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HomeMy WebLinkAbout2022 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, October 4, 2022 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: Travis Coggin, Mayor Pro Tern Barry Davis Kevin Foley Jen Mason Pete Seibert Jonathan Staufer Members present virtually: Kim Langmaid, Mayor Staff members present: 1. Citizen Participation Stan Zemler, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk Douglas Smith, a Vail resident, thanked Council for their investment in music for the town and expressed how important music was to the community and music set Vail apart as a destination and brought the valley together. Scott Rednor, a Vail business owner, thanked Council for their support of live music and their support for pop up live music during the pandemic which helped launch the non-profit MAPS institute of Modem Music. Samantha Biszantz, a Vail business owner and resident, expressed her concerns regarding distributors charging more for the dock fee for the loading and delivery program. She also stated the communication for the program needed improvement. Simone Reatti, a Vail business owner, voiced his concerns for the upcharge from vendors for the dock fee for the loading and delivery program and also worried if there were mistakes being made during the offseason, what would the program look like once the winter season started. 2. Any action as a result of executive session There was none. 3. Appointments for Boards and Commissions Town Council Meeting Minutes of October 4, 2022 Page 1 3.1 Planning and Environmental Commission (PEC) Appointments Staufer made a motion to appoint Brian Judge to serve on the PEC for a partial term ending on March 31, 2023; Foley seconded motion passed (7-0). 4. Consent Agenda 4.1 Resolution No. 48 Series of 2022, a Resolution Approving Improvements to the Community Housing Lottery Selection Process Eligibility Requirements Approve Resolution No. 48, Series of 2022 and for the resolution to take effect upon passage. Background: Proposed improvements to the community housing lottery ticket eligibility process. Staff Recommendation: Approve Resolution No. 48, Series of 2022 and for the resolution to take effect upon passage. Davis made a motion to approve Resolution No. 48, 2022 as presented, with an amendment to add the stipulation "one ticket shall be awarded for owning deed restricted residential real estate within the Town of Vail at the time of lottery application submission deadline date as verified by signed and sworn affidavit an Eagle County Assessors Property Records; Mason seconded motion passed (7-0). 4.2 Xcel Energy Utility Easement Direct the Town Manager to execute the utility easement, in a form approved by the Town Attorney, with Xcel Energy. Background: Xcel Energy is requesting a Utility Easement across Tract C, just north of Sunbird Park to provide gas service to the Legacy and Elevation developments. Staff Recommendation: Direct the Town Manager to execute the utility easement, in a form approved by the Town Attorney, with Xcel Energy. Mason made a motion to approve; Foley seconded motion passed (7-0). 4.3 Contract Award with Icon Inc for Meadow Drive Culvert Replacement Direct the Town Manager to enter into a contract, as approved by the Town Attorney, with Icon Inc. in an amount not to exceed $76,190. Background: The Town bid the Meadow Drive Culvert Replacement Project which will replace an existing shallow culvert and add a new inlet. The project is a part of the East Vail Drainage Improvement Project Phase II scheduled to be constructed next year, however it has been expedited due to safety concerns and resident complaints. Staff Recommendation: Direct the Town Manager to enter into a contract, as approved by the Town Attorney, with Icon Inc, in an amount not to exceed $76,190. Town Council Meeting Minutes of October 4, 2022 Page 2 Staufer made a motion to approve; seconded by Mason motion passed (7-0). 5. Town Manager Report There was none. 6. Action Items 6.1 Sole Source Contract Award to Tri-phase Electric Company for Ford Park Lighting System Installation Staff requests the Council direct the Town Manger to enter into a construction contract with Tri- phase Electric Company in the amount of $132,111 for the installation of the Ford Park Synapse Lighting Control System components. Presenter(s): Todd Oppenheimer, Capital Projects Manager Background: The existing LSI Lighting Control system in Ford Park has been discontinued and is no longer supported by the manufacturer. The Town currently has no means of changing lighting schedules in Ford Park. The Town has worked previously with Fisher Lighting and Controls to assist the Town is selecting systems that will satisfy the requirements of the Ford Park lighting system. The Synapse System continues to wirelessly control all lights in Ford Park individually and as groups with the added benefit of allowing staff to make changes to the schedules without having to go through the manufacturer's product support center. Tri-phase Electric Company has worked with the Town of the Ford Park Lighting Control System from the