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HomeMy WebLinkAbout2023-04-04 TC Meeting MinutesVail Town Council Meeting Minutes Tuesday, April 4, 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 Travis Coggin, Mayor Pro Tern Kevin Foley Pete Seibert Barry Davis Jen Mason Jonathan Staufer Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manger Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk Sarah Smith-Hymes, a resident of Avon, CO, introduced herself as a candidate for the district 4 seat on the Eagle River Water and Sanitation District board. Chris Neuswanger introduced himself as a candidate for the District 4 seat on the Eagle River Water and Sanitation District board. Ross Leonhart, Vail Valley Foundation, encouraged the council and community to attend the "Apres at the Amp" event at the Gerald R. Ford Amphitheater. Tom Vucich, a Vail resident, thanked the Town for a successful Community Meeting the prior week and addressed Council regarding the updated Open Lands Plan and the status of additional potentially sensitive parcels. 2. Any action as a result of executive session There was none. 3. Appointments for Boards and Commissions 3.1 Building and Fire Code Appeals Board (BFCAB) Town Council Meeting Minutes of April 4, 2023 Page 1 Presenter(s): Kim Langmaid, Mayor Motion to reappoint Mark Hallenbeck, Kathy Langenwalter, and Gerald Meremonte to serve on the B&FCAB for a four-year term ending on March 31, 2027. Coggin made a motion to reappoint Mark Hallenbeck, Kathy Langenwalter, and Gerald Meremonte to serve on the B&FCAB for a four-year term ending on March 31, 2027; Davis seconded motion passed (6-0). 4. Consent Agenda 4.1 Resolution No. 13, Series of 2023, A Resolution of the Town of Vail Adopting an Investment Policy for the Vail Local Marketing District. Approve, approve with amendments, or deny Resolution No. 13, Series of 2023 Background: Please see the attached memo. Foley made a motion to approve Resolution No. 13, Series of 2023; Davis seconded motion passes (6-0). 4.2 Contract Award to DCJ Construction Inc. for the Remodel of North Trail Townhome, Unit D Authorize the Town Manager to execute a construction contract with DCJ Construction, Inc. in a not -to -exceed amount of $62,500. The total cost of the work is included in the first budget supplemental of 2023. Background: The Vail Town Council authorized the purchase of Unit D, North Trail Townhomes, subject to Resolution No. 60, Series of 2022. The objective of the purchase was to acquire the home, complete a much -needed remodel of the home, and subsequently sell the updated, deed -restricted home in a community lottery. The Town of Vail acquired the home for approximately $307,000. The total cost of the repairs and remodel work (materials and labor) is $125,000. 4.3 Letter of Support for FTA Low or No Emission Grant Program for Town of Avon Approve letter of support. Background: Support the Town of Avon's effort to pursue the FTA Low or No Emission grant to replace a diesel bus with a 35' electric bus. Mason made a motion to approve, Coggin seconded motion passed (6-0). 5. Town Manager Report 5.1 Town Manager Report Town Council Meeting Minutes of April 4, 2023 Page 2 5.2 Vail Town Council Priority Goals for 2023 5.3 Council Matters and Status Report Forrest gave an update on the status of SB23-23, the proposed land use code regulations that support housing and explained the State Land Board hosted a meeting earlier in the day to discuss the potential for a multi jurisdictional housing development on a piece of property in Eagle -Vail. 6. Action Items 6.1 Mountain Haus Permission to Proceed Presenter(s): Jonathan Spence, Planner Approve, approve with amendments, or deny permission to proceed. Background: The owner of the Mountain Haus, located at 292 East Meadow Drive, represented by K.H. Webb Architects, requests permission to proceed through the Design Review process to increase the area of Town of Vail property previously approved for the location of A/C equipment. Staff Recommendation: Evaluate the proposal to utilize Town of Vail property for the addition of air conditioning units and screening servicing the Mountain Haus building. This utilization of Town of Vail property would be subject to the terms of a revised license agreement and could be discontinued and removed if required to do so. Spence explained in 2020 the Mountain Haus was granted permission to proceed for air conditioning condensers on the town property and the previous approved area was not adequate for the equipment. The Mountain Haus was requesting an expanded area from 73sgft to 115sgf and offered a $10,000 contribution toward stream tract improvements. Spence stated staff would like to see the contribution go toward a landscape plan that was prepared