HomeMy WebLinkAbout2019-06-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 4, 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:
Staff members present:
Citizen Participation
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Joe Staufer, Vail Resident, recommended the Town purchase the parcel of land Vail Resorts
owns in East Vail for a wildlife habitat for the bighorn sheep.
Charles Townsend was excited to share with Town Council he had rented the art space in the
Vail Cascade to open his new business Mountain Art Collective; which will provide a location for
artist to display their work; offer dance and network.
Sue Dugan, Vail resident, has a deed restriction on her house that she would like removed.
Dugan stated there has no stove, microwave or other heating devices in the unit and per her
deed restriction if she does not have these devices in her unit she could remove the deed
restriction. Dugan requested council to remove the deed restriction. Chapin confirmed Dugan
was the only person living in her residence.
Mike Imhof, President of Vail Valley Foundation, thanked the council for their partnership and
was excited to announce the kickoff of 2019 GoPro Mountain Games this coming weekend.
2. Consent Agenda
2.1. May 7, 2019 Town Council Meeting Minutes
Moffet made a motion to approve the May 7, 2019 Town Council meeting minutes; Mason
seconded the motion passed (4-0 Langmaid recused and "Coggin absent from the vote).
2.2. May 21, 2019 Town Council Meeting Minutes
Town Council Meeting Minutes of June 4, 2019 Page 1
Moffet made a motion to approve the May 21, 2019 Town Council meeting minutes; Foley
seconded the motion passed (6-0 "Coggin absent from vote).
2.3. Holy Cross Energy Bridge Road Agreement
Background: The Bridge Road Bridge Replacement project requires relocation of existing Holy
Cross Energy infrastructure from the existing bridge structure to the new bridge structure. Holy
Cross Energy requires an executed Trench, Conduit and Vault agreement for this work to be
performed.
Moffet made a motion to approve the Holy Cross Energy Bridge Road Agreement; Foley
seconded the motion passed (6-0 "Coggin absent from vote).
2.4. Letter of Support for Mountain Travel Symposium
Moffet made a motion to send a letter of support for Mountain Travel Symposium; Bruno
seconded the motion passed (6-0 `*Coggin absent from vote).
2.5. Resolution No. 25, Series of 2019 A Resolution approving an Intergovernmental
Agreement between the Town of Vail and Eagle River Water and Sanitation District for
the Gore Valley Trail at Dowd Junction Repair Project
Background: The town and ERW SD entered into an IGA in 2015 for the design of streambank
stabilization along Gore Creek in Dowd Junction.
The design project has now moved into the construction phase. A new IGA for construction of
the streambank stabilization now needs to be entered into, in order to implement the project. i
Moffet made a motion to approve Resolution No. 25, Series of 2019 and directed the Town J
Manager to enter into an agreement with Eagle River Water and Sanitation District; Mason
seconded the motion passed (6-0 "Coggin absent from vote).
2.6. Dowd Junction Streambank Stabilization Contract Award to Whinnery
Construction in an amount not to exceed $542,320.
Background: The town and ERWSD have publically bid a joint Dowd Junction streambank
stabilization project in order to protect the Dowd Junction bike path and sewer main that runs
beneath it. The project is anticipated to begin in August 2019
Moffet made a motion to award the Dowd Junction Streambank Stabilization Contract to
Whinnery Construction and for it to not exceed $542,320; Bruno seconded the motion passed
(6-0 "Coggin absent from vote).
Town Manager Report
3.1. Vail Commons Resale Lottery Results
There were no questions regarding the memo.
4. Presentations / Discussion
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( 4.1. Presentation of the 2018 Audited Financial Statements.
Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and
Associates
Action Requested of Council: For information only.
Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit
shall be made of all town accounts at least annually. The audit shall be conducted by certified
public accountants and made available for public inspection at the municipal building. The 2018
audit was conducted by McMahan and Associates, LLC.
