HomeMy WebLinkAbout2022-03-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 15, 2022
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 Langmaid.
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
Taylor Gardarian, Eagle County resident, showed a video about measuring time and distributed
a handout regarding the same.
Penny Wilson, Vail resident and Vail Rotary Club member, invited council to attend to the
Rotary Club meetings held on Wednesday mornings.
Stephen Connolly, Vail resident, expressed support for July 4th drone show; getting rid of the
Commission on Special Events (CSE); and he would support getting rid of the Vail Local
Marketing District (VLMDAC) too. He asked council where the town was on drafting an idling
ordinance and a banning of plastic bags ordinance.
Bill Hanlon, Vail resident, expressed support for the pilot loading and delivery program and
shared it was working well. He recommended council talk to the governor to explain the
urgency for the need of employee housing and the impact it has on a resort community.
Alison Wadey, Vail Chamber & Business Association representative and Commission on
Special Events (CSE) member, stated it would be a huge miss if the town didn't move forward
with an end of season party to recognize employees.
2. Any action as a result of executive session
Foley made a motion to direct the Town attorney to work on an employee contract to be
approved at the April 5th meeting for Interim Town Manager Stan Zemler; Coggin seconded the
motion passed (7-0).
3. Appointments for Boards and Commissions
Town Council Meeting Minutes of March 15, 2022 Page 1
3.1. Design and Review Board (DRB) Appointments
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint three members to service on the DRB for a two-
year term ending March 31, 2024
Coggin made a motion to appoint Kit Austin, Erin Iba and Kathryn Middleton to serve on the
Design Review Board for a two-year term ending on March 31, 2024; Foley seconded the
motion passed (7-0).
3.2. Planning and Environmental Commission (PEC) Appointments
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint four members to service on the PEC for a two-
year term ending March 31, 2024
Coggin made a motion to appoint Bill Jensen, Robert Lipnick, John Rediker and Henry Pratt to
serve on the Planning and Environmental Commission for a two-year term ending on March 31,
2024; Foley seconded the motion passed (7-0).
4. Consent Agenda (5 min.)
4.1. Resolution No. 6, Series 2022, Approving a Release of Restrictive Covenant for
Lot 12, Spraddle Creek Estates, and an Amendment to Restrictive Covenant for Sunlight
North Condominiums Unit Number 8
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 6,
Series 2022.
Background: The Rose F. Gillett Revocable Trust owns the properties described as Lot 12,
Spraddle Creek Estates, also known as 1315 Spraddle Creek Road and Sunlight North
Condominiums Unit #8, also known as at 2475 Garmisch Drive, Sunlight North Condominiums,
Unit #8. The Town and the Trust now desire to release the Restrictive Covenant associated with
the Lot and to amend the Restrictive Covenant to release the Unit from the requirement that it
cannot be sold, transferred or conveyed separately from the Lot.
Staff Recommendation: Approve Resolution No. 6, Series of 2022
Davis made a motion to approve Resolution No. 6, Series of 2022; Mason seconded the motion
passed (7-0).
4.2. Resolution No. 7, Series of 2022 A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Colorado Department of Transportation to
Support the Operation of Public Transportation Services
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 7,
Series of 2022
Town Council Meeting Minutes of March 15, 2022 Page 2
Background: The Town of Vail receives State funding in the amount of $337,234.00 to assist
with maintaining of public transportation services. This funding provides support for public
transportation services for the performance period from January 1, 2022 to June 30, 2023.
Staff Recommendation: Approve Resolution No. 7, Series of 2022
Mason made a motion to approve Resolution No. 7, Series of 2022; Davis seconded the motion
passed (7-0).
4.3. Contract Award with A-1 Chipseal for 2022 Vail Slurry Seal Project
Background: Staff received 2 bids for the 2022 Slurry Seal Project. The project is budgeted with
the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in
this year's asphalt preventive maintenance project are local streets in the Intermountain and
Matterhorn neighborhoods. The project is scheduled to be completed by June 17, 2022.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with A-1 Chipseal to complete the 2022 Vail Slurry Seal Project
in the amount not to exceed $173,675.00.