by a licensed landscape architect and approved by DRB for improvements along the north and west side of the structure on town property. Kyle Webb, from K.H. Webb Architects, explained they were asking for an increase about 40sgft and agreed to contribute funds to clean up the stream tract behind the building. Langmaid explained because of the prominent location of the request, she would like DRB and an appropriate landscape planner's input on the plan. Coggin expressed he would not support the permission to proceed, but if other Council members supported the item, he would ask to go with the staff recommendation Spence previously discussed. Council members agreed a landscape plan should be a part of the approval. Town Council Meeting Minutes of April 4, 2023 Page 3 Spence clarified the staff recommendation was the applicant would work with Gregg Barrie, the Town's Landscape Architect to submit a plan to the DRB for approval and that approval would be subject for Council call up like all other DRB applications. Langmaid asked if the plan were to be approved, would there be a condition that the application had to maintain the areal to the same standard and pay for it. Spence stated the condition could be added as a condition of approval by the DRB. Davis asked if the Council would still require the $10,000 contribution for the stream tract improvements. Mason made a motion to approve the permission to proceed with the conditions that the applicant work with the Town's Landscape Architect, Gregg Barrie, to submit a landscape plan to be approved by the DRB, to pay to maintain the area as long as the improvements exist and to contribute $10,000 to stream tract improvements; Foley seconded motion passed (4-2 Langmaid and Coggin opposed). 6.2 Ordinance No. 7, Series of 2023, First Reading, An Ordinance of the Vail Town Council Repealing and Reenacting Section 12-" of the Vail Town Code to Simplify and Clarify the Procedures for Land Use Appeals Approve, approve with amendments, or deny Ordinance 7, Series of 2023 upon first reading. Presenter(s): Jamie Leaman -Miller, Planner Background: The purpose of Ordinance 7, Series of 2023 is to amend Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals. The existing section will be repealed in its entirety and replaced with the proposed language. 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. Leaman -Miller explained the ordinance was to update section 12-3-3, which would improve efficiency and clarity of the appeals process. He summarized the general changes which included: • Reinsert "adversely affected person" to certain sections • Adjusted deadline for filing appeals and scheduling a hearing • Review body or Council may adopt procedures for public hearing • Removed appeal form reference and consolidated fee section • 7-day appeal for administrator to determine standing, not subject to further appeal • Proposed to relocate Council "call-ups" to section C. Leaman -Miller also explained the Planning and Environmental Commission recommended Council approve the ordinance upon first reading. Foley clarified the ordinance updated the appeals process and cleaned up the language. Town Council Meeting Minutes of April 4, 2023 Page 4 Mire stated, other than minor tweaks, nothing changed regarding people's rights to appeal, except if it was determined there wasn't standing, the decision wouldn't be appealable anymore. Coggin asked for the definition of an adjacent owner and expressed concerns regarding notification to just the HOA as being insufficient and wanted all the owners that weren't fractional owners notified. Mire explained the definition of adjacent in this case was shared property line and clarified Coggin wanted notifications, regarding adjacency for shared communities, notification to go out to every member. Coggin stated he thought, other than fractional property owners, it would be only fair to notify everyone in the complex, not just the HOA. Mire state staff could accomplish those notifications and the persons notified would be based off what the assessor stated at the time of the application. Coggin also requested during the appeal hearing, the hearing should be just between the appellant and the appellee, the public should not be able to weigh in on the appeal. Mire explained an appeal is a specific legal process in front of a board and the ordinance to adopt an appeal procedure would be on a future meeting. Mire also stated the concept of only appellants and appellees could present during an appeal was important to be coded and would talk to staff to see where it would fit in the code. Council members also asked for the "call up" criteria be better defined. Mire explained a better definition for the criteria for "call up" would be difficult since Council