HomeMy WebLinkAbout2023-02-21 TC Meeting MinutesVail Town Council Meeting Minutes
Tuesday, February 21, 2023
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
Kevin Foley
Jan Mason
Pete Seibert
Barry Davis
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Robert Truscheit, a Vail resident, expressed his concern regarding the current Town Code that
addressed animal control, stating Eagle County District Court handed down a decision on
January 10, 2023, that contravened two of the current Town of Vail codes under Title 6, Chapter
4, section 1 (intent) and 6 (failure to control animal) and asked that the code be updated to
resolve the contradictions.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1 January 3, 2023 TC Meeting Minutes
Foley made a motion to approve, Davis seconded motion passed (7-0).
3.2 January 17, 2023 TC Meeting Minutes
Davis made a motion to approve, Staufer seconded motion passed (7-0).
Town Council Meeting Minutes of February 21, 2023 Page 1
3.3 Resolution No. 6, Series of 2023, A Resolution Approving a State of Colorado
Subaward Agreement between the Town of Vail and the Colorado Department of
Transportation
Approve, approve with amendments, or deny Resolution No. 6, Series of 2023
Background: The Town of Vail and the Colorado Department of Transportation wish to enter into
an agreement with the purpose of providing capital, planning and Operating assistance to
support public transportation.
Coggin made a motion to approve; Foley seconded motion passed (7-0).
Foley asked for clarification regarding the Subaward with CDOT.
Greg Hall, Director of Public Works and Transportation, explained the subaward was operating
money that the Federal Government provided and for many years the Town didn't take
advantage of the opportunity, but had been for the past three years.
3.4 Resolution No. 7, Series of 2023, A Resolution Approving the Purchase of Residential
Property
Approve Resolution No. 7, Series of 2023 authorizing the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, the purchase of Buffer Creek
Condominium, Unit A6, 1860 Meadow Ridge Road, Vail, CO 81657 in the amount of, and not to
exceed, $517,500, plus dosing costs
Background: The ability 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. Availability of adequate housing remains a primary
barrier to acceptance of employment offers for the Town of Vail
Foley made a motion to approve, Staufer seconded motion passed (7-0).
3.6 Resolution No. 8, Series of 2023, A Resolution of the Vail Town Council Approving a
Street Cut Permit Pursuant to Section 8-1-21 Vail Town Code
Approve, approve with amendments, or deny Resolution No. 8, Series of 2023.
Background: The Town Council wishes to approve a street cut permit to allow for certain work to
be performed relating to the property known as West Middle Creek, with a physical address of
305 North Frontage Road West, Vail, Colorado.
Davis made a motion to approve; Coggin seconded motion passed (7-0).
Town Council Meeting Minutes of February 21, 2023 Page 2
Foley explained the permit would allow the Town to get started on the West Middle Creek
project to possibly obtain more employee housing in town.
3.6 Contract Award to A-1 ChIpseal for the 2023 Vail Slurry Seal Project
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with A-1 Chipseal to complete the 2023 Vail Slurry Seal Project in the amount not to
exceed $194,842.00.
Background: The 2023 Slurry Seal Project is budgeted with the Capital Street Maintenance
budget and is within the engineer's estimate. Roads included in this year's asphalt preventive
maintenance project are Westhaven Dr, Westhaven Cir, Greenhill Ct, Bald Mountain Rd, Manns
Ranch Rd, Booth Falls Rd, Booth Falls Ct, Katsos Ranch Rd, Aspen Ln, Aspen Ct and Booth
Creek Dr.
Coggin made a motion to approve, Mason seconded motion passed (7-0).
3.7 Contract Award to CMT Technical Services for the Geotechnical Work at West Middle
Creek
Direct the Town Manager to enter into a contract, as approved by the Town Attomey, with CMT
Technical Services in an amount not to exceed $228,500.
Background: The Town of Vail has initiated due diligence for future residential development on
Lots 4& 5 of the Middle Creek Subdivision ("West Middle Creek Parcel'). To facilitate and inform
the due diligence and design processes and to determine risks and associated costs related to
any residential development, geotechnical investigations are required.
