HomeMy WebLinkAbout2018-12-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 4, 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:
Members absent
Staff members present
Citizen Participation
There was no citizen participation.
2. Proclamations
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Jen Mason
Greg Moffet
Kim Langmaid
Greg Clifton, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
2.1. Proclamation No. 10, Series of 2018, A Proclamation Declaring December 7, 2018,
as "WhoVail Day"!
Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences
Vail and Kirsten Dunn, Director of Public Relations and Communications Four Seasons Resort
and Residences Vail.
Each Council member read a sentence from the proclamation. Macfarlane the Four Season's
GM, invited the community to come and enjoy the gingerbread house at the hotel. The grinch
shared hot chocolate and cookies with the council members.
3. Appointments for Boards and Commissions.
3.1. Appoint Members to Commission on Special Events
Mayor Pro Tem, Jenn Bruno, moved to appoint Barry Davis, Mark Gordon, Alison Wadey and
Marco Valenti for a two-year term. Moffet second the motion passed 6-0. Council thanked all
the applicants who interviewed with them during the afternoon session.
Town Council Meeting Minutes of December 4, 2018 Page 1
4. Consent Agenda
4.1. Resolution No. 39, Series of 2018, A Resolution Amending and Approving a
Mutual Release of Restrictive Covenant Amended and Restated Development
Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla
Moffet made a motion to approve Resolution No. 39, Series of 2018. Foley seconded and the
motion passed 6-0.
4.2. Resolution No. 44, Series of 2018, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County Regarding the Town of
Vail Recycle Drop Site and Setting Forth Details in Regard Thereto.
Moffet made a motion to approve Resolution No. 44, Series of 2018. Foley seconded and the
motion passed 6-0.
4.3. Resolution No. 45, Series of 2018, A Resolution Approving the Purchase of Vail
East Lodging Unit 2, 4233 Spruce Way, Vail CO. 81657.
Moffet made a motion to approve Resolution No. 45, Series of 2018. Foley seconded and the
motion passed 6-0.
4.4. TOV Fire Dept. Letter to USFS Re: Muddy Pass/Sheephorn Project
Moffet moved to approve the letter to the USFS. Foley seconded and the motion was approved
6-0.
4.5. FCC Cable Franchise Letter
Moffet moved to approve the FCC letter. Foley seconded and the motion was approved 6-0.
5. Town Manager Report
Greg Clifton, Town Manager, reviewed his written report with council. Clifton noted employee
vacancies in the IT Dept.; list of awards in the Fire Dept. and being fully staffed in the
Community Development and the Police Department. Greg Hall, public Works Director,
provided council with an update on the Red Sandstone Parking Structure. Hall requested
permission from the council to allow the contractor to buy out level 3 and 4 of the structure for
safety concerns while the school in under construction. Levels 1 and 2 would have 80 spaces
available to Red Pass holders once the garage was ready t open. By a show of hands, all
council members agreed to allow the contractor to buy out level 3 and 4 of the garage.
6. Presentations/Discussions
6.1. Update on Snow Days taking place December 13-16, 2018.
Presenter(s): Mia Vlaar, Economic Director and Peggy Wolfe, Highline
Action Requested of Council: No action requested. Informational only.
Background: The Town of Vail, Vail Resorts, Highline, and community partners have come
together to support a new and improved, large scale community wide event to stimulate demand
and drive visitation in Vail from December 13 — 16, 2018.
Town Council Meeting Minutes of December 4, 2018 Page 2
The Commission on Special Events funded Snow Days $30,000 in 2018 and the Vail Town
Council funded an additional $270,000 in August 2018. This funding is in addition to Vail
Resorts committing to fund $200,000 and provide additional sponsorships and marketing
support.
James Dieghan, Highline Sports and Entertainment, provided council an overview of Snow
Days investment and ROI initiatives. The Commission on Special Events had provided $30,000
for Snow Days, plus $270,000 from the Vail Town Council. Vail Resorts has committed to fund
$200,000 and provide additional sponsorships and marketing support. The event will be on
December 13-16, 2018 with community partnerships from restaurants, merchants and retailers;
celebrate snow extended event programming; A -List Talent Acquisition; and Lodging
Partnerships. The four -day event would be beginning Thursday night with a bonfire at Golden
Peak, headliner concerts on Friday and Saturday nights at Ford Park, & event activation. Initial
occupancy reports over Snow Days weekend are already outpacing 2017 by over 9%. Dieghan
noted this was the best collaboration between the Town, VR and his organization.
Bruno complimented Dieghan and his team for their efforts and the occupancy levels. Foley
complimented the team on the entertainment. There was no public comment.
