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HomeMy WebLinkAbout2023-07-18 TC Meeting MinutesVail Town Council Meeting Minutes Tuesday, July 18, 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: Staff members present 1. Citizen Participation There was none. Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tern Kevin Foley Jen Mason Pete Seibert Barry Davis Jonathan Staufer Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1 June 6, 2023 TC Meeting Minutes Foley made a motion to approve, Mason seconded motion passed (6-0, Langmaid abstained because she was absent the meeting). 3.2 June 20, 2023 TC Meeting Minutes Foley made a motion to approve; Coggin seconded motion passed (7-0). 3.3 Resolution No. 26, Series of 2023, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Eagle County Clerk and Recorder Concerning a Coordinated Election on November 7, 2023. Approve, approve with amendments or deny Resolution No. 26, Series of 2023. Town Council Meeting Minutes of July 18, 2023 Page 1 Background: The Town of Vail wishes to enter into an Intergovernmental Agreement with Eagle County Clerk and Recorder for the purpose of conducting a coordinated election on November 7, 2023. Coggin made a motion to approve; Foley seconded motion passed (7-0). 3.4 Resolution No. 27, Series of 2023, A Resolution Approving an Intergovernmental Agreement with the Town of Avon, Eagle Vail Metro District and Eagle County Government for distribution of the CDOT Office of Innovative Mobility Grant for the Shift Bike Share Expansion to Provide for the Distribution of Funds Relating to a Certain Transportation Demand Management Innovation Grant from the Colorado Department of Transportation to Fun the Shift Bike Electric Bike Share Program Expansion Project Approve, approve with amendments, or deny Resolution No. 27, Series of 2023. Background: The Town of Vail, Town of Avon, Eagle Vail Metro District, Eagle County, and Edwards Metro District partnered in 2023 to expand the Shift Bike regional electric bike share program. The partner communities secured $50,000 through the Colorado Department of Transportation's Transportation Demand Management Innovation Grant to help proportionately offset the expansion costs in each partner community. The Town of Vail was the lead applicant for the grant and administering entity for grant reporting requirements and distribution of the funds to the other partner communities. The IGA allows for Town of Vail to distribute allocated grant funds. Davis made a motion to approve; Mason seconded motion passed (7-0). 3.5 Contract Award to Sigma Tactical Wellness for the Annual Officer Wellness Check Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Sigma Tactical Wellness for the Annual Officer Wellness Check, not to exceed $53,000.00. Background: The purpose of this item is to receive Council's approval for the Vail Police Department's Annual Sigma Officer Wellness Check. This is a program Vail Police Department has been doing for many years to ensure our officers are physically healthy to perform their jobs to the best of their abilities. Mason made a motion to approve; Staufer seconded motion passed (7-0). 3.6 Contract Award to Lazano's Welding, Gallegos Masonry, & Intermountain Painting for Structural Replacement to Stair #5 in the Vail Village Parking Structure Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Lazano's Welding for the Structural Replacement Project, not to exceed $224,700.00, Gallegos Masonry for a sum not to exceed $13,700.00, and Intermountain Painting for a sum not to exceed $7,200.00. Town Council Meeting Minutes of July 18, 2023 Page 2 Background: The eastern end of the Vail Village Parking Structure was constructed in 1991. Years of moisture retention has caused Stair #5 to have considerable rusting affecting the treads, steel stringers, and landings. Staff have removed many of the thread noses to prevent trip hazards and injury to the public. A complete replacement of the stair system is recommended by staff. Mason made a motion to approve; Staufer seconded motion passed (7-0). 3.7 Contract Award to Restruction Corporation for Structural Repairs & Expansion Joint Replacement Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Restruction Corporation not to exceed $172,800.00 Background: For the past several years, Public Works has contracted for structural repairs and expansion joint replacement in both parking structures under the advice of J.R. Harris & Associates structural engineers. The proposed work is a continuation of this program. Mason made a motion to approve; Davis seconded motion passed (7-0). 3.8 Letter of Support for 1-70 East Vail Pass Wildlife Crossings Discretionary Grant Application Approve, approve with amendments, or deny Letter of Support. Background: Summit County Safe Passages for Wildlife and Colorado Department of Transportation (CDOT) are seeking a federal grant for the construction of three wildlife crossings and wildlife exclusion fencing on 1-70 on the east side of Vail Pass (from the summit of Vail Pass to Copper Mountain). This project has potential to restore wildlife corridors and habitat connectivity by providing safe crossings for species including Canada lynx, mule deer, elk, moose, and bighom sheep while protecting motorists from collisions with wildlife. CDOT has already secured $750,000 from the State of Colorado general fund for the project. The coalition planning the project has reached out to Town of Vail requesting a letter of support for their funding application to US Department of Transportation. Summit County Safe Passages is also soliciting private donations to support the project. Staufer made a motion to approve; Mason seconded motion passed (7-0). 