initial installation in 2017. The company is uniquely qualified to perform the necessary tasks to replace the existing system components with the new Synapse Control System components. Staff Recommendation: Staff requests the Council direct the Town Manger to enter into a construction contract with Tri-phase Electric Company in the amount of $132,111 for the installation of the Ford Park Synapse Lighting Control System components. Oppenheimer clarified the upgrade to the Ford Park lighting control system was within the budget and did not require Council approval, but the sole source contract for Triphase Electric to install the system would need Council approval. Oppenheimer explained that there would be no learning curve for Tri-phase Electric and there wasn't another contractor in the Vail Valley that would be able to install this system to Ford Park. Foley clarified Ford Park would not have the lights on all night when the fields weren't being used like in the past. Oppenheimer explained the new system would allow for a dimmer light on the path that employees use to get to the Ford Park Parking Lot, but that the town would be able to turn off the part of the path that isn't maintained or used in the winter. Public input was called. Town Council Meeting Minutes of October 4, 2022 Page 3 10 There was none. Foley made a motion to approve; Staufer seconded motion passed (7-0). 6.2 Contract Award to GH Daniels III and Associates for Donovan Park Landscape Modification Project Direct the Town Manger to enter into a construction contract with GH Daniels III and Associates Inc. in the amount of $56,934 for the Donovan Park Landscape Modification Project. Presenter(s): Todd Oppenheimer, Capital Projects Manager Background: The Donovan Park Landscape Modification Project is a redesign of the existing lawn area between the Donovan Pavilion and new Donovan Park picnic shelter requested by the managers of the Donovan Pavilion. The primary intention of the design is to divide the lawn area into 2 easily recognizable sections to eliminate overlap between users of each facility. A secondary effect of the project is the replace a section of irrigated turf grass with drought tolerant native plant species. Staff Recommendation: Direct the Town Manger to enter into a construction contract with GH Daniels III and Associates Inc. in the amount of $56,934 for the Donovan Park Landscape Modification Project. Oppenheimer discussed the different design plans for the modification project and explained that some of the work would start in the current month but would be finished by May 2023. Oppenheimer explained the purpose of the contract was to increase the project budget by $22,000.00 and to award the construction contract to GH Daniels III and Associates. He stated that the increase in funds would be in the next budget supplemental. Mason made a motion to approve; Davis seconded motion passed (7-0). 6.3 Resolution No. 47, Series of 2022, a Resolution of the Vail Town Council Establishing a Special Fund to Accept Donations to Assist with the Town's Preservation and Protection of the Booth Heights Property and its Wildlife Habitat Approve, approve with amendments, or deny Resolution No. 47, Series of 2022. Presenter(s): Carlie Smith, Finance Director Background: Provide information for Resolution No. 47, Series of 2022, which will establish a designated fund for private and public contributions for the purpose of the conservation and protection of open lands for the Vail Bighorn Sheep herd. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 47, Series of 2022. Town Council Meeting Minutes of October 4, 2022 Page 4 11 Smith explained Resolution No. 47, Series of 2022 was in response to the community' request to help support the town's efforts to acquire Booth Heights and members of the community would be able to make their donations either through a website or in person at the Town of Vail Municipal Building. Public comment was called. Robin Birch, a Vail resident, stated she would like to donate to the Special Fund to assist with the Town's preservation and protection of the Booth Heights property and its wildlife habitat and asked if it was a 501 c3. Robyn Smith, a Vail resident, recommended Resolution 47, Series of 2022 have a more transparent title and asked to strike the PR and marketing from the budget since it didn't seem appropriate for the government to be directing funds to influence public opinion. She also recommended the addition of a line item to fund research for future preservation efforts. Bob Essin, a Vail resident, commented on how frequently he saw the bighorn sheep herd on both sides of the fence over the summer and that the sheep use the land more often than he realized. Richard Leslie, a Vail resident, stated the Council was doing a great job concerning the Booth Heights property, but needed to be more forceful and direct with their communications with Vail Resorts. Betsy Kiehl, a Vail resident, thanked Council for listening to the community and stated Vail Resorts was not being realistic regarding the Booth Heights parcel being "shovel ready" and noted it was odd that it seemed