HomeMy WebLinkAbout2022-04-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, April 5, 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
Jenn 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
Langmaid started the meeting thanking Robson for his 2 years of service with the Town and
wished him well in his new role as Town Manager in Telluride.
1. Citizen Participation
Steve Coyer, Eagle River Water and Sanitation District, announced he was running for re-
election to the board of the Eagle River Water and Sanitation District and asked the council and
residents for their vote.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 3, Series of 2022, Recognizing National Library Week 2022
"Connect with Your Library"
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Approve Proclamation No. 3, Series 2022.
Background: First sponsored in 1958, National Library Week is a national observance
sponsored by the American Library Association (ALA) and libraries across the country each
April. It is a time to celebrate the contributions of our nation's libraries and librarians and to
promote library use and support. All types of libraries (school, public, academic and special)
participate. http://www.ala.ora/conferencesevents/node/6/
Town Council Meeting Minutes of April 5, 2022 Page 1
Each council member took turns reading Proclamation No. 3, Series of 2022 into the record.
4. Appointments for Boards and Commissions
4.1. Appoint a 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 a member on the
Building & Fire Code Appeals Board for a term ending March 31, 2026.
Coggin made a motion to appoint Mark Mueller to serve a four-year term ending March 31, 2026
on the Building & Fire Code of Appeals; Staufer seconded the motion passed (7-0).
5. Consent Agenda
5.1. Resolution No. 8, Series of 2022, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County Concerning Wildland Fire
Mitigation Program
Action Requested of Council: Approve Resolution No. 8, Series 2022.
Background: Under this IGA, Eagle County will provide funding to the Town of Vail for Wildfire
Mitigation to include curbside chipping, fuels reduction in the Intermountain Forest Health
Project and direct aid to homeowners in the unincorporated portion of West Vail.
Staff Recommendation: Approve Resolution No. 8, Series 2022.
Foley made a motion to approve Resolution No. 8, Series of 2022; Coggin seconded the motion
passed (7-0).
5.2. Resolution No. 10, Series of 2022, A Resolution Approving the Purchase of the
Residential Property known as Vail East Lodging, Unit #16, 4123 Spruce Way, Vail,
Colorado.
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 10,
Series 2022.
Background: The availability of housing remains an ongoing challenge for year-round and
seasonal Vail residents. The Vail East Lodging will be used to provide rental housing
opportunities for Town of Vail employees. The cost to purchase this home is $565,000.
Staff Recommendation: The Housing Department recommends the Vail Town Council approves
Resolution No. 10, Series of 2022, as presented.
Staufer made a motion to approve Resolution No. 10, Series of 2022; Coggin seconded the
motion passed (7-0).
Town Council Meeting Minutes of April 5, 2022 Page 2
5.3. Resolution No. 11, Series of 2022, A Resolution Approving the Purchase of the
Residential Property known as 1860 Meadow Ridge Road, Unit 4,1860 Meadow Ridge
Road, Vail, Colorado.
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 11,
Series 2022.
Background: The availability of housing remains an ongoing challenge for year-round and
seasonal Vail residents. The 1860 Meadow Ridge Road property will be used to provide rental
housing opportunities for Town of Vail employees. The cost to purchase this home is $780,000.
Staff Recommendation: The Housing Department recommends the Vail Town Council approves
Resolution No. 11, Series of 2022, as presented
Coggin made a motion to approve Resolution No. 11, Series of 2022; Foley seconded the
motion passed (7-0).
5.4. Resolution No. 12, Series of 2022, A Resolution Approving the Purchase of the
Residential Property known as Pitkin Creek Condominiums, Unit P-5, 3931 Bighorn Road,
Vail, Colorado.
Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 12,
Series 2022.
Background: The availability of housing remains an ongoing challenge for year-round and
seasonal Vail residents. The Pitkin Creek Condominiums home will be used to provide
homeownership opportunities for a Town of Vail employee, or a person employed by a business
located within the Town of Vail. The cost to purchase this home is $560,000.
Staff Recommendation: The Housing Department recommends the Vail Town Council approves
Resolution No. 12, Series of 2022, as presented.
