HomeMy WebLinkAbout2023-03-07 TC Meeting MinutesVail Town Council Meeting Minutes
Tuesday, March 7, 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:
Members absent:
Staff members present:
1. Citizen Participation
Kim Langmaid, Mayor
Kevin Foley
Pete Seibert
Barry Davis
Jonathan Staufer
Jen Mason
Travis Coggin, Mayor Pro Tern
Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manger
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
Rebecca Kanaly, a United Way representative, thanked Council for the possible ownership
possibilities at Timber Ridge.
Jack Bergey, a Vail resident, expressed his concern that there wasn't an opportunity at the
afternoon meeting for public input during the Vail Stewardship Roadmap discussion, outlined
some responses he had regarding the roadmap initiatives, and encouraged homestay
opportunities.
2. Any action as a result of executive session
There was none.
3. Proclamation
3.1 Proclamation No. 3, Series 2023, One Book, One Valley, 2023
Read Proclamation No. 3, Series 2023 into the record.
Presenter(s): Lori Barnes, Director of Library Services
Town Council Meeting Minutes of March 7, 2023 Page 1
Background: Each year, The Bookworm of Edwards, Colorado Mountain College Vail Valley,
Vail Public Library, Vail Mountain School & Eagle County High Schools team up to promote one
book that the entire valley reads together, a reading program called "One Book One Valley".
We encourage all residents to read the same book at the same time to create a community
book club. Programs and events related to the chosen book happen throughout the valley and
will engage readers of all ages and interests. 2023 is the 12th year of this valley -wide
Community Read
Proclamation No. 3, Series of 2023 was read into the record.
4. Appointments for Boards and Commissions
4.1 Art in Public Places (AIPP) Appointments
Presenter(s): Kim Langmaid, Mayor
Motion to appoint two members to service on the AIPP for a two-year term ending March 31,
2025.
Davis made a motion to appoint Susan Graf and Courtney St. John to be appointed for a two
year term ending on March 31, 2025, Staufer seconded motion passes (6-0).
5. Consent Agenda
5.1 Resolution No. 9, Series of 2023, Approving a Memorandum of Understanding
("MOU") Regarding Planning for a State Land Board Community Housing Project.
Approve, approve with amendments, or deny Resolution No. 9, Series of 2023.
Background: The Town desires to enter into an agreement between the State Land Board;
County of Eagle; Towns of Vail, Minturn and Avon; Eagle -Vail Metropolitan District, Traer Creek
Metropolitan District, The Village Metropolitan District and EMD Limited Liability Company to
conduct a cooperative planning effort for the development of community housing and other uses
on State Land Board property situated adjacent to the Town of Avon and the Eagle -Vail and
Traer Creek Metropolitan District.
Davis made a motion to approve, Staufer seconded motion passed (6-0).
5.2 Resolution No. 10, Series of 2023, Approving an Intergovernmental Agreement
(" iGA") between the Town of Vail, the Town of Eagle, the Town of Avon, and the Eagle
County Sheriffs Office.
Approve, approve with amendments, or deny Resolution No. 10, Series of 2023.
Background: To decrease the number of intoxicated drivers on our roadways, law enforcement
agencies in Eagle County formed the Gore Range DUI Taskforce. The taskforce deploys
randomly to saturate various locations of Eagle County by officers and deputies trained to detect
intoxicated drivers. The taskforce takes a zero -tolerance approach to DUI enforcement to
Town Council Meeting Minutes of March 7, 2023 Page 2
reduce alcohol and drug related crashes. The Colorado Department of Transportation (CDOT)
provides funding for High Visibility Enforcement through a grant. Vail Police will manage the
grant from the funds received through CDOT and disseminate to the law enforcement agencies
that participate in these DUI HVE shifts. Grant period is July 1 — June 30 and the approximate
funding is $60,000 in total for Eagle County law enforcement agencies for the fiscal year.
Staufer made a motion to approve, Foley seconded motion passed (6-0).
5.3 Resolution No. 11, Series of 2023, Approving a Memorandum of Understanding
between the Town of Vail and Alliance for Sustainable Energy, LLC, Regarding the E-
Bikes for Essentials Electric Bike Ownership Program and the Shift Bike Share Program
Approve, approve with amendments, or deny Resolution No. 11, Series of 2023.
Background: Town of Vail launched the E-Bikes for Essentials program in 2021 in partnership
with NREL and Quiet Kat, a local electric bike (e-bike) manufacturer based in Eagle, CO. The
program was modeled off the successful Can Do Colorado E-Bike Pilot Program launched by
the Colorado Energy Office in 2020. E-Bikes for Essentials provides an electric bike (e-bike),
safety equipment (helmet, lights, bells), commuting gear (panniers), tools, and locks to income
qualified Town of Vail residents who are employed as essential workers. In exchange, selected
participants commit to using the a -bikes as their primary mode of transportation in the valley
during non -snow months and to assist in data collection using the CanBikeCO mobile
application developed by NREL.
Mason made a motion to approve, Foley seconded motion passed (6-0).
5.4 Contract Award to Hyder Construction for the HVAC Replacement in the Municipal
Building
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Hyder Construction to perform construction services including procuring long lead
item HVAC equipment in anticipation of replacing the HVAC system in the Vail Municipal
Building in the amount of, and not to exceed, $750,000.
