HomeMy WebLinkAbout2019-12-17 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 17, 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
Staff members present
1. Citizen Participation
Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tern
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Scott Robson, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Michael Cacioppo, Eagle County resident, asked questions of council member Coggin
concerning his employment history.
Tom Vucich, East Vail resident, requested council meet with PEC members about concerns
some of the members have made regarding the sequence of the development review process
and their roles.
2. Appointments for Boards and Commissions
2.1. Appoint three members to the Commission on Special Events (CSE).
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint three people to the CSE for a two-year term
ending December 31, 2021.
Langmaid made a motion to appoint Kim Rediker, Samantha Biszantz and Jill Lau to serve a
two-year term each on the CSE; Mason seconded the motion passed (7-0).
3. Consent Agenda
3.1. November 5, 2019 Town Council Meeting Minutes
Foley made a motion to approve November 5, 2019 meeting minutes; Langmaid seconded the
motion passed (6-0) *Stockmar recused.
3.2. November 19, 2019 Town Council Meeting Minutes
Town Council Meeting Minutes of December 17, 2019 Page 1
Foley made a motion to approve the November 19, 2019 meeting minutes; Langmaid seconded
the motion passed (6-0) *Bruno recused.
3.3. Contract for Data Center
Jenn Bruno made a motion to authorize the Town Manager to enter into an agreement with ULF
& Associates in an amount not to exceed $791,396.00; Stockmar seconded the motion passed
(7-0).
3.4. Resolution No. 47, Series of 2019, A Resolution Accepting a Donation of Real
Property (East Vail parcel 2101-123-00-006).
Bruno made a motion to approve Resolution No. 47, Series of 2019; Coggin seconded the
motion passed (7-0).
3.5. Resolution No. 48, Series 2019 - East Vail 1-70 Interchange Pedestrian Path Grant
Application
Bruno made a motion to approve Resolution No. 48, Series of 2019; Coggin seconded the
motion passed (7-0).
3.6. Resolution No. 49, Series of 2019 Release of Solar Vail Deed Restrictions
Replaced by New Restriction
Bruno made a motion to approve Resolution No. 49; Langmaid seconded the motion passed (7-
0).
3.7. Resolution No. 50, Series of 2019, A Resolution Approving an Amended Operating
Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2019
Through December 31, 2019
Bruno made a motion to approve Resolution No. 50; Langmaid seconded the motion passed (7-
0).
4. Town Manager Report
4.1. Wildlife Mitigation Update (Verbal Update)
Presenter(s): Scott Robson, Town Manager
Robson recommended forming of a Bighorn Sheep Habitat Improvement Working Group made
up of a representative from the Colorado Division of Wildlife, U.S. Forest Service, an
independent wildlife biologist and the Town of Vail. The working group would discuss short -
and long-term improvements addressing the East Vail bighorn sheep habitat. Representing the
Town of Vail would be Scott Robson, Kristen Bertuglia, Mark Novak, Kim Langmaid and another
council member.
Stockmar requested to be the other council member since he lived in East Vail.
4.2. Wifi Data Update
Town Council Meeting Minutes of December 17, 2019 Page 2
Presenter(s): TJ Johnson, IT Director and Mia Vlaar, Economic Development Director
Background: The Town of Vail will be moving to gated access to the free Vail WiFi in late
December. Gated access is a common practice in locations where free WiFi is offered. The
gated access requires a first and last name and email address before accessing WiFi. The
change was requested by the Vail Local Marketing District Advisory Council as a key
component to support the Web and Data initiative. The goal is to begin to capture guest contact
information in order to support building our guest database and
to improve our ability to communicate directly with our constituents.
Vlaar stated the WIFI would still be free in Vail, but the users will need to complete a onetime
survey per device.
4.3. Review of Solicitation Flyer
Presenter(s): Scott Robson, Town Manager
Robson reviewed the message that would be posted on sandwich boards informing guests and
residents ways to report solicitation that is unfriendly or aggressive. This would assist with
tracking complaints.
Bruno requested adding a text number that people can report or issue a complaint.
5. Presentations / Discussion
5.1. West Vail Master Plan Review Goals
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Council: Staff asks Council to review the presentation and provide
requested direction.
Background: Following up from the West Vail Master Plan introductory presentation to Council
on November 19, 2019 staff is seeking Council confirmation of the proposed master plan goals
for incorporation into an RFP for consulting services. The Vail Town Council Action Plan 2018-
20 identifies the creation and adoption of a new West Vail Master Plan as a Town Council
priority in the Community Element section of that document.