Mason made a motion to approve Resolution No. 12, Series of 2022; Coggin seconded the
motion passed (7-0).
5.5. Resolution No. 13, Series 2022, Approving an Agreement and an
Underground Right -of -Way Easement between the Town of Vail and Holy Cross Energy
("HCE")
Action Requested of Council: Approve, approve with amendments or deny Resolution 13,
Series 2022.
Background: In order to accommodate the relocation of certain power lines for the construction
of the Residences at Main Vail, the Town and HCE wish to enter into an agreement and
easement.
Staff Recommendation: Approve, approve with amendments or deny Resolution 13, Series
2022.
Town Council Meeting Minutes of April 5, 2022 Page 3
Coggin made a motion to approve Resolution No. 13, Series of 2022; Staufer seconded the
motion passed (7-0).
5.6. Resolution No. 14, Series 2022, A Resolution Approving a Vacation of Easement
and Bill of Sale between the Town of Vail and the Eagle River Water and Sanitation
District ("ERWSD")
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 14,
Series of 2022.
Background: In order to accommodate the construction of the Residences at Main Vail, the
ERWSD wishes to vacate a certain Sewer Easement and convey ownership of the eight -inch
(8") sewer main.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 14, Series
of 2022.
Masson made a motion to approve Resolution No. 14, Series of 2022; Coggin seconded the
motion passed (7-0).
5.7. Resolution No. 15, Series 2022, A Resolution Approving an Employment
Agreement between the Town of Vail and Stan Zemler
Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 15,
Series 2022.
Background: The Town wishes to retain the services of Stan Zemler to act as Interim Town
Manager.
Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 15, Series
2022.
Coggin made a motion to approve Resolution No. 15, Series of 2022; Mason seconded the
motion passed (7-0).
5.8. Letter of Support for Federal Funds to Support the Vail 2024 Battery Electric Bus
Purchase and the CASTA Statewide Transit Improvement Proposal
Action Requested of Council: Approve, approve with amendments or deny Letter of Support.
Background: Request for federal funds to support the Vail 2024 Battery Electric Bus Purchase
and the CASTA Statewide Transit Improvement Proposal
Staff Recommendation: Approve, approve with amendments or deny Letter of Support.
Mason made a motion approve a letter of support for the Federal Funds to Support the Vail
2024 Battery Bus Purchase and the CASTA Statewide Transit Improvement Proposal; Staufer
seconded the motion passed (7-0).
Town Council Meeting Minutes of April 5, 2022 Page 4
5.9. Change order to existing contract with SE Group for completion of the Booth
Creek Fuels Treatment NEPA.
Action Requested of Council: Approve change order with SE Group.
Background: The contract with the SE Group for the Booth Creek Fuels Treatment NEPA was
structured as a phased project. This change order represents phase 5 of the project.
Staff Recommendation: Approve change order with SE Group.
Staufer made a motion to the change order with SE Group; Foley seconded the motion passed
(7-0).
5.10. Contract Award with Hallmark Inc. for the Ford Park West Betty Ford Way Paver
Project.
Action Requested of Council: Direct the Town Manger to enter into a construction contract in a
form approved by the Town Attorney with Hallmark Inc in the amount of $994,387 for the Ford
Park West Betty Ford Way Paver Project.
Background: The funding for the Ford Park West Betty Ford Way Paver Project is included in
the 2022 Real Estate Transfer Tax, Recreation Path Maintenance Account. The 2022 budgeted
amount in this account is $1.2M. The $994,387 bid is substantially lower than the budget
amount.
Staff Recommendation: Direct the Town Manger to enter into a construction contract in a form
approved by the Town Attorney with Hallmark Inc in the amount of $994,387 for the Ford Park
West Betty Ford Way Paver Project.
Mason made a motion to authorize the Town Manager to enter into an agreement with Hallmark
Inc in an amount not to exceed $994,387.00; Coggin seconded the motion passed (7-0).
5.11. Contract Award with Intermountain Painting for Top Deck Village Structure
Painting
Action Requested of Council: Direct the Town Manger to enter into a construction contract in a
form approved by the Town Attorney with Intermountain Painting in the amount of $86,390.00
for the top deck of the Village Structure.