Staufer made a motion to authorize the Town Manager to enter into an agreement with A-1
Chipseal in an amount not to exceed $173,675; Foley seconded the motion passed (7-0).
4.4. Contract Award with GM Asphalt Repair LLC 2022 Vail Overlay Project
Background: Staff received 3 bids for the 2022 Vail Overlay Project from GM Asphalt Repair
LLC, 360 Paving LLC and United Companies. The project is budgeted with the Capital Street
Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt
overlay project include Arosa Dr, Davos Trl, Cortina Ln, Garmisch Dr, Vail Valley Dr from Gold
Peak to Ptarmigan Rd and the Spraddle Creek Trailhead lot. The project is scheduled to be
completed by June 17, 2022.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with GM Asphalt Repair LLC to complete the 2022 Vail Overlay
Project in the amount not to exceed $565,627.00.
Mason made a motion to authorize the Town Manager to enter into an agreement with GM
Asphalt Repair in an amount not to exceed $565,627.00; Foley seconded the motion passed (7-
0).
4.5. Contract Award with Rocky Mountain Custom Landscape for Ellefson Park/Lot 5
Turf Reduction Project.
Background: The Ellefson Park/Lot 5 Turf Reduction Project is the second major turf reduction
project in the Town of Vail. The project was put out to competitive bid on January 31, 2022 with
1 bidder responding on February 3, 2022. The bid of $225,755.11 was submitted by Rocky
Mountain Custom Landscape and has been identified as a responsible bid. The 2022 budgeted
amount in this account is $150K. The budget shortfall is approximately $76K. The current
Supplemental Budget presented to the Town Council includes an additional $41 K in the Ellefson
Park project account and an additional $35K in the Capital Park Maintenance account.
Town Council Meeting Minutes of March 15, 2022 Page 3
Staff Recommendation: Authorize the Town Manger to enter into a construction contract with
Rocky Mountain Custom Landscape in the amount of $225,755.11 for the Ellefson Park/Lot 5
Turf Reduction Project.
Davis made a motion to authorize the Town Manager to enter into an agreement with Rocky
Mountain Custom Landscape in an amount not to exceed $225,755.00; Staufer seconded the
motion passed (7-0).
4.6. Contract Award for Emerald Witch Productions for Spring Employee Concert and
Celebration
Background: An RFP was published for the production of an employee and locals concert.
Emerald Witch Productions was selected to produce the event.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Emerald
Witch Productions LLC in an amount not to exceed $75,000
"This contract was not voted on due to afternoon discussion.
4.7. Contract Award for Vail Mountain School to place a Town of Vail School Resource
Officer at VMS Agreement Extension
Background: The Vail Police Department and the Vail Mountain School (VMS) will complete the
current three-year School Resource Officer contract effective June 2022. We are requesting a
one-year extension of this contract for the 2022-2023 school year. The new VMS Headmaster
will then determine if the School Resource Officer program will continue beyond June 2023
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Vail
Mountain School in an amount not to exceed $70,000
Mason made a motion to authorize the Town Manager to enter into an agreement with Vail
Mountain School in an amount not to exceed $70,000; Coggin seconded the motion passed (7-
0).
4.8. Contract Award with ECOS Communications for the Welcome Centers Creative
Interpretive Display Installation
Background: The Vail Welcome Centers look to upgrade their current displays with new creative
and interpretive exhibits. Our Welcome Centers attract more than 158,000 guests annually and
are open 365 days a year for guests to relax and learn more about the town, Vail Mountain, and
surrounding areas.
Staff Recommendation: Authorize the Town Manager to enter into a contract with ECOS
Communications in a form approved by the Town Attorney in an amount not to exceed
$200,000.
