HomeMy WebLinkAbout2017-04-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, April 4, 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
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
Bob Armour, resident, thanked Charlie Turnbull and his team for their efforts on cleaning up vail,
addressed the lights and pedestrian ways that have been installed, and thanked Stan Zemler,
outgoing Town Manager, for his years of service and closed by saying the town is losing a
friend!!
Jim Carta, resident on Bald Mountain Road, asked for additional regulations and enforcement of
the "dark sky" regulations. He has had issues with neighbors leaving lights on all night.
Michael Kurz, resident thanked Zemler for his years of service and wished him luck!
Randy Guerriero, resident, expressed concerns about activity in the area of the new Marriott
development, (illegal truck parking, mud everywhere), noted the dog allowance on the property
will create issues, requested that the left hand turn lane be installed.
Eric Perkins expressed concern about the removal of the trees and the impacts it will have on
the river and fish.
2. Proclamations
2.1. Proclamation No. 3, Series of 2017, Recognizing National Library Week 2017
Presenter(s): Lori Barnes, Vail Public Library
Several library representatives and Library Director Lori Barnes were present supporting the
proclamation. The proclamation was read and adopted by the Vail Town Council
Town Council Meeting Minutes of April 4, 2017 Page 1
2.2. Proclamation No. 4, Series of 2017, Recognizing Stan Zemler, Town Manager
Presenter(s): Dave Chapin, Mayor
The proclamation was read and adopted by the Vail Town Council. Zemler said a few words
thanking everyone for their kindness and heartfelt words. Moffet noted the most important thing
he was part of was the hiring Zemler and extended his sincerest thanks!!
3. Consent Agenda
3.1. Minutes from March 7, 2017 meeting
3.2. Minutes from March 14, 2017 special meeting
3.3. Minutes from March 21, 2017 meeting
Moffet moved to approve the meeting minutes referenced; Foley seconded the motion and it
passed (7-0).
3.4. Resolution No. 12, Series of 2017, A Resolution Approving a Lease Agreement Between
the Town of Vail and Vail Recreation District Regarding the Vail Golf Course; and Setting Forth
Details in Regard Thereto
It was noted the Vail Recreation District has not yet acted on the clubhouse lease and would do
so once construction checklist items were completed. Zemler however recommended action be
taken on the lease in an effort to move it forward to VRD for consideration once the items were
finished. Moffet moved to approved Resolution No. 12; Foley seconded the motion and it
passed (7-0).
3.5. Resolution No. 14, Series of 2014, A Resolution Approving a Lease Skate Park
Management Agreement Between the Town of Vail and the Vail Recreation District; and Setting
Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 14; Foley seconded the motion and it passed (7-0).
4. Town Manager Report
4.1. Financial Eligibility of Deed Restricted Housing to Receive Conventional Financing
Presenter(s): George Ruther, Director of Community Development
Representatives from Alpine Bank, Mike Glass and Bill Walsh, were present along with George
Ruther to review this topic. The bank's financing products were reviewed and it was noted they
continue to follow the options that might exist for financing projects such as Chamonix Vail.
There was also some discussion about the "notification process" associated with foreclosed
units and defaulted loans. The town wants to be notified in these instances and does not want
to rely on the homeowner for notification; it was noted public notifications occur over a 120 day
timeframe.
Town Council Meeting Minutes of April 4, 2017 Page 2
5. Presentations / Discussion
5.1. 1-70 Underpass Construction Update
Presenter(s): Tom Kassmel, Project Engineer and Matt Figgs, CDOT Region 3 Project Manager
Background: The 1-70 Vail Underpass project has recently begun the final phase of construction.
CDOT will provide an update on the project and its progress. The anticipated completion is fall
2017.
CDOT representative Figgs noted that work has begun and is slated to be completed fall 2017
on budget and on schedule. He informed them Frontage Road detours would begin April 24
with the same configuration as 2016 and town center roundabout northbound lane would be
striped as two -lanes. There were some suggestions about signage that would assist
pedestrians and bicyclists and business owners in the area.
