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HomeMy WebLinkAbout2022-08-02 Town Council MinutesVail Town Council Meeting Minutes Tuesday, August 2, 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 Jonathan Staufer Staff members present: Stan Zemler, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Stephanie Bibbens, Deputy Town Clerk Citizen Participation Jonathan Levine, a Vail business owner thanked council for their efforts in keeping Vail open for the past two years, thanked staff for their work on the new charging stations and electric busses and suggested that the lighting on 1-70, specifically Dowd Junction to Minturn and Eagle Vail needed to be addressed. Kaye Ferry, an East Vail resident, expressed her concerns regarding the continued traffic issues on Vail Valley Drive, specific to the Vail Recreation District's golf course maintenance crew. Randy Barnhart, an East Vail resident, expressed his concern with the noise and jake brake violations by the trucks on 1-70. Meghan Lukens, a candidate for Colorado House District 26, introduced herself and platform. Douglas Smith, a West Vail resident, reprimanded Vail Resorts for not taking the housing crisis seriously. Michael Browning, an East Vail resident, expressed the importance of the bighorn sheep and his concern regarding their survival. Richard Leslie, an East Vail resident, urged council to follow through on condemnation of the East Vail Property owned by Vail Resorts. Debbie King Ford recognized the council's efforts concerning deed -restricted housing and meeting the goals of the town's housing plan. Town Council Meeting Minutes of August 2, 2022 Page 1 Robyn Smith, a West Vail resident, encouraged community members to participate in the Steward Vail Survey. Jenn Bruno, a West Vail resident, thanked Tammy Nagel for her service as the Town Clerk and explained that the shop owners and restaurants are experiencing the effects of staff shortages due to the lack of employee housing. Mark Gordon, a resident and business owner, stated his concern regarding the amount of money the town stands to spend on condemnation and encouraged council let the voters decide how to move forward. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. July 5, 2022 TC Meeting Minutes Foley made a motion to approve; Staufer seconded motion passed (7-0). 3.2. July 19, 2022 TC Meeting Minutes Davis made a motion to approve; Coggin seconded motion passed (7-0). 3.3. Resolution No. 36, Series of 2022, a Resolution Approving the Purchase of the Residential Property Known as Vail Heights, Unit 10, Phase III, 2059 Chamonix Lane, Vail, Colorado 81657 Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it's need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including "buying down" homes for purchase by Town of Vail employees. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Vail Heights, Unit 10, 2059 Chamonix Lane, Vail, Colorado, in the amount of, and not to exceed, $548,000, plus closing costs. Coggin made a motion to approve Resolution No. 36, Series of 2022; Foley seconded motion passed (7-0). 4. Town Manager Report Zemler thanked Tammy Nagel for her service as the Town Clerk for the Town of Vail. Halloran recapped the Matters from Mayor, Council and Committee Reports for future follow up. Those topics included maintenance requests, status on Highline development, regulations Town Council Meeting Minutes of August 2, 2022 Page 2 regarding time frame for construction projects to be completed, concerns with the disregard of the dismount zones in the town and an update to the commercial stakeholders in West Vail area regarding the West Vail Master Plan. Halloran also welcomed Kris Widlak as the new Communications Director, who will take over for Suzanne Silverthorn. 5. Action Items 5.1. Resolution No. 35, Series of 2022, Ballot Language Regarding the 0.5% Sales Tax Collected for Housing Initiatives, Housing Developments, and Housing Programs Presenter(s): Carlie Smith, Finance Director Action Requested of Council: Approve, Approve with Amendments, or Deny Resolution No. 35, Series 2022. Background: Please see attached memo. Staff Recommendation: Approve, Approve with Amendments, or Deny Resolution No. 35, Series 2022. Smith explained that there had been no changes to the draft ballot issue regarding the retention of the additional revenues collected in the first year of the 0.5% sales tax collected for housing initiatives, housing developments, and housing programs since it was presented on the July 19, 2022, meeting. Coggin clarified the word "refund" in the ballot language did not mean a discount or money back, but that the town would not collect the tax for a certain amount of time to balance out the excess amount that had been collected. Smith confirmed that was correct. Foley stated the ballot is asking