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HomeMy WebLinkAbout2021-12-21 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 21, 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 There was none. 2. Recognition 2.1. Promotion of Justin Liffick to Vail Police Commander Presenter(s): Scott Robson, Town Manager, Dwight Henninger, Chief of Police Henninger introduced Vail Police Commander Justin Liffick to council. Henninger explained that Liffick would be filling Craig Bettis's position since he retired earlier in December. 3. Any action as a result of executive session There was none. 4. Appointments for Boards and Commissions 4.1. Appoint one Member to the Building and Fire Codes Appeals Board (B&FCA) Presenter(s): Kim Langmaid, Mayor Action Requested of Council: Motion to appoint one person to serve as an alternate member on the Building & Fire Code Appeals Board for a partial term ending March 31, 2024. Coggin made a motion to appoint Brandon Chalk to serve a partial term on the Building and Fire Codes Appeal; Mason seconded the motion passed (7-0). Town Council Meeting Minutes of December 21, 2021 Page 1 4.2. Appoint one member to the Planning and Environmental Commission (PEC) Presenter(s): Kim Langmaid, Mayor Action Requested of Council: Motion to appoint one person to the PEC for a partial term ending March 31, 2022. Coggin made a motion to appoint Jenn Bruno to serve a partial term on the Planning and Environmental Commission; Davis seconded the motion passed (7-0). 5. Consent Agenda 5.1. Resolution No. 54, Series of 2021, A Resolution Approving a Sixth Amendment to Agreement Between the Eagle County Housing and Development Authority and the Town of Vail Action Requested of Council: Approve, approve with amendments or deny Resolution No. 54, Series of 2021 Background: The Eagle County Housing and Development Authority (the"ECHDA") and the Town entered into an agreement dated the 31 st day of May 2016, for certain Services. The Original Agreement contemplated that the ECHDA would perform certain Services for the Town with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales that the ECHDA completes. ECHDA and Town desire to modify the scope of Services and compensation for 2022. Foley made a motion to approve Resolution No. 54, Series of 2021; Staufer seconded the motion passed (7-0). 5.2. Resolution No. 56, Series of 2021, A Resolution Approving a Trench, Conduit, and Vault Agreement and an Underground Right -of -Way Easement with Holy Cross Energy Action Requested of Council: Approve, approve with amendments or deny Resolution No. 56, Series of 2021 Background: The agreement and easement are necessary to move forward with the West Lionshead Boiler Transformer project. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 56, Series of 2021 Coggin made a motion to approve Resolution No. 56, Series of 2021; Mason seconded the motion passed (7-0). 5.3. Resolution No. 57, Series of 2021, A Resolution Approving a Lease Agreement Between the Town of Vail and La Cantina @Vail, LLC Action Requested of Council: Approve, approve with amendments or deny Resolution No. 57, Series of 2021 Town Council Meeting Minutes of December 21, 2021 Page 2 Background: On December 31, 2011, the Town of Vail and La Cantina @Vail, LLC entered into a lease agreement whereby the Town leased to La Cantina @Vail, LLC the property within the village parking structure for use as a restaurant, which lease has expired. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 57, Series of 2021 Mason made a motion to approve Resolution No. 57, Series of 2021; Foley seconded the motion passed (7-0). 5.4. 2022 Vail Daily Professional Service Contract Award Action Requested of Council: Authorize the Town Manager to enter into the Professional Service Agreement with Swift LLC/Ogden Newspapers Inc. in a form approved by the Town Attorney not to exceed $90,000. Background: The Town of Vail 2022 operating budget provides for print and digital advertising in publications produced by Swift LLC/Ogden Newspapers Inc. (Vail Daily) across all departments. The budgeting process provides the foundation to establish advertising rates for 2022 as described in a partnership agreement with Swift LLC/Ogden Newspapers Inc. The agreement is for up to $90,000 to be spent across all departments which is nearly 50% off community rates. In accordance with town policy, the Town Council must authorize the Town Manager or its designee to enter into agreements above $50,000. Davis made a motion to authorize the Town Manager to enter into an agreement with Swift LLC/Ogden Newspapers Inc not to exceed $90,000; Mason seconded the motion passed (7-0). 6. Presentations / Discussion 6.1. Civic Area Plan - Next Steps Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: No formal action requested. Background: On November 5, 2019, Council approved Resolution No. 41, Series of 2019, A Resolution of the Vail Town Council Adopting the 2018/2019 Town of Vail Civic Area Plan. On February 4, 2020, staff provided a memo and presentation on next steps towards implementation. Shortly thereafter, Civic Area Plan implementation efforts were paused due to the COVID-19 pandemic and the resultant crisis level budget. Staff Recommendation: Staff recommends Council review the staff memo and presentation and provide feedback. Gennett reviewed the next steps for implementation of the Civic Area Plan that was adopted on November 5, 2019. The Plan included key themes: • Better mobility • A multi -purpose community center • A new and improved Dobson Ice Arena Town Council Meeting Minutes of December 21, 2021 Page 3 • Additional community meeting and recreation spaces • Potential for a second sheet