HomeMy WebLinkAbout2021-02-02 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 2, 2021
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 in Vail Town Council Chambers and 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
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Larry Stewart, Vail resident, encouraged council to begin condemnation process of the Vail
Resort's Booth Heights parcel.
Doug Mele, Vail resident, expressed concerns to council about a smell coming into his residence
from the new fire pits located on International Bridge. He would like the fire pits relocated so
they're not so close to the residences.
Nina Kazazian, Vail resident, suggested a living wage be applied to large employers in town like
Vail Resorts.
Mike Browning, Vail resident, encouraging council to continue their efforts to protect bighorn
sheep habitat in East Vail.
Scott Hintz, Vail resident, requested council protect the Booth Heights property from development.
Jonathan Staufer, Vail resident, asked council for condemnation of the Booth Heights property.
Debbie Ford, Vail resident, stated Vail Resorts had betrayed the Council and the community. She
encouraged council to consider condemnation on the Booth Heights property.
Town Council Meeting Minutes of February 2, 2021 Page 1
Cindy Ryerson, Vail resident, read a letter she sent to Rob Katz, CEO of Vail Resorts, regarding
her concerns about the survival of the bighorn sheep herd and VR's code of ethics and business
conduct.
Lynn Gottlieb, Vail resident, stated the town should explore condemnation of Vail Resort's Booth
Heights parcel.
Evan DeMuth, Vail resident, requested council to pursue condemnation of Vail Resort's Booth
Heights property.
Blondie Vucich, Vail resident, suggested changes be made to the pre -development agreement
as proposed by Vail Homeowners Association.
Mery Lapin, Vail resident, suggested the town hire a lawyer to work on condemnation proceedings
of Vail Resort's Booth Heights parcel.
Connie Nunley, Vail resident, supported condemnation of the Booth Heights property.
Lanie Lapin, Vail resident, asked the town to set an example for other communities that have a
Vail Resorts presence by taking condemnation action.
Susan Bird, Vail resident, supported condemnation action on Vail Resort's Booth Heights parcel.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1. Resolution No. 5 Series of 2021, A Resolution Approving a Cost Sharing Agreement
Between the Town of Vail and the Vail Park and Recreation District (the "VRD") Action
Requested of Council: Approve, approve with amendments or deny Resolution No. 5,
Series of 2021
Background: The Vail Park and Recreation District is contracting for the replacement and upgrade
of the existing playing surface of all 18 greens on the Golf Course, including improved
subdrainage, substructure and new playing surface, over a period of 3 years.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 5, Series of
2021
Coggin made a motion to approve Resolution No. 5, Series of 2021; Mason seconded the motion
passed (7-0).
3.2. Resolution No. 7, Series of 2021 A
Agreement Between the Town of Vail and
("CDOT") Regarding the Smart Transit Grant
Resolution Approving an Intergovernmental
the Colorado Department of Transportation
Town Council Meeting Minutes of February 2, 2021 Page 2
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 7,
Series of 2021.
Background: The Town of Vail is in the process of replacing the current bus fleet Nextbus System,
with upgraded technology. This project relates to the hardware, and operating system and on-
going support for Smart Transit Technology needed to upgrade the Town bus fleet to support the
project. The Colorado Department of Transportation is supporting this project with Multi -model
Option Program Funds. The agreement outlines both parties' responsibilities.
Staff Recommendation: Approve Resolution No. 7, Series of 2021
Coggin made a motion to approve Resolution No. 7, Series of 2021; Foley seconded the motion
passed (7-0).
4. Town Manager Report
Robson provided condolences to the families of the Eagle County residents who were lost to an
avalanche.
5. Action Items
5.1. Resolution No. 3, Series of 2021, A Resolution Approving a Pre- Development
Agreement Between the Town of Vail and Triumph Development West LLC.
Presenter(s): George Ruther, Housing Director; and Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 3,
Series of 2021.
Background: The purpose of this agenda item is to present a summary of the terms of a pre -
development agreement by and between the Town of Vail and Triumph Development West, LLC.
The terms of the agreement are intended as initial steps to facilitate the future development of
deed- restricted homes on Lot 3, Middle Creek Subdivision (the "Middle Creek Project") and Lot
1, Timber Ridge Subdivision (the "Timber Ridge Project"). The agreement serves, in part, to
advance the strategic actions of the Vail Town Council's Alternate Housing Sites Initiative.
Staff Recommendation: Approve Resolution No. 3, Series of 2021.
