HomeMy WebLinkAbout2022-06-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 7, 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
1. Citizen Participation
Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tern
Barry Davis
Kevin Foley
Jenn Mason
Pete Seibert
Jonathan Staufer
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Sarah Franke, Vail Valley Foundation, reminded everyone the GoPro Mountain Games were
this week and it was the 20th anniversary of event.
Ronda Helton and Caitlyn Murray, Bravo!Vail, invited everyone to take part in 35th season of
the Bravo!Vail Music Festival which began June 23.
2. Any action as a result of executive session
Mason made a motion to authorize the Town Manager to send correspondence to Vail Resorts
regarding the East Vail Booth Heights parcel; Staufer seconded the motion passed (7-0).
3. Appointments for Boards and Commissions
3.1. Vail Local Housing Authority Appointment (VLHA)
Presenter(s): Kim Langmaid, Mayor
Staff Recommendation: Appoint one member to the Vail Local Housing Authority for a partial
term ending May 31, 2026.
Davis made a motion to appoint Dan Godec to serve a partial term ending May 31, 2026 on the
Vail Local Housing Authority; Mason seconded the motion passed (7-0).
4. Consent Agenda
Town Council Meeting Minutes of June 7, 2022 Page 1
4.1. Resolution No. 28, Series of 2022, A Resolution Adopting the Town of Vail Permit
and Inspection Fee Scheduled as Maintained by the Community Development
Department
Background: The Community Development Department is tasked with reviewing and issuing
building construction permits and maintaining the Town's Permit and Inspection Fee Schedule.
The previous Permit and Inspection Fee Schedule was approved within the code adoption
ordinance and not as a resolution. The only change to Town Permit and Inspection Fee
Schedule is to correctly align each permit fee increment that was found
to be incorrect, and to clean up language within the schedule.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 28, Series
of 2022.
Foley made a motion to approve Resolution No. 28, Series of 2022; Staufer seconded the
motion passed (7-0).
4.2. Resolution No. 32, Series of 2022, A Resolution Approving a First Amendment to
Employment Agreement between the Town of Vail and Stan Zemler
Background: On April 19, 2022 the Town of Vail entered into an employment agreement
whereby the Town employed the services of Stan Zemler as the Interim Town Manager as
allowed by the Town Charter and wish to amend the agreement.
Staff Recommendation: Approve, approve with amendments or deny Resolution 32, Series of
2022.
Davis made a motion to approve Resolution No. 32, Series of 2022; Mason seconded the
motion passed (7-0).
4.3. Contract Award to Hallmark Inc. for Donovan Park Pedestrian Bridge Deck
Rehabilitation
Background: Staff received 3 bids for the Donovan Park Pedestrian Bridge Deck Rehabilitation
Project from Hallmark, Inc., Kraemer North America and ABCO Contracting with Hallmark the
apparent low responsible bidder. The project is budgeted with the recreation paths and trails
RETT budget and is within budget. The existing pedestrian bridge over the Gore Creek is
located on the south end of Donovan Park and adjacent to the Matterhorn Circle vehicular
bridge over Gore Creek connecting the neighborhood to the south to the park. The existing
bridge deck has significant spalling and will continue to get worse with each freeze/thaw cycle.
Work includes removal of the existing bridge deck and installation of a new concrete bridge
deck. The project is scheduled to be completed by September 2, 2022.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Hallmark, Inc to complete the Donovan Park Pedestrian
Bridge Deck Rehabilitation Project in the amount not to exceed $123,453.50.
Mason made a motion to authorize the Town Manager to enter into an agreement with Hallmark
Inc in the amount not to exceed $123,453.50; Davis seconded the motion passed (7-0).
Town Council Meeting Minutes of June 7, 2022 Page 2
5. Town Manager Report
5.1. Update on Temporary Structures
Zemler provided an update on temporary structures at Mountain Standard, Moe's, and the Little
Diner and received Town Council approval to extend the temporary use until Aug. 31 to allow
property owners to go through town review process. Zemler also thanked Patty McKenny for her
loyal commitment to the town for the last eight years while serving as town clerk and assistant
town manager. Zemler wished her well on her new position with the Town of Avon.
6. Action Items
6.1. Ordinance No. 4, Series of 2022, First Reading, An Ordinance Amending
Ordinance No. 20, Series of 2005, Providing for a Major Amendment to Special
Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special
Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and
Setting Forth Details in Regard Thereto
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Table this item to the June 21, 2022 meeting to allow time for the
applicant and staff to coordinate on potential revisions to Ordinance No. 4, Series of 2022.
Background: On May 9, 2022, a revised application that proposed to relocate the onsite housing
to locations both within the Town of Vail and the adjacent Eagle -Vail community. A portion of the
obligation was proposed to be satisfied through the purchase of seven (7) deed restrictions
(2-bedroom units) in an existing multifamily building located in Eagle -Vail. The remainder of the
obligation is proposed to be met through in -town deed restrictions. Following the applicant's
presentation and a lengthy discussion, the commission voted 4-1 (Lipnick opposed) to forward a
recommendation of denial to the Town Council for the revised application.
