HomeMy WebLinkAbout2022-12-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 6, 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 Pro Tem Coggin.
Members present:
Members absent:
Staff members present:
1. Citizen Participation
Travis Coggin, Mayor Pro Tem
Kevin Foley
Jeri Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Kim Langmaid, Mayor
Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
Rick Sackbauer, a Vail resident, complimented the holiday lights throughout the town and
expressed his gratitude to the Public Works Department for their snow removal efforts.
Jason Peters, a Vail resident, stated his concern regarding the speed limit on Main Gore,
explaining cars would slide into property during bad weather because they were going too fast.
2. Any action as a result of executive session
3. Proclamation
3.1 Proclamation No. 10, Series of 2022 "WhoVail Day"
Approve Proclamation No. 10, Series of 2022,
Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences
Vail; Jonathan Reap, Director of Sales and Marketing Four Seasons Resort and Residences
Vail; and the Gnnch
Background: This holiday season will celebrate the 8th anniversary of the tradition to the twist of
the story, "How the Grinch Stole Christmas".
Each council member took a turn reading Proclamation No. 10, Series of 2022 into the record.
Town Council Meeting Minutes of December 6, 2022 Page 1
4. Consent Agenda
4.1 Resolution No. 55, Series of 2022, A Resolution Approving the Operating Plan and
Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2023 through
December 31, 2023
Approve, approve with amendments or deny Resolution No. 55, Series of 2022
Background: Please see attached memo.
Foley made a motion to approve, Staufer seconded motion passed (6-0).
4.2 Resolution No. 56, Series of 2022, IGA with Avon and Eagle Sheriffs Department for
SWAT Bot
Approve, approve with amendments, or deny Resolution No. 52, Series of 2022.
Background: The Town wishes to enter into an agreement with Avon and the Eagle County
Sheriffs Office regarding the purchase and shared use of a robot with critical public safety -
related capabilities.
Staufer made a motion to approve, Mason seconded motion passed (6-0).
4.3 Resolution No. 58, Series of 2022, A Resolution Approving the Purchase of the
Residential Property Known as Vail East Lodging Condominium, Unit 22, 4073 Spruce
Way, Vail, CO 81657
Approve Resolution No. 58, Series of 2022 authorizing the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, the purchase of Vail East Lodging
Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 in the amount of, and not to exceed,
$480,000, plus closing costs.
Background: The availability of housing for its employees remains an ongoing need for the
Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too
is challenged by the need for housing for its workforce. As the FTE count for the Town grows so
does it's need to support housing for the employees. Over the years the Town has taken a wide
range of approaches to addressing its employee housing needs, including "buying down" homes
for purchase by Town of Vail employees. Availability of adequate housing remains a primary
barrier to acceptance of employment offers for the Town of Vail.
Foley made a motion to approve; Mason seconded motion passed (6-0).
4.4 Resolution No. 59, Series of 2022, A Resolution Approving an Intergovernmental
Agreement between the Town of Vail and State of Colorado Department of Public Health
and Environment ("CDPHE") Regarding Grant Funds for Stormwater Improvements
Approve, approve with amendments or deny Resolution No. 59, Series of 2022.
Town Council Meeting Minutes of December 6, 2022 Page 2
Background: The Town wishes to enter into an agreement with the CDPHE to receive grant
funds in the amount or $272,109 for certain stormwater improvements including the installation
of inlet filtration devices in stormwater inlets to capture sediment and trash in areas of Vail
Village and Lionshead Village.
Seibert made a motion to approve, Foley seconded motion passed (6-0).
4.5 Contract Award to Frog Creek Partners for the Purchase and Installation of
Stormwater Treatment Devices in Vail and Lionshead Villages
Approve, approve with changes, or deny request to enter into contract.
Background: Colorado Department of Health and Environment (CDPHE) has awarded Town of
Vail $272,109 in grant funds for the installation of between 270 and 280 Frog Creek Gutter Bin
stormwater treatment devices in Vail Village and Lionshead Village. Town of Vail plans to roll
$220,000 in Water Quality Infrastructure funds from the 2022 budget in March of 2023 to meet
the match for the grant award.
Staff Recommendation: Direct the Town Manager to enter into the Professional Services
Agreement with Frog Creek Partners for the purchase and installation of stormwater treatment
devices.
Foley made a motion to approve, Mason seconded motion passed (6-0).
