VAIL TOWN COUNCIL REGULAR MEETING

Evening Agenda

Town Council Chambers

6:00 PM, May 21, 2019

AMENDED AGENDA

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 (5 min.)
2.Award Recognitions
2.1.Recognize recent HousingColorado Eagle Award given to George Ruther, Vail Housing Director, and acknowledgement of the Vail Local Housing Authority for the Vail InDEED Deed-Restriction Purchase Program 5 min.
Presenter(s): Dave Chapin, Mayor
Background:

The Town Council would like to congratulate George Ruther and the Vail Local Housing Authority for the recent recognition by the HousingColorado group who presented the Eagle Award to Vail's Housing Director Mr. Ruther as well as recognized the Vail InDEED program as one of five outstanding housing programs in the State of Colorado.

 

HousingColorado is an industry association dedicated to working with and acknowledging affordable housing in Colorado. The Eagle Award was established in 1990 and has come to represent one of the highest achievements for the Colorado housing community. This prestigious award celebrates the extraordinary accomplishments and outstanding leadership in housing and support services. The award honors individuals, agencies, projects, and programs that soar to new heights in their work to ensure safe, decent, affordable housing for all Coloradans.  A total of four winners were chosen from nearly 30 project, program and individual nominations from across Colorado by an industry-diverse selection committee. The four Eagle Awards and one People’s Choice Award were presented at the 2019 Eagle Awards Ceremony on Thursday, May 9, 2019 at the Four Season Hotel in downtown Denver.

2.2.Colorado Grand Scholarship Award Recognition5 min.
Presenter(s): Jenn Bruno, Mayor Pro Tem
Background: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County.  The 2019 award will be given to a senior student who attends one of the local High Schools.  Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years.
2.3.Town of Vail Youth Award Recognition5 min.
Presenter(s): Dave Chapin, Mayor, and Scott O'Connell
Background: The Town of Vail will recognize two local Vail students (and residents), for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools, Vail Mountain School & Battle Mountain High School. The Town has been a supporter of this program formerly administered and funded by the Vail Valley Exchange (no longer an active organization).
3.Appointments for Authorities, Boards and Commissions
3.1.Vail Local Housing Authority Appointment5 min.
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint one person to serve on the VLHA for a five-year term ending on May 31, 2024.
3.2.Vail Local (Liquor) Licensing Authority Appointments5 min.
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three people to serve on VLLA for two-year term ending May 31, 2021.
4.Consent Agenda
4.1.Resolution No. 23, Series of 2019; A Resolution Pledging 100% Renewable Energy for Town of Vail Municipal Electricity20 min.
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Greg Hall, Director of Public Works, Transportation and Parks,and representatives from Holy Cross Energy
Background: The Town of Vail's Environmental Sustainability Strategic Plan holds the town to a reduction of carbon emissions of 20% by 2020 below 2006 levels. Holy Cross Energy will present the PURE program, an energy offset program where members may purchase renewable energy for a premium.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 23, Series of 2019, and associated funding of $36,000 (estimated based on last 12 months kWh usage) for wind power in the supplemental budget, offsetting over 4.6 million kWh of municipal electricity use with renewable energy.
4.2.Resolution No. 24, Series of 2019, A Resolution Approving the Purchase of Lot 5 Bighorn 2nd Edition Known as 3785 Lupine Drive, Lot 5, Vail Colorado 81657
5.Town Manager Report
5.1.Red Sandstone Parking Structure Project Update
5 min.
Presenter(s): Greg Hall, Director of Public Works & Transportation
6.Presentations / Discussion
6.1.Civic Area Plan Discussion120 min.
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: Staff asks Council to review the presentation and provide direction related to the content provided by the project team.
Background: Since our last update to Council on April 2, 2019, the project team has launched Engagement Window 2 to gain feedback on the various design concepts for each of the five sites in the study area.  Today’s presentation to Council focuses on the feedback we received from the public through surveys conducted on EngageVail.com, and input from various stakeholder groups we have met with during Engagement Window 2.  The presentation also covers funding mechanisms available to the Town, rough estimates of cost, and market considerations relative to the types of uses contemplated within the Civic Area.
Staff Recommendation: No recommendation is proposed from staff at this time. 
7.Break (10 min.)
8.Action Items
8.1.Ordinance No. 9, Series of 2019, First Reading, Prescribed Regulations Amendment - Separated Duplexes30 min.
Presenter(s): Erik Gates, Community Development Planner
Action Requested of Council: The Vail Town Council is asked to approve, approve with modifications, or deny Ordinance No. 9, Series of 2019
Background: Within the TOV there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design.
8.2.Permission to Proceed Through the Development Review Process for use of Town of Vail owned property to construct a driveway and retaining walls, located at 4018 Willow Way.15 min.
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Town Council is asked to review a request to submit development review applications (Design Review Board and Planning and Environmental Commission) for use Town of Vail property for the construction of a driveway and retaining walls in order to access a 45-acre parcel of land which has no frontage on a public right-of-way.
Background: The proposed driveway would facilitate access to, and development on, the 45-acre parcel of undeveloped land, which does not have frontage on a public right-of-way. If this applicant is unable to obtain access through Town property, they will need to seek access from a private property, or through other existing access easements.
Staff Recommendation: The Community Development Department recommends that the Vail Town Council deny use of Town property.  
9.Public Hearings
9.1.Ordinance No. 8, Series of 2019, Second Reading, Ordinance adopting Prescribed Regulations Amendment - Roof Pitches5 min.
Presenter(s): Ashley Clark, Planner II
Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading.
Background: The Community Development Department is proposing to update the Vail Town Code to add definitions related to roof pitches and respective maximum allowed heights and to add language to regulate parapets. The legislative history for height allowances in Vail from the original adoption of the Zoning Regulations and Design Regulations to today shows that Vail has adjusted its codes to accommodate design trends and technology. Today, roof construction practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many different roof pitches, with some being more flat or sloping relative to others. This text amendment seeks to update the existing code to provide a clear standard for fair and consistent review of projects in Vail.
Staff Recommendation: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading.
9.2.Ordinance No. 6, Series of 2019, Second Reading, An Ordinance Granting a Franchise to Holy Cross Energy10 min.
Presenter(s): Greg Hall, Public Works & Transportation Director
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading.
Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility Franchise Agreement since February 27, 1979.  That agreement  was renewed on May 4, 1999 to expire this May.  The franchise fee is currently set at 3%, which is consistent with other municipalities with whom Holy Cross Energy has franchise agreements with.  The proposed franchise agreement increases the franchise fee to 4%.  The additional revenue generated from this increase will assist with undergrounding of overhead electric and other utility lines.   Public notice requirements for franchise agreements have been met by Holy Cross.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading.
9.3.Second reading of Ordinance No. 7, Series 2019, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund20 min.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series 2019                 
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2019
10.Adjournment
10.1.Adjournment at 9:50 p.m. (est.)


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.