6.2. CDOT 1-70 West Vail Pass Auxiliary Lanes Project Update.
Presenter(s): Greg Hall, Public Works Director, John Kronholm CDOT Project Manager and
Dick Cleveland, Vail Representative
Action Requested of Council: Listen to the presentation and provide feedback
Background: CDOT is conducting an environmental assessment and conceptual design for
safety improvements, including installing auxiliary lanes on the eastbound and westbound lanes
on 1-70 on the west side of Vail Pass, from MM 180 to MM 190.Improvements in this project
study area were included as a part of the preferred alternative CDOT selected in the 1-70
Mountain Corridor Programmatic Environmental Impact Statement (1-70 PETS, a tier 1 National
Environmental Policy Act (NEPA) process). This presentation is an update of the progress to
date and an invitation to a Public Meeting on December 13, 2018 from 4:30 to 6:30 at Donovan
Pavilion. This meeting is critical to hear from the public regarding the potential impacts and
mitigation required to eventually construct the project.
Staff Recommendation: Provide initial feedback to CDOT and encourage the public to attend as
well as Town Council members attendance at the Public Meeting December 13.
Greg Hall, Public Works Director, stated this presentation was for information only. The
purpose of the 1-70 West Vail Pass Auxiliary Lanes project was to improve safety and
operations.
John Kronholm, CDOT project manager, provided more details about widening the east bound
and west bound roadways to 3, 12-foot lanes and shoulder widths would. Kronholm stated by
adding the third lanes would assist:
• Speed differentials resulting in sideswipes and rear end crashes
• Reduce the number of closures by allowing more width to maintain single lane traffic during
incidents.
• Allowing more room for driver correction.
• Assist with steep grades and tight curves with high number of slow -moving vehicles.
Town Council Meeting Minutes of December 4, 2018 Page 3
A public open house would be held on Dec. 13 from 4:30 to 6:30 pm at Donovan Pavilion for
additional information about the project. The purpose for the open house is to provide the
community with an update on progress since the February 2018 public meeting; gather public
comments regarding the proposed action and to gauge public prioritization of core values
related to design option refinement. Dick Cleveland, the Vail representative for the project,
noted there are 16 bridges on this section of roadway, many of them would be impacted. He
stated there would be impacts on water quality, wildlife, noise, light pollution and recreation. It
would require multiple years of construction and encouraged the community to come to the
open house to make it the best project it could be. Public comment was called. Michael
Cacioppo asked about toll lanes and requiring truckers to stay in right lane. Public comment was
closed. Moffet questioned what CDOT would do to protect our water and if CDOT would ever
getting the funding for the project. Chapin urged citizens to contact legislative delegation and
other state officials to request better, immediate solutions to reduce closures on Vail Pass.
7. Action Items
7.1. Ordinance No. 23, Series of 2018, First Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund Capital Projects Fund, Housing Fund, Real
Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, and Dispatch
Services Fund.
Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series
2018.
Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2018.
Carlie Smith, Financial Services Manager, reviewed the supplemental which requested an
adjustment to the 2018 budget to reflect $4,649,780 of additional revenue and proposed an
increase of $1,836,540 to expenditures. The $1,247,318 increase budgeted revenue would
reflect actual collections in 2018 above and beyond the 2018 original budget. Budgeted revenue
would also be adjusted by an increase of $380,978 which Smith stated was directly offset by
corresponding expenditures. An overall increase in budgeted expenditures of $628,439 included
the remaining $323,723 of expenditures:
✓ $270,000 Council Contribution to be transferred to the Marketing Fund for an elevated Snow
Days event as approved on August 7th.
✓ $7,250 to begin live streaming the DRB and PEC meetings.
✓ $10,000 to restock bus schedule maps
✓ $25,418 for an audit of the town's telecommunication services accounts including land lines,
data, internet, and wireless accounts. The audit will result in annual savings of $26,485.
✓ $11,055 in salaries ($8,305) and benefits ($2,750) for one winter seasonal maintenance
worker and one fulltime winter maintenance worker paired with an irrigation worker. Both of
these positions are included in the 2019 and the 2018 expenditure is to hire these positions
in December.
Additionally, Smith noted the Town received an out -of -cycle contribution request for $5,000 from
the Vail International Hockey Association to help pay for an International trip to China. The
donation would help cover ice time, evening entertainment, uniforms, and other group travel
expenses. Smith stated though this request was not currently included in the first reading of the
Town Council Meeting Minutes of December 4, 2018 Page 4
supplemental, and if Council supported the request it would be included in the 2nd reading on
December 18th.