Staff Recommendation: Table this item to the June 21, 2022 meeting to allow time for the
applicant and staff to coordinate on potential revisions to Ordinance No. 4, Series of 2022.
Davis made a motion to table Ordinance No. 4, Series of 2022 to the June 21s' Town Council
meeting pursuant to the Applicants request; Mason seconded the motion passed (7-0).
7. Public Hearings
7.1. Ordinance No. 7, Series of 2022, Second 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 Greg Roy, Senior Planner
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 7,
Series of 2022, upon second 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
Town Council Meeting Minutes of June 7, 2022 Page 3
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: Approve, approve with modifications, or deny Ordinance No. 7, Series
of 2022, upon second reading.
Cada reviewed Ordinance No. 7, Series of 2022 with council stating there were no changes
since the first reading.
There was no public comment.
Council had no questions.
Davis made a motion to approve Ordinance No. 7, 2022 upon second reading; Mason seconded
the motion passed (7-0).
7.2. Ordinance No. 11, Series of 2022, Second 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, approve with amendments or deny second reading of
Ordinance No. 11, Series 2022.
Background: Based on feedback received during the short-term rental (STR) study presented at
Vail Town Council meetings the attached Ordinance No. 11, Series 2022 was drafted to address
the evolving concerns of STR regulation in Vail. The recommended updates to existing
regulations include requirements for fire safety inspections, proof of adequate insurance, a flat
fee of $150 to cover Town administrative costs and increases to the fines and penalties for
violations. During the first reading, Council struck a provision for an additional per -bedroom fee
to offset impacts to local housing. The code amendments in the Ordinance have an effective
date of January 1st, 2023 and current registrants would be required to comply with the new
licensing requirements by the next renewal date in the licensing cycle - February 28th, 2023.
Staff Recommendation: Approve, approve with amendments or deny second reading of
Ordinance No. 11, Series 2022.
Jakubiec began by reviewing the changes made to Ordinance No. 11, Series of 2022 since the
first reading with council such as:
✓ Removal of a per -bedroom fee and
✓ Included an effective date of January 1, 2023.
✓ Amendment in the violations section that STR infractions that occurred prior to the
effective date would be cumulative toward penalties under the new ordinance.
✓ Increased violation penalties
• First violation: $1500
• Second violation: $2650
• Third violation: License revoked for 3 years
Town Council Meeting Minutes of June 7, 2022 Page 4
✓ Requirement of Fire Dept. inspections
• a periodic inspection of all short-term rental units not located in buildings with on
site, 24/7 management.
• requiring proof of inspection every three years
• Fire extinguishers
• Adequacy of egress (exits)
• Egress plan is posted
• Carbon monoxide detectors
• Smoke alarms
• Occupant load
• Improvised electrical conditions and use of extension cords
• Use of portable heating appliances
• Outdoor heating appliances
• Physical address including unit # is provided in a conspicuous manner
✓ Proof of insurance covering STR activity or equivalent coverage
• requiring proof of a minimum $1 M insurance coverage as a condition of
licensure to not only mitigate impacts to STR owners but also to protect
neighboring property owners who may incur claims due to the STR activity they
are not engaged in nor required to consent to.
✓ $150 License fee covering TOV costs of the program.
Public comment was called.
Todd Mossa, general manager of Wren, expressed concern about fee structure outlined in Ord.
11, saying it would cost his property $10,000 more in short-term rental license fees annually.
Andy LaBolle, East West Hospitality Director of Operations, suggested Ord. 11 be modified with
discounted per unit license fees for professionally managed properties.
Public comment was called.
Council questioned if the companies like VRB have insurance that would cover STR incidents.
Jakubiec stated the extra insurance requirement was added because most property value is Vail
is above the $1 M threshold.
Council asked to make the hotline available to people in the neighborhoods. There was a
suggestion to have some type of signage that would display on the outside of the STR showing
name of the property manager, license number, and contact phone number and the hotline
phone number.
Council was comfortable with most of the proposed changes to the ordinance but questioned
the fee schedule. Council members expressed support for a separate fee schedule for STR's
that have an onsite 24-hour management team v. a fee schedule for the individual homeowner.
Foley made a motion to table Ordinance No. 11, Series of 2022 to the June 21, 2022 Town
Council meeting to further investigate fees for STR's that are professionally managed and
signage for public usage; Staufer seconded the motion passed (7-0).
Town Council Meeting Minutes of June 7, 2022 Page 5
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 6:53
p.m.
Attest:
7Tamy 9 Na e nerk C
Res ectfully Submitted,
i l
Kim L na gma, yor
Town Council Meeting Minutes of June 7, 2022 Page 6