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HomeMy WebLinkAbout2014-11-04 Town Council MinutesVail Town Council Meeting Minutes Tuesday, November 4, 2014 600PM. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6 00 P M by Mayor Andy Daly. Members present Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk Mayor Daly presented the proclamation for Colorado Gives Day on December 9 which was read into the record by Mayor Pro Tem Kurz Paula Palmateer, with the Red Ribbon Project, spoke on behalf of the other non profit community organizations with 40 groups signed on to receive funding She recognized the local businesses and government agencies for all the support of the work being done by the charities throughout Eagle County Bugby moved to approve the proclamation, Rogers seconded and the motion passed unanimously (7-0). Mayor Daly thanked all those who were in attendance The first item on the agenda was Citizen Participation with input from.: Kirk Hansen, resident of Pitkin Creek, identified a stream embankments issue North of 1-70 as a partially failed creek bank about 100 yards up -creek from Fall Line Drive in East Vail noting concern the creek bank will fail completely when water levels rise high enough The Falls at Vail HOA is asking Town of Vail to follow the recommendations outlined in the River Restoration report to help rebuild, secure and protect the stream bank in that area It was noted town staff would evaluate the area The second item on the agenda was the Consent Agenda items as follows 1 Approval of the October 7, 2014 Town Council Meeting Minutes Moffet moved to approve the minutes, Bugby seconded the motion and it passed unanimously (7-0) 2 Approval of October 21, 2014 Town Council Meeting Minutes Moffet moved to approve the minutes, Bugby seconded the motion and it passed unanimously (7-0) 3 Proclamation for Colorado Gives Day Moffet moved to approve the proclamation, Kurz seconded the motion and it passed unanimously (7-0) Town Cuuncd Meeting Minutes of November 4, 2014 Page 1 Moffet moved to approve all other resolutions on the consent agenda, Bugby seconded the motion and it passed unanimously (7-0). 4 Resolution No 30, Series of 2014, TOV Bank Account Signature Authorization First Bank 5 Resolution No 31, Series of 2014, TOV Bank Account Signature Authorization Alpine Bank 6. Resolution No 32, Series of 2014, TOV Bank Account Signature Authorization Colotrust 7 Resolution No 33, Series of 2014, TOV Bank Account Signature Authorization Piper Jaffray 8 Resolution No 34, Series of 2014, TOV Bank Account Signature Authorization Schwab The third item on the agenda was action as a result of the executive session There were no actions taken as a result of the executive session The fourth item on the agenda was the Town Manager's Report which included an update on the Council Action Plan and Capital Projects/Program Reports through September 30, 2014 This agenda item discussion was set for the next meeting The fifth item on the agenda was the Betty Ford Alpine Gardens Education Center (BFAG) — Lease Area Amendment and Financial Surety as presented by George Ruther, Director of Community Development He noted the need to obtain council's consideration and approval of the general lease terms, lease area amendment and proposed form of financial surety prior to the construction of the education center on town owned land He reviewed the packet memo with a summary about how the proposed lease area terms address BFAG efforts to expand their improvements and operations within Ford Park to an area presently outside the leasehold area, thus, the need for an amended lease Such terms noted in the lease included the term of 49 years ending on May 30, 2046, the improvements which reference the education center and its operations (Betty Ford Gardens Education Center Operational Plan, as amended, July 7, 2014), the uses, program of space, parking and access, to name a few In addition there was a review of the Town Council's requirement the Betty Ford Alpine Gardens demonstrate the financial ability to complete the construction of the Education Center once started with a request for financial surety with the posting of a completion bond prior to the issuance of a building permit Jack Hunn, representing BFAG, was present to express difficulties associated with posting a completion bond and instead proposed the Town Council accept an approved line of credit, to which the Town of Vail shall have access, in an amount sufficient to cover the cost of completing the project He referenced the loan commitment letter included in the packet materials There was some discussion about the costs related to using either a performance bond vs a line of credit Hunn requested consideration for requiring the line of credit rather than the bond in an effort to save some costs that could then be use for construction costs of the project. It was noted that in light of the long term relationship with BFAG and the fact that other projects were not required to provide the performance bond, the town should allow the line of credit Mayor Daly preferred requiring the bond to cover the town's risk and as well because the financial condition of the BFAG has not been that strong in the past five years. Other discussion addressed the following topics, 1) total project costs ($4M), 2) actual and projected monies raised through pledges and donations, 3) status of grant applications, 4) costs of a bond, 5) loan language revisions related to funding the project, and 5) questions about collateral. It was suggested the amendment also address the BFAG fiscal responsibility to cover the costs associated with the maintenance of the new building, council expressed some concerns about these maintenance responsibilities