Background: Staff received 2 bids for the Vail Village Parking Structure painting project. Painting
included in this project is the top deck of the Village Parking Structure for all vent stacks, railings
and buildings that are currently green. The project is scheduled to be completed by September
15, 2022.
Staff Recommendation: Direct the Town Manger to enter into a construction contract in a form
approved by the Town Attorney with Intermountain Painting in the amount of $86,390.00 for the
top deck of the Village Structure.
Town Council Meeting Minutes of April 5, 2022 Page 5
Coggin made a motion to authorize the Town Manager to enter into an agreement with
Intermountain Painting in an amount not to exceed $86,390.00; Foley seconded the motion
passed (7-0).
5.12. Contract Award with Drop Mobility for Regional Electric Bike Share Program
Action Requested of Council: Authorize the Town Manager to enter into an agreement in a form
approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the
execution of the Regional Electric Bike Share Program in 2022.
Background: Following the 2020 Electric Bike Share Pilot Program, Vail Town Council allocated
$175,000 in the 2022 budget for staff to launch a larger, regional electric bike share program in
collaboration with Town of Avon and EagleVail Metro District.
Staff Recommendation: Authorize the Town Manager to enter into an agreement in a form
approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the
execution of the Regional Electric Bike Share Program in 2022.
Mason made a motion to authorize the Town Manager to enter into an agreement with Drop
Mobility in an amount not to exceed $174,400.00; Coggin seconded the motion passed (7-0).
6. Town Manager Report
6.1. 2022 Wildfire Mitigation Award to Vail Fire's Paul Cada
Background: Nation's Leading Wildfire Management Group recognized Vail Fire's Paul Cada as
the recipient of the 2022 Wildfire Mitigation Award.
Robson congratulated Paul Cada, wildfire program administrator for the fire department, for
being recognized by the nation's leading wildfire management groups with the 2022 Wildfire
Mitigation Award.
6.2. Peer Resort Exchange Update
Robson provided a quick recap of a recent Peer Resort Exchange trip to St. Moritz, Switzerland
and St. Anton, Austria. Robson stated the trip was extremely productive and there would be a
letter of intent to formalize renewed relationship with St. Moritz presented at the next meeting.
6.3. 2022 Community Survey Update
Robson encouraged the community to participate in the Town of Vail Community Survey. The
deadline to respond was April 18.
Additionally, Robson mentioned the Vail Employee "locals" Party would be on April 25 on the
International Bridge. There would be free food and drink and possible prizes for people to win.
7. Presentations / Discussion
7.1. Fire Free Five Community Assistance Program
Town Council Meeting Minutes of April 5, 2022 Page 6
Presenter(s): Mark Novak, Fire Chief
Action Requested of Council: Approve Fire Free Five Community Assistance Program
Background: Creating a 5' non-combustible zone (Fire Free Five) around a building is one of the
most important actions that can be taken to reduce the risk of structural loss due to wildland fire.
Town Council directed staff to establish a program to help offset the cost associated with
creating a 5' noncombustible zone around structures.
Staff Recommendation: Approve Fire Free Five Community Assistance Program
Novak spoke to council about possible ways to provide financial assistance to homeowners to
offset the cost associated with creating a fire free five around structures in the town. Novak
suggested allocating Real Estate Transfer Tax funds to create a Town of Vail funded for 2022 of
$150,000. The funding would be structured to reimburse property owners for 75% of the
costs of labor and materials associated with implementing the fire free five. The proposed limits
were as follows:
a. Single Family Dwelling: $ 2,000 maximum
b. Duplex: $3,000 maximum
c. Multi -family dwelling/complex 1-20 units: $5,000 maximum
d. Multi -family dwelling/complex 20+ units: $10,000 maximum
e. Commercial structure: $5,000 maximum
Additionally, Novak explained the process a homeowner would need to follow to qualify for the
assistance program:
✓ The homeowner would need to complete the assistance program application.
✓ Fire Dept. staff would conduct an evaluation of the existing conditions and issues.
✓ Fire Dept. staff conducts follow up evaluation to ensure the work was completed.
