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HomeMy WebLinkAbout2020-06-20 Town Council MinutesVail Town Council Meeting Minutes Tuesday, June 2, 2020 6:00 P.M. Due to the Town's Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the meeting was held with virtual access provided through Zoom. 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 Kim Langmaid, Mayor Pro Tern Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar (joined virtually via Zoom) Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Citizen Participation There was no public comment. Foley offered condolences to the families of Connie Knight and Wolf Mueller, who recently passed away. Both were long time locals. 2. Consent Agenda 2.1. Resolution No. 20, Series of 2020, A Resolution approving a Care Act Grant, Phase I Contract with the Colorado Department of Transportation Background: This is the first of two CDOT grants that are a part of the Federal CARES Act. It is designed to help fund transit operating and administrative costs to mitigate the impact of the COVID 19 response Foley made a motion to approve Resolution No. 20, Series of 2020; Coggin seconded the motion passed (7-0). 2.2. Resolution No. 21, Series 2020, A Resolution approving a Contract Letter, a Trench, Conduit, and Vault Agreement, and an Underground Right -of -Way Easement with Holy Cross Energy Background: The Town received a federal grant to upgrade the power at the Public Works facilities in order to accommodate the power needs of charging stations for electric buses. In order to move forward with the work the town must contract with Holy Cross Energy (HCE), Town Council Meeting Minutes of June 2, 2020 Page 1 expand the existing Holy Cross Energy easement, and enter into a Trench, Vault, and Conduit Agreement with HCE. Staff Recommendation: Staff recommends that the Town Council approves the Town Manger to enter into a contract with HCE, approves the expansion of the HCE easement, and approves the Holy Cross Energy Trench, Conduit and Vault Agreement by approving Resolution No. 21 Series 2020. Foley made a motion to approve Resolution No. 21, Series of 2020; Coggin seconded the motion passed (7-0). 2.3. Resolution No. 22, Series of 2020, A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2020 Through December 31, 2020. Background: See attached memo. Staff Recommendation: Approve, approved with amendments or deny Resolution No. 22, Series of 2020. Foley made a motion to approve Resolution No. 22, Series of 2020; Coggin seconded the motion passed (7-0). 2.4. Resolution No. 23, Series 2020, a Resolution approving a Revocable License Agreement with the Colorado Department of Transportation for the Construction and Maintenance of a Deer Fence Background: CDOT is in the process of improving the wildlife fence in Dowd Junction as a part of the on -going asphalt overlay project. In order to make these wildlife fence improvements CDOT is requesting to install wildlife fence within town property in Dowd Junction and receive a Revocable License Agreement to install and maintain it. Staff Recommendation: Approve Resolution No. 23, Series 2020 - CDOT Wildlife fencing Revocable License Agreement Foley made a motion to approve Resolution No. 23, Series of 2020; Coggin seconded the motion passed (7-0). 2.5. Resolution No. 24, Series of 2020, A Resolution of the Town Council Extending the Declaration of a Local Disaster Emergency 2.6. Forethought Fiber Optic Utility Easement Background: Forethought, a fiber optic network provider, is requesting to install underground fiber optic cable to the Antler's Hotel across town property in Lionshead. Staff Recommendation: Approve Fiber Optic Utility Easement Foley made a motion to approve Resolution No. 24, Series of 2020; Coggin seconded the motion passed (7-0). Town Council Meeting Minutes of June 2, 2020 Page 2 2.7. Vail America Days Agreement for Event Funding Background: Highline Sports and Entertainment has been awarded $67,500 to produce the Vail America Days activities including the American Days Parade. This years parade will be operated in a new and creative way to support social distancing practices. Highline Sports and Entertainment has already been working in good faith on the planning of the annual July 4th event. Staff Recommendation: Approve the Town Manager to enter into an agreement on a form approved by the Town Attorney, with Highline Sports and Entertainment for the production of Vail America Days in an amount not to exceed $67,500. Foley made a motion to authorize the Town Manager to enter into an agreement with Highline Sports and Entertainment not to exceed $67,500; Coggin seconded the motion passed (7-0). 