4.6 Contract award to the Vail Valley Foundation for the production of the April Concert
Background: Please see attached memo.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, on a form
approved by the town attorney, with the Vail Valley Foundation to produce the April Concert
Series, in an amount not to exceed $250,000. Vail Resorts would reimburse the Town of Vail
$125,000,
Mason made a motion to approve, Foley seconded motion passed (6-0).
4.7 Contract award to Golden Peak Productions for the Vail Apres Monthly Concert
Series
Background: Please see attached memo.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, on a form
approved by the town attorney, with Golden Peak Productions to produce the Vail Apr6s
Monthly Concert Series, in an amount not to exceed $150,000.
Davis made a motion to approve, Mason seconded motion passed (6-0).
4.8 Contract Award to Gillig for Replacement Transit Buses
Town Council Meeting Minutes of December 6, 2022 Page 3
Background: The Town of Vail owns and operates 33 transit buses. The buses are on a 12-year
replacement plan, which is consistent with FTA requirements that a transit bus be designed and
operate for a minimum of 12 years. The manufacturer is stating that current order build dates
are out to 2024 due to supply chain issues that are affecting everyone. The bus replacement
plan has two buses to be replaced in 2024 that will be battery electric.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, on a form
approved by the town attorney to purchase two Gillig Lowfloor 42' battery electric buses this
year to take delivery in an amount not to exceed $2,020,762.00.
Mason made a motion to approve, Staufer seconded motion passed (6-0).
5. Town Manager Report
5.1 Council Matters and Status Report
There wasn't one.
6. Presentations/Discussions
6.1 Vail Mountain Update
Presenter: Beth Howard, Chief Operating Officer, Vail Mountain
Howard gave an early season update regarding the open terrain on the mountain and explained
the openings were well above what was opened last year at the same time.
6.2 Timber Ridge Update
Presenters: George Ruther, Housing Director
Background: This work session is intended to be one of many meetings with the Vail Town
Council, the Vail Local Housing Authority, and the Vail community as the Housing Department
and Triumph Development West begin breaking down what will be a long list of topics for
discussion and decision -making with regard to the redevelopment of Timber Ridge.
Staff Recommendation: Listen to presentation and provide feedback.
Ruther explained the presentation would focus on revised programming and uses, displacement
and relocation of the current residents, and would ask for direction on next steps for the
redevelopment of Timber Ridge.
Ruther reviewed the programming and uses for the redevelopment. The project would consist of
1-, 2-, 3-, and 4-bedroom units and would also be a combination of surface and structured
parking. The revised plan would increase the density to 244 homes and maximum capacity
could house up to 546 residents.
Town Council Meeting Minutes of December 6, 2022 Page 4
Ruther suggested after the programming and uses were outlined; a subcommittee be formatted
to help provide efficiency in the development structure, explaining the subcommittee would help
continue the trajectory of the project.
Ruther explained staff was directed at a previous meeting to minimize the negative impact with
the redevelopment of Timber Ridge project for the 250 residents that would need to be
relocated during the redevelopment.
Ruther stated the new Residents at Main Vail would be able to accommodate approximately
155 of the residents at Timber Ridge and staff was continuing to work on finding alternative
housing for the remainder of the residents, siting potential rezoning and development of West
Middle Creek as an option.
Ruther outlined a draft strategic replacement and displacement plan that included the following:
• All new leases at Timber Ridge shall include a provision for termination with a minimum
30-day written notice of the Town's intent to redevelop the property.
• Effective immediately, no new leases or renewals at Timber Ridge will be executed
extending the lease term beyond August 1, 2023.
• Any new leases executed after August 1, 2023 shall expire and terminate on or before
April 15, 2024. (Seasonal/month to month leases only)
• Current residents in good standing with leases extending to August 1, 2023 shall receive
a leasing preference at the Residences at Main Vail.
• Current households with children below the age of 18 shall receive the highest leasing
preference.
• The Residences at Main Vail are subject to a prohibition against master leases and only
allow for leases with individual tenants.
Mike Foster from Triumph Development reviewed revisions made to the site redevelopment
plan that was discussed at the November 12, 2022 Town Council meeting.
Foster explained after taking feedback from the November 12 meeting, there was a potential to
expand the density for more units and a possibility to phase the project and presented different
avenues to achieve those goals.
Ruther asked for direction on density, desired home type and mix, relocation, and displacement
of current lease holders at Timber Ridge, and the negotiation of a development deal.
Density
Council members agreed to maximize density.
