HomeMy WebLinkAbout2019-03-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 19, 2019
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
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was no public comment
2. Proclamations
2.1. Art in Public Places Board Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint two people to the AIPP Board for a two year
term ending March 31, 2021.
Bruno made a motion to appoint Susan Bristol and Margaret Rogers to the AIPP Board for a
two-year term each; Foley seconded the motion passed (7-0).
2.2. Design and Review Board Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint two members to serve on DRB for two-year
terms.
Bruno made a motion to appoint Doug Cahill and Peter Cope to the DRB Board for a two-year
term each; Moffet second the motion passed (7-0).
2.3. Motion to appoint three members to the Planning and Environmental Commission
(PEC)
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Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three members to serve on PEC for two-year terms.
Bruno made a motion/to appoint Brian Gillette, Karen Perez and John -Ryan Lockman to the
PEC Board for a two-year term each; Moffet seconded the motion passed (7-0).
Consent Agenda
3.1. Colorado Outdoor Recreation District Letter of Support
Moffet stated he was uncomfortable supporting the letter as he hasn't read the federal
legislation. In lieu of taking action tonight, Chapin suggested letters be sent by individual council
members who wish to follow up personally.
There was no motion.
Town Manager Report
4.1. Town Manager Report
Greg Clifton, Town Manager, provided an update on planning meetings currently taking place to
help improve the trailhead situation at Booth Falls this summer. Clifton stated there would be
more information to come.
Action Items
5.1. Holy Cross Franchise Agreement Discussion
Presenter(s): Greg Hall, Public Works Director
Background: The Town's franchise agreement with Holy Cross Energy will be expiring in May
2019. It is a 20 year agreement. Staff has been meeting with representatives with Holy Cross
to negotiate possible terms for the new franchise agreement, which should be coming to Town
Council by ordinance in April. One salient term concerns the underground of existing overhead
lines. It is largely a safety issue and an aesthetic one as well. To fund this in past years, the
existing franchise agreement provides for an enhancement fund to help capitalize these
underground projects. The fund has been insufficient as the projects are very costly. Staff is
proposing an increased revenue source, derived from the franchise fee. The enclosed memo
provides details.
Greg Hall, Public Works Director, reviewed the history of the Holy Cross Energy franchise
agreement and the proposal of raising the franchise fee from 3% to 4%. The franchise
agreement between the Town of Vail and Holy Cross Energy is nearing its renewal period. It
was a 20-year agreement that was executed in 1999. Hall stated the franchise agreements
regarding electric utilities typically deal with terms, franchise fees, relocations, undergrounding,
audits, and related. The current undergrounding project the Town had undertaken was
budgeted at $2,138,066 for 7,500 feet of undergrounding or $285/lineal feet. There were
approximately 38,000 lineal feet of overhead lines remaining in Vail. At those current costs, it
could take close to 52 years to underground the remaining lines based solely upon use of the
Community Enhancement Funds. Hall stated the funds from increasing the franchise fee from
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3%- 4% would be used to underground the remaining utility lines.
Public comment was taken.
Mark Gordon, Vail Resident, suggested using the proposed increased funding to bond against it
to accelerate the undergrounding work.
Penny Wilson, Vail Resident, agreed on getting the lines buried sooner for safety reasons.
Council members noted the increase would have a bigger impact on residents with electric heat.
Moffet made a motion to direct staff to negotiate a new 20 year franchise agreement to include
an increase in franchise fee from 3 to 4% to be adopted in April by ordinance; Foley seconded
the motion passed (7-0).
5.2. East Vail Parcel — Public Discussion of a Draft Term Sheet for Review and
Consideration. Following review and discussion of the term sheet, the Vail Town Council
is being asked to provide direction on this action item to the Town Attorney/Town
Manager.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: The Vail Town Council is asked to answer the following question
and provide direction to the Town Attorney/Town Manager on this action item:
Background: The purpose of this action item is to present the terms under consideration by the
Vail Town Council to acquire at least 40 residents- occupied, deed -restrictions in a potential
East Vail Parcel development expected to be proposed by Triumph Development. The outcome
of the Town's potential participation would result in a 100% deed -restricted development of
approximately 130 to 140, one and two bedroom, for -rent homes for Vail residents.
The purpose of this action item is not to discuss the merits of a potential development review
application for development on the East Vail Parcel. The review of a development application, if
or when submitted, will occur during the course of the development review process with the
Town of Vail Planning & Environmental Commission.