Vail Resorts continued to avoid the Ever Vail conversation when they have stated in the past employee housing is a priority. Debbie King Ford, a Vail resident, stated that if Vail Resorts was really concerned about housing, they would move forward with more shovel ready land that they already own. Pamela Stenmark, a Vail resident, encouraged Council to stay the course and agreed with the previous statements made by Debbie King Ford. Council members discussed omitting the marketing and public relations language in the resolution and requested staff to add preservation of habitat and ability to conduct scientific research to the resolution. Gina Grisafi, a Vail resident, stated she would like the PR and marketing line item to stay in the Resolution so that more could be done to counteract the negative messaging from Vail Resorts through social media. Staufer made a motion to approve Resolution No. 47, Series of 2022 with an update of removing the public relations and marketing fees from paragraph A, Section 1 and adding to Section D, of Section 1, the allowance of scientific research and habitat protection; Foley seconded motion passed (7-0). Town Council Meeting Minutes of October 4, 2022 Page 5 12 6.4 Ordinance No. 19, Series of 2022, First Reading, An Ordinance Repealing and Reenacting Title 5, Chapter 11 Of The Vail Town Code Concerning The Abatement Of Diseased Trees and Wildfire Fuels Approve or approve with modifications First Reading of Ordinance No. 19 Series of 2022 Presenter(s): Paul Cada, Wildland Manager and Matt Mire, Town Attorney Background: Staff has identified a number of practical difficulties with the application of Title 5, Chapter 11 of the Vail Town Code. Staff recommends changes to this section of Town Code to resolve identified issues with the issuance of tree removal permits and the abatement process for hazardous wildfire fuels. Staff Recommendation: Approve or approve with modifications First Reading of Ordinance No. 19 Series of 2022. Cada presented updates to address certain issues in the current code. He stated the first update would be to change the method of delivery for notifications from certified mail or personally delivered to first class mail or personally delivered to expedite communications from the department and would not require the owner to sign for the letter which would make access to the notification easier. The second change Cada presented was to add a Design Review Exemption process. He explained the process would codify existing administrative practices of Vail Fire and Emergency Services and Community Development in the issuance of permits for defensible space and diseased trees and streamline the issuance of permits. The last change Cada presented was eliminating the Joint Property Sign Off section of the code. He explained under the current code, all owners of joint property are required to receive permission to comply with the rest of the code which could result in extended delays in property owners complying with the previsions of the code. Getting rid of this section would allow property owners to comply with the code more quickly. Foley asked if there would be a decrease in the DRB staff approvals that Council sees on the DRB reports they review during work sessions. Cada responded that Council would still see staff approvals for tree removals as the proposed change only refers to dead or diseased trees, or trees that posed an imminent threat from wildfire. Anything else would go through DRB. Staufer asked what the right of appeal would be for a citizen under the new ordinance. Cada explained the right of appeal for public safety would go to through the Town Council. Davis asked about diseased tree removal time and when a diseased tree goes from being a threat to a danger. Town Council Meeting Minutes of October 4, 2022 Page 6 13 Cada explained the code allowed 30 days for removal or a plan of removal which was dependent on circumstance. He also explained dangerous trees could mean different things and required to be evaluated situation to situation and making sure appropriate public safety would be addressed. Langmaid expressed concerns over the variety of migrant birds that nest in the trees. She asked Cada if the code could include a time stipulation from early May to mid -July that prohibited tree mitigation during the birds' nesting periods unless there was an imminent threat or emergency. Public comment was called. Robin Birch, a Vail resident, asked how a homeowner would deal with a dead tree in the Town of Vail's right of way, stating she had a couple of worrisome trees on her property and asked for the town to have a protocol for homeowners regarding worrisome trees. Cada responded homeowners should notify either the Fire Department or Public Works with concerns of dead or diseased trees either on Town of Vail property or the homeowner's property and staff would assess the issue and evaluate steps to move forward. Foley made a motion to approve first reading of Ordinance 19 as presented, with the addition in section 5-11-5 of a three-month period to only taking down trees that pose an imminent public threat; Mason seconded motion passed (7-0). 