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HomeMy WebLinkAbout2023-11-07 TC Meeting MinutesTown Council Meeting Minutes of November 7, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, November 7, 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 Pro Tem Coggin. Members present: Travis Coggin, Mayor Pro Tem Kevin Foley Jen Mason Pete Seibert Barry Davis Jonathan Staufer Members absent: Kim Langmaid, Mayor Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation There was none. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1 Resolution No. 38, Series of 2023, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2024, through December 31, 2024 Approve, approve with amendments, or deny Resolution No. 38, Series of 2023. Foley made a motion to approve; Davis seconded; motion passed (6-0). 3.2 Resolution No. 39, Series of 2023, A Resolution Adopting the Town of Vail's Five-Year Art in Public Places Strategic Plan Approve, approve with amendments, or deny Resolution No. 39, Series of 2023. Town Council Meeting Minutes of November 7, 2023 Page 2 Background: The purpose of this item is for the Town Council to adopt by resolution the Town of Vail's Five-Year Art in Public Places Strategic Plan. Staufer made a motion to approve; Foley seconded; motion passed (6-0). 3.3 Resolution No. 40, Series of 2023, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement between the Town of Vail and David and Izabel Flowers; and Setting Forth Details in Regard Thereto Approve, approve with amendments, or deny Resolution No. 40, Series of 2023. Background: The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the exchange of an employee housing unit deed restriction located at 1220 Westhaven Lane, Unit A, in exchange for the recording of an employee deed restriction on another dwelling unit located at Building D, Columbine North Condominiums, Unit 4, 2773 Kinnickinnick, D4, Vail, CO, 81657. Mason made a motion to approve; Davis seconded; motion passed (6-0). 3.4 Resolution No. 41, Series of 2023, A Resolution Approving an Intergovernmental Agreement between the Town of Vail (The "Town") and Eagle County School District RE50J (The "District") Approve, approve with amendments, or deny Resolution No. 41, Series of 2023. Background: The Vail Police Department would like to formally request the approval of a part- time School Resource Officer (SRO) position at Red Sandstone Elementary School. The safety and well-being of our community's children are of paramount importance, and the presence of an SRO at the school will greatly contribute to enhancing the security and fostering positive relationships between law enforcement and our youngest residents. Davis made a motion to approve, Staufer seconded motion passed (6-0). 3.5 Resolution No. 42, Series of 2023, A Resolution Approving a State of Colorado Subaward Agreement between the Town of Vail and the Colorado Department of Transportation Approve, approve with amendments, or deny Resolution No. 42, Series of 2023. Background: The Town of Vail and the Colorado Department of Transportation wish to enter into an agreement with the purpose of providing capital, planning and operating assistance to support public transportation. Staufer made a motion to approve; Mason seconded motion passed (6-0). 3.6 Contract Award to 106West Couriers, LLC for the Loading and Delivery Program Renewal Town Council Meeting Minutes of November 7, 2023 Page 3 Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 106West Couriers, LLC for the renewal of the Loading and Delivery Program, not to exceed $1,500,000. Background: The Load and Delivery Program has been fully and successfully implemented since October 1, 2022. The Vail Police Department is asking Council to renew the contract with 106West. Mason made a motion to approve, Davis seconded motion passed (6-0). 3.7 Contract Award to Squire Broel for a Commissioned Sculpture for the Town of Vail's Public Art Collection Authorize the Town Manager to enter into an agreement with Squire Broel, in a form approved by the Town Attorney, in the amount not to exceed $60,000.00 for the creation of the proposed sculpture for the Town of Vail's public art collection. Background: In July 2023, Squire Broel was the inaugural artist in residence for the Town of Vail’s Art in Public Places Program. Throughout the summer he engaged with the community, Town staff and the AIPP Board to develop a unique sculpture for the Town of Vail’s public art collection. The proposed sculpture, which aligns with AIPP’s five-year Strategic Plan’s vision, goals and objectives, was unanimously approved at the August 7, 2023, AIPP Board meeting. 50% ($30,000) is being privately donated to Art in Public Places for this commissioned sculpture. Staufer made a motion to approve; Foley seconded; motion passed (6-0). 3.8 Update to the VLMD 2023 Operating Budget, Having a Net Zero Impact on Operating Expenditures. Approve, approve with amendments, or deny VLMD Budget updates. Background: Please see attached memo. Davis made a motion to approve; Mason seconded; motion passed (6-0). 