of ice • Enhanced public and natural spaces • Recognition of the library as a valued community asset with expansion potential On February 4, 2021 council directed staff to engage ULI (Urban Land Institute) and economic consultants to provide an industry -expert level analysis of the overall feasibility of the plan. Since that time, Gennett stated staff had been contacted by people in the development industry expressing interest in the possibility of partnering with the Town to achieve the Plan's vision. This had led to consideration of an alternative approach to taking the next steps toward implementation. Gennett suggested initiating a Request for Qualifications process to discover the types of ideas and expertise the right development team can offer the town. Andrew Knutdsen, Economic and Planning Systems, reviewed the estimates from 2019 for the different components on the Plan that ranged from a $3M community space to a $55M multipurpose event facility. Knutdsen spoke to council about the 13 different types of revenue sources. Initiating a RFQ would help decide on the type of funding that would be recommended to the council. Knutdsen stated he thought Vail was in a good position to drive the parameters around this type of development. Gennett stated as staff drafted the RFQ there were other things to do such as undertaking the engineering and architectural analyses of the existing condition of Dobson Ice Arena from structure to looking at the systems that are needed to operate an ice arena. Coggin inquired when council would get the study on Dobson prior to issuing the RFQ. Gennett stated council would get a study prior to the RFQ being completed or if council thought it was time to replace a 40-year-old building. Hall felt an expert on arenas would help in determining what would be salvageable of Dobson and what would need to be scrapped. Langmaid confirmed Children's Garden of Learning was being considered during the planning. Gennett confirmed. Staufer asked about the 2019 financial numbers and what the costs would be today. Knutdsen stated they would come back to council with that information, but the costs have gone up. Council was comfortable with moving forward with an RFQ process for implementation of the Civic Area Plan. 6.2. West Vail Master Plan - Phase 1 Implementation Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: No formal action requested. Background: The West Vail Master Plan was adopted by Council via Resolution No. 50, Series of 2021, on November 2, 2021, after thorough public engagement and review process. Town Council Meeting Minutes of December 21, 2021 Page 4 Staff Recommendation: Staff asks Council to review the presentation and provide direction on implementation of Phase 1 of the West Vail Master Plan. Gennett reviewed Phase I Housing Implantation of the West Vail Master Plan and possible changes to Town Code Chapter 3, Housing, that outlined numerous recommendations for zoning changes, land use code changes, and new policies and programs as they relate to housing. Gennett felt that since most of the recommendations in Chapter 3 were regulation -based and did not require capital investment, implementation could begin right away with the Planning and Environmental Commission (PEC) and the Town Council. Alternatively, the PEC could submit the code recommendations first, which Gennett felt were less controversial and had more minor effects on development and aesthetics in the neighborhoods than the zoning changes. Gennett pointed pout this could build momentum and support for the Zone District Recommendations to come as a second package for adoption. Seibert felt the recommended approach was the best way to move forward. Zoning needed to be placed to preserve the density that were allowed in that area. The town code changes would make it feasible. He felt it made most sense to have it as a package. All council members agreed with the recommended approach. 7. Town Manager Report 7.1. Public Health Updates Robson provided a brief update on the latest public health updates. COVID-19 infection rates throughout Eagle County were up by about a 250% increase which was a new high for the county. Vail Health were at a stress point. Measures are being taken to assist with free testing and vaccination sites within town. An Eagle County Public Health Order was anticipated later in the week enacting a countywide indoor mask mandate. Town of Vail operations were scaling back to remote work for non -essential workers through January 3. 7.2. Early Season Activations (Brief Recap) Robson stated early season event activations would be evaluated to assess effectiveness in meeting town goals. Snow Days and Powabunga would be part of that evaluation. 8. Action Items 8.1. At the request of the Vail Town Council, a letter expressing support for the Colorado Outdoor Recreation and Economy (CORE) Act, protecting over 400,000 acres of public land in Colorado. Presenter(s): Scott Robson, Town Manager, Kristen Bertuglia, Environmental Sustainability Director, Mark Novak, Fire Chief Background: The Vail Town Council has requested staff bring forward a letter of support for the CORE Act, reiterating support expressed in 2010, 2014 and 2019. The CORE Act will add new wilderness areas to the north of the Town of Vail, recreation and wildlife conservation areas, and the Camp Hale historic landscape designation. Town Council Meeting Minutes of December 21, 2021 Page 5 Staff Recommendation: Staff recommends the Vail Town Council direct staff to forward the letter of support to Colorado Congressional representatives and make it available to interested parties. Robson reviewed the proposed letter of support for the CORE Act