Chapin is noting the town is committed to a partnership with Vail Resorts and remains hopeful
that Vail Resorts will re-engage in discussions regarding Booth Heights.
Ruther presented an overview of the pre -development agreement with Triumph Development for
construction of housing on Lot 3 Middle Creek and Timber Ridge.
A summary of the terms of the pre -development agreement included:
✓ The Town and Triumph Development would be co -applicants on the Middle Creek Project.
The Town would grant Triumph Development permission to proceed through the
development review process with the Timber Ridge Project.
Town Council Meeting Minutes of February 2, 2021 Page 3
✓ The Town would pay up to $390,000 for the investment in the entitlement of the Middle
Creek Project and pay Triumph Development a project management fee not to exceed
$300,000. The Town would incur no cost for the entitlements of the Timber Ridge Project
and incur no development risk for either of the Projects.
✓ The project management fee would be payable in installments upon the completion of key
project milestones.
✓ The Town and Triumph Development would execute ground leases for the Projects
thereby allowing the Town to retain ownership of the land beneath the Projects.
✓ The Town's interest in the ground leases would be freely assignable by the Town at its
sole discretion.
✓ The Town would have rights to master lease and sublease units within each of the
Projects.
✓ A minimum of 144 beds would be provided as part of the Middle Creek Project and at least
200 homes of varying sizes would be developed as part of the Timber Ridge Project.
✓ The Middle Creek Project would be available for occupancy by no later than November
2022, and no development of the Timber Ridge Project will begin prior to April 2023.
✓ Triumph Development would forego any and all development opportunities on the Booth
Heights Parcel.
✓ The Parties would actively pursue the adoption of a final development agreement for the
Timber Ridge Project by no later than May 1, 2021.
✓ The Parties would agree to certain remedies and obligations in the event of a breach or
default to the terms of the agreement.
Ruther stated upon mutual execution of the pre -development agreement, the Parties would take
the steps necessary to draft and present final development agreements for the Middle Creek
Project and the Timber Ridge Project. It was anticipated a final development agreement for the
Middle Creek Project would be presented for council's consideration at the March 5, 2021
meeting.
Public comment was called.
Mery Lapin asked questions related to applying strategic pressure on Vail Resorts, including
expiration of VR's master lease of units at Timber Ridge; were RETT funds used for this project
and what the bid process was.
Tom Vucich asked council to deny the pre -development agreement. He felt it was not ready to be
approved.
Larry Stewart expressed concern the council had taken condemnation of Booth Heights off the
table. He suggested removing paragraph 4 regarding a reference to Booth Heights in the pre -
development agreement.
Nina Kazazian also shared her concerns about the pre -development agreement. She too inquired
about the bid process.
Ruther explained a competitive bid process wasn't pursued based on the town's interest in
bringing Vail Resorts to the table.
Town Council Meeting Minutes of February 2, 2021 Page 4
Peter Feistmann asked why a council discussion about condemnation wasn't held in public
session.
Jonathan Stauffer reminded council Vail Resorts kicked their employees out of their housing at
Timber Ridge at the beginning of the pandemic. He also expressed concern by separating the
Booth Heights project and the Middle Creek Lot 3 project legally the citizens cannot speak to the
Booth Heights project anymore.
Thomas Birch asked questions concerning the sections 4a and 4b of the predevelopment
agreement stating the agreement was setting up Vail Resorts the opportunity to still continue to
build on their Booth Heights parcel.
Steve Virostek, Triumph Development owner, stated the company's intent was to be a good
partner with the town and community. He stated the Booth Heights plans would stay with the
company.
Public comment was closed.
Bruno thanked everyone for their comments and said the town was leaving the door open for Vail
Resorts to come back to the table for negotiations. She stated more public comment would be
allowed during drafting of development agreement.
Stockmar stated the pre -development agreement should be revised based on some of the public
comments heard this evening, including Section 4.
Langmaid would be more comfortable setting the pre -development agreement aside for two
weeks to address some of the community concerns and re -build community trust.
Coggin suggested issues raised this evening could be addressed in a development agreement
with additional public comment. He supported moving forward with approval of the resolution.
Mason would like to take two weeks for refinements.
Chapin preferred to move forward and spend more time in working out the development
agreement.
Foley was comfortable moving forward with the resolution so long as the development agreement
was tightened up to reflect input from this evening.
Coggin made a motion to approve Resolution No. 3, Series of 2021; Bruno seconded the motion
passed (6-1* Stockmar opposed).
