HomeMy WebLinkAbout2016-06-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 7, 2016
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:10 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, Town Clerk
1. Citizen Participation
Mike Cacioppo shared that he is running for State House Representative for District 26. He
commented on several topics, 1) the caucus system and Colorado delegate process, 2) the
process for selecting judicial judges.
Karl Fauland, resident on Geneva Drive, Matterhorn neighborhood, shared neighborhood
concerns about the conditions that exist in various locations; he presented slides that
depicted possible code violations. He requested assistance in helping to clean up the area
noting that some of the properties may not be in compliance with town codes, showing the
slides that depicted excessive trash, large dumpsters, old vehicles, improper parking, illegal
fences, hot tubs.
2. Appointments for Boards and Commissions
2.1. Vail Local (Liquor) Licensing Authority Appointments
Mayor Chapin recused himself from the appointment process noting a conflict of interest.
Bruno moved to appoint Craig Arseneau and Michael Hannigan to the VLLA to terms
ending June 2018; Foley seconded the motion and it passed (7-0).
3. Consent Agenda
3.1. Resolution No. 22, Series of 2016, Fee in Lieu is one of a number of "methodologies" of
mitigation of the employee housing requirement cited in Town Code for Commercial
Linkage (Section 12-23-6) and Inclusionary Zoning (Section 12-24-6).
Background: In accordance with Vail Town Code Sections 12-23-6 and 12- 24-6 the fee in
lieu for each employee to be housed and for each square foot of employee housing required
shall be established annually by resolution of the Vail Town Council.
Bruno moved to approve Resolution No. 22; Langmaid seconded the motion which failed
with no supporting votes. There was discussion about the need to adjust the formula as it is
Town Council Meeting Minutes of June 7, 2016 Page 1
too low. Cleveland moved to table Resolution No. 22 until further review would be made of
the formula; Foley seconded the motion and it passed (7-0).
3.2. Resolution No. 23, Series of 2016, A Resolution of the Vail Town Council Establishing
Fees for Permits and for Fire Protection Services Outside of the Town's Boundaries
Background: Resolution No. 23, Series of 2016, amends the current fee structure for fire
department response to properties outside the municipal limits of the Town of Vail. These
changes are based upon Town Council direction.
Bruno moved to approve Resolution No. 23; Foley seconded the motion and it passed (7-0).
Fire Chief Novak explained the fee calculation for the permits per the exhibit and noted the
State could be conducting the review of the fire sprinkler component of plans.
3.3. Release of a deed restriction from an existing employee housing unit located at Lot A,
of SDD#34 also known as 1631 Buffehr Creek Road Background: A request for the release
of a deed restriction from existing employee housing unit located at Lot A, of SDD#34 also
known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 837 square
feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange
Program, Vail Town Code.
Moffet move to "The Vail Town Council authorizes the Town Manager to execute a deed
restriction release and approves the request for an exchange of an employee housing unit,
pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to
allow for the release of an employee housing unit deed restriction at Lot A, of SDD#34 also
known as 1631 Buffehr Creek Road, in exchange for a fee in lieu payment for 1674 square feet,
and setting forth details in regard thereto." Bruno seconded the motion and it passed (7-0).
There was a request to change this law immediately as there are unintended consequences
with the current formula.
4. Town Manager Report
There were no items reported on at this time.
S. Presentations / Discussion
5.1. KAABOO Festival Staff Update
Presenter(s): Town Staff
Background: VVF and KAABOO representatives presented information about their proposal
to bring "KAABOO — a music experience" to Vail at the April 5 and May 17 town council
meetings. On May 22nd they announced a change to the venue to exclude the Ford Park
lower bench area amid concerns from Betty Ford Alpine Gardens and TOV. They also held
two public meetings on May 26th for the community at large
Jen mason recused herself from the discussion due to conflict of interest since her
employer is the Vail Valley Foundation. Zemler presented some highlights related to staff
considerations (outlined in the packet memo) as follows:
✓ The event permitting process
✓ Impacts from production schedule
✓ Impacts from event attendance
✓ Impacts on parking / transportation
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✓ Impacts on town assets
✓ Impacts on economy
✓ Vail Brand
✓ Impacts on current events calenda
✓ Impacts to Ford Park user groups
✓ Input receives on the topic to date as mixed
✓ Process by VRD and TOV for future pubic hearings
The following considerations were proposed by staff as well:
1. TOV receives a fully -prepared permit application from KAABOO/VVF.
2. TOV and VRD conduct a thorough analysis on the proposed use of the turf at Ford Park and
the soccer field from appropriate experts.
3. Town Council and VRD hold a public meeting July 14 when residents have returned.
4. If the VVF requests funding from the TOV during the 2017 budget process, the budget
adoption does not occur until November of 2016.