6.5 Winter Parking Discussion Approve the winter 2022-2023 parking and mobility program and approve budget adjustments related to the winter 2022-2023 parking and mobility program. Presenter(s): Greg Hall, Public Works and Transportation Director Background: At the August 16, 2022, Town Council meeting initial recommendations were presented to the Town Council, On September 20, 2022, the Town staff presented the Parking & Mobility Task Force final recommendations for the winter 2022-2023 parking program for adoption. Based on the Town Council discussion and direction, the program has been modified to have time to prepare for parking sales and marketing to the public regarding this winter parking plan, as well as time to program the rate structure into the system. Approval of the program is required as this has become time sensitive for successful implementation. Staff Recommendation: Approve the winter 2022-2023 parking and mobility program and approve budget adjustments related to the winter 2022-2023 parking and mobility program. Halloran explained staff was bringing Council a revised parking plan that simplified daily parking rates and would hopefully modify parking behavior to help staff manage peak and overflow days. She also stated parking passes had been rebranded, but other than price increase, the passes remained largely the same. Town Council Meeting Minutes of October 4, 2022 Page 7 14 Hall presented the updates from the previous Town Council meeting on September 20, 2022 and explained the type of passes that were being sold and the requirements for purchasing those passes. Updates presented included: The initial 0-30 min free period was proposed as a 1-hour free period all days Village and Lionshead with exception of Local pass holders that would receive 2 hours free on non -peak days. • The local's discount rates would be the same for all those who qualify in Vail and Eagle County. Pass holders would also be able to park for free from 5:00am to 9:00am any day and on non -peak days, local passes would be half -off the retail rates and half -off outlying daily rates on peak and non -peak dates. The exterior variable message signs were moved to a 2023 capital budget request. Foley asked if the safe driver option, where if a person arrived after 3pm and got out of the structure the following day before 1 lam because they had too much to drink and took a cab home, was still available in the upcoming season. Hall responded yes, in the Vail Village parking structure and in the Lionshead parking structure. Coggin stated staff should consider how to implement this program in the Red Sandstone structure as well. Smith reported to Council that although pass benefits would largely stay the same, signing up for the passes would be different this year with the online system. This would require uploading qualifying documents to an online portal and receiving a QR Code in an email once the documents had been verified by staff. Smith stated the parking staff would be reaching out to business owners in the upcoming weeks to discuss options for the upcoming season and staff would also host two full days of parking pass sign-up assistance to locals and employees on October 19 and 26, 2022. Smith explained there would be instructions posted to the webpage as well as social media posts to help passholders through the process. Foley asked where staff would be hosting the assistance for pass sign-ups. Smith stated staff would most likely be hosting the assistance in the Council Chambers. Coggin suggested adding a day for assistance in November. Hall finished his presentation by going over the budget for the new parking system which covered staffing, marketing, and adding variable message signs in the structures. He also outlined possible future implementations which included more research on the carpool program options and costs, continued Parking Task Force meetings and to explore a merchant validation pilot program. Town Council Meeting Minutes of October 4, 2022 Page 8 15 Coggin stated he would like the Local Pass to be $15.00 and expressed his support for encouraging locals to purchase passes in order to acquire the data that would help staff make better decisions regarding parking and consumer behavior. Public Comment was called. There was none. Davis agreed with Coggin's statement regarding pass data and suggested going to one rate structure for the first year instead of the two rate structures in an effort to help avoid confusion over the changes in the structures. Staufer asked about the impacts to the budget if Council changed the local pass from $50.00 to $15.00. Smith responded she could report updated projections at the next meeting but did not think the price change would cover the cost of what Hall presented earlier. Foley stated the Vail locals should pay $25.00 for their pass and Eagle County locals should pay $50.00 for their pass. He stated the differential rates were not confusing, and that people could understand that Friday, Saturday, and Sunday the consumer pays more and on Monday, Tuesday, Wednesday and Thursday they would pay