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HomeMy WebLinkAbout2022-10-04 Town Council MinutesVail Town Council Meeting Minutes Tuesday, October 4, 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: Travis Coggin, Mayor Pro Tern Barry Davis Kevin Foley Jen Mason Pete Seibert Jonathan Staufer Members present virtually: Kim Langmaid, Mayor Staff members present: 1. Citizen Participation Stan Zemler, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk Douglas Smith, a Vail resident, thanked Council for their investment in music for the town and expressed how important music was to the community and music set Vail apart as a destination and brought the valley together. Scott Rednor, a Vail business owner, thanked Council for their support of live music and their support for pop up live music during the pandemic which helped launch the non-profit MAPS institute of Modem Music. Samantha Biszantz, a Vail business owner and resident, expressed her concerns regarding distributors charging more for the dock fee for the loading and delivery program. She also stated the communication for the program needed improvement. Simone Reatti, a Vail business owner, voiced his concerns for the upcharge from vendors for the dock fee for the loading and delivery program and also worried if there were mistakes being made during the offseason, what would the program look like once the winter season started. 2. Any action as a result of executive session There was none. 3. Appointments for Boards and Commissions Town Council Meeting Minutes of October 4, 2022 Page I '; 3.1 Planning and Environmental Commission (PEC) Appointments Staufer made a motion to appoint Brian Judge to serve on the PEC for a partial term ending on March 31, 2023; Foley seconded motion passed (7-0). 4. Consent Agenda 4.1 Resolution No. 48 Series of 2022, a Resolution Approving Improvements to the Community Housing Lottery Selection Process Eligibility Requirements Approve Resolution No. 48, Series of 2022 and for the resolution to take effect upon passage. Background: Proposed improvements to the community housing lottery ticket eligibility process. Staff Recommendation: Approve Resolution No. 48, Series of 2022 and for the resolution to take effect upon passage. Davis made a motion to approve Resolution No. 48, 2022 as presented, with an amendment to add the stipulation "one ticket shall be awarded for owning deed restricted residential real estate within the Town of Vail at the time of lottery application submission deadline date as verified by signed and sworn affidavit an Eagle County Assessors Property Records; Mason seconded motion passed (7-0). 4.2 Xcel Energy Utility Easement Direct the Town Manager to execute the utility easement, in a form approved by the Town Attorney, with Xcel Energy. Background: Xcel Energy is requesting a Utility Easement across Tract C, just north of Sunbird Park to provide gas service to the Legacy and Elevation developments. Staff Recommendation: Direct the Town Manager to execute the utility easement, in a form approved by the Town Attorney, with Xcel Energy. Mason made a motion to approve; Foley seconded motion passed (7-0). 4.3 Contract Award with Icon Inc for Meadow Drive Culvert Replacement Direct the Town Manager to enter into a contract, as approved by the Town Attorney, with Icon Inc. in an amount not to exceed $76,190. Background: The Town bid the Meadow Drive Culvert Replacement Project which will replace an existing shallow culvert and add a new inlet. The project is a part of the East Vail Drainage Improvement Project Phase 11 scheduled to be constructed next year, however it has been expedited due to safety concerns and resident complaints. Staff Recommendation: Direct the Town Manager to enter into a contract, as approved by the Town Attorney, with Icon Inc, in an amount not to exceed $76,190. Town Council Meeting Minutes of October 4, 2022 Page 2 9 Staufer made a motion to approve; seconded by Mason motion passed (7-0). 5. Town Manager Report There was none. 6. Action Items 6.1 Sole Source Contract Award to Tri-phase Electric Company for Ford Park Lighting System Installation Staff requests the Council direct the Town Manger to enter into a construction contract with Tri- phase Electric Company in the amount of $132,111 for the installation of the Ford Park Synapse Lighting Control System components. Presenter(s): Todd Oppenheimer, Capital Projects Manager Background: The existing LSI Lighting Control system in Ford Park has been discontinued and is no longer supported by the manufacturer. The Town currently has no means of changing lighting schedules in Ford Park. The Town has worked previously with Fisher Lighting and Controls to assist the Town is selecting systems that will satisfy the requirements of the Ford Park lighting system. The Synapse System continues to wirelessly control all lights in Ford Park individually and as groups with the added benefit of allowing staff to make changes to the schedules without having to go through the manufacturer's product support center. Tri-phase Electric Company has worked with the Town of the Ford Park Lighting Control System from the initial installation in 2017. The company is uniquely qualified to perform the necessary tasks to replace the existing system components with the new Synapse Control System components. Staff Recommendation: Staff requests the Council direct the Town Manger to enter into a construction contract with Tri-phase Electric Company in the amount of $132,111 for the installation of the Ford Park Synapse Lighting Control System components. Oppenheimer clarified the upgrade to the Ford Park lighting control system was within the budget and did not require Council approval, but the sole source contract for Triphase Electric to install the system would need Council approval. Oppenheimer explained that there would be no learning curve for Tri-phase Electric and there wasn't another contractor in the Vail Valley that would be able to install this system to Ford Park. Foley clarified Ford Park would not have the lights on all night when the fields weren't being used like in the past. Oppenheimer explained the new system would allow for a dimmer light on the path that employees use to get to the Ford Park Parking Lot, but that the town would be able to turn off the part of the path that isn't maintained or used in the winter. Public input was called. Town Council Meeting Minutes of October 4, 2022 Page 3 10 There was none. Foley made a motion to approve; Staufer seconded motion passed (7-0). 