HomeMy WebLinkAbout2021-06-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 15, 2021
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:
Members absent:
Staff members present
Citizen Participation
Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tern
Jenn Bruno
Travis Coggin
Kevin Foley
Brian Stockmar
Jen Mason
Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Caitlin Murray, BRAVO! Vail Executive Director was excited to announce the upcoming 2021
BRAVO! Vail Music Festival beginning June 24.
2. Federal Legislation Updates from Congressman Joe Neguse
Neguse thanked Vail for supporting the American Rescue Plan. He stated Congress was
focusing on the federal infrastructure Bill that would help make our economy more sustainable
and also create jobs. He commended the Town Council for its pandemic recovery work.
Council asked Neguse a few questions regarding the Infrastructure Bill; incentives to get people
back to work; wildlife overpass; and paying for all COVID related assistance. Additionally,
council thanked Neguse for his support of climate action initiatives.
3. Any action as a result of executive session
There was none.
4. Consent Agenda
4.1. May 4, 2021Town Council Meeting Minutes
Langmaid made a motion to approve the May 4, 2021 Town Council Meeting Minutes; Foley
seconded the motion passed 6-0
4.2. May 18, 2021 Town Council Meeting Minutes
Town Council Meeting Minutes of June 15, 2021
Page 1
Coggin made a motion to approve the May 18, 2021 town Council Meeting Minutes; Foley
seconded the motion passed 6-0.
4.3. Resolution No. 24, 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. 24,
Series of 2021.
Background: The Town wishes to purchase the Property pursuant to the terms of the Contract
to Buy and Sell Real Estate
Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 24, Series
of 2021.
Coggin made a motion to approve Resolution No. 24, Series of 2021; Bruno seconded the
motion passed 6-0
4.4. Resolution 26, Series 2021, A Resolution of the Vail Town Council Approving a
Personal Property Donation Agreement between the Town of Vail and the Town of Avon.
Action Requested of Council: Approve, approve with modifications, or deny Resolution 26,
Series 2021.
Background: The Town of Vail is the owner of personal property consisting of 2 passenger
buses currently owned by the Town. The Town now intends to donate the 2 passenger buses to
The Town of Avon.
Staff Recommendation: Approve, approve with modifications, or deny Resolution 26, Series
2021.
Langmaid made a motion to approve Resolution No. 26, Series of 2021; Coggin seconded the
motion passed 6-0
4.5. Contract with SE Group, (Booth Creek Forest Health and Fuels Project)
Presenter(s): Paul Cada, Wildland Program Manager, Kristen Bertuglia, Environmental
Sustainability Director
Action Requested of Council: Staff requests the Vail Town Council review the Professional
Services Agreement and provide direction to the Town Manager on the execution of the
contract.
Background: The Town of Vail has contracted with SE Group, Frisco, to support the National
Environmental Policy Act (NEPA) review for the Booth Creek Forest Health and Fuels Project
Environmental Assessment, for Phases 1 and 2. This contract is for Phase 3, which includes
additional field work, GIS, public scoping, and final study plan.
Town Council Meeting Minutes of June 15, 2021 Page 2
Staff Recommendation: Staff recommends the Vail Town Council direct the Town Manager to
enter into a Professional Services Agreement with SE Group in the amount of $76,250.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with SE
Group in an amount not to exceed $76,250; Foley seconded the motion passed 6-0.
5. Town Manager Report
Robson congratulated Kristen Bertuglia, Environmental Sustainability Director, for her reelection
to the Holy Cross Energy board of directors. He noted the Vail Child Care Center had hired an
interim director. He acknowledged Vail Valley Foundation for their great work in coordinating the
GoPro Mountain Games and thanked the Public Works Department for helping with renovation
of the Council Chambers. Lastly, Robson noted Eagle County would shift to Stage 1 fire
restrictions this week. He also indicated an internal task force had been formed to help
coordinate the roll out of a pilot program to minimize the impacts of loading and delivery in the
Village.
6. Presentations / Discussion
6.1. Presentation on the process to update the Commercial Linkage Fee, Mitigation
Rate and Methods of Mitigation and adopt Residential Linkage obligations for residential
development within the Town of Vail
Presenter(s): George Ruther, Housing Director; Andrew Knudsen, Principal, EPS; Rachel
Shindman, Senior Analyst, EPS
Action Requested of Council: No formal action is requested at this time. The Town Council is
being asked to engage in the presentation and discussions and provide policy direction as
necessary.
Background: The Vail Town Council instructed the Housing Department to take the steps
necessary to propose updated mitigation fees, mitigation rates, and methods of mitigation for
commercial development in the Town of Vail. These fees, rates and methods have not been
updated since adoption more than 10 years ago. The Town Council further requested the
Housing Department evaluate options for implementing residential linkage obligations for
residential development to either complement or replace current inclusionary zoning
requirements. This project has been undertaken with the input of the Vail Local Housing
Authority.
