HomeMy WebLinkAbout2015-06-02 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 2, 2015
6:00 P.M.
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 Tern
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members present: Stan Zemler
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda were several Town of Vail Employee Recognitions-
1 . Vail Communication Center received the APCO's State of Colorado Communications Center
of the Year Award
2. Kelli McDonald, Economic Development Manager, received Vail Valley Partnership's
Tourism Professional of the Year Award
3. Nomination for Town of Vail for Actively Green 2015 Award by Vail Valley Partnership
(represented by Kristen Bertuglia, Environmental Sustainability Manager)
4. Dwight Henninger, Vail Police Chief, received the Terrorism Liaison Officer Executive Award
by the Colorado Information Analysis Center in Arvada on behalf of his leadership and work
for the 2015 World Alpine Ski Championships. CIAC is part of the Colorado Division of
Homeland Security and Emergency Management within the Department of Public Safety.
The second item on the agenda was Citizen Participation and no comments were made.
The third item on the agenda was the Consent Agenda:
1. Resolution No. 13, Series of 2015, A Resolution Authorizing the Town of Vail to Grant a
Utility/Access Easement to Comcast of Colorado VI, LLC and Setting Forth Details in
Regard Thereto
Moffet moved to approve Resolution No. 13; Rogers seconded the motion and it passed (7-0).
2. Resolution No. 14, Series of 2015, A Resolution Approving an Intergovernmental Agreement
(the "IGA") Between the Town of Vail and Eagle County (ECO Trails Department), and
Setting Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 13; Kurz seconded the motion and it passed (7-0).
3. Resolution No. 15, Series of 2015, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Colorado Department of Transportation Regarding Bustang
Access; and Setting Forth Details in Regard Thereto
Moffet move to approve Resolution No. 15; Kurz seconded the motion and it passed (7-0).
4. Resolution No. 16, Series of 2015, A Resolution for the Chamonix Parcel Contract Award for
Site Design and Architectural Services
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Moffet moved to approve Resolution No. 15 to award the contract to 359 DESIGN referencing
reasons outlined below; Kurz seconded the motion and it passed (7-0).
■ 359 DESIGN is experienced and uniquely qualified to complete the scope of work being requested to
achieve the community's goals for development on the Chamonix Parcel.
■ 359 DESIGN has a successful track record with affordable housing projects and demonstrated the
ability to work productively with the Town of Vail as their client.
■ The final services agreement and scope of professional services exhibits shall be reviewed as to form
by the Town Attorney, prior to execution.
■ The total professional fee is approximately <2% of the estimated total project budget (assumed
project budget of $34M - $36M)
■ The two step project approach allows the Town to break ground on the initial phase of site access
and utility construction in the Fall of 2015.
■ The services agreement allows the Town to stop work on the project at any time, at its convenience
and without penalty.
■ The consultant team that been assembled is well qualified and has an extensive amount of
experience working on projects within the Town of Vail
5. Award contract for design services for Bridge Road
Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by
the Town Attorney, with Loris and Associates, Inc. to complete the design phase of the Vail -
Bridge Road structure in the amount not to exceed $248,839.00; Rogers seconded the motion
and it passed (7-0). Staff was asked to review the design of this bridge road work with the
neighborhood.
The fifth item on the agenda was Town Manager's Report and nothing was reported on at this
time.
The sixth item on the agenda was a review of the 2014 audited financial statements for the
Town of Vail presented by Kathleen Halloran, Finance Director and Michael Jenkins, McMahan
and Associates. Highlights of the 2014 audited financial statements were presented. The Vail
Town Charter requires an independent audit be made of all town accounts at least annually.
The 2014 audit was conducted by McMahan and Associates, LLC, and topics highlighted
included:
■ Net position & statement of activities
■ Debt financing of the Vail reinvestment Authority
■ Fund financial statements and reserve history
■ w/ a history of the reserves
• Fund performance and accomplishments for each of the funds, General Fund, Capital
Projects Fund, and Real Estate Transfer Tax Fund
■ Confirmed the information was correct and the auditor's letter indicated a "clean" report on
the town's financial statements.