with the council. Public comment was called. Susie Kincade, Eagle County resident and public land consultant, thanked council for drafting the letter. She felt it was well written and hit the points of the amount of support that has been given throughout the county for these precious lands. All council members were in favor of the letter being sent out. 9. Public Hearings 9.1. Ordinance No. 24, Series of 2021, Second 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 second reading Background: The purpose of Ordinance No. 24, Series of 2021, is to amend the Vail Town Code to create an administrative penalty to be assessed upon deed -restricted property owners that fail to meet the deed restriction compliance deadline of February 1, annually. Staff Recommendation: Approve Ordinance No. 24, Series of 2021, as proposed. Ruther reviewed Ordinance No. 24, Series of 2021 with council stating there were no changes since the first reading. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 24, Series of 2021 upon second reading; Davis seconded the motion passed (7-0). 9.2. Ordinance No. 25, Series 2021, Second 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 allow 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 second reading. Town Council Meeting Minutes of December 21, 2021 Page 6 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 second reading. Roy reviewed Ordinance No. 25, Series of 2021 with council stating there had been no changes since the first reading. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 25, Series of 2021 upon second reading; Davis seconded the motion passed (7-0). 9.3. Ordinance No. 26, Series 2021, Second Reading, 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): Carlie Smith, Deputy Finance Director Action Requested of Council: Approve or approve with amendments the second 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 second reading of Ordinance 26, Series 2021. Smith presented Ordinance No. 26, Series of 2021 with council stating there were no changes since the first reading. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 26, Series of 2021 upon second reading; Foley seconded the motion passed (7-0). 10. Unfinished Afternoon Business Town Council Meeting Minutes of December 21, 2021 Page 7 11. Information Update 11.1. AIPP Approved Nov. 1 Minutes 11.2. Future Council Meeting Topics Council requested Vail Mountain School future planning on enrollment and Booth Trials be added to the future topics. 11.3. VLMDAC October Meeting Minutes 11.4. VLMDAC November Minutes 11.5. Short -Term Rental Study Update Council had no other comments or questions on the information updates. 5. Matters from Mayor, Council and Committee Reports Seibert noted his interest in continuing to work collaboratively with multiple partners on future refinements to the CORE Act. Staufer noted feedback from constituents regarding speeding in Intermountain and on Vail Valley Drive. He suggested exploring traffic calming and speed enforcement. Foley shared a list of constituent feedback ranging from the quality of doggy pick up bags to speeding to traffic signs. He also complimented organizers of the holiday tree lighting, town Christmas party and Vail Rec District Ugly Sweater Run. Davis shared feedback from several constituents that the holiday lights in the roundabouts are not as impressive as in years past. Mason thanked Powabunga & Snow Days organizers for successful events but be careful w/light show. Also thanked frontline workers for all they do. Encouraged everyone to get vaccinated and stay home when they're sick. Acknowledged Seibert's birthday and Langmaid's anniversary. Coggin looks forward to event review reports from Snow Days & Powabunga. He asked everyone to "be kind, take a breath and smile" during the holidays. Lastly, he suggested a joint retreat be held with Town Council and Vail Resorts. Langmaid asked everyone to take care of themselves and be kind to others. She suggested the need to reduce speed limits in Intermountain and to consider proclaiming 2023 the Year of Sustainable Mountain Tourism in Vail. She also noted the recent passing of several Vail pioneers. 5.1. Review Council Committee Appointments Presenter(s): Kim Langmaid, Mayor, Scott Robson, Town Manager Town Council Meeting Minutes of December 21, 2021 Page 8 Action Requested of Council: Discuss list of committees and make appointments for 2022-2023 term. See summary of committees worksheet to use for discussion. • Vail Recreation District: Siebert and Foley • ECCO Board and Eagle County Transportation Authority: Davis and Seibert (alternate) • Open Space Board of Trustees: Staufer • Vail Local Marketing District Advisory Board: Davis and Coggin (alternate) • Vail Economic Advisory Council: Coggin and Seibert • Vail Parking and Transportation Task Force: Staufer and Mason (alternate) • Betty Ford Alpine Gardens Foundation: Mason • 1-70 West/Vail Pass Authority: Dick Cleveland • CAST: Langmaid and Robson • Sustainable Destination Steward Committee: Davis and Langmaid (alternate) • Eagle County Community Wildlife Round Table: Langmaid and Staufer (alternate) • Habitat Land Use and Education Outreach Committee: Langmaid and Staufer (alternate) • Colorado Communities for Climate Action: Staufer • Climate Action Collaborate Board: Langmaid 5.2. Determine Council Retreat Date and Time Presenter(s): Kim Langmaid, Mayor, Scott Robson, Town Manager Council decided to wait until after the holidays to schedule an in -person retreat. 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 8:26 p.m. Attest: 4ramy g�I, T6wn C,`'j`� Respectfully Sul�rit Mayor IIA P C" R ATEO Town Council Meeting Minutes of December 21, 2021 Page 9