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HomeMy WebLinkAbout2022-05-03 Town Council MinutesVail Town Council Meeting Minutes Tuesday, May 3, 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: Staff members present: Citizen Participation Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tern Barry Davis Kevin Foley Jenn Mason Pete Seibert Jonathan Staufer Stan Zemler, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Rick Sackbauer, Vail resident, thanked Charlie Turnbull and his Public Works crew for clearing the snow at Golden Peak to make room for pickleball parking. Dave Chapin, Vail resident, thanked Vail Valley Foundation for a great line up of concerts at the Gerald Ford Amphitheater. Also suggested announcement by Vail Resorts to extend ski season should come a little earlier than what happened this year. He also inquired about a fence in East Vail and other matters. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 5, Series of 2022, Wildfire Preparedness Month Presenter(s): Paul Cada, Wildland Program Manager Background: This is a joint proclamation of Eagle County and the Towns within Eagle County declaring May to be Wildfire Awareness Month. Citizens are encouraged to take action to reduce the wildfire threat and prepare for a potential wildfire. Staff Recommendation: Approve Proclamation No. 5, Series of 2022 Council members took turns reading Proclamation No. 5, Series of 2022 into the record. Town Council Meeting Minutes of May 3, 2022 Page 1 4. Consent Agenda 4.1. April 5, 2022 Town Council Meeting Minutes Foley made a motion to approve the April 5, 2022 meeting minutes; Davis seconded the motion passed (7-0). 4.2. April 19, 2022 Town Council Meeting Minutes Davis made a motion to approve the April 19, 2022 meeting minutes; Coggin seconded the motion passed (7-0). 4.3. Resolution No. 20, Series of 2022, A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2022 Through December 31, 2022. Action Requested of Council: Approve, approve with amendments or deny Resolution No. 20, Series of 2022. Background: See attached memo. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 20, Series of 2022. Mason made a motion to approve Resolution No. 20, Series of 2022; Coggin seconded the motion passed (7-0). 4.4. Resolution No. 21, Series of 2022, a Resolution Approving an Agreement between the Town of Vail and the State of Colorado Department of Human Services for Co - Responder Mental Health Services Background: The Intergovernmental Agreement with the State of Colorado Department of Human Services for mental health service is necessary and will promote the health, safety, morals, and general welfare of the Town. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 21, Series of 2022. Foley made a motion to approve Resolution No. 21, Series of 2022; Staufer seconded the motion passed (7-0). 4.5. Resolution No. 23, Series of 2022, A resolution approving the purchase of residential property known as Pitkin Creek Condominium Unit 5-L, 3931 Bighorn Road, Vail CO. 81657 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 23, 2022 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 23, 2022 Town Council Meeting Minutes of May 3, 2022 Page 2 Coggin made a motion to approve Resolution No. 23, Series of 2022; Davis seconded the motion passed (7-0). 5. Town Manager Report 5.1. Community Picnic Updates Background: Bighorn Park Picnic July 19, 2022; Donovan Park Picnic August 9, 2022 Zemler stated the community picnics would be held July 19 at Bighorn Park and Aug. 19 at Donovan Park. 6. Action Items 6.1. Resolution No. 22, Series of 2022, A Resolution of the Vail Town Council Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open Space Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 22, Series of 2022 Background: During the April 19th Town Council directed the Town Attorney to return to the May 3rd meeting with a resolution to exercise the power of eminent domain for the acquisition, by condemnation, of a fee interest in the Booth Heights parcel as open space is necessary and serves a public purpose. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 22, Series of 2022. Mire presented Resolution No. 22, Series of 2022 to council explaining the resolution would be used as a process of good faith negotiation. Mayor asked for public comment. Greg Willis, Vail Resort employee, stated he supported Vail resorts employee housing project. He suggested council should not pass the resolution. Alex Boian, Vail Resort employee, stated he supported housing in East Vail. He stated affordable housing was a national issue, but the housing issue here was at crisis level. He hoped council would not pass the resolution. Nadia Guerriero, Vail Resort employee, said the East Vail housing project was right for the community. She hoped council would not pass the resolution. Terry Meyers, Rocky Mountain Bighorn Society, expressed his concerns about the survival of the East Vail sheep herd if Vail Resorts East Vail project went forward. He hoped council would pass resolution. Town Council Meeting Minutes of May 3, 2022 