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HomeMy WebLinkAbout2022-05-17 Town Council MinutesVail Town Council Meeting Minutes Tuesday, May 17, 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: Stan Zemler, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Citizen Participation Rick Sackbauer, Vail resident, thanked the Fire Department for helping to wash down the Golden Peak pickleball courts. Jenn Bruno, Vail resident and business owner, thanked council for their consideration of rezoning Middle Creek parcel for housing. Lindsea Stowe, Vail resident and business owner, also thanked council for their consideration of rezoning the Middle Creek parcel for housing. Stephen Connolly, Vail resident, thanked council for modifying the idling ordinance. He also noted housing was a critical issue and needed to be addressed regardless of the outcome on Booth Heights. Robyn Smith, Vail resident, supported taking action to rezone the West Middle Creek parcel whether Vail Resorts choses to partner with the town or not. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 6, Series of 2022, Celebrating 40 Years of Eagle County Paramedic Services Presenter(s): Jim Bradford and Will Dunn, Eagle County Paramedics Town Council Meeting Minutes of May 17, 2022 Page 1 Action Requested of Council: Approve Proclamation No. 6, Series of 2022. Background: Eagle County Paramedic Services provides emergency medical response service to Eagle County and portions of Garfield County, Colorado; in addition to response to emergencies, Eagle County Paramedic Services has extensive critical care, search and rescue, wildland fire EMS and community paramedic programs as well as community health education functions and Eagle County Paramedic Services owns 14 ambulances housed in stations in Vail, Avon, Edwards, Eagle and Gypsum and more than 80 employees work for the District in various roles and Eagle County Paramedic Services responded to almost 5500 calls in 2021 including 9-1-1 calls and Community Paramedic calls. Council members took turns reading Proclamation No. 6, Series of 2022 into the record. 4. Youth Scholarship Recognition 4.1. Town of Vail Scholarship Program Recognitions Presenter(s): Kim Langmaid, Mayor Background: The Town of Vail has offered a financial scholarship program for Vail seniors who have achieved academic excellence and leadership success and commitment to the Vail community. The scholarship is to help fund students who are pursuing their next chapter in life at either a college, university or technical school. The 2022 award will be given to two senior students, Celia Barrie and Amelia Blevins. Langmaid announced the recipients of the Town of Vail $5,000 Scholarships. Eagle Valley High School student Amelia Blevins and Battle Mountain High School student Celica Barrie each received the $5000 scholarship. 4.2. Colorado Grand Scholarship Award Recognition Presenter(s): Kim Langmaid, Mayor and Ed O'Brien, Colorado Grand Representatives Background: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2022 award will be given to a senior student who attends one of the local High Schools. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. Langmaid announced Battle Mountain High School student Karol Lorea was the recipient of the $10,000 Colorado Grand Scholarship. 5. Consent Agenda 5.1. Resolution No. 26, Series of 2022, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the U.S. Geological Survey Concerning Stream Access for the Purpose of Water Chemistry and Temperature Monitoring Town Council Meeting Minutes of May 17, 2022 Page 2 Background: The U.S. Geological Survey plans to undertake a study of surface water and groundwater interchange between Gore Creek and connected drinking water aquifers in Vail. In order to complete the study, USGS scientists need to place long-term temperature and conductivity monitors in Gore Creek. They have requested to access 12 sites along Gore Creek through Town of Vail public stream tract. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 26, Series of 2022 Mason made a motion to approve Resolution No. 26, Series of 2022; Foley seconded the motion passed (7-0). 5.2. Resolution No. 27, Series of 2022, a Resolution Adopting the Peer Resort Exchange Agreement and Memorandum of Understanding between the Town of Vail, Colorado and St. Moritz, Switzerland Background: The Town of Vail Town Council is interested in the activation of its peer resort exchange programs and relationships with other similar mountain resort communities to provide a platform that encourages the bilateral exchange of information, establishes cooperation and collaboration on relevant resort and community initiatives, and presents opportunities to exchange experiences related to the important topics of sustainability, tourism, economy, environment, and community. The resolution and agreements (and MOU) have been executed by St. Moritz officials. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 27, Series of 2022 Staufer made a motion to approve Resolution No. 27, Series of 2022; Foley seconded the motion passed (7-0). 5.3. Letter of Support for the Colorado Outdoor Recreation and Economy (CORE) Act Background: At the request of the Council, a letter of support for Mayor Langmaid's signature on behalf of the Vail Town Council is provided. Staff Recommendation: Approve, approve with modifications, the CORE Act letter of support, and direct staff to forward to Colorado congressional representatives. Mason made a motion to direct staff to forward the CORE Act letter of support to Colorado congressional representatives; Staufer seconded the motion passed (7-0). 5.4. Professional Services Agreement for the July 4 Drone Show Background: Staff presented a plan to Town Council in March 2022 to replace the traditional July 4 fireworks with a custom drone show. Staff Recommendation: Direct the Town Manager to enter into an agreement with Verge Aero in an amount not to exceed $100,000, for the production of the July 4th Drone Show, on a form approved by the Town Attorney. Town Council Meeting Minutes of May 17, 2022 Page 3 Staufer made a motion to authorize the Town Manager to enter into an agreement with Verge Aero in an amount not to exceed $100,000; Mason seconded the motion passed (7-0). 5.5. Statewide Pesticide Applicator Act Background: The State Pesticide Applicator Act includes a preemption on local regulation of pesticides and landscaping chemicals. The Gore Creek Strategic Plan identifies "Pesticides, Herbicides, Fertilizers, and Insecticides" among the primary causes of impairment in Gore Creek. It would benefit the larger Restore the Gore effort if that local preemption were to be lifted and the Town were empowered to better regulate the use of landscaping chemicals within its jurisdiction. Staff Recommendation: Approve the comments drafted by the Environmental Sustainability Department. Mason made a motion to approve the comments regarding the Statewide Pesticide Applicator Act; Foley seconded the motion passed (7-0). 5.6. Contract Award to Gillig Battery to Replace the Electric Buses Background: The TOV owns and operates 33 transit buses, the buses are on a 12 year replacement plan, which is consistent with FTA requirements that a transit bus be designed and operate for a minimum of 12 years. The manufacturer is stating that current order build dates are out to 2024 due to supply chain issues that are affecting everyone. The bus replacement plan has six buses to be replaced in 2023 that will be battery electric. Staff Recommendation: Authorize the town manager to enter into a contract a form approved by the Town Attorney to purchase 6 Gillig Battery Electric Buses in the amount not to exceed $5,514,450. Mason made a motion to authorize the Town Manager to enter into a contract to purchase 6 Gillig Battery Electric Buses in an amount not to exceed $5,514,450; Staufer seconded the motion passed (7-0). 6. Town Manager Report 6.1. Town of Vail's Alternatives for Housing Correspondence to Vail Resorts Zemler read a portion of a letter sent from the mayor to Vail Resorts detailing alternative housing options and requesting to collaborate with the company on alternatives in lieu of the Booth Heights development. One option was to rezone West Middle Creek parcel for housing. Davis made a motion to direct the Town Manager to begin the process to rezone the West Middle Creel parcel General Use area to Natural Area of Preservation; the Frontage Road parcel rezone for housing and a subdivision application to allow the creation of lots; Mason seconded the motion passed (7-0). 7. Action Items Town Council Meeting Minutes of May 17, 2022 Page 4 7.1. Resolution No. 24, Series of 2022, a Resolution of the Vail Town Council Making Findings on the Appeal of DR1322-0035, Concerning a Residential Project Located at 3070 Booth Creek Drive, Vail, Colorado and upholding the Decision of the Design Review Board, with a Modified Condition of Approval Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 24, Series of 2022. Background: On May 3, 2022, the Town Council held a properly noticed hearing on the appeal, and the Applicant was provided with an opportunity to present evidence in support of its appeal. Following the hearing, the Town Council directed the Town Attorney to prepare a Resolution with written findings regarding the appeal. Coggin made a motion to approve Resolution No. 24, Series of 2022; Foley seconded the motion passed (7-0). 