Town Council Meeting Minutes of December 6, 2022 Page 5
Seibert expressed concerns with the impact on transportation and mobility with an increase in
density on the site.
Ruther stated staff would continue to explore alternative solutions for transportation and
mobility, but also explained with the higher density of people, alternative mobility options that
are already in place would work better.
Housina Tvoe and Mix
Council members agreed the unit mix at the property should be varied to allow for flexibility.
Disoiacement and Relocation
Council discussed the appropriate approach for minimizing the negative impacts of the short-
term loss of homes at Timber Ridge and agreed leasing preferences at the Residences at Main
Vail were an option.
Ruther stated Residences at Main Vail would not accommodate everybody, and staff would
have a lot of work to do to find alternative housing for the remainder of the residents at Timber
Ridge.
Negotiations of a Development Deal
Council was supportive of the formation of a Timber Ridge Redevelopment Committee and
voted for Coggin and Seibert sit on the committee.
Council also acknowledged that all final decision -making was the responsibility of the entire Vail
Town Council, not the subcommittee.
7. Action Items
7.1 Resolution No. 57, Series of 2022, A Resolution Concerning Appointments to the
Eagle Valley Transportation Authority Board
Presenter(s): Greg Hall, Director of Public Works and Transportation
Background: Pursuant to Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended, the
Eagle Valley Transportation Authority was formed on November 9, 2022 by an
Intergovernmental Agreement including the Town of Vail and pursuant to Article 3 of the
Intergovernmental Agreement, each Member of the Authority shall appoint a Director and an
alternate Director to the Board of Directors.
Staff Recommendation: Appoint as the Town of Vail Regional Transit
Authority representative.
Appoint as the Town of Vail Regional Transit Authority alternate
representative.
Town Council Mee ling Minutes of December 6, 2022 Page 6
Halloran explained this was a part of the Town's participation in the Eagle Valley transportation
Authority and the Council needed to appoint a member to the board as well as an alternate.
Forrest clarified participation would be a fairly intense time commitment with the Authority
creating an organizational structure and eventually hiring an executive director and filling out the
organization.
Mason made a motion to appoint Davis as the Town of Vail Regional Transit Authority
representative and Seibert as the Town of Vail Regional Transit Authority alternate
representative, Staufer seconded motion passed (6-0).
7.2 Ordinance No. 23, Series of 2022, First Reading, An Ordinance Repealing and
Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag
Requirements and Fees
Presenter(s): Beth Markham, Environmental Sustainability Manager
Background: On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution
Reduction Act (PPRA) into law. Following business and community outreach and Town Council
input staff developed and refined recommendations for changes to Town of Vail Code Title 5,
Chapter 13 regarding disposable plastic bags to come into compliance with the PPRA.
Ordinance No, 23, Series of 2022 incorporates the code updates. In preparation for the first
reading of the ordinance, this memorandum and presentation provide an overview of revisions
to recommendations since the last council update.
Staff Recommendation: Approve, approve with amendments, or deny Ordinance No.
23, Series of 2022 upon first reading_
Markham explained the ordinance was in response to the statewide Plastic Pollution Reduction
Act (PPRA) which would go into effect on Jan. 1, 2023.
Markham stated since the previous update, staff had met with the restaurant owners and
community and business stakeholder group and came up with the following changes to the
original proposed ordinance:
• Increase the current $.10 bag fee to $.25 per bag. No bag fee would be charged if
consumer brought their own or chose not to use a bag.
• Instead of the 60/40 town/business split fee, it would be reversed 60/40 business/town
split fee. Businesses would be able to use the fees to help implement the program and
offset the costs that could be related to HB21-1162 passing.
• Remove small store exemptions. The fee and bans would apply to all grocery and retail
stores and restaurants would remain exempt.
• Adopt the definition of a Reusable Bag; designed for 125 uses, made of cloth, fabric or
recycled material, stitched handles and can carry 22lbs.
Staufer asked if businesses could still hand out free reusable bags.
Town Council Meeting Minutes of December 6, 2022 Page 7
Markham stated yes, businesses would be able to hand out reusable bags or charge for them, it
would be at their discretion.
Mason asked about compostable plastic bags.
Markham answered the State recognized compostable/biodegradable bags as single use bags
and would not be able to be distributed.
