HomeMy WebLinkAbout2021-08-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 3, 2021
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 *Joined the meeting at 6:10
pm
Kim Langmaid, Mayor Pro Tern
Jenn Bruno
Travis Coggin *Joined the meeting at 6:10 pm
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Peg Rumane, Vail resident, complained to council about Waste Management trash hauler
leaving black exhaust throughout the Sandstone neighborhood.
Erick Perkins, Eagle county resident, requested fishing access signs be placed on Gore Creek
Perkins also inquired about the tree replanting that was to occur in Ford Park.
Kaye Ferry, Vail resident, concerns about frequent use of carts on Vail Valley Drive by Vail
Recreation District staff.
Foley noted that former town council member Michael Cacioppo has passed away - thoughts
and prayers to the family.
2. Any action as a result of executive session
There was none.
3. Appointments for Boards and Commissions
3.1. Appoint a Member to the Building and Fire Codes Appeals Board (B&FCA)
Action Requested of Council: Motion to appoint one person to serve as an alternate member on
the Building & Fire Code Appeals Board for a partial term ending March 31, 2023.
Town Council Meeting Minutes of August 3, 2021 Page 1
Bruno made a motion to appoint Gerald Meremonte as an alternate member on the Building &
Fire Code Appeals Board; Foley seconded the motion passed (5-0*Coggin (joined at 6:10 pm)
and Chapin joined the meeting late virtually)
4. Consent Agenda
4.1. Resolution No. 34, 2021, A Resolution Amending A Budget and Making
Appropriations to Pay the Costs, Expenses and Liabilities of the Vail Local Marketing
District, for the Fiscal Year January 1, 2021 Through December 31, 2021
Action Requested of Council: Approve Resolution No. 34, Series of 2021, a resolution amending
the 2021 VLMD Budget
Background: Please see attached memo.
Staff Recommendation: Approve Resolution No. 34, Series of 2021
Foley made a motion to approve Resolution No. 34, Series of 2021; Coggin seconded the
motion passed (6-0*Chapin absent)
4.2. Contract with 106 West (Loading and Delivery)
Background: Loading and delivery continues to be an issue in Vail Village. The Town Manager's
office has convened at Task Force to address a broad range of issues. Local contractor 106
West Logistics is uniquely qualified and has worked with our Vail Police Department to draft a
pilot program that can be implemented this winter.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with 106 West
in an amount not to exceed $380,703.50.
Bruno made a motion to authorize the Town Manager to enter into to an agreement with 106
West Logistics not to exceed $380,703.50; Foley seconded the motion passed (6-0*Chapin
absent)
5. Town Manager Report
5.1. Public Health Crisis Update
Robson provided council with information from the Eagle County Public Health stating that no
new changes were being implemented as a result of COVID Delta variant, to date. 83% of
eligible community members in county are vaccinated and no hospitalizations.
5.2. Community Picnic Tuesday, August 10 at Donovan Pavilion
Robson reminded council the TOV Community Picnic was Aug. 10 at Donovan Pavilion.
Additionally, Robson stated 1-70 through Glenwood Canyon would remain closed for an
extended period to assess structural damage following major mudslides.
6. Presentations / Discussion
Town Council Meeting Minutes of August 3, 2021 Page 2
6.1. Discussion about Proposed Tax Measures for November Ballot as Dedicated
Funding for Housing and Year -Round Marketing/Special Events Initiatives
Presenter(s): Scott Robson, Town Manager, George Ruther, Housing Director, Mia Vlaar,
Economic Development Director, Patty McKenny, Assistant Town Manager
Action Requested of Council: The Town Council is asked to provide direction about whether to
proceed with drafting resolutions and final ballot language that would address the tax proposals
for dedicated revenue sources for housing (sales tax increase considered by Vail Town Council)
and year-round marketing/special events (marketing and promotion tax increased to be
considered by Vail Local Marketing District).
Background: The Town Council is asked to discuss the direction they would like to take
regarding the submittal of ballot questions for the November election addressing dedicated
funding sources for two initiatives, housing, and year-round marketing/special events. The Town
would need to certify ballot questions to the Eagle County Clerk and Recorder's Office no later
than September 3. The Town Council would need to approve ballot text with resolutions at their
next council meeting, August 17, to meet the ballot certification deadline. The Town Council
would consider the sales tax increase question and the Vail Local Marketing District would
consider the marketing and promotion tax increase question.
Robson introduced the topic stating council was being asked to discuss the direction they would
like to take regarding the submittal of ballot questions for the November election addressing
dedicated funding sources for two initiatives, housing, and year-round marketing/special events.
The Town would need to certify ballot questions to the Eagle County Clerk and Recorder's
Office no later than September 3. The Town Council would need to approve ballot text with
resolutions at their next council meeting, August 17, to meet the ballot certification deadline.
