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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. Attest: Ta y*lagel, Tow Jerk Respectfully Submitte - a haph', Mayof OF � C, �POF�A�E Town Council Meeting Minutes of July 20, 2021 T Page 6