HomeMy WebLinkAbout2017-12-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 19, 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
Chris Neuswanger, local mortgage broker, shared information about Fannie Mae regulations
related to deed restricted housing and the Chamonix financing for home loans.
2. Appointments for Boards and Commissions
2.1. Appointments for Commission on Special Events (CSE)
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three people to CSE with formal motion. Interviews for
CSE were conducted during the afternoon meeting. Three vacancies for two year terms ending
in 2019 needed to be filled with appointments from Town Council.
Bruno moved to appoint Samantha Biszantz, Rayla Kundolf and Kim Newbury Rediker to serve
two year terms to the Commission on Special Events. Moffet seconded the motion. Foley
thanked all who participated in the interviews and encouraged them to attend CSE meetings on
a regular basis. The motion passed (7-0).
3. Consent Agenda
3.1. Resolution No. 43, Series of 2017, A Resolution Approving an Amendment to
Intergovernmental Agreement Between the Town of Vail and the Colorado Department of
Transportation Regarding Vail Bridge Road Structure Replacement; and Setting Forth Details in
Regard Thereto
3.2. Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz
replacement radios
Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0).
Town Council Meeting Minutes of December 19, 2017 Page 1
4. Town Manager Report
4.1. Town Manager Report
Presenter(s): Greg Clifton, Town Manager
Clifton noted the recent staff retreat and upcoming council retreat. It was agreed that a morning
retreat on January 9 at the Grand View would be scheduled.
5. Presentations / Discussion
5.1. 2018 Colorado Classic bike race update including a formal request for funding for
two stages in Vail August 16 & 17, 2018
Presenter(s): Mike Imhof, Vail Valley Foundation
Action Requested of Council: Council approve or deny request for event funding.
Background: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an
informational update presenting the opportunity for the Town of Vail to host one or two stages of
the 2018 Colorado Classic on August 16 & 17, 2018. The VVF informed Council that they would
take their feedback to the event organizers to better understand the overall event opportunities,
RFP requests, and costs in order to return with a formal funding request.
Jen Mason recused herself from the discussion noting her conflict of interest associated with
employment with the Vail Valley Foundation. Mike Imhof, VVF, made some staff introductions,
Tom Boyd, Sara Franke, Mac Garnsey; as well as the event promoters, Velorama: Tom Gart,
Jim Burrell (with Medal Sports), David Kopf, (Colorado Classic owner). He noted the VVF met
with promoters to evaluate the ability to host another bicycle race in Colorado, taking what was
been learned over time with Vail bike racing, and most recently the Pro Cycling Challenge. The
dialogue has been active for the past two years and has come to fruition with this current
proposal; Imhof presented the highlights of the event and proposal, as follows:
COLORADO CLASSIC
VAIL
'Classic racing returns to most cycle -loving
state in America' -CNN
2018
4 TOTAL STAGES
2 CITIES p mv+as in Vai, 2 routes in C),, ,r)
AUGUST lb 3 17, 2018 - VAIL STAGES
THURSDAY RACE FORMAT: CIRCUIT/MULTIPLE
FRIDAY RACE FORMAT: TIME TRIAL
ANCILLARY EVENTS:
LIFESTYLE + BIKE EXPO
CITIZEN (amateur) + STRIDER RIDES
MUSIC, FOOD, + DRINKS
Other topics addressed included:
✓ Media Coverage Strategy
Come for the racing, stay for the music
20,000+ estimated fans in attendance
Thursday — Saturday night
Bike event will dovetail with
headliner music performances at
the Gerald R. Ford Amphitheater on
Aug. 17 + 18,
Food. Beer, and Expo Festival
Local business integration, positive
economic Impact
Town Council Meeting Minutes of December 19, 2017 Page 2
✓ Lodging
✓ Recommended Route — Vail Circuit and Time Trial
✓ VVF acts as local organizing committee
✓ Awards take place Friday afternoon
✓ Expo would likely wrap up after awards ceremony on Friday (est. 4 p.m.)
✓ Sponsor underwriting Vail's races would likely stay; others would likely move to Denver
✓ Music would be provided by VVF; no funding would be requested for this activity; evening
and paid concerts at GRFA
The request for funding from the Town of Vail is shown below and totaled at $31 OK plus $65K
for in -kind services to bring two stages to Vail, with a 3-year term commitment and estimated to
bring 20,000 attendees the first year:
Request for Town of Vail Support
Consideration Criteria
✓ Muth-Year(201&2020)?Yes!
