HomeMy WebLinkAbout2023-05-16 TC Meeting MinutesVail Town Council Meeting Minutes
Tuesday, May 16, 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
Jen 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
Eugene Cojocari, Colorado Booting Parking Enforcement, addressed concerns he had
regarding parking enforcement within the town.
Students from Redstone Elementary School asked Council to support a school bus for the
students that live in the Town of Vail.
Dave Chapin, a Vail resident, stated his support for the Loading and Delivery program within the
town, reminded the community about the Hard to Recycle event later in the week, and
expressed his concerns regarding the overnight charges in the parking garage for employees
that worked late.
2. Any action as a result of executive session
There was none.
3. Youth Scholarship Recognition
3.1 Town of Vail Scholarship Program Recognitions
The Town of Vail has offered a financial scholarship program for Vail seniors who have
achieved academic excellence and leadership success and commitment to the Vail community.
The scholarship is to help fund students who are pursuing their next chapter in life at either a
Town Council Meeting Minutes of May 16, 2023 Page 1
college, university, or technical school. The 2023 award will be given to two Battle Mountain
High School senior students, Phillip D'Andrea and Audrey Knight.
Presenter(s): Kim Langmaid, Mayor
Langmaid announced the recipients of the Town of Vail $5,000 Scholarships. Battle Mountain
High school students Phillip D'Andrea and Audrey Knight each received the $5000 scholarship.
3.2 Colorado Grand Scholarship Award Recognition
The Colorado Grand offers an annual scholarship program to students attending local schools in
Eagle County. Edward O'Brien, representing Colorado Grand, will recognize Fiona Lloyd, a
senior student who attends Battle Mountain High School, and highlight the upcoming summer
Colorado Grand program, an event that has been in Vail for over 30 years.
Presenter(s): Kim Langmaid, Mayor and Edward O'Brien, Colorado Grand Representative
Langmaid announced Battle Mountain High School Student Fiona Llyod was the recipient of the
$10,000 Colorado Grand Scholarship.
3.3 Mauri Nottingham Excellence in Environmental Sustainability Scholarship Award
The Town of Vail created the Mauri Nottingham Environmental Quality Award to honor the
creator of the valley's "We Recycle" program and his financial contributions, and recognize
outstanding environmental programs or efforts in the community. This scholarship program is
intended to provide recognition and financial support to qualified Town of Vail residents,
students who attend school in the Town of Vail, or those who are employed in the Town of Vail
interested in pursuing education and careers in the field of Environmental Sustainability.
Academic programs can include bachelors or certificate programs at accredited colleges or
universities, online programs, or attendance at local symposiums. The 2023 award will be given
to Jessica Garofalo who is enrolled as a Sophomore at Santa Clara University.
Presenter(s): Kim Langmaid, Mayor
Langmaid announced Santa Clara University Student Jessica Garofalo was the recipient of the
$1,500 Mauri Nottingham Excellence in Environmental Sustainability Scholarship.
4. Proclamation
4.1 Proclamation No. 6, Series of 2023, "Marcie Laidman Day"
Read proclamation into the record.
Presenter(s): Kim Langmaid, Mayor
Background: Marcie Laidman is retiring as the principal from Red Sandstone Elementary school
after 10 years.
Town Council Meeting Minutes of May 16, 2023 Page 2
Council took turns reading the proclamation into the record.
S. Appointments for Boards and Commissions
Motion to appoint one member to serve on the DRB for a partial term ending March 31, 2024.
Presenter(s): Kim Langmaid, Mayor
Coggin made a motion to appoint Kathryn Middleton to the Design Review Board for a partial
term to end March 31, 2024; Staufer seconded motion passed (7-0).
6. Appointments for Vail Local Housing Authority
6.1 Vail Local Housing Authority (VLHA) Appointments
Motion to appoint one member to service on the VLHA for a five-year term ending May 31,
2028.
Presenter(s): Kim Langmaid, Mayor
Coggin made a motion to appoint Kristin Kenney Williams to the Vail Local Housing Authority for
a 5-year term ending on May 31, 2028; Mason seconded motion passed (7-0).
7. Consent Agenda
7.1 April 4, 2023 TC Meeting Minutes
Foley made a motion to approve; Coggin seconded motion passed (6-0, Staufer abstained due
to being absent that meeting).
7.2 April 18, 2023 TC Meeting Minutes
Davis made a motion to approve; Coggin seconded motion passed (7-0).
7.3 Resolution No.17, Series of 2023, A Resolution of the Town of Vail Town Council
Approving the Grant of an Easement to the Eagle River Water and Sanitation District
Approve, approve with amendments, or deny Resolution No. 17, Series of 2023.