Staff Recommendation: As this is a presentation and discussion intended for information
sharing and education, neither the Housing Department staff nor the Vail Local Housing
Authority will be providing a recommendation at this time.
Ruther provided council with a brief background stating the mitigation rates, fees and methods
had not been updated in 10 years. The Housing Department was working on updating those
fees, rates and methods along with options for implementing residential linkage obligations for
residential development. Ruther stated Knudsen and Shindman would provide a high-level
presentation on the current work that had been completed on the updates to the residential
linkage program and fee -in -lieu. After the presentation council was asked key policy questions:
Town Council Meeting Minutes of June 15, 2021 Page 3
Mitiqation Rate: Mitiqation Methods:
Residential Incentives for those that best align with Town Goals
Commercial
Council acknowledged the studies presented by Shindman were not positive. Council would
like to keep the mitigation rate at 20% acknowledging the price was high but necessary. To
keep housing in Vail and not down valley and review the fees, rates and methods on an annual
basis.
6.2. Vail Oversize Vehicle Parking Update
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Review oversize vehicle parking options and provide direction to
staff.
Background: The Town of Vail is currently under construction with the Children's Garden
of Learning facility at the Lionshead oversize vehicle parking lot. This displaces 11 oversize
vehicle parking spaces to West Vail.
Staff has reviewed 10 additional alternatives and narrowed those down to 3 preferred options.
Staff Recommendation: Review options and provide direction to staff.
Kassmel explained the relocation of CGL had displaced the existing 11 oversize vehicle parking
spaces to West Vail. Kassmel stated he would present 3 preferred options based on input
received from staff, the Parking & Transportation Task Force, Planning and Environmental
Commission, and CDOT for council's consideration.
1) Solar Vail to Middle Creek Parking ($700k): Parallel parking along the North Frontage
Road between Solar Vail and Middle Creek;
2) Parking North of Vail Resorts Maintenance ($2M): New parking lot north of Vail Resorts
maintenance yard;
3) West Vail Parking Improvements ($750k-$2M): Improvements to the parallel parking that
exists west of the West Vail Fire Station
Council expressed interest in learning more about both the parking option north of the Vail
Resorts maintenance yard in CDOT right of way and the parking option west of the fire station in
West Vail.
7. Action Items
7.1. Permission to Proceed through the Development Review Process, Outdoor Dining
in Vail Village
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny a request for a blanket approval to proceed through the development review process for
outdoor dining for food and beverage establishments in Vail Village until April 30, 2022.
Town Council Meeting Minutes of June 15, 2021 Page 4
Background: The Town of Vail has a long standing policy that prior to proceeding through any
application (Plan ning/PW/Etc.) that involves town owned property, the applicant shall first
request from the TC, representing the owner, permission to proceed through the related
process. This is most common with planning applications, including use permits before the PEC
and design applications before the DRB. Outdoor dining in Vail Village is the most commonly
requested permission to proceed.
Staff Recommendation: The Town Council grant a blanket approval to proceed through the
development review process for outdoor dining for food and beverage establishments on town -
owned property in Vail Village until April 30, 2022.
Spence explained the Town had a long-standing policy that prior to proceeding through any
application that involved town -owned property, the applicant would first request from the council,
permission to proceed through the related process. Outdoor dining in Vail Village was the most
common requested permission to proceed. Spence stated for efficiency purposes staff was
asking council to consider a blanket approval to proceed for food and beverage establishments
in Vail Village to initiate or expand their outdoor dining on a permanent basis.
Stockmar made a motion to grant a blanket approval to proceed through the development
review process for outdoor dining for food and beverage establishments on town -owned
property in Vail Village until April 30, 2022; Langmaid seconded the motion passed 6-0.
7.2. Financing options for Residences at Main Vail Housing Project
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Provide staff direction on financing options and upfront costs.
Background: With public financing at record lows, Town Council will consider financing the
Residences at Main Vail. The new housing project would become a town owned and operated
development.
Staff Recommendation: Provide direction regarding financing options and upfront costs.
Ruther provided an overview of the multiple steps that have been taking place to construct 72
deed -restricted homes on the town -owned site with Triumph Development.
Halloran explained original discussions with Triumph included a deal structure with the town
maintaining ownership of the land and Triumph funding the construction, owning the
improvements and operating the rental housing project. During the negotiations concerns about
the cost of financing led the town's internal project committee to consider town -initiated
financing. There was a new development approach in which the town would finance
construction and retain annual rental income to cover annual debt payments. Triumph would
shift from a leasehold interest developer to a fee -based developer with a property manager role
via management agreement.
