HomeMy WebLinkAbout2019-05-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 7, 2019
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: Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Jen Mason
Greg Moffet
Absent: Dave Chapin, Mayor
Kim Langmaid
Patty McKenny, Assistant Town Manager
Staff members present: Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Citizen Participation
Ann Esson, West Vail Resident, spoke to council regarding the Town Manager process and the
previous manager, Greg Clifton. Essson stated she admired Clifton for his transparency on
govt. issues such as the East Vail housing parcel and the effect on wildlife. Esson said it was
imperative the new manager share Clifton's commitment to transparency and to listen to all
voices in the community.
2. Introduction of new CML Executive Director
2.1. Kevin Bommer Colorado Municipal League Executive Director Introduction 5 min.
Presenter(s): Jenn Bruno, Mayor Pro Tern
Background: Kevin Bommer was appointed to be the Colorado Municipal League ("CML")
Executive Director this past April. Bommer is responsible to CML's 21-member executive board
for executing the policies and programs of the CML, supervising staff members, managing and
coordinating activities and operations, recommending and developing organization policies and
programs, and serving as a spokesperson for CML policies. Bommer also directs the CML's
advocacy program and oversees CML's strategic plan development and implementation. Prior
to being appointed executive director, Bommer served as the CML's deputy director and was a
full-time lobbyist from 2000 to 2019.
Council welcomed Bommer and reminded everyone he would be at the Grand View Room
tomorrow morning (May 8) to talk about recently passed legislation.
3. Any action as a result of executive session
Town Council Meeting Minutes of May 7, 2019 Page 1
4. Proclamations
4.1. Proclamation No. 6, Series 2019, May is Colorado Wildfire Awareness Month
Each council member read Proclamation No. 6, 2019 into the record.
Moffet made a motion to approve Proclamation No. 6, Series of2019; /Foley seconded the
motion passed (5-0).
Mark Novak, Fire Chief and Paul Cada, Wildland Program Administrator, spoke to council about
the importance of fire preparedness and thanked them for their support of the proclamation.
Cada stated citizens can call the Fire Department for free wildfire mitigation inspection of their
property.
5. Consent Agenda
5.1. April 2, 2019 Town Council Meeting Minutes
Moffet made a motion to approve the April 2, 2019 meeting minutes; Foley seconded the motion
passed (5-0).
5.2. April 16, 2019 Town Council Meeting Minute
Moffet made a motion to approve the April 16, 2019 meeting minutes; Coggin seconded the
motion passed (4-0 `Bruno recused herself from the vote)
5.3. Resolution No. 19, Series of 2019, Resolution No. 19, Series of 2019, A Resolution
Approving a Cooperative Intergovernmental Agreement for Use of the 800 MHZ System in
the Eagle River Valley
Background: The Eagle River Valley User Agencies previously entered into an Agreement for
use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services dated on or
around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County. The
User Agencies wish to supersede the Previous Agreement with the current Intergovernmental
Agreement to provide for continuing access to the system by the User Agencies and to
reallocate the decision -making responsibilities of the User Agencies for the system.
Moffet made a motion to approve Resolution No. 19, series of 2019; Mason seconded the
motion passed (5-0).
5.4. Resolution No. 20, Series of 2019, A Resolution Designating Bank Accounts for
the Town of Vail with Patty Mckenny, , Kathleen Halloran, Carlie Smith and Jacque Lovato
as the Designated Signers of those Accounts Permitted by the Charter of the Town, Its
Ordinances and the Statutes of the State of Colorado and Setting Forth Details in Regard
Thereto
Background: With the departure of the Town Manager, this resolution adds Patty McKenny,
Interim Town Manager to the list of signers on the town's bank accounts for the continuation of
business processes.
1
Town Council Meeting Minutes of May 7, 2019 page 2
Moffet made a motion to approve Resolution No. 20, Series of 2019; Foley seconded the motion
passed (5-0).
5.5. Bridge Road Bridge Replacement Contract Award
Background: Staff received 2 bids for the Bridge Road Bridge Replacement Project. The project
replaces an existing 3 culvert structure with a single span bridge over Gore Creek.
