HomeMy WebLinkAbout2016-12-20 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 20, 2016
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 Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Deputy Town Clerk
1. Citizen Participation
Stephen Connelly, resident, spoke about the benefits RBO accommodations bring the resort
community noting that typically there are more favorable price points to the mid range market
and ability to generate sales tax revenue for the town coffers. He also acknowledged there can
be down sides to the neighborhood especially when the owners do not reside in the home on a
full time basis. He hope the town would acknowledge these units on some of its
accommodations lists, such as the Welcome Centers.
Chris Fitzgerald, resident spoke about the Chamonix project and inquired about the property
covenants; he also thanked Stan Zemler for his many years of service.
Greg Bemis, resident, expressed concern that the chain link fence had not been up behind Vail
Common's driveway as it is no longer used as an access point because of safety reasons. He
asked if code enforcement would be able to respond to his inquiry.
2. Proclamations
2.1. Proclamation No. 9, Series of 2016, Recognize Harry Frampton, Vail Valley Foundation
Presenter(s): Dave Chapin, Mayor
Background: The Town of Vail recognizes Harry Frampton as the Vail Valley Foundation
Chairman and extends their appreciation for his thirty-five years of service to the Vail Valley with
Proclamation No. 9, Series of 2016.
Moffet moved to adopt proclamation No. 9; Foley seconded the motion and it passed (7-0).
3. Appointments for Boards and Commissions
3.1. Appointments for Commission on Special Events
Presenter(s): Dave Chapin, Mayor
Town Council Meeting Minutes of December 20, 2016 Page 1
Action Requested of Council: Appoint six members to CSE, four members to serve a term until
December 31, 2018 and two members to serve a term until December 31, 2017. There are six
vacancies on the CSE; interviews were conducted during the afternoon meeting. There are
seven applicants interested in serving on the CSE.
Bruno moved to appoint Barry Davis, Marco Valenti, Mark Gordon, and Alison Wadey to serve
two year terms on the CSE as follows,. Moffet seconded the motion and it passed (7-0).
Bruno move to appoint Samantha Biszantz and Rayla Kundolf to serve one year terms to the
CSE. Moffet seconded the motion and it passed (7-0).
4. Consent Agenda
4.1. Resolution No. 39, Series of 2016, A Resolution Authorizing the Town of Vail to Grant A
Utility Easement to Comcast of Colorado VI, LLC, and Setting Forth Details in Regard Thereto
Background: The easement allows Comcast of Colorado IV, LLC to install service to several
areas along the Gore Valley Trail.
Moffet moved to approve the consent agenda; Langmaid seconded the motion. There was a
request to include an update from Comcast representative at a future meeting; there have been
recent rate increases and bundling of services that the public should be made aware of. The
motion passed (7-0).
5. Town Manager Report
The Town Manager did not report on any topics.
6. Public Hearings
6.1. Second reading of Ordinance No. 33 Series 2016, An Ordinance Making Adjustments to the
Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch
Services Fund, and Heavy Equipment Fund.
Presenter(s): Carlie Smith, Senior Budget Analyst
Chapin opened the public hearing; no public input was heard at this time. Staff noted one
change from first reading as the $24,150 to contract with Destimetrics to begin the first phase of
a "Rental by Owner" study. Moffet moved to approve Ordinance No. 33 Series 2016, Second
Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund.
Bruno seconded the motion and it passed (7-0).
6.2. Ordinance No. 35, Series of 2016, First Reading, An Ordinance establishing Special
Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special
Development Districts, Vail Town Code, to allow for the development of a limited service lodge
and deed restricted employee housing units and a conditional use permit for public or
commercial parking facilities or structures, located at 1783 North Frontage Road West/Lots 9-
12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030)
Presenter(s): George Ruther, Director of Community Development and Matt Panfil, Town
Planner
Town Council Meeting Minutes of December 20, 2016 Page 2
Background: The purpose of the proposed Special Development District (SDD), is to facilitate
the redevelopment of the former Roost Lodge site with a 170 unit Marriott Residence Inn limited
service lodge (LSLU), 107 Type III deed -restricted employee housing units (EHUs), six (6)
unrestricted rental dwelling units, and a commercial parking facility, located at 1783 North
Frontage Road West.