4. Town Manager Report 4.1 Town Manager Report Forrest asked Council to change the wording for the scope of work for the City Hall and Civic Center project to go into next year with the RFP Scope. Halloran received approval to change the date of the Vail Social from September 12, 2023, to August 29, 2023. 4.2 Council Matters and Status Report Town Council Meeting Minutes of July 18, 2023 Page 3 4.3 Vail Town Council Priority Goals for 2023 S. Action Items 5.1 Contract Award to ViaOne Services and Graybar for Fiber Optic Cable Construction Presenter(s): TJ Johnson, Director of Information Technology Approve the Town Manager to enter into a contract, approved by the Town Attorney with ViaOne Services for fiber optic cable construction, not to exceed $775,000.00 and Graybar for fiber optic materials not to exceed $80,000.00. Approve, approve with amendments, or deny budget increase by $325,000.00 for additional expenses over the predicted budget and for a 10% contingency. Background: Fiber Optic cable is the backbone upon which all intemet connectivity depends. This project will provide an additional path for this critical infrastructure, thereby enhancing the reliability of our town's broadband intemet and cellular communications and position us to provide future connectivity to additional areas of the town. Johnson requested that Council approve an agreement with ViaOne Services in order to provide the necessary construction services to install conduit and fiber optic cable in Vail to support more reliable Internet and cellular functionality, approve an agreement with Graybar to purchase the necessary materials for the same project and requested additional funding because of increased costs with construction services. Foley asked who's right of way the project would take place. Johnson responded it was mostly Colorado Department of Transportation's right of way. Langmaid asked what traffic impacts the project would have. Johnson explained CDOT would handle all of the traffic impacts and the impacts should be minimal except for the impact at the West Vail exit. Davis made a motion to approve the Town Manager to enter into a contract, approved by the Town Attorney with ViaOne Services for fiber optic cable construction, not to exceed $775,000.00 and Graybar for fiber optic materials not to exceed $80,000.00 and approve the budget increase by $325,000.00 for additional expenses over the predicted budget and for a 10% contingence; Mason seconded motion passed (7-0). 5.2 H.R. 1380 - Protect America's Rock -Climbing Act Presenter(s): Kristen Bertuglia, Environmental Sustainability Director Should the Vail Town Council wish to take action concerning H.R. 1380, staff recommends a position of Oppose. Background: H.R. 1380, Protect America's Rock -Climbing Act, introduced by Representatives John Curtis (R-Utah) and Joee N4m (D-Colo.), would direct the Secretaries of Agriculture and Town Council Meeting Minutes of July 18, 2023 Page 4 the Interior to adhere to allowing for activities previously prohibited in designated Wilderness, including rock climbing, the placement, use, and maintenance of fixed anchors, and the use of other equipment necessary for recreational climbing. Bertuglia explained at a previous meeting, Council asked staff to provide more information regarding HR 1380, a bill titled Protect America's Rock -Climbing Act, that would direct the Secretaries of Agriculture and the interior to set new guidance for recreational climbing and the use of permanent anchors in the wilderness. Bertuglia stated Council did not need to take a position on HR 1380, but if Council wanted to take a position, staff would recommend joining the US Forest Service, the National Park Service, and the Departments of the Interior and oppose the bill. Bertuglia explained their position was that wilderness was guided by the Wilderness Act, which had special wilderness values and HR 1380 would undermine those values. Bertuglia went on to say supporters like the Access Fund and American Alpine Club argue HR 1380 would address safety concems, would allow people to go safely where they may not have previously had access to, and would allow easier access for Search and Rescue. Davis stated he would like more information regarding support of the Bill instead of just opposition before he would feel comfortable voting on a position. Seibert stated hikers and campers were expected to leave no trace when going into wilderness areas and didn't understand why it would be different for climbers. Bertuglia explained the support for the climbers would be the safe climbing access. Davis stated he would like to hear wilderness first responder's opinion on the Bill. Bertuglia referenced an Access Fund link that was provided in the packet, which made the case that fixed anchors would make for easier access and down climb if someone needed to be rescued. Foley stated wilderness was wildemess and to let it be. Seibert explained there were other forms of protection climbers could use. Public comment was called. Michael Browning, East Vail resident, urged Council members to sign an opposition letter for the PARC Act, stated he was a climber and thought the safety concems were a red herring. He went on to say the wildemess was meant to have obstacles, was meant to be hard, and was meant to challenge people. The Wilderness Act prohibits installations in wildemess areas. Tim Nottingham, Director of the Eagle Climbing Coalition, explained, currently, all of the governmental institutions had different regulations regarding fixed anchors and the PARC Act Town Council Meeting Minutes of July 18, 2023 Page 5 would create clarity at the Federal level across all of the institutions. He also explained the PARC Act would not allow for sport bolting. Forrest asked where the PARC Act was in the Legislative Process. Bertuglia answered the PARC Act was introduced and was with the House of Representatives, but there wasn't a time set to hear the Act yet. Council asked staff for this item