Background: The Eagle River Water and Sanitation District is requesting an easement from the
town to install and maintain water lines to the Town of Vail Public Works building.
Coggin made a motion to approve; Mason seconded motion passed (7-0).
7.4 Resolution No. 18, Series of 2023, A Resolution of the Town of Vail Town Council
Approving a Sewer Easement between the Town of Vail and the Eagle River Water and
Sanitation District, and Vacating the Existing Sewer Easement.
Town Council Meeting Minutes of May 16, 2023 Page 3
Approve, approve with amendments, or deny Resolution No. 18, Series of 2023.
Background: The Town wishes to grant a sewer easement to the Eagle River Water and
Sanitation District, pursuant to the terms of the Sewer Easement.
Davis made a motion to approve; Coggin seconded motion passed (7-0)_
7.5 Contract Award to Morton Electric INC to Complete the Roundabout Lighting
Improvements at Exit 176
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Morton Electric Inc, to complete Roundabout Lighting Improvements at Exit 176,
not to exceed $1,600,000.00.
Background: The project's goal is to upgrade the lighting in the Vail Town Center roundabouts
to meet current lighting safety standards for both vehicles and pedestrians in a roundabout. The
current lighting does not meet these standards particularly at the pedestrian crossings.
Coggin asked what the purpose was of the supplemental request if the actual amount of the
budget was $1.75M and the contract award was for $1.6M.
Cariie Smith, Director of Finance, explained request for a supplemental for the project was to
ask for additional funds to cover contingencies within the project. Currently there was enough in
the budget to cover the cost of the contract, but not enough to cover issues that could possibly
come up during the project.
Foley made a motion to approve; Davis seconded motion passed (7-0).
7.6 Contract Award to SGM, INC to Complete the Subsurface Utility Engineering
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with SGM, INC to complete the Subsurface Utility Engineering in the amount not to
exceed $75,000.00.
Background: This work is in preparation for the Town to continue installation of the town's fiber
optic backbone by installing conduit from Fire Station #3 in West Vail to Lionshead along the S.
Frontage Road and the Gore Valley Trail.
Davis made a motion to approve; Foley seconded motion passed (7-0).
7.7 Contract Award to Advanced Network Management (ANM) to Purchase Support for
the Dell VXR Hyperconverged Infrastructure System
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Advanced Network Management to purchase support for our Dell VXRail
hyperconverged infrastructure system, in the amount not to exceed $150,000.
Town Council Meeting Minutes of May 16, 2023 Page 4
Background: The town purchased this hardware in 2017 with a 5-year support agreement,
which expired in June of last year and purchased an additional year of support through
Advanced Network Management last year and would like to purchase another year of support.
Coggin made a motion to approve; Mason seconded motion passed (7-0).
7.8 Contract Award to Rocky Mountain Landscapes for the Installation of Landscape
Buffer Work as Part of the Fire Free Five Program
Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes
in an amount not to exceed $57,300 for the installation of Landscape Buffer Work as part of the
Fire Free Five program.
Background: In the spring of 2022, the Town Council recommended that efforts should be made
to bring town -owned buildings into compliance with the Fire Free Five concepts proposed by
Vail Fire. During 2022, all town -owned structures were evaluated, then prioritized for
implementation.
Coggin made a motion to approve; Staufer seconded motion passed (7-0).
8. Town Manager Report
8A Council Matters and Status Report
8.2 SB23-213
Forrest informed Council the Senate Bill 213 did not pass from the State Legislature and
explained the Town plans to work with CAST to possibly propose language for affordable
housing and potential incentives and guidelines from the State that could be acceptable at the
municipal level.
Forrest also referenced the Town and other local partners working with the State on the State
Land Board property at Dowd Junction for a regional housing project.
8.3 Vail Valley Foundation Car Sponsorship
8.4 Council Strategic Goals Update
8.5 Other Updates
9. Action Items
9.1 Resolution No. 19, Series of 2023, Timber Ridge Development Agreement
Presenter(s): George Ruther, Housing Director
Approve, approve with amendments, or deny Resolution No. 19, Series of 2023.
Town Council Meeting Minutes of May 16, 2023 Page 5
Background: Timber Ridge Village Apartments Redevelopment Committee has been tasked
with negotiating a development agreement for the redevelopment of Timber Ridge.
Ruther gave a brief background explaining the Town of Vail acquired the Timber Ridge Village
Apartments back in 2003, with the sole purpose of preserving the deed restricted homes that
existed on sight at that time and with the understanding that the Town would need to redevelop
those homes.
