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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