✓ Homeowner submits receipts
✓ Finance Dept. processes payment to homeowner
Langmaid thanked Novak for creating an assistance program.
Council had no questions.
7.2. Short -Term Rental Study - Part 4
Presenter(s): Alex Jakubiec, Finance Department; and Andrew Knudtsen, Economic & Planning
Systems Inc
Action Requested of Council: Please provide feedback to staff regarding ordinance changes as
a result of the short-term rental study.
Background: The purpose of this memorandum is to revisit policy changes recommended for
consideration at the March 15th presentation of the short-term rental study. These
recommendations we based on feedback heard during the short-term rental study conducted by
RRC Associates and Economic & Planning Systems Inc.
Staff Recommendation: Please provide feedback to staff regarding ordinance changes as a
result of the short-term rental study.
Town Council Meeting Minutes of April 5, 2022 Page 7
Jakubiec revisited policy recommendations that were presented during the previous meeting.
He acknowledged there was council support for some of the policy considerations.
Registration Limits:
1. Limit density in multi -unit buildings and complexes: limit registrations to no more than
20% of units in a building or complex that was governed by a common HOA with 6 or
more units.
2. Limit registrations in zone 2 unless owned for 5 years or more: set the limit to existing
level and no new registrations unless the property was owned by the same person/entity
for 5+ years
Base Registration Fees:
1. Flat rate base fee to cover town's admirative costs
2. Per bedroom fee to generate revenue for housing initiative
3. Lower fees for primary owner -occupied units and fractional units
Health and Life Safety Standards:
1. Fire Dept. Inspections
2. Proof of Adequate Insurance
3. Update Current Local Representative Requirements
Staufer asked for an example of a fractional unit. Jakubiec provided Sandstone Creek Club and
Eagle Point examples of fractional properties.
Staufer approved renting for 30 days from a homeowner who might rent their property to
traveling workforce or guests that need a place longer than a few days or week.
Seibert stated he would like to see an increase in penalties and fines. He suggested HOA's and
Condominium Associations manage regulating how many STRs are allowed in their buildings.
Davis asked if there were any programs adopted by other communities that encouraged STR's
to be used for long-term housing.
Coggin expressed concern of possible unattended consequences, such as forcing a property to
be dark or forcing a property to be used more due to the registration increases. He suggested a
base registration fee should be a flat fee of $150. Additionally, he requested staff to investigate
what a 2% tax would generate. He questioned regulating condominium associations but agreed
STR fees needed to cover administrative costs.
Mire reminded council they were not allowed to impose a tax without going to the community to
vote.
Langmaid expressed support for the registration caps and the per bedroom fee.
Foley agreed with the fees covering administrative costs; requiring the fire inspections and proof
of adequate insurance.
Town Council Meeting Minutes of April 5, 2022 Page 8
Mire suggested next meet staff bring back an ordinance for council to review and discuss
section by section.
Langmaid agreed.
Staff would return at t future meeting with an ordinance for council's consideration.
8. Action Items
8.1. Resolution No. 9, Series of 2022, A Resolution of the Vail Town Council Approving
a Master Lease between the Town of Vail and the Vail Corporation, dba Vail Associates
Inc. ("VAI")
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 9,
Series 2022.
Background: On March 1 and 15, 2022, the Vail Town Council reviewed a proposed new Timber
Ridge Master Lease agreement. Following discussion of the proposed new master lease
agreement by the Town Council, direction was provided to the Town staff. The master lease
terms are outlined in Section 3 of the Staff Memorandum.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 9, Series
2022.
Ruther quickly reviewed Resolution No. 9, Series of 2022 and the Timber Ridge Master Lease
with council. The terms for the master lease were provided:
• Lease Term — June 1, 2022 to August 31, 2023, or unless otherwise notified of an earlier
termination date due to redevelopment. (extends the lease to 15 months total to fill the
gap between a 12-month lease and the anticipated start date of a Timber Ridge
redevelopment)
• Rent Rate — $1,620 per month.
• Number of Units — 36 total plus one on -site manager's residence.