Page 3 Brian Stockmar, Vail resident, expressed support for Resolution No. 22 saying the development would have critical results of depletion of the sheep in East Vail. Karen Tobin, Vail Resort employee, supported affordable housing and hoped council would not pass the resolution. Tom Vucich, Vail resident, recalled the months of attempted negotiations by the Town Council to find an alternative housing site and supports condemnation action. Cindy Ryerson, Vail resident, supported council moving forward passing the resolution. She suggested Vail Resort build their housing on their Ever Vail site. Bobby Lipnick, Vail resident, he stated it was discriminating to employees to condemn the Vail Resort parcel. He felt we need affordable housing. Lipnick hoped council would not pass the resolution. Todd Winslow Pierce said Vail's economic prosperity had depended on the environment and the presence of wildlife. While he appreciated the need for housing, he stated the East Vail site was not the right location. There are other options for housing, such as Ever Vail. Betsey Kiehl was in support of condemnation. She encouraged council to move forward with passing the resolution. Chris Romer, Vail Valley Partnership, supported housing in Vail Resorts property. He hoped council would pass not pass the resolution. Ted Simonett of East Vail is sharing his concerns about the welfare of the bighorn sheep herd. Elyse Howard, Vail resident, stated workers want to work where they live. She hoped council would not pass the resolution. Chris Mills Vail resident and Vail Resort employee advocated in support of the housing project Doug Schofield, senior manager of health and safety for Vail Resorts, and a 32 year resident advocated in support of the East Vail housing development. Jenn Bruno, Vail resident, stated Vail businesses were losing employees due to the lack of affordable housing. She hoped council would not pass the resolution. Rebecca Gould, Vail resort employee, stated employees were leaving the valley due to the lack of housing options. She hoped council would not pass the resolution. Blondie Vucich, Vail resident, hoped council would move forward and pass Resolution No. 22. Tom Ryerson, Vail resident, stated he didn't appreciate that East Vail was being labeled a NIMBY (Not in my Back Yard). He stated there were alternative sites where the affordable housing project would be better. He hoped council would move forward with passing the resolution. Kate Schifani, Vail Resort employee, supported affordable housing on Vail Resorts East Vail parcel. She hoped council would not pass the resolution. Town Council Meeting Minutes of May 3, 2022 Page 4 Hilary Magner supported affordable housing. She expressed concern about the housing crisis the valley was facing. She hoped council would not pass the resolution. Karen Tannenbaum supported Vail Resorts housing project in East Vail. He hoped council would not pass the resolution. Mike Browning, Vail resident, said there was no other choice for the bighorn sheep to survive. Vail Resorts had other property to build housing on. Andreas Hari suggested the project go to a vote in November and let the people of Vail decide what should happen with the East Vail parcel. Susan Bird, Vail resident, expressed concern for the bighorn sheep herd survival if Vail Resort moved forward with the project. She hoped council would pass the resolution. Samantha Biszantz, Vail resident and business owner, urged council to not pass the resolution and to commit to working together to resolve the issue. Charlyn Canada, Vail resident, talked about the importance of the bighorn sheep herd and supported efforts to preserve the herd. Bart Cuomo stated Vail needed more affordable housing and must rely on the private sector to assist. Cuomo stated we're already surrounded by open space. Hillary Magner, Vail business owner, shared her concern on the impacts regarding the lack of affordable housing in Vail. Trey Milhoan stated only 7,000 bighorn sheep remain in Colorado and there are limits to what wildlife can tolerate. He asked council to stand on conservation principles. Marco Valenti, Vail resident and area manager for Vail Resorts retail, spoke in favor of moving forward with housing in East Vail, noting the challenges in recruiting and retaining employees. Karen Perez, Vail resident and a member of the Planning and Environmental Commission, stated she's concerned with the proposed condemnation path and erosion of public trust. She expressed concerne about private property rights. Pam Stenmark, Vail resident, expressed support of moving forward with condemnation. John Dawsey, vice president of hospitality for Vail Resorts, spoke in support of the East Vail development. Dave Chapin stated condemnation required good faith negotiations. He asked council to reach out to Vail Resorts. Bill Rock, Vail Resorts senior vice president, mountain division, stated condemnation would be an extreme action by council. He stated Vail Resorts was always available to talk but also expressed the company's commitment to move forward with the East