HomeMy WebLinkAbout2018-05-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 15, 2018
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
Staff members present:
1. Citizen Participation
2. Scholarship Award Presentation
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
2.1. Recognize Colorado Grand Event and Colorado Grand Scholarship Award
Presentation
Presenter(s): Jenn Bruno, Mayor Pro Tern
The Colorado Grand has offered an annual scholarship program to students attending local
schools in Eagle County. The 2018 award will be given to a senior student, Juan Macias, who
attends Battle Mountain High School. Ed O'Brien, representing Colorado Grand, will recognize
the student and highlight the upcoming summer Colorado_ Grand program, an event that is in
their 30th year.
2.2. Town of Vail Youth Recognition Awards
Presenter(s): Scott, O'Connell, Jenn Bruno, Mayor Pro Tern
The Town of Vail will recognize two local Vail students (and residents), Jason Macaluso, Battle
Mountain High School, and Sarah Evans, Vail Mountain School, who will be recognized for their
academic accomplishments, extracurricular activities (athletic, civic, performing arts) and
leadership at their respective high schools. The Town has been a supporter of this program
formerly administered and funded by the Vail Valley Exchange (no longer an active
organization). The two schools submit the nominations for consideration by the selection
committee (Mayor Pro Tern and Mr. O'Connell).
3. DRB / PEC UPDATE
Town Council Meeting Minutes of May 15, 2018 Page 1
3.1. DRB / PEC Update
Presenter(s): Chris Neubecker, Planning Manager
4. Consent Agenda
4.1. Resolution No. 15, Series of 2018, A Resolution Approving a Lease Agreement
Between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard
Thereto
Moffet moved to approve Resolution No. 15, Series of 2018, A Resolution Approving a Lease
Agreement between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard
Thereto. Foley seconded the motion and it passed (7-0).
4.2. Resolution No. 16, Series of 2018, A Resolution Approving a Lease Agreement
Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in Regard
Thereto
Moffet moved to approve Resolution No. 16, Series of 2018, A Resolution Approving a Lease
Agreement Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in
Regard Thereto; Foley seconded the motion and it passed (7-0).
4.3. Resolution No. 19, Series of 2018, A Resolution Appointing the Pete Seibert
Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 19, Series of 2018, A Resolution Appointing the Pete
Seibert Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto; Foley
seconded the motion and it passed (6-1; Moffet opposed).
4.4. Street Names Signs Replacement Project Contract Award
Moffet moved to approve the Street Names Signs Replacement Project Contract Award; Bruno
seconded the motion and it passed (7-0).
4.5. Minutes from April 17, 2018 meeting
Moffet Minutes from April 17, 2018 meeting; Foley seconded the motion on it passed (6-1;
Bruno abstained).
5. Town Manager Report
Clifton presented an update about fire department personnel being deployed in Texas, a grant
funding request, and that McKenny and Henninger would serve in the lead while he was out on
vacation the last two weeks of May 25, 2018.
6. Public Hearings
6.1. Pepi's Restaurant / Gasthof Gramshammer Appeal
Presenter(s): Chris Neubecker, Community Development Director
Town Council Meeting Minutes of May 15, 2018 Page 2
Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal
The Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review
Board's decision of April 18, 2018.
Background: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for
replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also
replaces the existing awnings on the south porch in a matching design or color, located at 231
Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards
thereto. (TC18-0001) An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request
for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also
replaces the existing awnings on the south porch in a matching design or color, located at 231
Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards
thereto. (TC18- 0001). The applicant has requested a Design Review Board permit for
replacement of the yellow and white striped tent at Pepi's Restaurant. On April 18, 2018 the
Design Review Board approved the request upon the condition that the Applicant also replace
the awnings on the patio with the same design and color.
Staff Recommendation: The Community Development Department recommends that the Town
Council uphold the decision of the Vail Design Review Board.
