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HomeMy WebLinkAbout2023-09-05 TC Meeting MinutesVail Town Council Meeting Minutes Tuesday, September 5, 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 Kevin Foley Jon Mason Pete Seibert Barry Davis Jonathan Staufer Members present virtually: Travis Coggin, Mayor Pro Tom Staff members present: Staff members absent: 1. Citizen Participation Russell Forrest, Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk Kathleen Halloran, Deputy Town Manager Rick Sackbauer, Vail resident, applauded the Council on their goal of a thousand new housing units and asked what Council was going to do to expand the Town's recreational facilities. Sam Biszantz, Vail resident, asked Council to keep the Recycling Service program in the Town of Vail. 2. Any action as a result of executive session There was none. 3. Proclamation 3.1 Proclamation No. 9, Series 2023, Recognizing the Vail Public Library's 40th Anniversary Council members took turns reading Proclamation into the record. 3.2 Proclamation No.10, Series 2023, Recognizing National Library Sign -Up Month Council members took turns reading Proclamation into the record. Town Council Meeting Minutes of September 5, 2023 Page 1 4. Consent Agenda 4.1 Resolution No. 33, Series of 2023, A Resolution Approving a Real Property Acquisition Approve Resolution No. 33, Series of 2023 to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase Buffer Creek Condominium, Unit A5, 1860 Meadow Ridge Road, Vail, Colorado, in the amount not to exceed $699,500.00 plus closing costs. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. If this property is acquired, due to the existence of the right of first refusal, the home will be added to the Town of Vail pool of rental homes for municipal employees. Currently, there are multiple positions vacant within the Town organization with the peak of the winter hiring season less than 90 days away. The lack of the availability of homes for the Town's workforce is critical to successful recruitment and retention. Foley made a motion to approve, Staufer seconded motion passed (7-0). 4.2 Resolution No. 34, Series of 2023, A Resolution Establishing a Baseline of Affordable Housing for the Purposes of Filing a Commitment with the Colorado Department of Local Affairs Pursuant to the Requirements of Colorado Proposition 123 Approve, approve with amendments, or deny Resolution No. 34, Series of 2023, and authorize Town Staff to file a commitment of 9 homes per year, or 27 total homes, by December 31, 2026, allowing the Town to apply for and receive Colorado Proposition 123 grant funds. Davis made a motion to approve; Foley seconded motion passed (7-0). 4.3 Resolution No. 35, Series of 2023, a Resolution of the Vail Town Council Approving a Master Lease between the Town of Vail and the Vail Corporation, DBA Vail Assiociates Inc. ("VAI") Approve, approve with amendments, or deny Resolution No. 35, Series of 2023. Background: A Resolution of the Vail Town Council approving a master lease between the Town of Vail and Vail Associates, Inc. Seibert made a motion to postpone Resolution No. 35, Series of 2023, approving master leases for Timber Ridge to a later meeting; Mason seconded motion passed (7-0). 4.4 Resolution No. 36, Series of 2023, A Resolution of the Vail Town Council Approving Procedures for Conducting Appeals and Quasi -Judicial Land Use Approve, approve with amendments, or deny Resolution No. 36, Series of 2023. Town Council Meeting Minutes of September 5, 2023 Page 2 Background: These rules are intended to establish reasonable procedures to protect applicable due process rights and to ensure that hearings proceed in a fair and expeditious manner for the Zoning Administrator, Design Review Board (DRB), and Planning and Environmental Commission. Mason made a motion to approve; Seibert seconded motion passed (7-0). 4.5 Pitkin Creek Master Lease Renewal Approve, approve with amendments, or deny the Pitkin Creek Master Lease Renewal. Staufer made a motion to approve; Davis seconded motion passed (7-0). 4.6 Stormwater Maintenance Contract Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Kinetic Industry for maintenance of stormwater infrastructure, in an amount not -to -exceed $95,000.00. Davis made a motion to approve; Foley seconded motion passed (7-0). 5. Town Manager Report SATown Manager Report Forrest informed Council the Evaluation Hearing for Booth Heights began and should be concluded on September 13, 2023 and staff would be in front of Council on October 3, 2023 for next steps. Forrest also thanked everyone that had a part in getting the Residences at Main Vail completed so that residents could start moving in over the past weekend. 