HomeMy WebLinkAbout2016-04-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, April 5, 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
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Mayor Chapin called the meeting to order at 6 p.m. and all seven members of the Vail Town
Council were present.
1. Citizen Participation
Several Bald Mountain Townhome property owners were present to request support for the
berm project completion as soon as possible. There was some review of the use of dirt from
other construction projects.
2. Proclamation No. 2, Series of 2016, National Library Week
Moffet read Proclamation No. 2, Series of 2016. Town librarian Lori Barnes was present to
review the details of National Library week.
3. Any action as a result of afternoon meeting and executive session
After the review of the Design Review Board results, Moffet moved to call up and allow Council
to review the conditional approval by the Design Review Board decision made on March 16,
2016 on the Booth Creek Park redevelopment. The review would be made of the plans and roof
materials for the restroom building. (Call up action is addressed as part of the appeals section
of the Vail Town Code 12-3-3) Foley seconded the motion and it passed (7-0).
An Executive Session was held during the afternoon meeting pursuant to: C.R.S. §24-6-
402(4)(b)(e) -to receive legal advice on specific legal questions; and to determine positions,
develop a strategy and instruct negotiators, Regarding: Welcome Centers' Contract, Vail
Commons Agreement and Red Lion Declaration Language. At this time Moffet moved to waive
any and all rights granted to the Town of Vail pursuant to section 3.4 of the First Supplemental
to Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium
Ownership of the Red Lion Condominiums dated February 28, 1992, and direct the Town
Manager to execute and deliver said waiver on behalf of the Town in a for rrl approved by the
Town Attorney. Cleveland seconded the motion and it passed (7-0). 7
Town Council Meeting Minutes of April 5, 2016 Page 1
4. Appointment to Planning and Environment Commission (PEC)
Chapin noted the interview occurred during the afternoon meeting for the final vacancies that
exists on the PEC. Bruno moved to appoint J. Brian Stockmar to serve on the PEC; Foley
seconded the motion and it passed (6-1).
5. Appointments to Vail Local Housing Authority (VLHA)
Chapin noted there seven interviews were conducted for the VLHA vacancies during the
afternoon meeting and currently there are two vacancies on the VLHA with one appointment for
a five year term (expiring May 31, 2021) and the other appointment serving out a term as a
result of an early resignation (expiring May 31, 2018). Bruno moved to appoint Mary McDougal
to fill the term until 2021 and Molly Murphy to fill the term until 2018. Moffet seconded the
motion and it passed (7-0).
6. Consent Agenda
1. Minutes from March 1, 2016 meeting
Moffet moved to approve the March 1 minutes; Foley seconded the motion and it passed (6-0;
Langmaid abstained).
2. Minutes from March 15, 2016 meeting
Moffet moved to approve the March 15 minutes; Foley seconded the motion and it passed (6-0;
Cleveland abstained).
3. Resolution No. 10, Series of 2016, A Resolution Approving an Intergovernmental Agreement
(the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding
the Construction on Infrastructure to Lower Overhead Electric Lines; and Setting Forth
Details in Regard Thereto
Moffet moved to approve Resolution No. 10, Series of 2016; Bruno seconded the motion and it
passed (7-0).
4. Resolution No. 11, Series of 2016, A Resolution Approving the Intergovernmental
Agreement (the "IGA") Between the Town of Vail and Holy Cross Energy Regarding the
Provision and Inspection of Infrastructure to Lower Overhead Electric Lines; and Setting
Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 11, Series of 2016; Bruno seconded the motion and it
passed (7-0).
5. Resolution No. 12, Series of 2016, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Vail Park and Recreation District for the Reimbursement for
the Vail Golf Course Clubhouse Construction Costs
Moffet moved to approve Resolution No. 12, Series of 2016; Bruno seconded the motion and it
passed (6-0; Foley abstained because of his role as VRD Board member).
6. Resolution No. 13, Series of 2016, A Resolution Approving an Amendment to the Lease
Agreement Between the Town of Vail and the Vail Park and Recreation District; and Setting
Forth Details in Regard Thereto
Moffet moved to approve Resolution 13; Bruno seconded the motion and it passed (6-0; Foley
abstained because of his role as VRD Board member).