Moffet made a motion to award the Bridge Road bridge replacement contract to Kraemer North
America, LLC in the amount not to exceed $1,640,665.00; Mason seconded the motion passed
(5-0).
6. Presentation/Discussion
6.1. Vail Trail Head Use Task Force Report
Presenter(s): Dwight Henninger, Police Chief and Aaron Mayville, US Forest District Ranger
Action Requested of Council: Listen to presentation, give feedback and approve or deny funding
in supplemental.
Background: See attached memorandum
Dwight Henninger, Police Chief, provided council with a Vail Trail Head Use Task Force update
on possible plans for this summer and Vail Trails. Henninger reported the East Vail trailheads
which included Booth, Pitkin, Bighorn, and Gore/Deluge, had seen significant growth in use over
the last several years. Using trail counter data from Booth Creek trail, the Forest Service
estimated a 156% increase between 2010 and 2018 which equated to about 2.6 times more
people using the trail. Booth Creek trail saw over 31,000 hikers during the summer of 2018.
These trailheads lead to the Congressionally -designated Eagles Nest Wilderness.
The Task Force discussed and researched a number of potential efforts to address issues
related to access, parking abuses, crowding, sanitation, trash, trail etiquette, off -leash dogs,
social media, etc. Henninger stated there was not one solution that appropriately addressed
those topics and also meet all the needs of stakeholders, including the Town, neighborhood
residents, and local and federal agencies.
Some recommendations from the Task Force for this summer included:
✓ Development of a Trail Host volunteer program.
✓ Portable sanitation facilities,
✓ Improved parking and circulation management,
✓ Dog waste education and other improvements to help address crowding on the trails.
Henninger stated the first step was to begin an integrated planning effort working with
stakeholders including the White River National Forest. The $30,000 funding would enable the
Town to contract with the Department of Transportation's Volpe Center to commence an overall
plan for these highly popular trails and trailheads in East Vail. The Volpe Center would facilitate
a stakeholder group, conduct stakeholder and public meetings, design and implement user
surveys, collect and analyze transportation/survey data, research feasible transit options,
investigate capacities and generate other agreed -upon documentation. Henninger provided a
break down of the costs of all the recommendations equaling $48,000; which staff was
Town Council Meeting Minutes of May 7, 2019 Page 3
requesting council add to the budget supplement that was being discussed later in tonight's
meeting.
Aaron Mayville, U.S. Forest District Ranger, explained the partnership with the town to also
include long-range management planning similar to what had been done for Hanging Lake to be
facilitated by the Volpe Center. This is the first summer for these efforts and more than likely
they will get tweaked throughout the season.
Mason thanked everyone for their efforts in managing the trails and helping the neighborhoods
the trails heads are located in.
Moffet suggested implementing the same process as Hanging Lake immediately.
Council asked about signage for no parking areas and ticketing parking violators.
Bruno asked about messaging during the busy days of other trails for people to hike. Bruno
also asked about permitting similar to Maroon Bells in Aspen.
There was no public comment.
Moffet made a motion to include the $48,000 in the second reading of the supplement; Foley
seconded the motion passed (5-0).
7. Action Items
7.1. Ordinance No. 7, Series 2019, an ordinance making budget adjustments to the
Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Housing Fund, Marketing Fund, Heavy Equipment Fund, Dispatch Services Fund, and
Timber Ridge Housing Fund.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series
2019.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2019.
Kathleen Halloran, Finance Director, provided council with a recap of the 2018 revenue growth
compared to 2017:
• 9% increase in sales tax,
• 112% increase in construction use tax,
• 31 % increase in parking sales,
• 21 % increase in RETT, and
• 82% increase in construction permits/fees.
Halloran briefly reviewed the adjustments to the general fund, capital projects fund, housing
fund, real estate transfer tax fund, marketing fund, heavy equipment fund, dispatch services
fund and Timber Ridge housing fund.
Council requested a small presentation from Shoulder to Shoulder for the $50,000 contribution
request for the 2019 Global Solutions Forum to be held in October.
There was no public comment.