7.2. Ordinance No. 7, Series of 2022, First Reading, an Ordinance Amending Title 12 and Title 14 of the Vail Town Code to Amend the Regulations for Building Design and Landscaping in the Wildland Urban Interface to Reduce the Risk of Wildfire Presenter(s): Paul Cada, Wildland Fire and Jonathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2022, upon first reading. Background: The Planning and Environmental Commission (PEC) heard this application on February 14th, 2022. The PEC had concerns on removing the minimum 500 square feet exemption and voted (7-0) to recommend approval with the condition that the exemption relating to additions under 500 square feet in Section 12-11-3 remain. At the May 3rd Town Council meeting, during the review of the building code update, Council indicated they were in support of removing this exemption and the Ordinance has been amended accordingly. Staff Recommendation: The Planning and Environmental Commission recommend approval, on first reading, of Ordinance No.7, Series of 2022. Cada reviewed Ordinance No. 7, Series of 2022 with council. The proposed changes were to sections of Town Code that were all amended in 2019 as part of the last round of Wildland Urban Interface ("WUI") regulations. The intent of this update was to include reskinning projects that currently are not required to comply with WUI regulations. Cada stated the revisions would also clarify the definition of roofs when applying the regulations to a mansard roof, so that all parts of the mansard roof must meet the regulations. Additionally, this ordinance included language to remove the minimum size of an addition that would qualify to require compliance with the WUI regulations. There was no public comment. Town Council Meeting Minutes of May 17, 2022 Page 5 Foley made a motion to approve Ordinance No. 7, Series of 2022 based upon a review of Section VII of the February 14, 2022 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; Mason seconded the motion passed (7-0). 7.3. Ordinance No. 11, Series of 2022, First Reading, an Ordinance Replacing Chapter 14 of Title 4 of the Vail Town Code to Update Short -Term Rental Regulations and License Requirements Presenter(s): Kathleen Halloran, Director of Finance and Alex Jakubiec, Revenue Manager Action Requested of Council: Approve or approve with amendments First Reading Ordinance No. 11, Series 2022 Background: Based on feedback received during the short-term rental (STR) study presented at the January 17, February 15, March 15, and April 5, 2022, Vail Town Council meetings the attached Ordinance No. 11, Series 2022 is presented for consideration. At the last meeting, Council supported an increase in penalties for violations, requirements for increased insurance, fire safety inspections and an increase in license fees to cover administration costs. Council also supported a per -bedroom fee to fund housing initiatives, but a fee amount was not yet determined. Staff Recommendation: Approve or approve with amendments First Reading Ordinance No. 11, Series 2022 Jakubiec presented Ordinance No. 11, Series of 2022 with council based on feedback received during the short-term rental (STR) study presented at the January 17, February 15, March 15, and April 5, 2022. Council supported an increase in penalties for violations, requirements for increased insurance, fire safety inspections and an increase in license fees to cover administration costs. Jakubiec stated the main question remaining for Council to consider was a "per -bedroom fee" intended to deter property owners from converting their units to short-term rentals and at the same time raise revenues for the purpose of lessening the influence of STIRS on locals housing. All funds raised by a per -bedroom fee would be allocated to the town's Housing Fund and used for housing programs, initiatives, and developments. Jakubiec stated Ordinance No. 11, Series of 2022 would: 1. Increase fines and penalties for violations of the STR code to $1,500 (first violation) and $2,650 (second violation / unlicensed unit) 2. Late fees for license renewals of $250 and a $150 flat license fee to cover administrative costs 3. An update to health and safety standard requirements for STRs including Fire Department inspections and proof of adequate insurance Town Council Meeting Minutes of May 17, 2022 Page 6 Jakubiec shared a per bedroom fees had been included in the ordinance wording, with the dollar amount left blank until tonight's discussion, if council supported that requirement. Davis stated his concern was that Zone 1 and Zone 2 are very different. He thought Zone 1 historically had STR's where Zone 2 effect the neighborhood. The per bedroom doesn't seem fair and thought a use tax might be more appropriate. Seibert agreed with Davis's statement. Public comment was called. Steven Flare, STR owner, did not agree with the per bedroom fee. Kim Rediker, Vail resident, felt there would be unintended consequences that would occur if council approved an annual per bedroom fee. She suggested a lodging community working group be formed to discuss reasonable options and asked council to table the ordinance. Mike Lange, general manager of Lion Square Lodge, expressed concerns and agreed with Rediker's statement about the ordinance as drafted and creating a working group. He did agree with the registration. John Rediker, Vail resident, expressed concern about the