Ruther explained the current Timber Ridge Project was the result of a public/private partnership
between the Town of Vail and Triumph Timber Ridge LLC to deliver a significant increase in the
supply of deed restricted homes in the community. Timber Ridge II would include the new
construction of 288 deed -restricted residential homes in 7 separate buildings with a total of 569
bedrooms.
Ruther stated the 7 new buildings would be comprised of a total of 56 studio, one -bedroom, 102
two -bedroom, 64 three bedroom, and 16 four -bedroom homes. The home would be available for
purchase and rent, but all must be occupied by individuals who work at least 30 hours per week
in Eagle County and earn a minimum of 75% of their annual income from said business.
Ruther went on to say, to date, the Vail business community and employers stepped forward to
place $5,000 per home reservations on 165 of the total 288 homes. An additional 44 of the total
homes would be owned by the Town of Vail for rental opportunities within the community, and
the remaining 79 homes would be available for purchase by individual homeowners as their
primary residence through the Town of Vail community housing lottery process.
Ruther gave a high-level outline of the development agreement with Triumph, highlighting:
• The Town of Vail shall be a co -applicant on all required development applications and
shall be authorized to sign said applicants.
• Triumph is a developer -at -risk, and as such all work, including, but not limited to, design
development, engineering, testing, entitlement, and horizontal and vertical construction,
shall be contracted directly through the developer with its general contractor and any
sub -consultants, and not with the Town of Vail.
• Triumph shall be responsible for all vertical development costs and guarantees to deliver
288 deed -restricted homes, subject to an Approved Development Plan. The approved
plans shall be incorporated into the development agreement by reference.
• Triumph shall be responsible for the legal subdivision of the property, including
delivering a final condominium unit map and all pertinent association governing
documents.
• Triumph will work with the Town of Vail Housing Department and shall be responsible for
the marketing and final sale of each of the homes, including completing a community
housing lottery process for the sale of the homes to individuals.
Town Council Meeting Minutes of May 16, 2023 Page 6
• Any project savings beyond the repayment of the Town's seed money and contribution
and Triumph's compensation shall be distributed to Triumph and the Town of Vail
subject to an 85% -15% share.
• Milestone Project Schedule:
o Development Application Submittal — June 26, 2023
o Building Permit Application Submittal — March 4, 2024
o Construction Start — May 1, 2024
n First Occupancy — November 1, 2025
+ Triumph shall be subject to liquidated damages, to the benefit of the Town of Vail, for
failure to receive a building permit and commence construction on the May 1,2024.
Triumph Development shall be subject to a $5,000 per day penalty for each day of delay
after May 1, 2024
• Triumph shall be subject to liquidated damages, to the benefit of the individual home
buyers, for failure to deliver certificates of occupancy according to the closing and
possession dates established in a purchase and sale contract. Triumph shall be subject
to a $1,000 per unit penalty, plus an added $250 per unit per day penalty for each
additional day of delay beyond the first.
Ruther ended his presentation by stating the Timber Ridge Redevelopment Committee
recommended the Vail Town Council approve Resolution No. 19, Series of 2023, as was
presented and upon doing so, the town staff and the developer would continue taking the steps
necessary to commence construction by no later than May 1, 2024.
E_angmaid asked for comments from Council.
Coggin complimented the developers, staff, and the business community for stepping up to help
make the proposed pricing structure of the Timber Ridge development work.
Council members thanked everyone in the project for their hard work and ingenuity.
Staufer expressed he would like the public to be aware of what protection the Town has
regarding the land and that construction would continue to be housing.
Mason asked when the 79 units would be up for the lottery process.
Ruther explained the lottery process would begin approximately in a year and a half at a
minimum.
Public comment was called, there was none.
Davis made a motion to approve; Mason seconded motion passed (7-0).
9.2 Resolution No. 20, Series of 2023, Operating Agreement for Residences at Main Vail
Presenter(s): Kathleen Halloran, Deputy Town Manager
Town Council Meeting Minutes of May 16, 2023 Page 7
Approve, approve with amendments, or deny Resolution No. 20, Series of 2023.
Background: The purpose of this discussion is to present the Residences at Main Vail property
management agreement between the Town of Vail and Triumph Mountain Properties.
Halloran explained the resolution was to approve the agreement between the Town of Vail and
Triumph West Management to manage the day-to-day operations at Residences of Main Vail.