Chapin opened the public hearing at this time. Matt Panfil, Planner, presented the SDD
application and overview for the proposed redevelopment of the former Roost Lodge site as
described above. It was noted the Town Council visited the site earlier in the day. His
presentation included the following:
■ Review of some common related terms & acronyms
■ Background & purpose of Special Development Districts
■ Description of the Project Details, i.e. density, GRFA, EHUs, building heights, etc.
■ Highlights about PEC, public and staff comments about neighborhood compatibility, which
were focused on the bulk, mass and scale of the project
■ Description of the deviations from the code, i.e. setbacks, building height, site coverage,
loading berth heights, retaining walls
■ Outline of the SDD Criteria
■ Background about previous approvals for the location
Panfil noted the Town of Vail Planning and Environmental Commission recommended that the
Vail Town Council approves, with conditions, Ordinance No. 35, Series of 2016 on first reading,
to allow for the establishment of Special Development District No. 41, Marriott Residence Inn,
and set the date of the second reading of this ordinance for January 3, 2017.
Applicant presents at this time
Dominic Mauriello, Mauriello Planning Group, representing the applicant, Vail Hotel Owner,
ESHV, LLC, presented the project application. He noted the project team included the Hart
Group, Wright Heerema Architectds, MacDesign Landscape Architects, Alpine Engineering,
Inc., Goulding Development Advisors, Shaner Life Safety and McDowell Engineering. His
presentations addressed the following topics:
➢ Need for the project
➢ Public Support to -date (Vail Valley Partnership, Vail Chamber & Business Association, Vail
Local Housing Authority)
➢ The Existing Site
➢ Project Overview
➢ Design Evolution
➢ Views
➢ Floor plans
➢ Sustainability Characteristics
➢ Review Criteria
➢ Deviations from underlying zoning
► Below grade setbacks - not truly a "deviation"
► Building height
► Below grade site coverage
► Loading and delivery - height of one required space
► Retaining wall height and 2' wall setback
➢ Criteria compliance
➢ Public benefits (see table below)
Town Council Meeting Minutes of December 20, 2016 Page 3
➢ Public benefits - see table below:
At this time Chapin asked for public input and the following community spoke:
Randy Guerriero, resident, expressed concerns about mass, bulk and height of the project
buildings, as well as the retaining wall setbacks and traffic. He expressed concern that this
will have serious negative impacts on the neighborhood and his property. He is concerned
about the number of people who will be added to living in the neighborhood and the negative
impacts on the streets and traffic flow out of the neighborhood. He asked for careful
consideration of this project with less variances allowed.
Chris Romer, VVP, expressed their support of the project and its ability to produce affordable
housing units and accommodations for the mid range visitor market; a project that would
continue to help the valley remain economically sustainable.
Ryan Kelsey, Vail Chamber and Business Association, expressed their support for the project.
Jonathan Stauffer, resident, expressed serious concerns about the current proposal noting it
is not a comparison to the original zoning that was allowed in the neighborhood; he requested
work be done on the West Vail Master Plan as it is a residential neighborhood that will now be
commercialized to an extreme.
Gwen Scalpello, resident, expressed kudos to VLHA for seeking out more affordable housing
opportunities in Vail, however, expressed concern over the bulk, mass and height of the
project.
Wendy Erb, resident, expressed concern about the bulk, mass and height of the project for
this neighborhood, requested the need for an update to the master plan, too much impact on
the neighborhood, i.e. noise, traffic, people. She asked council to carefully consider this
proposal as it is too big.
Town Council Meeting Minutes of December 20, 2016 Page 4
Chris Burns, resident, expressed concerns about the density, bulk, mass and height. He is
concerned about the environmental impact and the water and sewer infrastructure and
requirements for the project. He requested that an update to the master plan be completed
first as the project does not fit this neighborhood.