Moffet moved to adopt Ordinance No. 7, Series of 2019 upon first reading; Foley seconded the
motion passed (5-0).
7.2. Ordinance No. 8, Series of 2019 - An Ordinance Amending Title 12, Zoning
Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, Amending the
Town Council Meeting Minutes of May 7, 2019 Page 4
Definition of Flat Roof, Adding Definitions for Sloping Roof and Parapet, Creating
Regulations for Parapet Height; and Setting Forth Details in Regard Thereto. 30 min.
Presenter(s): Ashley Clark, Planner 11
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 8, Series of 2019, upon first reading.
Background: The Community Development Department is proposing to update the Vail Town
Code to add definitions related to roof pitches and respective maximum allowed heights and to
add language to regulate parapets. The legislative history for height allowances in Vail from the
original adoption of the Zoning Regulations and Design Regulations to today shows that Vail
has adjusted its codes to accommodate design trends and technology. Today, roof construction
practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many
different roof pitches, with some being more flat or sloping relative to others. This text
amendment seeks to update the existing code to provide a clear standard for fair and consistent
review of projects in Vail.
Staff Recommendation: On April 22, 2019 the Planning and Environmental Commission (PEC)
forwarded a recommendation of approval to the Vail Town Council, of the proposed text
amendment, subject to the findings noted in Section VIII of the staff memorandum to the PEC.
Ashley Clark, Community Development Planner, explained the proposed amendments to
Sections 12-2-2 and 14-10-4, pursuant to Section 12-3-7, Amendment, Vail Town Code, was to:
• Allow for the addition of new definitions for sloping roof and parapet,
• Update the existing definition of flat roof and
• Add regulations for parapet height.
Council had no questions.
There was no public comment.
Moffet made a motion to approve Ordinance No. 8, Series of 2019 upon first reading; Coggin
seconded the motion passed (5-0).
7.3. Resolution No. 21, Series of 2019, a resolution adopting the 2019 Update the
Public Works Master Plan, and setting forth details in regard thereto.(PEC19-0006)
Presenter(s): Chris Neubecker, Planning Manager, Community Development Department
Action Requested of Council: The Town Council is asked to approve Resolution No. 21, Series
of 2019, to adopt the 2019 Update to the Public Works Master Plan.
Background: The existing Public Works Master Plan was approved in 1994 and is now 25 years
old. A new master plan is needed to guide future use and development of the Public Works site.
The purpose of the 2019 Update to the Public Works Master Plan is to provide a summary of
the immediate needs and the long term use of the Public Works site within the Town of Vail. The
Plan will provide a roadmap to guide future development of the site, while helping the Town to
understand the possible costs and impacts of future development, and allowing for flexibility in
implementation of the Plan.
Staff Recommendation: The Community Development Department recommends approval of
Resolution No. 21, Series of 2019.
Town Council Meeting Minutes of May 7, 2019 Page 5
Chris Neubecker, Community Development Planning Manager, presented an overview of the
public works master plan, stating the purpose of the Plan was to provide a summary of the
immediate needs and the long term use of the Public Works site. The Plan would provide a
roadmap to guide future development and use of the site, while helping the Town to understand
the possible costs and impacts of future development, and allowing for flexibility in
implementation of the Plan. The main program elements of the Plan include:
• Employee Housing
• Public Works Administration
• Transit
• Fleet Maintenance
• Streets & Parks
• Facilities Maintenance
• Solar Energy Systems
• Snow Dump/Storage
• Site Parking
Neubecker explained the timeframe for this Master Plan was 20 years. This duration allowed for
the Town to identify known needs and to plan for the future. There are six priorities of the Public
Works Master Plan:
1. Streets and Parks building expansion
2. Housing opportunities which may be available at the site
3. Solar energy opportunities to help offset Town of Vail energy consumption
4. N. Frontage Road turn -lane and improvements to support future expansion
5. Snow Dump/Storage expansion
6. Site utility upgrades
Neubecker stated the PEC made recommendations to the Plan at an April meeting to include
Solar Panels and housing.
Council had no questions.