7. Resolution No. 14, Series of 2016, A Resolution Approving an Amendment to the Lease
Agreement Between the Town of Vail and the Vail Valley Foundation; and Setting Forth
Details in Regard Thereto
Moffet moved to approve Resolution No. 14, Series of 2016; Bruno seconded the motion and it
passed (6-0; Mason abstained because of her position with VVF).
8. Resolution No. 15, Series of 2016, A Resolution Approving a Lease Agreement Between the
Town of Vail and Betty Ford Alpine Gardens; and Setting Forth Details in Regard Thereto
Town Council Meeting Minutes of April 5, 2016 Page 2
Moffet moved to approve Resolution No. 15; Bruno seconded the motion and it passed (6-0;
Mason abstained because of her role on the BFAG board).
7. Town Manager's Report
The 2016-2017 Council Action Plan was reviewed; Moffet moved to approve the plan; Bruno
seconded the motion and it passed (7-0).
There was an update about the berm project at Bald Mountain Townhomes. There was
discussion about some of the following items:
✓ Access to dirt, the amount of dirt requirement to complete the berm by TOV, and the use of
the dirt for other TOV projects
✓ The term of the agreement which indicates the deadline for completion of the project
✓ The costs of using CDOT 1-70 dirt for the berm project
There was an update about the ski season extension and its impact on extending town services,
i.e. bus and parking services. There was some discussion about the need to better understand
ski season closing weekends since there are many impacts to the business community when
such a last minute decision is made. It was suggested to continue working with the ski
company to better understand how this is determined and possibly suggest setting a consistent
closing date that would be honored every year.
8. License Agreement with Solar Crest Condominium Association
Presenter(s): Tom Kassmel, Town Engineer.
Background: There was a request for an approval of a license agreement to allow for an
enclosed trash/recycling structure to be located in the Town of Vail Right of Way, located at
1400 Lions Ridge Loop. The Solar Crest Condominium Association made the request to use
the Town of Vail Right of Way along Lions Ridge Loop for their trash and recycle structure.
Some of the changes noted since the last Council review of the topic were made by staff and
the applicant in order to minimize impacts within the ROW, and include;
• The structure has been reduced from -150 SF to -105 SF
• The structure is proposed to be moved from 4.5' off the edge of road to a
location 10.5' off the edge of road
• The T 111 plywood siding will be covered by an approved material
Langmaid moved to approve the License Agreement; Bruno seconded the motion. There was
council input opposing the license agreement as it would set precedence for all property owners
to extend into public right of way with further comments the elected officials' role is to make
decisions based on what is good for the entire community and not just a select number of the
community. Public input was taken at this time and Michael LeTourneau, Solar Crest property
owner and association manager, spoke about what had transpired with their trying to comply
with the new recycling requirements. There was some further discussion about how to resolve
the issue. There was no public input on the matter. Chapin asked for a vote on the motion on
the table and the motion passed (4-3).
9. 1-70 Vail Underpass Public Art Update and Award of Contract with artist Gordon
Huether
Presenter(s): Molly Eppard, AIPP Coordinator
Background: The Art in Public Places Board issued a request for qualifications for applications
that would address a public art element at the 1-70 Vail Underpass. The Board reviewed over 80
1
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applications and narrowed them to three which submitted proposals to site specific criteria. The
selection process resulted in the selection of artist Gordon Huether to create and install the
public art.
Bruno moved to Authorize the Town Manager to enter into an agreement, in a form approved by
the Town Attorney, with the artist Gordon Huether to create an art installation incorporating
required safety and screening components as approved by the Art in Public Places Board in the
existing approved public art budget within the 1-70 Vail Underpass not to exceed $330,000.
Moffet seconded the motion and it passed (7-0). There was no public input on the item.
10. Presentation on Fee in Lieu
Presenter(s): Alan J. Nazzaro, Housing Manager.
Background: He requested Town Council provide direction on the Town's target households for
fee in lieu dollars. He noted the topic is in response as follow-up to another meeting where by
council requested a discussion about how the Town of Vail calculates its annual fees in lieu
amounts for mitigation of employee housing impacts. The council packet memo presented the
Town's fees in lieu methodology, how other communities calculate their fees in lieu for their
Commercial Linkage and/or Inclusionary Zoning as well as variables the Town Council may
adjust to ensure the fees in lieu collected reflect the affordability gap for the Town's target
households.