• Number of assigned parking spaces — 27 total
• Occupants per Unit — up to 3 occupants total
• Security Deposit — a cash deposit equal to $58,320 (amount increased to reflect new
rent rate)
• Other Standard Lease Provisions — Insurance, maintenance and repairs,
indemnifications, utilities, default remedies, etc.
• Convenience Fee — (adds a $34,000 convenience fee to reflect the premium granted by
the Town for allowing a 37-unit master lease. Vail Resorts is prohibited from passing this
fee on to the sub -tenants. Said fee shall be deposited into the Town's Housing Fund
to further the Town's housing goal)
• Subtenant leasing — (amended such that all sub tenants shall be employees of Vail
Resorts who work within the Town)
• Holding Over Provision — (amended to clarify and align the duration of any holdover
tenancy to not more than 2 months total i.e. October 31, 2023)
Town Council Meeting Minutes of April 5, 2022 Page 9
Ruther reminded council the master lease was for 15 months ending August 2023.
Public comment was called.
Dick Cleveland, Vail resident, asked if any other local businesses had an opportunity to
inquire a master lease. Langmaid confirmed that had been done and in fact one building
went to smaller businesses. Vail Resorts master lease was for the other two buildings.
No further public comment.
Foley made a motion to approve Resolution No. 9, Series of 2022; Coggin seconded the
motion passed (7-0).
8.2. 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 adopted 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. Since introduction at the March 15, 2022 meeting, Ordinance No. 2 has
been modified to incorporate public and Town Council input.
Staff Recommendation: Approve Ordinance No. 2, Series of 2022 on first reading
Novak and Cada provided a review of Ordinance No. 2, Series of 2022. Cada reviewed the
WUI Structure/Parcel/Community Fire Hazard Mitigation Mythology. The report identified risk
between structures less than 30 feet separation and the recommended mitigation to reduce the
shared risk. 62% of all structures within the town are built within 30 feet of the nearest structure.
Ordinance No. 2 regulated a 5-foot mandatory non-combustible zone around all buildings. Each
building would create a zone of non-combustible materials that extended from the foundation
wall or attachment out five feet. Trees planted outside the 5 -foot zone that hung over into the
zone would be limbed up to a height of 6 feet to leave a 2-foot gap between the nearest branch
and the building. Cada shared since the last presentation to council regarding this matter was
heritage trees 12 inches diameter and 40 feet tall; aspens 8-inch diameter regardless of location
would be exempted from the 5-foot requirement.
Langmaid shared council had heard from the community concerning this ordinance. Many are
not ready for the requirement and suggested taking a year for homeowners to voluntarily take
action at their residence and to allow more community outreach and education.
Seibert stated the proposed ordinance did not go into effect for 3 years and wonder why they
wouldn't just pass the ordinance being proposed.
Foley stated he would prefer to be proactive than reactive.
Town Council Meeting Minutes of April 5, 2022 Page 10
Davis felt if there was a catastrophic fire the 5-foot requirement would not matter. He asked
where and when would the 5-foot requirement be effective. Novak said there were a lot of
different fire scenarios and it would be difficult to provide that information. The science shows
having a fire free five zone was effective in most fire types.
Public comment was called.
Jack Burgee, Vail resident, agreed with the ordinance and asked what council's concerns were.
Bob Armour, Vail resident, asked about his comment regarding the loss of buildings in fire in
2007 in Tahoe. Novak clarified there were no homes lost in the Tahoe Basin and the structures
lost on the west slope where most of those homes were forest service cabin that did not have
any irrigation. Armour requested before and after pictures of the town hall and west vail fire
station looks like for the community to understand what effect the ordinance would have to their
homes.
Cleveland shared he planted over $1000 for trees to provide shade rather than installing air
condition. To remove those trees would cost more than $2000 to remove those trees. He hopes
council won't kick this topic down the road — make a decision and take the heat either way.
John Rediker, Vail resident, stated the $150,000 for assistance that was previously passed this
evening was way underfunded. He had many issues with the proposed ordinance from the
types of trees to the appeal process. Requiring removal of aspen trees and justifying the
exemption of heritage trees does not make sense.
Susan Bird, Vail resident, she agrees with Cleveland and Rediker points. She would request
the DRB have a part of this ordinance. She questioned what happens when the properties
outside of town limits don't have to regulate their properties.