5.2. Update on Parking and Transportation Task Force recommended summer work plan
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: Provide direction to the staff on the information presented as well
as provide feedback on the issues regarding any additional information which would be useful
as the Task Force, community and ultimately Town Council will decide on the whether the Town
of Vail implements summer managed parking.
Background: The purpose of this item is to: Provide Town Council with an update on the work to
date by the Parking and Transportation Task Force (PATTF); Provide recommendations for
Summer 2017 and planning for Summer 2018; and Request Town Council direction regarding
next steps. The PATTF has convened three meetings in 2017: January 23, February 24 and
March 24. The focus of the Task Force has been an evaluation of summer operations.
Staff Recommendation: Staff recommends at a minimum, funding the three alternatives at the
lowest amount projected. This is a total budget adjustment of $206,000.
Greg Hall presented the background and to date description of the task force and its work as
described in the council packet memo, and suggested the following summer 2017
recommendations:
Parking Duration Data Collection: 18-week summer - $81,200
The advantage of the total period would be the town would have data for the entire summer season and
any variations from the various time periods would be known. The messaging would be consistent for the
entire season. It would be easier to staff for the entire season.
------ OR -----
Parking Duration Data Collection: 4-week period - $19,600
The advantage of this scenario is reduced cost. The disadvantage would be the challenge in selecting
which weeks to test. It would be recommended to test a week in each month and then project the data
based on actual usage for each month. This scenario presents a greater communications challenge due
to the inconsistent timing of the test periods. Staffing would also be a challenge for each week. Another
alternative would be to sample a 4-week simultaneous period for the same cost. The disadvantage would
be the variation of uses by time of the year. We know July is our busiest time and if parking
recommendations are based on only data from July we may not be able to predict usage in other months
as accurately as might be needed.
Town Council Meeting Minutes of April 4, 2017 Page 3
Guest/User Surveys - $35,000
It is recommended that at a minimum we survey 3,000 users or about 2% of the nearly 600,000
transactions during this time period. In addition, we would reach out to local employees similar to the
employee portion of the 2016 citizen survey using the Internet survey method. Survey budget is $35,000
The survey would help determine optimum pricing scenarios.
Enhanced Summer Transit Service Pilot Program - $151,000 - $235,000
The Task Force discussed implementing enhanced summer service this year. The East Vail route
currently has 1-hour service levels. The Golf Course and Sandstone routes have 2-hour service. The lack
of more frequent service levels have been identified in past citizen surveys as well as community picnics
every year. Task Force members suggest this enhancement be used as a first step to promote getting
people out of their cars and onto the buses as an alternative. Enhanced transit service would reduce
vehicle trips and be more in line with the town's environmental commitment. The desire to provide better
service to the East Vail trail areas from hour service to 30 minutes would also help reduce trailhead
parking capacity issues. Enhanced summer transit service would also be an added guest amenity for
outlying lodging properties in East Vail, Sandstone and the Golf Course areas. Finally, the town would
have the data of increased transit service with ridership numbers to compliment the summer parking 2017
data in hand allowing for more informed decision -making for summer 2018.
After some discussion, there was consensus and support for the following items:
✓ 12 week parking data collection (mid -June until mid September)
✓ use of the intercept studies for the guest & user surveys
Council requested additional options and related costs to the enhanced Summer Transit Service
Pilot Program to be reviewed at the next meeting. Chapin noted there would be NO CHARGE
for SUMMER PARKING!
6. Action Items
6.1. Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail
Development Agreement Between the Town of Vail and Triumph West, LLC; and Setting Forth
Details in Regard Thereto
Presenter(s): George Ruther, Director of Community Development Action Requested of Council:
Approve, approve with modifications, or deny Resolution No. 10, Series of 2017.
