HomeMy WebLinkAbout2016-03-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 15, 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
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Members absent: Dick Cleveland
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item of business was Citizen Participation with several comments made as follows:
■ Several Bald Mountain Townhome's property owners were present, Penny Wilson, Reggie
O'Brien, to request the town's support in finishing the berm project to help reduce noise in
that neighborhood.
■ Paul Rondeau, Vail resident, welcomed new council members thanking them for a wonderful
annual community meeting. He then expressed concern about the overages related to the
Golf and Nordic Clubhouse and suggested the town respond to comments written in the Vail
Daily news article. There was some information presented by council members about the
overages with a reminder that part of them were related to litigation with some of the area
property owners.
■ Taylor Gardarian, Eagle -Vail resident, expressed great support for the community and
getting involved.
The second item of business was the Consent Agenda as follows:
1. Resolution No. 8, Series of 2016, Resolution approving Intergovernmental Agreement (the
"IGA") between the Town of Vail and Eagle River Water and Sanitation District regarding the
Design of the Bridge Road Sanitary Sewer Relocation; and setting forth details in regard
thereto.
Moffet moved to approve Resolution No. 8; Bruno seconded the motion and it passed (6-0).
2. Booth Creek Park Award Contract for the fabrication and installation of artistic playground
components.
Moffet moved to direct the Town Manager to enter into a contract with Chevo Studios in the
amount of $82,898 for the fabrication and installation of artistic playground components at Booth
Creek Park; Bruno seconded the motion and it passed (6-0).
3. Booth Creek Park/Golden Peak Sport Courts Award Contract for the construction of the
pickleball courts at Golden Peak and the tennis courts at Booth Creek Park.
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Moffet moved to direct the Town Manager to enter into a construction contract with Renner
Sports in the amount of $395,082 for the construction of the pickleball courts at Golden Peak
and the tennis courts at Booth Creek Park; Bruno seconded the motion and it passed (6-0).
Staff noted the courts have been moved several feet away from the creek in answer to some
Council concerns.
The third item of business was Appointments to Art in Public Places Board (AIPP) and to
Planning and Environmental Commission. Moffet moved to appoint Ludwig Kurz, Henry Pratt
and John Rediker to the PEC; Foley seconded the motion and it passed (6-0). Moffet moved to
appoint Patricia Donovan, Julie Hansen, Nancy Lassetter, Bill Pierce, Kara Woods and Amanda
Zinn to the AIPP Board; Bruno seconded the motion and it passed (6-0). Foley thanked Cookie
Flaum and Kathy Langenwalter for their many years of service on the AIPP and to the Vail
community; they are grateful!
The fourth item of business was a CDOT 1-70 Projects Overview presented by Karen
Berdoulay, CDOT Region 3 Resident Engineer, who spoke about the upcoming 2016 CDOT
1-70 Projects in Eagle County, Region 3 as follows:
19094 —Vail Underpass (1-70 174.5-175.5)
Construction Activities
■ Construct new bridges on EB and WB 1-70
■ Add additional 1-70 underpass near milepost 175, connecting North and South Frontage Roads
■ Project will not add additional 1-70 exits/interchanges into the Town of Vail
19490 — Vail Chain Station (1-70 MM 178-179)
• Construction activities
■ Construction of a new wall and expansion of the existing Chain -up station on EB 1-70 approx. 1500
feet.
• Replacement of existing lighting in the chain up station with new LED lighting.
■ New lighting in the chain down station on WB 1-70, directly across the highway from the chain up
station.
19395 — Lake Creek Bridge (US 6 MM 165.1)
■ Construction activities
• Replacement of the existing bridge (from 1942) on US-6 approx. 1 mile west of Edwards
18266 — Cross Creek Culvert
■ Construction activities
■ Replacement of the existing CMP under US-24 with a concrete box culvert on Cross creek near cross
creek road that goes to Maloit park.
■ Road surface will be widened with a turn lane to access Cross Creek Road.
17778 — Wildlife fence (1-70 131-140 and 165.8-171.4)
■ Construction activities
■ Installation of deer fence and game ramps between Dotsero and Gypsum as well as between Avon
and Dowd Junction.
18159 — Eagle -Vail Bridges (1-70 MP 168.2-169.2)
■ Construction activities
■ Bridge rehabilitation, deck repairs on the WB bridge
20582 — Vail Pass Barrier Project (1-70 MP 180-186)
• Construction activities
• Replacement of substandard Bridge rail on 1-70 from MP 180 to 186 on EB and WB.