Davis made a motion to approve, Staufer seconded motion passe (7-0).
3.8 Contract Award to Drop Bike, DBA Drop Mobility for the Shift Bike Regional Electric
Bike Share Program
Direct the Town Manager to enter into an agreement in a form approved by the town attomey
with Drop Bike, DBA Drop Mobility in amount not to exceed $224,000 for the execution of the
expanded Shift Bike Regional Electric Bike Share Program in 2023.
Background: Following the successful 2022 Shift Bike Regional Electric Bike Share Program,
Vail Town Council allocated $225,000 in the 2023 budget for staff to launch an expanded
regional electric bike share program in collaboration with Town of Avon, EagleVail Metro
District, Edwards Metro District, and Eagle County Govemment with Drop Mobility as the vendor
and operator of the system.
Mason made a motion to approve, Davis seconded motion passed (7-0).
3.9 Contract Award to Populous for the Dobson Ice Arena Conceptual Design
Town Council Meeting Minutes of February 21, 2023 Page 3
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Populous Architects to perform conceptual design and cost estimating for the
Dobson Ice Arena Renovation Project in the amount of, and not to exceed, $344,600.
Background: The Town Council and VRD Board met in July 2022 in a joint work session and
instructed the Town staff to begin the renovation process of the arena. On November 18, 2022,
the Town issued a Request for Qualifications for design services for the arena. The town
received 8 proposals from qualified design teams. A team of interdepartmental town staff' and
VRD staff narrowed the eight responding teams down to a shortlist of four teams. Populous was
chosen as the architect and engineering team to work on the Dobson project.
Coggin made a motion to approve, Foley seconded motion passed (7-0).
Forrest added the first scope of work was projected to be completed in the next 5 to 6 weeks
and at that time, staff would come back before Council and the VRD Board with options to move
forward with the project. Next steps would include approving a design for the new Dobson Ice
Arena.
3.10 Contract Award to RoadSafe Traffic Systems Inc. for the 2023 Roadway Striping
Maintenance
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with RoadSafe Traffic Systems Inc. for an amount not to exceed $57,281.40 for the
maintenance work for roadway striping for all Town roads.
Background: The Town of Vail publicly bids roadway striping maintenance work each year. This
year the Town received two bids.
Coggin made a motion to approve, Foley seconded motion passed (7-0).
4. Town Manager Report
4.1 Council Matters and Status Report
4.2 Strategic Planning Session Update
Forrest requested support to issue an RFP for an owners representative to help with the pre -
construction and construction for various projects the Town has undertook, specifically, Dobson
Ice Arena, and housing projects.
5. Presentation/Discussions
5.1 Vail Pedestrian Village Safety Project Update
Presenter(s): Tom Kassmel, Town Engineer
Listen to presentation and confirm project direction.
Background: The Town of Vail has contracted with Kimley Horn to complete the design of the
Vail Pedestrian Village Safety Project which includes the selection of and the design of
Town Council Meeting Minutes of February 21, 2023 Page 4
approximately 70 bollards and or equivalent safety measures and barricades at various
locations within the Vail Village, the Lionshead Village, and Ford Park. The
purpose of this discussion is to confirm the project goals, review the initial concept, and identify
initial concerns.
Kassmel stated the main goal of the project was to provide a safe and inviting pedestrian
experience within the Town's high pedestrian areas by installing a flexible vehicular access
control program that would create a safer pedestrian environment and was flexible enough to
generate more secure pedestrian areas that restrict vehicular access completely during special
events, which would help mitigate the potential threat of intentional and/or errant
vehicle/pedestrian conflicts resulting in injury or death, all while maintaining full access for
emergency vehicles and responders.
Kassmel identified challenges with the project which included how authorized vehicles that were
already permitted within the town, (buses, loading and deliver vehicles, maintenance vehicles,
private property owners, enforcement) would continue their services unencumbered.
Kassmel presented two alternative concepts. The first concept, identified as Safe Access
Control, focused on controlling the existing access points in the villages, only having access
through Check Point Charlie, proximity card access for buses, maintenance workers, and
emergency/enforcement, which would cost between $2 million and $3 million dollars.