Markham explained staff researched what other communities were doing to implement the
HB21-1162. Their findings were:
Aspen
• Would continue with no plastic bags at grocers >3,500 sq ft. and the $.20 bag fee on
paper
• Would expand to all retailers that the PPRA applies to as defined by the State
Avon
• Would continue with no plastic bags in any retailer (including small stores and
restaurants) and the $.10 bag fee on paper
Boulder
• Would continue with plastic bag ban at grocery stores and the $.10 bag fee on paper
• Would expand to all retailers required per PPRA
• Would consider a bag fee increase in the future
Breckenridge
• Still was determining a plan for PPRA implementation
• Considered following Frisco and implanting a $.25 bag fee on paper
Town of Eagle
• Planed to implement as detailed in the PPRA, but have small stores and restaurants
exempt
Eagle County
• Still were determining a plan for PPRA implementation
• Would consider Town of Avon or Town of Vail's approach
Markham reviewed the different types of outreach staff had conducted, which included Vail
Chamber and Business Association Season Kick-off Presentation, contacting other
municipalities, meeting with business and community stakeholder group, direct meetings with
restaurants, and electronic communication to the impacted businesses.
Davis asked what the feedback from the business community was.
Markham stated there was some concern over the $.25 charge fee on large retail purchases
and how that would go over with the customer, restaurants would like to remain exempt, and
there was some frustration regarding timing of the implementation.
Town Council Meeting Minutes of December 6, 2022 Page 8
She also stated some business owners asked if they would be able to pay the Town the fee
instead of charging their customers. Markham clarified that the State regulated a fee be charged
and that there would be a line item on the receipt to show the charge.
Council members voiced their frustration with the PPRA.
Seibert clarified the PPRA was a State law and would be going into effect anyway and that the
council needed to decide between the $.10 and the $.25 bag fee.
Markham confirmed yes it was a State regulation that would be going into effect and the stake
holders suggestion to increase the bag fee from $.10 to $.25 would help change the behavior
and encourage the public to carry reusable bags.
Davis asked since the State was requiring the change, what would be enforced by the State and
what would be enforce by the Town and how.
Markham answered the State would be leaving enforcement up to the municipalities.
Coggin, Staufer, Seibert, and Davis were in support of the $.25 bag fee.
Mason and Foley were in support of keeping the bag fee at the current $.10.
Council members voiced their concerns of how the bag fees would impact the guest experience
as well as the business owners.
Markham extended the offer for business owners to contact her with any questions and
explained that staff was very committed to education and outreach to help with the transition as
much as they could.
Seibert made a motion to approve, Staufer seconded motion passed (5-1 Foley opposed).
7.3 Ordinance No. 24, Series of 2022, First Reading, An Ordinance Making Budget
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Housing Fund, Residences at Main Vail Fund, Heavy Equipment 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
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Halloran presented for Smith and stated the fourth budget supplemental would increase
budgeted revenues by $4.8 million dollars and will increase budgeted expenditures by $4.4
million dollars.
Halloran explained the supplemental was to catch up on items the Council had approved since
the last supplemental in June and to recognize grants that were awarded and wildfire
deployments.
Town Council Meeting Minutes of December 6, 2022 Page 9
Foley appreciated the contract for the grant writer for future housing projects and questioned the
attorney fees.
Halloran explained the Town was involved in some litigation that increased the attorney fees.
Coggin asked for clarification regarding the arbitrage compliance audit fees under Residences
at Main Vail.
Halloran stated that was an annual external audit process the Town goes through to make sure
the Town doesn't make too much interest on the Town's financing required by Colorado Tax
Law.
Foley made a motion to approve; Staufer seconded motion passed (6-0).
8. Public Hearings
8.1 Ordinance No. 20, Series of 2022, Second Reading, An Ordinance Amending Sections
7-12-2, 7-15-6, and 7-12-7 of the Vail Town Code Regarding Pedestrian Mall Areas in the
Town
Presenter(s): Commander Ryan Kenney, Vail Police Department
Background: On August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town
Code related to pedestrian and vehicular circulation in pedestrian malls in the Town. That
ordinance established a detailed fee calculation for the assessment of loading dock fees. To
promote efficiency and consistency, the Town wishes to remove the detailed fee calculation
from the Vail Town Code and instead place such information in the Town's fee schedule, modify
the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of
Procedure and correct the language allowing High Volume Commercial Carriers into the village.
This exemption will only apply to smaller box trucks and not freight vehicles. Freight will be
diverted into the loading docks.
Staff Recommendation: Approve, approve with amendments, or deny Ordinance 20, Series of
2022 upon second reading.
