HomeMy WebLinkAbout2023-01-03 TC Meeting MinutesVail Town Council Meeting Minutes
Tuesday, January 3, 2023
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 Langmaid.
Members present:
Staff members present:
1. Citizen Participation
Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tern
Kevin Foley
Jen Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manger
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
Douglas Smith, a Vail resident, thanked the frontline workers for their efforts over the holiday
and invited Vail Resort representatives to visit the town.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3A Resolution No. 1, Series of 2023, A Resolution Adopting the Town's Website as the
Town's Posting Location. Approve, approve with amendments or deny Resolution No. 1,
Series of 2023.
Background: C.R.S. Section 24-6-402(2)(III), a local public body shall be deemed to have given
full and timely notice of a public meeting if the local public body posts the notice, with specific
agenda information if available, no less than twenty-four hours prior to the holding of the
meeting on a public website of the local public body. The notice must be accessible at no
charge to the public. The local public body, shall, to the extent feasible, make the notices
searchable by type of meeting, date of meeting, time of meeting, agenda contents. and any
other category deemed appropriate by the local public body.
Coggin made a motion to approve, Foley seconded motion passed (7-0).
Town Council Meeting Minutes of January 3, 2023 Page 1
3.2 Contract Award to Peak Communications to Upgrade Town's Phone System Software
Background: The Avaya telephone system was implemented in 2018 and has performed well for
the town over the years. The Town's current version of Avaya Communications Manager will no
longer be supported by the company as of the end of 2022, and so an upgrade and/or change is
required.
Direct the Town Manger to enter into an agreement in a form approved by the Town Attorney
with Peak Communications for an amount not to exceed $65,000 to upgrade and transfer the
town's Avaya phone system software.
Coggin made a motion to approve, Davis seconded motion passed (7-0).
4. Town Manager Report
4.1 Council Matters and Status Report
Forrest reminded Council members of an upcoming event on January 10, 2023 at the Donovan
Pavilion for the Vail Police Department.
5. Action Items
5.1 Contract Award to Kimley Horn for the Vail Pedestrian Village Safety Project
Presenter(s): Tom Kassmel, Town Engineer
Background: The Town of Vail has budgeted for the design and installation of safety
improvements, namely retractable bollards, within the high pedestrian areas of the Town of Vail,
specifically; Vail Village, Lionshead Village, and Ford Park. Town staff advertised a Request for
Proposals (RFP) for the design of these safety improvements and received two proposals
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Kimley Horn for the Vail Pedestrian Village Safety Project in an amount not to
exceed $282,585.00
Kassmel presented the potential installation locations for the proposed Vail Pedestrian Village
Safety Improvement plan.
Kassmel explained the improvements would be completed in phases. Phase I would focus on
loading and delivery control, Phase It on perimeter control, Phase III on special event zones,
and Phase IV any additional control. Vail Village would be a more extensive undertaking than
Lionshead or Ford Park.
Coggin asked to keep in mind future public consumption areas when looking at bollard
placement.
Kassmel stated the Phase III implementation could help with bringing back public consumption
but there were other hurdles that would need to be tackled as well.
Town Council Meeting Minutes of January 3, 2023 Page 2
Foley asked if the $282,000 would cover the cost of completing Phase I of the installation.
Kassmel explained the $282,000 was for the design contract and staff would have additional
money to complete the first Phase. He further explained there was $650,000 in the budget for
the project for 2023.
Staufer asked what the total budget for the project was and what the maintenance would be for
the finished product.
Kassmel stated the overall budget was almost $2M dollars and there would be yearly
maintenance due to the hydraulics used for the retractable bollards.
Foley asked if the weather was a concern regarding the retractable bollards.
Kassmel explained Kimley Horn had experience with the cold weather climate with bollard
vendors and would make sure the project was feasible.
Coggin made a motion to approve, Mason seconded motion passed (7-0).
6. Public Hearings
6.1 An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision
of the Town of Vail Planning and Environmental Commission on November 14, 2022,
approving a Major Exterior Alteration, pursuant to Section 12-71-1-7, Exterior Alterations
or Modifications, Vail Town Code, allowing for the redevelopment of the Evergreen
Lodge, located at 250 South Frontage Road WestlLot 2W, Block 1, Vail Lionshead Filing
2, and Lot F-1, Vail Village Filing No. 2 and setting forth details in regard thereto (TC22-
0009)
Presenter(s): Greg Roy, Senior Planner
Background: HCT Member, LLC represented by Mauriello Planning Group, requests the review
of a Major Exterior Alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications,
Vail Town Code, to allow for the replacement of the existing Evergreen Lodge with a new
development, located at 250 South Frontage Road West.
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold with
modifications, or overturn the Planning and Environmental Commission's December 6 2022,
decision. The Town Council must act by motion, with such motion to be approved by a majority
of those present.
Roy explained that the application in question went before the Planning and Environment
Commission multiple times before the final meeting in November, where the Commission voted
to approve the project with the findings and conditions that were outlined in the staff report.
