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HomeMy WebLinkAbout2023-10-03 TC Meeting MinutesTown Council Meeting Minutes of October 3, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, October 3, 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 Tem 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 Brian Sipes, a Vail resident, and candidate for Town Council, commented on the afternoon discussion regarding the streamlining of zoning regulations for Housing. He also complimented the Town of Vail staff for being professional and easy to work with. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1 Resolution No. 37, Series of 2023, A Resolution Approving the Purchase of Residential Property Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, to purchase Buffer Creek Condominium, Unit A10, 1860 Meadow Ridge Road, Vail, Colorado, in an amount, not to exceed $775,000, plus closing costs. Background: This resolution advances the Vail Town Council's critical action of achieving the adopted housing goal of acquiring 1,000 new deed restrictions by the year 2027. Staufer made a motion to approve, Coggin seconded motion passed (7-0). Town Council Meeting Minutes of October 3, 2023 Page 2 3.2 Wild Sheep Foundation Fiscal Sponsor Agreement Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Wild Sheep Foundation to collect funds on behalf of the Town. Background: The Wild Sheep Foundation will be collecting funds on the Town's behalf, and the purpose of this agreement is to define the Foundation's role in facilitating these donations to the Town, accepting donations on behalf of the Town, and managing such funds for the exclusive use of the Town of acquisition of property. Foley made a motion to approve; Davis seconded motion passed (7-0). 3.3 Contract Award to The Grey Edge Group for Geothermal Snowmelt Feasibility Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with The Grey Edge Group for the Ambient Temperature Loop Sink/Source Evaluation Study, in an amount not to exceed $150,000.00. Background: An initial study to decarbonize the town's snowmelt system showed promising results, and a Phase II study is needed to further identify geothermal resources, advance design, and rough order of magnitude for a potential networked geothermal system. This technology has the potential to provide a clean energy solution to the town's snowmelt system. Staufer made a motion to approve; Davis seconded motion passed (7-0). 4. Action Items 4.1 Town Council Decision of Valuation Decree for Booth Heights Property, Town of Vail v. The Vail Corporation, et al., Case Number 2022CV30193 Presenter(s): Russell Forrest, Town Manager The valuation hearing for Booth Heights was concluded on September 18th, 2023. The three- member commission determined that the reasonable market value of the property is $17,519,985.00. Given this determination of the court, the Town Council will consider two options: Option A: Acquire the 23-acre parcel for $17,519,985.00 plus transactional costs, or Option B: Abandon the condemnation and pay transactional costs. Langmaid read the summary of the valuation hearing for Booth Heights that was provided in the staff memorandum for the public and explained Council had to make a decision regarding how to proceed. Forrest outlined alternative locations that were presented instead of the Booth Heights location, which included 72 deed restricted housing units at Residence at Main Vail, the redevelopment of Timber Ridge for 293 housing units, and the initiated RFP for the development of West Middle Creek for 200 to 270 housing units. Town Council Meeting Minutes of October 3, 2023 Page 3 Forrest went on to state the Town of Vail purchased three properties from CDOT, which included parcels that augmented the Timber Ridge and West Middle Creek housing projects and a parcel of land in East Vail that could support a moderately sized for sale project and mentioned staff continued to work with other governmental entities to collaborate on a significant housing project in Dowd Junction. Langmaid stated the current Town Council was very committed to creating community housing in the Town, explaining in the last two years, $140M was spent on housing. Halloran went over the staff recommendation for funding option A, to fund the purchase of Booth Heights, stating $12.0 million was already on deposit with the court and was funded by Real Estate Transfer Tax Fund (RETT) reserves. Staff recommended funding the remaining $5.5 million in land cost and the future transactional costs from General Fund so the RETT Fund would maintain adequate reserves to cover normal operations and annual capital maintenance assuming average revenue collections. The proposed plan included an appropriate amount of reserves to offset the