HomeMy WebLinkAbout2022-07-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 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
Jen Mason
Pete Seibert- Virtually
Jonathan Staufer
Staff members present: Stan Zemler, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Deputy Town Clerk
1. Citizen Participation
Robyn Smith, West Vail resident, stated that there was a demographic of individuals that were
being underrepresented. To address the situation, West Vail residents formed a "See you Next
Tuesday" social club with the intention of making suggestions to the Town Council to improve
Vail. Smith presented the following ideas:
• Create short one or two question surveys for residents under 50 and/or make less than
200K a year to help capture a representative sample of the Town.
• Create meaningful short term rental regulations, ie: pick one or two neighborhoods
designate them to residential to create a third "zone 3", designate a task force and hard
deadline for a fees structure, or introduce an excise tax on a ballot.
Rebrand issues with Vail Resorts to "Broomfield Resort Management" to not alienate
residents that work for Vail Resorts and are part of the Vail community.
Kay Ferry, East Vail resident, shared her concerns regarding continued traffic issues on Vail
Valley Drive, specific to oversized vehicles, buses, delivery trucks, and the Vail Golf Course
maintenance crews transporting equipment from the shop to the golf course that compete with
various forms of pedestrian traffic.
Johanna Kerwin, a resident of Edwards, CO, expressed her concern for the town's potential
interest in working with other partners to acquire the Edwards River Park property. Kerwin
stated the property was not affordable to build on and it would be irresponsible for the Town of
Vail to partner with other municipalities to purchase the Edwards property.
Taylor Gradarian, a resident of Eagle, CO, addressed Town Council regarding his organization,
Open -Source Citizen Control of the United States of America.
2. Any action as a result of executive session
Town Council Meeting Minutes of July 5, 2022 Page 1
There was none.
3. Consent Agenda
3.1. Resolution No. 34, Series of 2022, A Resolution of the Vail Town Council Adopting
Rules of Procedure for the July 5, 2022 Appeal Hearing Regarding the Booth Heights
Development.
Background: There are 4 separate appeals of a decision of the Design Review Board (the
"DRB"), all of which are scheduled to be heard by the Town Council at a single hearing on July
5, 2022. Pursuant to Vail Town Code § 12-3-3(F), the Town Council is authorized to adopt rules
of procedure for appeal hearings.
Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 34, Series
of 2022.
Coggin made a motion to approve, Resolution No. 34, Series of 2022; Mason seconded the
motion passed (7-0).
4. Town Manager Report
Zemler congratulated Kathleen Halloran on her promotion to the new Deputy Town Manager.
Zemler stated a reminder for the upcoming Community Picnics on July 19, 2022 at Bighorn Park
and on August 9, 2022 at Donovan Pavilion.
5. Presentations / Discussion
5.1. Draft ballot language discussion regarding the 0.5% sales tax collected for
housing initiatives, housing developments and housing programs
Presenter(s): Kathleen Halloran, Deputy Town Manager
Action Requested of Council: Provide feedback to staff in preparation for a resolution setting the
ballot language on July 19th.
Background: Please see attached memo.
Staff Recommendation: Provide feedback to staff in preparation for a resolution setting the
ballot language on July 19th.
Halloran summarized that during the November 2021 election, voters approved ballot initiative
2A for a 0.5% increase to sales tax that increased the existing local tax rate from 4.0% to 4.5%
not to exceed 4.5 million dollars. The revenues from the tax increase are used to fund housing
initiatives, housing developments, housing programs and related activities.
Halloran explained TABOR prohibits first year collections of any new tax to exceed the amount
stated in the original ballot language. She further clarified the Town's sales tax collection widely
exceeded the projection of the original expectation, (40% over the projected amount and
Town Council Meeting Minutes of July 5, 2022 Page 2
exceeding the $4.5 million by September), which will result in collections exceeding TABOR
restrictions.
Halloran revisited the two options regarding the overcollection of sales tax, which were
presented at the previous June 21, 2022, Town Council meeting. Option one would be to
instruct town businesses to stop collecting the new 0.05% sales tax just before the limit of
$4.5M is reached and turning it back on in the beginning of January 2023 or option two would
be to continue to collect the 0.05% sales tax and ask voters to approve keeping excess funds in
year one to use towards housing programs, developments, and related activities.
Council was in favor of option two and will be asked to approve a resolution at the July 19
meeting to approve the ballot language.
6. Action Items
6.1. Ordinance No. 14, Series of 2022, First Reading, Budget Supplemental No.
2, an ordinance making budget adjustments to the Town of Vail General Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Dispatch
Services Fund, Heavy Equipment Fund, Timber Ridge Fund, and Residences at Main Vail
Fund of the 2022 Budget for the Town of Vail.
Presenter(s): Carlie Smith, Deputy Director of Finance
Action Requested of Council: Approve, or approve with amendments Ordinance No. 14, Series
2022.
Background: Please see attached memorandum.
Staff Recommendation: Approve, or approve with amendments Ordinance No. 14, Series 2022
Smith explained the proposed budget supplemental will allocate $5.5 million across all the
Town's funds. Smith then went into a high-level review of the larger more significant items
outlined in the supplemental.
General Fund
Increase of $3.4 million in revenue
o Largest amount was $2 million in Sales Tax, although that was an
increase in budget, it also reflected an anticipated flattening out of Sales
Tax and revenue
Updated projected year to date collections with the remaining of the year
projected flat with 2021
Added a slight decrease in December due to the previous December revenue
was so huge and impactful.