6.2 Contract Award to GH Daniels III and Associates for Donovan Park Landscape Modification Project Direct the Town Manger to enter into a construction contract with GH Daniels III and Associates Inc. in the amount of $56,934 for the Donovan Park Landscape Modification Project. Presenter(s): Todd Oppenheimer, Capital Projects Manager Background: The Donovan Park Landscape Modification Project is a redesign of the existing lawn area between the Donovan Pavilion and new Donovan Park picnic shelter requested by the managers of the Donovan Pavilion. The primary intention of the design is to divide the lawn area into 2 easily recognizable sections to eliminate overlap between users of each facility. A secondary effect of the project is the replace a section of irrigated turf grass with drought tolerant native plant species. Staff Recommendation: Direct the Town Manger to enter into a construction contract with GH Daniels III and Associates Inc. in the amount of $56,934 for the Donovan Park Landscape Modification Project. Oppenheimer discussed the different design plans for the modification project and explained that some of the work would start in the current month but would be finished by May 2023. Oppenheimer explained the purpose of the contract was to increase the project budget by $22,000.00 and to award the construction contract to GH Daniels III and Associates. He stated that the increase in funds would be in the next budget supplemental. Mason made a motion to approve; Davis seconded motion passed (7-0). 6.3 Resolution No. 47, Series of 2022, a Resolution of the Vail Town Council Establishing a Special Fund to Accept Donations to Assist with the Town's Preservation and Protection of the Booth Heights Property and its Wildlife Habitat Approve, approve with amendments, or deny Resolution No. 47, Series of 2022. Presenter(s): Cartie Smith, Finance Director Background: Provide information for Resolution No. 47, Series of 2022, which will establish a designated fund for private and public contributions for the purpose of the conservation and protection of open lands for the Vail Bighorn Sheep herd. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 47, Series of 2022. Town Council Meeting Minutes of October 4, 2022 Page 4 11 Smith explained Resolution No. 47, Series of 2022 was in response to the community' request to help support the town's efforts to acquire Booth Heights and members of the community would be able to make their donations either through a website or in person at the Town of Vail Municipal Building. Public comment was called. Robin Birch, a Vail resident, stated she would like to donate to the Special Fund to assist with the Town's preservation and protection of the Booth Heights property and its wildlife habitat and asked if it was a 501 c3. Robyn Smith, a Vail resident, recommended Resolution 47, Series of 2022 have a more transparent title and asked to strike the PR and marketing from the budget since it didn't seem appropriate for the government to be directing funds to influence public opinion. She also recommended the addition of a line item to fund research for future preservation efforts. Bob Essin, a Vail resident, commented on how frequently he saw the bighorn sheep herd on both sides of the fence over the summer and that the sheep use the land more often than he realized. Richard Leslie, a Vail resident, stated the Council was doing a great job concerning the Booth Heights property, but needed to be more forceful and direct with their communications with Vail Resorts. Betsy Kiehl, a Vail resident, thanked Council for listening to the community and stated Vail Resorts was not being realistic regarding the Booth Heights parcel being "shovel ready" and noted it was odd that it seemed Vail Resorts continued to avoid the Ever Vail conversation when they have stated in the past employee housing is a priority. Debbie King Ford, a Vail resident, stated that if Vail Resorts was really concerned about housing, they would move forward with more shovel ready land that they already own. Pamela Stenmark, a Vail resident, encouraged Council to stay the course and agreed with the previous statements made by Debbie King Ford. Council members discussed omitting the marketing and public relations language in the resolution and requested staff to add preservation of habitat and ability to conduct scientific research to the resolution. Gina Grisafi, a Vail resident, stated she would like the PR and marketing line item to stay in the Resolution so that more could be done to counteract the negative messaging from Vail Resorts through social media. Staufer made a motion to approve Resolution No. 47, Series of 2022 with an update of removing the public relations and marketing fees from paragraph A, Section 1 and adding to Section D, of Section 1, the allowance of scientific research and habitat protection; Foley seconded motion passed (7-0). Town Council Meeting Minutes of October 4, 2022 Page 5 12 6.4 Ordinance No. 19, Series of 2022, First Reading, An Ordinance Repealing and Reenacting Title 5, Chapter 11 Of The Vail Town Code Concerning The Abatement Of Diseased Trees and Wildfire Fuels Approve or approve with modifications First Reading of