Bob Boseli, business owner, expressed an appreciation for both sides on the topic; he does
support the project for its housing opportunities and the market it would serve.
Molly Murphy, VLHA & VVMC, expressed the need for more housing; she did present it to her
employer and colleagues at VVMC.
Steve Lindstrom, VLHA and resident, encourage the community to try to solve its housing
problems; Vail can not wait for down valley to fix the problems.
Marc LaVern, resident, expressed concern the project is too large for the neighborhood area
and requested a master plan be completed first.
Susie Tjossem, resident, expressed concern about the bulk, mass, density, it is 25% too big!
She agreed with comments of the others.
Jill Klosterman, Eagle County Housing Department, share some of her concerns about the
availability of land and housing crisis.
Lorrie Johnson supported the project for the opportunity to address housing.
Jim Lamont, resident and representative of Vail Homeowners Association, commended the
community for its input on the project. He expressed the need for a west vail master plan, the
purpose of the special development districts in Vail, and the need for the housing.
Council requested renderings of the Buffehr Creek residences next to the proposed
development and inquired as to whether the developer was planning to request funding from the
VLHA to construct the units. There was some further discussion about the need to gather more
information and allow for public input. Moffet moved to table and continue the hearing until
January 3, 2017. Foley seconded the motion and it passed (7-0).
7. Action Items
7.1. Executive Search Firm Interview Selection
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Select three to five Executive Search Firms from the RFP
responses who will be scheduled for interviews with the Town Council on January 3, 2017.
Background: The Town of Vail published a Request for Proposals (RFP) for executive search
services from qualified firms experienced in recruiting municipal executives to assist the Town in
recruiting highly qualified candidates for Vail's next Town Manager.
Town Council Meeting Minutes of December 20, 2016 Page 5
Krista Miller, HR Director, noted there were twelve proposals reviewed. Public input was
invited; there was no input. Bruno moved to select the following five search firms to interview on
January 3, 2017, as follows:
✓ Affion Public
✓ Colin Baenziger & Associates
✓ Ralph Anderson & Associates
✓ Peckman & McKenney
✓ Strategic Government Resources
Moffet seconded the motion and it passed (7-0).
7.2. Update on the Chamonix Neighborhood at West Vail Development Plan. 60 min.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Request action by the Vail Town Council on a number of key
development decisions. Decisions regarding financial subsidy, unit mix and floor plan lay out is
needed.
Does the Vail Town Council want additional financial subsidy factored into the sales price of
the future homes? If so, how much and which home type(s)?
Is the subsidy to be spread equally across all home type(s)? Which of the two site plan
options does the Vail Town Council authorize the Team to move forward with; Site Plan B or
Site Plan C?
Are there any significant changes that need to be made to the floor plan designs before
continuing forward with design development drawings and the construction budgeting
process?
Background: To date, the Vail Town Council has made a number of key decisions in the
planning for the Chamonix Neighborhood in West Vail. The development team has relied upon
these decisions to advance the development to its current iteration. More decisions are needed.
Three decisions lie in the critical path of the development, and, as such, the development can
not continue forward until decisions are made and direction is provided. Decisions are required
regarding financial subsidy, unit mix, and floor plan design.
Staff Recommendation:
The Community Development Department recommends the following:
1. Instruct the development team to advance the design development drawings of each of the
five, floor plan designs and layouts (Type 1— 5), as presented.
2. Instruct the development team to advance the design development drawings of Site Plan B
containing the unit mix as presented.
3. Advance with the next level of due diligence with systems built vendors.
4. Maintain the current level of subsidy (i.e. land, infrastructure, soft
5. cost, profit). No further subsidy is recommended.
6. Continue forward with the marketing and reservations campaign as contemplated within the
scheduled timeframe proposed and set the lottery for May of 2017. Return to the Vail Town
Council on January 4th with an updated phasing plan, a preliminary presentation on
specifications, and the preliminary terms of a pre sale agreement.