Halloran outlined highlights in the agreement that included the following:
• 1 year term agreement with two renewals
• Termination with 120 days written notice by either party
• Triumph Management would receive a fee of 4% of gross receipts
• Effectively Triumph Management would be performing all of the day-to-day operations
and would be responsible for the Town of Vail's annual deed restriction compliance
reporting
Halloran asked if Council had any questions.
Foley asked about the costs in the operating account regarding travel and expenses incurred by
the manager since the manager would be living in town.
Halloran stated she would ask for clarification.
Staufer stated for the public that 4% was the market average.
Public comment was called, there was none.
Coggin made a motion to approve; Foley seconded motion passed (7-0).
9.3 East Vail Hiker Shuttle Pilot Program
Presenter(s): Chris Southwick, Mobility Innovation Coordinator and Jordan Winters, Transit
Operations Manager
Approve, approve with amendments, or deny funding to the East Vail Hiker Shuttle.
Background: Provide Town Council an update to the East Vail Hiker Shuttle Pilot Program and
request funding to allow staff to start implementing the program while we wait for an official
announcement on grant funding.
Southwick reviewed the changes made to the proposed East Vail Shuttle Pilot Program which
included:
• Operating the service with in-house staff and vehicles instead of using a third -party
operator
• Adjust service days from June 2 to September 3 daily and September 8 to October 8,
Friday through Sunday.
• Modified the span of service for trips to leave Vail Transportation Center at 7:45am until
4:45pm for a 7:45pm to 5:15pm span of service.
Town Council Meeting Minutes of May 16, 2023 Page 8
Southwick explained staff applied for grant funding for the pilot program but wanted to request
funding from the Town to allow staff to start implementing the program while waiting for an
official announcement on grant funding.
Langmaid asked for Council input.
Coggin asked if the grant was for only one year and wanted to make sure staff was over
communicating the shuttle program so guests could utilize the program more efficiently.
Southwick explained the grant was only for one year and there was money budgeted for
marketing to make guests aware of the program.
Forrest suggested staff also use the Town's normal communication systems help promote the
program.
Foley agreed stating it would be important to get the information out to the hotels and
condominium complexes that there was an alternative to them driving out to the trailhead in their
own shuttles.
Forrest stated the Town had been invited to a summer kick off with the lodging community and
there would be an opportunity to highlight the shuttle program at that event.
Public comment was called, there was none.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
9.4 Ordinance No. 11, Series 2023, First Reading, An Ordinance of the Town Council
Amending Section 1-5-11(A)(1) of the Vail Town Code Regarding Meetings of the Town
Council
Presenter(s): Matt Mire, Town Attorney
Approve, approve with amendments, or deny Ordinance No. 11, Series 2023 upon first reading.
Background: The Town wishes to update the Town Code regarding the meetings of the Town
Council.
Mire explained the current language in the Town Code was outdated and since Town Council
meetings were presently set administratively, there was no need for a code provision.
Public comment was called, there was none.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
10. Public Hearings
Town Council Meeting Minutes of May 16, 2023 Page 9
10.1 Ordinance No. 9, Series of 2023, Second Reading, An Ordinance of the Town Council
Repealing and Reenacting Section 7-10-9 of the Vail Town Code, Concerning the Penalty
for Violations of Certain Commercial Transportation Regulations
Presenter(s): Commander Lachlan Crawford, Vail Police Department
Approve, approve with amendments, or deny Ordinance 9, Series of 2023 upon second reading.
Background: The police department is requesting to change the penalty section of the
passenger transportation ordinance. The current penalty section is cumbersome and causes
confusion. The existing section would be replaced by Section 1-4-1, which governs the majority
of ordinances.
Crawford explained there were no changes made from the first reading.
Public comment was called, there was none.
Coggin made the motion to approve; Foley seconded motion passed (7-0).
10.2 Ordinance No. 10, Series of 2023, Second Reading, An Ordinance of the Town
Council of the Town of Vail, Colorado Amending the Definition of Unclaimed Property
under the Vail Town Code
Presenter(s): Commander Lachlan Crawford, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 10, Series 2023 upon second
reading.
Background: The police department is requesting a change to the lost property ordinance. We
would like to change the 180-day waiting period for found property to 90 days. This will not
affect jewelry or currency which will remain at 180 days.
Crawford explained there were no changes made from the first reading.
Public comment was called, there was none.
Coggin made a motion to approve; Davis seconded motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded motion passed (7-0), meet adjourned at 7:10 p.m.
Attest:
Respectfully S d,
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Ak�''- -
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im Langmaid,-Mayor
Town Council Meeting Minutes of May 16, 2023 Page 10
Stephanie Bibbens, Town Clerk
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Town Council Meeting Minutes of May 16, 2023 Page 11