to come back the first meeting of August to allow members time to better understand the impacts of the Protect America's Rock -Climbing Act. 5.3 Ordinance No.13, Series 2023, First Reading, an Ordinance of the Town Council of the Town of Vail, Colorado Amending Chapter 2 of Title 4 of the Vail Town Code, Regarding Alcoholic Beverages and the Local Licensing Authority Presenter(s): Matt Mire, Town Attorney Approve, approve with amendments, or deny Ordinance No. 13, Series 2023 upon first reading. Background: At the direction of Council, staff is bringing forward a modification to the Town Code regarding the Local Licensing Authority. Mire explained Council requested staff to research the procedures other municipalities practice regarding liquor code and he found most communities have given the administrative responsibilities to the Town Clerk. Mire stated the proposed ordinance would eliminate the need for a Local Licensing Authority in favor of a hearing officer and the Town Clerk would handle most of the responsibilities, which was permitted by State Statute. Mason asked Bibbens how the proposed ordinance would affect Special Event Liquor Permitting. Bibbens explained the Town already had an Event Review Committee, which was made up of different departments within the organization, that vetted special events and included Special Event Liquor Permits. Mire stated currently the Local Licensing Authority received the Special Event Liquor Permit applications after the event producers went through the Event Review Committee process. Part of that process was making sure the event producers provide public safety, maintain the liquor boundaries, and all the other aspects of the events. Mire went on to say, if the Town didn't have an Event Review Committee, it would be the Local Licensing Authority's responsibility administer that process. Langmaid summarized eliminating the Local Licensing Authority would create more efficiency and other municipalities were using a Hearing Officer. Mire explained a lot of jurisdictions had a hearing officer rather than an Authority, but there were some municipalities that still used an Authority based off of their need. Town Council Meeting Minutes of July 18, 2023 Page 6 Foley asked what the compensation would be for a hearing officer. Mire answered the hearing officer's compensation would be an attorney's hourly rate, billed by hours worked, which might be an hour a month. Coggin made a motion to approve; Davis seconded motion passed (5-2, Foley and Staufer opposed). 6. Public Hearings 6.1 An Appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Planning and Environmental Commission on May 22, 2023, denying variances from Section 12-613-6 Setbacks, Vail Town Code, and Section 14-10-4. Architectural projections, decks, balconies, steps, bay windows and the like, Vail Town Code, In accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow variances to the required setback(s) for proposed improvements of the eastern unit (Unit A), located at 706 Forest Road, Lot 9, Vail Village Filing 6 Presenter(s): Greg Roy, Senior Planner Uphold, uphold with amendments, or overturn PEC's decision. Background: Paul J. and Danita K. Ostling, represented by Matthew Stovall of Stovall Associates, P.C., requested the review of Variances, pursuant to Section 12-17-1, Variances, Vail Town Code, to allow variances to the required setback(s) for proposed improvements of the western unit, (Unit A), located at 706 Forest Road, Lot 9, Vail Village Filing 6. (PEC23-0007). On May 22, 2023, the Planning and Environmental Commission held a public hearing on the Variance application and voted 7-0 to deny the application, finding that the application failed to meet required criteria #2 and #4. The applicant appealed a denial for variances to the required setbacks for proposed improvements at 706 Forest Road. On May 22, the Planning and Environmental Commission held a public hearing on the variance application which requested an office space off of the first - floor deck. The PEC voted 7-0 to deny the application, finding that the application failed to meet required criteria. Roy stated the request was a variance from setbacks for an addition. The Planning and Environmental Commission moved to deny the application because they found that it did not meet the criteria necessary for the granting of a variance. Langmaid went over the procedure for the appeal process. Matthew Stovall, representative of the appellant, explained his client's application asked for the ability to enclose a bottom deck that was already in the setback and add 71ft of additional square footage. Stovall stated the application did not meet the requirements for a variance because of criteria two and four, but his client wanted Council to look at the application from a bigger picture at Town Council Meeting Minutes of July 18, 2023 Page 7 some of the changes they feel are happening in the commercial direction with regards to timeshares or homes on Forest Road and referenced a funicular that was approved next door to the applicant's house. Langmaid asked if the funicular was a variance. Stovall explained the funicular was not a variance because it was in the setback. Langmaid asked if staff had any closing comments for Council. Roy stated they had nothing further but was available for questions. Langmaid asked if there were any additional Council Comments. Coggin stated after reading through the packet and information provided, he thought the PEC followed the Town's criteria and he agreed with them. Coggin made a motion to uphold the May 22, 2023, decision of the Planning and Environmental Commission, Foley 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 6:42 p.m. Attest: -�' Stephanie Bibbens, Town Clerk Respectfully Submitte n V, im Langmaid, ayor OF .3o SAG RAT Town Council Meeting Minutes of July 18, 2023 Page 8