3. Town Manager Report There was no report from the Town Manager. Mayor Chapin noted the afternoon meeting ran late and there were a few afternoon agenda items which council did not get the opportunity to discuss. Those agenda items were quickly presented: • DRB/PEC Update Council had no call ups. • Matters from Mayor, Council and Committee Reports ■ Stockmar complemented community members for a peaceful Black Lives Matter march over the weekend. He also expressed concern of a significant economic recession. ■ Foley complimented the library staff for helping patrons with materials pick up and other services the library has provided during COVID-19. Additionally, Foley asked staff to provide follow ups to questions that have been emailed to Council regarding sensitivity training by PD, summer parking & conflict of interest rules for council. Robson stated staff had recommended suspending paid overnight parking for the summer in the structures due to reduced volume of visitors and payroll costs. Staff would be ready to provide more information on other topics at upcoming meetings. ■ Langmaid noted her participation in a quarterly meeting of the Climate Action Collaborative. Transportation had replaced buildings as being the biggest local contributors of greenhouse gases. ■ Chapin inquired when the temporary East Vail wildlife fence would be coming down. He also shared a suggestion from a resident to implement a bicycle dismount zone in Vail Village. ■ Bruno asked for an update on the 106 lawsuit challenging approval of the Booth Heights development at the next meeting. She suggested scheduling a work session to discuss the inventory of houses in the community. She also suggested the idea of a hammock garden - might be a great way to social distance and create an interesting spot in the village. ■ Mason thanked the Public Works crew and the entire community for doing all they can to create a safe and vibrant place. Town Council Meeting Minutes of June 2, 2020 Page 3 ■ Coggin inquired about ways to improve the wetlands area near the mini golf area in Lionshead. He also expressed concern about the town's process to address encroachment requests. ■ Council noted for people to be aware there is a mother moose and baby moose in the Lionshead area 4. Action Items 4.1. First Reading of Ordinance No. 7, Series 2020, an Ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Marketing Fund, Dispatch Services Fund, and Heavy Equipment Fund Presenter(s): Carlie Smith, Financial Service Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series 2020. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2020. Smith presented an overview of Ordinance No. 7, Series of 2020. Smith stated the majority of the supplemental was a reflection of budget impacts for the "Crisis" phase of the town's recession plan in response to COVID-19. In this phase the town's revenues are projected to drop a total of $15.3 million, or a 21 % percent reduction from the original budget. ✓ General Fund: would be adjusted by a decrease of $5,101,319, offset by $1,347,000 in Transit CARES grant proceeds and expenditure reductions of $1,895,319. Staff was also proposing to use $2.OM of reserves. The adjustments would result in net deficit of $6.5 million and an estimated ending fund balance of $29.8 million, or 68% of normal annual revenue streams. Smith noted Council's directive was a minimum of 35% reserve balance. ✓ Marketina Fund: staff proposed an estimated 30% ($864,365) reduction in spending on special events across both the Commission on Special Events and Council funded events. Staff was working with event producers to reassess opportunities for newly imagined ways to draw visitation within the guidelines of public health orders. Smith noted events would be reassessed based on estimated in -town visitation, enhanced guest experience and the projected sales and lodging tax revenue to be generated. Council expressed concern on the 30% reduction. Smith reassured the dollars would still be used towards promoting economic development within the villages. ✓ Capital Proiects Funds: The Capital Projects Fund reflects a decrease in sales tax of $1,888,000 from the amended budget. This was a total decrease in sales tax revenue of $5,463,000 under the "Crisis" level of the town's recession plan. The adjustments resulted in an estimated ending fund balance of $23.8 million. ✓ Real Estate Transfer Tax Fund: Smith reviewed the reductions in the RETT fund which included $195,848 in salary and benefits in the environmental and parks departments for staffing vacancies and reduced summer seasonal services. The adjustments resulted in an estimated ending fund balance of $11.5 million. ✓ Heavv Eauipment Fund: will reflect fuel savings of $17,050 from the reduction of summer bus service. These savings will be offset by a decrease in the interfund agency Town Council Meeting Minutes of June 2, 2020 Page 4 transfer from the General Fund. The Heavy Equipment Fund will also reflect savings of $83,135 from vehicle purchases ($20,835) and deferring the replacement of trailer ($62,300) until 2021. The adjustments resulted in an estimated ending fund balance of $1.8 million. There was no public comment. Council had no further comments. Foley made a motion to approve Ordinance No. 7, Series of 2020 upon first reading; Coggin seconded the motion passed (7-0). 