Ordinance No. 19 Series of 2022 Presenter(s): Paul Cada, Wildland Manager and Matt Mire, Town Attorney Background: Staff has identified a number of practical difficulties with the application of Title 5, Chapter 11 of the Vail Town Code. Staff recommends changes to this section of Town Code to resolve identified issues with the issuance of tree removal permits and the abatement process for hazardous wildfire fuels. Staff Recommendation: Approve or approve with modifications First Reading of Ordinance No. 19 Series of 2022. Cada presented updates to address certain issues in the current code. He stated the first update would be to change the method of delivery for notifications from certified mail or personally delivered to first class mail or personally delivered to expedite communications from the department and would not require the owner to sign for the letter which would make access to the notification easier. The second change Cada presented was to add a Design Review Exemption process. He explained the process would codify existing administrative practices of Vail Fire and Emergency Services and Community Development in the issuance of permits for defensible space and diseased trees and streamline the issuance of permits. The last change Cada presented was eliminating the Joint Property Sign Off section of the code. He explained under the current code, all owners of joint property are required to receive permission to comply with the rest of the code which could result in extended delays in property owners complying with the previsions of the code. Getting rid of this section would allow property owners to comply with the code more quickly. Foley asked if there would be a decrease in the DRB staff approvals that Council sees on the DRB reports they review during work sessions. Cada responded that Council would still see staff approvals for tree removals as the proposed change only refers to dead or diseased trees, or trees that posed an imminent threat from wildfire. Anything else would go through DRB. Staufer asked what the right of appeal would be for a citizen under the new ordinance. Cada explained the right of appeal for public safety would go to through the Town Council. Davis asked about diseased tree removal time and when a diseased tree goes from being a threat to a danger. Town Council Meeting Minutes of October 4, 2022 Page 6 13 Cada explained the code allowed 30 days for removal or a plan of removal which was dependent on circumstance. He also explained dangerous trees could mean different things and required to be evaluated situation to situation and making sure appropriate public safety would be addressed. Langmaid expressed concerns over the variety of migrant birds that nest in the trees. She asked Cada if the code could include a time stipulation from early May to mid -July that prohibited tree mitigation during the birds' nesting periods unless there was an imminent threat or emergency. Public comment was called. Robin Birch, a Vail resident, asked how a homeowner would deal with a dead tree in the Town of Vail's right of way, stating she had a couple of worrisome trees on her property and asked for the town to have a protocol for homeowners regarding worrisome trees. Cada responded homeowners should notify either the Fire Department or Public Works with concerns of dead or diseased trees either on Town of Vail property or the homeowner's property and staff would assess the issue and evaluate steps to move forward. Foley made a motion to approve first reading of Ordinance 19 as presented, with the addition in section 5-11-5 of a three-month period to only taking down trees that pose an imminent public threat; Mason seconded motion passed (7-0). 6.5 Winter Parking Discussion Approve the winter 2022-2023 parking and mobility program and approve budget adjustments related to the winter 2022-2023 parking and mobility program. Presenter(s): Greg Hall, Public Works and Transportation Director Background; At the August 16, 2022, Town Council meeting initial recommendations were presented to the Town Council, On September 20, 2022, the Town staff presented the Parking & Mobility Task Force final recommendations for the winter 2022-2023 parking program for adoption. Based on the Town Council discussion and direction, the program has been modified to have time to prepare for parking sales and marketing to the public regarding this winter parking plan, as well as time to program the rate structure into the system. Approval of the program is required as this has become time sensitive for successful implementation. Staff Recommendation: Approve the winter 2022-2023 parking and mobility program and approve budget adjustments related to the winter 2022-2023 parking and mobility program. Halloran explained staff was bringing Council a revised parking plan that simplified daily parking rates and would hopefully modify parking behavior to help staff manage peak and overflow days. She also stated parking passes had been rebranded, but other than price increase, the passes remained largely the same. Town Council Meeting Minutes of October 4, 2022 Page 7 14 Hall presented the updates from the previous Town Council meeting on September 20, 2022 and explained the type of passes that were being sold and the requirements for purchasing those passes. Updates presented included: • The initial 0-30 min free period was proposed as a 1-hour free period all days Village and Lionshead with exception of Local pass holders that would receive 2 hours free on non -peak days. • The local's discount rates would be the same for all those who qualify in Vail and Eagle County. Pass holders would also be able to park for free from 5:00am to 9:00am any day and on non -peak days, local passes would be half -off the retail rates and half -off outlying daily rates on peak and non -peak dates. • The exterior variable message