less. Mason stated the differential rates were not new and most pass holders were familiar with the dual structures. Hall stated the dual rates would be new to the general consumer but not to locals and passholders. Langmaid thanked the public for their input and staff for their efforts to implement all the input they received from the public and Council and for all the hard work that had gone into the new parking program. Council members stated they would like a differential pass price for Vail locals and Eagle County locals. Vail locals should pay $25.00 and Eagle County locals should pay $50.00. Council agreed to the proposed pass price increase and also to supplement the proposed budget in the next budget supplemental. Foley made a motion to approve; Staufer seconded motion passed (7-0). 7. Public Hearings 7.1 Ordinance No. 18, Series of 2022, Second Reading, An Ordinance Making Budget Adjustments to the Town of Vail Real Estate Transfer Tax Fund and Capital Projects Fund of the 2022 Budget for the Town of Vail, Colorado, and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto -"Booth Heights" and "Town of Vail Employee Rental Purchases" Town Council Meeting Minutes of October 4, 2022 Page 9 16 Approve, approve with amendments, or deny Ordinance No. 18, Series of 2022, Second Reading. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. Staff Recommendation: Approve, approve with amendments or deny Ordinance 18, Series of 2022 on Second Reading. Smith explained the ordinance would allocate $20.0 million across the Capital Projects and Real Estate Transfer Tax Funds. $12.0 million was a placehoider for the Booth Heights parcel and $8.0 million would be added to the Capital Projects Fund to purchase Town of Vail employee rental inventory units. She stated $5.1 million of the $8.0 million was already allocated and approved by Council. Foley asked if the $8.0 million was added to the second reading as clean up to the supplemental. Smith stated the Capital Projects Fund had enough to cover the purchases, but staff wanted to make sure the $8.0 million was specifically allocated for employee housing rentals. Foley asked by increasing the Town's rental inventory, would the Town be able to potentially sell some of their other properties to locals as deed restrictions in the future. Smith stated that was a possibility. Public comment was called. There was none. Foley made a motion to approve; Staufer seconded motion passed (5-2 Coggin and Davis against). Coggin and Davis stated they agreed with the supplement for Town of Vail employee rental purchases but did not support the Booth Heights supplement and would be voting against the ordinance for that reason. 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 7:41 pm. Attest: J Stephanie Bibbens, Town Town Council Meeting Minutes of October 4, 2022 ectfuliy Submitted-- , ngmaid-MayFor Page 10 17 Vail Town Council Meeting Minutes Tuesday, October 18, 2022 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: Members present virtually Members absent: Staff members present: 1. Citizen Participation Kim Langmaid, Mayor Kevin Foley Jen Mason Pete Seibert Barry Davis Jonathan Staufer Travis Coggin, Mayor Pro Tern Stan Zemler, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk Robyn Smith, a Vail resident, reminded the community of the final Steward Vail public input session that was later in the week. Mark Haynes, a Vail business owner, voiced his concerns regarding the general public being able to utilize the Red Sandstone parking structure for the winter season instead of just employees. Zach Varon, a Vail resident, aired his concerns regarding the decision to condemn the Booth Heights property. Students from Red Sandstone Elementary, thanked Council for their donation of Donovan Pavilion for their fund raiser on Saturday, November 5, 202, and invited the community to attend. Matt Morgan, a Vail business owner, complimented the loading and delivery program in the Vail Village and explained why it was a positive change. 2. Any action as a result of executive session There was none. 3. Proclamation Town Council Meeting Minutes of October 18, 2022 Page 1 3.1 Proclamation No. 8, Series of 2022, National Friends of Library Week Approve Proclamation No. 8, Series of 2022. Presenter(s): Lori Barnes, Director of Library Services Background: Friends of Libraries groups have their very own national week of celebration! United for Libraries coordinates this 17th annual National Friends of Libraries Week Oct. 16-22, 2022. United for Libraries is a division of the American Library Association with over 4,000 members representing hundreds of thousands of library supporters. United for Libraries supports those who govern, promote, advocate, and fundraise for libraries, and brings together library trustees, advocates, friends, and foundations into a partnership that creates a powerful force for libraries in the 21 st century. htti)s://dominiciuetavlorahotociranhv.vixieset.com/vaiIlibrarvchamDagnecelebration/ Barnes took the opportunity to thank the friends of the library for their monetary donations as well as other's donation of time to the library. 