uncertainty of real estate transactions in a particular year suggested if RETT collections exceeded expectations in any given year, the surplus could be used to pay back the General Fund over time. Halloran stated should the Council members decide to choose option B, to abandon the condemnation and pay transactional costs, staff would recommend using General Fund Reserves. Public comment was called. Katie Santambrogio and Gaby Milhoan, from Social Impact Advisors, explained 525 individuals donated to the bighorn sheep initiative and explained marketing for the bighorn sheep initiative would ramp up. Cathy Cohn, a Vail resident, expressed she felt it was fiscally irresponsible to purchase the Booth Heights property and the decision for condemnation should have gone to a public vote. Vail residents, Tony Ryerson, Frances Hartogh, Carrie Peterson, Mike Browning, Oakley Milhoan, Betsey Kiehl, Richard Leslie, Charlyn Canada, Ramsey Cotter, Pam Stenmark, Tom Vucich, Trey Milhoan, and Shelly Krueger spoke in favor of continuing with condemnation. Alison Wadey, Vail Chambers and Business Association stated being against the condemnation of Booth Heights didn’t mean a person was a sheep hater and hoped the community would stop the animosity and she hoped the Town and community would be smarter moving forward. Charles Whitwam, representative of Howl for Wildlife, assured the council that the letter writing campaign was from real people and not SPAM. Seibert stated he was going to vote for option A because he wanted to give the herd of sheep it’s best chance at survival and to hopefully flourish. Seibert also stated the Town gained two excellent sites for affordable housing, one being the completed 72 units at Residence at Main Vail and the potential 200 units at the West Middle Creek site and hoped the community would remember that in 30 years. Town Council Meeting Minutes of October 3, 2023 Page 4 Davis stated he would not be supporting option A, and explained how different members of the community reached out to him and did not feel like they were heard and did not support the condemnation of Booth Heights or spending the money to acquire the property and they wished there had been more of a public process, especially regarding the budget and its threshold. Staufer explained he would be voting for option A, because he wanted to preserve the herd for future generations and the Town had offered Vail Resorts options for collaboration that were not accepted and echoed Langmaid’s earlier comments on spending $140M on community housing. Mason stated she would be voting for option A because the land belonged to the bighorn sheep. She went on to explain that even though she was voting for option A, it did not mean she was against development or housing and hoped the community could heal. Coggin explained he would not be supporting option A, but he respected and appreciated the people who would be and hoped after everything was said and done, there would still be an opportunity to make a deal with Vail Resorts. Langmaid stated she would be voting in favor of option A, because the sheep being able to sustain in Vail was important for the future generations to be able to appreciate Vail and its legacy. Foley explained he would be supporting option A, stating there was a reason everything in East Vail was named Big Horn and he felt the organization in Broomfield was trying to divide the community, but knew the Vail community was stronger than what Broomfield anticipated. Foley made a motion to pay the remaining balance due to acquire the Booth Heights property, $5,519,985 Town of Vail v. The Vail Corporation, et al., Case Number 2022CV30193 and to authorize the Town Manager to take any further action necessary to complete the purchase of the Booth Heights 23 acre parcel at the full value of $17,519,985.00, Mason seconded, motion passed (5-2, Coggin and Davis opposed). Foley also stated after acquiring the parcel of land, the Town would need to ensure the survival of the herd by improving their habitat, possibly stop the grazing allotments of domestic sheep, and be aware of the goats at the stables and potential diseases they may transmit. 4.2. Ordinance No. 20, Series 2023, First Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Marketing Fund of the 2023 Budget for The Town of Vail, Colorado; and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Detail in Regard Thereto. Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager Approve, approve with amendments, or deny Ordinance No. 20, Series 2023, upon first reading. Town Council Meeting Minutes of October 3, 2023 Page 5 Jakubiec summarized the primary purpose for the supplemental was to appropriate the transfer funds from the General Fund to the Real Estate Transfer Fund to support the decision made by Council, to move forward paying for the Booth Heights Valuation. Jakubiec also explained the supplemental requested $24,000.00 to spend of received donations for fundraising efforts related to Booth Heights, $48,000.00 to utilize Police Seizure Funds to acquire two new police canines and make vehicle modifications to support the acquisition, as well as, $20,000.00 for new sniper rifles for the Eagle County Special Operations Unit, which would be offset by savings in the Public Safety Budget. Forrest explained it would be staff’s intent to send a check to the Eagle County Court for Booth Heights after the meeting, which would occur prior to second reading of the supplemental. Council members asked for more information regarding the acquisition of the new police canines. Deputy Police Chief, Justin Liffick stated should the request be approved, the Vail Police Department would reach out to the trainer in the hope they could come to Vail sometime between November and December to train the two dogs, a Labrador and a German Short- Haired Pointer, in the terrain and elements that they would be policing. Coggin asked about the current K9 officer, Echo. Liffick explained Echo was nearing retirement. Staufer Made a motion to approve, Foley seconded motion passed (7-0). 4.3. Ordinance No. 19, Series 2023, First Reading, An Ordinance of the Town of Vail Amending Title 12 of the Vail Town Code to Add the New West Vail Multi-Family Overlay District, to Further the Town's Workforce Housing Goals Presenter(s): Greg Roy, Planning Manager Approve, approve with amendments, or deny Ordinance No. 19, Series 2023, upon first reading. Background: This ordinance is proposing to amend the Vail Town Code with the adoption of the West Vail Multi-Family Overlay District (WVMF). The WVMF overlay district is an implementation component of the West Vail Master Plan, adopted by the Vail Town Council on November 2, 2021. Roy explained staff took the recommendations Council gave at the September 5, 2023, work session, to take a tiered approach to some of the employee housing in the West Vail Multi- Family Zoning District. Roy went over the proposed language changes to for the code amendment. The changes included: Increase Inclusionary Zoning (IZ) from 30% to 40% No Development Plan Town Council Meeting Minutes of October 3, 2023 Page 6 Density Bonus o 1 EHU- GRFA 4SF up to 60SF o 2 EHUs- site coverage 30 to 35 o 3 EHUs- landscaping minimum 40% down to 35% and one parking space per EHU o 4 EHUs- max 18 units/acre to no max units/acre Roy explained the idea of the Density Bonus was to incentivize the developments to be onsite employee housing units when they come through the Inclusionary Zoning requirement. Staufer asked if staff had done any modeling since the September 5th meeting, explaining the last time staff was in front of them, the model suggested there would be 20% less in housing if Council adopted the code amendment. Roy answered staff had not done a lot of modeling, but the proposed changes would increase the housing because at the September 5 meeting, there was a 30% inclusionary requirement, but with the proposed changes, it was up to 40% with the potential for more. Staufer stated he was concerned the proposed code amendment would trigger a net loss of housing in that district. Roy explained with the West Vail Multi-Family Zone District, staff’s goal was to give people an opportunity where they would be able to redevelop as one of the goals of the West Vail Master Plan and support a variety of housing types to achieve density and better facilitate accessory dwelling units. Davis asked for clarification about residents not being able to redevelop their property. Roy clarified if a property owner had a duplex and wanted to redevelop with the current code, they would have to go down to one and the property owners wouldn’t want to do that and was the reason there were a lot of non-conforming properties currently in West Vail. Coggin asked what the purpose was for 10,000 square feet minimum lot sizes. Roy explained 10,000 square feet was the smallest lot size the Town had to allow people to get more units or lots out of a larger property. Staufer asked about the application process. Roy explained property owners would need to apply for the rezoning. If passed, the proposed ordinance would be codified into the Town Code, would only be applicable to the West Vail area and defined the West Vail area as Buffehr down to the end on the north side and from the West Vail roundabout to the upper bench of Donovan. Davis asked how the code change would preserve community in the Town of Vail neighborhoods and how it would encourage property owners to create more employee housing. Town Council Meeting Minutes of October 3, 2023 Page 7 Roy