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HomeMy WebLinkAbout2018-11-06 Town Council MinutesVail Town Council Meeting Minutes Tuesday, November 6, 2018 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 Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Citizen Participation Wendy Rimel representing Mery Lapin announced the Vail International Hockey groups 30t' trip to China sharing its information about the groups successes and travel history overseas to Russia and China. Proclamations 2.1. Proclamation No. 9, Series of 2018, Recognizing Colorado Gives Day Presenter(s): John Weiss, Small Champions Proclamation No. 9 was read and approved. 3. Recognition for Business Recycling Challenges Awards 3.1. Business Recycling Challenge Awards Presentation Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Recognize Businesses. The Town of Vail's Business Recycling Challenge took place in the month of September. 7 local businesses participated and each business improved recycling over the course of the challenge. Participants improved their recycling rate on average 13% and demonstrated local leadership in waste diversion programs. A presentation was made by Mark Hoblitzell and recognition was given to the local businesses. Town Council Meeting Minutes of November 6, 2018 Page 1 4. Consent Agenda 4.1. Minutes from October 2, 2018 meeting Moffet moved to approve minutes from October 2, 2018; Foley seconded the motion and it passed (4-0; Moffet, Langmaid, and Mason were absent from the October 2 meeting). 4.2. Resolution No. 43, Series of 2018, A Resolution Updating an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Public Health and Environment Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 43; Foley seconded the motion and it passed (7-0) Town Manager Report 6.1. Town Manager Report A number of items were highlighted from the Town Manager report. 6. Presentations / Discussion 6.1. Eagle River Community Water Plan Presentation Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Holly Loff, Eagle River Watershed Council Action Requested of Council: Informational only; no formal action needed Background: The Eagle River Community Water Plan is an Eagle River Watershed Council (ERW C) led effort to develop proactive water management recommendations that anticipate changes to population growth and increasing municipal demand for water in Eagle County, climate change, and projects related to the 1998 Eagle River Memorandum of Understanding (ERMOU) — an intergovernmental agreement for developing municipal water supplies in the upper Eagle River watershed. Planning activities will focus on the mainstem Eagle River from its headwaters on Tennessee to the confluence with the Colorado River, the hydrologic influence of all of the tributaries will be considered with extra focus on the East Fork of the Eagle River and Gore and Homestake Creeks. 6.2. Vail Trails Sidewalk Connection on Vail Valley Drive Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve the construction of a sidewalk connection at the Vail Trails Chalets along Vail Valley Drive with private improvements remaining in the Right of Way. Background: This section of Vail Valley Drive has not had a connecting sidewalk due to the private improvements in the Right of Way. The owners have agreed to complete a joint project to construct the sidewalk in 2019 if the private improvement can remain in the Right of Way. Town Council Meeting Minutes of November 6, 2018 Page 2 Staff Recommendation: Support the construction of the sidewalk and provide direction as to whether or not to maintain the private improvements within the Right of Way. After a presentation by Tom Kassmel, Town Engineer, there was some discussion about the proposed project, funded by the town and the owners of the Vail Trails Chalet. There was public support from Bart Cuomo for the project as well. There was council support of the privately funded components of the project in light of the needs for safety improvements with the sidewalk in that area. The Town would require DRB approval and a revocable right of way license agreement with the homeowners as well. Moffet moved to approve the $85K funds in 2019 for the construction of the sidewalk on Vail Valley Drive in front of the Vail Trails Chalet which would be covered by a rollover of CIP monies from 2018. There was support for completing the private improvements in the town's right-of- way areas for stairs, pavers, landscaping, and privacy -wall. Foley seconded the motion and it passed (7-0). Action Items 7.1. Draft Letter to Eagle Holy Cross Ranger District as Public Comment to Vail Resorts, Inc. Proposal for a Snowmaking Project on Vail Mountain Presenter(s): Dave Chapin, Mayor Action Requested of Council: Discussion and motion on draft letter of support for snowmaking proposal. Background: The Eagle -Holy Cross Ranger District is seeking public comment in response to a Vail Resorts proposal for a snowmaking project on Vail Mountain. Vail Resorts has asked for a Letter of Support for the project from the Town of Vail. Staff has reviewed the formal proposal documents, attended the public open house at the Eagle -Holy Cross Ranger District on October 23rd and discussed the project internally, as well as with several representatives of the U.S. Forest Service and Vail Resorts. The purpose of this memorandum is to outline the proposal, its potential benefits to the town and to address potential impacts for the town council to consider as part of a Letter of Support. A draft Letter of Support is attached for the Town Council to review and to suggest changes. The deadline for public comment is November 9, 2018. Mayor Chapin introduced the topic with an opportunity for some council discussion. Langmaid expressed concerns about the impacts on the watershed areas because of the project and requested some hydrological modeling be done in an effort to then understand and mitigate any problems. Greg Johnson , VP of Mountain Operations, explained that a thorough assessment is included in their proposal, as part of the NEPA review process. It was noted the public input process has a deadline of November 9. Moffet moved to approve the town's letter of support to the USFS about Vail Resort's Inc. proposal for snowmaking on Vail Mountain, and directed the Town Manager to forward the letter on their behalf. Langmaid requested that an additional sentence be included that would request future monitoring be done by VRI to assess the future runoff and erosion potential. Foley seconded the motion and it passed (7-0). Town Council Meeting Minutes of November 6, 2018 Page 3 7.2. Ordinance No. 19, Series 2018, First reading, an ordinance repealing and reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series 2018 Background: This ordinance proposes changes to the Short Term Rental regulations effective March 1, 2018. Please see the attached memo for details. Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series 2018 A presentation by Kathleen Halloran, Finance Director, was made and included the following proposed changes to the regulations taking into consideration recent public input: registration requirements and no exemptions (for condo hotels), change to professionally managed properties that would now be allowed to have a "registered agent", decriminalization of violations, changes to what is required with local agent, decreased fees, etc. Chapin requested public input at this time. Bart Cuomo, Vail Realty, expressed continued concerns with the fees being imposed and requested more information about complaints. Kim Newbury, the Antlers, expressed concerns about the fees and explained it directly impacts their budget. East West Hospitality representative also expressed concerns about the fees. Staff noted some information about the complaints (96 total) received to date that addressed parking, noise, wildlife and trash and were about many properties are currently licensed and managed by property managers. Council comments were heard at this time and there was consensus to waive the fees for the first year and consider a more tiered approach to the fee structure. Foley moved to approve Ordinance No. 19, Series 2018, First reading, an ordinance repealing and reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties with the condition to waive first year fairs and continue to work with lodging owners to create a fair and equitable fee system for registrations. Coggin seconded the motion and it passed (6-1; Moffet opposed). 7.3. Ordinance No. 20, Series of 2018, First Reading, Ordinance amending Section 5-3- 2, Definitions, Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control Presenter(s): Chris Neubecker, Planning Manager Town Council Meeting Minutes of November 6, 2018 Page 4 Action Requested of Council: Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2018, based on the recommendation of the Community Development Department. Background: The current Municipal Code detailing Air Pollution Control and the specifications for solid -fuel burning devices (wood burning stoves) is out of date and does not accurately reflect the current Colorado Department of Public Health and Environment (CDPHE). The proposed ordinance will ensure that the Vail Town Code aligns with these state and national air quality standards. Staff Recommendation: The Community Development Department recommends amending Title 5, Chapter 3 of the Municipal Code to accurately reflect current and future air quality standards set forth by the Colorado Department of Public Health and Environment (CDPHE). Moffet moved to approve Ordinance No. 20, Series of 2018, First Reading, Ordinance amending Section 5-3-2, Definitions, Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control; Langmaid the motion and it passed (7-0). There was no public input on the topic. 8. Public Hearings 8.1. Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars Presenter(s): Dwight Henninger, Vail Police Dept., Greg Hall, Director of Public Works & Transportation Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. A number of topics have been raised for discussion regarding this use in Vail. Chapin opened the public hearing for second reading on the ordinance. Chief Dwight Henninger introduced the topic and summarized the components of the current legislation. Andy Liepold, General Manager of the Lion, thanked the town for its consideration of the legislation and expressed support of the state law which allows for these vehicles. Moffet moved to approve Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars. Bruno seconded the motion and it passed (7-0). There was no further public input on this topic. 8.2. Ordinance No. 17, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition Town Council Meeting Minutes of November 6, 2018 Page 5 of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto Presenter(s): Chris Jarecki, Chief Building Official Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, 2018, Series of 2018, upon second reading. Background: The building codes are updated on a three year cycle after an extensive code development process in which all interested and affected parties may participate. This allows for the codes to stay current with the continually changing laws and technology that affect the construction industry. CJ, Chief Building Official, introduced the topic and summarized the work conducted by the appeals board, Some comments were made about the fee structure with a note that larger vs smaller projects all take time to review and the staff was comfortable with the proposed fee structure; it was noted the fees have been in place since 1999. The public hearing was opened; no comments were made. Foley moved to approve Ordinance No. 17, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto. Langmaid seconded the motion and it passed (6-1; Moffet opposed). 8.3. Ordinance No. 18, Series of 2018, Second Reading, Ordinance amending and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off -site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village); and setting forth details in regard thereto Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, Series of 2018, upon second reading. Background: The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off -site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) Staff Recommendation: On October 16, 2018 the Vail Town Council unanimously approved Ordinance No. 18, Series of 2018, on first reading. Town Council Meeting Minutes of November 6, 2018 Page 6 Chapin opened the public hearing. Moffet moved Ordinance No. 18, Series of 2018, Second Reading, Ordinance amending and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off -site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village); and setting forth details in regard thereto. Coggin seconded the motion and it passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 8:05 p.m. R tfully S mi"teJ, I 1 Attest: 11� 0 'a Mayor orb 0 Patt c nny, Tow Clerk �Y p ' -fC a+ m' Town Council Meeting Minutes of November 6, 2018 Page 7