Discussion was held on numerous topics related to the fee in lieu program
✓ current fee in lieu calculation and methodology
✓ other communities' programs and calculations
✓ pros / cons of the program
✓ the need to revisit the purpose of this program
There was consensus from council members that changes should be made in the near future in
order to be more proactive in keeping up with the need for work force housing. Zemler noted
the topics would be brought back to a joint meeting with the Vail Local Housing Authority for
further discussions.
11. Resolution No. 7, Series of 2016, A Resolution Approving an Encroachment into
an Existing View Corridor, Pursuant to Section 12-22-6, Encroachments into
Existing View Corridors, Vail Town Code, to Allow for the Encroachment of an
Addition to Villa Valhalla Building into View Point #5, Located at 384 Gore Creek
Drive, Unit 10/Lot J, Block 5A, Vail Village Filing
Presenter(s): Jonathan Spence, Planner.
Background: The applicant is requesting the review for an encroachment into an existing view
corridor to allow for a 250 square foot residential dormer addition to Unit 10 of the Villa Valhalla
Building. It was noted on February 8, 2016, the Planning and Environmental Commission (PEC)
recommended the Vail Town Council deny the proposed View Corridor Encroachment for an
addition to Unit 10 of the Villa Valhalla Building with a vote of 5-1-0.
Chapin noted a site visit was conducted earlier in the day to the location. Spence reviewed the
process involved and action required when considering the resolution, as the following:
1) amendment process changes the view corridor
2) the encroachment process allows an encroachment into the corridor, and if the building
were to be developed, the encroachment would no longer be valid
Town Council Meeting Minutes of April 5, 2016 Page 4
Bill Pierce, Pierce Architects, represented the applicant with a presentation of their request to
expand the unit to accommodate their needs. There were no questions for the applicant and
the public hearing was opened. Art Carroll, 385 Gore Creek Drive, requested council support
protecting the view corridor. There was Council consensus in dissatisfaction that the view
corridor was disturbed in the first place by the construction of the Founders Garage. No other
pubic comment was given at this time.
Cleveland moved to deny the request for the encroachment of an addition to the Villa Valhalla
Building into View Point #5, 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, the Vail Town Council finds:
1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code,
would preclude a reasonable development of a proposed structure on the applicant's land.
2. That the development of the structure proposed by the applicant would be such as to defeat
the purposes of this chapter.
3. That the development proposed by the applicant would be detrimental to the enjoyment of
public pedestrian areas, public ways, public spaces, or public views.
4. That the development proposed by the applicant does comply with applicable elements of the
Vail land use plan, town policies, urban design guide plans, and other adapted master plans.
5. That the proposed structure will diminish the integrity or quality nor compromise the original
purpose of the preserved view. Bruno seconded the motion. Moffet noted he did tour the site at
an earlier time and Foley noted he did not support the motion and also commented on the street
lamp that was installed in that area. The motion passed (6-1).
12. First reading of Ordinance No. 7, Series of 2016, An Ordinance to Amend Section
11-7-15, Ski Base Area Signs of the Vail Town Code in Order to Allow Advertising
of On -Mountain Recreational Activities, and Setting Forth Details in Regard
Thereto
Presenter(s): Brian Garner, Planner.
Background: On September 27, 2010 the Planning and Environmental Commission
recommended approval of proposed Prescribed Regulations Amendments to the Vail Town
Council and was subsequently approved by Town Council. Unforeseen in 2010 was the need to
advertise on -mountain recreational activities that didn't exist at that time and as a result, the
advertising of all "commercial uses" was prohibited. Today with the impending launch of Epic
Discovery this summer, Vail Resorts has identified a desire to advertise the recreational
activities available on the mountain.
Dominic Mauriello, Mauriello Planning Group and representing Vail Resorts, Inc. presented the
request for the code amendment related to ski base area signage. After some discussion there
was council consensus to include more restrictive language that would address "corporate
brandings and signage" in the code. There were some concerns about occurrences in the past
where too much signage allowed one private company would be viewed as unfair to other
businesses in the community. Moffet moved to approve Ordinance No. 7, Series of 2016, an
Ordinance to Amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in Order to
Allow Advertising of On -Mountain Recreational Activities, and Setting Forth Details in Regard
Thereto, with the condition that additional language be drafted for second reading that would
address "corporate brandings" in the code. Cleveland seconded the motion and it passed (6-1).