5.2 Council Matters and Status Report 6. Action Items 6.1 Letter of Intent for 2024 Aprbs at the Amp Concert Sponsorship Presenter(s): Jeremy Gross, Special Event Coordinator Approve, approve with amendments, or deny Letter of Intent for the Aprbs at the Amp Concert. Background: The Town of Vail, Vail Resorts and the Vail Valley Foundation are collaboratively working towards the return of the Apr6s at the Amp concerts in April of 2024. Town staff is requesting a letter of intent, indicating our sponsorship amount of $125,000 for the event, which has been included in the draft budgets for the Economic Development Department. Gross stated the goal would be to give the Vail Valley Foundation a letter of intent to operate at the Gerald R. Ford Amphitheater in April of 2024 for the end of the season concert, which would Town Council Meeting Minutes of September 5, 2023 Page 3 give the VVF staff more time to book the talent and maintain the venue as soon as the snow starts to fall. Foley asked where the money for the event was going to come from, the General Fund or the Marketing Fund. Gross answered the money would come from the Signature Events Budget in the Marketing Fund. Mia Vlaar, Director of Economic Development explained, the events were all funded through the Marketing Fund within the Economic Development budget. Coggin asked if it was the same amount of money Council gave last year? Gross stated it was the exact same amount of money as last year, the Town of Vail would contribute $125,000.00 and Vail Resorts would also contribute $125,000.00. Davis made a motion to approve; Staufer seconded motion passed (7-0). 6.2 Dowd Junction Streambank Stabilization Project Budget Adjustment Presenter(s): Tom Kassmel, Town Engineer Approve the budget adjustment. Background: Update Project Budget to include additional contribution from ERWSD and ECO Trails. Kassmel explained the project was a joint effort between the Eagle River Water and Sanitation District and the Town and has been an ongoing critical project in design and waiting for a construction time window for the retaining wall that was scoured out and supports the Gore Valley Trail though the narrow section of Dowd Junction as well as the sewer main that is underneath the Gore Valley Trail. Kassmel stated the staff was looking to adjust the budget to reflect reimbursements by Eagle River Water Sanitation District and a grant the Town of Vail received about five years ago from Eco Trails. Kassmel explained the current budget was for $767,000.00 and would need to be increased to 1.3 million dollars to complete the project over the next two years. Of the 1.3 million, $575,000.00 would be reimbursed by Eagle River Water and Sanitation District and $150,000.00 would come from the Eco Trails Grant. This would increase the Town of Vail's cost by $108,000. Staufer asked what the Town of Vails total contribution was. Kassmel stated the Town's total contribution was around $575,000.00 which matched Eagle Rivers. Town Council Meeting Minutes of September 5, 2023 Page 4 Foley asked if the trail would still be open during construction. Kassmel explained unless there were unforeseen safety concerns, the current plan was to keep the trail open, but there could be times people using the trails may be delayed by flaggers so that materials could be transported on certain sections of the trail. Coggin made a motion to approve; Foley seconded motion passed (7-0). 6.3 Subsurface Utility Engineering Change Order Presenter(s): Chad Salli, Project Engineer and TJ Johnson, Director of Information Technology Authorize the Town Manager to execute a change order, in a form approved by the Town Attorney, with SGM Inc. to complete the Subsurface Utility Engineering in the amount not to exceed $130.000.00. Direct Staff to increase the Capital Projecrs fund budget by $60,000 for the increased cost of this project. Background: SGM Inc. is under contract with the Town to complete Subsurface Utility Engineering (SUE) 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 Gore Valley Trail. SUE is required by state law anytime a project meets certain requirements, and the fiber project meets 4 key requirements. The attached memo has additional information. Salli explained the budget increase was because there were significantly more utility conflicts discovered out on the Frontage Road than was initially anticipated. Johnson stated he was before Council earlier in July to ask for an extra $70,000.00 for the project and was asking for an additional $60,000.00 to cover the increase in costs, which would take the total budget up to $985,000.00. He also explained he looked into grant funding, but the Town of Vail did not qualify. Mason made a motion to approve, Foley seconded motion passed (7-0). 6.4 Ordinance No.17, Series of 2023, First Reading, An Ordinance for a Prescribed Regulation Amendment Pursuant to Section 12-3-7 Amendment, Vail Town Code, to Amend Section 12-21-10 Development Restricted, to Allow Structures in the Housing Zone District to be Built on a Slope of 40% or Greater and Setting Forth Details in Regard Thereto. (PEC23-0016) Presenter(s): Greg Roy, Planning Manager and Jonathan Spence, Planning Consultant Approve, approve with amendments, or deny Ordinance No. 17, Series 2023, upon first reading. Background: The Planning and Environmental Commission (PEC) held a public hearing on the proposed amendment on August 14, 2023. There was discussion as to the appropriateness of the variance process and corresponding criteria for reviewing housing developments on steep Town Council Meeting Minutes of September 5, 2023 Page 5 slopes. The PEC also discussed the potential impact of the code change on the review of large residential structures on steep slopes. It was determined that the existing review process based on adopted building codes and other engineering requirements would be unaffected by removing the need for a variance for projects on steep slopes within the Hosing District. The PEC recommended