4. Town Manager Report 4.1Town Manager Report Forrest summarized the Council’s Strategic Goals and their progression. Greg Hall, Director of Public Works and Transportation, explained there would be a future contract to bore out at Ford Park in order to provide some geothermal testing for an alternative source for the Town’s Snowmelt System and the rigs would be out at Ford Park in the upcoming weeks, but the report would not be available until sometime in the next year. 4.2 Council Matters and Status Report 5. Action Items Town Council Meeting Minutes of November 7, 2023 Page 4 5.1 Resolution No. 43, Series of 20023, A Resolution of the Vail Town Council Adopting the 2023 Gerald R. Ford Park Master Plan Update Presenter(s): Todd Oppenheimer, Capital Projects Manager and Andy Dawson, Senior Associate with WRT Designs Approve, approve with amendments, or deny Resolution No. 43, Series of 2023. Background: The Vail Town Council instructed Town of Vail staff to prepare an update to the Gerald R. Ford Park Master Plan. The updated Gerald R. Ford Park Master Plan is intended to be an element of the Vail Comprehensive Plan. Oppenheimer explained the content of the Ford Park Master Plan was provided to Council on October 17, 2023, with no direction for modifications to the Plan and on October 9, 2023, the Planning and Environmental Commission unanimously and without conditions approved a recommendation for the Town Council to update the Ford Park Master Plan. Oppenheimer stated the master plan acknowledged the complexities of Ford Park and although the updated plan recognized several shortcomings of Ford Park, it also suggested a series of studies which could be taken on individually or collectively to arrive at meaningful and long- lasting solutions. Dawson presented a high-level recap of what had already been presented to Council at previous meetings which included the Ford Park Mission, Ford Park Goals, Guiding Operational Principles, Capital Improvement Studies, and the Priority Operational Actions. Seibert spoke in favor of having an Oversight Committee and the importance of having a traffic study completed. Coggin recognized the hard work that went into the Ford Park Master Plan and thanked everyone involved. Foley made a motion to approve; Davis seconded; motion passed (6-0). 5.2 Resolution No. 44, Series of 2023, a Resolution of the Vail Town Council Approving the Update to the Vail Land Use Plan Associated with the Rezoning of a Portion of Lot 1, Timber Ridge Subdivision. Presenter(s): Greg Roy, Planning Manager The Planning and Environmental Commission voted to recommend approval of Resolution No. 44, Series of 2023. Background: This application proposes to designate the former CDOT right-of-way being incorporated into the Timber Ridge Subdivision Lot 1 as High-Density Residential land use. The area in question currently does not have a land use designation as a land use category is not Town Council Meeting Minutes of November 7, 2023 Page 5 applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a land use designation is needed. Roy explained the subject property is a portion of the CDOT right-of-way that was proposed to be included as part of the Timber Ridge Subdivision with the Minor Subdivision application and since the Town was currently not the owner of the property, CDOT gave permission for the Town to enter the entitlements process. Roy went on to explain right-of-way does not carry a land use designation and was not assigned a zone district and since the property was proposed to be incorporated into the greater Lot 1 of Timber Ridge Subdivision, the property needed to be assigned a land use and a zoning designation. Roy stated for consistency, the proposed High Density Residential land use and Housing zone district would result in uniform land use and zoning designations. Public comment was called, there was none. Foley made a motion to approve, including the findings on page 2 and 3 of the staff memorandum; Staufer seconded; motion passed (6-0). 5.3 Ordinance No. 22, Series of 2023, First Reading, an Ordinance to Designate the Zoning of the Proposed Addition to Lot 1, Timber Ridge Subdivision from Undesignated to Housing (H) District Presenter(s): Greg Roy, Planning Manager The Planning and Environmental Commission voted to recommend approval of Ordinance No. 22, Series of 2023 upon first reading. Background: This application proposes to zone the former CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not currently have a zoning designation as zoning is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a consistent zoning designation is needed. Roy explained the purpose of the zone amendment was to rezone the property to have the total of Lot one designated as Housing to be under the same Zone District. Coggin asked if the Post Office was zoned as Housing. Roy answered the Post Office was zoned as Medium Density or High Density Residential. Staufer asked about the planning of the property. Roy explained the Town was underway with purchasing the property from CDOT, which should be completed by the end of the year, and the ordinance for rezoning will not take effect until Town Council Meeting Minutes of November 7, 2023 Page 6 January 1, 2024, but if staff needed more time to record the plat, they would be back in front of Council to extend the period as far as the effective date. Public comment was called, there was none. Staufer made a motion to approve based on the criteria and findings of the staff memorandum; Foley seconded; motion passed (6-0). 