Mayor opened the public hearing for the appeal of the matter referenced above. The question
to be answered by the Vail Town Council regarding this appeal is:
Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design
Review Standards and Guidelines, properly applied in the decision to approve a request for
replacement of the patio tent at Gasthof Gramshammer/ Pepi's Restaurant upon the
condition that the Applicant also replace the existing awnings on the south porch in a
matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village
Filing 1?
Please review the packet materials for the timeline on the topic considered.
• On April 19, 2018 the appellant submitted a formal letter of appeal concerning the DRB
decision of April 18, 2018. (DRB18-0127) In the appeal letter (Attachment A), Gasthof
Gramshammer / Pepi's Restaurant argues that the requirement of the Design Review Board to
change the color of the awnings to match the yellow and white striped tent would be unattractive
and would not do justice to the Gasthof Gramshammer Lodge. In the appeal letter, the appellant
argues that the existing brownish -orange awnings are compatible with the color of the wood
balcony above the awning.
Presentation by staff:
Chris Neubecker, Interim Community Development Director, presented the information, see
background above.
Presentation by the appellate:
Sheika Gramshammer, owner and operator of the hotel, presented her basis for the appeal.
Closing comments by staff:
Neubecker noted that DRB has been consistent with its request and that there is some flexibility
built into the code .
Comments by appellate's witness:
Town Council Meeting Minutes of May 15, 2018 Page 3
Ron Byrne, resident, spoke in support of the applicant's appeal; he preferred the awning remain
as is.
Town Council Comments:
■ Foley noted he was not supportive of stripes for both awnings, did stop by the hotel to
observe the current color scheme and prefers that it remain..
■ Langmaid noted her support similar to Foley's support.
■ Mason noted her support of the awnings now.
• Chapin spoke about the guiding documents and would support the awning remain as is.
■ Moffet noted his preference that an appeal should have been heard on the July 2016
decision and not this one, would support the current awnings.
■ Bruno supported both what the others have shared, the current awning and a preference
that the applicant should have followed procedures the first time round.
■ Coggin sided with DRB's decision and would not support overturning their decision.
Foley moved that pursuant to Section 12-3-3, Appeals, Vail Town Code, The Vail Town Code
was not properly applied in regard to the April 18, 2018 Design Review Board conditional
approval DRB18-0127. Furthermore, the Vail Town Council finds that the use of a yellow and
white striped tent on the tent and the brownish -orange awnings on the patio are compatible with
the existing design of the building, and are compatible with the Vail Village Urban Design Guide
Plan — Design Considerations, and Title 12, Zoning Regulations, of the Vail Town Code, located
at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and noted that the Town Council
hereby overturns the decision of the Design Review Board concerning the application for
replacement of the tent and removing a condition of approval with application DRB18-0127
regarding the requirement of matching colors on the tent and awnings, located at 231 Gore
Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and that the Vail Town Council hereby grants
the requested Design Review Board application, as originally submitted by the applicant to the
Town of Vail.". Langmaid seconded the motion and it passed (6-1; Coggin opposed).
6.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title
12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning
Wireless Service Facilities
Presenter(s): Justin Lightfield, Planner
Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town
Code with state and federal requirements. These regulations will continue to allow the location
of wireless service facilities in the Town while protecting the public health, safety, and general
welfare of the community. These regulations will also require the Town to continue to act on
applications for the location of wireless service facilities within a reasonable time, will continue
to encourage co -location of wireless service facilities, and will continue to prevent unreasonable
discrimination among providers of functionally equivalent services. The Town of Vail Community
Development Department worked with Town Attorney to develop a comprehensive ordinance in
conjunction with the most recent state and federal regulations.
Staff Recommendation: Staff recommends tabling this item to the June 19, 2018 Town Council
meeting.
Moffet moved to table Ordinance No. 8, Series of 2018, Second Reading, An Ordinance
Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12,
Concerning Wireless Service Facilities. Foley seconded the motion and is passed (6-0).