• Replacement of substandard concrete barrier on 1-70 from MP 180 to 186 on EB and WB.
20287 — Eagle and Summit Bridge Joint (1-70 Vail Pass)
• Construction activities
• Replacement of Bridge joints on 1-70 on Vail Pass in both EB and WB.
• Only 2 structures are remaining, both at the bottom of Vail Pass in the WB direction
Town Council Meeting Minutes of March 15, 2016 Page 2
There was some discussion about the following:
✓ Bald Mountain Berm Project
✓ Traffic calming and construction zone traffic calming and signage, VMS signage
✓ Status of the lawsuit for the acquisition of the right of ways needed for the project
The fifth item on the agenda was the Resolution No. 9, Series of 2016, A Resolution 3/15/2016
Adopting the Restore the Gore Strategic Plan to Restore Gore Creek Water Quality Resulting in
the Removal of Gore Creek From the Colorado Department of Public Health and Environment
Water Quality Control Division 303(d) List of Impaired Waters, and Setting Forth Details in
Regard Thereto, as presented by Kristen Bertuglia, Environmental Sustainability Manager.
It was noted at the March 1 st meeting of the Vail Town Council, staff presented the strategic
plan implementation approach and the high priority action list as elements of the Plan which was
created to try to address the lack of aquatic life in the Gore Creek, now identified on the 303(d)
list of impaired waters. Bertuglia noted there were no contextual changes to the Plan and
recommendations were made related to implementation. There were thanks extended to all
involved in the process. She highlighted the timeline table below:
Bertuglia addressed the implementation approach of the plan as outlined in the memo:
■ strategic plan is a five-year plan
■ work includes partner organizations and the Planning and Environmental Commission
■ a series of high priority action items will help guide the sequencing of activities going forward
■ Action items were selected based on their high level of relative effectiveness and feasibility
■ Timeline includes:
1. Prioritize 2016 action items within High Priority Action Items list
2. Develop 2016 Plan and Budget
3. Conduct Annual ReviewNear End Results
4. Develop 2017 Plan and Budget
Council feedback was given about the following topics:
✓ Condition of the storm water vaults, which were noted as in good condition
✓ Need to see success and measure the success of funding spent on outreach, marketing and
education
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✓ The impacts of the town's snow dump, which was noted as having high impacts but actions
to mitigate the problems were identified and immediate.
✓ It was noted Vermillion has been contracted to assist monitoring the progress and success
of the plan
✓ Interest in better identifying the measurement of success of the plan and the return on the
investment (in light of the proposed budget estimate to implement)
✓ The need (or not) for adding another employee to oversee the program; it was clarified the
position is temporary for two years only
✓ How this program aligns with the noxious weed management program and is there nexus for
the new position to oversee both
✓ Important to realize this plan is also meant to help change the "culture" of how we view our
environment
✓ What is the real role of Eagle River Water and Sanitation District
Bertuglia also reviewed the proposed budget which was estimated at $7M to be spent over five
years. Public input was requested at this time.
■ Shawn Bruckman, Vail resident, shared her support of the plan and encourage there be a
thoughtful approach to the marketing and education components
■ Eric Perkins, Vail resident, spoke about his continued concerns showing some photos of
snow dumping on the banks of the Gore Creek.
■ Taylor Guardarian, Eagle -Vail resident, expressed support to continue to maximize
environmental benefits with the adoption of the project
Chapin noted the council was in receipt of a letter from ERWSD, Rick Sackbauer, Chairman,
supporting the strategic action plan. There were some further comments made by Council
members who generally supported the plan, but concerns remained about the plan as too
extravagant, too much too fast, and how the programs will be measured to have been
successful or not. The storm water component was definitely seen as a priority action item as
well as the need for periodic updating to the Council about results. Bruno moved to approve
Resolution No. 9, Series of 2016, A Resolution 3/15/2016 Adopting the Restore the Gore
Strategic Plan; Foley seconded the motion and it passed (5-1; Moffet nay). It was noted the
Resolution did include adopting a budget for this programming. It was suggested to staff to also
contact the State of Colorado since they should also be involved with providing some assistance
in implementing the plan. There are many impacts on the river by interstate runoff of mag
chloride.