per bedroom fee. He felt the ordinance would negatively impact the working population in Vail due to the high cost to implement and the per bedroom proposal was a tax rather than a fee. Stephen Connolly, Vail resident, suggested the modifications would punish owners who are participating in offering short-term rentals. He suggested looking at the real problem was impacting housing. Meredith Rinker, owner at Lion Square Lodge, asked about the purpose of the bedroom fee. She supported the earlier recommendation to form a working group to explore alternatives. Greg Sowa, STR owner, disagrees with the ordinance and there were false assumptions regarding STR. He did agree to the fee increase. He asked why STR's would be required to have safety inspections and long term rentals don't have the same requirement. Susan Bird, Vail resident, asked how the ordinance would affect the properties outside of town limits like Streamside and Highland Meadows. Public comment was closed. Staufer agreed with the $150 registration fee and the life safety requirements. He proposed the $1200 per bedroom for properties that have onsite property management. Seibert agreed on the registration fee in and safety requirements. He did not agree with the per bedroom fee. Town Council Meeting Minutes of May 17, 2022 Page 7 Foley agreed with Seibert and Staufer of the registration fee and safety requirements. He was also in favor of the increase of penalties and the 3-strike rule. He questioned the per bedroom fee. Coggin didn't think the STR's were impacting the rental housing market. He did not support the bedroom fee and questioned the insurance requirement of $1 M, but supported the increase of registration fee, penalty fee. Davis and Mason agreed with everyone's comments, and he did support the registration fee increase. Langmaid agreed with everyone's statement and suggested passing the ordinance on first reading to allow staff to research the insurance requirements. Davis inquired about signage at homes that would provide the license number and a 24-hr. contact to be posted at the door. Staufer made a motion to approve Ordinance No. 11, Series of 2022 upon first reading with the removal of section 4-14-4; Mason seconded the motion passed (7-0). 7.4. Review and Approve Recommended Summer Parking Program 2022 Presenter(s): Greg Hall Director of Public Works and Transportation, and Stephanie Kashiwa, Parking Operations Manager Action Requested of Council: Provide direction to the staff regarding the recommended Summer 2022 Parking Program to include: • Direct staff to modify the paid overnight fee program put in place during the summers of 2018, 2019 and 2021, with the elimination of the Hotel, Condo free voucher program. • Set the overnight fee associated with the program. Background: The purpose of this item is to: • Provide Town Council the Parking recommendation for the Summer 2022 Parking Program • Request Town Council approve the Summer 2022 Parking Program Staff Recommendation: Staff recommends the Town Council approve the staff recommendations and overnight fee for the Summer 2022 Parking Program. Hall reviewed the memorandum that was in the council's packet. The recommended Summer Parking Program for 2022: • Summer paid overnight parking would begin June 13 after Go Pro due to the timing of the installation of the new system for the same time period of 4 AM to 5 AM. • Consider an overnight rate for Lionshead and Vail Village parking structures of $20- $25 • Red Sandstone Structure rate for the first 72 hours was free after that the rate should match the rate of the Lionshead and Vail Village $20-$25/night. • Oversized/Overnight parking rate of $25/night in the West Vail location. ✓ Raise the max stay from 3 days to 5-days. • Free overnight employee parking pass available with a verification process. Town Council Meeting Minutes of May 17, 2022 Page 8 • Free summer parking pass for Winter 2021/2022 Gold/Silver/Blue pass holders with a verification process — no guaranteed spot • New $500 pass for summer overnight parking valid in Lionshead, Vail Village and Red Sandstone School Structures which would require verification of ownership in previous voucher designated areas. • Continue the safe travel home overnight exemption • No hotel/condo voucher program — lowered nightly rate to accommodate the cost impact. Public comment was called. Staufer made a motion to approve the recommended Summer Parking Program 2022 with the suggested $25.00 per night fee; Foley seconded the motion passed (7-0). 