HomeMy WebLinkAbout2019-05-21 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 21, 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 Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Citizen Participation
Carol Johnson, West Vail resident, asked council to join other communities in adopting
legislation to raise the age to purchase and use cigarettes and vaping devices from 18 to 21
years of age.
Cynthia Myers, Vail resident, also spoke to council about raising the smoking age from 18 years
to 21 years of age. Myers asked council to let the Vail voters decide by putting the question on
the ballot.
Tom Boyd, introduced himself to council as the new General Manager for the Ford
Amphitheater. Additionally, Boyd stated he would continue to serve as director of PR for the
Vail Valley Foundation.
Matt Scherr, Minturn resident, introduced himself to council as the newest Eagle County
Commissioner. He was appointed after the seat was vacated by Jill Ryan.
2. Award Recognitions
2.1. Recognize recent Housing Colorado Eagle Award given to George Ruther, Vail
Housing Director, and acknowledgement of the Vail Local Housing Authority for the Vail
InDEED Deed -Restriction Purchase Program
Presenter(s): Dave Chapin, Mayor
Background: The Town Council would like to congratulate George Ruther and the Vail Local
Housing Authority for the recent recognition by the Housing Colorado group who presented the
Eagle Award to Vail's Housing Director Mr. Ruther as well as recognized the Vail InDEED
program as one of five outstanding housing programs in the State of Colorado.
Town Council Meeting Minutes of May 21, 2019 Page 1
Housing Colorado is an industry association dedicated to working with and acknowledging
affordable housing in Colorado. The Eagle Award was established in 1990 and has come to
represent one of the highest achievements for the Colorado housing community. This
prestigious award celebrates the extraordinary accomplishments and outstanding leadership in
housing and support services. The award honors individuals, agencies, projects, and programs
that soar to new heights in their work to ensure safe, decent, affordable housing for all
Coloradans. A total of four winners were chosen from nearly 30 project, program and individual
nominations from across Colorado by an industry -diverse selection committee. The four Eagle
Awards and one People's Choice Award were presented at the 2019 Eagle Awards Ceremony
on Thursday, May 9, 2019 at the Four Season Hotel in downtown Denver.
2.2. Colorado Grand Scholarship Award Recognition
Presenter(s): Jenn Bruno, Mayor Pro Tem
Background: The Colorado Grand has offered an annual scholarship program to students
attending local schools in Eagle County. The 2019 award will be given to a senior student who
attends one of the local High Schools. Ed O'Brien, representing Colorado Grand, will recognize
the student and highlight the upcoming summer Colorado Grand program, an event that has
been in Vail for over 30 years.
Bruno introduced Ed O'Brien the Colorado Grand Colorado Grand Community Liaison and
together they presented the $8500.00 scholarship to Battle Mountain High School student
Alondra Hernandez.
2.3. Town of Vail Youth Award Recognition
Presenter(s): Dave Chapin, Mayor and Scott O'Connell
Background: The Town of Vail will recognize two local Vail students (and residents), for their
academic accomplishments, extracurricular activities (athletic, civic, performing arts) and
leadership at their respective high schools, Vail Mountain School & Battle Mountain High
School. The Town has been a supporter of this program formerly administered and funded by
the Vail Valley Exchange (no longer an active organization).
Scott O'Connell, Vail Recreation District representative, presented both juniors in high school,
Lexi Linafelter of Vail Mountain School and Owen Ruotolo of Battle Mountain High School, a
$1000.00 college scholarship each.
3. Appointments for Authorities, Boards and Commissions
3.1. Vail Local Housing Authority Appointment
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint one person to serve on the VLHA for a five-year term
ending on May 31, 2024.
Bruno made a motion to appoint James Wilkens to another five year term on the Vail Local
Housing Authority; Moffet seconded the motion passed (7-0).
Town Council Meeting Minutes of May 21, 2019 Page 2
3.2. Vail Local (Liquor) Licensing Authority Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three people to serve on VILLA for two-year term ending
May 31, 2021.
Bruno made motion to appoint Ross Cohen and Tony Herrera to two years terms on the Vail
Local Housing Authority; and Luca Bruno reappointed to a one year term or until someone else
submits a letter of interest; Moffet seconded the motion passed (7-0).
Foley stated Bob McKeown was currently out of town, but thought he might be interested in
serving on the VLLA board again.
4. Consent Agenda
4.1. Resolution No. 23, Series of 2019; A Resolution Pledging 100% Renewable Energy
for Town of Vail Municipal Electricity
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Greg Hall, Director of
Public Works, Transportation and Parks and representatives from Holy Cross Energy
Background: The Town of Vail's Environmental Sustainability Strategic Plan holds the town to a
reduction of carbon emissions of 20% by 2020 below 2006 levels. Holy Cross Energy will
present the PURE program, an energy offset program where members may purchase
renewable energy for a premium.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 23,
Series of 2019, and associated funding of $36,000 (estimated based on last 12 months kWh
usage) for wind power in the supplemental budget, offsetting over 4.6 million kWh of municipal
electricity use with renewable energy.