✓ Two Stages in Val? Yes!
✓ Roce stoges stay in Val? Yes!
✓ Event Oates fill a need period? Yes!
✓ Financial support reduced? Yes!
$155,000 in cash, per stage
$32,500 value in kind, per stoge
•fn comparison, for the USA Pro
Challenge event, town of Vail
provided support of $ 175,000 in
cash and$25,000 in trade for one
stage.
Other comments and questions were addressed:
■ Finance Director Kathleen Halloran noted that funding was split from VLMD and General
Fund for the Pro Cycling Challenge, $100K and $75 respectively.
■ The goal for team riders is 112 for the men and 60 for the women.
■ The event is international, national, and statewide, working with state partners and
international partners.
■ Challenges from Pro Cycling Challenge would be avoided by reducing the number of race
locations, changing race times.
■ The event would take advantage of the weekend music and other forms of entertainment
being offered at the Gerald R. Ford Amphitheater.
Chapin invited public comments at this time and resident Heather McDonald supported the idea
noting that bike racing in Vail is a part of its heritage and enjoyed by the entire community.
Moffet moved to direct staff to include $375K in the 2018 budget; the funding would be split
$110K from General Fund Balance; $200K from the VLMD fund, $65K in kind services, in
response to the request from the VVF for hosting the Colorado Classic bike race in August.
Foley seconded the motion. There was support from council members who noted the following
comments:
■ Moffet noted the media spend and room nights would create a great return on investment.
■ Langmaid noted it as an awesome opportunity for the economy and iconic event for Vail,
and noted her support for a beer consortium, a women's event, a citizen's ride as all great
components.
Town Council Meeting Minutes of December 19, 2017 Page 3
■ Chapin noted that the last bike race was not a great revenue generator for the local
business, but bike racing as iconic for the Vail Valley.
■ Bruno noted her support of the proposal also agreeing with the Mayor's points about return
for local businesses. She hoped to part of changing the way cycling is viewed in light of its
recent history. She thanked VVF and the team for all its efforts in bringing the race to Vail.
■ Foley supported the proposal and noted his satisfaction that both races would attract
spectators.
The motion passed (6-0; Mason recused).
5.2. Town of Vail Annual Resale Lottery Criteria Process and Options for
Consideration for Process Amendments — Recommendation to Vail Town Council
Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair,
Vail Local Housing Authority
Action Requested of Council: Listen to the staff presentation on the recommendation for
amendments to the annual resale lottery criteria process and solicit public comment. Provide
instruction to the Town staff on proposed amendments.
Background: The Vail Town Council requested that the Vail Local Housing Authority and the
Community Development Department review the existing Town of Vail annual resale lottery
criteria process and recommend options for amendments, improvements and enhancements. A
number of objectives and identified issues to be addressed as a result of this request are
outlined in the staff memorandum to the Vail Town Council.
Staff Recommendation: Following careful and thoughtful review of the Town's annual resale
lottery criteria and selection process the Vail Local Housing Authority finds that amendments,
improvements and enhancements are needed to realize the goals and objectives for housing in
Vail. To be successful, the resale lottery criteria and selection processes should be aligned with
Town's goals and objectives for housing. A complete list of recommended actions is outlined in
the staff memorandum.
George Ruther introduced the topic and noted that Steve Lindstrom and Mary McDougal were
present representing the Vail Local Housing Authority. The VLHA has reviewed the current
criteria and recommends that Vail Town Council authorize Town staff to pursue revisions to the
current criteria and lottery by taking action on the following; (the status of each item is in upper
case):
1. Clearly define the goals and objectives of the Town's lottery criteria and process.
SUPPORTED
2. Allow current residential property owners, including vacant residential land, to participate in
the lottery. NO CONSENSUS —WANT MORE INFORMATION
3. Phase out the weighted preference and tiered systems and replace them with a true lottery
process, effective June 2018.
