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HomeMy WebLinkAbout2022-06-21 Town Council MinutesVail Town Council Meeting Minutes Tuesday, June 21, 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 Matt Mire, Town Attorney Tammy Nagel, Town Clerk Julie Sutor introduced herself as a staff member from the office of Congressman Joe Neguse. Sutor said the congressman had opened a satellite office in the mountains. Robyn Smith, Vail resident, expressed concerns regarding the conflict between preserving habitat for the East Vail bighorn sheep herd and the need for housing. 2. Any action as a result of executive session Mason made a motion to direct the town attorney to draft a ballot question for the November election asking voters to allow the town to retain any excess sales tax collected during the first year of enactment of the voter -approved sales tax for housing for council's consideration at the July 5 meeting; Davis seconded the motion passed (7-0). 3. Consent Agenda 3.1. May 3, 2022 Town Council Meeting Minutes Foley made a motion to approve the May 3, 2022, meeting minutes; Coggin seconded the motion passed (7-0). 3.2. May 17, 2022 Town Council Meeting Minutes Davis made a motion to approve the May 17, 2022, meeting minutes; Coggin seconded the motion passed (7-0). 3.3. Resolution No. 33, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Vail Heights, Unit 11 Phase III 2059 Chamonix Lane, Vail Colorado 81657 Town Council Meeting Minutes of June 21, 2022 Page 1 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 33, Series Background: Town wishes to purchase Vail Heights Unit 11 2059 Chamonix Lane for employee housing. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 33, Series of 2022 Coggin made a motion to approve Resolution No. 33, Series of 2022; Staufer seconded the motion passed (7-0). 4. Presentations / Discussion 4.1. Colorado Department of Transportation 1-70 West Vail Pass Project Update Presenter(s): Karen Berdoulay, CDOT Eagle Resident Engineer Action Requested of Council: Listen to the presentation and provide feedback. Background: The West Vail Pass Project is a project which began last year and will continue through 2025. CDOT will provide an update regarding the work scheduled for this year as well as future years. Berdoulay presented an overview of the 1-70 West Vail Pass Project, including benefits and construction impacts. The work began last year and would continue through 2025. Berdoulay encouraged citizens to visit CDOTS webpage for more information concerning the construction impacts. Langmaid inquired if wildlife crossings were being considered in areas on Vail Pass. Berdoulay shared the crossings were being considered. Council thanked Berdoulay for her presentation. 4.2. Vail Mobility & Transportation Master Plan Update Presenter(s): Tom Kassmel, Town Engineer and Ann Bowers, Fehr & Peers Action Requested of Council: Listen to presentation and provide any feedback Background: The Town of Vail has awarded the Vail Mobility & Transportation Master Plan contract to Fehr & Peers. The purpose of today's presentation is to introduce the consultant team and provide an overview of next steps. Staff Recommendation: Listen to presentation and provide any feedback Kassmel introduced the topic to council stating the existing Transportation Master Plan was 13 years old. The plan would update traffic, transit, and parking projections and provide implementation recommendations for each. The work would address expected growth in Vail, Town Council Meeting Minutes of June 21, 2022 Page 2 changing technology, multimodal focus, safe mobility for all ages and abilities, and continued success as a leader in active transportation. Bowers stated the plan would be developed over the next 18 months to two years and would include multiple public engagement opportunities beginning in July. Council had no questions and thanked staff and the consultant for their presentation. 5. Action Items 5.1. Dowd Junction Streambank Stabilization Project Contract Award Update Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with Whinnery Construction Inc. in the amount not to exceed $706,000 Background: The project contract was awarded in 2019, however it was delayed due to permitting and COVID. Since that time construction costs have increased 30%. Staff Recommendation: Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with Whinnery Construction Inc. in the amount not to exceed $706,000 Kassmel provided council with some history stating the town publicly bid the Dowd Junction Streambank Stabilization Project in a joint effort with ERWSD in 2019 and awarded the contract to Whinnery Construction, Inc. The project did not start in 2019 due to permitting issues and was delayed until 2020. In 2019 the cost of the project award was $542,320.00. Kassmel explained Whinnery Construction was still interested in completing the project, however due to construction escalation over the past 3 years the projected cost is now $705,016.00, a 30% increase. Foley confirmed that Eagle River Water Sanitation District was still sharing the cost of the project. Kassmel said yes. Davis made a motion to authorize the Town Manager to enter into a new construction agreement with Whinnery Construction in an amount not to exceed$705,061.00; Mason seconded the motion passed (7-0). 