HomeMy WebLinkAbout2021-04-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, April 6, 2021
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
Members absent:
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
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Matt Morgan, Vail business owner, asked the council to end the outdoor mask mandate on April
19.
Mike Brumbaugh, Vail business owner, asked the council to end the outdoor mask mandate.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 3 Series of 2021, Recognizing National Library Week 2021
"Welcome to Your Library"
Presenter(s): Lori Barnes, Town of Vail Library Director
Action Requested of Council: Approve Proclamation No. 3, Series 2021
Background: First sponsored in 1958, National Library Week is a national observance sponsored
by the American Library Association (ALA) and libraries across the country each April. It is a time
Town Council Meeting Minutes of April 6, 2021 Page 1
to celebrate the contributions of our nation's libraries and librarians and to promote library use
and support. All types of libraries (school, public, academic and special) participate.
http://www.ala.org/conferencesevents/node/6/
Chapin read Proclamation No. 3, Series of 2021 into the record.
3.2. Proclamation No. 4, Series 2021, Recognizing Emergency Services Dispatch (911)
as First Responders
Presenter(s): Marc Wentworth, Vail Public Safety Communications Center Director
Action Requested of Council: Approve Proclamation No. 4, Series 2021.
Background: Receiving 911 calls requires significant training and competencies such as
situational assessment skills and sound judgment, strong public and internal relations, teamwork,
and advanced multitasking skills. Telecom municators have the sole responsibility for dispatching
police, fire and medical first responders and act as their communication partners during every call
for service.
Chapin read Proclamation No. 4, Series of 2021 into the record.
4. Consent Agenda
4.1. Resolution No. 16, Series of 2021, A Resolution Granting a Pedestrian Easement
Across Lot 10, Vail Village Second Filing to the Evergreen Lodge, HTC
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 16,
Series of 2021
Background: The Town of Vail is the owner of certain real property in the Town of Vail legally
described as Lot 10, Vail Village Second Filing. HCT Members, LLC ("HCT") desires to obtain a
pedestrian access easement across the property, and the Town wishes to grant HCT a pedestrian
access easement across the property
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 16, Series
of 2021
Langmaid made a motion to approve Resolution No. 16, Series of 2021; Foley seconded the
motion passed (6-0).
4.2. Resolution No. 17, Series of 2021, a Resolution Approving a Contract to Buy and
Sell Residential Real Estate
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 17,
Series of 2021.
Background: The Town of Vail has the possibility to acquire real property
within the Town boundaries. The Town wishes to purchase the property for employee housing.
Town Council Meeting Minutes of April 6, 2021 Page 2
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 17, Series
of 2021
Coggin made a motion to approve Resolution No. 17, Series of 2021; Foley seconded the motion
passed (6-0).
4.3. Fire Engine Contract Award to Front Range Fire Apparatus
Action Requested of Council: Authorize the Town Manager to enter into an agreement with Front
Range Fire Apparatus
Background: The 2021 Capital Projects Fund allocated $880,000 for the purchase of a new fire
engine.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Front Range Fire Apparatus in an amount not to exceed
$816,540.00
Foley made a motion to authorize the Town Manager to enter into an agreement with Front Range
Apparatus in an amount not to exceed $816,540.00; Coggin seconded the motion passed (6-0).
4.4. Lionshead Parking Structure Structural Repair Contract Award
Action Requested of Council: Authorize the Town Manager to enter into an agreement with
Restruction Corporation in the amount not to exceed $632,848.00.
Background: The structural Engineering firm of J.R. Harris and associates did a structural
assessment of the Lionshead parking Structure in the fall of 2020 and produced a report of their
findings. Due to the very technical and dangerous nature of this work Restruction Corporation
was engaged to price and perform the work. There are only two firms in Colorado capable of this
type of work. Only Restruction Corporation was interested. This project will be paid for out of the
Parking Structure Capitol account.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Restruction
Corporation in the amount not to exceed $632,848.00.
Coggin made a motion to authorize the Town Manager to enter into an agreement with Restruction
Corporation in an amount not to exceed $632,848.00; Mason seconded the motion passed (6-0).
