VAIL TOWN COUNCIL REGULAR MEETING

Evening Agenda

Town Council Chambers and Virtual on Zoom

6:00 PM, April 5, 2022

Meeting to be held in Council Chambers and Virtually on Zoom (access High Five Access Media livestream day of the meeting)

Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item.

Public comment will be taken on each agenda item.

Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.

1.Citizen Participation (10 min.)
2.Any action as a result of executive session
3.Proclamations
3.1.Proclamation No. 3, Series of 2022, Recognizing National Library Week 2022 “Connect with Your Library”5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council:  Approve Proclamation No. 3, Series 2022.
Background: First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. All types of libraries (school, public, academic and special) participate.  http://www.ala.org/conferencesevents/node/6/
4.Appointments for Boards and Commissions
4.1.Appoint a Member to the Building and Fire Codes Appeals Board (B&FCA) 5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint one person to serve as a member on the Building & Fire Code Appeals Board for a term ending March 31, 2026. 
5.Consent Agenda (5 min.)
5.1.Resolution No. 8, Series of 2022, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Concerning Wildland Fire Mitigation Program
Action Requested of Council: Approve Resolution No. 8, Series 2022.
Background: Under this IGA, Eagle County will provide funding to the Town of Vail for Wildfire Mitigation to include: curbside chipping, fuels reduction in the Intermountain Forest Health Project and direct aid to homeowners in the unincorporated portion of West Vail. 
Staff Recommendation: Approve Resolution No. 8, Series 2022.
5.2.Resolution No. 10, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Vail East Lodging, Unit #16, 4123 Spruce Way, Vail, Colorado. 
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 10, Series 2022.
Background: The availability of housing remains an ongoing challenge for year-round and seasonal Vail residents.  The Vail East Lodging will be used to provide rental housing opportunities for Town of Vail employees.  The cost to purchase this home is $565,000.
Staff Recommendation: The Housing Department recommends the Vail Town Council approves Resolution No. 10, Series of 2022, as presented.
5.3.Resolution No. 11, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as 1860 Meadow Ridge Road, Unit 4, 1860 Meadow Ridge Road, Vail, Colorado.
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 11, Series 2022.
Background: The availability of housing remains an ongoing challenge for year-round and seasonal Vail residents.  The 1860 Meadow Ridge Road property will be used to provide rental housing opportunities for Town of Vail employees.  The cost to purchase this home is $780,000. 
Staff Recommendation: The Housing Department recommends the Vail Town Council approves Resolution No. 11, Series of 2022, as presented
5.4.Resolution No. 12, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Pitkin Creek Condominiums, Unit P-5, 3931 Bighorn Road, Vail, Colorado.
Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 12, Series 2022.
Background: The availability of housing remains an ongoing challenge for year-round and seasonal Vail residents.  The Pitkin Creek Condominiums home will be used to provide homeownership opportunities for a Town of Vail employee or a person employed by a business located within the Town of Vail.  The cost to purchase this home is $560,000. 
Staff Recommendation: The Housing Department recommends the Vail Town Council approves Resolution No. 12, Series of 2022, as presented. 
5.5.Resolution No. 13, Series 2022, Approving an Agreement and an Underground Right-of-Way Easement between the Town of Vail and Holy Cross Energy ("HCE")
Action Requested of Council: Approve, approve with amendments or deny Resolution 13, Series 2022.
Background: In order to accommodate the relocation of certain power lines for the construction of the Residences at Main Vail, the Town and HCE wish to enter into an agreement and easement.
Staff Recommendation: Approve, approve with amendments or deny Resolution 13, Series 2022.
5.6.Resolution No. 14, Series 2022, A Resolution Approving a Vacation of Easement and Bill of Sale between the Town of Vail and the Eagle River Water and Sanitation District ("ERWSD")
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 14, Series of 2022.
Background: In order to accommodate the construction of the Residences at Main Vail, the ERWSD wishes to vacate a certain Sewer Easement and convey ownership of the eight-inch (8”) sewer main.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 14, Series of 2022.
5.7.Resolution No. 15, Series 2022, A Resolution Approving an Employment Agreement between the Town of Vail and Stan Zemler
Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 15, Series 2022.
Background: The Town wishes to retain the services of Stan Zemler to act as Interim Town Manager.
Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 15, Series 2022.
5.8.Letter of Support for Federal Funds to Support the Vail 2024 Battery Electric Bus Purchase and the CASTA Statewide Transit Improvement Proposal
Action Requested of Council: Approve, approve with amendments or deny Letter of Support.
Background: Request for federal funds to support the Vail 2024 Battery Electric Bus Purchase and the CASTA Statewide Transit Improvement Proposal
Staff Recommendation: Approve, approve with amendments or deny Letter of Support.
5.9.Change order to existing contract with SE Group for completion of the Booth Creek Fuels Treatment NEPA.
Action Requested of Council: Approve change order with SE Group.
Background: The contract with the SE Group for the Booth Creek Fuels Treatment NEPA was structured as a phased project. This change order represents phase 5 of the project. 
Staff Recommendation: Approve change order with SE Group.
5.10.Contract Award with Hallmark Inc. for the Ford Park West Betty Ford Way Paver Project.
Action Requested of Council: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Hallmark Inc in the amount of $994,387 for the Ford Park West Betty Ford Way Paver Project.
Background: The funding for the Ford Park West Betty Ford Way Paver Project is included in the 2022 Real Estate Transfer Tax, Recreation Path Maintenance Account.  The 2022 budgeted amount in this account is $1.2M.  The $994,387 bid is substantially lower than the budget amount.  
Staff Recommendation: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Hallmark Inc in the amount of $994,387 for the Ford Park West Betty Ford Way Paver Project.
5.11.Contract Award with Intermountain Painting for Top Deck Village Structure Painting
