HomeMy WebLinkAbout2017-12-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 5, 2017
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 Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Jeannie McQueeney, Eagle County Commissioner, thanked vail town council for their support of
the mental health ballot question and presented a poster that would support the effort.
2. Proclamations
2.1. Proclamation No. 8, Series of 2017, Proclamation Declaring December 8, 2017 as "WhoVail
Day"!
Presenter(s): Dave Chapin, Mayor
Vail Town Council read the proclamation to the audience and thanked the Four Seasons for
their promotion of the holiday community spirit.
3. Consent Agenda
3.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real
Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit
#A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail,
Colorado
Moffet moved to approve Resolution No. 27 in an amount not to exceed $267,500; Bruno
seconded the motion and it passed (7-0).
3.2. Resolution No. 42, Series of 2017 A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County for Animal Control Services; and
Setting Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 42; Bruno seconded the motion and it passed (7-0).
Town Council Meeting Minutes of December 5, 2017 Page 1
3.3. Minutes from November 7, 2017 meeting
Moffet moved to approve the minutes; Bruno seconded the motion and it passed (6-0; Coggin
abstained).
4. Town Manager Report
4.1. Town Manager Report
Presenter(s): Greg Clifton, Town Manager
It was noted that the town needed to appoint an elected official to serve on the Compact of
Colorado Communities; Chapin was appointed to continue serving as Vail's representative.
It was noted Town of Vail retained its Bicycle Friendly Community designation. And recognition
and thanks were given to staff members Gregg Barrie and Mark Hoblitzel for their efforts in
writing a grant to obtain funding for electric buses.
5. Action Items
5.1. Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate
Action Collaborative and setting forth details in regard thereto
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Action Requested of Council: Staff requests the Vail Town Council review the Memorandum of
Understanding associated with Resolution No. 40, Series of 2017, to join the Eagle County
Climate Action Collaborative, and approve, approve with modifications, or deny Resolution No.
40.
Background: The Climate Action Collaborative is the next step of the Climate Action Plan for the
Eagle County Community and the proposed organizational structure to accomplish the goals of
the Plan.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 40,
Series of 2017 as written.
Bertuglia gave a very brief presentation. Moffet inquired about the standalone resolution and
the exhibit included in the packet; Bertuglia noted there was not a commitment to any financial
resources at this time. Moffet moved to approve Resolution No. 40, Series of 2017 Resolution
to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto;
Bruno seconded the motion. Public input was invited; none was given. The motion passed
(7-0).
4.1 Town Manager Report — continued
At this time, George Ruther, Community Development Director, presented the status and
progress on the Chamonix Neighborhood Project and noted a slight delay with construction, up
to three weeks.
5.2. Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado
Communities and setting forth details in regard thereto
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Town Council Meeting Minutes of December 5, 2017 Page 2
Action Requested of Council: Staff requests the Vail Town Council review Resolution No. 41,
Series of 2017 and associated materials and approve, approve with modifications, or deny,
Resolution No. 41, Series of 2017.
Background: Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado
Communities has been established to bring cities and counties together to take constructive and
practical climate action.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 41,
Series of 2017.
Bertuglia briefly spoke about the environmental programming of the organization, Compact of
Colorado Communities. Moffet moved to approve Resolution No. 41, Series of 2017,
Resolution to join the Compact of Colorado Communities and setting forth details in regard
thereto, confirming the financial commitment as $2,000. Bruno seconded the motion and it
passed (7-0).
5.3. Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of
Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the
2015 International Fire Code, concerning open burning
Presenter(s): Mike Vaughan, Fire Marshal
Background
At the August 1, 2017 Town Council meeting, direction was provided to staff regarding
amending Town of Vail Code regarding open burning. The Ordinance No. 19, Series of 2017 is
based upon direction provided to staff by Town Council. Currently open burning is addressed in
Title 5, Chapter 8 and Title 10 Chapter 1 (amendments to the International Fire Code) of the Vail
Town Code. Within these two sections, there are currently conflicts regarding regulations related
to open burning. The proposed Ordinance will repeal Title 5, Chapter 8 of the Vail Town Code
and amend Title 10, Chapter 1 to clarify permissible and prohibited activities related to open
fires.
Summary of Changes
1. Definitions updated to clarify difference between outdoor burning and the use of outdoor
fireplaces
2. Expand prohibition of open burning to include outdoor fireplaces during Stage 2 and Stage 3
fire restrictions and Red Flag Fire Weather Warning days
3. Provides extinguishment authority in situations in which the smoke from an otherwise
permissible open burning is creating a nuisance or health hazard
4. Provides specific guidance on use of outdoor fireplaces
5. Establishes a prohibition on the use of portable outdoor fireplaces in short term rental units
Note: The proposed regulations do not apply to outdoor fireplaces which burn propane or
natural gas.