Ruther summarized the project and reviewed the two site plan options (comparison table
below); staff recommendations identified above. The financial subsidy was noted at $3.6 M
Town Council Meeting Minutes of December 20, 2016 Page 6
made up of land, site access work and infrastructure improvements. A review was made of the
"Chamonix Buyer Profile and Subsidy Memo" presented by Finance Department. The project
team was present, Triumph Development, 359 Design, RA Nelson.
The following table compares and contrasts the two site plan options:
Site Plan Options:
Small 2BR - $402K
Large 2BR - 5496K
Total 2BR
11.1.16
Site Plan B
Units °% Total
5 16%
11 34°%
16 50%
12.6.16
Site Plan C
Units % Total
5 16%
_5 16°%
10 31%
Small 3BR - $534K
0
0%
10
31%
3BR - $596K
6
19%
8
25%
Enlaged 3BR - $734K
10
31%
4
13%
Total 31EIR
16
50°%
22
69°%
Total Units
32
100°%
32
100°%
Plan Notes
Development Cost
More 2BR units
More large 38R units
$18, 000.000
Chapin asked for public comment at this time:
More 3BR units
More 1-car garage units
517..700,000
Joel Barten resident, expressed support of the project and appreciated the 3 BR units mix.
He sees the project as one he would like to live in.
Chris Fitzgerald, resident, expressed concerns about the lottery process favoring those who
can afford the highest priced unit; he requested more density so there are more affordable
units for those seeking housing.
Chris Neuswanger, , mortgage broker, requested caution with the deed restriction program
especially during foreclosures.
James Wilkins, resident and VLHA member, suggests there are locals who would be able to
afford the mix of housing offered by the project.
Kim Bell Williams, Valley Home Store, spoke about the list she keeps of those who are pre
approved for housing; she noted that 25 people from her list would qualify.
Chapin closed public input at this time. Council comments were given as follows:
✓ Some requested the need for additional public subsidy and others were satisfied with
current subsidy on the project
✓ Would units be available for Town of Vail emergency services employees?
✓ Suggested more subsidies to support those at lower levels of AMI, such as $100 per foot
and supported those at 80% AMI
Moffet moved to create a $50 per square foot subsidy for all of the unit types which was an
estimated total of $2M additional subsidies; Foley seconded the motion. The motion failed
Town Council Meeting Minutes of December 20, 2016 Page 7
(4-3); Bruno, Chapin, Cleveland, Mason — nay; Foley, Langmaid, Moffet — yea). There was
consensus that Plan C was the preferred site plan option. Cleveland moved to proceed with the
project with no additional subsidy; Bruno seconded the motion and it passed (4-3; Bruno,
Chapin, Cleveland, Mason — yea; Foley, Langmaid, Moffet — nay).
Moffet moved to accept site plan C, which includes 10 two BR units and 22 three BR units. The
motion was seconded and passed (4-3; Bruno, Foley, Mason, Moffet — aye; Chapin, Cleveland,
Langmaid — nay).
7.3. Deed restriction and lottery selection process for the future development of the
Chamonix Neighborhood at West Vail.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: The Vail Town Council will be asked to make a final determination
on the deed restriction and lottery selection process. A determination on these two matters is
needed to continue forward with the Chamonix Neighborhood marketing and reservation
processes.
Background: The Chamonix Neighborhood development helps the Vail Town Council achieve
its adopted goal of "growing a thriving and balanced community'. To do so, however, a deed
restriction for occupancy of the new homes and a lottery selection process are needed. On
December 6th, the Vail Local Housing Authority presented its recommendation for both the
deed restriction language and the lottery selection process to the Vail Town Council. At the
conclusion of the presentation the Town Council instructed staff to prepare a final
recommendation on these matters for a public hearing. No substantial changes were made to
the recommendation since the work session on December 6th.