There was no Public Comment
Moffet made a motion to approves Resolution No. 21, Series of 2019, a resolution adopting the
2019 Update to the Public Works Master Plan. This motion is based upon the Planning and
Environmental Commission's review and recommendation of approval of the proposed Plan, as
amended over the course of the public hearing process and the finding that the applicant has
demonstrated to the satisfaction of the Town Council that conditions have changed since the
original adoption of the 1994 Public Works Facility Master Plan and that the requested
additions, deletions, or changes to the Plan are in concert with the adopted development
objectives, as outlined in Section VI of the staff memorandum to the Planning and
Environmental Commission dated April 22, 2019.; Foley seconded the motion passed (5-0).
7.4. Resolution No. 22, Series of 2019, A Resolution of the Vail Town Council Stating
Intent of the Town to Acquire Certain Property for the Protection of the Town's Stream
Tract, and to Provide for the Unencumbered Use of Public Property Pursuant to C.R.S.
§38-6-101, ET Seq. C.R.S. §31-25-201, Article XX, §1 Town of Vail Home Rule Charter
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 22,
Series of 2019.
Town Council Meeting Minutes of May 7, 2019 Page 61
Background: Delponte sued the Town after installing private landscaping and patio
improvements on Town -owned property adjacent to Gore Creek. Delponte sought a declaratory
judgment that a restrictive covenant permitted installation of his private improvements. The
Town filed a counterclaim for trespass. In 2016, the Colorado Court of Appeals agreed with the
Town, finding that the improvements illegally trespassed upon Town property as a matter of law
and remanding the matter to the District Court to award damages for the trespass. Two years
later, the district court held a hearing concerning damages. In the meantime, the plaintiff
convinced his neighborhood to adopt a new restrictive covenant that purportedly allows private
improvements on Town -owned property. At the damages hearing, despite evidence of actual
damages provided by the Town, the district court awarded the Town only nominal damages of
$1.00 for the 12 years of trespass on Town -owned property. The Town has again appealed the
district court's decision to the Colorado Court of Appeals, and the appeal is pending. To avoid
another attempt by the neighborhood to take Town -owned property, the Town intends to
condemn all existing and future restrictive covenants that purport to allow private uses on the
Town -owned property. Under current case law, the value of the property interest to be
condemned is zero.
Matt Mire, Town Attorney, reviewed Resolution No. 22, Series of 2019 with council. Mire
explained the new covenants allowed owners to build private use on town property and the
condemnation would make it unlawful to use public land for private use. Mire reminded council
this would assist with protecting the Gore Creek stream tract.
There was no public comment.
Moffet made a motion to approve Resolution No. 22, Series of 2019; Coggin seconded the
motion passed (5-0).
Moffet made a motion to appoint Kristen Bertuglia as the negotiator; Foley seconded the motion
passed (5-0).
8. Public Hearings
8.1. Ordinance No. 6, Series of 2019, Second Reading, An Ordinance Granting a
Franchise to Holy Cross Energy
Presenter(s): Greg Hall, Public Works & Transportation Director
Action Requested of Council: Table Ordinance No. 6, Series of 2019 to the May 21, 2019 Town
Council meeting.
Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility
Franchise Agreement since February 27, 1979. That agreement was renewed on May 4, 1999
to expire this May. The franchise fee is currently set at 3%, which is consistent with other
municipalities with whom Holy Cross Energy has franchise agreements with. The proposed
franchise agreement increases the franchise fee to 4%. The additional revenue generated from
this increase will assist with undergrounding of overhead electric and other utility lines. Public
notice requirements for franchise agreements have been met by Holy Cross.
Staff Recommendation: Table Ordinance No. 6, Series of 2019 to the May 21, 2019 Town
Council meeting.
Town Council Meeting Minutes of May 7, 2019 Page 7
Moffet made a motion to table Ordinance No. 6, Series of2019 to the May 21, 2019 meeting;
Foley seconded the motion passed (5-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting; Coggin seconded the motion which passed (5-0) and the meeting adjourned at 8:50
p.m.
Attest:
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Town Council Meeting Minutes of May 7, 2019
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