to retain the additional funds. Coggin agreed with Foley but wanted to make sure the voters understood the ballot issue; if the ballot issue did not pass, there would be a brief reprieve from paying the 0.5% sales tax; should the voters decide to pass the ballot to retain the excess funds, Council could purchase more housing units to help with the housing crisis. Foley also stated that this would be the only year that this issue would be brought to the voters. With TABOR (Taxpayers Bill of Rights), it is only within the first year that municipalities must zero in on the amount collected. After the first year, there is no set amount. Public comment was called. Douglas Smith, a Vail resident, suggested there be some sort of organized campaign to make sure voters understand the ballot language and what the voter is being asked to vote on. There was no other public comment. Town Council Meeting Minutes of August 2, 2022 Page 3 Foley made a motion to approve Resolution No. 35, Series 2022; Coggin seconded motion passed (7-0). 5.2. Ordinance 15, Series of 2022, first reading Amending Title 7 of the Vail Town Code by the Addition of New Regulations for Pedestrian Mall Areas in the Town Presenter(s): Commander Ryan Kenney, Vail Police Action Requested of Council: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Background: The Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; as well as reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; provide a higher -quality experience for all businesses and customers located in the Village Core; and the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. Staff Recommendation: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Kenney explained changes were made to both the maps and the Ordinance based off feedback Council gave at the previous meeting. Changes included: ✓ no maps in the ordinance ✓ kept the 9:00am to 11:00am timeframe that business owners would still be able to go into the village and unload in front of their stores ✓ Ski tuning was changed to 5:00am to 8:00am and 5:00pm to 6:00om each day ✓ E-Vail courier was changed to "Town Approved Contractor" ✓ Courier Zone was changed to High Volume Commercial Carrier (HVCC) Zone Foley thought 8:00am to 10:00am would be a more appropriate time for business owners to unload in front of their stores but agreed to monitor it for a year and make tweaks later if necessary. Changes to the Ordinance included: ✓ The definition of High Volume Commercial Carrier (HVCC) changed to add "and a variety of commercial goods" ✓ The Loading and Delivery billing section was removed ✓ The words "and subsequent violations" were added to the penalty section to cover any violations after a third violation. Kenney explained FedEx, UPS, USPS, and trash collection would be exempted from the ordinance and program and would continue to deliver in Vail Village and Lionshead without any changes. Kenney addressed concerns regarding cold storage, fee structure and why the Town of Vail has implemented the loading and delivery program. Town Council Meeting Minutes of August 2, 2022 Page 4 Adam Pena, a Lionshead business owner asked about the courier system during peak season in Lionshead and if the exemption included FedEx Freight. Kenney responded no changes had been made to deliveries to the Lionshead Village and the exemption did include FedEx Freight. There was no other public comment. Coggin made a motion to approve first reading of Ordinance 13; Davis seconded motion passed (7-0). 6. Public Hearings 6.1. 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): Greg Roy, Senior Planner 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. Langmaid reviewed the rules of procedure for the appeal hearing regarding the Booth Heights Development that was passed on July 5, 2022, through Resolution. Roy briefly recapped the Design Review Board's decision. Council had no questions or comments regarding the recap. Tony Ryerson, an approved proxy for the appellant Debbie King Ford of 2765 Bald Mountain Road, Vail, CO, stated the use of cedar siding is unacceptable and increased the wildfire danger. Ryerson sited Fire Free Five, Vail Community Wildfire Protection Plan, the Booth Creek Fuels Reduction Plan and Vail Wildland Urban Interface Plan to support the concern. Ryerson also stated the use of cedar siding would require treatment that is considered toxic and emits volatile organic compounds. Ryerson listed many reasons why the cedar siding was an inappropriate building material for the project. Town Council Meeting Minutes of August 2, 2022 Page 5 Appellants John Reimers and Regina Grisafi were called up next. Reimers stated his concerns with the added light and noise pollution introduced to the area due to the lights on walking paths, open windows and parking lots, as well as residents and