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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 Town Council Meeting Minutes of April 5, 2016 Page 3 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