Davis made a motion to authorize the Town Manager to enter into an agreement with ECOS
Communications in an amount not to exceed $200,000; Coggin seconded the motion passed (7-
0).
Town Council Meeting Minutes of March 15, 2022 Page 4
5. Town Manager Report
Greg Hall, Public Works Director, spoke to council concerning parking and bus service being
extended due to Vail Resorts extending the ski season. Hall stated paid parking would remain in
the village structures through the end of the season and efforts would be made to maintain as
much bus service as possible. Parking at Red Sandstone Parking structure and Ford Park
fields would be free.
Presentations / Discussion
6.1. VVF presentation on Gerald R. Ford Amphitheater Capital Upgrade and Expansion
Presenter(s): Mike Imhof, Vail Valley Foundation
Action Requested of Council: Listen to presentation and provide feedback on steps moving
forward.
Background: The GRFA has gone through several major capital improvement projects since
1987. This presentation is the current vision the VVF would like to share with the Town Council.
Imhof presented a proposed capital upgrade and expansion of the Ford Amphitheater. He
stated the Foundation would return to Town Council at a later date to present a request for
funding assistance as part of the capital campaign. The upgrades and expansion would occur
on the concession stand, dressing rooms, box office to provide more space. The beginning of
the capitol program would consist of the addition of solar panels on the roof which the
Foundation estimated a return on investment within 7 years. Imhof stated the Foundation
would like the Town to consider contributing financially for the project.
Langmaid stated the project should be added to the Ford Park Master Plan that was currently
being reviewed.
Foley asked the Town of Vail to be added to the signage for example the box office. Foley
stated he would like to see the town get that recognition of owning the facility.
Council had no further comments.
6.2. Short -Term Rental Study - Part 3
Presenter(s): Alex Jakubiec, Town of Vail Revenue Manager; Kathleen Halloran, Town of Vail
Finance Director; and Andrew Knudtsen, Economic & Planning Systems Inc
Action Requested of Council: Please provide feedback to staff regarding the third phase of
short-term rental study.
Background: The purpose of this memorandum is to propose policy changes for consideration
based on the information gathered by RRC Associates and Economic & Planning Systems Inc.
(EPS) during their comprehensive study of the Vail short-term rental (STR) market and provide
an opportunity for Council to consider future regulations of STRs.
Town Council Meeting Minutes of March 15, 2022 Page 5
Staff Recommendation: Please provide feedback to staff regarding the third phase of short-term
rental study.
Jakubiec Knudtsen and Cares presented proposed short term rental policy recommendations.
Staff recommended the following
✓ Violation: the town's STR violation structure had four levels of enforcement, with the
fourth being a revocation of the STR registration for two years. Staff recommends changing this
policy by reducing the maximum number of violations from four to three, increasing the fine
amounts for each level and increasing the revocation period from two to three years.
Additionally, staff suggested imposing a significant fine of $2,650, the maximum jurisdictional
penalty, for any STR found operating without a valid registration.
✓ Late Fees for Renewals: a $250 late fee for renewals not submitted by the annual
deadline of February 28 to increase registration renewal compliance.
✓ Tiered Registration Fees: The proposed tiered structure was less impactful to local
residents who rent a portion of their property while living in their home/unit or rent their entire
home/unit for 30-days or less per year:
• Fractional Managed by Owner $25 Per Owner $2,000
• Fractional Managed by Front Desk $150 Per Unit $25,000
• Owner Occupied, Primary Residence
• 30-Day Registration $25 $2,500
• Owner Occupied, Primary Residence STR $150 $22,500
• Non -Primary Residence STR $150
✓ Mitigation Fees to Fund Local Housing Initiatives: The calculation accounted for
the possibility that a home used as an STR could be occupied by a local resident, and the fee
was further based on the difference between the impact of guest spending in the local economy
and the baseline impact of local resident spending.