Gennett informed council he was in the process of drafting an RFP for consulting services for
the West Vail Master Plan but wanted to confirm he captured council's four goal statements
from the November 1911 meeting for incorporation into the RFP.
✓ Thoroughly engage the community to understand their ideas, goals and opinions for
West Vail
✓ Establish a framework for implementation of environmentally sustainable best practices
for future development
✓ Identify opportunities to better utilize land in West Vail including options for future
housing sites
✓ Foster economic development and create a more vibrant, aesthetically enhanced
residential and commercial area to meet community expectations
Town Council Meeting Minutes of December 17, 2019 Page 3
Council agreed with the four goal statements.
6. Action Items
6.1. Ordinance No. 15, Series of 2019, First Reading, An Ordinance Amending Section
12-2-2 of the Vail Town Code to Clarify Certain Definitions, and Amending Section 12-2-1
of the Vail Town Code to Delete Duplicative Definitions
Presenter(s): Erik Gates, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 15, Series of 2019, upon first reading.
Background: The applicant, the Town of Vail, is proposing numerous changes to Sections 12-2-
2, Definitions of Words and Terms, and Section 14-2-1, Definitions of Words and Terms, Vail
Town Code, in order to clarify existing term definitions and to maintain a consistency of
definitions between Title 12 and Title 14 within the Town Code.
Staff Recommendation: The Planning and Environmental Commission recommended approval
of Ordinance No. 15, Series of 2019, unanimously on September 23, 2019.
Gates reviewed Ordinance No. 15, Series of 2019 with council stating the proposed code
changes are related to clarification or simplification of existing definitions.
There was no public comment.
Coggin made a motion to approve first reading of Ordinance No. 15, Series of 2019; Stockmar
seconded the motion passed (7-0).
6.2. Ordinance No. 16, Series of 2019, First Reading, An Ordinance Amending Section
14-6-7.a of the Vail Town Code to Clarify Design Standards for Retaining Walls
Presenter(s): Erik Gates, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 16, Series of 2019, upon first reading.
Background: The applicant, the Town of Vail, is proposing an amendment to Section 14-6-7,
Retaining Walls, to allow the Design Review Board to permit retaining walls in excess of three
feet (T) within the front setback when related to the development of a structure on excessive
slopes. Existing regulations only allow for Design Review Board approval of retaining walls in
excess of three feet (T) within the front setback when related to a garage in the front setback or
access to a structure.
Staff Recommendation: The Planning and Environmental Commission recommended approval
of Ordinance No. 16, Series of 2019, unanimously on September 23, 2019.
Town Council Meeting Minutes of December 17, 2019 Page 4
Gates reviewed Ordinance No. 16, Series of 2019 with council stating the amending Section 14-
6-7: Retaining Walls to allow for a 3' retaining wall within the front setback. Gates explained this
amendment would allow greater flexibility to build with respect to specific topography.
There was no public comment.
Coggin made a motion to approve Ordinance No. 16, series of 2019 upon first reading; Mason
seconded the motion passed (7-0).
6.3. Ordinance No. 21, Series of 2019, First Reading, An Ordinance authorizing the sale
of certain vacant land in the Chamonix Vail Community to STK Capital LLC for $875,000
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approved, approve with modifications, or deny Ordinance No. 21,
Series of 2019 on first reading
Background: The Vail Town Council instructed the town staff to submit the necessary
development review applications to facilitate the sale of a vacant parcel of land in the Chamonix
Vail Community Subdivision. This parcel of land was intentionally left vacant at the time of the
development of the Chamonix Vail Townhomes with the intent to sell the parcel in the future for
free-market and deed -restricted development.
Staff Recommendation: The town staff recommends the Vail Town Council approves Ordinance
No. 21, Series of 2019, on first reading. Approval of this ordinance aligns with town council
direction and furthers the Town's goal of acquiring 1,000 new deed restrictions by the year
2027.
Matt Mire reviewed Ordinance No. 21, Series of 2019 with council which authorized the sale of
the Chamonix Parcel E for $875,000.
Council asked if the funds would be allocated to the Housing Fund which Smith replied council
could add that request in their motion tonight during the second reading of the second
supplemental.
Coggin made a motion to approve Ordinance No. 21, Series of 2019 upon first reading; Foley
seconded the motion passed (7-0).
