HomeMy WebLinkAbout2020-11-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, November 3, 2020
6:00 P.M.
Due to the Town's Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
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
Kim Langmaid, Mayor Pro Tern
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Deputy Town Clerk
1. Citizen Participation
There was none.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1 ERWSD Temporary Access and Staging License Agreement
Action Requested of Council: Approve the use of Town Land by ERWSD for the purposes of
temporary construction access and staging.
Background: ERWSD is replacing a 50+ year old Sanitary Sewer Main Bridge crossing over the
Eagle River in Dowd Junction adjacent to the Gore Valley Trail Pedestrian Bridge. in order to
complete the project ERWSD needs to access the site via the Gore Valley Trail and the existing
gravel road that leads to the river. Also, there is an existing large gravel area that is on Town
property that could be used for construction staging.
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Staff Recommendation: Staff recommends approving the request and directing Town staff to
work with the Town attorney to draft a temporary license agreement that can be executed by the
Town Manager and ERWSD.
Foley made a motion to approve ERWSD Temporary Access and Staging License Agreement;
Stockmar seconded motion approved (7-0).
3.2. Staub Park Easement Request
Action Requested of Council: Approve or deny a utility easement within Staub Park for
telephone services.
Background: The owners at 303 Gore Creek Drive (ROW Homes, Unit 12) along Gore Creek
Drive near Staub Park is seeking to obtain a utility easement to run telephone services through
Staub park to the rear of four residences.
Staff Recommendation: Approve or deny a utility easement within Staub park for telephone
services.
Bruno made a motion to deny Staub Park Easement Request; Coggin seconded the motion
passed (7-0).
4. Town Manager Report
Robson started his report by reminding Vail residents there was still time to cast their votes for
the 2021 General Election. Additionally, Robson provided an update on operational aspects
related to the pandemic:
• New state guidance on transit operations was recommended 50% seating capacity.
The town would consult with Eagle County Public Health for further guidance
throughout the health crisis.
• Many other safety standards are in place for transit passengers (mandatory face
covering for employees and passengers, face coverings at bus stops, plexi-glass
patricians for drivers, signage to promote compliance, rider capacity will fluctuated
depending on guidance from county, and Synexis defense system in all the buses).
Robson quickly reviewed other topics with council:
• The volunteer community host program had been suspended due to the high risk for
COVID. A paid ambassador program would be implemented as an alternative to
address the town's public health measures;
• Economic Development Department had continued to do great work in planning
economic recovery efforts for the winter including a variety of small events;
• The town would be involved in operational planning with Vail Resorts to prepare for a
Nov. 20 opening on Vail Mountain; and
• There were no new recommendations regarding the existing noise ordinance.
Langmaid requested to focus on addressing 1-70 noise than noise levels in the Villages.
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• Communications Department had been working hard to provide up to date and
continuous information for the upcoming winter season: Discover Vail and Vail.com
would be great resources of information regarding everything our guests would need to
know about the winter season and any changes that may occur locally due to the
pandemic and Eagle County guidelines.
5. Action Items
5.1. Resolution No. 48, Series of 2020, A Resolution of the Vail Town Council
Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open
Space Adjacent to Gore Creek
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 48,
Series of 2020
Background: In 2017, 18 years after the Town acquired Tract C, 2 years after the Town adopted
the Stream Tract Protection Ordinance, 1 year after the Town approved the Gore Creek Action
Plan, and without the Town's consent, the property owners in the Eleventh Filing amended the
Protective Covenants to expand the allowed uses in Tract C to allow for private encroachments
and the maintenance of non-native vegetation. In order to preserve Tract C as natural open
space that is devoid of any privately -owned improvements or non-native vegetation, as originally
intended, the Town now seeks to remove the Protective Covenants from Tract C and acquire
unencumbered title to Tract C. C.R.S. § 38-1-105 (5) authorizes the Town to condemn all
property interests in Tract C held by other persons
Staff Recommendation: Approve Resolution No. 48, Series of 2020
Town Attorney requested Resolution No. 48, Series of 2020 be rescheduled since the exhibits
were not attached. Council rescheduled Resolution No. 48, Series of 2020 to the November 17'"
meeting.
5.2. Ordinance No. 16, Series of 2020, an Ordinance to amend Section 12-16-7: Use
Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for
funiculars and other similar conveyances.
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 16, Series of 2020, upon first reading.
Background: The proposed amendment will revise the criterion to allow for the use of a funicular
to gain pedestrian access to accessory structures and recreation facilities/structures. Currently
the use criterion restricts the use of funiculars to the access of residential dwellings only.
Town Council Meeting Minutes of November 3, 2020 Page 3
Staff Recommendation: On October 12, 2020 the Planning and Environmental Commission
(PEC) forwarded a unanimous recommendation, for approval, for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code.