Polling results showed Vail voters were somewhat favorable for a half -cent sales tax increase to
support housing initiatives. Robson stated staff estimated a .05 cent additional tax rate would
generate approximately $4.3 million on $34.1 million of sales. A 2.2% increase in the lodging
tax for year-round marketing and events was also probed and registered 54% support by
registered voters surveyed. Robson shared that doubling of the lodging tax from 1.4% to 2.8%
would raise an additional $4.OM; or increasing the lodging tax from 1.4% to 3.6% would raise an
incremental $6.2M.
Bruno noted the voter opinion survey overwhelmingly identified housing as a crisis. She also
understands the long-term benefits of an increased lodging tax for marketing and events.
Coggin asked about ballot question wording on both topics, including if housing dollars can be
spent outside the town boundaries. Robson stated the current 1.4% lodging tax was restricted
to marketing and promotion and any increase would need to continue to be used that way per
state statute. Council had asked earlier if an increase in lodging tax could be used for housing.
Foley suggested contemplating a new lodging tax to be used for housing in place of the
proposed half -cent sales tax.
All council members were in support of moving forward and requested the Town Attorney
prepare resolutions with the ballot questions for the august 14 meeting for their consideration.
Town Council Meeting Minutes of August 3, 2021 Page 3
7. Public Hearings
7.1. Appeal of a decision by the Design Review Board
Presenter(s): Greg Roy, Planner
Action Requested of Council: Overturn, uphold, or uphold with modifications
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 July 7, 2021, denying a request for design
approval for the new construction of the Residence at Main Vail (DRB21-0233).
Staff Recommendation: The Vail Town Council must uphold, overturn, or overturn with
modifications, the Design Review Board's July 7, 2021 decision.
Mayor Pro Tern Langmaid opened the public hearing due to May Chapin appearing virtually.
Roy stated the Town of Vail, represented by Triumph Development, requested the review of a
New Construction Design Review Board application, pursuant to Section 12-11-3, Vail Town
Code, for a new residential development located at 129 North Frontage Road West/ Lot 3,
Middle Creek Subdivision, A Resubdivision of Lot 1. The Design Review Board, by a vote of 3-1,
denied the subject application on July 7, 2021.
George Ruther, Housing Director; and Michael O' Connor, Triumph Development West LLC,
appeared on behalf of the applicant, the Town of Vail, and provided council with an overview of
the Design Review Board's process for the Town's housing project, Residences of Main Vail.
➢ March 15, 2021, on behalf of the Town of Vail, Triumph Development West, LLC
submitted complete applications to the Town of Vail Community Development
hereinafter referred to as PEC21-0015/0016 and DRB21-0233.
➢ April 21, 2021, the Town of Vail Planning & Environmental Commission (PEC) held a
public hearing on PEC21-0015/0016, and by a vote of 5-1, granted entitlement rights to
the Residences at Main Vail Approved Development Plan.
➢ July 6, 2021, Design Review Board member John Rediker appeared before the Vail
Town Council urging the Vail Town Council to spend more money on the architectural
design of the proposed Residences at Main Vail, to stop rushing the project forward, and
forewarned that if not, it was likely the application would be denied by the Design Review
Board the following day, or at best, receive a 2 -2 vote.
➢ July 7, 2021, the Town of Vail Design Review Board held a final public hearing on
the design application DRB21-0233 and by a vote of 3-1 denied the design review
application. In doing so, and according to the recorded public record, in sum, the
following reasons for denial were cited to and supported by a majority of the Design
Review Board:
• The bulk and mass of the proposed building was not compatible with the
topography of the development site. The building should set up the hillside
into the area of 40% or greater slopes and result in a building design more
like the Middle Creek at Vail apartments.
• The applicant needed to spend more money on the architectural design of the
building. The building was cheap with no on -site parking.
• The Town was turning the North Frontage Road into employee housing row and
ruining the community. The whole north side of the Town would be degraded.
Town Council Meeting Minutes of August 3, 2021 Page 4
• Rather than one single structure, the building needed to be broken down into
two or three smaller, shorter buildings, even if it meant reducing density
• This building (homes for local residents) does not belong at the front entrance
to Vail. It'll be the first thing people would see when they come into the Town.
• Add more stone, board and batten siding, and vertical elements.
• Residences at Main Vail was a podium -style building that doesn't fit in Vail. It's
not the Vail brand.
➢ July 14, 2021, the Town of Vail as applicant filed an appeal of the Design Review
Board's decision to deny design review application DRB21-0233. Specifically, the
appellant believed the Town of Vail Design Review Board failed to properly apply the
adopted design review standards and guidelines and demonstrated its willingness to act
outside the scope of the Board's purview in voting to deny the Residences at Main Vail
design review application DRB21-0233
Mike Foster, Triumph Development West LLC, reviewed site plans to demonstrate the designs
followed the DRB guidelines.
➢ Compatibility of design of the Residences at Main Vail was achieved through proper
scale, building proportions, site planning, landscaping, and building materials and colors.
