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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. Town Council Meeting Minutes of November 3, 2020 Page 1 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. Town Council Meeting Minutes of November 3, 2020 Page 2 • 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. Town Council Meeting Minutes of November 3, 2020 Page 5 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