SUPPORTED A MIDDLE GROUND SUGGESTED BY PUBLIC INPUT, JACKSON
AFFORD SOME PREFERENCE FOR LONGEVITY; BUT NOT FULL PRIORITY
4. Replace the annual lottery process with an individual and separate process for each home
when it becomes available for purchase. SUPPORTED
5. Eliminate the minimum household size requirements. SUPPORTED
6. Simplify the application submittal process and minimize to the extent possible the materials
required for participation. SUPPORTED
7. Implement a true lottery drawing process which affords all qualified participants an equal
chance of being selected. SUPPORTED
Town Council Meeting Minutes of December 19, 2017 Page 4
Town Council's feedback did not show support for a current homeowner becoming part of the
lottery and a request to create a middle ground for #2, the current residential property owner.
Chapin invited public input at this time.
■ Heather McDonald, resident at Vail Commons, shared that she has been trying to spread
the word about the lottery and more publicity would be good.
■ Ian suggested that it is not a broken system and he wasn't supportive of the tiered system
and preferred seniority preferences.
■ Joanna Biele, resident at Vail Commons, expressed concern about the lottery and how the
seniority works and preferred that seniority remain a criteria.
Public input was closed at this time. It was noted staff would return with revised
recommendations based on the discussion and council support was given to the following:
1) eliminating household size requirements, and 2) eliminating the need to conduct a lottery
each time a property becomes available.
6. Action Items
6.1. Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending Sections
5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review,
Related To Vegetation Removal For Wildfire Mitigation Purposes
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance N. 17,
Series of 2017 on 1st Reading.
Background: This is a proposal to clarify and codify existing standard operating procedures
related to vegetation removal. The Town of Vail currently requires a Design Review Board
(DRB) permit for the removal of vegetation, including trees, when not associated with another
development application. The Town of Vail Fire and Emergency Services Department also
issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire
Adapted Vail Program or through the town's abatement provisions for dangerous or diseased
trees. The proposal eliminates the requirement for a DRB permit following a recommendation by
the Wildland Coordinator concerning vegetation removal.
Staff Recommendation: The Planning and Environmental Commission (PEC) held a public
hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a
recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This
recommendation was based on a finding that the proposal furthered the adopted goals,
objectives and policies of the Vail comprehensive plan.
Spence presented the topic for consideration per the memo in the council packet with a
recommendation for the code changes (following page). Langmaid preferred the three month
window of the nesting environment, May, June, July, not be available for the tree cutting
program. Spence noted that the purview of this ordinance was not related to the environmental
request and noted that a more thorough review of the tree removing timing window be reviewed
separately. There was council consensus to have staff review this aspect. Mark Novak, Fire
Chief, spoke about tree removal, wildfire mitigation, and the confusion with environmental
priorities. He does not support banning the tree removal program and informed them there are
about 20 tree removal permits issued each year.
Town Council Meeting Minutes of December 19, 2017 Page 5
The following amendments are proposed with new language in underline and items to
be removed designated by a =k0hpough.
Sec. 5-11.7. Permit for Removal
An owner desiring to remove diseased bees shall We an application for a permit with
the 7 n't,a:.: , Fire M Eme�pr^�Y Services Department
There shall be no application fee for the permit. The application shall contain a written
narrative describing the We, size, quantity and general location of the diseased trees
proposed to be removed. The director may perform a site visit prior to faking any action
on the permit application.
i ibFdrA�l xjiel.7•I�y;7�Pl•►1
A. Scope: tiro person shall commence removal of vegetation, site preparation, building
construction or demotitron, dumping of material upon a site, sign erection, exterior
alteration or enlargement of an existing structure, paving, fencing or other
improvements of open space within the corporate limits of the town unless design
approval has been granted as prescribed in this chapter_ The addition of plant materials
to existing landscaping, gardening,-d4andscape, pnd P tion removal aooroved by
the Fi/�ee and Emeyen(, ( Services Deoartment throuoh a��re Hazard Assessment
shall be exempt fiom this provision.
Chapin invited public comment and Stephen Connolly inquired about the specifics of the nesting
environment suggesting there might be a middle ground on the tree removal timeline. Moffet
moved to approve Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending
Sections 5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review,
Related To Vegetation Removal For Wildfire Mitigation Purposes. Bruno seconded the motion
and it passed (5-2; Mason; Langmaid opposed).
6.2. Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending Title 7,
Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking
violations
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22,
Series of 2017 upon first reading.
Background: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to
regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction.
Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect,
enforce, and impose fines and penalties for the violation of its local laws.