5.2. Multimodal Transportation Mitigation Options Fund grant submittals Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Support, Deny or Modify the submittal of the two grant proposals and the associated future funding Background: The Town of Vail is planning on submitting for two Multimodal Transportation and Mitigation Options Fund grants with the state of Colorado. The grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. Town Council Meeting Minutes of June 21, 2022 Page 3 Staff Recommendation: Support the submittal of the two grant proposals and the associated future funding Kassmel spoke to council about the two Multimodal Transportation and Mitigation Options Fund grans with the State of Colorado. The grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. The grants would be used for two projects: ✓ The Vail Intermodal/Mobility Hub Site Modernization and Expansion Design: ➢ The project's goal is to accommodate emerging technologies, like opportunity charging for electric buses/vehicles, and also increase capacity for buses and vehicles. ➢ The cost of the project's design is anticipated to be approximately $1.5M; funded 50% by the MMOF grant and 50% by the Town of Vail. ✓ The Vail E-Courier Program Expansion: ➢ This project is intended to fund the necessary capital improvements to expand the Vail E-Courier Loading and Delivery program. This would include additional electric vehicles and lifts, a walk-in cooler, and retractable bollards in critical areas of the Vail Village. ➢ The cost of the project is anticipated to be approximately $500,000; funded 50% by the MMOF grant and 50% by the Town of Vail Council had no questions. Foley made a motion to support the submission of the grant application and be prepared to budget for the matching portion of the grants of $750,000 and $250,000 respectively with the next two years; Staufer seconded the motion passed (7-0). 5.3. Ordinance No. 12, Series of 2022, First Reading, An Ordinance Amending Title 5, Chapter 1 and Title 7 Chapter 10 of the Vail Town Code Regarding Idling Presenter(s): Commander Ryan Kenney, Vail Police Department and Kristen Bertuglia, Director of Environmental Sustainability Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 12, Series of 2022. Background: Vail Town Council has asked staff to change the idling ordinance to reflect 5 minutes maximum for idling time. Staff Recommendation: Approve, approve with amendments or deny Ordinance 12, Series of 2022. Commander Kenney presented Ordinance No. 12, Series of 2022 to council stating the ordinance was changed to reflect 5 minutes maximum for idling time. Langmaid requested the ordinance to reflect 3 minutes rather than 5 for the maximum time to allow a car to idle. The other 6 council members supported the 3-minute maximum idling time. Town Council Meeting Minutes of June 21, 2022 Page 4 Coggin made a motion to approve Ordinance No. 12, Series of 2022 with an amendment to reflect 3 minutes and not 5 minutes; Staufer seconded the motion passed (7-0). 5.4. Contract Award to WRT for the 2022 Ford Park Master Plan Update. Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manger to enter into a consultant contract with WRT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51 K be added to the second supplemental budget. Background: A Request for Proposals for the Ford Park Master Plan Update was issued to the public on February 7, 2022. Three firms responded with proposals on March 17, 2022. Two of these firms were interviewed on May 11, 2022. The landscape architecture firm of WRT with offices in Denver, Philadelphia, and San Francisco with the local engineering firm of Martin and Martin and the park management consulting firm of PROS, Cincinnati, OH, was selected as the team best suited to complete the master plan update. Staff Recommendation: Direct the Town Manger to enter into a consultant contract with WRT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51 K be added to the second supplemental budget. Oppenheimer reviewed the contract award process for the Ford Park Master Plan with the council. The request for proposals was issued on February 7, 2022 and the town received three proposals by the March 17 deadline. The proposals were reviewed by staff from the Vail Recreation District, the Betty Ford Alpine Gardens and the town. The landscape architecture firm of WRT with the local engineering firm of Martin and Martin and the park management consulting firm of PROS added additional scope to the project which would be valuable with a park system -wide analysis and organizational relationship evaluation that would inform the Ford Park Master Plan Update beyond the expected 10-year lifespan of a master plan. The additional scope would cost $51 K; which would be included in the second supplemental budget on July 5, 2022. Council had no questions. Foley made a motion to authorize the Town Manager to enter into an agreement with WRT in an amount to not exceed $200,730 and to add $51 K to the second supplemental budget; Mason seconded the motion passed (7-0). 