Loading...
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 Q3�%t��G-c t� a my fy�wn C .rk Town Council Meeting Minutes of February 2, 2021 Page 8