5.4 Ordinance No. 23, Series of 2023, First Reading, an Ordinance Amending Title 12, Chapter 6 of the Vail Town Code to Amend the Current Housing District Regulations and to Establish a new Housing District and Amending Sections 14-6-7 and 14-10-9 of the Vail Town Code to Increase the Allowable Maximum Height of Retaining Walls in the Housing Districts Presenter(s): Greg Roy, Planning Manager The Planning and Environmental Commission voted to recommend approval of Ordinance No. 23, Series of 2023 upon first reading. Background: The proposed Prescribed Regulation Amendment will amend the standards for the Housing (H) district to create set standards in place of standards prescribed by the PEC. The proposal would also create a second Housing District that would have a lower height maximum to be more compatible in lower density areas. It would also permit retaining walls in either housing district to extend up to fifteen (15) feet in height. Roy explained the proposed Prescribed Regulation Amendment would amend the standards for the Housing (H) district to create set standards in place of standards prescribed by the PEC. The proposal would also create a second Housing District that would have a lower height maximum to be more compatible in lower density areas and it would also permit retaining walls in either housing district to extend up to fifteen (15) feet in height. Public comment was called. Brian Sipes, an East Vail resident, stated the minimum lot size of 10,000 sq ft. was not a very big lot for some of the variances that were being codified that are large in scale and suggested the Town reserve some of the bigger increases in density for larger lots. Staufer explained he was concerned the Town was turning into a “one-size fits all” solution to build housing and although he wasn’t opposed to providing incentives and understood the merit to streamline the process, however, he was concerned the Town would end up with flat fronted, uninteresting buildings. Mason stated she was concerned about the height of the retaining walls. Seibert expressed he understood the concern regarding the height of the retaining walls but didn’t see a way around it due to where housing was proposing to be built. Town Council Meeting Minutes of November 7, 2023 Page 7 Staufer explained if a 15 ft retaining wall needed to be built, there could be an application for a variance and didn’t see why the variance wouldn’t be granted. Coggin stated a developer could apply for a variance, but they would spend a lot of money without an assurance that they would be granted the variance and stated people would have to come in and apply to receive the zone district, it wasn’t just a given. Roy explained staff included in the language that the Design Review Board could, at their discretion, require more benching and landscaping in between and stated the DRB would always have the power to add design elements based off of where the 15 ft retaining wall would be located. Foley asked about the PEC votes regarding application PEC 23005 (Retaining Wall application), which was 5-0, and PEC 023 (changes to the Housing Zone District, including the Housing Two Zone District) which was 3-2. Roy explained staff had two different applications as they were looking at different areas of the code, and he had different commissioners that felt differently about the two items. Coggin asked what the concerns were. Roy answered some of the commissioners wanted more PEC review of the applications, some commissioners felt that the height was too much, the site coverage should still be at PEC discretion, staff was permitting too tall of buildings and there were concerns of the landscaping requirements. Coggin asked who made the decisions, DRB or PEC. Roy explained currently in the Housing Zone District, PEC set the bulk mass scale site planning portions of a project and the DRB also had that in their charge but deal more with the articulation and penetrations of the project. Coggin stated to address some of Staufer’s concerns, there would still be a review body that could make comments about the ascetics of the project. Forrest explained it was not a sure thing that a variance would be granted for any sort of application, and there were specific standards to be granted a variance and asked Roy to remind Council of the criteria for a variance. Roy answered staff would look for a hardship that was not typical in a site in the Housing Zone District. Coggin expressed he was comfortable moving forward with the Ordinance change because there was a process and thought it was critical the DRB was involved and had the review and discretion to approve an application. Town Council Meeting Minutes of November 7, 2023 Page 8 Davis made a motion to approve; Seibert seconded; motion failed (3-3, Foley, Mason, Staufer opposed). 