Langmaid made a motion to approve Resolution No. 23, Series of 2019; Mason seconded the
motion failed (4-3 Bruno, Moffet, Chapin and Foley against)
Several council members expressed concerns about the proposal. Moffet would prefer to give
the $36,000 as a last step and would prefer to see local renewables. Foley preferred 100%
hydro power. Bruno didn't think the offset should apply to town's sustainability goals. Langmaid
wanted the town get out of using coal. Coggin stated he would support the resolution but would
also like to see more action.
Foley made a motion to approve an amended Resolution No. 23, Series of 2019 the purchase
going to 100% hydro power and to not be used to offset the town's 2020 sustainability goal;
Coggin seconded the motion passed (6-1 Moffet opposed).
4.2. Resolution No. 24, Series of 2019, A Resolution Approving the Purchase of Lot 5
Bighorn 2nd Edition Known as 3785 Lupine Drive, Lot 5, Vail Colorado 81657
Town Council Meeting Minutes of May 21, 2019 Page 3
Moffet made a motion to approve Resolution No 24, Series of 2019 and to add recitals to the
resolution stating the property would be open space with no trails or other improvements;
Mason seconded the motion passed (7-0).
5. Town Manager Report
5.1. Red Sandstone Parking Structure Project Update
Presenter(s): Greg Hall, Director of Public Works & Transportation
Hall provided council an update on the repairs to the Red Sandstone parking structure stating
the weather has caused some delays completing the repairs.
6. Presentation/Discussion
6.1. Civic Area Plan Discussion
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: Staff asks Council to review the presentation and provide direction
related to the content provided by the project team.
Background: Since our last update to Council on April 2, 2019, the project team has launched
Engagement Window 2 to gain feedback on the various design concepts for each of the five
sites in the study area. Today's presentation to Council focuses on the feedback we received
from the public through surveys conducted on EngageVail.com, and input from various
stakeholder groups we have met with during Engagement Window 2. The presentation also
covers funding mechanisms available to the Town, rough estimates of cost, and market
considerations relative to the types of uses contemplated within the Civic Area.
Staff Recommendation: No recommendation is proposed from staff at this time.
Gennett, Community Development Director, spoke to council regarding a trip the group took to
Boulder to review their civic area updates and to get some ideas. Gennett reintroduced the
team.
Tom Boyd, civic area consultant, reviewed the project timeline and the focuses of the upcoming
meetings. The goal of tonight's meeting was to:
✓ Provide an update on community engagement window 2;
✓ Market Considerations;
✓ Revenue Opportunities;
✓ Order of Magnitude Estimate of Project Costs
Boyd stated Engagement Window #2 had been successful. This engagement requested
respondents to evaluate design concepts for the five sites in the study area. These concepts
included a large community space at the charter bus lot; an upgrade, rebuild or expansion of
Dobson Ice Arena; addition of a 2nd floor to the library; community space and housing at the
Lionhead parking structure; additional parking; and a new municipal building.
Engagement Window #2 showed the Vail Public Library was considered a high community
asset and had support of several potential ideas but there was minimal support for a bridge
connecting the library to Dobson Arena. Community feedback suggested strong support for
doing significant improvements at Dobson Arena. There was also support for ground level uses
Town Council Meeting Minutes of May 21, 2019 Page 4
on the south side of a potential expansion of the Lionshead parking structure and a civic
development on the charter bus lot. Opinions were mixed regarding future uses of the
municipal site.
Andrew Knudtsen, Economic Planning Systems, presented an overview on the economic and
market considerations. This included potential revenue opportunities to fund Civic Area
improvements and high-level order of magnitude cost estimates for potential improvements.
A Multi -Purpose Event space (20,000 sq. ft.) was viable due to sufficient market demand. This
could be a town -owned space or a joint venture approach. Next steps included additional
research on a joint venture scenario, testing an overall room capacity in the market and testing
the market demand for additional event space.
An additional Ice Rink/recreation Center though per industry standards there was no need for an
additional ice -rink looking at profile of users, there may be a need. An emerging "Hockey
School" might be the driver that could generate revenue for Vail Recreation District. Next steps
included:
✓ Working with Vail Recreation District to estimate O&M costs associated with an
expanded facility;
✓ Test financial model and evaluate capacity regarding capital costs for upgrade, rebuild
and expansion; and
✓ Understand ways to incorporate rec facilities as part of options.
Performing Arts opportunity exists to go larger or smaller than the Vilar Center. Next steps
included researching best ways to introduce a complementary venue and develop working
assumptions for VRD to manage a venue for groups of 4,000+.
