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,
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Attest: 11�
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Patt c nny, Tow Clerk
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Town Council Meeting Minutes of November 6, 2018 Page 7