4. Consent Agenda 4.1 September 6, 2022 TC Meeting Minutes Foley made a motion to approve; Mason seconded motion passed (6-0). 4.2 September 20, 2022 TC Meeting Minutes Staufer made a motion to approve; Mason seconded motion passed (6-0). 4.3 Contract Award to BFX Fire Apparatus for Type 6 Brush Truck for 2023 Authorize the Town Manager to enter into a contract with BFX Fire Apparatus to purchase a Type 6 Brush truck in 2023 for the quoted price of $243,850.00. Background: The TOV owns and operates two Type 6 Brush Trucks. The older of the two is scheduled to be replaced in 2023 as per our Heavy Equipment Fund (HEF) 10 year replacement plan. The truck scheduled for replacement has been in service as a front-line wildland apparatus for 10 years and is beginning to show signs of wear and increased maintenance needs. As most things these days the delays and build times are significantly extended. We would like to enter into this agreement as soon as possible in hopes to receive this apparatus in the fall of 2023. The quote that we hope to award states a 365 day build time. The original budget in the HEF plan was for $166,300.00. With inflation to labor, vehicles and build materials this budget number fell significantly short of the bids which were received for the vehicle. After the RFP process we will need to approve more funding to make this project happen. Staff Recommendation: Authorize the Town Manager to enter into a contract with BFX Fire Apparatus to purchase a Type 6 Brush truck in 2023 for the quoted price of $243,850.00. Foley made a motion to approve; Mason seconded motion passed (6-0). Town Council Meeting Minutes of October 18, 2022 Page 2 4.4 Contract Award to Golden Peak Productions for the production of the Vail Aprbs Village Concerts and Vail's 60th Birthday Bash Direct the Town Manager to enter into an agreement with Golden Peak Productions, on a form approved by the Town Attorney, for the production of the Vail Apr6s Village Concerts and Vail's 60th Birthday Bash in an amount not to exceed $140,000. Background: An RFP was published for Vail Aprbs Village Concerts and Vail's 60th Birthday Bash, 5 proposals were received, and an event producer was chosen for this scope of work. Town staff and Vail Mountain staff collaborated on the publishing of the RFP and the review of the proposals to find the right event production partner. Five proposals were submitted and reviewed, and Golden Peak Productions was selected for their creative proposal, experience with local and national events, concert production and operations experience, and extensive food and beverage and concessions experience. Staff Recommendation: Direct the Town Manager to enter into an agreement with Golden Peak Productions, on a form approved by the Town Attorney, for the production of the Vail Apres Village Concerts and Vail's 60th Birthday Bash in an amount not to exceed $140,000. Mason made a motion to approve; Foley seconded motion passed (6-0). 5. Town Manager Report (10 min.) Zemler updated Council on potential upgrades to Dobson Ice Arena. Zemler explained next steps would be to put out a request for qualifications to took for one entity to help with all aspects of the facility and the second step would be to focus on a second sheet of ice either permanent or temporary, to relieve any impact that might take place during a renovation. 6. Presentations/Discussion 6.1 Cultural Alliance Group Presentation Information update only. No action requested. Presenter(s): Pedro Campos and Tim Losa, Zehren & Associates Background: The Town of Vail Cultural Alliance, in concert with the Town of Vail Community Development Department, has contracted with Zehren and Associates to explore space and programming elements of a potential development on the current site of the Children's Garden of Learning (former charter bus lot) and the areas adjacent to the south side of the Lionshead Parking Structure. These areas are components of the adopted Civic Area Master Plan. The concept behind this new public amenity, called The Hub, is a multi -use facility to accommodate community gathering, performing arts, museum galleries, business incubator space, civic functions and workforce housing. Staff Recommendation: Listen to presentation and provide feedback. Town Council Meeting Minutes of October 18, 2022 Page 3 Matt Gennett, Community Development Director, explained the presentation was collaborative between the Vail Cultural Alliance and the Town of Vail, which expanded on the ideas that were presented in the adopted Civic Area Plan for the Charter Bus Lot specifically. Losa presented potential plans for the current site of the Children's Garden of Learning and the areas adjacent to the south side of the Lionshead Parking Structure. The presentation was an overview of potential uses for the space that centered around the Town's need/desire for a central location that would accommodate gatherings, performing arts, cultural legacy, education, enterprise, civic functions and housing. Losa sighted performance art centers throughout the different resort communities as inspiration for the plans presented. Mason thanked