guests up at all hours of the night. Reimers also expressed his concerns for Gore Creek due to the way the drainage was set up. He explained that the water from rain and snow would drain into storm drains where pollutants and toxins are collected from fertilizers and automobiles. Water going into storm drains instead of on site, will make the ground and at risk for fire. Reimers last concern was the layout for the parking lot was problematic for snow removal and would require extra work for the shaded areas as well as the use of more mag-chloride to help melt the snow. Appellants Jill and Robert Rutledge did not attend. Betsey Kiehl- Village Condos East Vail Resident, addressed her concerns by citing: • 14.10.5 Building Materials and Design; the application was changed to include more non fire rated materials and went against the town's movement away from flammable products, the current proposed cedar siding would increase the threat of fire. • 14.10.7 Outdoor Lighting- the application does not take into consideration the Town of Vail's dark sky lighting requirements and the light pollution the project would have an irreversible impact on the wildlife in that area and destroy the parcel of land that has provided dark skies to the town. • 10-14-8 Landscaping- the current plan did not include landscaping on the potion of CDOT's right of way easement. Kiehl also stated she had other concerns about inadequate proposed parking spaces which included lack of space designated for electric vehicles. Kiehl ended her dialog by stating the project would have a negative impact on East Vail and the application has been pushed through loopholes, issues have not been resolved and Council needed to take a better look and overturn the DRB decision. Sarah Kellner, attorney from Faegre, Drinker, Biddle and Reath LLP, represented Vail Resorts for the hearing. Kellner went over the phases of the entitlement process the property has gone through and stated that Vail Resorts was on the last phase. Kellner explained how the East Vail Workforce Housing Subdivision aligned with the town's design standards and met the conditions that were included on the original application that the DRB requested. Kellner also stated that many of the appellant's concerns were not valid as the parking, lights, and noise had already been approved and complied with the DRB guidelines. She further stated that in the last DRB meeting where the application was approved, all DRB members stated Vail Resorts met every request put in front of them and there was no public comment made at either of the DRB hearings when these plans were presented. Rebecca Stone, project architect from Oz Architects, explained how the firm worked with the DRB to refine the previously approved plan. Refinements she discussed included amending the undulations within the rockfall wall, increased landscaping, provided a tree preservation program, added more landscape screening, added a new bus stop that met Town of Vail requirements, complied with the elevation conditions outlined by the DRB, and complied with the ADA and Life Safety conditions. Stone responded to some of the appellant's concerns, and stated the lights were from the original proposal and met the dark scattering requirements, the windows would have blinds, the Town Council Meeting Minutes of August 2, 2022 Page 6 cedar siding was approved, but could be changed to a noncombustible material that would look similar to the cedar, electric charging stations were included and more could be added, and the trees could be left to help with the noise. Kellner ended the discussion by showing a completed DRB check list for the project and asked Council to uphold the decision made by the Design Review Board. Langmaid asked if any of the appellants would like to respond to what the applicants presented. Appellant Regina Grisafi expressed the DRB should re-evaluate the criteria that was approved in prior years due to it being outdated and did not reflect the current fire mitigation program and the Gore Creek Restoration program the Town has been implementing. Roy returned to the podium and stated he had no comments to add but procedure allowed for him to answer any questions. Foley had questions regarding the lack of detailed DRB May 18Ih, 2022, meeting minutes. Roy explained that there were no detailed meeting minutes for DRB, they are only required to maintain results and video. Staufer had questions regarding the height of the rockfall mitigation berm, the landscaping plan, if the lighting was dark sky compliant and the percentage of combustible siding. Roy provided a rough idea of the berm height, explained the landscaping plan was compliant, he also explained the town does not require dark sky compliance. The town required the lights would need to be full cut-off and the design