Moffet moved to approve Ordinance No. 22, Series of 2017, First Reading, Ordinance
Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for
certain parking violations. Bruno seconded the motion and it passed (7-0). There no public
input on the topic.
6.3. Ordinance No. 23, Series of 2017, First Reading, An Amending Chapter 9 of Title 1
of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of
Collection Agencies to Collect Unpaid Fines and Costs.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23,
Series of 2017 upon first reading.
Background: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. §
18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to
pay money, failure to appear to pay money, or failure to appear at any post -sentencing court
appearance wherein the defendant was required to appear if he or she failed to pay a monetary
Town Council Meeting Minutes of December 19, 2017 Page 6
amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due
receivables internally, the Town Council has decided to permit the Town to employ the services
of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and
restitution arising out of municipal court matters.
Judge Allen spoke about this matter briefly. Moffet moved to approve Ordinance No. 23, Series
of 2017, First, Reading, An Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition
of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines
and Costs. Bruno seconded the motion and it passed (7-0). There was not public input on this
matter.
6.4. Red Sandstone Elementary School Parking Structure Update
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: The staff has requested the Town Council address the
following: Authorize the Town Manager to enter into a pre -construction contract with Haselden
Construction in a form approved by the Town Attorney in the amount of $257,500. Amend the
2017 supplemental budget for the design and construction of the south 170 improvements by
$287,500 to be funded by Vail Reinvestment Authority
Background: The Town of Vail and the Eagle County School District are working together to
jointly construct a four -level 160 car parking structure on the current Red Sandstone School site.
The work will include extensive site work to establish a loop road around the parking structure to
allow access to each level while at the same time provide a one-way loop road for school drop
off and pick up.
Staff Recommendation: Staff recommends the Town Council continue to pursue the four -level
structure. In addition, the Town Council should take action on the items below: Authorize the
Town Manager to enter a pre -construction contract with Haselden Construction in a form
approved by the Town Attorney in the amount of $257,500. Amend the 2017 supplemental
budget for the design and construction of the south 1-70 improvements in the amount of
$287,500 to be funded by Vail Reinvestment Authority.
Greg Hall presented details below about related estimated costs:
The pre -construction amounts are as folows:
• Haselden Construction pre -construction services $ 27,000
• Stresscon pre -construction services including shop drawing preparation $150,250
• Sctmbel pre -construction services including shop drawing preparation $ 80 250
Total pre -construction contract with iiaselden Construction $257, 00
PROJECT COSTS AND BUDGETS
The May 2 preliminary total project budget for the four4evel structure including all contingencies
was: $14,657,900
The August 1 schematic design total project parking structure budget including
al contingencies is: $ 14,286,912
Additional Structural Capacity in August 2017: $ 732,000
Final structural capacity budget adjustment on t]ctober 17, 2016: S 50.000
Red Sandstone Parking Structure Budget: $ 15, 068,912
Town Council Meeting Minutes of December 19, 2017 Page 7
COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION
The co"haring for the project is as follows:
Eagle County Schad District $ 1,500,000
Vail Resorts Parking Commitment $ 4,300,000
Vail Reinvestment Authority (VRA) a 9.268.912
Preliminary Overall Budget 115,068,912
PROJECT SCHEDULE AND �EXT STEPS
The preliminary development schedule, milestones and next steps are outlined below:
•
Construction Documents (CD's)
November -March
•
Pre -Construction Contract Award
December 19
•
Final CDOT approval
December
•
50 % CD pricing Set
January 12
•
50 % CD pricing
January -February
•
Submit for excavation and foundation permit
Mid February
•
100 % CD complete
March 8
•
Submit for complete budding permit package
March 8
•
100 % CD pricing Complete
End of March
•
Foundation permit issued
April 1
•
Award construction
April 3
•
Begin construction
April 4
•
Complete building permit issued
May 1
•
Construction
April -November 2018
There was some discussion about how the parking structure could be repurposed in the future if
parking demand would decrease; staff was asked to return with more information about other
uses and related costs, Public input was invited at this time and VRD Board member Tom
Saalfeld noted their interest in uses for the other floors, i.e. pickleball courts! Public comment
was closed. Bruno moved to authorize the Town Manager to enter into a pre -construction
contract with Haselden Construction in a form approved by the Town Attorney in the amount of
$257,500 and amend the 2017 supplemental budget for the design and construction of the
south 170 improvements by $287,500 to be funded by Vail Reinvestment Authority. Langmaid
seconded the motion and it passed (6-1; Moffet opposed).