Staff Recommendation: The Town of Vail staff recommends the Vail Town Council engage in a
public discussion specific only to the proposed terms of a potential development agreement with
Triumph Development to acquire at least 40 resident -occupied, deed -restrictions on the East
Vail Parcel, if a development plan is approved by the Town of Vail Planning & Environmental
Commission. It is to be further noted, that nothing herein constitutes an approval of any
development review application by the Town of Vail's relevant reviewing agencies and the Town
of Vail cannot guarantee an approval of a development review application submitted by any
owner of real property.
Town Attorney Matt Mire was asked to clarify for the council and public the following:
• The title for the property was clear:
• Any comments regarding a future development application should be made at the
Planning & Environmental Commission and not the Town Council;
• A public vote was not possible on this matter; and
• No council member had a conflict of interest concerning this matter.
Town Council Meeting Minutes of March 19, 2019 Page 3
George Ruther, Housing Director, addressed council concerning a possible development on a
parcel owned by Vail Resorts located in East Vail. Ruther stated that Triumph Development
was currently working with Vail Resorts in purchasing the parcel for a deed restricted housing
and open space. The current zoning required at least 70% of the development to be resident
occupied, deed restricted homes for Vail residents. The Town had an opportunity to purchase
the remaining 30% to create 100% affordable housing. The terms to acquire the remaining 30%
were:
✓ Town of Vail purchases the entire +/- 23 acre East Vail Parcel from Triumph
Development for $4M.
✓ Triumph Development signs a 10-Year Ground Lease with an obligation to purchase the
+/- 5.4 acre Housing Parcel from the Town of Vail for $2.5M.
✓ On or before the end of Year 10, the Town of Vail recovers $2.5M.
✓ Town of Vail acquires up to 45 resident -occupied deed restrictions on 30% of the total
GRFA of the development.
✓ The Town of Vail retains ownership of the +/- 17.9 acre NAP Parcel.
✓ Total net investment of $1.5M yielding at least 40 deed restricted homes (30%)
Ruther noted that any action tonight did not guarantee approval of a development application for
the property by the PEC.
Public comment was called.
Charlyn Canada, Vail Resident did not support the term sheet and would rather see a sign on
the East Vail parcel stating the Town and Vail Resorts dedicated this land to the sheep.
Bobby Lipnick, who co-chairs the Eagle County Housing Task Force, said housing was needed
where people live, work and recreate. He supported a 100% deed restricted development.
Rick Smith, an executive with Vail Health, explained the difficulties in retaining employees at the
hospital due to lack of affordable housing.
An East Vail resident who manageed employee housing for Vail Mountain provided examples
about the struggles with housing frontline employees.
Ben Gilbert, Moe's BBQ, stated it was very difficult to attract and retain employees due to the
lack of affordable housing opportunities.
Trent Olson reminded council the #1 issue was housing and the front line employees could not
afford to live here. Need the housing!
Jonathan Staufer, Vail resident, did not agree with the housing being proposed on this parcel.
Staufer felt the wildlife needed protection.
Elise Howard, Vail resident, was in 100% support of 100% deed restriction housing. Howard
reiterated the need to home critical employees such as teachers and nurses.
Matt Morgan, owner of Sweet Basil, was 100% in favor of the Town acquiring 100% deed
restriction housing on the East Vail parcel. Morgan stated there had been a drop in service
levels due to lack of affordable housing.
Town Council Meeting Minutes of March 19, 2019 Page 4
Larry Stewart, Vail resident, stated the action be discussed tonight was "surreal." He questioned
the sequencing of decisions and didn't like the developer profiting from the deal. Said it's the
cart before the horse. He suggested tabling this decision until the application was submitted.
Steve Lindstrom, VLHA, was 100% in support of the terms to acquire 100% deed restriction.
Pam Stenmark, a resident of East Vail, questioned if the facts being presented were accurate.
Stenmark stated "market rate" was not affordable housing. She was concerned about the town
subsidizing housing for a profitable company.
Susan Byrd, was a 100% for deed restriction, but would like to see this topic tabled until there
was more information.
Tom Vucich is asking for more clarification from the Town Attorney regarding questions as to
conflict of interest on the Town Council.
Anne Esson urged caution in moving forward with this project. Esson stated the impacts would
be irreversible.