Mayor Daly asked two questions, 1) would the council need to be made aware of any
misstatements found by the auditors; Jenkins indicated there were no misstatements found in
the reports; and 2) would there be any need to convene into executive session; Jenkins
indicated there were not any reasons to meet in executive session. Mayor Daly thanked
McMahan and Associates and town staff for their efforts in preparing the financial report.
The fourth item on the agenda was the appointments to Vail Housing Authority and the Vail
Local Licensing Authority. The candidate interviews were conducted during the earlier work
session. Kurz moved to appoint Steve Lindstrom to a five year term serving on the VLHA;
Moffet seconded the motion and it passed (7-0). Kurz moved to appoint Luca Bruno, Ted
Steers and Amanda Zinn to two year terms to the VLLA. The motion was seconded and passed
Town Council Meeting Minutes of June 2, 2015 Page 2
with Jenn Bruno abstaining (6-0). Mayor Daly noted the record of their votes were recorded by
name and were available from the town clerk's office.
The seventh item on the agenda was the Vail Golf and Nordic Clubhouse Project Update.
Project presenters included Greg Hall, Director of Public Works Town of Vail, Chris Penney,
NV5 Inc., Project Owners Representative, Tim Losa, Zehren and Associates Inc., Project
Architect. The last time an update was presented to town council was March 3. 2015. The
team shared progress made related to the 1) DRB approved plans and exterior renderings, 2)
proposed interior finishes and interior renderings, 3) project schedule and public outreach.
Chris Penney, NV5, reviewed the progress with information about design and kitchen
consultants, the Construction Management/General Contractor estimates underway, the
(CMGC) Selection and Preconstruction Services, the temporary structure status, the
design/schedule and a summary of budget status, soft and hard costs and contingency
amounts. Council had some questions and discussion ensued on several items:
1) Change order authority; it was noted the authority is only with the Town Manager / Director
of Public Works
2) The liaison who would be communicating with the neighborhood; it was noted a
representative from Evans Chaffee construction company would serve in this role
3) The status of the public outreach plan; meetings are slated for June and July
4) The status of the weekly project team meetings
Timothy Losa, Zehren and Associates reviewed the many items and outcomes included in the
project planning process referring to the site plan, summer and winter floor plans, a preview of
the exterior materials and finishes, review of the renderings and elevations. He spoke about
their needs assessment for the user groups, 1) golf course operations, F&B staff, caterers, and
retail services. Bugby asked questions about what has been done to improve the sewer system
and the parking and expressed concerns about the project overall and whether the remodel
project improves the golfer's guest experience. Next steps were identified as follows:
• Apply to Design Review Board for Temporary Clubhouse facilities approval.
• Begin FF&E selection process
• Provide public information regarding the approved design and project components.
• Host multiple public information meetings in the July timeframe regarding construction.
• Continue to update the cost estimate as design progresses and manage risk
• Complete the project construction documents.
• Submit for the necessary building and other permits for clubhouse and temporary facilities.
• Begin construction in September 2015.
• Complete the construction within 10-12 months
Mayor Daly opened the public hearing and comments were heard:
Sam Maslack, Sunburst Drive, asked about contingency plan if a court decision was
reached preventing the town the ability to construct the golf course.
Debra Webster, Sunburst Drive, asked if the contractor knows about the litigation.
Bugby spoke about the need for revising economic projections for the project. Mayor Daly
asked council members if there was support to direct work on updating the projections and only
Bugby favored the request. There was no further discussion on this topic.
The eighth item on the agenda was the public hearing on the topic of recreational marijuana.
