HomeMy WebLinkAbout2016-03-01 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 1, 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 Dave Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Dick Cleveland
Kevin Foley
Jen Mason
Greg Moffet
Members absent: Kim Langmaid
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Mayor Chapin reminded the community about the town's annual community meeting scheduled
for March 8 and the Burton US Open Championships occurring this week in Vail. He
encouraged and invited everyone to attend these events.
The first item of business was Proclamation No. 1, Series of 2016, One Book, One Valley
Community Reading Program presented by Lori Barnes, Vail Public Library, a proclamation
which gives support for the communitywide reading program One Book, One Valley 2016. The
proclamation was read and Moffet moved to approve Proclamation No. 1, Series of 2016; Foley
seconded the motion and it passed (6-0).
The second item on the agenda was Citizen Participation with comments from Reggie O'Brien
representing Bald Mountain Townhomes making inquiries about the easement in order to
complete the berm. She noted their homeowners are very anxious to have CDOT complete this
project and asked for town support as well. Taylor Gardarian, local resident of Eagle -Vail,
commented on his progress made with discussions about his gondola idea.
The third item of business was the appointments to the Design Review Board. Moffet moved to
appoint Andy Forstl, Rollie Kjesbo and Bill Pierce to the DRB; Cleveland seconded the motion
and it passed (6-0). Foley thanked the new members for all their years of service
The fourth item of business was the Consent Agenda as follows:
1. Minutes from February 2, 2016 council meeting
It was noted that only six members were present instead of seven which was indicated in
the minutes at adjournment. Foley moved to approve the February 2, 2016 minutes;
Cleveland seconded and the motion passed (Moffet abstained; 5-0).
2. Minutes from February 16, 2016 council meeting
Moffet moved to approve the February 16, 2016 minutes; Foley seconded the motion and it
passed (6-0).
Town Council Meeting Minutes of March 1, 2016 Page 1
3. Chamonix Residential Development - Infrastructure Contract Award
Moffet noted that Old Castle should be the contractor and not Elam as noted in the memo.
There was some discussion about the cost differentiations between the proposals and
assurances that the work done will only be that which was included in the design.
Community Development Director George Ruther confirmed that would be the case and
detailed some of the improvements slated to begin. Moffet moved to authorize the Town
Manager to enter into an agreement, in a form approved by the Town Attorney, with Old
Castle to complete the Chamonix Residential Development project in the amount not to
exceed $599,342.40; Cleveland seconded the motion and it passed (6-0).
4. 2016 Overlay Contract Award
Moffet moved to authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Old Castle to complete the 2016 Vail Overlay Project
in the amount not to exceed $433,262.00; Bruno seconded the motion and it passed (6-0).
5. Resolution No. 5, Series of 2016, Designating Public Posting
It was noted Resolution No. 5 was not included in the packet for consideration. Town Clerk
Patty McKenny explained the Vail Municipal Building serves as the only official posting
notice location, with bulletin boards at both entrances to the building. The town's website is
also used for posting many public notices and materials. The resolution passed (6-0).
The fifth item on the agenda was the Town Manager's Report; there were no items reported on
at this time.
The sixth item of business was Resolution No. 6, Series of 2016, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and Eagle County Creating A
Partnership as Part of the Plan4Health Grant and Setting Forth Details in Regard Thereto. Mark
Hoblitzell, Environmental Sustainability Coordinator and Kris Valdez Planner, Eagle County
presented the intergovernmental agreement (IGA) with Eagle County to support efforts
associated with the Plan4health grant. A brief slideshow was presented addressing primary
healthy activities and examples. It was noted that in return for assistance with grant programs,
the Town of Vail would receive a $5,000 distribution of grant funds and a review of the town's
policies in support of healthy eating and active living identifying strengths and opportunities for
the Town of Vail. It was also mentioned the town may be asked to provide staff time for
document searches, stakeholder meetings, and program review moving forward. Some Council
members expressed concerns about the intent of the programming and inquired about "who"
would be making these decisions about the programming. Foley moved to approve Resolution
No. 6, Series of 2016, reading the entire resolution into the record. Bruno seconded the motion.
Public comment was invited; no public comment was made. The motion passed
(6-0).
The seventh item on the agenda was a presentation about "Restore the Gore; Gore Creek
Water Quality Strategic Plan", with a discussion of high priority actions and budgetary planning
associated with the plan, as presented by Kristen Bertuglia, Environmental Sustainability
Manager. She noted at the February 2nd session of the Vail Town Council, staff presented the
background and causes of decline of Gore Creek, and the overall Plan to address the lack of
aquatic life for which Gore Creek is listed on the 303(d) list of impaired waters. The
presentation addressed many topics with some time spent on the "high priority plan actions",
(identified in the worksheet), and the budget proposal for implementation of the plan. She noted
Town Council Meeting Minutes of March 1, 2016 Page 2
some of the items are already being addressed and grant results would not be known until late
spring. The plan would also be reviewed on March 15 with further detail about priority actions
and a more developed budget. She noted there were many groups involved throughout the
entire process, thanking them. There were some questions about the temporary position that
has been created in order to oversee some of the programming of this plan. There was some
suggestion to include our community, i.e. non profit groups, in efforts that would also speak to
the plan implementation. There were other council comments as follows:
✓ Must review the plan periodically / annually
✓ What happens if the town does not get grant funding
✓ Develop metrics that show the plan implementation is successful
✓ Outreach to other community stakeholders for funding
Chapin asked for any public input on the topic with comments given as follows:
■ Taylor Gardarian, local Eagle -Vail resident, thanked those who participated and council for
supporting such programming
■ Diane Johnson, ERWSD and Vail resident, expressed support of the process and the plan
and products, and the relationships that exist between the agencies and the community.