5. Public Hearings 5.1. Ordinance No. 2, Series of 2020, First Reading, An ordinance for the rezoning of a portion of the property located at 366 Hanson Ranch Road/Lot 1, 366 Hanson Ranch Road Subdivision. The proposed rezoning would change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and setting forth details in regard thereto. (PEC19-0022) Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 2, Series of 2020, upon first reading. Background: The applicant, VailPoint LLC, represented by Sarah J Baker PC., is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of the property located at 366 Hanson Ranch Road/Lot 1, 366 Hanson Ranch Road Subdivision. The proposed rezoning would change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Staff Recommendation: The Planning and Environmental Commission held a public hearing on the zone district boundary amendment on March 9, 2020 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Gillette and Perez opposed). Stockmar recused himself from this item after discussion with the Town Attorney Spence provided a brief history on the zoning of the property and background on the PEC meetings regarding the application. Additionally, Spence noted he would not being reviewing the criteria with council but asked if they had any questions. There were none. Sarah Baker, representing VailPoint LLC the applicant, clarified this was the first time this zoning application had come before council. Baker reviewed the size of the lot and the fenced area of 366 Hanson Ranch Road compared to other Vail properties with the similar lot sizes and the type of business that have operated on those properties. Baker stated the fence had been on the property since 1968 and that the property had never been used as open space or a play area for children since it was part of the residence on the property. Baker went onto to review the permitted uses and the Town's definition of open space per code and why 366 Hanson Ranch Road did not fall under that definition. The existing non -conformities were reviewed such as setbacks and permitted uses. Baker stated the rezoning being requested would help bring Town Council Meeting Minutes of June 2, 2020 Page 5 the property up to code requirements. Baker went onto review the options council have if the zoning was approved or denied. Additionally, Baker felt criteria had been meant for this application and requested council approve the application. Council asked Baker about the covenants. Baker reviewed the covenants stating they were originally put in place in the 60's and amended in the late 70's and amended in 1984 again. She stated the covenants had been ignored and violated throughout the village and not enforced and may not be effective any longer. Council questioned the adverse possession case and if there was a review of the Town's documents regarding the property. Baker stated that staff and she have done a significant reviewed and research of the property. No application, commitment or minutes are found in Town records regarding the property. The property was there prior to the creation of the Town. Council asked Spence if there were anything in the applicant's presentation he would like to clarify. Spence stated Open Space was not a definition in Town Code but in high designation in the Town Charter ensuring property that achieves that designation can only be changed or altered by a vote of the Vail residents. Overall Spence did agree with the difficulties of a multi -zoned parcel. Council asked the Town Attorney to confirm covenants and zoning are different things. Mire confirmed the covenants do deal with improvements within certain tracts and the Town was a beneficiary to some of those covenants. None of the covenants bare to what was being discussed tonight. Council also asked Mire to explain what "deem applicable" was in criteria 8 of the staff memo. Mire explained what council would be irrelevant to this zoning application. Public Comment was called. Wendell Porterfield, on behalf of the Tivoli and other surrounding properties, felt the convents did have standing. Porterfield stated the protective covenants applied to certain tracts. The 1984 amended covenants stated tract E was to be open area and not build into tract E and argued the covenants were enforceable. Tracy Kinsella, Garfield and Hecht, representing Michael and Elizabeth Galvin, opposing the zoning changes. Kinsella, showed an aerial of the area and showing green space band and the protective covenants. Demonstrating the open area. Kinsella also recited the covenants and clauses on tract E and open area. Jim Stovall, representing owners of 302 Mill Creek Circle, Williams family, request council deny the applicant. The argued the adverse ownership and that the covenants were abandoned. The open