4.5. Police Department Roof Top Air conditioning units Contract Award
Action Requested of Council: Authorize the Town Manager to enter into an agreement with
American Mechanical Services in the amount not to exceed $112,239.00.
Background: Town staff is working to replace all 8 of the Police Department roof top units two per
year. This will be the second year of replacement. This year we will replace the unit that provides
heat and cooling to the dispatch IT room and the unit that provides heat and cooling to the
detectives' offices. The new units are high efficiency and will save both natural gas and electric.
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Two bids were received for this work. The low bidder was American Mechanical Services. This
project will be paid for out of the Facility Capitol account.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with American
Mechanical Services in the amount not to exceed $112,239.00.
Coggin made a motion to authorize the Town Manager to enter into an agreement with American
Mechanical Services in an amount not to exceed $112,239.00; Bruno seconded the motion
passed (6-0).
5. Presentations / Discussion
5.1. Eagle River Water and Sanitation District Water Supply Master Plan Presentation
Presenter(s): Linn Brooks, ERW SD General Manager; Jason Cowles,
ERW SD Director of Engineering and Water Resources; Diane Johnson, ERW SD
Communications and Public Affairs Manager
Action Requested of Council: Listen to presentation and ask questions.
Background: General Manager Linn Brooks will provide an overview of water issues in the valley
to set the stage for discussing the Water Resources Master Plan in the second presentation to
the Vail Town Council on April 20, 2021.
Brooks provided council the history of water in Eagle River Valley; the current pollical structure;
where our water comes from; how we use water and the important future issues. Brooks shared
new reservoir storage and conservation should be today's focus. Developers must dedicate of
pay a fee for an adequate supply of water. Building codes efficiency requirements and reducing
water use for landscaping are areas communities across the nation should consider. Brooks
stated the second part of the presentation on April 20 would cover water supply master plan and
proposed programs and projects.
Council thanked Brooks and her team for their presentation noting they looked forward to hearing
part 2 of the presentation on the 20t"
6. Town Manager Report
6.1. Verbal Update: East Vail Control Burn Timber Ridge Housing Opportunities
Employees Retiring
Robson noted the retirement of long-term employee Hawkeye Flaherty and pending retirement of
Mike Rose. Robson reported on his meeting with the Eagle Air Alliance stating there would be
more air seats offered this summer out of Eagle then in the past. American Airlines would have
a direct flight to Chicago and Delt Air will have a daily route to Atlanta.
Mark Novak, Fire Chief, stated the fire burn project went very well and thanked the council for
their support of this project. There were no complaints of smoke.
Town Council Meeting Minutes of April 6, 2021 Page 4
7. Action Items
7.1. Ordinance No. 7, Series 2021 First Reading, An Ordinance Amending Chapter 2 of
Title 4 of the Val Town Code to Authorize the Creation of Entertainment Districts in the
Town
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 7,
Series of 2021 upon first reading
Background: The Town Council desires to establish the criteria for entertainment districts and
common consumption areas, including application procedures, fees, and hours of operation for
common consumption areas in entertainment district.
Staff Recommendation: Approve Ordinance No. 7, Series of 2021 upon first reading
Nagel provided council with a quick view of Ordinance No. 7, Series of 2021 stating the ordinance
would amend Chapter 2 of Title 4 of the Vail Town Code to allow for the creation of Entertainment
Districts. Additionally, Nagel noted the ordinance delegated the Town Clerk's office the authority
to oversee the creation and operation of common consumption areas which would allow for any
changes to a promotional association or the boundaries of a common consumption area to
happen quickly.
Bruno confirmed businesses without liquor licenses could become a part of the promotional
association but could not serve or sell alcohol. Nagel confirmed a non -liquor license business
could allow alcohol within in their business but could not sell or give away any liquor.
Coggin questioned the insurance and security requirements. Nagel explained those requirements
were state regulated.
Foley confirmed an entertainment district would require a lot of work from the liquor
establishments. Nagel stated it completely depended on the businesses to join together to create
an entertainment district. Nagel stated once Governor Polis lifted the COVID emergency orders
the Town would no longer be allowed to utilize the streets within the villages as a common
consumption area.
Public comment was called.
Rick Sackbauer, Vail resident, suggested community members contact the governor's office and
state legislators to ask to extend the state's current provisions via executive order.