The purpose of this public hearing was to provide the Vail Town Council an update about the
Town Council Meeting Minutes of June 2, 2015 Page 3
use of recreational marijuana throughout Colorado for the past 18 months and request input on
whether their would be interest in establishing a policy for regulating recreational marijuana
establishments within the community. George Ruther, Director of Community Development
noted their materials contained a great deal of information, some of which was a product of their
committee convened to study the topic. Rogers reminded staff she was still interested in
hearing about the retail sales experiences of Aspen and Breckenridge since they have adopted
legislation that allows these establishments. There was some discussion about "clubs" that
would allow guests/people to partake in marijuana smoking and what communities have taken
the question to a local vote of the community. It was also suggested that the lodges and
businesses may have input about what might be currently happening along with ideas about
what would be preferred. Daly opened the public hearing with a question, "should the town of
Vail allow retail marijuana in Vail?" and comments were as follows:
✓ Kevin Kelly, spoke about how guests don't have a place to smoke marijuana and suggested
the survey questions were confusing and not sure how that impacted the results.
✓ Eric Perkins, resident, wasn't sure why it should be legalized in Vail.
✓ Jason Platt, Eagle River Youth Coalition, expressed their position of limiting exposure and
access of of marijuana for our community youths.
✓ Charlie Calcaterra, Simba Run resident, supported permanent ban noting several reasons
why and mostly in terms of keeping it away from youth.
Additional discussion points included the legal ramifications of edibles, the regulation of vendors
selling vaporizers, how hotels/lodges manage the use of marijuana on their premises, and the
questions of why sell it if there is no location to smoke it, time to "ban it". Moffet moved to not
affirmatively ban marijuana, and noted since retail sales are not a permitted use per the town's
land use code, the legislation is really already on the books. There was no second to the
motion. Daly asked staff to return with proposal before the current ban expires based on further
input given and request for more information.
The ninth item on the agenda was Ordinance No. 6, Series of 2015, an Ordinance Amending
Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract
Protection", to Prohibit Private Improvements on Stream Tract Property in the Town of Vail.
George Ruther, Director of Community Development presented the topic with the review of the
memo noting the town has already been very actively addressing the issues in the community
with mixed responses and results. He noted the ordinance provides improved contexts for
enforcing the regulations, some of which hopes to accomplish the following:
1. further protects the public health, safety, and welfare of the community by regulating
sensitive stream tract areas in the Town
2. prohibits private encroachments in stream tract areas,
3. further ensures that the stream tract areas remain natural open space and serve the
purposes for which they were intended,
4_ creates a procedure by which the Town may abate an encroachment and seek
reimbursement, and
5. establishes a mandatory violation and penalty provision for failure to comply.
Moffet moved to approve Ordinance No. 6; Rogers seconded the motion. Daly opened public
comment at this time.
Eric Perkins, expressed support of the ordinance.
Town Council Meeting Minutes of June 2, 2015 Page 4
Mery Lapin, resident, expressed support for the ordinance but would prefer stronger
language related to the stream setback, the distance has to be a certain amount, and the
stream tract as it related to town owned property.
Jim Lamont, Vail Homeowners Association, expressed support of the legislation as well.
Ruther entered into public record email correspondence from Peter Gladkin who wrote
about his support of the ordinance.
Eagle River Water and Sanitation District presented comments to the Town Attorney about
their concern with the ordinance related to the fact that their own structures are located in
the stream tract. It was clarified the ordinance only addresses private encroachments not
public infrastructure in the stream tracts.
Bugby expressed concerns about the ordinance requesting it be tabled and requesting more
public input and notifications to property owners. Daly noted there is still time before second
reading to notify the public and as well the next meeting presents an opportunity for further
input. There was some discussion about the notification process and related timeline being too
short; whether the matter should be considered civil or criminal and that it is not too neighborly if
it is a criminal offense, and ensuring due process is granted per the language. It was suggested
staff consider some of these changes to the ordinance for next reading. The motion passed
(6-1; Bugby nay)
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 Bugby seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 8:45 p.m.
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