Clarification was made with regard to bonfires vs. solid fuel fire and the open burning situations,
which are outlined in the international fire code. No public input was given. Moffet moved to
Town Council Meeting Minutes of December 5, 2017 Page 3
Approve Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of
Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015
International Fire Code, concerning open burning. Bruno seconded the motion and it passed
(7-0).
5.4. Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments
to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate
Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance
Fund, and Timber Ridge Fund
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series
2017
Smith summarized a number of highlights of the supplement budget ordinance, noting that
across all funds, the supplemental request would adjust the budget to reflect $7,555,995 of
additional revenue and proposes an increase of $8,102,452 to expenditures.
She noted that during the 2018 Budget process and in response to comments regarding the
implementation and funding of the Housing Strategic Plan, staff proposed the creation of an
internal Housing Fund. Per the Governmental Accounting Standards Board (GASB) and
confirmed by our auditors, this housing fund does not qualify to be treated as a separate fund
because there is not a unique funding source (for example, a dedicated tax revenue). However,
we can separately present on a budget basis a "Housing Fund" which would consolidate into the
Capital Projects Fund for financial reporting purposes. The Housing Fund is a Town of Vail fund,
not a component of the Vail Local Housing Authority. Town Council will need to appropriate the
budget for the Housing Fund in the normal budget process.
Details were reflected in the council packet memo addressing all funds:
■ General Fund
• Capital Projects Fund
■ Housing Fund
• Real Estate Transfer Tax (RETT) Fund
Public input was invited and Steve Lindstrom, VLHA, thanked staff and administration for their
efforts in segregating the funds for housing. Moffet moved to approve Ordinance No. 20, Series
2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund,
Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund. Bruno seconded and
the motion passed (7-0).
6. Public Hearings
6.1. Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of
the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental
Properties, and repealing sections in conflict therewith
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 15, Series
2017
Town Council Meeting Minutes of December 5, 2017 Page 4
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance No. 15, Series 2017
Chapin opened the public hearing. Halloran noted the changes between first and second
reading. She explained the highlighted sections of the council packet memo, which addressed
such items as 1) required application process which includes a renewal, 2) exemption for full
time onsite property management companies, 3) inclusion of joint ownership terms requiring
approval of property owners who have shared common property, 4) affidavit requirement, 5)
requirement and identification of a property contact, 5) posting of licensing, 6) compliance with
health and safety standards, 7) identifiable and transparent complaint process with proposed
effective date. Public input was invited at this time:
• Dennis and Sheila Linn commented on common areas joint ownership requirements and
property liability and their related concerns about insurance coverages with duplexes.
• Dick Neal, resident, expressed concern about the parking implications that will occur with
short term rental of his property.
• Sara Petersen, resident of Potato Patch Club, expressed many issues with their neighbor's
short term rentals. She extended thanks for the council's efforts with the
■ Mitch Whiteford, resident, requested 3 modifications — 1) simplify the licensing process,
2) create framework of fines that escalate as incidents increase, instead of not renewing,
3) eliminate the permission concept related to duplex regulations, too many unintended
consequences
• Joanne Cahart, resident, expressed support of the ordinance noting that so many things
have changed it was time to address this "big business". She supports neighborhoods not
enclaves of short-term rental housing.
• Audrey Powell, supports the regulations and remains concerned about the common
space/shared space regulations for duplexes.
• Stephen Connelly, resident, thanked staff and town council for their efforts In drafting the
legislation. He thought it was a great starting point and suggested changes would likely
occur in the future. He offered some ideas about some of the administration of the
ordinance.
• Lawrence Donovan , resident, expressed concern about a law that would delegate to the
neighbor rights of a property owner ; must regulate with the rules addressing noise, parking,
etc. very concern as he is a real estate lawyer; substantial lawsuits would be on the
horizon ; the kind of use is not addressed in the title work ; concerned that it would create
worse scenarios for the neighbors ; supportive of the other aspects of the legislation
• Mark Gordon, resident, offers thanks and notes the joint ownership consent clause is
worrisome without an appeal process identified; he is not supportive of giving your neighbor
property owner the decision -making rights.
• Steve Lindstrom, resident, VLHA Chairman, noted that short-term rental property does
impact long term rentals in Vail; he notes this proposal starts to measure the impacts with
the registration requirements and will hopefully then inform the future to further regulate the
situation.
■ Nancy Reed, resident, supported "owner's rights" and peaceful neighborhood living.