The sixth item of business was consideration of the 2016 Ford Park Summer Managed Parking
Program presented by Greg Hall, Director of Public Works and Transportation. He noted each
spring the summer activities and events calendar is reviewed by the Ford Park User Groups,
including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation
(Gerald R. Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains
Science Center (as operators of the Vail Nature Center). The group proposed summer dates
per the 2016 calendar when the managed and paid parking program is implemented throughout
the summer. Hall spoke about the number of additional days as 7 day compared to prior year,
all of which are in June and implemented as paid because of the demand created by the
volleyball and lacrosse tournaments. There was positive feedback from the user groups about
the changes implemented last year, i.e. the ability to reserve portions of the parking lot for
users. There were actually very few complaints with the program last year and the valet service
was very successful in assisting with the management of the lot during evening events. There
was some discussion about whether there is a need to include paid parking throughout the
Town Council Meeting Minutes of March 15, 2016 Page 4
summer and it was suggested the user groups explore this for summer 2017. Suggestions were
made to include some better signage that would address express bus hours and paid dates.
Moffet moved to approve the 2016 Summer Managed Parking Program Calendar; Foley
seconded the motion and it passed (6-0)
The seventh item on the agenda was Town Manager's Report at which time he presented the
Council Priorities and Action Plan information about vision, missions and focus area goals; he
asked for feedback from council on the plan. He also noted the community survey was mailed.
The eighth item on the agenda was Ordinance No. 1, Series of 2016, First Reading, An
Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code presented by
Chris Neubecker. It was noted the Town's codifier identified the discrepancy in the current
definitions and brought this to the attention of the Town Attorney last year. 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; Bruno seconded the motion and it passed (6-0).
The definition now includes a short term rental shall be deemed for a period not exceeding 30
days.
The ninth item of business was Ordinance No. 5, Series of 2016, First 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.
Chris Neubecker, Planning Manager, presented this item noting 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).
In summary it was noted the following changes to the Vail Cascade Resort & Spa within SDD
No. 4 are as follows:
■ Reduce the number of accommodation units by (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
■ 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
The presentation included a review of several site diagrams. There was some discussion about
each of the changes identified above. Dominic Mauriello, Mauriello Planning Group,
representing the hotel owner, presented the application. Phil Seibert, Lauris Corporation,
addressed the Council with information about their purchase and plans for a $30M
Town Council Meeting Minutes of March 15, 2016 Page 5
redevelopment of the property. He spoke about their company, their mission to purchase
resorts and larger hotels, their interest in creating a venue for national conferences, the role
Starwood plays with the property, the high level guest experience they want to create, and how
he sees the property complimenting the other hotels in Vail. Mauriello presented the SDD
amendments to the special district plan and noted the following:
❖ there are major upgrades to the hotel, including major interior renovations
❖ the property standards will align with the Starwood Luxury Collection, the new operator of
the Cascade Hotel and Resort
❖ the number of accommodation units would be reduced but would also bring a higher
average daily rate
❖ the addition of the Starwood brand will bring a new lodging franchise to Vail and also allow
members of Starwood's Preferred Guest program to use their points in Vail
❖ the new owners are also seeking to expand the use of the Cascade Hotel and Resort for
more events and conferences
At this time, Moffet stated he had a conflict of interest on this agenda item and recused himself
by leaving the council chambers (8:15 p.m.). After the presentation, there was a question about
the tennis courts; there were no plans to replace the tennis courts. Public input was invited and
Taylor Gardarian asked if there would be any improvements made to the ski lift; there were not
going to be any improvements. Foley moved to approve Ordinance No. 5, Series of 2016, First
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, with a condition that the proposed pool would be reviewed and approved by PEC.
Bruno seconded the motion and it passed (5-0; Moffet recused).
The tenth item of business was Ordinance No. 4, Series of 2016, Second Reading, 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. This ordinance was drafted to help resolve some issues related to an
annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single
development site) which have been deemed Legal Nonconforming by the Vail Town Code due
to not meeting the minimum lot size for 2 dwelling units. 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. Community Development Director George Ruther spoke
about the item noting there were no changes from first reading. Moffet moved to approve
Ordinance No. 4, Series of 2016; Bruno seconded the motion and it passed (6-0). There was
not any public input on the matter.
Town Council Meeting Minutes of March 15, 2016 Page 61
The eleventh item on the agenda was adjournment. 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 8:30 p.m.
Attest:
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Fatty cKe ny, T Irk
Res ectf Ily Submitte
Waveepin, Ma
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Town Council Meeting Minutes of March 15, 2016 Page 7