The second concept, identified as Safe and Secure Access Control, focused on added security
measures at non -typical access points, and would create a designated secure special event
area that would include Solaris, East Meadow Drive, Bridge Street, Gore Creek Drive, Willow
Bridge Road, Lionshead, Dobson/Library Plaza, and Ford Park Amphitheater, would have
bollards at private property garages, and would cost between $5 million and $7 million dollars.
Kassmel explained each plan would require certain operations, which would include secured
cloud -based operations, cameras at bollard locations, access to the villages through Checkpoint
Charlie, proximity cards, or vehicle proximity and the Town would control the times of day,
locations and special events the bollards were used. Keeping in mind the impact the system
could have on buses, loading and delivery, emergency vehicles and private property owners.
Kassmel also outlined a potential phasing implementation which included phase I of a pilot
program at Checkpoint Charlie, phase II addition of perimeter control and phases III and IV
would implement additional internal control.
Kassmel asked Council about next steps moving forward with project goals, confirm phasing
and pilot program and explained next steps for the project would include public out -reach, phase
I design and vendor selection and phase I pilot construction.
Coggin stated he felt less was more and saw the project more as a traffic deterrent to help
guests navigate the pedestrian villages.
Staufer asked about the Tailsman's current access.
Town Council Meeting Minutes of February 21, 2023 Page 5
Kassmel stated ideally all traffic would go through Checkpoint Charlie and the bollards would
help mitigate backdoor access (which the Tailsman currently utilizes through Solaris and West
Meadow Drive) in the village and make guest use a specific route.
Council members voiced concerns about vehicles if met with bollards.
Kassmel outlined different options on the map he provided.
Staufer asked about public input, specifically from Village Center and the Tailsman.
Kassmel explained he was looking for direction from Council before public outreach but
expected there would be some concerns.
Langmaid stated she would like to see minimalistic approach and a small pilot program.
Davis asked about the cost of the pilot program, common consumption areas, how real the
threat of security issues were in the Town and how would the bollards work in high traffic areas.
Kassmel explained the pilot project would cost between $200,000 to $500,000 and common
consumption would be more of a legal discussion but there could be an opportunity to bring it
back with some of the areas blocked off with bollards.
Commander Ryan Kenney of the Vail PD, responded to the security threat by stating there
wasn't any hard data, but across the world there have been catastrophic incidences where
someone accidentally or purposefully had driven into crowds at events. The project would help
minimize the threat. Blue barricades were currently used but there were complaints about them
encroaching on pedestrian walkways and not being ascetically pleasing.
Kassmel also explained staff would be looking further into the high traffic areas and explained
there was a lot of opportunity to provide alerts either visually or auditable to high traffic areas so
the public would not be hurt.
Mason stated she hadn't envisioned this project with terrorism in mind but more for the guests
being able to navigate the pedestrian villages more safely.
Seibert agreed with Mason and stated it was really about the safe access for guests and
suggested having bollard locations at the previous gate access points and was interested to see
what came from the public out -reach.
Coggin stated he would be comfortable with locations at Checkpoint Charlie and Solaris but
wanted more information to see what would work and how it would work before committing to
anything.
Staufer expressed he thought something needed to be done but didn't feel the proposed plan
was quire right for the Town and thought while going through the process, staff might find a
better solution that would be more appropriate for Vail.
Town Council Meeting Minutes of February 21, 2023
Page 6
Foley asked about staffing at Checkpoint Charlie and how guests would access the village if
there wasn't someone at Checkpoint.
Kassmel explained those concerns would be addressed when formatting a standard operating
procedure but gave a few ideas such as a call button to PD for access or a proximity card.
Davis asked how long the pilot area would take to construct.
Kassmel stated four to six weeks with phasing so cars could still access Checkpoint Charlie and
would ideally occur during the spring or fall for less impact on guests.
Langmaid stated Council needed more information and data and this wasn't something Council
would free comfortable fast tracking.
Forrest confirmed for staff that Council wanted more research and to come back with a more
refined number for a pilot project.
Public comment was called.