7. Public Hearings
7.1. Ordinance No. 9, Series of 2017, Second 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 (lockoffs), 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 second reading.
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is
requesting a second 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.
Town Council Meeting Minutes of December 19, 2017 Page 8
Staff Recommendation: On December 5, 2017 the Vail Town Council approved the
establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley
opposed). Although approved on first reading, members of the council cited three primary
concerns and requested that the applicant address these items prior to second reading. Please
see the staff memorandum and a discussion on these items and the applicant's response.
Chapin opened the public hearing for this agenda item and noted that on December 5, 2017 the
Vail Town Council approved the establishment of Special Development District No. 42 on first
reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the
council cited three primary concerns and requested that the applicant address these items prior
to second reading. The three concerns were:
1. Additional Employee Housing Units/Public Benefit to increase the square footage devoted to
EHUs to closer to 50% of the square footage of market rate units form the proposed 43%
2. Opportunities for Outdoor Living Space/Balconies for south facing EHUs
3. Offset for Energy Usage for Heated Sidewalk
Mauriello presented a slideshow which depicted their responses to the town council requests at
the last meeting, (applicant's response, as mentioned in a narrative and revised plan sheets
included as Attachment A to this memorandum), is as follows:
■ The economics of the project do not support the conversion of market rate units to EHUs.
Alternatively, the applicant proposes a financial contribution of $130,000.00. Based on the
Town of Vail's recent deed restriction acquisitions, the applicant equates this to two (2) 600
square foot units, on average. This would result in an increase in the ratio of from 43% to
46%.
■ The south facing EHUs have been modified to include Juliet Style balconies. In addition, all
residents have access to the second floor lobby area that includes are large outdoor deck.
• The proposed heated sidewalk would require a 20 kW solar system in order for a 100%
offset. Per the solar consultant and project architect, the maximum system that can be
supported on the Phase II structure is 10 kW, resulting in a 50% offset. In addition, the
applicant is dedicated to an environmentally friendly project through its Green Globe
commitment in addition to the solar offset.
Mauriello also addressed the "criteria for review", with slideshow presentation addressing a
number of topics, Compatibility — can projects coexist?, Density, Uses, Comprehensive Plan
(Vail Village Master Plan), Geologic hazards, Traffic impacts.
Chapin invited public input at this time noting the time limit and requesting that comments only
directed to town council, and to make sure it is new testimony and not repeat of testimony.
■ Stephen Connolly, resident, expressed support of the developer's proposal to offer financial
contribution to support EHUs, and requested the contribution is based on need; there may
be a need for a greater funding contribution.
• Chip Schoneberger, Foster, Graham, Milstein & Calisher, LLP, representing the Tyrolean,
speaking in place of David Foster who spoke prior about the more traditional land use
issues, raised concerns with the notification and due process for the application. He
detailed a number of defective process issues with his input.
■ Chris Romer, VVP, representing over 850 members, with more than 250 businesses from
Vail, noted that his board supports this project.
■ Jay Levine, Mountain View owner, and president of homeowners association, representing
the 22 owners of the property, expressed their thanks to staff and council who helped
Town Council Meeting Minutes of December 19, 2017 Page 9
educate their association. He expressed their support of the project and the suggestion of
adding the Juliet balconies.
■ Laura, former owner of Mountain View unit, expressed that the balconies should remain
consistent with Phase I, the Juliet style balconies; she opposed the full balconies.
■ Jeff Andrews, East West Destination Hospitality, who manages the Wren condo assn and
serves on the board of VVP, expressed support for the project noting that the town is a
leader in many things and encouraged them to also remain committed to responsible
development at every level.
■ George Gillett, resident, expressed support of the project and the developer involved on the
project; he also spoke very highly about the character and credibility of the developer. He
saw this development as a response to the housing challenges, and certainly a viable option
for hospital employees.
■ Steve Lindstrom, VLHA, expressed support of the project; noted the project meets the
compatible criteria in that the valley floor must serve as location for project to help w/ infill
and housing.