stated it would allow for more development opportunities as far as the range of properties that could be developed currently. Davis explained he thought there needed to be an added incentive for a developer who currently owned a qualifying property in West Vail, to build something deed restricted as well, attached to a for Sale Unit. Forrest expressed staff needed direction regarding the proposed ordinance and reminded Council they only had a few more meetings left as the current Council. Coggin stated he would be in favor of passing the ordinance on first reading or tabling to a different meeting but would ask staff to meet with him individually to go over the potential different scenarios the change could make. Seibert commented the Inclusionary Zoning at 40% from a zoning side as opposed to an economic side, the 10% difference could affect somebody in terms of making a decision on what they could sell for. He went on to say he would be in favor of moving forward with the ordinance with the understanding nothing was set in stone. Mire clarified the ordinance was not for re-zoning but for an establishment of a district and Council could make changes to a district at anytime with two readings if something wasn’t working or there was something with unintended consequences. Roy further clarified a homeowner or developer would need to opt in and go through the process. Staff could reassess after a year and see who opted in, were there adjustments that needed to be made, of if no one opted in, that would also be an indication that adjustments needed to be made. Public comment was called. Jack Bergey, Vail resident, thanked Council and staff for their work on the West Vail Overlay District and was supportive of the plan. Adam Nicholas, Vice President of Pine Ridge Town Homes HOA, asked with the new zoning, what type of restrictions would current homeowners face if they had to rebuild if there was to be a fire and the uncertainty has caused some concern. Roy answered, according to section 1218, if a house were to burn down, the homeowner could rebuild as long as the process was initiated within one year and it had to be built back the exact same way it was before burning down. Coggin made a motion to approve, Foley seconded motion passed (5-2, Foley and Staufer opposed). 5. Town Manager Report 5.1Town Manager Report Town Council Meeting Minutes of October 3, 2023 Page 8 Forrest gave an update on the RFP process for selecting a development team for the West Middle Creek housing development. A recommendation was expected to come to the council on the next Town Council meeting on October 17, 2023. 5.2 Council Matters and Status Report 6. Public Hearings 6.1 Ordinance No. 18, Series 2023, Second 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): Deputy Chief Justin Liffick, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 18, Series of 2023, upon second reading. Background: This Ordinance No. 15, Series 2022, is to address HVCCs and strengthen language for the Loading & Delivery maps. Mire stated there were no changes since first reading and asked if there was a motion to pass the ordinance, to include in the motion to direct the Town Attorney to approve the ordinance to include an exception for an E-Walker. Mire explained the inclusion would allow drivers to park at the dock and deliver packages without using the Town’s contracted pilot partner 106West. Forrest explained Police Chief, Ryan Kenney continued to work with FedEx and UPS to find an agreement on the proposed ordinance. Mason asked what the status of FedEx was. Forrest answered that FedEx Freight was not going into the village but staff was allowing them to use the freight locations or drop off and was hopeful an agreement could be met. Public comment was called. Alison Wadey, Vail Chambers Business Association, expressed concerns regarding the business community was receiving mixed messages from the Vail Police Department and FedEX and UPS. Staufer asked what the current procedure was for merchants to receive their packages from FedEx and UPS. Forrest stated, currently staff was still allowing FedEx and UPS to make deliveries in the village but would be transitioning them to the docks once an agreement could be met. Coggin stated his understanding was Vail Police Department would work with deliveries that were considered exception, but the goal was to maximize the utilization of the loading docks. Town Council Meeting Minutes of October 3, 2023 Page 9 Coggin made a motion to approve Ordinance 18, Series of 2023 adding the exception of an E- Walker , Davis seconded motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (7-0), meet adjourned at 8:06 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ______________________________ Stephanie Bibbens, Town Clerk