Regarding civic needs and opportunities, Knudtsen suggested additional evaluation of space
requirements and costs associated with addressing housing needs as well an untapped
opportunity to incubate new businesses.
Next Knudtsen presented the availability of public financing mechanisms. These included:
• Urban Renewal Authority
• Downtown Development Authority
• Business Improvement District
• General Improvement District
• Special District
• Public Improvement Fee
• Dedicated Sales Tax- required voter approval
The various public financing mechanisms could generate significant revenue potential.
In reviewing preliminary cost estimated for the various scenarios, the estimated $160 million
could be funded by the public financing mechanisms presented.
Council wanted to know more about the level of community support for the scenarios presented
given the costs and to see examples of multi -use facilities that have been built elsewhere.
Public comment was called.
Laurie Mullen, representing Friends of Dobson, spoke on the group's behalf and advocated on
the need for a second sheet of ice for continuing programing.
Rick Sackbauer, wondered about the Vail experience in the civic plan.
Kristen Shelder, Vail resident, stated the hockey program was growing and advocated for the
need of more ice.
Terra Lane, reminded everyone that the Eagle ice -rink was seasonal and they really did not
have two full sheets year around
Town Council Meeting Minutes of May 21, 2019 Page 5
A figure skating parent from Gypsum stated there was a real need for more ice in the valley.
She wondered if the consulting group looked at other ski communities like Aspen and
Breckenridge who have 2 sheets of ice.
Caitlin Murray, Bravo Vail, offered their expertise to multi -use spaces for concerts and
performing arts.
7. Break (10 min.)
8. Action Items
8.1. Ordinance No. 9, Series of 2019, First Reading, Prescribed Regulations
Amendment - Separated Duplexes
Presenter(s): Erik Gates, Community Development Planner
Action Requested of Council: The Vail Town Council is asked to approve, approve with
modifications, or deny Ordinance No. 9, Series of 2019
Background: Within the TOV there are approximately 20 separated duplexes. Over time,
adherence to the Unified Architectural and Landscape Design requirement has not been
maintained on approximately 10 of them. This has resulted largely from prior Design Review
Boards not enforcing this provision of the code and has been exacerbated by staff approvals.
Because the Code, as written, requires that this criteria be met and does not allow for any
alteration that would increase the discrepancy between the structures, an exterior alteration of
any size would require that one or both of the duplexes significantly redevelop their property to
come into compliance with the Code. This results in a financial and logistical constraint that can
result in separated duplexes choosing to make no updates their architectural design.
Erik Gates, Community Development Planner, provided a brief history for the reason for code
changes. Additionally, Gates stated on April 22, 2019, the Planning and Environmental
Commission (PEC) forwarded a recommendation for approval, with the conditions that Staff
present the inventory of qualifying properties to the Design Review Board and that the Design
Review Board had final approval of the inventory and any future additions to the inventory, to
the Vail Town Council for the proposed amendment, subject to the findings noted in Section Vlll
of the staff memorandum sent to the PEC
There was no public comment
Moffet made a motion to approve on first reading Ordinance No. 9, Series of 2019, a Prescribed
Regulation Amendment to amend Section 14-10-6: Residential Development, Vail Town Code,
to add a paragraph pertaining to the unified architectural design requirement as it relates to
existing separated duplexes, pursuant to Section 12-3-7, Amendment, Vail Town Code; Coggin
seconded the motion passed (7-0).
8.2. Permission to Proceed through the Development Review Process for use of Town
of Vail owned property to construct a driveway and retaining walls, located at 4018
Willow Way.
Presenter(s): Chris Neubecker, Planning Manager
Town Council Meeting Minutes of May 21, 2019 Page 61
Action Requested of Council: The Town Council is asked to review a request to submit
development review applications (Design Review Board and Planning and Environmental
Commission) for use Town of Vail property for the construction of a driveway and retaining walls
in order to access a 45-acre parcel of land which has no frontage on a public right-of-way.
Background: The proposed driveway would facilitate access to, and development on, the 45-
acre parcel of undeveloped land, which does not have frontage on a public right-of-way. If this
applicant is unable to obtain access through Town property, they will need to seek access from
a private property, or through other existing access easements.
Staff Recommendation: The Community Development Department recommends that the Vail
Town Council deny use of Town property.
Chris Neubecker, Planning Manager, provided an overview of the permission to proceed
through the property. Neubecker stated the applicant SMF East Vail LLC are requesting
permission to construct a driveway and associated retaining walls, as well as utilities and
drainage improvements, within a proposed easement on Town of Vail property at 4018 Willow
Way (Bighorn Subdivision, Lot 10) in order to access and develop a 45-acre parcel with no
street frontage. Neubecker stated that the Community Development Department was
recommending that the Vail Town Council denied use of Town property for the following
reasons:
✓ The Town property at 4018 Willow Way was purchased to advance the Town's open
space program.
