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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 Town Council Meeting Minutes of June 2, 2015 Page 1 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. ARrespe ully ubmitted, Attest: k D Ayor OF .47 Patty cKen To erk �•� • EAL Town Council Meeting Minutes of June 2, 2015 Page 5