Mark Gordon, Vail resident, suggested the town lobby the governor's office for an extension with
signatures from the VEAC, Town Council and other bodies.
Public comment was closed.
Town Council Meeting Minutes of April 6, 2021 Page 5
Foley made a motion to approve Ordinance No. 7, Series of 2021 upon first reading; Coggin
seconded the motion passed (6-0)
7.2. Ordinance No. 8, Series of 2021 First Reading, An Ordinance Amending Section 5-
1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts
Between the Hours of 2:00 P.M. and 8:00 P.M.
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8,
Series of 2021 upon first reading.
Background: Vail Town Council directed staff to recommend changes to the
Vail Town Code to support the goal of the Town to balance the desire to create entertainment
activations in Vail Village and Lionshead Village while being respectful of the combination of
commercial and residential neighborhoods.
Staff Recommendation: Approve Ordinance No. 8, Series of 2021 upon first reading.
Robson quickly reviewed Ordinance No. 8, Series of 2021 with the council. Robson stated the
ordinance was similar to other mountain resort communities. This would allow for continuation of
mid -day (2:00 pm — 8:00 pm) apres music atmosphere that would not disturb businesses.
Council was supportive of the code change.
Mark Gordon, Vail resident, questioned the decibels from a summer concert in 2020. He would
hope the new range would not interfere with his business. He did not agree with concerts on the
streets in the villages.
Foley made a motion to approve Ordinance No. 8, Series of 2021 upon first reading; Coggin
seconded the motion passed (6-0).
8. Public Hearings
8.1. Ordinance No. 4, Series of 2021, Second reading, An Ordinance
Amending Title 6 of the Vail Town Code by the Addition of a New Chapter 4B Regarding
the Sale of Dogs and Cats Born or Raised in Inhumane Commercial Breeding Facilities
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4,
Series of 2021, upon second reading.
Background: The Community Development Department is proposing to update the Vail Town
Code to add a new Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale of
dogs and cats from puppy and kitten mills as it is an unwholesome business practice and not in
the best interest of the public welfare of the Town.
Town Council Meeting Minutes of April 6, 2021 Page 6
Staff Recommendation: Approve Ordinance No. 4, Series of 2021 upon second reading.
Gennett reviewed Ordinance No. 4, Series of 2021 with council stating this ordinance embraced
all animals used for breeding.
There was no public comment.
Coggin made a motion to approve Ordinance No. 4, Series of 2021 upon second reading; Mason
seconded the motion passed (6-0).
8.2. Ordinance No. 5, Series of 2021, Second Reading, Budget Supplemental No. 1, 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, Debt Service Fund and Dispatch Services Fund of the 2021 Budget for the Town of
Vail.
Presenter(s): Carlie Smith, Financial Services Manager and Kathleen Halloran, Finance Director
Action Requested of Council: Approve, or approve with amendments Ordinance No. 5, Series
2021.
Background: Please see attached memorandum.
Staff Recommendation: Approve or approve with amendments Ordinance No. 5, Series 2021.
Smith reviewed Ordinance No. 5, Series of 2021 with council and the changes outlined in their
staff memo.
There was no public comment.
Council had no questions.
Foley made a motion to approve Ordinance No. 5, Series of 2021 upon second reading; Mason
seconded the motion passed (6-0).
8.3. Ordinance No. 6, Series of 2021, Second Reading, An Ordinance Conveying a
Certain Parcel of Land to the Colorado Department ("CDOT") of Transportation
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6,
Series of 2021 upon second reading
Background: The Town of Vail has approved the construction of the South Frontage Road
Roundabout Project which requires the Town to transfer a small parcel of Town property to CDOT
to accommodate the new roundabout within CDOT Right of Way
Town Council Meeting Minutes of April 6, 2021 Page 7
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of
2021.
Kassmel reviewed Ordinance No. 6, Series of 2021 with council stating there were no changes
since the first reading.
There was no public comment
Council had no questions.
Coggin made a motion to approve Ordinance No. 6, Series of 2021 upon second reading; Foley
seconded the motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the meeting;
Coggin seconded the motion which passed (6-0) and the meeting adjourned at 8:00 p.m.
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