Action Requested of Council: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Intermountain Painting in the amount of $86,390.00 for the top deck of the Village Structure.
Background: Staff received 2 bids for the Vail Village Parking Structure painting project. Painting included in this project is the top deck of the Village Parking Structure for all vent stacks, railings and buildings that are currently green. The project is scheduled to be completed by September 15, 2022.
Staff Recommendation: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Intermountain Painting in the amount of $86,390.00 for the top deck of the Village Structure.
5.12.Contract Award with Drop Mobility for Regional Electric Bike Share Program 
Action Requested of Council: Authorize the Town Manager to enter into an agreement in a form approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the execution of the Regional Electric Bike Share Program in 2022.
Background: Following the 2020 Electric Bike Share Pilot Program, Vail Town Council allocated $175,000 in the 2022 budget for staff to launch a larger, regional electric bike share program in collaboration with Town of Avon and EagleVail Metro District. 
Staff Recommendation: Authorize the Town Manager to enter into an agreement in a form approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the execution of the Regional Electric Bike Share Program in 2022.
6.Town Manager Report (10 min.)
6.1.2022 Wildfire Mitigation Award to Vail Fire's Paul Cada
Background: Nation's Leading Wildfire Management Group recognized Vail Fire's Paul Cada as the recipient of the 2022 Wildfire Mitigation Award.
6.2.Peer Resort Exchange Update
6.3.2022 Community Survey Update
7.Presentations / Discussion
7.1.Fire Free Five Community Assistance Program15 min.
Presenter(s): Mark Novak, Fire Chief
Action Requested of Council: Approve Fire Free Five Community Assistance Program
Background: Creating a 5' non-combustible zone (Fire Free Five)  around a building is one of the most important actions that can be taken to reduce the risk of structural loss due to wildland fire. Town Council directed staff to establish a program to help offset the cost associated with creating a 5' non-combustible zone around structures. 
Staff Recommendation: Approve Fire Free Five Community Assistance Program
7.2.Short-Term Rental Study - Part 445 min.
Presenter(s): Alex Jakubiec, Finance Department; and Andrew Knudtsen, Economic & Planning Systems Inc
Action Requested of Council: Please provide feedback to staff regarding ordinance changes as a result of the short-term rental study.
Background: The purpose of this memorandum is to revisit policy changes recommended for consideration at the March 15th presentation of the short-term rental study. These recommendations we based on feedback heard during the short-term rental study conducted by RRC Associates and Economic & Planning Systems Inc.
Staff Recommendation: Please provide feedback to staff regarding ordinance changes as a result of the short-term rental study.
8.Action Items
8.1.Resolution No. 9, Series of 2022, A Resolution of the Vail Town Council Approving a Master Lease between the Town of Vail and the Vail Corporation, dba Vail Associates Inc. ("VAI")10 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 9, Series 2022.
Background: On March 1 and 15, 2022, the Vail Town Council reviewed a proposed new Timber Ridge Master Lease agreement.  Following discussion of the proposed new master lease agreement by the Town Council, direction was provided to the Town staff.  The master lease terms are outlined in Section 3 of the Staff Memorandum.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 9, Series 2022.
8.2.Ordinance No. 2, Series 2022, First Reading, An Ordinance Amending Chapter 11 Of Title 5 Of  The Vail Town Code To Reduce The Risk Of Wildfires In The Town30 min.
Presenter(s): Paul Cada Wildland Program Manager, Mark Novak Fire Chief
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 2, Series of 2022
Background: In 2020 the Vail Town Council adopted  the Vail Community Wildfire Protection Plan (CWPP). A primary goal of the CWPP was to reduce the risk of a wildland urban disaster within the Town of Vail. An essential element in achieving this goal is to prevent the ignition of structures. The most effective manner to achieve this goal is to require a non-combustible zone around all structures. Since introduction at the March 15, 2022 meeting, Ordinance No. 2 has been modified to incorporate public and Town Council input. 
Staff Recommendation: Approve Ordinance No. 2, Series of 2022 on first reading
8.3. Ordinance No. 5, Series of 2022, First Reading, An Ordinance Amending Various Sections of the Vail Town Code Relating to Alcoholic Beverages, to Reflect Changes in State Law10 min.
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny first reading of Ordinance No. 5, Series 2022.
Background: The Colorado General Assembly recently passed, and the Governor recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1, 2018 and the Town Council wishes to update the Vail Town Code accordingly.
Staff Recommendation: Approve, approve with amendments or deny first reading of Ordinance No. 5, Series 2022.
9.Public Hearings
9.1.Ordinance No. 4, Series of 2022, First Reading, Four Seasons Amendment to SDD No. 36 to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite30 min.
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading.
Background: On March 14, 2022, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail Town Code.  At the conclusion of the public hearing, the PEC voted 5-0-1 (Gillette abstained) to forward a recommendation of denial, to the Vail Town Council
Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading.
9.2.An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a Condition of Approval for DRB22-0035, a residential project located at 3070 Booth Creek Drive30 min.
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision.  
Background: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by Shepherd Resources Inc. AIA, requested the review of an addition to an existing single family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of 5-0, approved the project with the noted condition
Staff Recommendation: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision.  
9.3.Ordinance No. 3, Series 2022, Second Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Residences at Main Vail Fund and Dispatch Services Fund.10 min.
Presenter(s): Carlie Smith, Deputy Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 3, Series 2022.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 3, Series 2022.
10.Adjournment
10.1.Adjournment 9:35 pm (estimate)


Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org.

 

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