Background: The Vail Municipal Building has been slated numerous times for a major remodels,
additions or other improvements over the last decade. All of these potential projects included
replacing the original HVAC system.
Mason made a motion to approve, Staufer seconded motion passed (6-0).
5.5 Letter of Support for Eagle County First Responder Regional Technology
Enhancement Project
Approve, approve with amendments, or deny letter of support.
Background: The Vail Police Department is requesting a letter of support for Congressionally
Directed Spending funds under the Department of Justice "COPS Tech" account in the amount
Town Council Meeting Minutes of March 7, 2023 Page 3
of $1,000,000 with a $1,000,000 local match. The funds will be used to replace our aging CAD
and RMS systems. The matching funds will be spread through 12 agencies County wide.
Mason made a motion to approve, Foley seconded motion passed (6-0).
6. Town Manager Report
6.1 Council Matters and Status Report
6.2 Vail Town Council Priority Goals for 2023
There was no additional report.
7. Action Items
7.1 Request for Mountain Towns 2030 Conference Funding
Presenter(s): Mia Vlaar, Director of Economic Development
Approve to sponsor the Mountain Towns 2023 conference in an amount not to exceed $50,000,
which would be included in the March supplemental budget request for Town Council's approval
at a later date.
Background: The Mountain Towns 2030 Climate Solutions Summit was held in Breckenridge in
2022. The organizers are interested in hosting the conference in Eagle County in 2023, and
have requested a sponsorship contribution from the host destination that includes a cash
contribution and in kind services and venues (accommodations and meeting space). This
component would require further negotiations.
Vlaar gave a brief overview of what the Mountain Town Collaborative was and explained Eagle
County would like to host the Summit in Vail for 2023.
Foley made a motion to approve, Davis seconded motion passed (6-0).
7.2 Ordinance No. 5, Series of 2023, First Reading, An Ordinance Adding a New Chapter
15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and Private
Security Employers
Presenter(s): Commander Justin Liffick, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon first
reading.
Background: The State of Colorado does not have a regulatory agency that provides oversight
of security companies, security guards, or training requirements for security staff. Large
metropolitan areas have created their own regulations to govern security companies and
security guards with a good deal of success. Until recently, there has not been any need for
these regulations in Vail. The increased presence of armed security personnel in Vail along with
several incidents have caused concern for unregulated security. The Vail Police Department is
requesting an ordinance for oversight and regulation of security companies that work in Vail.
Town Council Meeting Minutes of March 7, 2023 Page 4
Commander Liffick explained the ordinance addressed concerns the Vail Police Department
had with armed private security guards in reference to special events in Vail Village and in the
businesses in town.
Liffick stated the ordinance would allow the police department to provide oversite and
regulations for the armed security officers.
Staufer asked if the police department would have enough staff to implement the new criteria,
how the change would affect guests that traveled with their own private security and stated he
would like to see the number of guns in the villages only be by the police department.
Liffick stated it would not be a problem for the police department to implement the proposed
changes. The security company would submit a packet and based off what was submitted, the
police department would issue an annual permit. The security company would also need to
submit a written request on why they should be armed, which the police department would have
the ultimate authority to approve or decline the request.
Liffick also explained guest with their own private security would be exempt from this process.
Seibert asked if the security would remain the same as it was or if the public would see fewer
armed security in the future.
Liffick answered the police department had reached out to Ace Security and Citadel Security
and both companies were in favor of the proposed ordinance and felt there should be some sort
of regulation put into place.
Public comment was called.
Erick Gutierrez, owner of Ace Security, stated he was generally in favor of the ordinance, but
thought there needed to be more clarifications throughout the proposed ordinance.
Mire suggested he and Commander Liffick meet with Gutierrez to go through the ordinance to
identify possible issues for the security company and provide additional clarification regarding
the ordinance prior to the second reading.
Foley made a motion to approve, Staufer seconded motion passed (6-0).
B. Public Hearings
8.1 Ordinance No. 2, Series of 2023, Second 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 second
reading.
Town Council Meeting Minutes of March 7, 2023 Page 5
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.
Matt Gennett, Director of Community Development presented for Lehman -Miller. Gennett stated
there were no changes to the proposed ordinance since the first reading.
Mire stated for the public that the ordinance was per State law, the Town could not require joint
property owner's signature for solar.
Staufer made a motion to approve, Davis seconded motion passed (6-0).
8.2 Ordinance 3, Series of 2023, Second 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.
Presenter(s): CJ Jarecki, Chief Building Official
Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon second
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.
Matt Gennett, Director of Community Development, presented for Jarecki. Gennett stated there
were no changes to the proposed ordinance since the first reading.
Public comment was called.
Davis made a motion to approve, Foley seconded motion passed (6-0).
8.3 Ordinance No. 4, Series of 2023, Second 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
Town Council Meeting Minutes of March 7, 2023 Page 6
Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023 upon second
reading.
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.
Noll stated there were no changes to the ordinance since first reading.
Public comment was called. There was none.
Staufer made a motion to approve, Foley seconded motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded motion passed (6-0), meeting adjourned at 6:51pm.
Respectfully Submitted,
Attest:
Stephanie Bibbens, Town Clerk
Town Council Meeting Minutes of March 7, 2023 Page 7