submitted reflected the full cut-off lighting. Roy also stated the application was submitted prior to changes that were made to the code and the applicant would not be required to meet the updated code. Seibert asked if compliance to the new code could be made a condition. Mire explained Council was able to modify the DRB's decision and if that was the vote, Council should remand the application to the DRB. Public comment was called. Robin Burch, resident of East Vail, stated she worried about combustible material proposed in the project and asked if the walking paths would have snowmelt as they could become hazardous in the winter without it. Jenn Bruno- stated DRB followed the code and Council shouldn't undermine the boards authority. Steve Connelly- asked Council to uphold the DRB's decision. Kirsty Hintz- Stated there needed to be another traffic study due to the previous study being inadequate. Town Council Meeting Minutes of August 2, 2022 Page 7 Mark Gordon, a Vail Resident, stated DRB did their job, the project matched the criteria and Council should leave the process as is. Tom Vucich, a Vail Resident, asked Council to put their confidence in their board members. Cindy Ryerson, a Vail Resident, proposed the town consider conducting a new traffic study to include Vail Mountain School and Vail Pass closures. Robyn Smith, a West Vail Resident, asked to let the project fail on the other issues, not on a technicality. Foley clarified the DRB does not require traffic studies. He stated that would fall under the Planning and Environmental Commission's jurisdiction. Council stated they believed the Design Review Board did their job. Foley made a motion that the Town Council uphold the May 18, 2022, decision of the Design Review Board, because the DRB properly determined that the Change to Approved application complies with the following sections of Title 14, Chapter 10, of the Vail Town Code:14-10-3; SITE PLANNING; 2. 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS; BAY WINDOWS, ETC; 3. 14-10-5: BUILDING MATERIALS AND DESIGN; 4. 14-10-6: RESIDENTIAL DEVELOPMENT; 5. 14-10-7: OUTDOOR LIGHTING; 6. 14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL; Mason wanted to uphold the decision, but with the condition that the applicant used more noncombustible materials instead of the cedar boards. Foley declined to amend his original motion. Coggin seconded original motion passed (7-0). 6.2. Ordinance No. 4, Series of 2022, Second Reading - An Ordinance Amending the Approved Development plan for Special Development District No. 36, Four Seasons Resort Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon second reading. Background: On June 21, 2022, the revised application heard previously by the PEC on May 9, 2022, was presented to the Vail Town Council. In continuing the item to the July 19, 2022, public hearing, Town Council members provided direction to the applicant team that an increase in tangible public benefit above what was proposed was necessary. The applicant has returned with a revised proposal as outlined in the staff memorandum and related attachments. Roy presented there was once change made to the ordinance from first reading which increased the amount given to the housing fund. There was no public comment. Town Council Meeting Minutes of August 2, 2022 Page 8 Foley stated he would not be supporting the ordinance due to conversations with present and past PEC Board members that felt council was usurping the Special Development District process and not using the property the way it was intended to be used. Langmaid expressed her understanding of Foley's statement but explained she would be voting in favor of the ordinance because she thought it would be a benefit to the employees. Mason explained that this was an opportunity to help with the housing crisis. Coggin stated the PEC didn't have the same empowerment as the Council regarding Special Development Districts due to their current guidelines. Coggin suggested looking at ways to amend the guidelines in the future to empower the PEC members more. Coggin made a motion to approve Ordinance No. 13, Series of 2022 upon second reading subject to the findings of staff in the attached memorandum dated August 2, 2022, Davis seconded, motion passed (5-2 *Foley and Staufer opposed). 