6. Public Hearings 6.1. Ordinance No. 4, Series of 2022, First Reading - An Ordinance Amending the Approved Development plan for Special Development District No. 36, Four Seasons Resort 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. Town Council Meeting Minutes of June 21, 2022 Page 5 Background: On May 9, 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 4-1-0 (Lipnick Opposed) 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 introduced Ordinance No. 4, Series of 2022 to council stating the application was recently amended to include all off -site housing would be within the town limits. Council had no questions for Spence. Andrew Sellnau, Extell Development, presented the amended application on behalf of the Applicant. • Changing an administrative office into 2 additional hotel units • Reclassifying 7 existing hotel units into 4 dwelling units ✓ Generating approximately $2.5M of annual gross revenue ✓ Not result in any parking requirements • Maintaining 12 onsite dorm room • Replace 16 onsite deed restricted employee dorm rooms with approximately 28 offsite deed restricted bedrooms located in homes within town limits • Reconfiguring the 16 dorm units into 11 hotel units Langmaid asked if the offsite deed restrictions were going to inquired over time. Sellnau stated the deed restrictions would be purchased prior to the 16 dorm units are changed into hotel units. Davis thought the amendment to the application was a good start but questioned if the proposal was equal in its return value. There was no public comment. Langmaid stated she was not comfortable with the application since it would not create new deed restrictions but instead take away deed restrictions that were currently being used for an employee. Coggin expressed the same concern that what the Applicant proposed was not netting new deed restrictions within the town. He would like to see 100% housing in Vail plus including housing opportunities in Eagle Vail. Seibert would prefer to see all housing for the Four Seasons employees be in Vail and none in Eagle Vail and asked Spence how many condos or homes would the 16 dorm rooms equate to. Spence replied that it would be about 32 employees. The mitigation requires 32 employees and if council wanted to change that mitigation number it could be done when a motion was made. Staufer also agreed and stated he was not inclined to pass Ordinance 4 at this time. Town Council Meeting Minutes of June 21, 2022 Page 6 Coggin made a motion to continue the public hearing to July 19 to allow the Applicant to work with staff on the substance of gain on the requirement of deed restrictions; Davis seconded the motion passed (7-0). 6.2. 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 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, increased fees to cover Town administrative costs, a requirement to post the STR license visible from the exterior of the property 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 Ordinance No. 11, Series 2022. Jakubiec reviewed the 3 possible license fees options and contact signage on STR properties per the council's direction after the first reading of Ordinance No. 11, Series of 2022. STR License 3 Options: • Option 1: ➢ On -site building management $150 All Other STR units $150 Annual estimated revenue $375,000 • Option 2: ➢ On -site building management $50 All other STR units $260 Annual estimated revenue $375,000 • Option 3: ➢ On -site building management $5 All other STR units $150 Annual estimated revenue $190,000 Jakubiec noted license fee options 1 and 2 are structured to cover administrative costs, while option 3 would cover approximately 50% of the costs. The onsite STR signage would include the STR license number, address of property, expiration date of the license, name and contact information for the local representative and short-term rental complaint hotline. Coggin stated he liked license fee option 2 but did not agree about onsite STR signage. Town Council Meeting Minutes of June 21, 2022 Page 7 Langmaid and Mason inquired about capping the number of STIR licenses in the town. Davis expressed support for STIR license fee option 2 but he thought the onsite STIR signage was important to provide neighbors information if there were any issues. Public comment has been called. Lindsea Stowe, Vail business owner, shared complications of existence of short-term rentals in the Village core making numerous noise complaints filed against her business which had made coexistence of mixed use of commercial and residential difficult. She encouraged council consider establishing a cap on STRs Ian Maxwell, Operator of a Vail business, echoed similar concerns about short-term rental impacts on businesses in the Village core. Public comment was closed. Coggin made a motion to approve Ordinance No. 11 on second reading with the addition of STIR license fees option 2 and not require onsite signage; Foley seconded the motion failed (3- 4* Langmaid, Mason, Davis and Staufer opposed). Davis made an option to approve Ordinance No. 11, Series of 2022 upon second reading with the addition of the STIR license fees option 2 and requiring onsite STIR signage; Mason seconded the motion passed (4-3* Coggin Foley and Siebert opposed) There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded the motion which passed (7-0) and the meeting adjourned at 8:21 p.m. Attest: m ' Mayor Tammy -Nagel -To Clerk Town Council Meeting Minutes of June 21, 2022 Page 8