The following terms are estimates provided by Piper Sandler:
Town Council Meeting Minutes of June 15, 2021 Page 5
Term
Interest Rate
Average Annual
RMV Profit
Total Interest
Debt Service
(Loss)
Cost
20 year term
1.43%
$1.4M
81,437
$3.6M
25 year term
1.57%
$1.2M
308,248
$5.OM
30 year term
1.67%
$1.OM
453,889
$6.6M
The 20-year term had a lower interest rate and lower overall interest cost. Based on most recent
pro -forma estimates for the annual operations of Residences at Main Vail, annual debt service
was covered with approximately $81 K net income remaining. The 25-year term financing had a
slightly higher interest rate and would cost $1.4M in additional interest cost over the life of the
debt. Halloran explained the lower annual debt service allows for annual income estimated at
$308K. The 30-year term Town of Vail financing had the highest interest rate and would cost
$3.0 million in additional interest cost over the life of the debt.
Council was comfortable moving forward with the public financing and asked for additional
information about the terms.
7.3. Resolution 25, Series 2021, a Resolution Supporting Healthy Rives and
Watersheds through the Protection of Water Resources in the Eagle River Watershed and
Surrounding Areas, Maximizing the Aesthetic, Economic, Recreational, Environmental,
Human and Wildlife Benefits.
Presenter(s): Peter Wadden, Watershed Education Coordinator
Action Requested of Council: Approve, approve with modifications, or deny Resolution 25,
Series 2021.
Background: In light of ongoing drought conditions in Colorado, local town managers convened
to draft the attached resolution in support of healthy rivers and waterways. Adoption of the
resolution would be another step in the Vail Town Council's ongoing support of aquatic
environments and efforts to protect water quality and water quantity in Eagle County.
Staff Recommendation: Approve, approve with modifications, or deny Resolution 25, Series
2021.
Wadden reviewed Resolution No. 25, Series of 2021 with council explaining in light of ongoing
drought conditions in Colorado, local town managers convened to draft a resolution in support of
healthy rivers and waterways. Adoption of the resolution would be another step in the Vail Town
Council's ongoing support of aquatic environments and efforts to protect water quality and water
quantity in Eagle County.
Council thanked Wadden for his efforts.
Langmaid made a motion to approve Resolution No. 25, Series of 2021; Stockmar seconded
the motion passed 6-0.
7.4. Resolution No. 27, A Resolution Approving a Memorandum of Understanding
(MOU) Between the Town of Vail and the Local Government Members of the Climate
Action Collaborative for the Eagle County Community.
Town Council Meeting Minutes of June 15, 2021 Page 6
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Staff requests the Vail Town Council review and approve, approve
with modifications, or deny Resolution No. 27, Series of 2021.
Background: In 2017 the Town of Vail signed a Letter of Intent to join The Climate Action
Collaborative (CAC) of the Eagle County Community and financially contributes to the efforts
of this group each year. In order to effectively drive forward the adopted greenhouse gas
emissions goals of the Climate Action Plan, the local governments of the CAC are establishing a
governing board via a Memorandum of Understanding (MOU) (Exhibit A).
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 27,
Series of 2021.
Robson reviewed Resolution No. 27, Series of 2021 with council explaining the Climate Action
Collaborative of the Eagle County Community has worked to outline the organizational
components of the CAC and created a Memorandum of Understanding (MOU) establishing the
CAC and outlining the organizational components of the CAC.
Eagle County Commissioner Matt Scherr noted the local government entities who are
signatories to this MOU would establish "CAC Governing Board" comprised of all local
government entities situated within Eagle County. Additionally, all municipalities within Eagle
County, with the exception of Gypsum, had shown interest in pursuing this MOU and have been
a part of drafting the content.
Langmaid made a motion to approve Resolution No. 27, Series of 2021; Stockmar seconded
the motion passed 6-0
7.5. Ordinance No. 13, Series 2021, First Reading, An Ordinance Making 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. 13, Series
2021.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 13, Series 2021
Smith reviewed Ordinance No. 13, Series of 2021 with the council. Smith reminded council the
2021 budget was created around the town's "crisis" level recession plan which was first
implemented in May of 2020 due to the pandemic. Across all funds, this supplemental request
would adjust the budget to reflect $9,721,423 of additional revenue and proposes an increase of
$220,006 to expenditures. Smith reviewed all funds with council.
General Fund:
✓ Sales Tax revenues are forecasted to be $27.OM.
✓ Lift tax revenues are forecasted to be $5.1 M for 2021
✓ Total parking revenues are forecasted at $5.OM
Town Council Meeting Minutes of June 15, 2021 Page 7
Revenue adjustments to be offset by corresponding expenditures include:
• $2,653 of state funding to be used towards marijuana crime prosecution.
• $7,500 grant from the International Association of Fire Chiefs to be used to extend
seasonal staffing for the wildland program to support the town's chipping program.
