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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