✓ Registration Limits:
• Option 1: In Zone 2, no more than 20% of units in a multi -unit building or
complex governed by a common HOA with 6 or more units may obtain an STR registration —
unless the unit is a fractional property or in a building with a 24/7 front desk present.
Jakubiec stated this option would allow full-time local residents to obtain an unlimited STR
registration for rentals of individual rooms or approved accessory housekeeping units located
within their primary residence. The primary resident/owner would be required to be present
during all rentals. Or full-time local residents could obtain a limited 30-day STR registration for
the rentals of their entire property while the homeowner was not on site, but it would be required
the unit was their primary residence only.
• Option 2: Limit the overall number of registrations in Zone 2 (or in specific
neighborhood areas) to their current level.
✓ Health and Life Safety Standards: requiring a periodic inspection of all short-term
rental units not located in buildings with on -site, 24/7 management and requiring proof of
inspection every three years. Additionally, requiring a number of other life safety items such as
fire alarms, emergency contact and no outdoor firepits etc.
Council asked about the process for STR violations. Jakubiec explained a homeowner and or
property managers have an opportunity to correct the complaint prior to receiving a violation
ticket.
Town Council Meeting Minutes of March 15, 2022 Page 6
Council asked about "caps" on STRs and how that would assist with creating long term rentals.
Jakubiec stated there would be incentives to encourage people to rent their home on a long-
term basis.
Some council members questioned that theory to help achieve the goal to convert STRs to long-
term rental.
Overall council was supportive of increasing fees to cover administrative expenses and fees to
offset housing impacts. Additionally, council was also supportive of the recommended I life
safety measures presented and increased insurance requirements as well as increased fines for
violations.
Jakubiec stated staff would come back to an upcoming meeting council with a draft ordinance
updating the policy recommendations for their review.
Public Comment:
Stephen Connolly suggested breaking the STR locations down to neighborhoods rather than
Zones. He also felt all STR's business fees should be the same for all types of rentals.
Public comment was closed.
Mayor thanked everyone for the comments and looked forward to the next steps.
7. Action Items
7.1. Booth Creek Fuels Reduction Project NEPA Update
Presenter(s): Paul Cada Wildland Program Manager
Action Requested of Council: Listen to presentation and ask questions.
Background: In 2020 the Town of Vail signed a cooperative agreement with the USFS to fund
an environmental analysis for the Booth Creek Fuels Reduction Project. To date, the Town of
Vail has spent approximately $120,000 for the environmental analysis. The project is now in the
public comment phase.
Staff Recommendation: Approve comment letter supporting Booth Creek Fuels Reduction
Project
Cada reminded council in 2020 the town signed a cooperative agreement with the U.S. Forest
Service to fund an environmental analysis for the Booth Creek Fuels Reduction Project. Cada
stated the USFS proposed to use a variety of treatment types to reduce fuels on approximately
3,059 acres of national forest system lands within the study area such as mechanized logging
equipment, hand thinning with chain saws, pile burning and prescribed burning. He explained
the project was now in a 60-day public comment phase. Forest Service would host a public
meeting on the Project from 5 to 7pm on April 6 at Grand View.
Cada requested council to approve the letter supporting the Project and the additional $49,000
that was associated with the environmental analysis by SE Group.
Council had no questions and there was no public comment.
Town Council Meeting Minutes of March 15, 2022 Page 7
Davis made a motion to support the comment letter with a few edits and the $49,000; Foley
seconded the motion passed (7-0).
7.2. Ordinance No. 2, Series 2022 First Reading An Ordinance Amending Chapter 11 of
Title 5 of the Vail Town Code to Reduce the Risk of Wildfires in the Town
Presenter(s): Paul Cada Wildland Program Manager, Mark Novak Fire Chief
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 2,
Series of 2022
Background: In 2020 the Vail Town Council approved the Vail Community Wildfire Protection
Plan (CWPP). A primary goal of the CWPP was to reduce the risk of a wildland urban disaster
within the Town of Vail. An essential element in achieving this goal is to prevent the ignition of
structures. The most effective manner to achieve this goal is to require a non-combustible zone
around all structures.
