HomeMy WebLinkAbout2021-12-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 7, 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: Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tern
Barry Davis
Kevin Foley
Jen Mason
Pete Seibert
Jonathan Staufer
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Stephen Connolly, Vail resident, requested council take the next steps to banning all plastic
bags town wide and to create an ordinance restricting vehicle idling. Additionally, he expressed
concerns regarding the .5% sales tax increase that was passed this past November by the Vail
voters. Connolly stated the tax increase should have been higher and more information about
how the money was going to be spent on housing.
Taylor Gardarian, Eagle County resident, spoke to council about the study of time and
requested council take an oath for that topic.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 10, Series of 2021, A Proclamation Declaring December 10, 2021
as "WhoVail Day"
Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences
Vail; Scott Gubrud, Director of Sales and Marketing; and Jonathan Reap, Director of Public
Relations and Communications Four Seasons Resort and Residences Vail; and the Grinch
Each council member took a turn reading Proclamation No. 10, Series of 2021 into the record
4. Appointments for Boards and Commissions
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4.1. Re- Appoint three members to the Commission on Special Events (CSE).
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to re- appoint three people to the CSE.
Coggin made a motion to extend the current members term until the end of March 2022; Foley
seconded the motion passed (7-0).
5. Consent Agenda
5.1. November 2, 2021 Town Council Meeting Minutes
Foley made a motion to approve the November 2, 2021 meeting minutes; Coggin seconded the
motion passed (4-0* new members were unable to vote on this item).
5.2. November 16, 2021 Town Council Meeting Minutes
Foley made a motion to approve the November 16, 2021 meeting minutes; Coggin seconded
the motion passed (4-0* new members were unable to vote on this item).
5.3. Resolution No. 53, Series 2021, A Resolution Approving a Water Service
Agreement Between the Town of Vail and the Eagle River Water and Sanitation District
(the "ERWSD")
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 53,
Series of 2021
Background: This IGA is necessary for the Residences of Main Vail development.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 53, Series
of 2021
Coggin made a motion to approve Resolution No. 53, Series of 2021; Foley seconded the
motion passed (7-0).
6. Town Manager Report
Robson thanked the transportation dept. for their assistance in transportation with the Birds of
Prey event and the Snow Days event. Robson reported staff had kicked off interviews for a
destination stewardship management firm that would assist with moving the destination
stewardship planning forward. Additionally, Robson stated the Economic and Planning Systems
(EPS) consulting team had made progress on the short-term rental study and staff would
provide an update at the next meeting. Robson clarified the town had remained highly
supportive of the CORE Act.
Staufer suggested council be presented with a new resolution supporting the CORE Act or
correspondence to congress outlining the town's support.
6.1. Public Health Updates
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Robson stated the Town would operate parallel with Eagle County health orders and that the
indoor mask mandate would stay in place for municipal public buildings.
7. Action Items
7.1. Municipal Judge Appointment
Action Requested of Council: Motion to appoint Buck Allen as Municipal Judge for Town of Vail.
Background: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge
every two years.
Foley made a motion to appoint Buck Allen to serve as municipal judge for the town's municipal
court; Seibert seconded the motion passed (7-0).
7.2. Booth Lake Trailhead Restroom Facility
Presenter(s): Gregg Barrie
Action Requested of Council: Review the information provided the memorandum and authorize
the Town Manager to enter into a contract with Green Flush Restrooms in an amount not to
exceed $166,000 to fabricate a restroom facility for the Booth Lake Trailhead.
Background: The Booth Lake Trail is the most heavily used trail in the Vail area. More than
35,000 hikers accessed the trail during 2021. A permanent restroom connected to public water
and sewer would improve cleanliness and guest experience. See the staff memorandum for
details. A 10% deposit will be paid to initiate design work on the order. Council will have the
option to pause or cancel the contract prior to actual construction of the restroom if desired,
paying only design costs incurred to that point.
Staff Recommendation: Authorize the Town Manager to enter into a contract with Green Flush
Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the Booth
Lake Trailhead.
Barrie spoke to council about approval for a prefabricated restroom facility at the Booth Lake
Trailhead. Information was presented to council for support of the $166,000 request. Barrie
noted in 2018 the town began placing portable toilets at all Wilderness Area trailheads between
May 15-Nov 15. Due to high usage of the Booth Lake Trail the three "port-o-lets" that were
placed at the Booth Lake trailhead have to be emptied twice a week. The proposed fabricated
restrooms would be connected to public electric, water and sewer service. The fabricated
restroom would be open on a seasonal basis. The project budget was currently $405,000 for the
purchase of the restroom structure and necessary site work. Barrie stated staff was supportive
of the purchase of a Green Flush two -unit facility based on proposed cost, their ability to provide
a facility with both a toilet and urinal in each room and the off -site construction that could begin
in March instead of May.