Bob Armour, a Vail resident, expressed his concerns regarding safety and potential bollard
system failures.
Dick Cleveland, a Vail resident, stated the proposed bollard project was too much for Vail
Village and suggested the money be invested in alternative projects.
6. Action Items
6.1 Ordinance No. 2, Series of 2023, First Reading, An Ordinance Amending Section 12-
11-4 of the Vail Town Code Concerning Renovations to Jointly Owned Properties
Presenter(s): Jamie Leaman -Miller, Planner
Approve, approve with amendments, or deny Ordinance No. 2, Series of 2023 upon first
reading.
Background: Under Colorado law, any covenant, restriction, or condition that "effectively
prohibits or restricts the installation or use of a renewable energy generation device is void and
unenforceable." C.R.S. § 38-30-168(1)(a). While generally requiring written approval for
renovations to any jointly -owned property is well within the Town's authority, this process
creates a conflict when applied to the installation of solar or other renewable energy generation
devices upon a commonly -owned property.
Leaman -Miller explained staff was recommending to comply with the State law regarding solar
panels and the ordinance presented would remove joint property approval for energy efficiency
requests.
Leaman -Miller went on to clarify that the applications would still have to go before and be
approved by the Design Review Board.
Town Council Meeting Minutes of February 21, 2023 Page 7
Public comment was called. There was none.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
6.2 Ordinance 3, Series of 2023, First Reading, An Ordinance Amending Title 3 of the Vail
Town Code by the Addition of a New Chapter 7, Establishing the Building and Fire Code
Appeals Board, and Amending Title 10 of the Vail Town Code by the Addition of a New
Section 10-1-13, Establishing Procedures for the Appeals Process. Ordinance No. 1,
Series of 2023, First Reading, an Ordinance Amending Chapter 14 of Title 4 of the Vail
Town Code to Expand Acceptable Insurance Types for the Licensing of Short -Term
Rental Properties.
Presenter(s): CJ Jarecki, Chief Building Official
Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon first
reading.
Background: The BFCAB, or some variant of an Appeals Board, has been in existence in the
Town for many decades. The codes adopted by the Town, published by the International Code
Council, specify that this Board shall be established by the Town. As such, this Board is
essential to the successful administration of the adopted codes of the Town. Unfortunately, a
search of the current and historical Town Municipal Code and Charter have shown that there is
no language provided for the BFCAB or its function. Additionally, language regarding the
appeals process was inadvertently deleted from the Vail Town Code during the code adoption
that took place in July of 2022. The second part of the ordinance simply puts this language back
into the Vail Town Code.
Jarecki explained the first part of the ordinance would add the Building and Fire Code Appeals
Board in an official capacity to the town code and the second part of the ordinance would add
language regarding the appeals process that was inadvertently deleted from the Vail Town
Code during the code adoption that took place in July of 2022.
Public comment was called. There was none.
Coggin made a motion to approve, Davis seconded motion passed (7-0).
6.3 Ordinance No. 4, Series of 2023, First Reading, An Ordinance of the Vail Town
Council Amending Section 4-1-6 of the Vail Town Code to Exempt Certain Businesses
from Local Business License Requirements
Presenter(s): Lauren Noll, Sales Tax Administrator
Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023
Background: The purpose of Ordinance No. 4, Series 2023 is to amend business licensing
requirement exemptions as defined by Title 4, Chapter 1 of the Vail Town Code to comply with
Senate Bill 22-032.
Town Council Meeting Minutes of February 21, 2023 Page 8
Noll explained the ordinance was an update to comply with Senate Bill 22-032, which stated the
town may not charge a business license fee for a retailer that does not have a physical
presence within the Town of Vail.
Noll clarified the town already followed this policy, but the ordinance would be adopted to the
Town Code.
Public comment was called. There was none.
Coggin made a motion to approve, Staufer seconded motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded motion passed (7-0), meet adjourned at 7:14p.m.
Respectfully Submitted,
Attest: !
m Langm id, yor
fh4ai Bibbens, Town ClerkOF
RA
Town Council Meeting Minutes of February 21, 2023 - L1-L - Page 9