Betsy Kiehl, East Vail resident, thanked some Council members for answering her emails. Feel
did not agree with the parcel being used for deed restriction housing and questioned if Council
member Coggin had a conflict with this project. She reminded Council to be thoughtful and not
hastily.
Patty Marsh, Vail resident, stated the need for affordable housing was a must but there were
other options than this parcel. Marsh stated she supported housing but felt this was the wrong
location.
Gram Glass, Vail resident, asked Council to not vote yes.
Public comment was closed.
Langmaid made a motion to delay the decision of the term sheet until after the Planning &
Environmental Commission had reviewed the application, mitigation plan and an environmental
impact report had been reviewed; Foley seconded the motion passed (4-3 Bruno, Moffet and
Coggin opposed).
Mason did not feel this was the correct sequence and wanted to wait until an application had
been presented.
Some council members questioned if acquiring the 100% deed restriction prior to the application
being submitted for PEC's review would affect the board's decisions.
Moffet and Bruno did not agree with the motion and believed the PEC would base their
decisions on facts and law.
Coggin did not agree the motion because once the developer submitted their application the
Town may not have an opportunity to have 100% deed restriction.
Public Hearings
Town Council Meeting Minutes of March 19, 2019 Page 5
6.1. 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 January 16, 2019 approving a
request for a minor building addition, exterior alteration and new outdoor dining patio,
located at 100 East Meadow Drive Unit 15/1-ot O, Block 5D, Vail Village Filing 1, and
setting forth details in regards thereto. (TC19-0001)
Presenter(s): Jonathan Spence, Community Development Planner
Action Requested of Council: 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 approving a request
for a minor building addition, exterior alteration and new outdoor dining patio, located at 100
East Meadow Drive Unit 15/1-ot O, Block 5D, Vail Village Filing 1? Pursuant to Section 12-3-3,
Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or
overturn the Design Review Board's January 16, 2019, decision.
Background: The applicant originally proposed a more aggressive project that included the
construction of an elevated patio, larger proposed commercial additions and an overall
reduction in the quantity of landscaping. This proposal under went a preliminary review where a
number of concerns have been expressed by various Town departments and an outside urban
design consultant engaged to review the proposal with respect to adopted plans, including the
Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design
Considerations. These concerns were largely focused on pedestrian safety resulting from the
removal of any refuge for pedestrians resulting from the proximity of the improvements to bus
travel way. The loss of valuable, mature landscaping was also identified as a concern.
Staff Recommendation: Should the Vail Town Council choose to uphold the determination of the
Town of Vail Design Review Board, the following statement is recommended: "The Vail Town
Council finds as follows: The Vail Town Code was properly applied in regard to the January 19,
2019 Design Review Board approval of DRB17-0390. Furthermore, the project consisting of a
minor building addition, exterior alteration and new outdoor dining patio, located at 100 East
Meadow Drive Unit 15/1-ot O, Block 5D, Vail Village Filing 1, is consistent with Title 14,
Development Standards, of the Vail Town Code."
Jonathan Spence, Planner, reviewed the appeal with council. The applicant originally proposed
a more aggressive project that included the construction of an elevated patio, larger proposed
commercial additions and an overall reduction in the quantity of landscaping. The proposal
under went a preliminary review where a number of concerns had been expressed by various
Town departments. Spence stated those concerns were largely focused on pedestrian safety
resulting from the removal of any refuge for pedestrians resulting from the proximity of the
improvements to bus travel way. The loss of valuable, mature landscaping was also identified
as a concern. The appellants, adjacent Village Inn Plaza Phase V property owners, expressed
the following concerns in their appeal:
✓ The failure of the DRB members to review comments prior to vote
✓ The pedestrian access being more narrowed on E. Meadow Dr.,
✓ The fundamentally flawed process
✓ The scope and scale of the patio area
✓ The quality of guest experience
Town Council Meeting Minutes of March 19, 2019 Page 6
Council asked how the safety concerns addressed. Spence explained the patio was pulled back
and Public Works engineer Tom Kassmel signed off on the new plans.
Richard Liebhaber, appellant, expressed his concerns on pedestrian safety and the negative
impacts would have on property owners. Liebhaber stated the approval process did not include
the impact the development would have on property owners such as the odors and noise from
the restaurant.
There were no further comments.
Foley made a motion to uphold the Design Review Board approval of DRB17-0390; Moffet
seconded the motion passed (7-0).
10. Adjournment
There being no further business to come before the council, Moffet moved to adjourn the
meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:28
p. M.
Respectfully Subpitted
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