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.
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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.
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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