Town Council Meeting Minutes of April 5, 2016 Page 5
13. Ordinance No. 8, Series 2016, First Reading, An Ordinance Making Adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax
Fund, Heavy Equipment Fund, and Dispatch Services Fund
Presenter(s): Carlie Smith, Budget Analyst
There were several questions asked about the ordinance and supplemental budget memo
details. Some highlights of the memo and discussion included:
2015 RESULTS
• total revenue of $68.9 million is up 6.5% from 2014 mainly due to increases in sales tax
collections, construction activity, reimbursement from the Vail Reinvestment Authority for
capital projects completed within the district and lift tax collections during the year.
• Sales tax collections reached $25.1 million for the first time, a 5.25% increase over 2014.
■ Real estate transfer tax collections in 2015 of $7.0 million increased 1.7% from prior year.
• Ski Lift tax collections of $4.8 million were up 9.5% from prior year
• Parking revenue of $4.9 million has increased by 9.3% compared to 2014
• 2015 net expenditures totaled $53 million compared to $78.6 million budgeted.
2016 SUPPLEMENTAL
General Fund
General Fund expenditures are proposed to increase by $196,031:
❑ A total of $121,700 approved by Council for special event activation for the final weekend of
the winter season
❑ $4,500 use of Library grant funds to be used to purchase books, audio visual materials, and
other electronic and educational resources.
❑ $9,000 for a guest parking survey.
❑ $23,000 of funding for the Sister City Exchange Program visits with San Miguel de Allende.
❑ $25,000 of funding for the Town's 50th anniversary celebration.
The above adjustments to the General Fund 2016 budget resulted in an estimated fund balance
of $23.7 million by the end of 2016, or 64% of annual revenues.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues increased by a total of $1,130,698, a majority of which ($1.12M) due to the
early repayment of the loan from the Vail Valley Foundation relating to the Amphitheater
renovation project completed in 2014. Staff requested to supplement 2016 expenditures by a
total of $11.9 million, $11.4 million of which relates to projects budgeted in 2015 but not yet
completed such as the Vail Golf and Nordic Center, Donovan Park redevelopment, Booth Creek
Park redevelopment, and completion of the skate park in the Lionshead parking structure and
continued streambank and water quality improvements. Council approved on March 1, 2016,
additional sources of funding of $651,241 will be allocated to the Vail Golf and Nordic
Clubhouse remodel project. Staff requested to utilize 2015 savings for the following newly
identified projects:
❑ $15,000 for the Noxious Weed Management Program as described in a memo provided to
council on March 15th.
❑ $68,500 to expand environmental programs, recycling incentives, and public environmental
education.
There was some discussion about the expenditure identified above. Kristen Bertuglia was
present to explain the programming expenditures. There was council input about whether there
was a need to expand this programming to that extent and expense. There was also a request
Town Council Meeting Minutes of April 5, 2016 Page 6
for a review of the remodeling of trash enclosures and brief discussion about the request for
funding from the Rocky Mountain Climate organization. .
Capital Projects Fund
Budgeted revenue adjusted by a total increase of $276,603 to be offset by corresponding
expenditures. Staff requested to supplement 2016 expenditures by a total of $10.0 million, of
which $7.7 million represents projects budgeted in 2015 but not yet completed such as the
Guest Service Enhancements/Wayfinding project, Chamonix Housing Development
infrastructure, 1-70 Underpass project, a Municipal Complex redevelopment, hybrid bus battery
replacement, replacement of a generator at the Vail Village Parking Structure, continuation of
Neighborhood Road and Bridge reconstruction projects, renovation of the East Vail Fire station
and energy enhancement programs. The Buy -Down Program budget for net new employee
housing is adjusted annually to reflect revenue generated from Employee Housing Fee -in Lieu
fees paid the prior year. During 2015, the town collected $1.9M in fees -in -lieu, so a
corresponding increase to the Buy -Down Program expenditure budget is included in this
supplemental request to track the available funds for that program.