5.2. Resolution No. 6, Series of 2021, a Resolution approving a scope of work, total
project budget, and project timeline for the design development/entitlement process for
residential development on Lot 3, Middle Creek and authorizing the execution of a
professional services agreement with Triumph Development West, LLC.
Presenter(s): George Ruther, Housing Director
Town Council Meeting Minutes of February 2, 2021 Page S
Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 6,
Series of 2021.
Background: The purpose of this agenda item is to present for approval, a scope work, total
project budget, and project timeline for the design development/entitlement process for deed -
restricted housing on Lot 3, Middle Creek. Residential development on Lot 3, Middle Creek is a
key component to advancing the Vail Town Council's Alternate Housing Sites Initiative.
Staff Recommendation: Approve Resolution No. 6, Series of 2021.
Ruther provided a quick review of Resolution No. 6, Series of 2021 with council explaining the
town would hire Triumph Development to provide project management services for the design
development and entitlement process for Lot 3, Middle Creek. The total project budget is
$690,000, which included a $300,000 project management fee and all soft costs necessary for
the preparation of the design development and entitlement documents as reimbursable expenses
not to exceed $390,000. Ruther noted the total project budget represented approximately 3.5%
of the estimated total development cost of the housing development.
A timeline for completion of the design development and entitlement process followed:
✓ The residential development on Lot 3, Middle Creek shall be completed and available for
occupancy by no later than November 2022
✓ A 14-month construction duration requires construction to begin by no later than
September 2021.
✓ 30 days - plan review and building permit issuance
✓ 100 days - fully prepare construction documents for building permit application submittal.
✓ 90 days (min.) - design review and entitlement process.
✓ 30 days (min.) - PEC/DRB application material submittal preparation.
Coggin made a motion to approve Resolution No. 6, Series of 2021; Bruno seconded the motion
passed (7-0).
5.3. Ordinance No. 2, Series 2021, an Ordinance concerning financing improvements to
the Public Works facility and authorizing the execution and delivery of a site lease, lease
purchase agreement and related documents, and declaring an emergency.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve Ordinance No. 2, Series 2021
Background: Please see attached memorandum. Purpose of emergency ordinance is to facilitate
a locked interest rate on the financing. Closing is scheduled for February 17,2021.
Staff Recommendation: Approve Ordinance No. 2, Series 2021
Halloran reviewed Ordinance No. 2, Series of 2021 with council noting on January 5, council
approved moving forward with selection of Truist Bank for the financing of the Public Works Shops
project. This ordinance authorized the execution of a site lease and lease purchase agreement
with the bank.
Town Council Meeting Minutes of February 2, 2021 Page 6
There was no public comment.
Council did not have any questions
Foley made a motion to approve Ordinance No. 2, Series of 2021; Stockmar seconded the motion
passed (7-0).
5.4. Ordinance No. 3, Series of 2021, an Ordinance approving a certain parcel of land
owned by the Town of Vail as Designated Open Space pursuant to Section 13.11 of the Vail
Town Charter
Presenter(s): Kristen Bertuglia, Environmental Sustainability Director
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 3,
Series of 2021.
Background: The Town of Vail Open Space Board of Trustees has forwarded a unanimous
recommendation to the Vail Town Council for the designation of a 48.13 acre parcel located in
East Vail on the south side of Bighorn Rd., off Willow Way, as Designated Open Space.
Staff Recommendation: Approve Ordinance No. 3., Series of 2021.
Bertuglia quickly reviewed Ordinance No. 3, Series of 2021 with council stating Cara Beutel of
Houston, TX donated to the Town of Vail, a 48.13-acre parcel located in East Vail on the south
side of Bighorn Rd., off Willow Way. The donation was conditioned upon an adequate appraisal,
and the Town Council designating this parcel as Designated Open Space upon a
recommendation from the Open Space Board of Trustees. This parcel provided an abundance of
wildlife habitat including valuable riparian area, steep slopes, and healthy vegetation. It is home
to ungulate species, birds, and black bear. The area includes stream access and has been utilized
by the local neighborhood for light walking trails. The riparian areas offer opportunities for
enhancement, including erosion control and improved vegetation along the waterways. Staff will
investigate proper project areas in 2021.
There was no public comment.
Council had no questions.
Langmaid made a motion to approve Ordinance No. 3, Series of 2021; Stockmar seconded the
motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the meeting;
Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 7:50 p.m.
Respectfully Submitted,
Town Council Meeting Minutes of February 2, 2021 Page 7
Attest:
Dave n, May
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Town Council Meeting Minutes of February 2, 2021 Page 8