VAIL TOWN COUNCIL REGULAR MEETING

Evening Agenda

Town Council Chambers and Virtual on Zoom

6:00 PM, May 3, 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. 5, Series of 2022, Wildfire Preparedness Month5 min.
Presenter(s): Paul Cada, Wildland Program Manager
Background: This is a joint proclamation of Eagle County and the Towns within Eagle County declaring May to be Wildfire Awareness Month. Citizens are encouraged to take action to reduce the wildfire threat and prepare for a potential wildfire. 
Staff Recommendation: Approve Proclamation No. 5, Series of 2022
4.Consent Agenda (5 min.)
4.1.April 5, 2022 Town Council Meeting Minutes
4.2.April 19, 2022 Town Council Meeting Minutes
4.3.Resolution No. 20, Series of 2022 , A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2022 Through December 31, 2022.
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 20, Series of 2022.
Background: See attached memo.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 20, Series of 2022.
4.4.Resolution No. 21, Series of 2022, a Resolution Approving an Agreement between the Town of Vail and the State of Colorado Department of Human Services for Co-Responder Mental Health Services
Background: The Intergovernmental Agreement with the State of Colorado Department of Human Services for mental health service is necessary and will promote the health, safety, morals, and general welfare of the Town.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 21, Series of 2022.
4.5.Resolution  No. 23, Series of 2022, A resolution approving the purchase of residential property known as Pitkin Creek Condominium Unit 5-L, 3931Bighorn Road , Vail CO. 81657
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 23, 2022
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 23, 2022
5.Town Manager Report (10 min.)
5.1.Community Picnic Updates
Background: Bighorn Park Picnic July 19, 2022; Donovan Park Picnic August 9, 2022
6.Action Items
6.1.Resolution No. 22, Series of 2022, A Resolution of the Vail Town Council Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open Space45 min.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 22, Series of 2022
Background: During the April 19th Town Council directed the Town Attorney to return to the May 3rd meeting with a resolution to exercise the power of eminent domain for the  acquisition, by condemnation, of a fee interest in the Booth Heights parcel as open space is necessary and serves a public purpose. 
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 22, Series of 2022. 
6.2.Ordinance No. 9, Series of 2022, First Reading, An Ordinance Correcting Various Sections of Title 12 of the Vail Town Code to Reflect Changes in the State Law5 min.
Presenter(s): Johnathan Spences, Planning Manager
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2022, upon first reading.
Background: During a routine audit, American Legal Publishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised Statues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references.
Staff Recommendation: Approve Ordinance No. 9, Series of 2022 upon first reading.
6.3.Ordinance No. 10, Series of 2022, An Ordinance Amending Section 6-3D-4.a.4. of the Vail Town Code, Regarding Harassment5 min.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022.
Background: The Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-9-111(1)(e), was an impermissible restriction on free speech.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022.
7.Public Hearings
7.1.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 Drive.45 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.  
7.2.Regional Transportation Authority Public Hearing on Draft Intergovernmental Agreement30 min.
Presenter(s): Greg Hall Director Public Works and Transportation and Tanya Allen ECO Transit Director
Action Requested of Council:
  • Open the public hearing and begin with a brief presentation regarding the draft Intergovernmental Agreement to form a Regional Transportation Authority
  • Seek public comment on the draft IGA during the public hearing
  • Provide Town Council input on the draft IGA  
Background:

The purpose of this item is to conduct the first of two public hearings regarding an Intergovernmental Agreement to form a Regional Transportation Authority.

The actions of the council agenda include:

  • A brief presentation of the draft Intergovernmental Agreement
  • Conduct a public hearing to receive input on the draft Intergovernmental Agreement
  • Provide Town Council input on the draft Intergovernmental Agreement, a second public hearing will be held by the Town Council May 17, regarding a resolution approving the IGA.
Staff Recommendation: Conduct the public hearing allowing public comment on the draft IGA as well as provide Town Council input on the draft IGA.
7.3.Ordinance No. 8, Series of 2022, an Ordinance Repealing and Reenacting Title 10, Chapter 1 of the Vail Town Code and Adopting by Reference the 2021 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code, and the 2020 Edition of the National electrical Code, with Amendments; and Adopting the 1997Edition of the Uniform Code for the Abatement of Dangerous Buildings, with Amendments.15 min.
Presenter(s): CJ Jarecki, Chief Building Official
Action Requested of Council: Approve, approve with amendments, or deny Ordinance Number 8, Series of 2022.
Background: The building codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate.  This allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry.
Staff Recommendation: Approve Ordinance Number 8, Series of 2022 as submitted.
8.Adjournment
8.1.Adjournment 8:55 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.

 

Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711.