Dominic Mauriello, Mauriello Planning Group and Michael Suman, Suman Architects presented
an overview on behalf of their client, LSC 27 LLC, located at 696 West Forest Road.
Council clarified that the vote on this Ordinance was for a text amendment in the code, not a
vote for a funicular project for a specific property.
Foley expressed concern how this amendment could affect private vs public use.
Langmaid expressed concerned the potential abundance of applications the ordinance could
generate as well as the future look and the environmental effects it could have on the town.
Council suggested the proposed text amendment be studied more closely.
Mauriello and Suman confirmed applicants would still need to go through Planning, Environment
and Commission process for approval. This was to clean up the code and not to approve a
certain project.
There was no public comment.
Coggin motioned to approve Ordinance 16, Series 2020 subject to the findings in the staff
memorandum; Mason seconded the motion passed (5-2* Foley and Langmaid opposed).
6. Public Hearings
6.1. Ordinance No. 13, Series of 2020, 2nd Reading, Ordinance to replace Section 12-
61-8 Parking and Loading, Vail Town Code, with a new section, Section 12-61-8 Mobility, to
address mobility needs of residents in the Housing (H) Zone District
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 13, Series of 2020, upon second reading.
Background: The proposed text amendment provides an enhanced framework for the
development, review and enforcement of mobility plans within the Housing (H) zone district. The
enhanced framework provides for the needed flexibility in the district while recognizing the
necessity of adequate review provisions and performance standards.
Staff Recommendation: On September 28, 2020, the Planning and Environmental Commission
(PEC) forwarded a recommendation of approval (5-1 Gillette opposed) for a prescribed
regulation amendment.
There was no public comment.
Town Council Meeting Minutes of November 3, 2020 Page 4
Foley made a motion to approve Ordinance 13, Series 2020; Stockmar seconded the motion
passed (7-0).
6.2. Ordinance No. 14, Series of 2020, 2nd Reading, Ordinance to add Section 13-14,
Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add
an administrative procedure for the adjustment or elimination of lot lines between
existing platted lots
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 14, Series of 2020, upon second reading.
Background: Currently the Planning and Environmental Commission reviews applications for the
adjustment or elimination of lot lines between existing platted lots as a Minor Subdivision. The
Community Development Department and the Planning and Environmental Commission have
expressed agreement that this public review has been unnecessary and did not add value, as a
review for compliance with relevant standards had already occurred.
Staff Recommendation: On September 28, 2020, the Planning and Environmental Commission
(PEC) forwarded a unanimous recommendation, for approval, for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code.
There was no public input.
Coggin made a motion to approve Ordinance 14, series 2020; Foley seconded the motion
approved (7-0)
7. Matters from the Mayor
Mayor Chapin reminded everyone the Vail Mountain opened in 16 days! He also thanked first
responders for the work they do. He noted the selfless work of the fire department in assisting
with the large wildfires in Colorado. He is looking forward to the presentation from Chief Novak
of lessons learned from these fires.
Bruno suggested a temporary sidewalk to accommodate requests from residents on Chamonix
while awaiting a permanent solution as part of the Highline project. She thanked VRD
organizers of Trick or Treat Trot and participating businesses for delivering a safe and festive
event. She also thanked the election judges and the town staff for their efforts.
Langmaid thanked the town staff for their hard work and flexibility in dealing with the pandemic
and preparing for the opening of ski season.
Foley offered his thanks for recent maintenance work on the Gore Valley Trail through Dowd
Junction. He also offered praise to VRD for Trick or Treat Trot and thanked Public Works for
refurbishing trash and recycle bins.
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Coggin asked everyone to be responsible for cleaning up after their pets and to be responsible
to pack it out on the trails. He also expressed concern of garbage he saw left on trails
throughout the summer and reminded everyone to be respectful of the land.
Stockmar noted he and Langmaid had been asked to testify on behalf of the Colorado Clean
Trucking Strategy effort organized by CDOT. He is also interested in seeing how Vail can take
part in better coordination of regional trails and bus routes.
Mason thanked her fellow Town Council members for taking care of the town's business in a
respectful and kind way. She also suggested scheduling more neighborhood trail clean up days
and thanked everyone for taking part in today's election.
There being no further business to come before the council, Foley moved to adjourn the
meeting; Langmaid seconded the motion which passed (7-0) and the meeting adjourned at 7:03
p.m.
Attest:
Respectful) Submitted,
Dave Wpin, M �yor
Or
Stephan Bibbens, Deputy Town Clerk Q 7I
c�0 o ��
ORATE
Town Council Meeting Minutes of November 3, 2020 Page 6