Town Council Meeting Minutes of May 15, 2018 Page 4
7. Action Items
7.1. Exploratory Discussion for Survey Concerning Natural Area Preservation
Rezoning (Middle Creek Subdivision)
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Does the Vail Town Council authorize the expenditure of up to
$7,500 to complete a more in depth analysis of the Tract A, Middle Creek Subdivision property
to obtain additional objective information and data?
Background: On April 17, 2018, the Vail Town Council instructed staff to return to a future Town
Council meeting with an estimated cost to obtain more in depth objective information on the
property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the
next level of information.
Staff Recommendation: If the Vail Town Council wishes to better understand the feasibility of
residential development on the property in question, the town staff recommends the Town
Council authorizes the expenditure as requested to obtain additional objective information and
data.
Moffet moved to table this item until the next meeting because of some technical difficulties
(memo was not included in their materials); Foley seconded the motion and it passed (7-0).
Jen Mason left the meeting at this time (approximately 7:30 p.m.)
7.2. Town of Vail Annual Resale Lottery Criteria Process — VLHA recommendation to
Vail Town Council
Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair of the Vail Local
Housing Authority
Background: The purposes of this agenda item are four -fold:
1. share the adopted Town of Vail Annual Resale Lottery Criteria Process,
2. summarize the Vail Town Council member's feedback from the public meeting held on April
17th,
3. present the recommendation of the Vail Local Housing Authority for amendments,
improvements and enhancements to the criteria and lottery process consistent with the
goals and objectives outlined above, and
4. outline the next steps for implementation of an amended process once adopted by the Vail
Town Council.
Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council
instructs the Town's Housing Department to take the steps necessary to implement the
amendments to the Town's resale lottery process as outlined in the staff memorandum.
Ruther presented the housing lottery process topics for discussion. Steve Lindstrom, VLHA
Chairman, was present to review the recommendations, outlined in the memo, and as follows:
1. Clearly define and adopt goals and objectives for the Town's lottery criteria and process.
Town Council Meeting Minutes of May 15, 2018 Page 5
2. Allow current residential property owners, including vacant residential land, to participate in
the lottery with the understanding that they must either 1) deed restrict their current residential
property for employee housing, subject to Town Council approval, or, 2) dissolve their interest in
the real estate prior to closing on the new deed -restricted property.
There was a great deal of discussion about this item; Clifton encouraged careful consideration
in revising this lottery regulation too quickly as there may be some public perception issues with
changing it. There was consensus to allow property owners to participate in the lottery;
however, existing property would need to be deed restricted at the time of closing.
3. Phase out the weighted preference and tiered system and replace it with a true lottery
process with preference, effective July, 2018.
As an alternate option, replace the current system with a point system of preference that
increases the probability that certain categories of persons (i.e., Vail residency, Vail business employee)
are selected over another, yet still maintains an opportunity for all participating to be selected. To that
end, the Vail Local Housing Authority recommends the following point system
• ❑ Meet minimum lottery participation criteria = 1 lottery ticket
■ ❑ Vail resident = 1 lottery ticket
• ❑ Vail resident for equal to or greater than 10 years = 1 lottery ticket
• ❑ Employed in Vail = 1 lottery ticket
■ ❑ Employed in Vail for equal to or greater than 10 years = 1 lottery ticket
Generally speaking the lottery ticket system proposed was supported. Next steps on the topic
included an additional discussion on June 5 with review of an administrative lottery process
followed by adoption on July 3. The current master lottery list will remain in place until the new
process is adopted. Public comment was invited and none was made.
7.3. Resolution No. 18, Series of 2018, A Resolution Approving an Amended and
Restated Development Agreement Between the Town of Vail and Vail Clinic; and Setting
Forth Details in Regard Thereto
Presenter(s): Matt Mire, Town Attorney and Tom Kassmel, Town Engineer
Background: The Town must ensure that certain obligations of VVMC are met as the hospital
completes the West Wing and begins redevelopment of the East Wing. To that end, WMC is
prepared to commit to the obligations in a Development Agreement, to demonstrate its
commitment to the entire redevelopment.