and the need for an operational plan that would address some of the finer details about park operations, access, parking, deliveries, etc Town Council Meeting Minutes of November 4, 2014 Page 2 Bugby moved to approve the request by BFAG for their financial surety and construction building permit; Rogers seconded the motion The Town Attorney noted a motion was not necessary for this item and then summarized the direction from council to staff as the following, all of which were supported by Town Council ✓ Approve BFAG moving forward with obtaining the building permit ✓ Further council review of an amended lease and operational plan in the near future ✓ BFAG would proceed with providing a line of credit to the town with some involvement by the Town Manager, Town Attorney and with Alpine Bank to ensure the appropriate protections are in place for the town The sixth item on the agenda was a presentation on the 1-70 Vail Underpass Update and Noise Assessment presented by Tom Kassmel, Public Works Engineer, Felsburg, Holt and Ullevig The purpose was to provide an update of the design progress, provide the summary results of the 1) Traffic Noise Impact & Assessment, 2) outline the process for consideration of rase walls 3) design updates, and 4) identify the next steps in the process The draft traffic noise impact & assessment report was completed by FHU in accordance with Federal and State laws and guidelines, and based on their findings, noise impacts were identified and the construction of noise walls to abate traffic noise has been found to be reasonable and feasible There was some discussion about a survey that could be conducted in order to better understand what the neighborhood would prefer in terms of abatement solutions But in order to proceed, results of a survey of the benefitting noise receptors would need to be supported by a majority of the benefitting noise receptors In addition it was noted that the design team would continue to move forward with the design and the environmental analysis to more thoroughly vet the design solution It was noted as the process continued, the design team will update and continue to receive input from the Town Council and the community on the project's progress and any notable changes, through public meetings process Mayor Daly asked for public input at this time 1 Rich Larsen, Simba Run resident, expressed some dissatisfaction with the surveying need, the format and the entire process and noted this as a regulatory overreach, he noted the solution is far worse than the problem 2 Oscar Caylan, Simba Run resident, expressed that possible solution identified does not help the unit owners, too much studying is involved, and the need for education prior to sending the survey so participants understand what is at stake 3 Carol Calcaterra, Simba Run resident, expressed thanks to those involved and spoke from a Vail resident perspective, not a unit owner perspective, sharing her love of Vail and its beauty 4 Katie Stater, Savoy Villas, commended staff on their efforts with the project, expressed her keen interest in the visual and design elements of the project as well as the decibel impact of the wall, would like to see drawings of a proposed wall 5 William Pierce, Simba Run resident, expressed concern there is really not enough information just yet, further study should be completed to identify all options 6 Charlie Calcaterra, Simba Run resident and board member, thanked staff for attending their homeowner's meeting along with the consultants and expressed his request that the project continue to get the study it deserves so that all options can be identified and reviewed by the neighborhood, staff, consultants and town council 7 Jonas Staller, Savoy Villas units, expressed his request that the homeowners have a chance to review any designs before making final determinations on the project, and thought maybe addressing some of the impacts could be done with some landscaping efforts Town Council Meeting Minutes or November 4, 2014 Page 3 S Kim Langmaid, West Vail resident, expressed a request that the town consider creating a wall that is wildlife friendly 9 Jim Lamont, Vail Homeowners Association, expressed concerns about truck size access, and noted their board feels the project is beneficial to the community and noted the frontage road system should work at a standard road network capacity He expressed that the idea of the sound walls is of interest to the community as a whole and such decision should be evaluated by the entire community There was council feedback with some concerns and questions expressed ✓ How does the survey and possibly construction of noise berms impact costs of the project and who is responsible for costs? ✓ Obtain input on survey format from homeowners ✓ What does the process look like with the Transportation Commission in light of this abatement option? ✓ Ensure survey gets to the appropriate people/homeowners ✓ Possibly install a temporary wall in the median in order to receive input on what impacts might result, ✓ Review design samples and possibly a 3-d mockup before the survey is distributed It was noted that a public meeting to further vet this project and information would be held in December The seventh item on the agenda was First reading of Ordinance No 16, Series 2014, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2015 through December 31, 2015 as presented by Kathleen Halloran, Assistant Finance Director Several items were reviewed such as. • Housing Buy Down Program • Affordable Care Act expenditure impacts related to part time employees who will need health coverage • The plan for implementing a 1% pool for exceptional performers as discretionary vs percentage based • Revenue projections for projects