5.5 Ordinance No. 24, Series of 2023, First Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2024, through December 31, 2024 Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager Approve, approve with amendments, or deny Ordinance No. 24, Series of 2023. Background: Please see attached memo. Jakubiec explained the ordinance proposed to appropriate $135,635,323 in net expenditures across all funds. Jakubiec went over minor changes from the Budget Preview on October 17, 2023. Those changes included: Expenditures General Fund: $214K was added under planning projects for the implementation of the Destination Stewardship Management plan. These funds were appropriated in 2023 and are anticipated as savings in 2023 to be spent in 2024. The current budget draft does not include the Vail Valley Foundation’s $1.0M council contribution request. General Fund expenses includes a one-time transfer of $28.0M and Housing Fund includes a $9.0M transfer to support the redevelopment of Timber Ridge Capital Projects Fund: The reimbursement from the Vail Reinvestment Authority was decreased to reflect expenditures savings previously adjusted in Lionshead snowmelt repair expenditures. The total reimbursement is budgeted at $200K in 2024. Includes $37.0M in transfers from the General Fund (28.0M) and Housing Fund (9.0M) to support redevelopment costs of Timber Ridge (38.6M) • Real Estate Transfer Tax Fund: Anticipated transfer tax collections for 2024 were increased to $7.0M based on 2023 increased actual collections. This estimate is flat with amended 2023 budget. Town Council Meeting Minutes of November 7, 2023 Page 9 Council requested additional analysis regarding a plan to pay back $5.6M in funds transferred from the General Fund to support the acquisition of the Booth Heights parcel. • Personnel 3.5 net new FTEs requested (Deputy Chief of Community Risk Reduction for the Fire Department, Evidence Tech for the Police Department, upgrade of a Parking Specialist from a seasonal employee to year-round, and a Digital Content Coordinator for Economic Development) – One position proposed offset with VLMD funds. $112K placeholder funds for internal housing program 5.9% wage increase for merit increases and organization-wide rate adjustment. $750K compensation adjustments placeholder • Employee Experience Vacation Reinvestment program continued ($250K) Wellness benefit same as prior year ($78K) Contributions & Events • Vail Valley Foundation Request: $1.0M Payment of $1.0M towards the already-completed roof and solar project at the Gerald R Ford Amphitheater (which cost $1.5M total) – To help support the overall ~$20M capital improvement plan (2023-2028) The VVF has expressed their intention to additionally request funds from 2025- 2028 for major renovations to the Gerald R Ford Amphitheater. They intend to request $5M from 2024 through 2028. (25% of total estimated project cost) The VVF intends to raise the other $15M required for this project from 2024-2028 through individual donors, institutional grants, and community partners. Capital improvements expected over the next 5 years include main office building and back of house improvements, concessions and grill improvements, east bar & loading dock improvements, and pavilion seats, safety railing, and production improvements. Jakubiec stated due to the size of the Vail Valley Foundation’s request, staff would defer to Council’s recommendation. Town Council Meeting Minutes of November 7, 2023 Page 10 Council decided to defer the conversation to a future meeting after the first quarter. Foley asked if the Vail Local Marketing District could contribute money to the project request. Capital Expenditures: $63.2M • Significant Capital Projects Planned in 2024 include: $38.6M: Timber Ridge Redevelopment (Total project -$164.0M with the developer financing the majority) $1.75M: Data Center Main Stacks Replacement $1.5M: Vail Mobility Hub Design Expansion (offset by $750K CDOT funding) $1.5M: Vail Village Streetscape Snowmelt Infrastructure (underground pipeline infrastructure) $1.7M: Underground HCE from Main Vail to East Vail (Funded by Franchise Fees) $2.5M: Vail InDeed $2.0M: Placeholder for Employee Rental Unit purchases Jakubiec asked for Council’s input for the potential payback from the RETT Fund to the General Fund due to the Booth Heights acquisition and presented the different options ranging from no payback to a 10-year payback, which would be the most accelerated option. Staufer asked what the staff’s payback recommendation that would be and wouldn’t interfere with operations. Jakubiec stated staff would either recommend no payback or a 30-year payback. Russell asked if there was a more aggressive payback, would it effect future “wish-list” projects, or would the Town not be able to pay for operations. Jakubiec stated staff