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HomeMy WebLinkAbout2021-08-17 Town Council MinutesVail Town Council Meeting Minutes Tuesday, August 17, 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: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem 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 Tammy Nagel, Town Clerk 1. Virtual Meeting with Japan Officials 1.1. Virtual Meeting with Japan Officials (Global Friendship Exchange Program) Governor Shuichi Abe, Nagano Prefecture, Japan Consul General Midori Takeuchi and Mayor Yoshitaka Takefushi, and Yamanouchi-machi officials Presenter(s): Dave Chapin, Mayor, Scott Robson, Town Manager, Patty McKenny, Assistant Town Manager, Mia Vlaar, Economic Development Director, Souichi Nakamura, representing Japan with the Global Friendship Exchange Program Action Requested of Council: Informational only. Background: The virtual meeting offers a restart to the Global Friendship Exchange Program and the Town of Vail's relationship with Yamanouchi-machi Japan. Several topics will be presented addressing education student exchange, the public health crisis, and the town's efforts towards environmental and tourism sustainability, Destination Stewardship Plan. Chapin welcomed Abe and Takeuchi and the Yamanouchi-machi officials and thanked them for joining the meeting virtually. Vlaar provided a presentation discussing the history between the sister cities, future educational student exchanges, COVID19 public health responses and destination stewardship plan. 2. Citizen Participation Kaye Ferry, Vail resident, expressed her concerns regarding Vail Recreation District employees driving on Vail Valley Drive in golf carts and work carts rather than using the golf paths. Ferry requested traffic enforcement on Vail Valley Drive. Town Council Meeting Minutes of August 17, 2021 Page 1 3. Any action as a result of executive session There was none. 4. Appointments for Boards and Commissions 4.1. Art in Public Places (AIPP) Board Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one person to the AIPP Board for a partial term ending March 31, 2022. Langmaid made a motion to appoint Lindsea Stowe to serve a partial term on the AIPP board; Coggin seconded the motion passed (7-0). 5. Consent Agenda 5.1. July 6 2021 Town Council Meeting Minutes Foley made a motion to approve the July 6, 2021 Town Council meeting minutes; Coggin seconded the motion passed (7-0). 5.2. July 20 2021 Town Council Meeting Minutes Foley made a motion to approve the July 20, 2021 Town Council meeting minutes; Coggin seconded the motion passed (7-0). 5.3. Letter of Support for Vail Health's proposed Edwards Northstar Center PUD Amendment application Background: On July 6, the Vail Town Council was provided an update from Chris Lindley and Craig Cohn on Vail Health's proposed Edwards Northstar Center PUD Amendment application. Council was requested to send a letter supporting the application to the Eagle County Commissioners. Staff Recommendation: Approve, approve with amendments or deny the letter of support. Langmaid made a motion to approve and send the letter of support of Vail Health's proposed Edwards Northstar Center PUD amendment application; Stockmar seconded the motion passed (7-0). 5.4. Resolution No. 35, Series of 2021, a resolution adopting the Colorado Communities for Climate Action Policy Statement for 2021-2022 and setting forth details in regard thereto. Background: The Town of Vail is an active member of the Colorado Communities for Climate Action, advocating for state and federal policy for climate solutions. All member communities adopt the policy statement each year. Town Council Meeting Minutes of August 17, 2021 Page 2 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 35, Series of 2021. Langmaid made a motion to approve Resolution No. 35, Series of 2021; Stockmar seconded the motion passed (7-0). 5.5. Resolution No. 38, Series of 2021, A Resolution Approving a Professional Services Agreement Between the Town of Vail and Triumph Development West LLC Background: The Town of Vail and Triumph Development wish to enter into a Professional Services Agreement (the "PSA") concerning certain work to be performed by Triumph Development relating to the project known as Residences at Main Vail. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 38, Series of 2021 Coggin made a motion to approve Resolution No. 35, Series of 2021 authorizing the Town Manager to enter into an agreement with Triumph Development West LLC in an amount not to exceed $608,148.50; Bruno seconded the motion passed (5-1*Stockmar abstained) Chapin asked the Town Attorney to affirm that pursuant to the Vail Town Charter Section 4.7 "Any member refusing to vote shall be deemed delinquent in his/her duties and an affirmative vote shall be cast and recorded in his/her name." Mire stated Stockmar's vote would be recorded affirmative per the Charter. Stockmar made a motion to reconsider Resolution No. 38, Series of 2021; Foley seconded the motion passed (7-0). Coggin made a motion to approve Resolution No. 35, Series of 2021 authorizing the Town Manager to enter into an agreement with Triumph Development West LLC in an amount not to exceed $608,148.50; Bruno seconded the motion passed (6-1*Stockmar opposed) 6. Town Manager Report 6.1. Bicycle/Pedestrian Safety Update Robson shared with council that a dismount zone was being implemented on Bridge Street and Gore Creek Drive in Vail Village effectively immediately due to the volume of bikes and conflicts with pedestrian travel. All council members were in support of the implementation. 