The supplemental budget ordinance proposed to increase the Capital Projects Fund budgeted
revenue by a total of $2.6 million. The original budget projected a five-year payback, but with
VRA tax collections coming in higher than budget, the payback will span only three years. The
2018 expenditures supplement of $762,000. Included:
• $350,000 from the 2019 budget to upgrade nodes and networking gear for the public "wi-fi"
access system originally installed in 2014.
• $312,000 was requested to be transferred to the Housing Fund for the purchase of a
housing unit at East Vail Lodging (Unit 2) which would become part of the town's employee
rental pool.
• $100,000 was to upgrade the locking system at the municipal building entrances.
The proposed budget adjustments would result in an estimated fund balance of $14.3 million by
the end of 2018.
Increasing the budgeted revenue of the Real Estate Transfer Tax (RETT) Fund Staff by
$330,000 to reflect actual RETT collections during 2018. Budgeted revenues would also be
adjusted by an increase of $172,384. This included grant revenues of $13,684 from the Nature
Conservancy to help offset costs for the Intermountain Fuels project. The remaining $158,700 of
revenue would be offset by corresponding expenditures including $8,700 for E-Waste Collection
Day and $150,000 of donations for the Pete Seibert memorial statue "Pete's Dream". Smith
stated to date $169,400 had been raised through community support. With the town managing
the project funding, the full $300,000 project cost must be appropriated, with the donation
revenue as an offset. The remaining $171,500 of expenditures included:
• $75,000 to perform a wildlife mitigation and habitat improvement plan on the East Vail
parcel. This would include an environmental assessment for the National Environmental
Policy Act (NEPA).
• $80,000 brought forward from the 2019 budget for design costs for the Nature Center
remodel as approved by Council on September 18th.
• $16,500 real estate transfer tax collection fee to be paid to the General Fund to correspond
with increases in real estate transfer tax collections.
Public comment was called.
Mery Lapin, Vail International Hockey Club representative, stated this would be the 13th
international trip for the players and the 6th trip to China. Lapin stated the trip was an
opportunity for the local youths to interact with different cultures and promote the Town of
Vail. Lapin stated there would be media covering this event.
Moffet made a motion to adopt Ordinance No. 23, Series of 2018 upon first reading as
presented. Bruno seconded the motion. Foley confirmed the current motion did not include the
$5000 for the Vail International Hockey Club. The motion failed 3-3 (Foley, Mason and Coggin
opposed).
Bruno requested more information from the Vail International Hockey Club such as how many
members are Vail residents. Bruno went onto say she did not agree the town should pay for
kids to go on trips and kids should fundraise instead and offered the use of the Donovan
Pavilion for such an event. Moffet agreed. Coggin disagreed and thought this was an
opportunity to invest in the youth in the community. Mason confirmed there would be an
opportunity during second reading to revisit this request.
Town Council Meeting Minutes of December 4, 2018 Page 5
Moffet made a motion again to pass Ordinance No. 23, Series of 2018 upon first reading as
presented. Bruno seconded and the motion passed 5-6 (Foley opposed).
8. Public Hearings
8.1. Ordinance No. 19, Series of 2018, Second Reading, An Ordinance Repealing and
Reenacting Chapter 14 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 upon second reading.
Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series 2018
upon second reading.
Kathleen Halloran, Finance Director, provided council a short recap of Ordinance No. 19, Series
of 2018 since the first reading on November 6, 2018. Halloran stated on November 13`h town
staff met the lodging/condotel group to gather more information. The ordinance and
accompanying tiered fee structure would address many of the concerns that were voiced by
both the property management representatives as well as recent input from the condo-
tel/lodging community.
• Any rental of a residential dwelling unit less than 30 days as a STR requires a registration.
• Allowing "professionally managed" properties to be represented by a designated agent for
the registration process and remittance of taxes.
• Creation of an umbrella application for professionally managed units, so multiple properties
can be registered under one application as long as information on each property is listed.
• Decriminalization of violations of the STR Ordinance. This means that rather than issuing a
summons to municipal court, there is a fine structure for unresolved complaints or violations
of the ordinance.
• Based on feedback from participating citizens, Council agreed to revise the ordinance to no
longer require the property owner's name and contact information on the posting in the
interior of the rental unit. The posting must still contain the contact information of the local
representative.
• A majority of Council agreed to the $150 per property/unit fee during the October 16th
meeting, however based on feedback received from property managers and the condo-tel
lodging community, council directed staff to implement a tiered fee structure. The proposed
fee structure:
✓ $150 per unit fee for individually rented units
✓ A 50% discount ($75) per unit fee for professionally managed properties
✓ A 75% discount ($37.50) per unit fee for professionally managed properties with a
24/7/365 onsite manager ("condotels"). Fractional units will pay per unit, not per owner
March 1, 2019.
Halloran went onto say the ordinance amendments would become effective March 1, 2019.