Staff Recommendation: Approve Ordinance No. 2, Series of 2022 on first reading
Cada provided an overview of the ordinance to require a five -foot -wide zone of non-combustible
landscaping around all buildings in Vail over a 3-year period beginning in 2025. The wildfire
situation in the Western US is continuing to grow worse, fueled by climate change, community
development and excessive fuel loading. The National Institute of Standards and Technology
(NIST) released "WUI Structure/ Parcel/ Community Fire Hazard Mitigation Methodology" which
gathered the most recent research and post fire study of structure loss from wildfire. Cada
explained the report stated clear connections in shared risk between structures built within 30
feet of each other. Cada stated the ordinance would require residents to maintain an ignition
resistant landscaping from the foundation wall extending 5 feet from the structure. Trees and
shrubs would not be allowed to be planted (stem within 5' zone) within the Fire Free Five area.
The Fire Free Five represented the largest area where embers may accumulate during a wildfire
and was the most critical part of defensible space. Cada mentioned if the ordinance passed it
would not be enforced for 3 years. During this time each property in the Town of Vail would
be evaluated, and educational information describing compliance options will be provided to
each owner.
Novak acknowledged the department had received a mix of support and concerns from
community members about the proposed ordinance.
Council expressed concern about the cost to the homeowner to remove trees and the removal
of heritage trees. Council suggested the application for heritage trees be extended to
homeowners and not limited to the villages.
Public comment:
Penny Wilson explained how their complex worked with the Fire Department for wildfire
mitigation. She stated it would be beneficial to have all properties participate
Stephen Connolly said he supported the ordinance. He felt there was a resistance to change in
the community and the Town Council needs to lead and govern.
Town Council Meeting Minutes of March 15, 2022 Page 8
John Rediker, Vail resident, suggested some modifications to the ordinance. He felt the
ordinance shouldn't be one size fits all and that some trees, like aspen, are more fire resistant
than other trees. He would like to see a variance or exemption process be incorporated.
Susan Bird, Eagle County resident, suggested the Fire Free Five proposal be embraced by
Eagle County, not just Vail, and should be a joint effort.
Public comment was closed.
Langmaid would like to see more recognition of the financial resources offered the homeowners.
She suggested more community outreach and education.
Davis inquired if the fire dept has gone through certain areas in town that might be more of a
"hot spot." Cada stated there had been outreach to those neighborhoods, but there were issues
with educating the homeowners in those areas due to second homeowners not being in town.
Coggin stated he struggled with the cost burden on the community associated with the
ordinance. He was also interested in exploring some of Rediker's ideas. Novak suggested
creation of a homeowner match rebate program funded from the town and other sources.
Staufer felt the current ordinance being presented was not flexible. He would like to see a
revised ordinance at the next meeting.
Foley made a motion to table Ordinance No. 2, Series of 2022 be tabled to the April 5ch Town
Council meeting; Mason seconded the motion passed (7-0).
7.3. Ordinance No. 3, Series 2022, First Reading, An Ordinance Making Adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Housing Fund, Marketing Fund, Heavy Equipment Fund, Residences at Main Vail Fund
and Dispatch Services Fund
Presenter(s): Carlie Smith, Deputy Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 3, Series
2022.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 3, Series 2022.
Smith started by providing council with a high-level review of 2021 financial results and stated
this ordinance was to re -appropriate funds for capital projects budgeted in 2021 and are
continuing into this year, or projects that did not begin as planned. There was also
adjustments needed to reflect events or decisions that have occurred since the 2022 budget
was finalized.