8. Public Hearings 8.1. Resolution No. 25 Series of 2022 approving an Intergovernmental Agreement between The Towns of Avon. Eagle, Gypsum, Minturn, Red Cliff and Vail Eagle County and Beaver Creek Metro District with the intent to agree to form a Regional Transit Agency Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Conduct the second of two statutory public hearings on the formation of the Regional Transit Authority and consider Resolution No.25 Series of 2022 approving an Intergovernmental Agreement between The Towns of Avon. Eagle, Gypsum, Minturn, Red Cliff and Vail Eagle County and Beaver Creek Metro District Background: On May 3, the first of two mandatory public hearings was conducted by the Vail Town Council concerning the approval of an Intergovernmental Agreement with the intent to form a regional transportation authority within Eagle County. The Agreement will need to be amended prior to approving the specific formation and funding ballot to be placed on the November General Election for the voters of Vail to consider. Staff Recommendation: Approve Resolution No. 25 Series of 2022 approving an Intergovernmental Agreement between The Towns of Avon. Eagle, Gypsum, Minturn, Red Cliff and Vail Eagle County and Beaver Creek Metro District with the intent to agree to form a Regional Transit Agency and place ballots for the Vail electorate to form and fund the RTA in the upcoming November General Election. Bill Rey, RTA project team member, acknowledged council had already seen a presentation about the proposed formation of a Regional Transit Authority and asked if they had any questions about the resolution. Rey explained the next steps including establishing ballot language to be considered for the November 2022 election. Foley asked how neighboring towns that are part of the resolution responding to this project. Rey stated was impressed with the collaboration between the communities and at this point are still working together. Council had no further questions. Town Council Meeting Minutes of May 17, 2022 Page 9 There was no public comment. Davis made a motion to approve Resolution No. 25, Series of 2022; Foley seconded the motion passed (7-0). 8.2. Ordinance No. 6, Series of 2022, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to Establish Setbacks from Gore Creek and its Tributaries Presenter(s): Peter Wadden, Watershed Education Coordinator and Greg Roy, Senior Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2022, upon second reading. Background: The Gore Creek Strategic Plan, adopted by Vail Town Council in 2016, identifies the loss of riparian (streamside) vegetation as one of the three main causes of declining water quality in Gore Creek. The Plan recommends Town of Vail "update stream setbacks, riparian zones, vegetative buffer zones and other water quality objectives definitions and maps (Title 12 Review and Amendments)." The Planning and Environmental Commission (PEC) heard this application at seven different meetings and forwarded a recommendation of approval on March 14th, 2022. Staff Recommendation: Approve second reading Ordinance No. 6, Series of 2022 Spence stated there were no changes to Ordinance No. 6, Series of 2022 since first reading of Ordinance No. 6, Series of 2022. Public comment was called. John Rediker, Vail resident and member on PEC, agreed with the ordinance and thanked staff for their efforts. Council had no comments. Staufer made a motion to approve Ordinance No. 6, Series of 2022 upon second reading; Foley seconded the motion passed (7-0). 8.3. 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. Presenter(s): CJ Jarecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance Number 8, Series of 2022. Town Council Meeting Minutes of May 17, 2022 Page 10 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 stated there were no changes to Ordinance No. 8, Series of 2022 since first reading. There was no public comment. Council had no questions. Staufer made a motion to approve Ordinance No. 8, Series of 2022; Foley seconded the motion passed (7-0). 8.4. Ordinance No. 9, Series of 2022, Second 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, on second 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 on second reading. Spence stated there were no changes to Ordinance No. 9, Series of 2022 since first reading. There was no public comment. Council had no questions or comments. Davis made a motion to approve Ordinance No. 9, Series of 2022 upon second reading; Foley seconded the motion passed (7-0). 8.5. Ordinance No. 10, Series of 2022, Second Reading, An Ordinance Amending Section 6-313-4.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 second reading of 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. Town Council Meeting Minutes of May 17, 2022 Page 11 Staff Recommendation: Approve, approve with amendments or deny second reading of Ordinance No. 10, Series of 2022. Mire sated there were no changes to Ordinance No. 10, Series of 2022 since first reading. There was no public comment. Council had no questions or comments. Coggin mad a motion to approve Ordinance No. 10, Series of 2022 upon second reading; Davis seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Mason seconded the motion which passed (7-0) and the meeting adjourned at 8:31 p. M. Attest: WM m gel, Tow Cie ^ Ily Subm' J C / Town Council Meeting Minutes of May 17, 2022 Page 12