VAIL TOWN COUNCIL REGULAR MEETING

Evening Agenda

Town Council Chambers

6:00 PM, December 19, 2017

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
2.Appointments for Boards and Commissions
2.1.Appointments for Commission on Special Events (CSE)5 min.
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three people to CSE with formal motion. 
Interviews for CSE were conducted during the afternoon meeting.  Three vacancies for two year terms ending in 2019 need to be filled with appointments from Town Council.
3.Consent Agenda
3.1.Resolution No. 43, Series of 2017, A Resolution Approving an Amendment to Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Vail Bridge Road Strucuture Replacement; and Setting Forth Details in Regard Thereto
3.2.Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz replacement radios
4.Town Manager Report
4.1.Town Manager Report5 min.
Presenter(s): Greg Clifton, Town Manager
5.Presentations / Discussion
5.1.2018 Colorado Classic bike race update including a formal request for funding for two stages in Vail August 16 & 17, 2018
45 min.
Presenter(s): Mike Imhof, Vail Valley Foundation
Action Requested of Council: Council approve or deny request for event funding.
Background: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an informational update presenting the opportunity for the Town of Vail to host one or two stages of the 2018 Colorado Classic on August 16 & 17, 2018.  The VVF informed Council that they would take their feedback to the event organizers to better understand the overall event opportunities, RFP requests, and costs in order to return with a formal funding request.
5.2.Town of Vail Annual Resale Lottery Criteria Process and Options for Consideration for Process Amendments – Recommendation to Vail Town Council30 min.
Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair, Vail Local Housing Authority
Action Requested of Council: Listen to the staff presentation on the recommendation for amendments to the annual resale lottery criteria process and solicit public comment.  Provide instruction to the Town staff on proposed amendments.
Background: The Vail Town Council requested that the Vail Local Housing Authority and the Community Development Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements.  A number of objectives and identified issues to be addressed as a result of this request are outlined in the staff memorandum to the Vail Town Council.
Staff Recommendation: Following careful and thoughtful review of the Town’s annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail.  To be successful, the resale lottery criteria and selection processes should be aligned with Town’s goals and objectives for housing.  A complete list of recommended actions is outlined in the staff memorandum.
6.Action Items
6.1.Ordinance No.17, Series of 2017 - Amending Title 12, Zoning Regulations, removal of vegetation for Wildfire Mitigation15 min.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance N. 17, Series of 2017 on 1st Reading.
Background: This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town’s abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal.
Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This recommendation was based on a finding that the proposal furthered the adopted goals, objectives and polices of the Vail comprehensive plan.
6.2.Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations
10 min.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2017 upon first reading.
Background: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction.  Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws.
6.3.Ordinance No. 23, Series of 2017, An Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs.10 min.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon first reading.
Background: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant’s failure to pay money, failure to appear to pay money, or failure to appear at any post-sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters.
6.4.Red Sandstone Elementary School Parking Structure Update15 min
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council:

.  The staff has requested the Town Council address the following:

  • Authorize the Town Manager to enter into a pre-construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500
  • Amend the 2017 supplemental budget for the design and construction of the south I 70 improvements by $287,500 to be funded by Vail Reinvestment Authority

Background: The Town of Vail and the Eagle County School District are working together to jointly construct a four-level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up.
Staff Recommendation:

Staff recommends the Town Council continue to pursue the four-level structure. In addition, the Town Council should take action on the items below:

  • Authorize the Town Manager to enter a pre-construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 
  • Amend the 2017 supplemental budget for the design and construction of the south I-70 improvements in the amount of $287,500 to be funded by Vail Reinvestment Authority.


7.Public Hearings
7.1.Ordinance No. 9, Series of 2017, Second Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock-offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. 90 min.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon second reading. 
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a second reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling units with 20 attached accommodation units (lock-offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On December 5, 2017 the Vail Town Council approved the establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the council cited three primary concerns and requested that the applicant address these items prior to second reading. Please see the staff memorandum and a discussion on these items and the applicant's response.
7.2.Ordinance No. 21, Series of 2017, Second Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto45 min.
Presenter(s): Matt Panfil, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19, 2017.
Background: This is a request for a major amendment to Special Development District No. 36, Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs).  The reconfiguration will result in an increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units (AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs.
Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a major amendment to Special Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town Code.  At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval to the Vail Town Council. 
7.3.Ordinance No. 19, Series of 2017, Second Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning.5 min.
Presenter(s): Mike Vaughan, Fire Marshal
Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series of 2017.
Background: Please see the attached memo regarding this Ordinance
Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series of 2017.
7.4.Ordinance No. 20, Series 2017, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund
15 min.
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2017
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 20, Series 2017
8.Adjournment
8.1.Adjournment at 10:20 p.m.


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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