There was public input as follows:
Matt Morgan, Restaurant owner (Sweet Basil and Mountain Standard) supported trying to
continue working through the challenges and thinks the event would align well with the
Vail brand.
Mike Imhoff, VVF, spoke about the public input process which would include more
opportunities and spoke about the KABOO operations plan that would address the
impacts and challenges.
Brian Gordon, KABOO event promoter, thanked the town council and the community for
its input on the event and addressed such as the brand, the event components, the
impacts of the event and their effort to mitigate and minimize the risk of the impacts.
Chapin noted the town staff, VVF and promoter would continue to review the proposal and
no final decision would be made until
5.2. East Vail Water Quality Projects
Presenter(s): Chad Salli, Project Engineer
Action Requested of Council: Input and Direction
Background: The Town received a CDOT grant for water quality improvements at three
sites in East Vail along 1-70, two at MM 182 and the largest one at the East Vail interchange
at MM 180. The design team is kicking off the projects with public input and a review of the
project goals and design direction.
Staff Recommendation: Provide staff with input and affirmation of the design direction
Salli noted the purpose of this discussion is to update the Town Council in regards to the
landscape and water quality improvements project at the East Vail interchange. The Gore Creek
Water Quality Improvement Plan identifies the need for water quality improvements in East Vail
as a result of highway runoff from 1-70 and 1-70 Frontage Roads. The two largest priority
improvements include water quality facilities at the 1-70 East Vail MM 180 interchange and along
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Gore Creek at 1-70 MM 182 near the Gore Creek campground overpass. The process and
schedule::
■ June 7, 2016 Public Open House & Town Council Update
■ July * Conceptual Design Public Open House
■ July 19, 2016* Town Council: Design Concept Review
■ July 20, 2016* Design Review Board
■ Aug. -Oct. 2016* Preliminary Design
■ Nov. — Feb. 2017* Final Design
■ May -Nov. 2017* Construction
Council comments about the project were provided and included such suggestions as:
➢ prefers a more native look than more manicured
➢ keep the purpose in mind that it is a water quality project primarily
6. Action Items
6.1. Ordinance No. 9, Series of 2016, First Reading, An Ordinance Amending Chapter 4 of
Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric
Assisted Bicycles on Bicycle and Pedestrian Paths in the Town
Presenter(s): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 9,
Series of 2016 upon first reading
Background: The Vail Town Council directed staff to prepare an ordinance for a trial period
for the remainder of 2016 to allow a -bikes on Town of Vail paths.
Moffet moved to approve Ordinance No. 9, First Reading, An Ordinance Amending Chapter
4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric
Assisted Bicycles on Bicycle and Pedestrian Paths in the Town with a request to review the
impacts of the 750 vs. 500 wattage bicycles and report on its differences and impacts at the
next meeting. Bruno seconded the motion and it passed (7-0). There was consensus
about the ordinance language to review the legislation and the use of the electric bikes in
six months to see if it is working in the community.
6.2. Ordinance No. 11, Series of 2016, First reading, An ordinance repealing and reenacting
Ordinance No. 11, Series 2014, which adopted the approved development plan for Phase III
of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor
area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501
and 502 (Vail Village Inn, Phase III) /Lot O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto.
Presenter(s): Jonathan Spence, Town Planner
Action Requested of Council: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 11, Series of 2016, upon first reading.
Background: The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is
requesting a recommendation to the Vail Town Council on a revision to a major amendment
Town Council Meeting Minutes of June 7, 2016 Page 4
to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor
area and a change in project scope to facilitate additions to existing dwelling units, located
at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3).
Staff Recommendation: The Planning and Environmental Commission forwarded a
recommendation of approval on a revision to a major amendment to SDD No. 6, Vail Village Inn
on May 9, 2016 with a vote of 3-1-0, (Rediker opposed)
Moffet moved to approve Ordinance No. 11, Series Of 2016, an ordinance repealing and
reenacting the approved development plan for Phase III of Special Development District No. 6,
Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for an increase in gross residential floor area to facilitate additions to existing dwelling
units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block
5D, Vail Village Filing 1, and setting forth details in regard thereto." Bruno seconded the motion
and it passed (7-0). The conditions and finding outlined in the memo were applied to this
decision. There was no public input on this topic.
6.3. Request to Award Construction Contract for Renovation of the East Vail Fire Station.
Presenter(s): John King, Facilities Manager, Mark Novak, Fire Chief
Action Requested of Council: Authorize the Town Manger to enter into a construction
contract with MW Golden for the renovation of the East Vail Fire Station
Background: In January of 2016, Council approved completion of construction documents
for the renovation of the East Vail Fire Station as well as the release of an RFP for
preconstruction services. Construction documents have been completed, and the building
permit is ready to be issued. The next step to move this project forward is to award the
construction contract.