➢ The structures and accessways are responsive to the existing topography which was
why the design team relied upon the use of the existing driveway alignment to gain
vehicular access to the site
➢ Construction on the site was to be limited to the lower portion of the site to preserve the
steep slopes and existing vegetation, as recommended by the design guidelines.
➢ The proposed building materials are predominately natural such as wood siding and
native stone.
➢ Exterior wall materials (stone and stucco) extend down to finished grade to eliminate
unfinished concrete walls
➢ The assemblage of exterior wall materials and architectural relief was added to the
building facades to reinforce the architectural design guideline of creating a base,
middle, and top to the building.
➢ The proposed exterior colors are compatible with the site and surrounding buildings.
➢ An arrangement of divided light windows has been added to create visual interest and
introduce a design element seen typically throughout Vail
➢ The proposed roof material is 30-year asphalt shingles to be installed atop a Class A
fire -rated roof assembly.
➢ A +/- 55kw solar array is proposed atop the south facing roof of the building to offset
energy consumption through onsite energy production.
➢ Deep eaves and overhangs are depicted on the proposed elevations to further protect
the building and residents from the elements as well as add architectural interest to the
building facades.
➢ The east/west oriented main roof ridge has been designed to break up an otherwise long
linear roof line, both horizontally and vertically, and gabled roof ends have been added
to interrupt the south facing eave line of the building
➢ A double member fascia has been designed to provide relief and texture to the roof eave
line consistent with the design guidelines.
➢ An accessory structure is proposed to accommodate onsite storage of trash and
recycling.
➢ The utility meter locations are prescribed at the direction of the utility services providers
Town Council Meeting Minutes of August 3, 2021 Page 5
The proposed landscape plan was designed consistent with the recommendations of the
design standards and guidelines with additional focus on complying with the regulations
of the urban wildland fire interface.
➢ The plant materials selected for the landscape plan are all indigenous to the Rocky
Mountain alpine and sub -alpine zones
➢ The proposed final grading of the site does not negative impact adjacent uses or sites as
required by the design review standards.
➢ All proposed retaining walls have been designed with textured and color tinted materials
consistent with the adopted design review guidelines.
➢ Architectural projections, such as decks, balconies, roof eaves and roof overhangs have
been thoughtfully incorporated into the building design
➢ Consistent with the adopted standards for outdoor lighting, all exterior lighting would
include fully cut off fixtures and be low cost, low energy consumptive LED fixtures.
Public comment was called.
Doug Cahill, chairman of the DRB, explained how the DRB approached its review which was
based on how the design fits the site and general compatibility.
John Rediker, DRB member, expressed concerns about the building materials incorporated in
the design. Rediker stated the materials didn't meet the Vail brand.
Kaye Ferry, Vail resident, would like to see the design maximize the allowed space and put
more units. Ferry noted Vail needs housing.
Matt Morgan, Vail business owner, stated housing was critical for employees. He encouraged
council to stop talking about housing issues and take action.
Jonathan Stauffer, Vail resident, stated the building needed to look like it belonged at the
gateway to the town.
Joseph Stauffer, Vail resident, stated the project needed to fit Vail's alpine architecture.
Kim Rediker, Vail resident, stated the building needed more work and should be something the
town is proud of since it would be located at the entrance.
Chris Romer, Vail Valley Partnership, felt the building exceeded expectations but would like to
see more density.
Johannes Faessler, Vail resident, stated current DRB guidelines don't work for employee
housing developments. He felt a different lens was needed and compromises are in order.
Jim Lamont, Vail Homeowners Association, stated council had time to get it right and to uphold
the DRB's decision
Peter Cope, DRB member, said the board was bound by the design standards it was appointed
to uphold.
Public comment was closed.
Town Council Meeting Minutes of August 3, 2021 Page 6
Council had no questions for staff or the appellant representatives.
Mason stated she would be voting to overturn the DRB's decision. She felt the guidelines were
upheld.
Coggin agreed with Mason and felt the project was better in design ten where it began.
Stockmar stated he supported the project but would not vote to overturn the DRB's decision. He
felt the project was not compatible pursuant to 14-10-2 General Compatibility and 14-10-3 Site
Planning
Foley stated the DRB made the correct decision, and he would not be voting in favor of
overturning that decision.
Chapin stated he felt the guidelines were met and that he as in favor of overturing the DRB's
decision.
Langmaid agreed with Chapin that the design does meet all design guide lines.
Bruno made a motion to overturn the July 7, 2021 decision of the Design Review Board, finding
the submitted New Construction for the 129 North Frontage Road West complies with Title 14,
Chapter 10, Vail Town Code and to incorporate the additional design elements that were
presented; Coggin seconded the motion passed (5-2*Stockmar and Foley opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Bruno seconded the motion which passed (7-0) and the meeting adjourned at 8:35
p.m.
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Town Council Meeting Minutes of August 3, 2021 Page 7