Public input was closed at this time. There were no further comments by the applicant. Spence
noted the project still requires a review by DRB and the balconies would be reviewed by that
group, so they may not want to have a final decision about these at this time. He also noted the
snow melt expenditure estimate $125K. Town Attorney Mire noted that Council member Coggin
contacted him earlier in the week about his employment with Arragoni Woods who was possibly
bidding on the project. Coggin noted he does not financially benefit if his employer were
successfully in getting the job; he stated he would not be impartial in the review of the
application.
Moffet moved on second reading to approve Ordinance No. 9, Series of 2017, to establish
Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-
9(A), Special Development Districts, Vail Town Code. Langmaid seconded the motion. Further
comments were made by town council addressing the following:
✓ compatibility and whether there is enough public benefit to offset the deviations; the GRFA
is a very large jump in density
✓ it is not compatible ; too much bulk, height, density
✓ there is a need for more master planning
✓ appreciated the balconies for the south facing units
✓ does not see the project meeting the criteria, 70 feet too high
✓ the EHU goal should be 50%
Foley asked for a point of order to call the question. The motion failed (4-3; Bruno, Coggin,
Foley, Mason — opposed; Chapin, Langmaid, Moffet — supported).
At this time Mauriello confirmed the applicant would agree to providing EHU funding in the
amount of $260K.
Moffet moved to approve Ordinance No. 9, Series of 2017, Second 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
(lockoffs), 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 additional
conditions of approval:
Town Council Meeting Minutes of December 19, 2017 Page 10
The applicant shall provide the Town of Vail with a cash contribution of $265,000.00 to the Town of
Vail Housing Fund prior to issuance of any building permit for the project.
Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum,
all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated
December 2017 and included as Attachment A to the Town Council Memorandum dated December
19, 2017.
Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a
10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the
snow melted sidewalk from the eastern property line to Vail Road.
Moffet noted the following findings and conditions as part of his motion:
FINDINGS:
■ The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has
demonstrated that one or more of the standards is not applicable;
■ 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;
■ The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas;
and
■ 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.
CONDITIONS:
1. Approval of an associated Design Review Board ("DRB") application.
2. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the
number and size of the new landscape plantings to meet the recommendations of the Vail Village
Master Plan concerning planted buffers.
3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute
and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the
applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way
to the Town's recreational path.
4. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and
construct a continuous 10'-wide separated concrete sidewalk along the South Frontage Road from
Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the
sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first
building permit for the project. The sidewalk shall be designed in general accordance plan sheet
C1.01 dated September 14, 2017, and shall be submitted to the Town and approved by the Town
prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the
Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall
install a snowmelt system, including the heat source and all necessary components, in compliance
with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation
of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first
certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt
maintenance agreement. The Town will be responsible for the maintenance and operation of the
sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate
of occupancy for the project, the Applicant shall execute the Town's standard snowmelt operations
reimbursement agreement for that portion of the sidewalk and snowmelt system.
5. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic
Mitigation Fees for the net new increase in development traffic, which has been calculated at 14 PM
Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation
Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800.
6. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction
staging plan and parking plan to demonstrate that the construction will not impact public parking or
adjacent properties.
Town Council Meeting Minutes of December 19, 2017 Page 11
7. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage
the Town's Art in Public Places Board on the determination of an acceptable public art installation.
The minimum value of the public art installation shall be $50,000.
8. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational
amenities tax as required by Section 12-9A-11 of the Vail Town Code.
9. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute
and record deed restrictions, in a form approved by the Town Attorney, for the EH Us.
10. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval
from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT
right -of way, and shall submit evidence of such approval to the Town.
Langmaid seconded the motion and it passed (4-3; Chapin, Coggin, Langmaid, Moffet —
supported; Bruno, Foley, Mason — opposed.
7.2. Ordinance No. 21, Series of 2017, Second 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.
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.
Jen Mason recused herself due to a conflict of interest with this agenda item. Matt Panfil and
Tom Braun, Braun and Associates, presented the application. There was some about the
parking changes in terms of the reduction of the spaces at the property. Chapin opened public
comment. No comments were heard. Moffet moved to approve on second reading Ordinance
No. 21, Series of 2017, an ordinance repealing and reenacting Ordinance No. 20, Series of
2005, establishing 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 and setting forth details in regard thereto with the following 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. The applicant shall provide a minimum of 2,000 square feet of deed -restricted employee housing
within the Town of Vail, to be recorded with the Eagle County Clerk and Recorder. Said deed -
restricted employee housing shall be provided in the following manner:
a. Prior to the issuance of any certificate of occupancy resulting in any decrease in the amount
of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the
Town Council Meeting Minutes of December 19, 2017 Page 12
applicant shall provide a deedrestricted employee housing unit with a minimum of two
bedrooms and approximately 788 square feet; and
b. Prior to March 31, 2019, the applicant shall provide a deed -restricted employee housing unit,
with a minimum of approximately 1,212 square feet.