are was a covenant restriction that could be ignored and ran with the land. Carol Krueger, family owned property that overlooks tract E, covenants could not be ignored and the goal of the covenants. Krueger felt the criteria was not met and council must deny the application. Greg Perkins, representing Galvin family, asked council to enforce the covenants at minimum causes criteria 1 and 2 to fail. There were other zoning options then what the applicant presented and other zone districts should be investigated prior to granting this application. Public comment was closed. Baker addressed the public comments. Gaining GRFA was not true. Yes, there were other zoning district options such as residential. Coggin and Bruno both stated on the record they felt the applicant met all criteria. Mason did not believe criteria 4 and 5 were met. Langmaid did not believe criteria 1, 4 and 5 were met. Town Council Meeting Minutes of June 2, 2020 Page 6 Foley also did not believe criteria 1, 4, 5 and 8 were met. Chapin felt the criteria was met. Bruno made a motion to approves, on first reading, Ordinance No. 2, Series of 2020, an ordinance for the rezoning of a portion of the property located at 366 Hanson Ranch Road/Lot 1, 366 Hanson Ranch Road Subdivision. The proposed rezoning would change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and setting forth details in regard thereto; Coggin seconded the motion was tied and failed (3-3). 5.2. Ordinance No. 3, Series of 2020, First Reading, An Ordinance for a Zone District Boundary Amendment, Pursuant to Section 12-3-7, Amendment Vail Town Code, to Allow for a Rezoning of Tract C, Lot 1, Lot 2, and Lot Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3; The Rezoning will Change the Zone District from Commercial Core 3 (CC3) to the Public Accommodation 2 (PA-2) District Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, Approve with Conditions, or Deny Ordinance No. 3, Series of 2020 - First Reading Background: The applicant, TNFREF III Bravo Vail LLC, represented by Mauriello Planning Group and Triumph Development, is requesting approval of Ordinance No. 3, Series of 2020 an ordinance for a zone district boundary amendment, pursuant to Section12-3-7, Amendment, Vail Town code, to allow for a rezoning for Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3; The rezoning will change the zone district from Community Commercial 3 (CC3) to the Public Accommodation 2 (PA-2) District. Staff Recommendation: The Planning and Environmental Commission held a public hearing on the proposed Zone District Boundary Amendment on April 13, 2020 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-1-0 (Gillette opposed). Roy provided a quick overview of the application and reason for the rezoning request. The Planning and Environmental Commission held a public hearing on the proposed Zone District Boundary Amendment on April 13, 2020 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-1-0. Dominick Mauriello, representing the applicant TNFREF III, stated he would be presenting on Ordinance No. 3 and the next agenda item Ordinance No. 4 regarding the special district as one presentation. Mire stated the presentation was fine but both agenda items have public comment. Mauriello reviewed what rezoning the property to Public Accommodation 2 would accomplish: ✓ Allows the hotel to be a conforming use ✓ Allows hotel rooms ✓ Allows limited service lodge units ✓ Resolves density and GRFA issues ✓ Brings existing height closer to compliance An overview of the current hotel and amenities were also reviewed. Mauriello stated the redevelopment team agreed with the public comment that had been received regarding the green/blue roof and the roof was going to be changed. The redevelopment would bring: ✓ 79 new hotel rooms ✓ 15 employee housing units with 1-3 bedrooms Town Council Meeting Minutes of June 2, 2020 Page 7 ✓ 3,950 sq. ft. of new meeting room space ✓ Restaurant remain the same ✓ New 6' wide sidewalk along Chamonix ✓ New landscape areas ✓ Stairway from Chamonix to parking lot for employees ✓ Pedestrian easement along east property line to align with any future redevelopment of parcel to the east Height and character of the neighborhood was reviewed along with view changes for neighbors that are behind the hotel. Council asked about shading on Chamonix and the icy conditions that may occur in that area. Mauriello stated the development had mitigated that as much as they could but the change in the fagade and heated sidewalk, but there would be some shade impact. Public comment was called. Mike Spears, resident, spoke to the height of the project. The majority of the building height is 36' and did not agree with Mauriello's view of the character of the neighborhood. Spears noted there wasn't anything close to that height in the area. Elise Howard, resident, expressed support for both the rezoning and the SDD. Housing is very important and the development