Background: The Chamonix Vail Development Agreement is needed to facilitate the
development of Chamonix Vail. The Development Agreement outlines the general terms of the
development and the obligations of the Town and the Developer, among other important
expectations and considerations. The term of the Agreement shall be from its Effective Date
until January 1, 2019. The general terms and obligations of the Agreement are outlined in the
staff memorandum, dated April 4, 2017.
Staff Recommendation: The Town staff recommends the Vail Town Council approves
Resolution No. 10, Series of 2017, as presented.
Ruther reviewed the terms of the agreement as outlined below:
II. Terms of the Development Agreement
The Chamonix Vail Development Agreement is needed to facilitate the development of Chamonix Vail.
The Development Agreement outlines the general terms of the development and the obligations of the
Town and the Developer, among other important expectations and considerations. The term of the
Agreement shall be from its Effective Date until January 1, 2019. The general terms and obligations of the
Agreement include:
Town Council Meeting Minutes of April 4, 2017 Page 4
➢ A total contract price of $17,728,000.
➢ Obligations of the Developer to:
1. deliver to the Town a total of 32 townhome style units consistent with the set of plans and
specifications approved by the Town of Vail.
2. deliver the homes in accordance with the schedule outlined in the Agreement.
3. (December 2017 — March 2018)
4. cause the General Contractor to provide a payment and performance bond to secure the
construction of the development.
5. operate within an open -book environment and provide evidence of all costs, expenses and
mark-ups related to the Development.
6. pay the Town liquidated damages for failure to deliver the new homes within the schedule
outlined.
7. transfer a two year warranty for all public improvements and an assignable, one year
warranty for the private improvements.
8. procure and maintain a policy of insurance for commercial general liability and
9. builder's risk.
➢ An obligation of the Town to:
1. pay the Developer on a monthly basis for work completed.
2. accept the new homes from the Developer upon demonstrated completion consistent with the
approved plans and specifications.
Provisions for a Force Majeure event.
Upon the Effective Date of the Development Agreement, the Development Agreement shall
supercede and replace the current Pre -development Agreement.
Allowances for Soil Conditions ($36K), Modular Staging ($40K) and Excel Energy Utility
installation ($165K).
Provisions for a 5% - 15% monthly retainage
There was some discussion about the schedules provided, the deed restriction exhibit and a
proposed parking plan during construction. Triumph Development and RA Nelson
representatives were present to address the schedule and the execution of construction
contracts. They also presented the need to include both types of construction at this point as
final pricing was not yet completed. Chapin invited public input at this time. None was given.
Moffet moved approve to approve Resolution No. 10, Series of 2017, A Resolution Approving
the Chamonix Vail Development Agreement Between the Town of Vail and Triumph West, LLC;
and Setting Forth Details in Regard Thereto, with the following additions to the motion:
■ both schedules would be included as C 1 or C2
■ the documents must be executed no later than April 12, 2017
■ the agreement no longer includes Exhibit D addressing the deed restrictions
Bruno seconded the motion and it passed (7-0). Zemler acknowledged George Ruther for his
diligent work on this project and all parties were commended for bringing this project to fruition.
6.2. Ordinance No. 2, Series 2017, First Reading, Ordinance making budget adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and
Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the
said adjustments as set forth herein; and setting forth details in regard thereto
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No, 2, Series
2017
There was some discussion about the details of the General Fund savings related to salaries
from positions. Moffet moved to approve Ordinance No. 2, Series 2017, First Reading,
Town Council Meeting Minutes of April 4, 2017 Page 5
Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of
Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details
in regard thereto. Foley seconded the motion and it passed (7-0).
6.3. Award contract for design of the South Frontage Road from Vail Valley Medical Center to
Lionshead Parking Structure.
Presenter(s): Tom Kassmel, Project Engineer
Action Requested of Council: Approve Design Contract Award Background: The Town of Vail
has budgeted to reconstruct the South Frontage Road from the Vail Valley Medical Center to
the Lionshead Parking Structure in 2019. In order to coordinate the projects design with the
pending Vail Valley Medical Center and Evergreen Redevelopments, Town staff suggests
accelerating the design of the project one year so that design and construction coordination can
occur appropriately.