✓ The 45-acre parcel is identified in the 2018 Open Lands Plan for either acquisition by the
Town of Vail or working with the property owner on a conservation easement to
eliminate development potential.
✓ The 45-acre parcel is currently zoned Agricultural and Open Space (A); development of
the site is currently limited to one (1) single family residential dwelling up to 2,000 square
feet of GRFA.
✓ The 45-acre parcel is identified on the Land Use Plan map as open space, which reflects
the community's desire for this land.
Steven Finn, representing the applicant SMF East Vail LLC presented the development idea for
the 45 acre parcel and the access through Lot 10. Finn questioned the zoning of the property
as open space.
There was no public comment
Moffet made a motion to deny the permission to proceed through the Development Review
Process; Bruno seconded the motion passed (5-2 Foley and Mason against).
Most council agreed to uphold the 1980 council decision to keep the parcel open space and felt
the applicant had another access option to the 45 acre parcel.
Foley thought the applicant should be allowed to go through the process and would be voting
against the motion.
9. Public Hearings
9.1. Ordinance No. 8, Series of 2019, Second Reading, Ordinance adopting Prescribed
Regulations Amendment - Roof Pitches
Town Council Meeting Minutes of May 21, 2019 Page 7
Presenter(s): Ashley Clark, Planner II
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 8, Series of 2019, upon second reading.
Background: The Community Development Department is proposing to update the Vail Town
Code to add definitions related to roof pitches and respective maximum allowed heights and to
add language to regulate parapets. The legislative history for height allowances in Vail from the
original adoption of the Zoning Regulations and Design Regulations to today shows that Vail
has adjusted its codes to accommodate design trends and technology. Today, roof construction
practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many
different roof pitches, with some being more flat or sloping relative to others. This text
amendment seeks to update the existing code to provide a clear standard for fair and consistent
review of projects in Vail.
Staff Recommendation: The Vail Town Council shall approve, approve with modifications, or
deny Ordinance No. 8, Series of 2019, upon second reading.
Ashley Clark, Planner Il, confirmed there had been no changes since first reading.
Moffet made a motion to approve Ordinance No. 8, Series of 2019 on second reading; Mason
seconded the motion passed (7-0).
There was no public comment
9.2. Ordinance No. 6, Series of 2019, Second Reading, An Ordinance Granting 10 min.
a Franchise to Holy Cross Energy
Presenter(s): Greg Hall, Public Works & Transportation Director
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6,
Series of 2019 upon second reading.
Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility
Franchise Agreement since February 27, 1979. That agreement was renewed on May 4, 1999
to expire this May. The franchise fee is currently set at 3%, which is consistent with other
municipalities with whom Holy Cross Energy has franchise agreements with. The proposed
franchise agreement increases the franchise fee to 4%. The additional revenue generated from
this increase will assist with undergrounding of overhead electric and other utility lines. Public
notice requirements for franchise agreements have been met by Holy Cross.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of
2019 upon second reading.
Greg Hall, Public Works Director confirmed there were no changes since first reading.
Moffet made a motion to approve Ordinance No. 6, Series of 2019 on second reading; Coggin
seconded the motion passed (7-0).
There was no public comment.
Town Council Meeting Minutes of May 21, 2019 Page 8
9.3. Second reading of Ordinance No. 7, Series 2019, an Ordinance making budget
adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund,
Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, Dispatch
Services Fund and Timber Ridge Enterprise Fund
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series
2019
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2019
Bob Bandoni, executive director of Student's Shoulder to Shoulder, provided a brief
presentation on the Global Solution Forum event on October 23-25, 2019. Bandoni requested
$50,000 from council for this event.
Council agreed to fund the $50,000 as a signature event in council contribution.
Carlie Smith, Financial Services Manager, reviewed the changes from first reading on May 7`h
✓ More information about the mid -cycle funding application for $50,000 for the 2019
Global Solutions Forum in Vail
✓ $58,OOOTrailhead Use Taskforce to strategically address trailhead over use in Vail.
✓ $600,000 to purchase the Lupine open space parcel with Eagle County. Eagle County
will reimburse the town $300,000 or 50% of the purchase price.
✓ $200,000 contingency for the data center project. The contingency would potentially be
used to address newly identified structural issues that required a shift in the data center
location from the 2nd floor to the 1 st floor of the East Vail fire station.
Moffet made a motion to approve Ordinance No. 7, Series of 2019 on second reading with the
addition of $50,000 for the Global Solution Forum event; and 918with the $57000 for the
renewable energy; Bruno seconded the motion passed (7-0).
There was no public comment.
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 9:50
p.m.
Res ectfully Submitted,
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Town Council Meeting Minutes of May 21, Page 9
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