• $11,833 use of Friends of the Library donations for the Library's Annual Community
Read initiative, yoga classes, oral history transcriptions, and an ad in CO Yoga+Life
Magazine.
Smith explained staff was requesting to increase budgeted expenditures by $321,300.
Capital Proiects Fund:
Budgeted revenue reflects an increase of $6,474,992.
Staff was requesting to supplement 2021 expenditures by a total of $596,670. This includes:
$460,000 in additional expenditures for the Children's' Garden of Learning approved by
Council on May 4th.
• $60,000 in additional expenditures for a new transit software approved by Council on
May 4th.
• $60,000 for 2021 software licensing expenditures as a result of some unanticipated
software expenditures.
• $5,670 to update the Community Development's permitting software to allow for the new
registration requirements passed by Ordinance No. 12, Series of 2020 requiring
contractors to qualify for specific types of permits based on certifications they hold.
Housinq Fund:
The supplemental reflected:
✓ the purchase and resale of two separate deed restricted housing units. The first includes
the purchase of the Chamonix Vail unit for $520,703.
✓ purchase and resale of the Vail Heights Unit. This unit was purchased by the town at a
cost of $410,162 and will be sold for $262,500. The remaining $147,662 (the town's
subsidy) will be funded with buy down funds.
Real Estate Transfer Tax (RETT):
Budgeted revenue will be adjusted by an increase of $93,700.
The Fire department was requesting to transfer $1,789 from the Environmental Departments'
Booth Creek project to the wildland department to be used for a fire hose replacement and $514
to the General Fund for fire department staffing for the Booth Creek burn. The proposed budget
adjustments will result in an estimated fund balance of $13.4 million by the end of 2021.
Marketinq Fund:
Staff proposed to increase budgeted revenue by a $40,000 transfer from the General Fund to
be offset by a $40,000 event contribution for Summervail
Heave Equipment Fund:
Staff was requesting $6,750 for annual Synexis system maintenance costs.
Dispatch Service Fund:
Staff was requesting $700 for annual Synexis system maintenance costs.
Based on updated revenue forecasts, staff is proposing to move into the "minor" phase of the
recession plan. Original budget was set at "crisis" level recession plan.
Town Council Meeting Minutes of June 15, 2021 Page 8
Foley made a motion to approve Ordinance No. 13, Series of 2021 upon first reading; Stockmar
seconded the motion passed 6-0
8. Public Hearings
8.1. Ordinance No. 12, Series of 2021, an Ordinance Amending the Approved
Development Plan for Phase III of Special Development District No. 6, Vail Village Inn, to
Allow for the Conversion of an Existing Commercial Unit at 68 Meadow Drive into
Residential Space.
Presenter(s): Erik Gates, Planner
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 12,
Series of 2021, upon first reading.
Background: An amendment to SDD #6, Vail Village Inn, proposes to convert an existing
commercial unit into residential space. According to the applicant, the space has been difficult to
lease due to low visibility from East Meadow Drive. The residential space will be added on to the
existing units above, so no new units are being created.
Staff Recommendation: The Planning and Environmental Commission recommends the Town
Council approve Ordinance No. 12, Series of 2021, upon first reading.
Gates presented the first reading of Ordinance No. 12, Series of 2021. The applicant, RAWAH
Partners LLC, represented by Mauriello Planning Group, was requesting a major amendment to
a Special Development District, pursuant to Section 12-9-A, Special Development (SDD)
District, Vail Town Code, in order to covert an existing commercial space into additional
residential space for the units above, located at 68 East Meadow Drive, Unit 603/ Vail Village
Filing 1, Lot O, Block 5D.
Dominic Mauriello representing the applicant reviewed a presentation with council that provided
several different ariel and street views of the space being discussed. Mauriello explained the
existing use of unit 603:
✓ Challenging retail space due to location
✓ Approximately 2,473 sq ft.
✓ Well off primary commercial corridor
✓ No visibility from E. Meadow Dr
✓ Tucked behind another building
✓ Space is very poorly located for a sales
Council asked about impact on surrounding commercial spaces. Mauriello did not feel there
would be a major impact since there was residential above most of the commercial spaces in
the village.
Council expressed concern about losing commercial area in the village and requested to review
policy and have a more in-depth conversation regarding policy prior to voting on Ordinance No.
12, Series of 2021.
Public comment was called.
Town Council Meeting Minutes of June 15, 2021 Page 9
Erich Schmidt, Fortius Capital Vail Commercial realtor for unit 603, typically didn't support losing
commercial space but he did support this ordinance due to lack of interest for this space in over
1.5 years. He did not see that changing due to the reasons Mauriello gave in his presentation.
Public comment was closed.
Council had no questions.
Bruno made a motion to table Ordinance No. 12, Series of 2021 to the July 20, 2021 Town
Council meeting and move to table the public hearing to the July 20t' meeting; Coggin 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 9:50
p. M.
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