Staff Recommendation: Authorize the Town Manager to enter into a design contract, in a form
approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded
by the traffic impact fee fund.
Kassmel presented the project
Conceptual Tmprkiti,ernvnt flan
Funding for the project has previously been identified as shared between the Town of Vail, Vail
Transportation Impact Fees, and each development's (Vail Municipal Building, VVMC, and the
Evergreen) project level requirements to access this portion of the South Frontage Road.
Based on Council and staff discussions at the February 7th Town Council meeting regarding
this topic staff advertised a RFP for design services for the South Frontage Road design and
received two proposals:
• Felsburg, Holt, and Ullevig (FHU) $530,000
■ SGM $375,000
Town Council Meeting Minutes of April 4, 2017 Page 6
The necessary design fees can be supplemented into the 2017 budget from the existing traffic
impact fee fund, currently having a fund balance of—$950,000; and/or if desired, the funding
could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars, which are currently
budgeted for this project in 2018 & 2019, in the amount of $100k and $3.5 Million respectively.
There was some discussion about the status of the other two projects and delaying this work
until later; it was noted that VVMC would be submitting an application for redevelopment in the
near future and there was no word yet on the hotel.
Moffet moved to authorize the Town Manager to enter into a design contract, in a form approved
by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded by the
traffic impact fee fund. Foley seconded the motion. After further discussion, Moffet amended
his motion to include the expenditure with the next supplemental budget ordinance and a
requirement for future status reports; Foley seconded the motion and it passed (7-0).
6.4. Reconstruction of the Gore Valley Trail to Underpass Connection Path
Presenter(s): Tom Kassmel, Project Engineer
Action Requested of Council: Direct staff to proceed with the necessary coordination to lower
the Holy Cross Electric lines in this area to facilitate the reconstruction of the bike path.
Background: The Town has budgeted to reconstruct the bike path that connects the Gore Valley
Trail to the South Frontage Road at the newly constructed underpass. The final design requires
the overhead power lines just south of the underpass to be relocated underground. Staff
suggests the town use the Holy Cross Enhancement funds to lower these lines.
Staff Recommendation: Approve the expenditure of $50,000 from the Holy Cross Electric
Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside
condominiums to the Glen Lyon Office Building.
Kassmel noted a bid from the contractors would be presented May 2 and it was proposed the
Holy Cross enhancement fund would be used in the amount of $50K. There was not public
comment at this time. It was noted the project would require use VRI property; several
easements would required and staff would be working with VRI on this effort.
Cleveland moved to approve the expenditure of $50,000 from the Holy Cross Electric
Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside
condominiums to the Glen Lyon Office Building. Mason seconded the motion and it passed
(7-0).
6.5. Award contracts for the Vail Park Improvement Project and Ford Park Lighting Control
Project
Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect
Action Requested of Council: Direct the Town Manager to enter into construction contracts with
TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting Control Project
and with MW Golden Constructors in an amount not to exceed $516,781 for the Vail Park
Improvements project.
Town Council Meeting Minutes of April 4, 2017 Page 7
Background: The Vail Park Improvement Projects is an assembly of smaller, funded projects
which staff has bid as one construction project to improve efficiency and create economy of
scale and more advantageous contractor pricing. The work included in the Vail Park
Improvement Project includes the following projects:
Ford Park - redesign and construction of the West Betty Ford Way (W BFW) gate
Ford Park - site improvements and landscaping at the West Restroom Building
Ford Park - School House garden and patio
Ford Park — Riparian area planting Bighorn Park — access, picnic pavilion improvements and
riparian plantings
The Ford Park Lighting Control Project includes a computerized lighting control system to allow
unlimited dimming and shut-off capabilities of the existing parking lot and pedestrian path light
fixtures. The existing light fixtures were installed with the anticipation of utilizing this lighting
control system and will accept the required equipment without modification.