would look towards un-funding significant projects that were already in the five-year plan before reducing operations. Coggin stated he would not be able to support a 30-year or no payback option and would be most comfortable with setting a RETT budget and anything above the budget for each year would go to payback the General Fund, especially if there was a minimum of 2M reserve in the RETT Fund. Davis had concerns with the payback Coggin proposed because of the upcoming projects that would be funded by the RETT Fund. Town Council Meeting Minutes of November 7, 2023 Page 11 Mason agreed with Coggin’s proposition. Staufer asked if Council was comfortable setting the payback at the 30-year rate and agreeing to payback faster if the Town had the ability to. Council recommended setting the payback at a 20-year rate with the understanding if there was more in the budget, the Town would payback the fund faster. Halloran asked if Council if they wanted every single dollar excess collected go toward the additional payback, or would they prefer a budget presentation. Council decided there would be an annual budget conversation, which could include new programs or projects, and it would be up to that Council to set the budget for that year and anything over that budget would go to payback the debt on top of the 20-year rate. Jakubiec asked if there were any other changes Council wanted to make for the second reading on November 21, 2023. Coggin asked about the proposed rescue vehicle. Forrest explained it was staff’s recommendation to include the rescue vehicle in the appropriation, but prior to purchase, the item would be brought back to Council once staff heard back from the other entities for a shared payment of the vehicle. Public Comment was called. There was none. Staufer made a motion to approve; Foley seconded; motion passed (6-0). 5.6 Ordinance No. 25, Series of 2023, First Reading, An Ordinance Banning Expanded Polystyrene To-go Containers and Cups Per the State’s HB21-1162- the Plastic Pollution Reduction Act Presenter(s): Beth Markham, Environmental Sustainability Manager Staff recommends the Vail Town Council approval of the first reading of Ordinance No. 25, Series of 2023 to amend Title 5, Chapter 13 of the Town Code to include state-mandated provisions on the prohibition of expanded polystyrene to-go food containers and cups at food retailers with no changes or amendments. Background: Proposed Ordinance No. 25, Series of 2023 amends Title 5, Chapter 13 of the Vail Town Code to include the prohibition of expanded polystyrene to-go containers and cups for ready-to-eat food in food retailers, including restaurants, grocery stores, convenience stores, and school cafeterias as it pertains to state legislation HB21-1162, the Plastic Pollution Reduction Act (PPRA). Markham explained the code amendment was to comply with phase two of the PPRA that would go into effect on January 1, 2024 and stated this was the state-mandated ban on distribution of single use plastic carry out bags at retailers and expanded Styrofoam to-go containers and cups Town Council Meeting Minutes of November 7, 2023 Page 12 for ready-to-eat food at food retailers, which includes restaurants, grocery stores, convenience stores, and cafeterias in schools, prisons, and businesses. Davis asked who set the fines. Markham answered the State set the fines, although it was up to the local municipalities to enforce the fines and explained Council could change the if they wanted to. Markham stated the staff recommendation was to implement the polystyrene ban as recommended by the State. Markham explained as long as they polystyrene was purchased before January 1, 2024, businesses could still use their stock until it was depleted. Coggin wanted to make sure the communication was abundant to the business community. Markham assured him there was appropriate communication around the change in code. Foley asked if the change effected plastic ware. Markham stated that would be part of phase three of the PPRA that would be introduced on July 1, 2024. Public comment was called. There was none. Davis made a motion to approve; Seibert seconded; motion passed (5-1, Foley opposed). 6. Public Hearings 6.1 Ordinance No. 21, Series of 2023, Second Reading, An Ordinance Amending Chapter 4 of Title 1 of the Vail Town Code by the Addition of a New Section 1-4-5, to Allow for Penalty Assessments for Code Violations Presenter(s): Justin Liffick, Deputy Chief of Police, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 21 Series of 2023 upon Second Reading. Background: Staff is requesting to add a penalty assessment to the penalty ordinance 1-4-1. Liffick explained this was the second reading of the Penalty Assessment Ordinance and asked if Council had any changes they would like to see to the proposed ordinance. Coggin asked for clarification on the dumpster fine in reference to bears, he wanted to make sure the fine was for $100.00 and not $1,000.00. Liffick explained the fine was $1,000.00 to give the officers discretion when administering the tickets.