Staff requested to utilize 2015 savings for the following newly identified projects:
❑ $16,000 for parking structure cameras to improve parking gate security. Additional funding
requests include the following:
r] $65K of funding for the "Resort App" mobile application as approved by council on March 15
Moffet moved to approve Ordinance No. 8, Series 2016, First Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax
Fund, Heavy Equipment Fund, and Dispatch Services Fund on first reading. Foley seconded
the motion. Public input was requested at this time and Nick Courtens representing BFAG
requested reconsideration for completing the paver project. The motion passed (6-1). Mason
opposed the ordinance; she supported the inclusion of the construction project to replace the
pavers.
14. Ordinance No. 5, Series of 2016, Second Reading, An Ordinance Amending
Ordinance No. 5, Series of 2008, in Accordance with Section 12-9A-10,
Amendment Procedures, Vail Town Code, to Allow for a Major Amendment to
Special Development District No. 4, Vail Cascade Subdivision; and to Amend and
Re -Establish the Approved Development Standards for Area A, Cascade Village to
Allow for the Development of a Mixed Use Development, Located at 1300
Westhaven Drive; and Setting Forth Details in Regard Thereto
Presenter(s): Chris Neubecker, Planning Manager
BACKGROUND: The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning
Group, is requesting a major amendment to a Special Development District No. 4, Cascade
Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of
2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel
rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building,
located at 1300 Westhaven Drive/Cascade Village. (PEC160002)
Moffet noted a conflict of interest and recused himself leaving the room at 9:10 pm. The
applicant Vail Hotel Partners was represented by Dominic Mauriello who recapped the changes
making up the major amendments to the Special Development District No. 4, as follows:
• Reduce the number of accommodation units by (7) accommodation units (292
Town Council Meeting Minutes of April 5, 2016
Page 7
units to 285 units), for a total reduction of 2,023 sq. ft.
• Creation of a new fitness center inside the hotel
• Creation of a new spa within the hotel
• Creation of a new salon within the hotel
• Creation of larger hotel rooms by combining some rooms
• Installation of a new porte-cochere (covered vehicle entrance)
• Changes to the terrace on the rear of the hotel building
Bruno moved to approve Ordinance No. 5, Series of 2016, Second Reading, An Ordinance
Amending Ordinance No. 5, Series of 2008, in Accordance with Section 12-9A-10, Amendment
Procedures, Vail Town Code, to Allow for a Major Amendment to Special Development District
No. 4, Vail Cascade Subdivision; and to Amend and Re -Establish the Approved Development
Standards for Area A, Cascade Village to Allow for the Development of a Mixed Use
Development, Located at 1300 Westhaven Drive; and Setting Forth Details in Regard Thereto.
Langmaid seconded the motion. There were concerns expressed by Cleveland that the town
did not seek specific benefits for allowing a decrease in the number units proposed in the
remodel. He further expressed concern there would be no mid range priced accommodations in
Vail and for that reason the town should have identified what might be a compromise to the
proposal. And finally he raised some concern about the conditional use permit to convert the
tennis court to enclosed parking area and why the change on the plat for area D was not noted.
The motion passed (6-0; Moffet recused). Moffet joined the meeting at this time 9:35 p.m.
15. Ordinance No. 1, Series of 2016, Second Reading, An Ordinance Amending the
Definition of Short -Term Rental in the Vail Town Code
Presenter(s): Brian Garner, Planner
Background: The Town's codifier identified the discrepancy in the current definitions and
brought this to the attention of the Town Attorney. An amendment of the regulations of Title 12
may be initiated by the Town Council on its own motion, by the Planning and Environmental
Commission on its own motion, by petition of any resident or property owner in the town, or by
the administrator, in accordance with the Vail Town Code. On February 22, 2015 the Planning
and Environmental Commission held a public hearing on this item and voted 5-0 to make a
recommendation to the Vail Town Council for approval of the attached ordinance.
Moffet moved to approve Ordinance No. 1, Series of 2016 on second reading; Foley seconded
the motion and it passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting and Moffet seconded the motion which passed (6-0) and the meeting adjourned at 9:40
p.m.
Attest:
�- n�
Patty cKe ny, To
Re ectfully Sub ittec,
Dave Cha yin, Mayo
Town Council Meeting Minutes of April 5, 2016 Page 8