Vail development. Town Council Meeting Minutes of May 3, 2022 Page 5 Pete Feistmann, Vail resident, questioned why Vail Resorts did not partner with the town on The Residences at Main Vail development. Public comment was called. Seibert said the town was willing to work with VR and hoped they would come to the table for negotiations. Foley supported condemnation. He reminded the audience the council had just approved a Timber Ridge long term lease with Vail Resorts. He stated VR needed to come to the table to begin negotiations. Staufer said if the project was built in East Vail, the sheep would starve die. Staufer said the town and VR could partner on Timber Ridge and the Ever Vail site. He was in favor of condemnation. Mason said the town had done a lot for housing since she's been on council, including Chamonix Vail and Solar Vail. She said the town had tried to partner with Vail Resorts for the last two years. She stated it was only when the town used the condemnation option that it finally got Vail Resorts' attention. She supports condemnation. Coggin stated he would be voting against condemnation. He felt there was a risk with the unknown cost and hoped things could be worked out. He believed there are other options than condemnation. Davis felt condemnation should a last resort. He believed there are options to collaborate. He'd like to exhaust all options first. Langmaid stated she would be voting to approve the resolution to move forward with good faith negotiations. She was positive there was a solution. Foley made a motion to approve Resolution No. 23, Series of 2022; Staufer seconded the motion passed (4-3'Coggin, Seibert and Davis opposed). 6.2. Ordinance No. 9, Series of 2022, First Reading, An Ordinance Correcting Various Sections of Title 12 of the Vail Town Code to Reflect Changes in the State Law Presenter(s): Johnathan Spences, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2022, upon first reading. Background: During a routine audit, American Legal Publishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised Statues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references. Staff Recommendation: Approve Ordinance No. 9, Series of 2022 upon first reading. Spence quickly reviewed Ordinance No. 9, Series of 2022 with council stating the ordinance would correct outdated references in the Town Code. Town Council Meeting Minutes of May 3, 2022 Page 6 There was no public comment Council had no questions. Foley made a motion to approve Ordinance No. 9, Series of 2022 upon first reading; Coggin seconded the motion passed (7-0). 6.3. Ordinance No. 10, Series of 2022, An Ordinance Amending Section 6-3D4.a.4. of the Vail Town Code, Regarding Harassment Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022. Background: The Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-9-111(1)(e), was an impermissible restriction on free speech. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022. Mire reviewed Ordinance No. 10, Series of 2022 with council. There was no public comment Council had no questions. Foley made a motion to approve Ordinance No. 10, Series of 2022 upon first reading; Staufer seconded the motion passed (7-0). 7. Public Hearings 7.1. 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. Town Council Meeting Minutes of May 3, 2022 Page 7 Spence spoke to council regarding the appeal of the Design Review Boards March 2, 2022 decision meeting, by a vote of 5-0, approved the project with the noted condition for the property known as 3070 Booth Creek Drive, Vail Village Filing No. 11, Block 3, Lot 7. The DRB's condition to the appeal was prior to submitting for a building permit, the applicant shall cause to be removed all existing private improvements, including sod, located on Vail Village Filing 11, Tract C. Wendell Porterfield, Otto Porterfield and Ayres LLC, spoke on behalf of the Applicant, Delponte Residence Trust. Porterfield provided the history of the property noting a previous lawsuit with the town regarding a condemnation of a parcel known as Tract C, which the town was unsuccessful in accomplishing. Tract C is part of the 11th Filing but is adjacent to a number of lots including the Delponte property. Porterfield said the Applicant's DRB application that was filed with Community Development did not have any impact on Tract C and all work would be the on the property owned by Delponte Trust. Porterfield felt the condition was very broad and stated there was nothing in the code that could propose a condition to do something that had nothing to do with the application, plus the condition had nothing to do with the site or work itself. Porterfield stated the reason for the condition was to gain what the town was not able to get through the lawsuit. Bert Willemse, Shepherd Resources, Inc AIA, also spoke on behalf of the Applicant about his experience with community development and the DRB process for the project. He stated there were communications between himself and Spence prior to the DRB hearing to ensure the project would be in compliance. On the day of the hearing, it was