7. Public Hearings
7.1. Ordinance No. 17, Series 2019, Second Reading, An Ordinance providing for the
levy assessment and collection of town ad valorem property taxes due for the 2019 tax
year and payable in the 2020 fiscal year.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve, or approve with amendments Ordinance No. 17, Series
2019.
Background: Please see attached memo.
Town Council Meeting Minutes of December 17, 2019 Page 5
Staff Recommendation: Approve Ordinance No. 17, Series 2019.
Kathleen Halloran, Finance Director, stated Ordinance No. 17, Series of 2019 had been
updated since the first reading on December 3`d to reflect the revised assessed valuations from
Eagle County. The valuations decreased by $10,568 which would not affect the conservative
2020 budget.
There was no public comment.
Bruno made a motion to approve Ordinance No. 17, series of 2019 upon second reading; Foley
seconded the motion passed (7-0).
7.2. Ordinance No. 19, Series of 2019, Second Reading, Amendments to Title 10, Title
12 and Title 14 of the Town of Vail Code Related to Wildland Urban Interface Building
Construction and Landscaping.
Presenter(s): Mark Novak, Fire Chief; Paul Cada, Wildland Program Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19,
Series of 2019, upon second reading.
Background: The applicant, the Town of Vail is proposing to amend Title 10, Title 12 and Title
14 of the Town of Vail Code to increase ignition resistance
of new construction and landscaping.
Staff Recommendation: Approve on second reading Ordinance No. 19, Series of 2019.
Novak confirmed there have been no changes since first reading of Ordinance No. 19, Series of
2019.
Coggin made a motion to approve Ordinance No. 19, Series of 2019 upon second reading;
Stockmar seconded the motion passed (7-0).
7.3. Ordinance No. 20, Series of 2019, Second Reading, An Ordinance Making 5 min.
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): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series
2019.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 20, Series 2019.
Smith reviewed the changes since first reading of Ordinance No. 20, Series of 2019 with
council.
Town Council Meeting Minutes of December 17, 2019 Page 6
• General Fund was adjusted by $10,000 increase in the Real Estate Transfer Tac
collection fee. Budgeted revenue would be adjusted by $9,000 state 1-70 POST grant to
offset expenditures for police officers to attend Spanish language classes
• Capital Projects Fund was adjusted by an increase of $595,000 for the remaining
reimbursement of the federal grant for the reconstruction of Bridge Road Bridge.
Additionally, there will be an adjusted increase of $90,000 from the 1% Holy Cross
Franchise Fee to be used towards sharing the costs of undergrounding overhead electric
and other utility lines.
• Housing Fund was adjusted by an increase of $195,000 per council's request on
December 311 to allow the decrease in budget from a reduction in the number of deed
restrictions purchased at Solar Vail be allocated to the InDEED Program rather than be
transferred back to the Capital Projects Fund.
• Real Estate Transfer Tax Fund was increased by $200,000 to reflect actual 2019
RETT collections.
There was no public comment.
Coggin made a motion to approve Ordinance No. 20, Series of 2019 with the addition of
transferring the proceeds from the Sale of Chamonix Parcel E in the amount of $875,000 into
the Housing Fund; Bruno seconded the motion passed (7-0).
7.4. Ordinance No. 22, Series 2019, Second Reading, An Ordinance Amending 5 min.
Section 4-3-3-2 of the Vail Town Code to Impose a Special Sales Tax on Cigarettes,
Tobacco Products and Nicotine Products at the rate of 15 cents
per cigarette sold or $3.00 per pack of 20 cigarettes sold and 40% on the price paid for
the purchase of all other tobacco products and nicotine products, starting January 1,
2020
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22,
Series 2019 upon second reading.
Background: On November 5th the Vail voters approved Ballot Issue No. 1, authorizing the
imposition of a special sales tax on cigarettes, tobacco products and nicotine products
beginning January 1, 2020. Ordinance No. 22, Series 2019 implements the collection of that
tax.
Staff Recommendation: Approve Ordinance No. 22, Series 2019 upon second reading.
Mire stated there were no changes to Ordinance No. 22, Series of 2019 since first reading.
There was no public comment.
Coggin made a motion to approve Ordinance No. 22, Series of 2019 upon second reading;
Stockmar seconded the motion passed (6-1 Foley opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 7:05
p.m.
Town Council Meeting Minutes of December 17, 2019 Page 7
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Town Council Meeting Minutes of December 17, 2019 Page 8