Expenditures were increased by $577,000. The majority was related to an
increase of cost the town has incurred for natural gas, electricity and professional
development fees and employee development opportunities.
Capital Proiects Fund
Will receive approximately $779,000 of the Sales Tax increase.
Town Council Meeting Minutes of July 5, 2022 Page 3
Increased by $1.5 million as a catch up for projects already approved by Council,
specific to two Town of Vail employee rental units.
o Smith explained the funds for the housing units were requested under the
Capital Projects Fund due to staff recommending that Town of Vail owned
employee housing units be tracked under Capital Projects Fund instead
of under Housing Fund. She further explained the shift in tracking would
ensure the Housing Fund would be tracking community wide programs
and purchases as well as help with transparency to the community of
where the 0.5% Sales Tax would be spent.
Real Estate Transfer Tax
Total requested was $614,000, the largest request was moving $100,000 from
the 2023 budget so the town could implement the wildfire mitigation programs to
align with the Fire Free Five program for a one-year implementation instead of
two or three years.
o Also included environmental initiatives and caught up the budget for the
Ford Park Master Plan that was approved by Council in June.
Housina Fund
Allocated $4.5 million, which allocated the 0.5% housing tax.
o Smith explained even though the $4.5 million was allocated, it would not
be spent without Council's approval. She clarified that allocating the
money would make the funds available to be used without waiting for a
supplemental.
Heavy Equipment Fund
>- $151,000 was requested for a reflection in increased oil prices.
Timber Ridae Fund
$50,000 for the predevelopment of Timber Ridge.
Coggin asked for clarification regarding the Regional Wildfire Camera Pilot Program item on the
supplemental and wanted to make sure the town would only put the cameras in if there were
partnerships county wide, ie: Eagle County, Vail Resorts, and other potential partnerships.
Smith explained the item was a placeholder Fire Chief, Mark Novak would like to retain which
would enable him to keep working on that project to have wildfire cameras placed throughout
the town.
Novak stepped to the podium and explained he was currently working on various partnerships
with Eagle County, Vail Resorts, Holy Cross Energy, and Eagle River Fire and has spoken to
different vendors on price points. Novak stated the project was not currently moving forward but
would like to keep the option open and have it as a placeholder on the budget.
Staufer asked Novak what Aspen and Pitkin County's experience was with wildfire cameras.
Novak answered that Aspen and Pitkin County started a pilot program last year with funding
from private doners. The pilot program showed to have value and Pitkin County is looking to
expand the coverage to western Pitkin County.
Town Council Meeting Minutes of July 5, 2022 Page 4
Langmaid stated she would like to include a potential partnership with CDOT for a feasibility
study for a wildlife crossing down at Dowd Junction.
Council discussed that they would hear back from staff on second reading as to how much the
initial feasibility study would cost as well as where the funds would come from to finance the
study.
Coggin asked Novak where the $100,000 for Fire Free Five would be dispensed.
Novak stated that the expenditure would be used to update the town governmental function
buildings to be Fire Free Five compliant.
There was no public comment.
Foley motioned to approve first reading of Ordinance No. 14, Series of 2022; Coggin seconded
motion passed (7-0).
7. Public Hearings
7.1. An appeal hearing, pursuant to Section 12-3-3, Appeals, Vail Town Code, to
address four (4) separate appeals of the final decision and conditions of approval of the
Town of Vail Design Review Board on May 18, 2022, approving a Change to Approved
Plans application to amend the design of a proposed residential development on the real
property located at 3700 North Frontage Road East/Lot 1, Vail, Colorado, known as the
East Vail Workforce Housing Subdivision
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Pursuant to Section 12-3-3, Vail Town Code, the Vail Town
Council must uphold, uphold with modifications, or overturn the Design review Board's May 18,
2022, decision. The Town Council must act by motion, with such motion to be approved by a
majority of those present.
Background: Vail Corp the Fixed Assets Department, represented by OZ Architecture,
requested the final review of a design review board "Change to Approved" application, pursuant
to Section 12-11 Design Review, Vail Town Code, for a new housing development located at
3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision (the "Booth
Heights Neighborhood"). On May 18, 2022, the Design Review Board held a public hearing on
the Change to Approved Plans application and voted 4-1 (Middleton opposed) to approve the
application.
Mason made a motion to continue the appeal hearing until August 2, 2022; Coggin seconded
motion passed (7-0).
7.2. Ordinance No. 12, Series of 2022, Second 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
Town Council Meeting Minutes of July 5, 2022 Page 5
Action Requested of Council: Approve, approve with amendments, or deny second reading of
Ordinance No. 12, Series of 2022.
Background: Vail Town Council has asked staff to change the idling ordinance to reflect 3
minutes maximum for idling time.
Staff Recommendation: Approve, approve with amendments, or deny second reading of
Ordinance 12, Series of 2022.
Commander Kenney quickly reviewed the changes to Ordinance No. 12, Series 2022 upon
second reading.
There was no public comment.
Coggin made a motion to approve second reading of Ordinance 12; Staufer seconded 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 6:39
p.m.
Attest:
ephanie Bibbens, Deputy Town Cler
Respectfully Sub ,
K ` , ayor
ORAT���
Town Council Meeting Minutes of July 5, 2022 Page 6