■ Eric Perkins, local fisherman, spoke about some of the issues he has seen occur over the
years, as well as expressed support for the plan and all those involved. He also thanked the
town for their efforts.
The eighth item on the agenda was Vail Golf and Nordic Clubhouse Remodel Project
Construction Update as presented by Stan Zemler, Town Manager and NV5, owner
representative. Others involved in the project are Zehren and Associates who provide the
architectural design, and Evans Chaffee Construction Group, who provide Construction
Manager/General Contracting Services. Zemler presented a construction budget update and
asked for direction on their request to include an additional $651,241 to finish the Vail Golf and
Nordic Clubhouse project. Staff recommended supplementing the remaining budget from the
RETT fund balance noting this would provide up to $175,000 in additional project contingency to
complete the project. It was noted any savings at the end of the project would be returned to
the RETT Fund. He also suggested this change would become part of the first supplemental
budget of 2016 from the recommended funding sources, summary below.
2015 and 2016 Recreation amenity Funds $272,001
Savings from 2105 Golf Course Other Improvements Account $100,783
Energy Enhancement Capital Funds $ 50,000
RETT Fund Balance $228,457
Total Supplemental $651,241
Zemler explained as the project has progressed, project owner risks were exposed, such as
poor soils, ground water, unexpected conditions during demolition, and weather related
expenses. Additional details about costs overages were presented in a council packet memo
from the Town's owner's representative NV5. At this time the project team identified $315,000
worth of overages which will need to be supplemented to complete the project. The project team
also recommended that an additional $335,000 be spent to reinstate the interior, operational
enhancements and amenity alternates which would complete the project to the level of quality
and finish of other Town of Vail projects. Council comments addressed some of the following:
✓ Important to finish the project and now is the time to do it right, the Vail way
✓ Time to tour the construction project
✓ Description of costs related to replacing and repairing the irrigation
Town Council Meeting Minutes of March 1, 2016 Page 31
✓ How the weather impacted the costs
There was Council consensus to move forward in completing the project as a "legacy project"
and to ensure it is one which would be impressive for many years to come. Moffet moved to
direct staff to include the requested funding of $651,241 as part of the first 2016 supplemental
budget ordinance. Cleveland seconded the motion and it passed (6-0). There were no public
comments on this matter.
The ninth item of business was a First reading of Ordinance No. 4, Series of 2016, an
ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the
minimum lot size for properties in the Two -Family Residential (R) and the Two -Family
Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two
dwelling units and are now nonconforming due to lot size requirements, and setting forth details
in regard thereto as presented by Jonathan Spence, Planner. He presented background about
this topic, noting that as a result of annexation into the Town of Vail, 35± duplex properties (2
dwelling units on a single development site) have been deemed Legal Nonconforming by the
Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. He further noted
that as Legal Nonconforming properties, homeowners are unable to utilize any available Gross
Residential Floor Area (GRFA) that may exist on the property that would allow an increase in
the size of the home or to redevelop the property as a two (2) unit or duplex property. The
Prescribed Regulation Amendment is proposed to amend the density control section of the Two -
Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts by
providing an exception to the required minimum lot size for those subject properties. The effect
of this language will be to remove the nonconforming designation from the properties, allowing
utilization of available GRFA or potential property redevelopment. It was also noted that on
February 8, 2016, the Planning and Environmental Commission recommended the Vail Town
Council approve Ordinance No. 4, Series of 2016, upon first reading, with a vote of 5-0-0.
Chapin invited public input and several members spoke as follows:
■ Tom Braun, Braun & Associates, spoke on behalf of the property owners, expressing
support for the ordinance and what it would enable his property owners to do.
■ Gene Grace, property owner, provided some history and asked council's support of the
ordinance. He thanked community development staff for all their assistance in helping to
resolve this complex issue.
Moffet moved to approve Ordinance No. 4, on first reading, Ordinance No. 4 Series of 2016, an
ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the
minimum lot size for properties in the Two -Family Residential (R) and the Two -Family
Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two
dwelling units and are nonconforming due to lot size requirements, and setting forth details in
regard thereto with the following findings:
Based upon the review of the criteria outlined in Section VII of the Staff memorandum to
the Planning and Environmental Commission dated February 8, 2016 and the evidence and
testimony presented and the evidence and testimony presented, the Vail Town Council
finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; and
Town Council Meeting Minutes of March 1, 2016 Page 4
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
Cleveland seconded the motion and it passed (6-0). Foley thanked all those speaking at the
PEC meetings, the PEC and staff for their effort in helping the people who live in Vail.
The tenth item of business on the evening's agenda was adjournment. There being no further
business to come before the council, Moffet moved to adjourn the meeting and Foley seconded
the motion which passed (6-0) and the meeting adjourned at 8:15 :).m.
Attest:
Patty cKe ny, o Cle k
ReSDectf Ily ibmitta,
Dave Ch-pin, Mayor
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Town Council Meeting Minutes of March 1, 2016 Page 5