General Fund: $43.3 million estimated fund balance by the end of 2022, or 87% of annual
revenues in a normal year. The supplemental reflects the staff's recommendations:
✓ $1,250,000 increase reflected the town's shift in compensation strategy to reflect a more
competitive pay structure
Town Council Meeting Minutes of March 15, 2022 Page 9
✓ $10,000 for additional Economic Development staff time needed for the Destination
Stewardship Management Plan.
✓ $65,000 for Town Manger recruitment.
✓ $374,000 to continue the Loading and Delivery pilot program in the villages throughout
the summer months.
✓ $32,782 for the short-term rental study crossing years but was budgeted in full in 2021.
✓ $7,500 of Economic Development marketing SWAG budgeted in 2021 but delivered in
2022 due to supply chain issues.
Capital Proiects Fund: an estimated fund balance of $30.2 million by the end of 2022. Staff
requested the new adjustments include:
✓ $6,000,000 to move forward from the 2023 budget to order six electric buses for delivery
in 2023.
✓ $312,000 to contract for a 5-year subscription with Fischer, the town's new parking
management software.
✓ $100,000 to explore outcomes of the Civic Area Plan.
✓ $100,000 to be moved forward from the 2023 budget to begin design of the Big Horn
Road Bridge rails and culvert so that construction can begin in 2023.
✓ $50,000 to move forward from the 2023 budget to beginning planning for new
roundabout lighting
✓ $11,000 for police department records management software.
✓ $6,824,698 to the Residences at Main Vail Fund to cover project expenditures
exceeding the $25.1 M in bond proceeds.
✓ $565,000 to the Housing Fund to purchase East Vail Lodging Unit #16 for town
employee housing as approved by Council on March 1st.
✓ $25,000 to the Housing Fund for town employee unit capital maintenance and upgrades.
Real Estate Transfer Tax (RETT) Fund: an estimated fund balance of $17.1 million at the end
of 2022. Staff was proposing:
✓ $100,000 per year over five years to update town owned facilities to be in compliance
with the new program.
✓ $61,000 of additional funding for the Booth Falls restroom project.
✓ $41,000 of additional funding for the turf reduction project at Ellefson Park and the Town
Manger residence.
✓ $35,000 of sidewalk repairs at Ellefson Park to corresponding with the turf reduction
project.
✓ $25,000 Solar and Storage Feasibility Study.
✓ $8,000 to analyze the engineering and electrical infrastructure needs for the Electric
Vehicle Readiness Plan with a goal of 30% town -wide electric vehicles by 2030 and
100% by 2050.
✓ $5,000 to supply propane for the winter heaters that were added during 2020 and 2021
to allow for more outdoor gatherings during the pandemic.
✓ $250K decrease of AIPP funds to be used towards the Ford Park Art Space
Housinq Fund: Estimated fund balance of $4.1 million at the end of 2022.
✓ A carryforward of $1,329,334 allocated to the InDEED program.
✓ $25,609 carryforward balance in the Buy Down Housing program.
✓ $2,000,000 for Residences at Main Vail developer fees
✓ $2,000,000 placeholder for the potential purchase of the CDOT owned parcel in east
Vail.
Marketinq Fund:
Town Council Meeting Minutes of March 15, 2022 Page 10
✓ $63,935 of additional funding for a 4th of July drone light show to replace a traditional
fireworks display.
✓ 25,000 for the end of season employee celebration
Heavv Equipment Fund:
✓ $45,900 for a loader tire chain.
Davis requested more information regarding the collection of lift tax.
Foley inquired if Vail Resorts budgeted for the Gore Valley Trail alignment. Smith stated VR
has not budgeted for that project.
Council had no further questions or comments.
There was no public comments.
Davis made a motion to approve Ordinance No. 3, Series of 2022; Foley seconded the motion
passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded the motion which passed (7-0) and the meeting adjourned at 9:43
p.m.
Attest:
=mmyel, Town Cl�rk�
Respectfully Submitted,
Yv�Q
Kim Langmaid, yor
Town Council Meeting Minutes of March 15, 2022 Page 11