could only make a decision for a "call up" based off meeting minutes. Council would receive all materials of the application after the decision to call up an appeal was made. Langmaid mentioned the compatibility regarding neighborhood and environment was not specific enough to include wildlife and ecological services and systems. Mire explained staff could address criteria concerns in a different ordinance and that the current ordinance just dealt with the appeals process. Seibert asked if there would be more procedures adopted. Mire stated he would be drafting a generic set of rules for appeal hearings and public hearings that would set the standards Council has already shared, reminding Council prior to any hearing they always had the right to adopt specific rules for a specific hearing. Public comment was called. There was none. Coggin made a motion to approve subject to changes for the notification process and the parties allowed to present in an appeal hearing; Davis seconded motion passed (6-0). Town Council Meeting Minutes of April 4, 2023 Page 5 Mire stated he would come back at second reading with the mentioned changes. 7. Public Hearings 7.1 Ordinance 6, Series of 2023, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects fun, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Timber Ridge Fund, and Residences at Main Vail Fund of the 2023 Budget for the Town of Vail, Colorado; and Authorizing the Said Adjustments as Set forth Herein; and Setting forth Details in Regard Thereto. Approve, approve with amendments, or deny Ordinance No. 6, Series 2023 upon second reading. Presenter(s): Alex Jakubiec, Budget Analyst and Short -Term Rental Manager; Carlie Smith, Finance Director Background: Please see attached memorandum. Jakubiec explained since the first reading, there were minor additional requests made that were outlined in the memo and asked if there were any questions before Smith went over requests made be the Vail Religious Foundation. Smith reminded Council they awarded the Vail Religious Foundation $500,000 towards the capital renovation of the Vail Chapel in the 2022 contributions process and in May of 2022, Council approved the chapel's request to release $250,000 of the $500,000 to be available immediately leaving the remaining $250,000 as "last in". Smith went on to explain the Vail Religious Foundation was requesting the remaining $250,000 of the Town's 2022 contribution be released instead of holding until "last in" to support the cash flow of the project and asked was re -requesting an additional $1 M that would go towards construction and campaign expenditures. Smith recapped as part of the 2023 contribution process, Council gave the direction to table the request and revisit after the 1 st quarter and the Vail Religious Foundation was making the request to accelerate the final stage of the campaign and ensure the construction was completed in a timely manner. Foley expressed he felt the Town made a substantial donation to begin with and the Town should stay with the original amount. Langmaid reminded everything the Inter -Faith Chapel was a multi -use and iconic facility. Seibert inquired the reason for the extra request and asked if donations were slowing down. Smith stated the Vail Religious Foundation reported their donations were still coming in steadily and the request was more to help cash flow the project. Town Council Meeting Minutes of April 4, 2023 Page 6 Davis voiced concerns regarding the additional amount requested. Mason suggested giving the foundation an additional $250,000, for a total contribution of $750,000. Langmaid stated $750,000 would be a 12% contribution and she would be comfortable with a 20% contribution but not 25%. Coggin explained he would be comfortable releasing the original $250,000 early to help with cash flow and another $250,000 as 'last in" dollars. Langmaid asked if Council members were comfortable with what Coggin suggested. All members agreed. Foley asked about the police vehicles that were mentioned in the memo. Forrest explained there was an accident on 1-70 where a semi -truck crashed into a patrol vehicle due to negligence by the driver. Public comment was called. Katie Santambrogio, represented the Vail Inter -Faith chapel, reviewed the completed work done at the chapel and what still needed to be completed. Coggin made a motion to approve the ordinance and authorize $250,000 to be released to the chapel and added $250,000 as an additional contribution for "last in", Foley seconded motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded motion passed (6-0), meeting adjourned at 7:01 pm. 01, y Attest: 00� AaRATSO teph nie Bibbens, Town Clerk Town Council Meeting Minutes of April 4, 2023 pectfully Submitted, m Langmai 4Mayo----- -- -..__Page 7