Council had no questions.
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Coggin made a motion to authorize the Town Manager to enter into an agreement with Green
Flush not to exceed $166,000; Davis seconded the motion passed (7-0).
7.3. Ordinance No. 24, Series of 2021, First Reading Amending Chapter 4 of Title 1 of
the Vail Town Code to Provide for an Administrative Penalty for the Late Filing of
Employee Housing Unit Annual Verification Affidavits
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 24,
Series of 2021, on first reading.
Background: Please refer to the staff memorandum and proposed ordinance for additional
details
Staff Recommendation: Approve Ordinance No. 24, Series of 2021 on first reading.
Ruther presented Ordinance No. 24, 2021 to council stating the purpose for the ordinance was
to create an administrative penalty of $250 for deed -restricted property owners that fail to meet
the deed restriction compliance annual deadline of February 1.
Coggin and Staufer expressed concern the $250 penalty fee was too low and should be
increased.
Coggin mad a motion to approve Ordinance No. 24, Series of 2021 upon first reading; Foley
seconded the motion passed (7-0).
7.4. Ordinance No. 25, Series 2021, First Reading Amending Title 12, Zoning
Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Amend Section
12-15-3: Definition, Calculation, and Exclusions, Vail Town Code, to all for Underground
Car Lifts to be Added and Exempted from GRFA Calculations
Presenter(s): Greg Roy, Planner
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 25,
Series of 2021, upon first reading.
Background: In summary, GRFA is meant to control the bulk and mass of a building as viewed
from the exterior of the property. The nature of underground car lifts means that they would not
add to the bulk and mass of the building as viewed from the exterior and should be exempted
from the GRFA calculations. The Planning and Environmental Commission held a public
hearing on the proposed prescribed regulation amendment on November 8, 2021 where a
recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0-1
(Gillette abstained).
Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 25, Series
of 2021, upon first reading.
Roy reviewed Ordnance No. 25, Series of 2021 with council stating the applicants, Mauriello
Planning Group and KH Webb Architects, were requesting approval for a prescribed regulation
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amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3
Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be
added and exempted from GRFA calculations. Roy explained the GRFA was meant to control
the bulk and mass of a building as viewed from the exterior of the property. The nature of
underground car lifts meant that they would not add to the bulk and mass of the building as
viewed from the exterior and should be exempted from the GRFA calculations.
Council had no questions
Coggin made a motion to approve Ordinance No. 25, Series of 2021 upon first reading; Mason
seconded the motion passed (7-0).
7.5. Ordinance No. 26, Series 2021, an Ordinance Amending Title 4, Chapter 3 of the
Vail Town Code to Codify the Imposition of a Voter -Approved Increase in the Town's
Existing Sales Tax, Effective January 1, 2022
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments the first reading of
Ordinance 26, Series 2021.
Background: Town of Vail voters approved a 0.5% increase in sales tax on all items, excluding
food for home consumption, effective Jan 1, 2022, and sunsetting on December 31, 2052. The
increase in sales tax is dedicated to funding housing initiatives, housing developments, and
housing programs. The purpose of Ordinance No. 26, Series 2021 is to amend Title 4, Chapter
3 to codify the new tax rate and exemption.
Staff Recommendation: Approve or approve with amendments the first reading of Ordinance 26,
Series 2021.
Halloran reviewed Ordinance No. 26, Series of 2021 with council explaining the ordinance was
necessary since the Vail voters approved a 0.5% increase in sales tax.
Council had no questions.
Coggin made a motion to approve Ordinance No. 26, Series of 2021 upon first reading; Mason
seconded the motion passed (7-0).
8. Public Hearings
8.1. Ordinance No. 23, Series 2021, Second reading, an Ordinance Providing for the
Levy Assessment and Collection of the Town Property Taxes Due for the 2021 Year and
Payable in the 2022 Fiscal Year
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series
2021.
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Background: The town is required by Colorado state law to certify the mill levy by December
15th of each year.
Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2021.
Smith reviewed Ordinance No. 23, Series of 2021 with council stating there had been a change
to the ordinance since the first reading on November 16. The ordinance had been updated to
reflect revised assessed valuations from the county. The valuations increased by 0.28% from
earlier estimates, or approximately $16,025 impact to the previous valuation. Smith reminded
council the town was required by Colorado state law to certify the mill levy be December 15 of
each year.
There was no public comment.
Council had no questions.
Foley made a motion to approve Ordinance No. 23, Series of 2021 upon second reading;
Staufer 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 7:20
p.m.
Attest:
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Respectfully SuMayor
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