Town Attorney Matt Mire presented Resolution No. 18 as the Development Agreement between
Town of Vail and Vail Health. Tom Braun, Braun & Associates, and Craig Cohn, Vail Health,
were present to answer questions. There was brief discussion about Section 3 which
addresses the public and project improvements. Mire described the costs covered by the town,
which covers the construction of the bus stop, see below:
Town Council Meeting Minutes of May 15, 2018 Page 6
Public and Project Improvements.
a. Public Improvements. In addition to VVMC's other obligations under this
Agreement, VVMC shall construct and install the public improvements required for the
Project in accordance with the applicable ordinances, codes and regulations and as
described in Exhibits 0-1, D-2, D-3 and D-4 attached hereto and incorporated herein
by this reference and more fully discussed in this Section 3.a below (the "Public
Improvements"), Construction of the Public Improvements shall be substantially
completed prior to the issuance of the first certificate of occupancy for the East Wing. All
references in this Agreement to VVIVIC maintaining a Public Improvement shall mean
maintaining such Public Improvement until such time as it- is accepted by the Town, in
accordance with applicable Town ordinances and regulations. Notwithstanding the
foregoing, VVMC shalt maintain landscaping and sidewalks up to the curb line of the
adjacent streets pursuant to Town Ordinances and regulations. The Public
Improvements include. without limitation, improvements to South Frontage Road and
West Meadow Drive, as follows. -
There was no public comment on the matter. Moffet moved to approve Resolution No. 18,
Series of 2018, A Resolution Approving an Amended and Restated Development Agreement
Between the Town of Vail and Vail Clinic; and Setting Forth Details in Regard Thereto; Bruno
seconded the motion and it passed (6-0).
7.4. Vail Nature Center Update and Request for Funds
Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect
Action Requested of Council: Approve a supplemental budget in the amount of $95,500 for the
VNC project bring the total current budget to $151,000.
Background: The purpose of this discussion is to request supplemental budget funding by the
Town Council for the continued on -going work on the Vail Nature Ceriter (VNC) short-term
actions intended to allow continuation of the VNC programming by the Walking Mountains
Science Center. The total estimated cost of the short-term actions is approximately $151 K. The
current fund balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a
projected budget shortfall of $95,500.
Todd Oppenheimer presented the request for funding, described above, and to be included in
the town's next supplemental budget ordinance scheduled for consideration on June 19. There
was some discussion about the logistics of the project, placement of the yurt, and parking.
Foley noted his support that the town remove the VRD from the arrangement of providing the
programming. Moffet moved to approve a supplemental budget in the amount of $95,500 for
the VNC project bring the total current budget to $151,000; Bruno seconded the motion and it
passed (6-0). There were no public comments.
7.5. Renewal of TIGA Transit Advertising Agreement
Presenter(s): Greg Clifton, Town Manager and Matt Mire, Town Attorney
Background: Current advertising agreement renewal date is May 30, 2019. Per Council's
request, this amended contract will renew for a period of three years.
Town Council Meeting Minutes of May 15, 2018 Page 7
Moffet recused himself at this time due to a conflict of interest as TIGA Advertising is his
company. There was a brief discussion highlighting the revisions to the agreement, i.e. the
renewal terms, the timing of payments due, the penalties and interest amounts, and further
updates made to ensure compliance with state statutes about contracts and agreement. There
was no public input. The Town Attorney noted that the contract arrangement is about the
vendor paying the Town of Vail and not the Town of Vail paying the vendor. Bruno moved to
approve TIGA Transit Advertising Agreement with a renewal date of 5/30/19. Foley seconded
the motion and it passed (5-0). No public comments were heard on this topic.
There being no further business to come before the council, Foley moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned
at 8:45 p.m.
Attest:
Pat y en y, To erk
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Respectfully Submitted, '
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Town Council Meeting Minutes of May 15, 2018 Page 8