Mire presented for Commander Kenney and stated there was no change to the first reading of
the ordinance and the ordinance was to clarify and clean up some language in the original
ordinance.
Public comment was called, there was none.
Staufer made a motion to approve, Mason seconded motioned passed (5-0).
8.2 Ordinance No. 21, Series of 2022, Second Reading, An Ordinance Providing for the
Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2022
Tax Year and Payable in the 2023 Fiscal Year
Town Council Meeting Minutes of December 6, 2022 Page 10
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 21, Series
of 2022 upon second reading.
Halloran explained passing the ordinance on second reading will allow the Town to certify the
Mill Levy by December 15'h, 2022 which is required by Colorado State Law. Total property tax
estimated to be collected would be $5.7 million dollars, which represented 6.5% of the Town's
total revenue.
Halloran stated there were minor updates made to the second reading based off updated
information from the Eagle County Assessor.
Public comment was called, there was none.
Foley asked if the Town de-Gallaghered.
Halloran answered yes, the voters allowed the Town to adjust the Mill Levy rate in order to stay
flat with what the Town would have received if the assessment rated hadn't been adjusted.
Foley made a motion to approve, Staufer seconded motion passed (6-0).
8.3 Ordinance No. 22, Series of 2022, Second Reading, Annual Appropriation Ordinance:
Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs,
Expenses, and Liabilities of the Town of Vail, Colorado for Its Fiscal Year January 1, 2023
through December 31, 2023.15 min.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 22, Series
of 2022 upon second reading.
Halloran presented a high-level summary of the 2023 Budget and explained during the budget
process, the Finance Department asked departments to prepare a 10% budget cut just in case.
Halloran went through the different stages of the recession plan that was developed in case it
was needed as well as what would trigger the recession plan going into effect. Stages included
minor, moderate, significant, crisis, and critical and Halloran went over the expenditure
reductions for each stage.
Halloran explained that the finance team would be monitoring the overall economic activity
which would include interest rates, labor market, stock market, travel, and consumer
confidence. Halloran reiterated that the recession plan could be implemented quickly.
Town Council Meeting
Minutes of December 6, 2022 Page 11
Halloran summarized the changes made to the 2023 budget from first reading. Those changes
included:
Revenues:
General Fund
Adjusted Parking Revenues up to $718 Million dollars ($235K increase); flat with prior
year
Adjustment reflected an increase in pricing offset by normalization in the
visitation
$48,000 State DUI enforcement grant offset by allocations of the fundd to other Eagle
County agencies
Expenditures:
General Fund
• $300k increase to placeholder for Phase I of the premium pay compensation philosophy
o Projected impact-65 percentile within ranges
o Critical need- Bust Drivers/HEO implementation in December 2022
o Late January rollout for the remainder of the organization
o Phase II in 2024
• Sprout Social listening tool- $11 K
C Monitoring and response to community issues
• Sales Tax Audit back to pre-COVID levels- $10K
• $48,000 State DUI enforcement grant offset by allocations of the funds to other Eagle
County agencies
Halloran also stated the Town would be implementing a preferred construction procurement
process that would begin with bidding in January/February
Halloran presented a list of Capital Projects that had been brought up in other budget hearing
meetings that had the potential to be phased approaches or a delayed approach.
Greg Hall, Director of Public Works and Transportation explained the bridge replacement
projects and provided more information on which could be delayed, and which were more
important to complete in a timely manner.
Foley asked that a $20,000 placeholder be added for the Red Sandstone School playground
remodel that was scheduled to take place in 2023. He stated the school had raised the funds,
and Vail Recreation District and School District would also be asked to contribute if Red
Sandstone School needed additional funds to complete the work.
Halloran stated the placeholder could not be added to the budget during the adoption but could
be added during the first supplemental in March.
Town Council Meeting Minutes of December 6, 2022 Page 12
Staufer asked about a placeholder for Holy Cross regarding boiler system replacements.
Hall explained there were no current agreements with Holy Cross, but if that were to change,
staff would bring the agreement to Council, and it would be included in a supplemental.
Public comment was called, there was none.
Coggin explained he still struggled with some of the outlined projects and would not be
supporting the budget.
Foley made a motion to approve, Staufer seconded motion passed (5-1, Coggin opposed).
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 7:52pm.
Attest:
Respe:gggi
lly bmitted,
Travisr ,,Mayor Pro Tem
{J �; 1 '
Step ri _e Bibbens, Town Clerk OP l _
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Town Council Meeting Minutes of December 6 ,2022 Page13