The project consists of the following components:
1. Addition of 1770 square feet of new building space. In the current configuration, fire
apparatus are parked within inches of the back wall and front door.
2. Addition of a new Employee Housing Unit (EHU) and renovation of the existing EHU.
Employees who hold "critical" positions will be given priority when leasing these units.
3. Creation of a separate entry for the EHUs.
4. Abandoning the existing driveway and creating a new driveway on the opposite side of the
building.
5. Replacing the existing emergency generator and creating an exterior enclosure for the
emergency generator.
6. Mitigation of existing snow removal and ice accumulation problems on the front apron.
7. Removal of street -side parking spaces
8. Installation of storm -water treatment system
Proposed project schedule
• Contract awarded June 2016
• Construction initiated June 2016
• Apparatus bays/duty quarters completed October -November 2016
• EHU's/office space completed December 2016/January 2017
Town Council Meeting Minutes of June 7, 2016 Page 5
Staff Recommendation: Authorize the Town Manger to enter into a construction contract
with MW Golden for renovation of the East Vail Fire Station.
Moffet moved to authorize the Town Manager to enter into a contract for construction services
at the East Vail Fire Station for the amount of, and not to exceed, $3,274,229, and include in the
in the July 2016 budget supplemental $1,950,000 for the renovation of the East Vail Fire Station
and $543,000 to renovate one EHU and to construct one additional EHU using funds from the
Housing Fund. Bruno seconded the motion and it passed (6-1; Cleveland — no). .
7. Public Hearings
7.1. Ordinance No. 13, Series of 2016, An Emergency Ordinance Adopting a Temporary
Moratorium on Accepting Fee -In -Lieu Payments in Exchange for Release of a Deed
Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing
Mitigation Requirements
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, approve with modifications or deny Ordinance No.
13, Series of 2016, as read
Background: On May 17, 2016, the Vail Town Council held a joint work session with the Vail
Local Housing Authority to discuss possible next steps with regard to establishing an
updated fee in lieu policy. During the work session the idea of establishing a moratorium on
the acceptance of fee in lieu as a method of mitigation was briefly discussed. Following
discussion, the Vail Town Council instructed staff to return at the next public hearing with an
ordinance proposing a moratorium on the acceptance of fee in lieu for a temporary period.
Staff Recommendation: The Community Development Department recommends the Vail
Town Council denies Ordinance No. 13, Series of 2016. Please see the staff memorandum
to the Vail Town Council dated June 7, 2016 for more detail.
Chapin opened the public hearing at this time. Ruther presented some of the objectives the
legislation was written to achieve as follows:
1. Establishes a temporary moratorium on the acceptance of fee in lieu as a method of
mitigation for ehu exchange requests and employee housing mitigation requirements of
more than 438 square feet in size or one employee or greater from June 8, 2016 to
December 6, 2016, unless repealed or extended.
2. Restricts the Town from accepting or processing any applications requesting the use of fee
in lieu as a method of mitigation of an employee housing requirement of more than 438
square feet in size or one employee or greater from June 8, 2016 to December 6, 2016,
unless repealed or extended.
3. Affords the community additional time to gather information and investigate, evaluate and
update the options for amending the Vail Town Code to further regulate or prohibit fees -in -
lieu of payments authorized under Code Sections 12- 13-5(D), 12-23 and 12-24.
Public input was heard from Dean Cole who expressed interest in the topic because he is an
owner's representative on a project that would be affected by the legislation.
Moffet moved to approve Ordinance No. 13, Series of 2016, An Emergency Ordinance
Adopting a Temporary Moratorium on Accepting Fee -In -Lieu Payments in Exchange for
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Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy
Employee Housing Mitigation Requirements. Cleveland seconded the motion and it passed
(7-0).
7.2. Ordinance No. 10, Series of 2016, Second Reading, An Ordinance Amending Chapter
7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the
Town's Provision of Fire Protection Services to Properties Located Outside Town
Boundaries
Presenter(s): Mark Novak, Fire Chief
Action Requested of Council: Approve, deny or modify Ordinance No. 10 Series of 2016 on
second reading.
Background: Ordinance No. 10, Series of 2016 modifies Chapter 7 of Title 5 of the Vail
Town Code to clarify certain provisions regarding fire department response to properties
outside the Town of Vail municipal limits.
Staff Recommendation: Approve Ordinance No. 10, Series of 2016 on second reading.
Moffet moved to approve Ordinance No. 10, Series of 2016, Second Reading, An
Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for
Costs Associated with the Town's Provision of Fire Protection Services to Properties
Located Outside Town Boundaries. Cleveland seconded the motion and it passed (7-0).
It was noted the ordinance was written to help provide better clarity to language and support
enforcement efforts; there was a request to change "shall to may".
There being no further business to come before the council, Foley moved to adjourn the
meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at
8:15 p.m.
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