Public comments closed.
Coggin confirmed Ordinance No. 2 if passed wouldn't go into effect for three years. He argued
the perception of how many trees would be affected. He suggested taking a year to work on
education and host more outreach programs and bring the ordinance back in a year.
Langmaid requested an outreach to the properties in Eagle County that are close to town limits
would participate in the requirement.
*Ordinance No. 2, Series of 2022 was not passed nor tabled.
8.3. Ordinance No. 5, Series of 2022, First Reading, An Ordinance Amending Various
Sections of the Vail Town Code Relating to Alcoholic Beverages, to Reflect Changes in
State Law
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny first reading of
Ordinance No. 5, Series 2022.
Town Council Meeting Minutes of April 5, 2022 Page 11
Background: The Colorado General Assembly recently passed, and the Governor recently
signed into law, House Bill 18-1023 and House Bill 18-1025, which will move sections of Title 12
of Colorado Revised States into a new Title 44, effective October 1, 2018 and the Town Council
wishes to update the Vail Town Code accordingly.
Staff Recommendation: Approve, approve with amendments or deny first reading of Ordinance
No. 5, Series 2022.
Nagel reviewed Ordinance No. 5, Series of 2022 with council stating the amendments to certain
areas of the town code reflect changes to State Law concerning alcoholic beverages. Nagel
confirmed the changes would not affect any liquor process or license.
There was no public comment.
Coggin made a motion to approve Ordinance No. 5, Series of 2022 upon first reading; Staufer
seconded the motion passed (7-0).
9. Public Hearings
9.1. Ordinance No. 4, Series of 2022, First Reading, Four Seasons Amendment to SDD
No. 36 to allow for reconfiguration of existing accommodation units, fractional fee units
and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the
existing onsite employee housing offsite
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4,
Series of 2022, upon first reading.
Background: On March 14, 2022, the Town of Vail Planning and Environmental Commission
(PEC) held a public hearing on the request for a recommendation to the Vail Town Council for a
major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to
the requirement of Section 12-9A, Special Development (SDD) District, Vail Town Code. At the
conclusion of the public hearing, the PEC voted 5-0-1 (Gillette abstained) to forward a
recommendation of denial, to the Vail Town Council
Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 4, Series
of 2022, upon first reading.
Spence reviewed Ordinance No. 4, Series of 2022 with council stating this was a major
amendment to the SDD No. 36 Four Seasons Resort. Spence provided history to the subject
stating when the application was filed with community development dept. for the PEC to have a
public hearing for a recommendation to the council for a major amendment to SDD No 36 staff
suggested first to present the amendment to the PEC at a work -session; return to PEC for a
public hearing at a later date with an application that incorporated any of the PEC suggested
changes. The Applicant chose to have a public hearing before the PEC. At the end of the
hearing the PEC voted 5-0-1 to forward to council a recommendation of denial. Spence stated
the applicant, Four Seasons Resort, was requesting a major amendment to SDD No. 36, Four
Seasons, to change the unit mix within the resort and to relocate a portion of the existing on -site
employee housing to down -valley communities.
Town Council Meeting Minutes of April 5, 2022 Page 12
Council had no questions of Spence
Andrew Sellnau and Gary Barnett, Extell Development, presented on behalf of the Applicant,
Four Seasons Resort, sharing they were in the last phases of the renovating the hotel to
improve public space to utilizing unused spaces like the two floors never have been at full
occupancy and low utilization. The change requested would be to keep one floor as housing
units and convert the other floor to hotel rooms. This would allow the ability to convert some of
the larger spaces into condominiums to sell generating revenue also for the town. Barnett
acknowledged staffs arguments, but these dorm -like units were not suitable for long-term staff
to call home. He hoped the council would consider the request tonight.
