HomeMy WebLinkAbout2021-07-20 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 20, 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:
Staff members present:
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
Josef Staufer, Vail resident, asked council to be good stewards of Vail and to remember the
mountain and alpine architect.
Tom Vucich, Vail resident, suggested any changes in the review process for the Residences at
Main Vail be an open and transparent process.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 6, Series 2021, Recognizing Randy Bell Milhoan and the
Summervail Art Workshop Legacy Project
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Approve Proclamation No. 6, Series 2021 Recognizing Randy Bell
Milhoan and the Summervail Art Workshop Legacy Project
Council members took turns reading Proclamation No. 6, Series of 2021 into the record.
4. Appointments for Boards and Commissions
4.1. Design and Review Board (DRB) Appointments
Presenter(s): Dave Chapin
Town Council Meeting Minutes of July 20, 2021 Page 1
Action Requested of Council: Motion to appoint one member to service on the DRB for a two-
year term ending March 31, 2022
Langmaid made a motion to appoint Kathryn Middleton to serve a partial term on the DRB;
Foley seconded the motion passed (7-0).
5. Consent Agenda
5.1. June 1, 2021 Meeting Minutes
Foley made a motion to approve the June 1, 2021 Town Council meeting minutes; Langmaid
seconded the motion passed (7-0).
5.2. June 15, 2021 Meeting Minutes
Foley made a motion to approve the June 15, 2021 Town Council meeting minutes; Langmaid
seconded the motion passed (6-0* Mason recused due to being absent at the June 15 meeting).
5.3. Resolution No. 32, Series of 2021 A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County Clerk and Recorder Concerning a
Coordinated Election on November 2, 2021
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 1
Series of 2021
Background: The Town of Vail wishes to enter into an Intergovernmental Agreement with Eagle
County Clerk and Recorder for the purpose of conducting a coordinated election on November
2, 2021.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 1 Series of
2021
Langmaid made a motion to approve Resolution No. 32, Series of 2021; Stockmar seconded
the motion passed (7-0).
5.4. Contract with 360 Paving LLC (complete Lionsridge Loop Drainage Improvements)
Action Requested of Council: Authorize the Town Manager to enter into an agreement with 360
Paving LLC to complete the Lionsridge Loop Drainage Improvements Project.
Background: Staff received 3 bids for the Lionsridge Loop Drainage Improvements Project from
360 Paving, Icon, Inc and United Companies. The project is budgeted with the Capital Street
Maintenance budget and is within the engineer's estimate. Project includes drainage
improvements to minimize ice buildup at the bus stop located at Lionsridge Loop and the S.
Frontage Rd. and asphalt resurfacing of Lionsridge Loop from the S. Frontage Rd. to Vail View
Dr. The project is scheduled to be completed by September 24, 2021.
Town Council Meeting Minutes of July 20, 2021 Page 2
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with 360 Paving LLC to complete the Lionsridge Loop Drainage
Improvements Project in the amount not to exceed $150,250.00.
Coggin made a motion to authorize the Town Manager to enter into an agreement with 360
Paving LLC in an amount not to exceed $150,250.00; Mason seconded the motion passed (7-
0).
6. Town Manager Report
Robson shared with council that progress was being made by partner municipalities on regional
transit optimization to contemplate a regional transit authority. Several pilot projects would take
place this winter for faster, efficient service. Additionally, Robson encouraged Vail registered
voters to take part in a community opinion survey on potential ballot measures for the Nov. 2
election on the topics of housing and marketing.
7. Action Items
7.1. Request for an Easement on Town of Vail Stream Tract - Sonnenalp Properties
Presenter(s): Erik Gates, Planner and Tom Kassmel, Town Engineer
Action Requested of Council: The Community Development Department requests that the Town
Council evaluate the proposal to enter into an easement agreement allowing the usage of Town
of Vail property and Stream Tract for a grease interceptor servicing the Sonnenalp lower
kitchen.
Background: During the renovation of the Sonnenalp lower -level kitchen, it was discovered that
a grease interceptor had never been installed for this kitchen. The applicant designed and
installed a new grease interceptor on the south side of the building that was mistakenly believed
to be entirely within the Sonnenalp property. This was done without receiving a building permit
for the improvement. It has since been confirmed that this grease interceptor was installed
partially on Town of Vail Stream Tract property.
Staff Recommendation: The Community Development and Public Works Departments
recommend that the Town Council deny this easement request. Should the Vail Town Council
choose to deny this request, Staff would also recommend that the Town Council request a date
of the applicant to have the grease interceptor removed from Town property.
Gates provided council with a quick description of Sonnenalp Properties request stating the
owner of the Sonnenalp, was requesting an easement for use of Town of Vail Stream Tract
property for a grease interceptor that was installed prior to receiving a building permit. The
applicant requested permission to enter into an easement agreement with the Town of Vail for
the improvement and permanent use of Town of Vail property. During the renovation of the
lower -level kitchen, it was discovered that a grease interceptor had never been installed for this
kitchen. In an effort to correct the issue, the applicant designed and installed a new grease
interceptor on the south side of the building that was mistakenly believed to be entirely within
the Sonnenalp property. This was done without receiving a building permit for the improvement.