6.2. Update on Residence Main Vail Project Schedule (for work done August 16 and November 2, 2021) Robson stated the entitlement and design process of the project costed the town approximately $668,0000; which he was glad to announce was $22,000 under budget. Demolition, site work and shoring would begin Oct. 11. Construction would be suspended during winter season and the second phase would begin March 72 units ready for occupancy by spring of 2023. Teachers and parents were excited the new, temporary home for Children's Garden of Learning would be ready for occupancy by Oct. 5. Town Council Meeting Minutes of August 17, 2021 Page 3 6.3. Update on meeting with U.S. Senator Michael Bennet Robson noted he and Mayor Pro-Tem met with Sen. Michael Bennet this afternoon to discuss provisions of the SHRED Act that would allow national forests to retain fees generated by ski areas to support local recreation needs. 7. Action Items 7.1. Resolution No. 36, Series 2021, A Resolution of the Vail Town Council submitting a ballot issue to the registered electors of the Town at the Town's Regular Election on November 2, 2021 Presenter(s): Scott Robson, Town Manager, David Flaherty, Magellan Strategies and David Cunningham, Summit Information Services Action Requested of Council: Review resolution outlining ballot question and make determination about submitting the question to the Vail voters in the upcoming November 2 election. Background: Town Council will consider the resolution addressing a ballot question for increasing the town's existing sales tax by .05% (from 4.0% to 4.5%), to take effect on January 1, 2022; except that food for home consumption shall be exempt from such tax increase; with the revenues from such tax increase to be used to fund housing initiatives, housing developments and housing programs and related activities inside and outside the town. Robson began the discussion noting there were 3 possible November 2, 2021 ballot questions being posed for consideration: 1. A half -cent sales tax for a dedicated housing source 2. A new 1.6% lodging tax to fund housing 3. A 2.2% increase in the promotion and marketing tax to fund marketing and events. A short-term rental study would be coming out later this fall or early winter that he thought would demonstrate possible fee changes. Those fee increase would also be applied to the housing fund. Foley suggested withdrawing Resolution No. 37, Series of 2021 since there was a lack of support from the lodging community. All council members agreed. Flaherty reviewed Resolution No. 36, Series of 2021 with council stating 57% of Vail voters supported an increase to the sales tax of .05% that would apply to both residents and guests when purchasing goods and services in Vail. Per $100 purchase, this incremental tax increase would cost guests and residents 50 cents. Food for home consumption would be exempt. Robson committed to having outreach meetings with citizens prior to the November 2 election to educate and answer questions around what the short-term housing priorities and needs are such as the redevelopment of Timber Ridge, the Vail InDeed Program, CDOT parcels etc. The longer term is planning efforts on Land Use Plan on where long-term housing projects could go. Flaherty shared the voter opinion poll showed slightly less support for a proposed 2.2% increase in the promotion and marketing tax to fund a year-round marketing effort and special events. The newly proposed lodging tax would levy 1.6% of the total purchase price paid and Town Council Meeting Minutes of August 17, 2021 Page 4 impacts overnight guests staying in Vail's lodging. It was estimated that a 1.6% new lodging tax would generate $4.5 million per year. For a room night cost of $500, this would increase the price paid by $8. Flaherty noted a significant disadvantage of moving forward with this ballot measure was that questions were not included as part of the online voter opinion survey of and there was no knowledge of what level of support the question would get. Robson stated the intention of the 2.2% promotion and marketing tax would focus on quality not quantity and provide a long-term competitive advantage for Vail. It was not about bringing more people into the valley but more about doing it right with the right size and right fit. Coggin was in support of raising tax for a reason and housing was the specific purpose. He was not supportive of the 2.2% tax due to the lack of support in the polls. Bruno agreed with Coggin and would like to focus working on the housing issues at this time. Chapin shared he had not heard any support from the public for the 2.2% tax increase. He knows marketing needs are there, but it was not the appropriate time to bring this tax increase to the voters. Stockmar agreed with Chapin. Langmaid noted marketing was not just for attracting guests but also targeting messages of how we want people to act when they are here. She too agrees the marketing tax should come back at a different election. She supported the .05% sales tax. Mason was not in favor of the marketing tax but was supportive of the sales tax to go towards a sustainable housing fund. Foley agreed with everyone's statement but would like to look at the wording for the marketing fund and where funds can be applied. Public comment was called. Kaye Ferry, Vail resident, would like to see the wording ensures the tax is used for Vail employees, a sunset date and use wording for what it going to be used exactly for. Mire explained the deed restriction the town puts on an employee housing structure could dictate what type of employees live within the buildings. Bob Armour, Vail resident, asked if the new sales tax being proposed would free up dollars to put back in the general fund. He felt the Vail voters would like that. Steve Lindstrom, chair of the Vail Local Housing Authority, stated he was in support for the half - cent sales tax ballot question for housing. Public comment was closed. Council discussed the difference of a 5-year sunset compared to a 30-year sunset. Town Council Meeting Minutes of August 17, 2021 Page 5 Bruno made a motion to approve Resolution No. 36, Series of 2021 with the addition of a 30- year sunset date effective January 1, 2022; Coggin seconded the motion passed (7-0). 