Sellnau presented a PowerPoint stating the SDD for the Four Seasons Resort was passed in
2001 and received additional amendments in 2003 and 2005. A condition included in the
Resort's approved SDD was that 28 employee housing units were to be provided onsite. The
units were created and approved as dormitory style and double occupancy in order to house 56
of the employees generated by the new development. The units have never housed that many
employees. The units do not have kitchens and bathrooms are shared by 4 people. There are
no other types of facilities such as a tv room or family room for employees to use. Amendments
to SDD #36 are intended to allow for the reconfiguration of the Four Seasons that would include:
• Maintaining 12 onsite dorm rooms for J1s, H2Bs and temporary employees;
• Replacing the other 16 underutilized onsite deed -restricted employee dorm rooms with
offsite deed restrictions;
• Reconfiguring the underutilized employee housing units into hotel accommodation units;
• Reclassifying seven existing hotel accommodation units into four dwelling units.
Sellnau stated the Applicant proposed:
✓ To abandon the 1:1 bedroom approach and instead follow an employee basis count in
line with Town Code.
✓ To deed -restrict approximately 28 bedrooms within units that have adequate living,
kitchen and bathroom spaces, and within the Mitigation Region (Vail, Eagle -Vail, Avon
and Edwards core).
Siebert asked what the size of the condominiums being created are and what would they be
sold? Sellnau said there are three suites will be combined to create one condominium in total
four condominiums would be created each about 2500 square foot.
Siebert asked why the Applicant wasn't purchasing housing in town or offering these units to
other employers in town. Sellnau said there were operational issues when housing another
employers housing.
Public comment was called.
Steve Lindstrom, VLHA Chair, shared the Authority had met with the Applicant several times
regarding the amendment and they support the request.
Burgee, Vail resident, thought it was a decent solution.
Public comment was closed
Town Council Meeting Minutes of April 5, 2022 Page 13
Sellnau closed with acknowledging the solutions are not perfect but trying to improve the
housing situation for their employees. The Applicant was looking to move forward as quickly as
they could. Sellnau shared there was a contract on an Eagle Vail property pending on tonight's
decision.
Spence said the housing requirement was part of the SDD and the applicant had never
approached the town before regarding under utilized housing units. Housing should stay in
town.
Coggin understands people don't want to live in dorm units but would like to figure out a solution
with purchase of units in town and he would not support a master lease.
Mason asked if the Eagle Vail property was a master lease. Sellnau said they would be
purchasing the units and have them listed as Town of Vail deed restriction. She agreed the units
need to be in Vail.
Langmaid would like to see all housing in Vail. She felt if the town could purchase three units
tonight in the town limits than the Four Season should be able to as well.
Staufer agreed the housing needed to be in Vail.
Foley made a motion to remand the applicant back to the PEC for further considerations based
on tonight's comments; Staufer seconded the motion passed (7-0).
9.2. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a Condition of
Approval for DRB22-0035, a residential project located at 3070 Booth Creek Drive
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Uphold, overturn, or overturn with modifications, the Design
Review Board's March 2, 2022 decision.
Background: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by
Shepherd Resources Inc. AIA, requested the review of an addition to an existing single-family
home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at
3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of
5-0, approved the project with the noted condition
Staff Recommendation: Uphold, overturn, or overturn with modifications, the Design Review
Board's March 2, 2022 decision.
Spence addressed council asking that due to some issues raised by the Appellant's letter staff
was requesting this item to be continued to the next council meeting to allow time for staff to
investigate the relationship of the stream health and the encroachment.
Mire stated statute allowed for a 30-day continuance to May 3.
Wendell Porterfield, representing the Appellant, said they were just recently told of this request
as didn't understand the reason for the request. He stated there would be a financial loss to the
Appellant if there was a 30-day continuance.
Town Council Meeting Minutes of April 5, 2022 Page 14
Coggin made a motion to continue this public hearing to the May 3Id council meeting; Foley
seconded the motion passed (7-0).
9.3. Ordinance No. 3, Series 2022, Second Reading, An Ordinance Making Budget
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 quickly reviewed the changes to Ordinance No. 3, Series of 2022 upon second reading.
There was no public comment.
Council had no questions.
Coggin made a motion to approve Ordinance No. 3 Series of 2022 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 9:35
p.m.
Attest:
lit -
It
Nagel, Town Jerk
;pectfully Submittei
Langmai Mayor
Town Council Meeting Minutes of April 5, 2022 Page 15