proposal was too great to pass up. Tanya Boyd, resident, lives directly behind the hotel and would be directly affected by the height of the redevelopment. She expressed concern on very little sunlight and shade. Chris Romer, Vail Valley Partnership, expressed support of both the rezoning and SDD. This was a no brainer stated Romer. Pat Lauer, resident, been involved since the beginning. Lauer felt there was misrepresentation by the developer such as photos being at ground level. The density of 782 people would really impact the neighborhood with vehicle traffic. Chamonix road currently was icy but blocking the sun even more would make the street dangerous. Lauer additionally expressed concern regarding snow removal, snow storage area and bus service impacts. Alison Wadey, Vail Chambers representative, expressed support for both the rezoning and the SDD. Steve Lindstrom, Vail Local Housing Authority representative, expressed support for the project. Public comment was closed. Mauriello stated the majority of the concerns were more about the EHU building and more towards the SDD and not the rezoning. There was no further questions from council. Bruno made a motion approve on first reading, Ordinance No. 3, Series of 2020 an ordinance for a zone district boundary amendment, pursuant to Section12-3-7, Amendment, Vail Town code, to allow for a rezoning for Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3; The rezoning will change the zone district from Community Commercial 3 (CC3) to the Public Accommodation 2 (PA-2) District; Coggin seconded the motion (7-0) 5.3. Ordinance No. 4, Series of 2020, First Reading, An Ordinance Creating Special Development District No, 42, Highline Doubletree, Pursuant to Article A, Special Town Council Meeting Minutes of June 2, 2020 Page 8 Development District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and Setting Forth Details in Regard Thereto. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, Approve with Conditions, or Deny Ordinance No. 4, Series of 2020 - First Reading Background: The applicant, TNFREF III Bravo Vail LLC, represented by Mauriello Planning Group and Triumph Development, is requesting a recommendation to the Vail Town Council for approval of a Special Development District, pursuant to Section 12-9-A, Special Development (SDD) District, Vail Town Code, located at the property of 2211 N. Frontage Road West, which is comprised of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Staff Recommendation: The Planning and Environmental Commission held a public hearing on the proposed SDD on April 13, 2020 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-3 (Gillette, Kjesbo, and Pratt opposed). Roy provided a quick overview of Ordinance No. 4, Series of 2020, a Special Development District, pursuant to Section 12-9-A, Special Development (SDD) District, Vail Town Code, located at the property of 2211 N. Frontage Road West, which is comprised of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Roy provided the benefits of the SDD which was also presented by the applicant during the previous presentation for Ordinance No. 3, Series of 2020. Mauriello, representing the applicant TNFREF III Bravo Vail LLC, provided the presentation for the SDD with the presentation for Ordinance No. 3, 2020. Council asked if the developer had looked at changing the EHU orientation to run north/south. Mauriello stated they had and there would be loss of parking and do not believe it would work. Mauriello questioned if it would violate fire code due to narrow turn. Mauriello spoke to the height of the building stating the height along Chamonix Ln. varied from 20 ft eve fagade to about 34 ft fagade height. The back of the building that was 4 stories fagade does come closer to 48ft height limit. Stockmar questioned some of the criteria being met on 1, 2, 3, 5, 6, 7 and 9 and would like more information at the second reading. Foley expressed concern on icy roads and sidewalks, parking, and 3 stories on the Chamonix side seemed too much Bruno thanked the developer for coming with a project with employee housing. Mason also thanked the developer for what they are doing but would like to see something different on the EHU. Langmaid expressed concern on the height of the EHU. Bruno made a motion to approve, with conditions, on first reading, Ordinance No. 4, Series of 2020 an ordinance creating special development district No.42, Highline Double Tree, pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Town Council Meeting Minutes of June 2, 2020 Page 9 Regulations, Vail Town Code, and setting forth details in regard thereto with the PEC conditions listed in the staff memorandum; Coggin seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Mason seconded the motion which passed (7-0) and the meeting adjourned at 9:30 p.m. Attest: Tam y Na� Cler Respectful) S�.bmitted, Dave pin, INtayor Town Council Meeting Minutes of June 2, 2020 Page 10