Kathleen Halloran, Finance Director along with Michael Jenkins, McMahan and Associates,
provided an overview of the town's audited 2018 financial statements along with a report that
indicated the town was in a very strong financial position noted by an increase in overall fund
balances for general fund (operating), capital projects fund, and real estate transfer tax fund. A
brief recap of the town's debt financing was made on the Vail Reinvestment Authority monies.
And finally there was a projection made on the town's fund balance which reflects healthy
reserves (minimum of 30%). Halloran reported in 2018:
✓ General Fund was favorable to budget by $5.1 M
✓ Capital Projects Fund managed $30AM in projects
✓ Real Estate Transfer Tax Fund managed $4.3M in projects; and
✓ $2.6M operations
Council thanked Halloran and Jenkins on the information they presented.
5. Public Hearings
5.1. Ordinance No. 4, Series of 2019, Second Reading, an Ordinance Amending
Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to
Remove the Dwelling Units per Acre Maximum While Maintaining the Existing
Dimensional Standards Including GRFA and Building Height in the Lionshead Mixed Use-
1 Zone District.
Presenter(s): Chris Neubecker, Planning Manager, Community Development
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 4, Series of 2019, upon second reading.
Background: The proposed change to the density maximum in Lionshead Mixed Use-1 zone
district will encourage redevelopment of properties in the Lionshead area, as recommended in
the Lionshead Redevelopment Master Plan.
Staff Recommendation: The Community Development Department recommends approval of
Ordinance No. 4, Series of 2019 on Second Reading.
Chris Neubecker, Planning Manager, reviewed Ordinance No. 4, Series 2019 with council
stating the ordinance would amend Vail Town code to remove the dwelling units per acre
maximum while maintaining the existing dimensional standards including GRFA and building
height in the Lionshead Mixed Use-1 (LMU-1) zone district. Neubecker stated on January 28,
Town Council Meeting Minutes of June 4, 2019 Page 3
2019 the Planning and Environmental Commission (PEC) forwarded a recommendation of
approval of the proposed text amendment to the Vail Town Council.
Dominic Mauriello, spoke on behalf of the Applicant, Treetops Homeowners Association, stating
the proposal text amendment was to allow dwelling units to be developed in the same manner,
limited only by building height, site coverage limitations, setback requirements, GRFA
allowances, and landscape area provisions. That the analysis that had been done by Eagle
River Water and Sanitation District and the Town of Vail Public Works, concluded that this
amendment would be a positive change for the Lionshead area, it would encourage
redevelopment, and could be accommodated without significant impacts to wastewater
treatment and traffic. Mauriello went onto say the proposed density language would create
flexibility to redevelop and make lionshead a better place.
Public comment has been called
Jeff Babb, Lionshead Center Association, supports this modification especially since the original
footprint of a building does not change.
Mike Johnson, President of Treetops, wants to maximize the use of the building with larger units
and asked council to approve the code amendments.
Peter Knobel, Vail Resident, supports the amendment which would allow developers to
maximize the building spaces inside.
Bill Pierce stated the size of the cake stays the same it's the size of the pieces that would
change.
Moffet made a motion to approve Ordinance No. 4, Series of 2019 upon second reading based
upon the review of the criteria outlined in Sections VI I of the Staff memorandum to the Planning
and Environmental Commission dated January 28, 2019 and the evidence and testimony
presented, the Vail Town Council finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and is compatible with
the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment 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; Bruno seconded
the motion passed (6-1 Foley opposed" 6:43pm Coggin returned to meeting)
5.2. Ordinance No. 9, Series of 2019, Second Reading, Prescribed Regulations 5 min.
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
Town Council Meeting Minutes of June 4, 2019 Page 4 J
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.
Matt Gennett, Community development Director, confirmed there were no changes since the
first reading.
There was no public comment.
Moffet made a motion to approved Ordinance No. 9, Series of 2019 upon second reading;
Bruno seconded the motion passed (7-0).
6. Adjournment
There being no further business to
meeting; Foley seconded the m
Attest:
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Town Council Meeting Minutes of June 4, 2019
the council, Moffet moved to adjourn the
d (7-0) and the jdjourned at 7:15p.m.
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