Beth Slifer for her dedication to the Cultural Alliance group and the volunteers that have out the time and effort into vetting the different aspects of the proposed facility. Langmaid asked if the proposed facility would compete with the Vilar Center. Beth Slifer, a member of the Cultural Alliance group, explained the proposed facility's purpose was to fulfill a need in the community and not to compete with the Vilar Center. Slifer took the time to thank the architects for their rendering of the facility and stated the Cultural Alliance gave 13 wish list items and the architects delivered on all 13. Langmaid identified finding the Children's Garden of Learning a permanent home was priority, asked if there was a way to add an over or underpass to connect the community more and asked about operating expenses. Slifer stated the Alliance acknowledges that there will be some challenges in covering operating expenses but were looking at all possibilities to fund the facility. She explained there was $42 million dollars in TIFF money that needed to be spent by June 2030, bonding potential, and should the offices at the Municipal Building were moved to the facility, the Town could sell the existing property to help pay for the new facility construction and future operating costs. Langmaid asked about next steps. Slifer explained next steps would include hiring an architect to create construction contracts and put them out to bid to get something built by 2030 and use up the TIFF money. She would like to see Dobson Ice Arena and the Cultural Arts Facility as a package and move simultaneously and as quickly as possible. Seibert stated it would be helpful to have a chart with all the information of the different uses, space, and time each group using the facility would need to better explain to the community how the facility would work. Zemler stated he would connect with Gennett to outline proposed next steps for Council. Council members all agreed public input would need to take place. Town Council Meeting Minutes of October 18, 2022 Page 4 Staufer asked if there were estimates for the project. Slifer stated preliminary estimates were $80 million dollars, which would include some housing or moving the offices at the municipal building to the facility and $100 million if Council wanted to include Dobson in the project. Slifer explained those were big numbers, but with all the non -profits just in the Vail community, she felt the Council would get the support for a project like this. Davis stated he was in support of the idea but would like more stakeholder and Council input on how to achieve what was outlined. Ramsey Cotter, Vail business owner, spoke to the great opportunity the Vail community had to have a facility like the one proposed to encompass so many different functions. Connie Kincade-Strahan, President of the Vail Valley Theater Company, expressed the challenges of finding a place to perform and was grateful to be apart of the discussion with the Cultural Alliance. Garrett Davies, Chair for the Vail Jazz, spoke in favor of the cultural facility and reinforced the challenge the non -profits had for finding "fit for purpose" facilities and worried some of the cultural activities were at risk if a solution wasn't found. 7. Action Items 7.1 Resolution No. 49, Series of 2022, In Support of Town of Vail Ballot Issue 2H- Formation of Eagle Valley Transportation Authority Approve, approve with amendments or deny Resolution No. 49, Series of 2022. Presenter(s): Kathleen Halloran, Deputy Town Manager Background: The Vail Town Council supports and endorses Town of Vail Ballot Issue 2H for the formation of the Eagle Valley Transportation Authority in the upcoming November 8, 2022 General Coordinated Election, as a measure that will improve and enhance regional transportation services offered to the workforce, residents and guests and which will also promote increased livability, sustainability and economic vitality for Vail and the Eagle County region. Halloran stated this was an opportunity for Council to express their support for the two ballot issues Vail had on the upcoming election. Langmaid expressed the importance of the Regional Transit Authority and that it would make living in the valley easier and more habitable. Seibert asked the community to support the Regional Transit Authority ballot issue, stating it would affect everyone in the valley, not just Vail, for the better. Mason explained it would make travel easier throughout the valley for everyone. Town Council Meeting Minutes of October 18, 2022 Page 5 Davis appreciated the support of the ballot issue. Staufer stated the Regional Transit Authority would be a wonderful way to unite everyone from Vail to Glenwood. Foley made a motion to approve; Staufer seconded motion passed (6-0). 