Prior to issuance of any building permit resulting in any decrease in the amount of accommodation
units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall pay to the Town of
Vail a $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of 7.2 net
new PM peak hour vehicular trips.
Coggin seconded the motion and it passed (6-1; Foley — opposed).
7.3. Ordinance No. 19, Series of 2017, Second 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
Action Requested of Council: Approve or approve with amendments Ordinance No. 19,
Series of 2017.
Background: Please see the attached memo regarding this Ordinance Staff Recommendation:
Approve or approve with amendments Ordinance No. 19, Series of 2017.
Moffet moved to approve Ordinance No. 19, Series of 2017, Second 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. Langmaid seconded
the motion. Chapin opened the public hearing and no comments were made. The motion
passed (7-0).
7.4. Ordinance No. 20, Series 2017, Second 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 noted changes from first reading as follows (excerpts from council packet memo):
General Fund
Staff is requesting $11,000 for paper parking card stock displaying the GMC logo. Half of this cost will be
reimbursed, so the net cost to the town is $5,500.
Capital Projects Fund
Staff is requesting $260,305 for the interagency cost share of the county wide radio purchase coordinated
by the town. This will be offset by reimbursements from the Eagle County Sheriff's Office, Town of Avon,
and Eagle County Heath Services District. The total cost of the radio purchase is $860,304. Included in
the 2018 budget is $600,000 for the town's portion.
Staff is also requesting the following adjustments to budgeted expenditures:
�] $95,000 use of savings from capital maintenance projects for pedestrian safety enhancements
including pedestrian crossing signs at the roundabouts, Vail Valley Drive, and the municipal building.
Costs of these projects were more than expected when originally budgeted during 2016. This transfer of
budqet dollars will have no net impact to the Capital Projects Fund.
Town Council Meeting Minutes of December 19, 2017 Page 13
❑ $75,000 for software relating to short term rental regulations. This is an annual cost to the town for
continual updated information of advertised unlicensed rentals for compliance monitoring purposes,
complaint customer portals and online licensing processes. Staff is also requesting $15,000 for one-time
hardware, custom reports and set up costs associated with the short term rental software. Staff foresees
that these costs will be more than offset by future revenues from short term rental licenses.
❑ $287,500 for construction and design of a heated walkway between the pedestrian underpass and 1st
chair in Lionshead to be reimbursed by the Vail Reinvestment Authority.
❑ $160,000 for the implementation of a new sales tax and licensing software. This amount represents a
$75,000 annual fee and $85,000 one-time costs for set up, customizations, data migration, training and
implementation. This new software will enhance online sales tax payment features as well as provide
more robust reporting capabilities for staff and greatly improve department process efficiencies. The most
significant improvement will be the automation of the annual business license renewal process. This is
currently a manual process entailing data entry and processing of checks for renewals of every business
in town each year. In addition, the software has functionality that will allow better tracking of special event
vendors licensing and tax collections. Currently special event vendors are tracked on an excel
spreadsheet. The software will also improve tracking and management of delinquent accounts, which is
currently a manual process tracked with an excel spreadsheet.
Housing Fund
$167,500 is requested to purchase the Altair Vail property as approved by Council on December 5th.
Real Estate Transfer Tax Fund
Budgeted revenue will be adjusted by an increase of $7,518 for a RESPEC grant which is directly offset
by corresponding expenditures for the stormwater mitigation project at Public Works. Staff is also
requesting to roll forward 2016 savings of $14,000 from the annual funding to the Eagle River Watershed
(ERWS). At the beginning of 2017 a 2016 invoice was paid from the 2017 ERWS budget, shorting ERWS
of their full 2017 council contribution.
Moffet moved to approve Ordinance No. 20, Series 2017, Second 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. Mason 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 (7-0) and the meeting adjourned
at 10:05 p.m.
Attest:
Patty cKen , To Fi Cler
Res ectfully Su ;*pitted,
ave Cha
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