7.2. Resolution No. 37, Series of 2021, A Resolution of the Vail Town Council submitting a ballot issue to the registered electors of the Town at the Town's Regular Election on November 2, 2021 Presenter(s): Scott Robson, Town Manager, David Flaherty, Magellan Strategies and David Cunningham, Summit Information Services Action Requested of Council: Review resolution outlining ballot question and make determination about submitting the question to the Vail voters in the upcoming November 2 election. Background: Town Council will consider the resolution addressing a ballot question for imposing a new tax, that would levy a new lodging tax of 1.6% of the total purchase price paid, charged or received for any hotel room, motel room, lodging room, lodging house room, motor hotel room, guest house room, guest ranch room, trailer coach, mobile home, auto camp, short-term rental, or other similar temporary accommodation of less than 30 consecutive days within the town, with the revenues from such tax increase to be used to fund housing initiatives, housing developments and housing programs and related activities inside and outside the town. "During the discussion of Resolution No. 36, Series of 2021; Foley suggested withdrawing Resolution No. 37, Series of 2021. All council members agreed. 8. Public Hearings 8.1. Ordinance No. 16, Series of 2021 - An Ordinance Approving Amendments to Special Development District No. 43, Highline Double Tree Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2021, upon first reading. Background: The PEC heard an application for a minor subdivision on the Highline Double Tree property on March 8th of 2020 and approved the plat. That plat, however, was not recorded and an adjustment to the lot line was needed. For this reason, a subsequent minor subdivision application was received. At the July 26th PEC meeting the conditional use permit for the commercial spaces was approved as well as the latest minor subdivision application. The PEC also recommended approval of the SDD amendment with a vote of 4-2 (Perez and Pratt opposed). The opposed commissioners were concerned with the extended approval timeline. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2021, upon first reading. Roy quickly reviewed Ordinance No. 16, Series of 2021 with council stating the applicant, TNFREF III Bravo Vail LLC, was requesting approval for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and Town Council Meeting Minutes of August 17, 2021 Page 6 request an extension to the approval period. The first change would be to create a phasing plan. Initially the development was to be done at one time and the applicant now wishes to develop the property in two phases. The second change was to amend the original conditions of approval. Some have been completed, and others are no longer relevant. The third change was to extend the approval period. The standard approval period was three years from approval of the SDD. Council had no questions. There was no public comment. Coggin made a motion to approve Ordinance No. 16, Series of 2021 upon first reading; Bruno seconded the motion passed (7-0). 8.2. Ordinance No. 17, Series of 2021 - An Ordinance Rezoning Vail Village Filing 1, Block 5, Lots 1-6 from High Density Multiple -Family (HDMF) to the Vail Village Townhouse (VVT) District Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon first reading. Background: On August 21, 2012 the Vail Town council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village Townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council. At first it was a private property owner -initiated application and later, as a Community Development staff led effort. In 2014 the Vail Rowhouses 7-13 and Texas Townhomes went through the rezoning process to change the zoning on their lots from HDMF to the VVT district. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon first reading. Roy quickly reviewed Ordinance No. 17, Series of 2021 with council. The applicant, Vail Townhouse Condominium Association, was requesting approval of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive, which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from High Density Multiple -Family (HDMF) District to the Vail Village Townhouse (VVT) District. This area was originally annexed into the Town of Vail as part of a court order in 1963. This was followed by the parcel being zoned High Density Multiple -Family as part of Ordinance 8, Series of 1973. Since this property had been in the HDMF district there had been six variances that had been granted to the units located on these lots. The variances largely relate to the setbacks and the difficulty the individual lots had with meeting side setbacks in this district and unit configuration Council had no questions. There was no public comment. Town Council Meeting Minutes of August 17, 2021 Page 7 Bruno made a motion to approve Ordinance No. 17, Series of 2021 upon first reading; Stockmar seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 8:38 p.m. ctfullw i Attest: ave Chap%` , May mmy Na el, Toyvn Cie / V� �J Town Council Meeting Minutes of August 17, 2021 Page 8