6.3. Ordinance No. 13, Series of 2022, second reading, An Ordinance Amending Chapter 3A of Title 7 of the Vail Town Code, Concerning Towing and Impoundment of Vehicles Presenter(s): Ryan Kenney, Commander Police Department Action Requested of Council: Approve, approve with amendments or deny second reading of Ordinance 13, Series of 2022. Background: Ordinance No. 13, Series of 2022 amends the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. Staff Recommendation: Approve, approve with amendments, or deny second reading of Ordinance 13, Series of 2022. Kenney reported there were no changes to the ordinance from first reading. There was no public comment. Coggin made a motion to approve Ordinance 13, Series of 2022 upon second reading, Staufer seconded motion passed (7-0). Action Items II 7.1. Ordinance No. 16, Series of 2022, An Emergency Ordinance Suspending the Issuance of Permits for the Booth Heights Property Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 16, Series of 2022 Town Council Meeting Minutes of August 2, 2022 Page 9 Background: The Booth Heights Property contains significant natural and wildlife resources and provides critical habitat for a Colorado bighorn sheep herd. The Town is seeking to acquire the Booth Heights Property as open space, and thereafter to maintain the Booth Heights Property as open space pursuant to Section 13.11 of the Town's Home Rule Charter. The current owner of the Booth Heights Property, Vail Resorts, has declined the Town's offers to purchase the Booth Heights Property for fair market value, the Town is now seeking to acquire the fee interest in the Booth Heights Property by condemnation. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 16, Series of 2022 Mire explained the purpose of the ordinance was to be consistent with the Resolution that council passed earlier in the year to acquire open space. Public comment was called. Sarah Kellner, attorney from Faegre, Drinker, Biddle and Reath LLP, represented Vail Resorts, explained council received a letter from Bill Rock earlier in the day, which expressed Vail Resort's concerns regarding the proposed emergency ordinance. Kellner also stated the emergency ordinance was drastic, unprecedented, and lacked due process. Michael Browning, an East Vail resident, expressed his belief that applying for permits would be a waste of time and money since the issues would be resolved through the pending condemnation. Steven Connolly, a Vail resident, stated the real emergency was affordable housing. Regina Grisafi, an East Vail resident, spoke in support of the emergency ordinance. Maryanne Bachelder, ecology consultant, stated that soils testing permit filed by Vail Resorts would not have an impact on bighorn sheep herd. Richard Leslie, an East Vail resident, encouraged Council to pass the emergency ordinance. Bill Rock, representing Vail Resorts, urged council to reject the emergency ordinance and cited numerous procedural concerns. Kris Miller, an Edwards resident, spoke on in favor of the ordinance. Tom Vucich, an East Vail resident, expressed his disappointment in Vail Resorts not negotiating in good faith and applauded Council for their stance regarding the Booth Heights property. Tony Ryerson, an East Vail resident voiced his support of the emergency ordinance and criticized Vail Resorts painting themselves as a victim. Public comment ended. Town Council Meeting Minutes of August 2, 2022 Page 10 Foley commented that during the appeal portion of the meeting, Vail Resort representatives referenced the Planning Commission and that they had left out the "E" which stood for environment, which Foley stated was part of the Town of Vail's heritage. Foley couldn't understand that anyone who was concerned about the environment wouldn't want to save the bighorn sheep. Davis explained he believed Council was overreaching with the emergency ordinance, and he would not vote in favor of its passage. Mason stated after understanding some geological activities could disrupt the herd and due to the unsuccessful collaboration with Vail Resorts concerning the property, she would support the ordinance. Langmaid also stated she would support the ordinance and explained the herd had been migrating lower during the summer months and would not want issuance of permits to disrupt the herd. Seibert expressed his disappointment with Vail Resorts and stated Residences at Main Vail was being built with the understanding that Booth Heights would be left for the sheep and explained Council cannot listen to what Vail Resort has told them. He stated Council could only observe what Vail Resorts has shown them. Seibert stated due to the fish kill in Mill Creek and the recent activity that happened in Keystone he did not think it would be responsible for the council to leave the parcel to Vail Resorts. Seibert stated he would be voting in favor of the ordinance. Coggin stated he was not in favor of condemnation but would support the emergency ordinance. Foley made a motion to approve the emergency ordinance suspending the issuance of permits for the Booth Heights Property, Staufer seconded motion passed (6-1 *Davis against). There being no further business to come before the council, Foley moved to adjourn the meeting; Davis seconded motion to adjourn passed (7-0). Town Council Meeting Minutes of August 2, 2022 Page 11