7.2 Resolution No. 50, Series 2022, A Resolution in Support of Town of Vail Ballot Issue 21- Authorizing the Excess Revenue Collected from the Town's Sales Tax to be Retained and Spent on Housing Initiatives Approve, approve with amendments or deny Resolution No. 50, Series of 2022. Presenter(s): Kathleen Halloran, Deputy Town Manager Background: The Town Council adopted Resolution No. 35, Series 2022, a Resolution of the Vail Town Council submitting a ballot issue (21) to the registered electors of the Town at the Town's General Coordinated Election on November 8, 2022 on August 2, 2022. The Town of Vail encourages voters to support ballot issue 21, allowing the town to retain unexpected excess revenues projected to be collected in the first year. Halloran explained the Vail voters approved ballot initiative 2A in November 2021 increasing the sales tax rate 0.5% on all items except for food for home consumption. She stated the Colorado's Taxpayer Bill of Rights (TABOR) prohibits first year collections of any new tax to exceed the amount stated in the original ballot language. Collections were estimated at $4.5 million on the original Ballot and explained Ballot Issue 21 asked voters to allow the town to retain the unexpected excess revenues projected to be collected in the first year, estimated at $800,000, to continue implementing housing solutions. Mason clarified this would be the only year the community would need to vote on this issue. Langmaid stated the Vail Economic Advisory Council was in favor of the Town keeping the access funds instead of giving it back to the business owners. Halloran clarified no money would be given back, instead the Town would have to ask businesses to put a hold on collecting the tax until the difference was made up. Staufer explained he was in support of the initiative and further explained he was not in favor of the original ballot on the last election, but was delighted and astounded in how quick the Town was moving to solve some of the housing problems within the community. Seibert stated it made sense to keep the excess funds and to keep moving forward with housing. Foley made a motion to approve; Mason seconded motion passed (6-0). 7.3 Special Operation Unit Purchase Request Approve the purchase of the Vantage Robot with the Hot Gas Delivery System and approve the allocation of funds not to exceed $97,500.00. Town Council Meeting Minutes of October 18, 2022 Page 6 Presenters): Commander Justin Liffick, Vail Police Department Background: An Executive Order, signed by President Biden significantly limits the ability to utilize equipment received from the federal 1033 program. The purchase of this robot will allow the Eagle County Special Operations Unit to use the robot and not have any conflicts with federal or state mandates. Technology has increased significantly since our current robot was manufactured. Staff Recommendation: Approve the purchase of the Vantage Robot with the Hot Gas Delivery System and approve the allocation of funds not to exceed $97,500.00. Liffick explained it was becoming more frequent to send SWAT Technology into situations before personnel. He stated the technology helped ensure the safety of the officers, caused less damaged and could be used for other operations other than SWAT missions, such as, search and rescue or hazardous materials accident response. Liffick also explained the time sensitivity to acquiring the new Vantage Robot and trailer. He also explained that both the Avon Police Department and the Eagle County Sheriffs Department would be sharing the cost of the robot and Avon Police Department would be housing the robot when it was not in use. Foley clarified for the public the Town would not be responsible for the full amount, that the Town of Avon and Eagle County Sheriffs Department would be splitting the cost with Vail Police Department. Staufer asked how the Vail PD has utilized this type of technology. Liffick stated the Vail PD has used a robot in every SWAT mission. They used this technology to breach doors, for search and rescue, and other purposes once they have gained access to a structure. Foley made a motion to approve; Mason seconded motion passed (6-0). 8.Public Hearings 8.1 Ordinance No. 19, Series of 2022, Second Reading, An Ordinance Repealing and Reenacting Title 5, Chapter 11 Of The Vail Town Code Concerning The Abatement Of Diseased Trees and Wildfire Fuels Approve or approve with modifications Second Reading of Ordinance No. 19 Series of 2022 Presenter(s): Paul Cada, Wildland Manager Background: Staff has identified a number of practical difficulties with the application of Title 5, Chapter 11 of the Vail Town Code. Staff recommends changes to this section of Town Code to resolve identified issues with the issuance of tree removal permits and the abatement process for hazardous wildfire fuels. Town Council Meeting Minutes of October 18, 2022 Page 7 Staff Recommendation: Approve or approve with modifications Second Reading of Ordinance No. 19 Series of 2022 Cada explained he made the suggested corrections to the ordinance that Council made during the first reading regarding the protection of nesting birds. Public comment was called. There was none. Staufer made a motion to approve; Foley seconded motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (6-0), meet adjourned at 7:25pm. Attest: Ste �ens, Town Clerk Respectfully Sub im Langm d, Mayor a OP 2 m �pdRAT�� Town Council Meeting Minutes of October 18, 2022 Page 8