Public comment was called.
Bart Cuomo, property management, felt the fees are still too high.
❖ Magda King, Antlers GM, thanked staff for their efforts. King stated there would be a
hardship since the lodges did not budget for the registration fees.
Town Council Meeting Minutes of December 4, 2018 Page 6
❖ Matt Ivy, GM for Vail Racquet Club, agreed with King's statements concerning the hardship
the ordinance would create for the lodging industry throughout town.
Moffet made a motion to approve Ordinance No. 18, Series of 2018 upon second reading.
Bruno seconded and the motion was approved 6-0.
8.2. Resolution No. 46, Series of 2018, A Resolution Establishing Fees for the
Registration of Short -Term Rental Properties.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Resolution No. 46, Series
2018.
Background: This resolution sets the fees for the annual registration of short-term rental
properties.
Staff Recommendation: Approve or approve with amendments Resolution No. 46, Series 2018.
Kathleen Halloran, Finance Director, and Matt Mire, Town Attorney, reviewed briefly the
resolution with council. The fees are to cover the costs of the program and are revenue neutral.
Compared to other communities the fees being proposed are low.
Moffet and Mason would like to see the proposed fees to be lowered. Bruno felt this was a way
to create a system that is fair to all. Chapin expressed concern lowering the fees then raising
them on a later date.
Public comment was called.
❖ Triumph Mountain Properties representative says there shouldn't be a difference in the fee
structure between professionally managed units with or without a front desk.
Bart Cuomo stated the fees are unfair and should not be intended to support administrative
costs.
Moffet made a motion to approve Resolution No. 46, Series of 2018 with a change of a three -
tiered fee structure to $5 for professionally managed STR providing onsite management
services for 24 hours; $10 for professionally managed STR without onsite management services
for 24 hours; and $37.50 for STR's managed by an owner without a professional property
management firm. Coggin seconded the motion and it was approved 6-0.
8.3. Ordinance No. 21, Series of 2018, Second Reading, An 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, 2019 through
December 31, 2019.
Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 21, Series
2018.
Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2018.
Town Council Meeting Minutes of December 4, 2018 Page 7
Kathleen Halloran, Finance Director, provided council a brief overview of the changes per
Council's direction at the first reading on November 201h
• A reduction of $10,000 in the placeholder of $20,000 for an open-air community dinner
outreach event to expand the Town Council's civic engagement activities.
• Reduction of $20,000 in funding for the Red Sandstone Elementary STEM Lab that was
requested as a part of annual Council Contributions.
• $55,000 was added to the proposed budget to help fund the new HD Digital videoboard at
Ford Park Amphitheater installed during 2018.
• $400,000 capital expenditure has been requested by the Timber Ridge Operating
Committee to mitigate rockfall hazards above Timber Ridge Apartments based on results of
an updated assessment.
• $20,000 that had been a placeholder for a laser or drone show to replace 4th of July
fireworks was removed from the proposed budget.
Public comment was called.
Alan Kosloff, chairman of Bravo development committee, asked Council to help fund two
performances of the Italian opera La Tosca coming to Vail this summer.
❖ Michael Cacioppo requested the Council to withhold funding until there is an understanding
for of Highline's policies such as of selling tables at Oktoberfest.
❖ Mike Imhof, Vail Valley Foundation, asked council to reconsider the full request for $110,000
for the HD digital videoboard at the amphitheater.
Caitlin Murray, executive director of Bravo! Vail, additionally requested council to reconsider
funding for the opera programming.
Jeff Andrews, Vail Jazz, asked Council to reconsider the additional funding request for
programming.
Bruno made a motion to approve Ordinance No. 21, Series of 2018 upon second reading with
removal of the $110,000 for the Colorado Classic and addition of the $400,000 for rockfall
mitigation. Moffet seconded the motion and it passed 4-2 (Foley and Mason opposed).
8.4. Ordinance No. 22, Series of 2018, Second Reading, Ordinance Providing for the
Levy Assessment and Collection of the Town Property Taxes Due for the 2018 Tax Year
and Payable in the 2019 Fiscal Year.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 22, Series
2018.
Background: The town is required by Colorado state law to certify the mill levy by December 15
of each year.
Staff Recommendation: Approve or approve with amendments Ordinance No. 22, Series 2018.
Carlie Smith, Financial Services Manager, quickly reviewed Ordinance No. 22 with Council
stating there were no changes since first reading on November 201'.
Moffet made a motion to approve Ordinance No. 22, Series of 2018 upon second reading.
Foley seconded the motion and it passed 6-0.
Town Council Meeting Minutes of December 4, 2018 Page 8
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at
9:35 p.m.
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Town Council Meeting Minutes of December 4, 2018 Page 9