• Jim Lamont, VHA, concerned about the joint ownership consent language, requested that
mandatory insurance be required of the operators, encouraged that an appeal process be
identified, asked that the town be conservative in regulating the environment.
Town Council Meeting Minutes of December 5, 2017 Page 5
There were no further comments from staff and council comments included the following:
What is the status of the software implementation
v Questions about the response time from the contact person; how long should that be, 30 or
60 minutes
- What are the staffing needs for implementation
➢ Who will serve as the hearing officer if it is determined one would be needed
What insurance requirements are regulated
Foley moved to approve Ordinance No.15 Series 2017, second reading, an ordinance
amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short
Term Rental Properties, and repealing sections in conflict therewith. Langmaid seconded the
motion. After further discussion about the joint ownership consent clause, Foley amended his
motion to remove this language requirement (4-14-4 C) and include a sixty (60) minute
response time from contact representatives, and Langmaid seconded the amendment. Chapin
followed up with some additional comments about the complaint process and response time.
The motion passed (7-0).
6.2. Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy
assessment and collection of town property taxes due for the 2017 tax year and payable
in the 2018 fiscal year
Presenter(s): Kathleen Halloran, Finance Director
Background: The town is required by Colorado state law to certify the mil levy by December 15
of each year.
Moffet moved to approve Ordinance No. 16, Series 2017, Second Reading, Ordinance providing
for the levy assessment and collection of town property taxes due for the 2017 tax year and
payable in the 2018 fiscal year. Bruno seconded the motion and it passed (7-0). No public input
was given on this topic.
6.3. Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and
Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to
special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special
Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code,
Setting Forth Details in Regard Thereto
Presenter(s): Matt Panfil, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19,
2017.
Background: This is a request for a major amendment to Special Development District No. 36,
Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs),
fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an
increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units
(AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs.
Town Council Meeting Minutes of December 5, 2017 Page 6
Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request for a major amendment to Special
Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town
Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a
recommendation of approval to the Vail Town Council. A copy of the PEC meetings results have
been included n the packet of materials. The Community Development Department
recommends the Vail Town Council opens the public hearing on this request, listens to the staff
and applicant presentations, asks questions of the staff and applicant and then continues this
public hearing to December 19, 2017 for first reading.
Panfil made a brief presentation, see council packet memo that addresses the history of the
project, the challenges it is seeing and the regulations that will be impacted, parking &
commercial linkages
Tom Braun, Braun Associates, representing owners, Extell (Real Estate Developers), and local
Extell representative, Kurt Krieg, addressed the council about the property, Four Seasons
Resort, and presented the application noting that after purchasing the subject property in
November 2016, the applicant established new goals in order to operate the Four Seasons
more efficiently and effectively. Said goals include:
■ Increasing the number of standard sized hotel rooms / AUs;
■ Reducing the number of suites;
• Repurposing thirteen (13) FFUs that remain unsold since the building's construction;
• Creating additional for -sale real estate; and
■ Providing an incentivized rental program via the addition of attached accommodation units
(AAUs) / "lock -offs."
In order to achieve these goals, the applicant proposes the following changes to the existing unit
mix:
I Existing Unit Mix Proposed Unit Mix Net Change
122 HUs 130 AUs +e. AUs
16, DUs 28 Dwellinq Units (with -12 DUs,' + 18 A Us
15 FFUs t. FFUs -13 FFUs
2e EHU 28 EHU
He noted the basis for repurposing the thirteen (13) FFUs for two (2) primary reasons, as
follows:
• The project was approved in 2001, but did not open as the Four Seasons until2010. The
applicant states that the luxury lodging industry changed significantly over this time period
and FFUs have fallen out of favor with the market.
• The property was owned and operated by a bank between 2011 and November 2016, when
the applicant purchased the property. As the applicant states, financial institutions are not
well suited to operate luxury properties and there was a lack of a long-term vision for the
property.
After some review of the homeowners association structures, the Mayor asked for public input.
There were no comments given at this time. Moffet moved to approve Ordinance No. 21, Series
of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005,
Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort,
Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning
Regulations, Vail Town Code, Setting Forth Details in Regard Thereto, with a requirement that
an additional 2,000 sq. ft. of deed restricted employee housing to be located off -site be
Town Council Meeting Minutes of December 5, 2017 Page 7
provided. Langmaid seconded the motion. There was further discussion about whether the
request of additional housing was sufficient mitigation for the changes proposed. It was
suggested that if not the unit then additional fee -in -lieu monies be collected. It was noted the
applicants would further review the request. The motion passed (6-1; Foley opposed).