approval in a 6-1-0 vote (Pratt opposed). Commissioner Pratt expressed a preference to continue to review potential development on steep slopes within the Housing District on a case by case basis, using the existing variance process. Spence stated the proposed ordinance was part of Town Council's priorities, priority number four, which was an initiative to bring greater alignment between the land use regulations and identified Town goal, specifically the greater development of deed restricted housing. Spence explained the proposal would add the housing zone district to those districts where it was allowed to construct homes on 40% or greater and will remove the unnecessary burden of a variance for projects that have already been identified through the rezoning of properties to the housing district for the creation of deed restricted housing. He also explained the allowance would not affect any of the Town's regulations concerning safety and development on slopes. Staufer asked if the process being discussed would alter any other review processes. Spence answered it would not alter any other review process; the only alteration would be that it removed the necessity of obtaining a variance. Davis made a motion to approve Ordinance No. 17, Series of 2023 with the amendment to add the findings on page two of the staff memorandum; Coggin seconded motion passed (7-0). 6.5 Ordinance No. 18, Series 2023, First Reading, An Ordinance Amending Chapters 11 and 12 of Title 7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town Presenter(s): Chief Ryan Kenney, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 18, Series 2023, upon first reading. Background: Staff is requesting changes to the Ordinance No. 15, Series 2022, to address HVCCs and strengthen language for the Loading & Delivery maps. Kenney explained the Town was starting a pilot program with High Volume Commercial Carriers (HVCC) to remove FedEx, UPS and DHL from the villages. Kenney went on to explain, the initial plan was to bring the code change to Council at the end of November, early December, but because of some communication concerns with FedEx and UPS, staff would like to implement changes that would pull the exemption for HVCC vehicles so the Police Department would have an option of enforcement if the communication concerns weren't rectified. Another component to the change in Code was to add language to strengthen the connections of the maps, so that if there were minimal changes, staff would be able to make Town Council Meeting Minutes of September 5, 2023 Page 6 the changes through the maps as opposed to coming to Council to amend the Town Code every time. Foley asked for clarification regarding enforcement. Kenney explained the beginning of the pilot program was extended which would keep the protocol business as usual until FedEx and UPS could bring their executive teams in to meet with staff to see what Vail Village looked like and how the delivery program worked. The need for enforcement would come if those conversations weren't successful. Coggin asked where he could get information regarding the pilot so that he could answer the public when asked questions on the program. Kenney responded, initially staff was having conversations with the local branches of FedEx and UPS regarding how the program worked and when the switch over would take place, but the conversation changed when UPS and FedEx corporate stepped in. Due to the concerns from the corporate level, Kenney explained the messaging has been everything would stay the same until there was a definitive change. Once the changes were ready to go into effect, staff would send out a press release. Forrest asked if the scheduled conversations with FedEx and UPS could affect the second reading of the ordinance. Kenney answered he didn't believe the conversations would affect the proposed changes to the ordinance, but the conversations could affect how the Town would move forward operationally. Coggin made a motion to approve; Davis seconded motion passed (7-0). 7. Public Hearings 7.1 Ordinance No. 15, Series 2023, Second Reading, An Ordinance Repealing and Reenacting Section 7-313-8 of the Vail Town Code, Regarding the Regulation of Boots on Motor Vehicles Presenter(s): Chief Ryan Kenney, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 15, Series 2023 upon second reading. Background: Staff is asking Council to approve changes to the Town's booting ordinance. The requested changes will bring the Town of Vail in line with PUC regulations. Kenney addressed concerns that were brought up during first reading by explaining staff took out the reference to an application fee, made displaying the PUC license as a requirement, and in regards to damage to a boot, stated the Vail Police Department would investigate damage to a boot like any other crime, but would not put the language in the ordinance. If there was an allegation of damage to a boot, a separate investigation would be opened, meanwhile the car would still need to be released and the FTE would need to be paid. Town Council Meeting Minutes of September 5, 2023 Page 7 Public comment was called. There was none. Staufer made a motion to approve; Coggin 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 6:44 p.m. Attest: �aiens, Town Clerk Respectfully r imanama Town Council Meeting Minutes of September 5, 2023 Page 8