Attorney Rohn Robbins represented the appellant the Vail International Condominium Owners
Association (VICOA).
Town Council Meeting Minutes of January 3, 2023 Page 3
Robbins explained the owners would be aggrieved by the proposed development by the
massive scale and scope of the building. He explained the different concerns for the negative
environmental effects, specifically to Middle Creek, various safety hazards posed by the
proximity of the proposed development to the Vail Health Helipad, concerns regarding the
additional strain to the employee housing crisis, the addition of traffic and congestion to the area
and they did not believe the proposed development would contribute to "live" beds.
Langmaid explained the Town Attorney had been in contact with the FAA regarding the concern
over the helipad and the FFA stated it was out of the Town's jurisdiction and the Town could not
weigh in on the subject.
Robbins stated he also spoke the Town Attorney and understood the FFA's statement but felt
the Town Council still had a moral obligation to consider all safety issues.
Sharon Cohn with the Solaris Group, reminded Council and the community that the Evergreen
project had been a cumulative effort since 2015, beginning with the land exchange with Vail
Health. She stated that the exchange accommodated the construction of Vail Health with the
helipad factored in, as well as the new entrance on the South Frontage Road to help mitigate
the traffic on West Meadow Drive. During that time, many studies were conducted regarding
flight plans, vehicular and pedestrian traffic.
Cohn also explained the 10-month PEC process worked as it should have. The project was a
better product than a year ago because of the PEC's guidance and the project complied with
Lionshead Mixed Use 1 Zoning, the Lionshead Masterplan, and had strong support from the
community.
Cohn asked that the Council uphold the PEC's approval.
Dominic Mauriello, who represented the applicant, presented the background of the construction
of the Evergreen Lodge up to the current redevelopment application.
Mauriello reviewed the 11-month PEC review process that began in February 2022 to the
current January 3, 2023, meeting and over that course of time, the application was reviewed at
5 different meetings.
Mauriello gave a detailed account for the community outreach regarding the project and stated
there was a broad outreach to Vail residents and businesses from April 2022 to December 2022
and neighbors, which included the Vail International representatives, attended all five of the
PEC hearings.
Mauriello discussed the project's zoning compliance, stream setback requirements, building
height compliance, density compliance, GRFA compliance, the proposed landscaped area, and
the parking and employee housing requirements.
Mauriello addressed the appellant's concerns regarding the project's design which included the
roof slope, windows, horizontal aspect of the west fagade, vertical aspect of the building,
massing and scale, elevations and the over all architecture of the building.
Town Council Meeting Minutes of January 3, 2023 Page 4
Mauriello also addressed the appellant's environmental concerns regarding Mill Creek, the
present walkway, restaurants in the Evergreen, parking, employee housing, "live" beds and
public access ways and concems regarding the helipad safety.
Mauriello ended his presentation by requesting Council uphold the PEC's approval of the project
based on the criteria and finding found in the staff report to the PEC, the submittal materials
provided by the applicant and the evidence found in the records of the project.
Mason asked for more information regarding the 20 employee housing units and how many total
beds there were.
Cohn explained the housing units were a minimum of one to two bedrooms and there was
flexibility in the plans for three -bedroom units.
Foley asked for clarification on the existing recreational path from Dobson Ice Arena that led to
the Vail International Building.
Mauriello explained that path would remain and the dirt path from the Evergreen Building would
be eliminated.
Staufer asked if the planned hotel would run as a three-, four-, or five-star hotel and how would
they accommodate the number of employees it would take to run the hotel at the decided level.
Mauriello stated they wanted to run as a four -star hotel.
Cohn clarified there was an existing commercial property on site, and they currently have
housing for their employees. The project proposed net new employee housing that would add to
the already existing employee housing.
Langmaid asked how the stream and restoration plan would be handled.
Mauriello stated it would be a partnership between the Town of Vail staff and the applicant and
that the applicant would seek LEED Certification.
Cohn added throughout the application process, the team had been working through schematic
designs with LEED Certification in mind.
Staufer asked, in reference to the Lionshead Master Plan, if zoning was dependent on design,
who had the final say, DRB or PEC.
Mauriello explained it was a mixture of the two. PEC focused on the building and if it met criteria
and DRB would focus more design requirements.
Langmaid asked if there was a rebuttal from the appellant.
Rollins addressed discrepancies with Mauriello' s presentation. Some of the discrepancies
addressed were comments made regarding the presented statics of occupancy, VICOA was
Town Council Meeting Minutes of January 3, 2023 Page 5
only asked to meet with the development team once, VICOA fully understood the proposed
project and that was why they objected to it because they felt it was too massive.
Rollins stated VICOA did not oppose redevelopment to the property but felt the current proposal
needed to go back to the drawing board because of its size and bulk.
Rollins also addressed discrepancies regarding "live" beds for employee housing and reiterated
VICOA's concems regarding the helipad at Vail Health.
Rollins finished by asking Council to do the right thing and send the project back.
Mire reminded Council that the appeal was between two parties, Council could take public
comment, but should base their decision on the appeal presented.
Public comment was called.