6.4. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special
Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-
9(A), Special Development Districts, Vail Town Code, to allow for the development of a
mixed use building consisting of 15 dwelling units with 20 attached accommodation
units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage
Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 9, Series of 2017, upon first reading.
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is
requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15
dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units
(EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the
PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail
Town Council.
Chapin opened the public hearing at this time. Staff presented the application noting the
applicant would present a very detailed presentation of the project, see presentation of staff per
the council packet. The criteria were identified, PEC feedback was reviewed. Both lack of
community benefit and too much height and density were problems the PEC identified and the
premise for the recommendation to deny the project. Dominic Mauriello, Mauriello Planning
Group, presented the application and introduction of his team. Some highlights included:
■ Aerial map
■ Renderings of the project from differing perspectives
■ History of vail mountain view residences
• Gore Creek group — Pete Carlson — Developer of Potential Phase 2
• What's happened since august? More ehu units are being proposed
■ New programming
■ Less deviation ; more benefit wl Reduced density; traffic decrease ; setbacks are improved
■ Review the site plans (aerial view) and floor diagrams
• EHU concept described
• Sustainability
• Public benefits reviewed
■ Deviations described — below grade presents the issues
■ Critical need for employee housing
■ Hotel & lodging summary
■ Public benefits - EHUs vs hotels
• Background on zoning
• Vail village master plan highlights
Town Council Meeting Minutes of December S, 2017 Page 8
• Others including Phase I on the property have supported the project
■ Diagram of the building showing Tyrolean and Mountain View
He summarized why the project meets both short and long term goals of the town and meets
comp plans.
Chapin opened public comment at this time.
• David Foster, Foster Graham Milstein and Calisher, Denver, representing Tyrolean HOA
since last April, presented to PEC a few months ago and expressed a number of concerns
about the incompatibility of the project based on the criteria.
• Chris Romer, VVP, also speaking on behalf of Rick Smith with Vail Health, expressed
support for the project and the housing that would come with ti.
• Steadman Clinic VP of Operations also expressed support of the project noting that the
housing component would benefit his employee market.
• James Wilkins resident, VLHA member, ERWSD employee, expressed support of the
project and the housing component.
• Kerry Wallace, representing the entire Mountain View HOA for Phase I, and formerly
representing a few owners, expressed support on behalf of the Association noting their
diligence with the developer to get the project acceptable to all of them.
• Chris Hawkins, Alpine Planning, Ridgeway, CO, expressed support on behalf of the Phase
owners and noted their work to create a project that is compatible with the criteria and
sufficient in its housing component.
• Tom Saalfeld, contact for the Tyrolean Association; expressed concern about the height and
density of the project; the proposal does not take into consideration the input from their
association.
• Stephen Connolly, resident, expressed concern about the housing component not serving
those who really are in need of affordable housing.
■ Video of Jay Levine, President of Mountain View HOA, was shown to the audience and town
council; Levine expressed support of the project.
Public comment was closed at this time. Town Attorney requested council feedback about their
ability to review and act impartially with their decision making on this application. Each council
member was polled and responded that he or she would act impartiality. Closing comments
were made by the applicant addressing the public benefit of the housing and the memo
addressed the project as it related to the criteria. There were no further comments from town
staff. Council comments included:
There was both support of the housing offering as the public benefit and a request for more
affordable housing
While the project is sizable, it meets the public benefit and criteria
➢ Would prefer balconies be added to the units
➢ Heated streets are not preferred and requested an energy exchange if this were
implemented
Moffet moved to approve Ordinance No. 9, Series of 2017, First Reading, An ordinance
establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development
of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units
(lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1,
Vail Village Filing 5 and setting forth details in regard thereto with the following conditions and
findings, as follows:
Town Council Meeting Minutes of December 5, 2017 Page 9
Conditions:
1. 'The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons,
are contingent upon the applicant obtaining Town of Vail approval of an associated design review
board application for all exterior changes to the property;
2. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject
property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail
employee housing deed restriction for a minimum two -bedroom dwelling unit of at least 788 square
feet, located within the Town of Vail;
3. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject
property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet
to be determined, per net new P.M. peak hour vehicular trip.
Findings:
1. That the SDD complies with the standards listed in Section 12-9A-8-A, Vail Town Code, or the
applicant has demonstrated that one or more of the standards is not applicable, or that a practical
solution consistent with the public interest has been achieved;
2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding
areas; and
4. That the SDD 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."
Bruno seconded the motion and it passed (6-1; Foley opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 11:30 p.m.
Attest:
� y
att c enny, To Jerk
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0 ORATES/
Respectfully Submitted,
�vve Chapin, Mayor `
Town Council Meeting Minutes of December 5, 2017 Page 10