Staff Recommendation: The Community Development Department recommends the Vail Town
Council approves the proposed deed restriction language and lottery selection process as
presented. The proposed language and process further the Town's stated guidelines and goals
for the Chamonix Neighborhood development and help the Town achieves its objective of
creating, maintaining, and sustaining community by constructing a for -sale, deed restricted
housing development that provides home purchase opportunities for persons and families
employed in Eagle County and committed to make Vail their permanent place of residence.
Ruther presented the recommendations for the deed restriction programming. There were
some changes suggested related to owning real estate that would not limit it to Eagle County.
Chapin asked for public input at this time.
Wendy Erb, resident, expressed support for employment within Eagle County
Gwen Scalpello, resident, expressed concern about Vaill offering to subsidize and solve
Eagle County's housing problems.
Moffet moved to approve the proposed "deed restriction language" with one change to address
property ownership (to remove Eagle County). Bruno seconded the motion and it passed (7-0).
Council consideration was given the Lottery Selection Procedures, outlined below:
• Each qualified home buyer shares an equal chance of being selected.
Town Council Meeting Minutes of December 20, 2016 Page 8
• In an instance of multiple home buyers within a household (i.e. marital spouses) each
individual home buyer may have a separate chance of selection provided each individual is
capable of qualifying independently.
• Qualified home buyers shall select the home(s) for which they are interested in purchasing by
placing their name into the hat for said home(s). A certified list of all names within the 32 hats
will be created prior to commencing the drawing.
• One qualifying home buyer's name will be drawn at random for each of the 32 homes. • The
selected home buyer for each of the homes will have the option to execute a pre sale
agreement, on its terms, for the home which they selected. If the selected home buyer declines
the option, a new qualifying home buyer's name will be drawn, and so on, until a pre sale
agreement is executed for the home. This process will be repeated for each of the 32 homes.
• In an instance where a qualified home buyer is drawn for more than one home, they shall be
limited to executing a pre sale agreement for only one home. Once the desired home is selected
and a pre sale agreement is executed, the qualified home buyer's name shall be removed from
the lottery selection process.
• If a home buyer declines acceptance of a home, or otherwise fails to execute a pre sale
agreement within the established timeframe, the home buyer shall forfeit their position and
1) request to have their name placed back into possible future drawing, or 2) be removed from
the lottery selection process for said home entirely.
• A lottery drawing schedule shall be established. Qualified homebuyers need not be present to
be drawn
Ruther proposed a requirement that the participant/representative must be present during the
lottery selection. There was consensus to gather more public input on this topic. A "mock
lottery" was conducted with town of vail employees. Pubic input was requested at this time with
comments from Chris Fitzgerald and Wendy Erb. Public comment was closed at this time. The
lottery process discussion would be scheduled again for additional public input at the next
meeting, January 3, 2017. Zemler thanked Ruther and VLHA for their effort on these topics.
7.4. Resolution No. 37, Series of 2016, A Resolution authorizing the Town Manager to enter into
a Pre Development Agreement with Triumph Development West, LLC, and setting forth details
in regard thereto.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 37,
Series of 2016, as read.
Background: The Town of Vail sought the professional services of a developer to construct the
Chamonix Neighborhood at West Vail. Triumph Development West LLC was selected to be the
Town's developer. The Town and Triumph wish to enter into a Pre Development Agreement to
establish terms of preliminary services to be provided by Triumph for the construction of the
Chamonix Neighborhood.
Town Council Meeting Minutes of December 20, 2016 Page 9
Staff Recommendation: The Community Development Department recommends the Vail Town
Council approves Resolution No. 37, Series of 2016, as presented and read. The terms of the
Agreement are consistent with the interests expressed by the Town Council.
Moffet approve Resolution No. 37, Series of 2016, A Resolution authorizing the Town Manager
to enter into a Pre Development Agreement with Triumph Development West, LLC, and setting
forth details in regard thereto. Bruno second the motion and it passed (7-0). There was no
public input.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at
10:50 p.m.
Attest:
, , N)x,
Patty n, To I k
tf ly F
,
t
Dave Chapin, Mayor
Town Council Meeting Minutes of December 20, 2016 Page 10