Elaine Lapin, a Vail resident, stated her disappointment that West Meadow Drive was not
looked at for pedestrian safety and referenced her submittal to council prior to the meeting. She
asked that Council not approve the project and ask the developers to go back to the drawing
board.
Mery Lapin, a Vail resident, expressed his concerns regarding the proximity of Vail Health's
helipad to the redevelopment and thought there should be more employee housing allocated
than was required.
Mire explained to Council that the appeal was based on whether or not the application complied
with one of the Town's already created zone districts and where were certain criteria and
standards in those districts. Council could not negotiate, and it would be illegal for them to do
so. The Town does not have jurisdiction with oversight of helipads.
Alan Danson, a Vail resident. Stated it would be a mistake to ignore the PEC approval and the
PEC really thought the application through.
Kaye Ferry, a Vail resident, thought the project would enhance the changing guest experience.
Ted Steers, a Vail resident, asked Council to embrace the hotel quality of the design and
requested they uphold the PEC's approval.
Johannes Faessler, Sonnenalp Hotel, agreed with Danson and stated he hadn't heard anything
during the appeal to justify Council reversing the PEC's approval.
Jim Wear, on behalf of Vail Health, stated the hospital was in support of the development and
the hospital did not have an issue with the design which included the helipad concerns.
Peter Dan, with East West, stated he provided the statistics for the occupancies presented by
the applicant. He wanted to validate the information and explained the numbers given were
conservative and spoke in support of the project.
Town Council Meeting Minutes of January 3, 2023 Page 6
Mike Glass, President of First Western Trust Bank, asked Council to uphold the PEC's decision
and advocated for the Solaris Group.
Mark Gordon, a Vail resident, asked Council to trust the PEC members and the process of the
PEC.
Ronald Snow, Scorpio Condominiums, expressed concerns regarding the location of the
redevelopment of the Evergreen in relation to the flight paths of Flight for Life helicopters
Greg Tonkovich, Vail International, expressed his concerns with the effects of the
redevelopment on Middle Creek and the loss of existing walking paths.
Guillermo Velasco, owner at Vail International, explained he thought there should be a
redevelopment but there should be a pause to rethink the project so it would comply with the
Town of Vail and Lionshead Master Plan.
Joshua McMahon, represented an owner from the Evergreen Lodge, agreed with the points
made by the appellant and urged the Council to overrule the PEC's decision.
Pamela Steinmark, a Vail resident, expressed her concerns that mass models had not been
produced for the proposed redevelopment and worried about the location of the project in
relation to the helipad and the potential used of EHUs for other developments.
Public comment ended.
Seibert felt the PEC applied the code and didn't see a reason to overturn their decision.
Staufer expressed his concerns regarding the mass modeling and public safety with the helipad.
He requested a letter from the FAA stating the project didn't interfere with flight plans.
Langmaid stated the project isn't a Special Development District and Council didn't have leeway
to negotiate and believed the PEC met the criteria and would vote in favor of the projected
moving forward.
Davis agreed with Langmaid and that the PEC did their job.
Mason stated she would also vote in favor of the project moving forward and that she felt this
was a very thoughtful process and the DRB would also be thoughtful in their process.
Foley felt the applicant's presentation addressed some of the concerns brought up during public
comment and stated he had faith that the DRB would take care of the other concerns during
their process.
Coggin made a motion to approve, Davis seconded motion passed (7-0).
6.2 Ordinance No. 25, Series of 2022, Second Reading, An Ordinance Rezoning Lot 5 of
the Middle Creek Subdivision, a Re -subdivision of Tract A, from Natural Area
Preservation (NAP) to Housing (H); Lot 4 of the Middle Creek Subdivision, a Re -
Town Council Meeting Minutes of January 3, 2023 Page 7
subdivision of Tract A, from Natural Area Preservation (NAP) to General Use (GU), and
the Remainder of Tract A, Middle Creek Subdivision, a Re -subdivision of Tract A, From
General Use (GU) to Natural Area Preservation (NAP)
Presenter(s): Greg Roy, Senior Planner
Background: The subject property was annexed into the Town of Vail in 1968 with Ordinance
No. 8, Series of 1969.Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts. This
rezoning was part of a larger rezoning that occurred after the passage of the 1994 Open Lands
Plan adoption. In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the
development of Middle Creek Housing and to create the site for the telecom tower. In 2020, a
subdivision application was approved by the PEC to create Lot 3 as the site for the Residences
at Main Vail project.
Staff Recommendation: The Planning and Environmental Commission held a public hearing on
the proposed Zone District Boundary Amendment on December 12, 2022, where a
recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2-0 (Pratt
and Perez opposed).
Roy explained there were no changes made to the ordinance since the first reading.
Public comment was called.
There was none.
Foley made a motion, Coggin seconded motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Staufer seconded motion passed (7-0), meeting adjourned at 8:45 pm.
Attest:
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Stephanie Bibbens, Town Clerk
Respectfully Submitt
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Ma c
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Town Council Meeting Minutes of January 3, 2023 Page 8