Following the installation of this grease interceptor, Eagle River Water and Sanitation
District contacted Town Staff to inform us that the interceptor appeared to be very
Town Council Meeting Minutes of July 20, 2021 Page 3
close, if not inside, the Stream Tract.
Johannes Faessler, Sonnenalp Properties owner, stated the grease interceptor was built in
good faith based on earlier survey markers which were 2 feet off.
Coggin asked if a land swap would be appropriate.
Bruno acknowledged the stream tract was important to maintain but asked if the grease
interceptor could stay where it is currently located until the end of the season to be less
impactful to the business.
Langmaid would like to see it be relocated in late fall.
Kassmel recommended October 31 st as a deadline to relocate the grease interceptor.
There was no public comment.
Matt Mire, Town Attorney, stated the land swap would be difficult, but suggested an easement
and revocable license would be the correct way to move forward.
Chapin felt a land swap was setting a dangerous precedence.
Bruno made a motion to enter into an easement and revocable license agreement; Foley
seconded the motion passed (5-2 Coggin and Stockmar opposed)
7.2. Ordinance No. 15, Series 2021, an Emergency Ordinance suspending new
registrations for certain short-term rentals in the Town of Vail through
October 19, 2021.
Presenter(s): Scott Robson, Town Manager; Matt Gennett, Community Development Director
and Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Ordinance No. 15, Series 2021.
Background: Please see attached memorandum and attachments.
Staff Recommendation: Approve, amend or deny Ordinance No. 15, Series 2021
Robson presented an overview of emergency Ordinance No. 15, Series of 2021 stating the
ordinance would be a 90-day "time-out" in outlying neighborhoods while excluding the
commercial core areas, which would allow for a comprehensive study on the matter.
Public comment was called.
Bart Cumo, property manager, stated suspending STR would not solve local housing crisis.
Gregory Strong, owner of Vail Property Brokerage, stated he supports an impact study, but felt
a suspension would be a bad idea for Vail's brand and reputation.
Town Council Meeting Minutes of July 20, 2021 Page 4
Mary Galloway, a long-time property owner, stated a suspension on new STR registrations
would be a regulatory taking. She also felt it would be unfair to exempt some properties.
Crissy Rumford, a local real estate broker, stated there are 68 active or pending property listings
in the zone that would be impacted by a suspension which would be unfair. Additionally, she
questioned if this was interfering with property owners' rights.
Alex Brown, an Intermountain resident, stated his family had been able to afford to live in Vail as
a result of income from STR.
DeDe Dickinson, realtor of Vail Valley, suggested a tiered approach to increase the registration
fee for STRs and to grandfather current STRs.
Tiffany McCracken, local realtor, felt property rights would be violated by a suspension on
STRs. She supported a review of increasing registration fees and to conduct a study without a
suspension
Bentley Biggar suggested moving forward with a study on the impacts of STRs without a
suspension.
William Francis, New York resident currently under contract to buy on a home in East Vail to
use as a STR, explaining how a suspension would impact his purchase intentions and
requested council not suspend STRs and to be cautious.
Public comment was closed.
Langmaid didn't want to penalize properties that are currently under contract asked if there was
a way to exclude those properties.
Mire stated the town could exempt properties that provide appropriate paperwork.
Bruno suggested it might be more appropriate to act on the study as soon as possible without
any suspension at this time.
Stockmar suggested it would be reasonable to take the 90-day time out on new registrations.
Chapin stated long-term rentals and long-term residents had been lost to STR based on
observations from his neighborhood. He stated a suspension was not a taking. He suggested the
town re-evaluate STR policies on an annual basis.
Mason stated the registration fee needed to be increased and changes needed to occur in the
next 90 days.
Coggin shared he occasionally short-term rented his condo and stated a study should result in
an economically driven outcome. He didn't support a suspension.
Foley stated he would not support the suspension.
Town Council Meeting Minutes of July 20, 2021 Page 5
Langmaid made a motion to adopt the emergency ordinance with additional exemptions of
primary residences and all properties currently under fully executed real estate contracts;
Stockmar seconded the motion failed (2-5"Chapin, Bruno, Mason, Coggin and Foley opposed).
8. Public Hearings
8.1. Ordinance No. 14, Series 2021, Second reading, An Ordinance Authorizing the
Transfer of Certain Property in the Town's Right -of -Way for West Forest Road in the
Exchange for Alternate Property, and Approving the Associated Exchange Agreement, all
to Accommodate Construction of Two Residences at 816 West Forest Road
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 14,
Series 2021 upon second reading.
Background: The Developer at 816 and 826 West Forest Road has requested a land swap
between the Town of Vail's West Forest Road Right of Way and a portion of 816 and 826 West
Forest Road property. The land swap would allow the developer to more easily access their
property at 816 and 826 West Forest Road, an extremely steep lot with limited access
opportunities.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 14, Series
2021 upon second reading
Kassmel reviewed Ordinance No. 14, Series of 2021 with council stating there were no changes
since the first reading.
Coggin made a motion to approve Ordinance No. 14, Series of 2021 upon second reading;
Bruno seconded the motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 8:21
p.m.
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Town Council Meeting Minutes of July 20, 2021 T Page 6