signs were moved to a 2023 capital budget request. Foley asked if the safe driver option, where if a person arrived after 3pm and got out of the structure the following day before 1lam because they had too much to drink and took a cab home, was still available in the upcoming season. Hall responded yes, in the Vail Village parking structure and in the Lionshead parking structure. Coggin stated staff should consider how to implement this program in the Red Sandstone structure as well. Smith reported to Council that although pass benefits would largely stay the same, signing up for the passes would be different this year with the online system. This would require uploading qualifying documents to an online portal and receiving a QR Code in an email once the documents had been verified by staff. Smith stated the parking staff would be reaching out to business owners in the upcoming weeks to discuss options for the upcoming season and staff would also host two full days of parking pass sign-up assistance to locals and employees on October 19 and 26, 2022. Smith explained there would be instructions posted to the webpage as well as social media posts to help passholders through the process. Foley asked where staff would be hosting the assistance for pass sign-ups. Smith stated staff would most likely be hosting the assistance in the Council Chambers. Coggin suggested adding a day for assistance in November. Hall finished his presentation by going over the budget for the new parking system which covered staffing, marketing, and adding variable message signs in the structures. He also outlined possible future implementations which included more research on the carpool program options and costs, continued Parking Task Force meetings and to explore a merchant validation pilot program. Town Council Meeting Minutes of October 4, 2022 Page 8 15 Coggin stated he would like the Local Pass to be $15.00 and expressed his support for encouraging locals to purchase passes in order to acquire the data that would help staff make better decisions regarding parking and consumer behavior. Public Comment was called. There was none. Davis agreed with Coggin's statement regarding pass data and suggested going to one rate structure for the first year instead of the two rate structures in an effort to help avoid confusion over the changes in the structures. Staufer asked about the impacts to the budget if Council changed the local pass from $50.00 to $15.00. Smith responded she could report updated projections at the next meeting but did not think the price change would cover the cost of what Hall presented earlier. Foley stated the Vail locals should pay $25.00 for their pass and Eagle County locals should pay $50.00 for their pass. He stated the differential rates were not confusing, and that people could understand that Friday, Saturday, and Sunday the consumer pays more and on Monday, Tuesday, Wednesday and Thursday they would pay less. Mason stated the differential rates were not new and most pass holders were familiar with the dual structures. Hall stated the dual rates would be new to the general consumer but not to locals and passholders. Langmaid thanked the public for their input and staff for their efforts to implement all the input they received from the public and Council and for all the hard work that had gone into the new parking program. Council members stated they would like a differential pass price for Vail locals and Eagle County locals. Vail locals should pay $25.00 and Eagle County locals should pay $50.00. Council agreed to the proposed pass price increase and also to supplement the proposed budget in the next budget supplemental. Foley made a motion to approve; Staufer seconded motion passed (7-0). 7. Public Hearings 7.1 Ordinance No. 18, Series of 2022, Second Reading, An Ordinance Making Budget Adjustments to the Town of Vail Real Estate Transfer Tax Fund and Capital Projects Fund of the 2022 Budget for the Town of Vail, Colorado, and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto - "Booth Heights" and "Town of Vail Employee Rental Purchases" Town Council Meeting Minutes of October 4, 2022 Page 9 Approve, approve with amendments, or deny Ordinance No. 18, Series of 2022, Second Reading. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. Staff Recommendation: Approve, approve with amendments or deny Ordinance 18, Series of 2022 on Second Reading. Smith explained the ordinance would allocate $20.0 million across the Capital Projects and Real Estate Transfer Tax Funds. $12.0 million was a placeholder for the Booth Heights parcel and $8.0 million would be added to the Capital Projects Fund to purchase Town of Vail employee rental inventory units. She stated $5.1 million of the $8.0 million was already allocated and approved by Council. Foley asked if the $8.0 million was added to the second reading as clean up to the supplemental. Smith stated the Capital Projects Fund had enough to cover the purchases, but staff wanted to make sure the $8.0 million was specifically allocated for employee housing rentals. Foley asked by increasing the Town's rental inventory, would the Town be able to potentially sell some of their other properties to locals as deed restrictions in the future. Smith stated that was a possibility. Public comment was called. There was none. Foley made a motion to approve; Staufer seconded motion passed (5-2 Coggin and Davis against). Coggin and Davis stated they agreed with the supplement for Town of Vail employee rental purchases but did not support the Booth Heights supplement and would be voting against the ordinance for that reason. There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (7-0), meeting adjourned at 7:41 pm. JA lop Attest: Stephanie Bibbens, Town LI .. ....—_._ _...I Town Council Meeting Minutes of October 4, 2022 ectfuliy Submitted ._._m f ! ngmaid Isar Page 10 17