that may come online as not included • Commission on Special Events funding request for $50K for fireworks which was supported by council • Review of employee expenditures related to benefits and overtime, further information was requested for second reading • Budget for capital outlays • Staffing level summary report and overtime expenditures • Burton $400k funding request Nick Sergeant, Burton, presented some event metrics for the USO Burton event at this time There were some questions about the validity of the numbers, specifically the lodging and sales tax collections during that timeframe and especially when compared with historical trends There were some concerns expressed about funding at the same level with several council members preferring to reduce that number over time Some supported the level of funding based on the return from the national media exposure and attraction of the demographic the town is looking for Burton agreed to work with the town to continue to fine tune how events can be measured and results evaluated to determine the value of an event to the town and subsequent funding by the town and event promoters There was additional review made of several funding requests by the following Town Council Meeting Minutes of November 4, 2014 Page 4 BFAG's request for $500K from the town's CIP budget to help with the education center construction costs It was noted they now are engaged in a capital campaign of fundraising for the new education center There was support for this budget item and a request a payment plan is drafted that would be incremental as the protect progresses and the capital funds are raised through their campaign Public input on the request was given by Susie Tjossem and Diane Boyer as related to their campaign and the need for the town's support in the long term of the museum and its proposed capital expansion improvements There was a request to further review their proposal at a future meeting in early 2015 Bravo's Jeane Reid was presented to thank the town for its 27 years of support and a brief run down of next year's programming Walking Mountains Science Center's request was noted for their educational programming, Actively Green programming Daly thanked Judy Camp, outgoing Finance Director, for her years of service and commitment to the Town of Vail with many compliments and praise for her performance which included great insight and diligence in ensuring the town was placed in an exceptionally strong financial position Moffet moved to adopt Ordinance No 16, Series 2014 on first reading, Kurz seconded the motion and it passed unanimously (7-0) At this time Daly also recognized Mark Miller, Fire Chief, for his years of service and commitment to the Town of Vail and ability to get results with the construction and remodel of two stations and his effort in building a strong department Both employees resigned recently He then introduced the new interim Fire Chief as Steve Pishke who would head up the department until a new Chief was hired The eighth item on the agenda was first fe4tlfng-of, Ordinance No 17, Series of 2014, an Ordinance to Rezone a Portion of Parcel9 *(,tbe"U'o�d¢ri,Reak Ski Base And Recreation District Parcel Subdivision From Ski Base Recro'atibd District to'SKt.Base Recreation 2 District, Located at 460 Vail Valley Drive/Parcel 1, Iden Peakk��fci.B�e and Recreation District Parcel Subdivision, and Setting Forth Detail in:Rej�rd.7Tiereto;;(PEC140022) Jonathan Spence, Planner, explained that Vail Resorts, I ihtends to transfer the subject property to the Ski and Snowboard Club Vail so that rt may 0rNbl�ed, �il17 the existing Ski and Snowboard Club parcel The transfer would occur shortly bq'fQ,itj}; Go" encement of the redevelopment The purpose of the amendment is to establish" 6pment site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse It was noted that on October 27, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Moffet moved to approve Ordinance No 17, Kurz seconded the motion and it passed unanimously (7-0). No public input was received The ninth item on the agenda was Ordinance No 15, Series of 2014, Second Reading, Amending SODS as presented by Joe Batcheller, Community Development, an ordinance repealing and reenacting the approved development plan for Special Development District No 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for Town Council Meeting Minutes of November4, 2014 Page 5 the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto (PEC140033) On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No 15, Series of 2014 Matthew Cain thanked council for their time earlier in the day during the site visit and further addressed the benefits of then application to the neighborhood and community There was some further discussion about this protect and whether or not there was town policy that addressed office space in certain zone districts Both property owners Mery Lapin and Bill Pierce were present with comments about the project Bugby moved to approve Ordinance No 15, Series of 2014; Kurz seconded the motion Moffet noted that he would not support this motion because the public benefit does not meet the burden of the change. There was further discussion about the costs to convert the units, the basis of the criteria used in evaluating the application, and public benefit The motion was amended to include the finding reported in the staff memo and passed with a four to three vote (4-3, Daly, Moffet, Bruno opposed) The tenth item on the agenda was adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded The motion passed unanimously, (7-0) and the meeting adjourned 10 55 p m Respectfully Submitted, Attest —�-— Andy Daly, May I /y'aA1 Patt/` My, Tow Town Connnl Meeting Minutes of November 4,2014 Page 6