told to him about the condition for the approval. Spence corrected the record by stating Shepard Resources was informed prior to the application being filed there were due to the pending violations on the property. Porterfield stated the issue was the application could not be denied for submittal because the town had a problem with the past lawsuit. After the town had internal discussions, it was then decided the application could be filed. It was at the hearing when the Applicant was told about the broad condition. There was no public comment. Coggin made a motion that we close the public portion of this hearing, and direct the Town Attorney to prepare written findings and conclusions, for the Town Council's consideration and formal adoption at the next regular meeting of the Town Council, consistent with the following: The Applicant and its predecessor in interest in the Property have installed and maintained numerous encroachments within the stream tract for Gore Creek, including a patio, flagstone, decorative planters, benches, patio furniture, turf grass, sod, and in -ground irrigation infrastructure. These encroachments constitute a violation of Vail Town Code 5-14-4 and have caused and continue to cause damage to the stream tract for Gore Creek. Removal of such encroachments will prevent further damage to the Gore Creek stream tract, and the public health, safety and welfare will be served by their removal. The Town Council therefore upholds the DRB's decision, but modifies the condition of approval, consistent with the following: Prior to submitting an application for a building permit, the Applicant shall remove all encroachments from the stream tract in that portion of the utility easement within Tract C adjacent to the Property including the patio, flagstone, decorative planters, benches, patio Town Council Meeting Minutes of May 3, 2022 Page 8 furniture, turf grass, sod and in -ground irrigation infrastructure; Davis seconded the motion passed (7-0). Porterfield returned to the podium and stated there was no evidence in this record to support the findings that were just made. 7.2. Regional Transportation Authority Public Hearing on Draft Intergovernmental Agreement Presenter(s): Greg Hall Director Public Works and Transportation and Tanya Allen ECO Transit Director Action Requested of Council: • Open the public hearing and begin with a brief presentation regarding the draft Intergovernmental Agreement to form a Regional Transportation Authority • Seek public comment on the draft IGA during the public hearing • Provide Town Council input on the draft IGA Background: The purpose of this item is to conduct the first of two public hearings regarding an Intergovernmental Agreement to form a Regional Transportation Authority. The actions of the council agenda include: • A brief presentation of the draft Intergovernmental Agreement • Conduct a public hearing to receive input on the draft Intergovernmental Agreement • Provide Town Council input on the draft Intergovernmental Agreement, a second public hearing will be held by the Town Council May 17, regarding a resolution approving the IGA. Staff Recommendation: Conduct the public hearing allowing public comment on the draft IGA as well as provide Town Council input on the draft IGA. Allen, ECO Transit Director, presented the material provided in the council's packets. Allen shared the RTA timeline starting from April/May with public hearings with local government to Nov. 8 when the ballot question would go to the voters. Establishing an RTA had several formal processes defined by state law beginning with an Intergovernmental Agreement (IGA) that establishes a Board of Directors that consists of one elected official from each member entity and contemplates funding. Council had no questions. Langmaid thanked Allen for her presentation and looked forward to hearing more about the Intergovernmental Agreement at the May 17 meeting. 7.3. Ordinance No. 8, Series of 2022, an Ordinance Repealing and Reenacting Title 10, Chapter 1 of the Vail Town Code and Adopting by Reference the 2021 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code, and the 2020 Edition of the National electrical Code, with Amendments; and Adopting the 1997Edition of the Uniform Code for the Abatement of Dangerous Buildings, with Amendments. Town Council Meeting Minutes of May 3, 2022 Page 9 Presenter(s): CJ Jarecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance Number 8, Series of 2022. Background: The building codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate. This allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry. Staff Recommendation: Approve Ordinance Number 8, Series of 2022 as submitted. Jarecki reviewed Ordinance No. 8, Series of 2022. There was no public comment Council had no questions Foley made a motion to approve Ordinance No. 8, Series of 2022 upon first reading; Coggin 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 10:02 p.m. Attest: ammy gel, Town erk~ Respectfully Submitted, �e ai , Mayor C' 0RAi�''' Town Council Meeting Minutes of May 3, 2022 Page 10