Oppenheimer made a review of the projects and total budget amount and the proposed
expenditures reflected below:
BuClget and Funding IMI)HUA01Is;
Budrleted Funds:
2 Forcl Park project accounts reallocated from 2016' to 2017
C.'C:F0'12 S 312..,327
RFP019 S-17c .297
2CU 7 Ford park budclet for School House garden and Softball Shelter S:300,000
Stream Bank I'Atigaticin Project (allocation of $9431K overall budget) 12.000
Total Funds i ailable for Forcl Park Projects :=.CC1,?241
Chapin asked for public input at this time and there was none given. Moffet moved to direct the
Town Manager to enter into construction contracts with TriPhase Electric in an amount not to
exceed $98,979 for the Ford Park Lighting Control Project and with MW Golden Constructors in
an amount not to exceed $516,781 for the Vail Park Improvements project. With the award of
the construction contracts by the Town Council, both projects will begin construction the first
week in May and complete the work by June 30, 2017. Foley seconded the motion and it
passed (7-0).
6.6. Slifer Square Project Update
Presenter(s): Chad Salli, Project Engineer
Action Requested of Council: Provide staff with direction
Background: Staff has identified 4 significant maintenance issues concerning Slifer Square.
These included the following:
1. Damaged storm sewer
2. Storm water being discharged into Gore Creek without treatment
3. Water leaking from the fountain
4. Corroded steel snowmelt mains.
Staff received 2 bids for the Slifer Square Repair Project, RA Nelson ($4,603,393.86) and Icon
Inc. ($4,862,821.30). Both bids are over 50% higher than the estimated construction costs of $3
million.
Town Council Meeting Minutes of April 4, 2017 Page 8
Staff Recommendation: Staff works with the consultant and contractors to re-evaluate the
current scope and priorities of the project and then re -bid the project once that evaluation and
redesign is complete.
Salli presented the item with information about the high bids that were received by the
contractors. He noted their efforts to reduce the costs with some value engineering. There was
discussion about the following:
✓ Would there be federal or state funds for the water quality improvement scope of work, i.e.
GOCO grants
✓ Important to repair the water quality issues and would the town's environmental funding be
able to support the project
✓ Rescope the project and rebid it next year
✓ The Capital Project Budget included:
❑ $150,000 in 2016 for design and engineering
❑ $1,350,000 in 2017 for construction of Slifer Square
❑ $800,000 in 2017 for the reconstruction of Meadow Drive along the Austria Haus
Options for moving forward include:
1. Award the full contract as bid and supplement the budget to cover the budget shortage.
2. Reducing the scope of the project by deferring some maintenance/repairs to a future
date.
It was suggested by Zemler to delay the project a year with consideration for it again during the
2018 budget cycle; it might be worthwhile to review the CIP budget again in light of other 2017
expenditures (Chamonix). Kassmel noted there would be other options to review and a possibly
addressing the problems on a short term (address water quality issues) and long term basis
may work as well.
Cleveland moved to defer the Slifer Plaza work and directed staff to address the pollutants of
the river and then seek for a long term approach and solutions to the other issues. Moffet
seconded the motion and it passed (7-0).
7. Public Hearings
7.1. Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title 3,
Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission
on Special Events Funding Decisions
Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on
second reading
Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of
the Vail Town Code to allow the Council to call up an appeal on a decision made by the
Commission on Special Events within 60 days rather than 10 days.
Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on second
reading
Town Council Meeting Minutes of April 4, 2017 Page 9
Chapin opened the public hearing and there were no comments. There were no changes from
first reading. Moffet moved to approve Ordinance No. 1, Series of 2017, second reading, An
Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town
Council Call Up of Commission on Special Events Funding Decisions. 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 Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 9: 30 p.m.
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Town Council Meeting Minutes of April 4, 2017 Page 10