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HomeMy WebLinkAbout2013-01-15 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JANUARY 15, 2013 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 2. ITEM/TOPIC: Consent Agenda: 1) Approval of December 4 and 18, 2012 meeting minutes (5 min.) PRESENTER(S): Various 3. ITEM/TOPIC: Town Manager Report: (5 min.) 4. ITEM/TOPIC: The first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 5, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 5, 2013 Council meeting. 5. ITEM/TOPIC: The first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (5 min.) 1/15/2013 PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 5, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 5, 2013 Council meeting. 6. ITEM/TOPIC: First Reading of Ordinance No. 2, Series of 2013, An Ordinance Amending Section 6-3C-6 of the Vail Town Code to Reconcile the Vail Town Code with the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) (10 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 2, Series of 2013. BACKGROUND: Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 2, Series of 2013. 7. ITEM/TOPIC: Ordinance No. 3, Series of 2013, An Emergency Ordinance Adopting a Temporary Ban on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section of Article XVIII of Colorado Constitution (Amendment 64) (10 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments Emergency Ordinance No. 3, Series of 2013. BACKGROUND: Pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance". It is the desire of the Council that town staff study the effects of such marijuana establishments, considering the Town's existing land use 1/15/2013 regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. The town staff needs sufficient time to gather information and study the effects of marijuana establishments and the zone districts in which they should be permitted, if at all. During such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to adopt a temporary ban on the location of marijuana establishments in the Town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the Town during the time that Town staff is studying the effects of such establishments and the proper location for such establishments, if they will be permitted in the Town. STAFF RECOMMENDATION: Approve, approve with amendments Emergency Ordinance No. 3, Series of 2013. 8. ITEM/TOPIC: Ford Park Phase 2 Update. This update to the Council includes a status report of the Phase 1 Construction progress and schedule, the submittal to the Planning and Environmental Commission (PEC) of the Phase 2 Development Plan for Ford Park and a request by the Vail Valley Foundation (VVF) to proceed through the Development Plan process. (40 minutes) PRESENTER(S): Todd Oppenheimer, Town Landscape Architect and Pedro Campos, Zehren and Assoc. ACTION REQUESTED OF COUNCIL: Staff requests the Council provide comments on the Ford Park Phase 2 Development Plan submittal to the PEC and grant permission to the Vail Valley Foundation to proceed through the development process. BACKGROUND: Please refer to the attached memorandum. STAFF RECOMMENDATION: Please refer to the attached memorandum. 9. ITEM/TOPIC: Adjournment (7:35 p.m.) 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: Consent Agenda: 1) Approval of December 4 and 18, 2012 meeting minutes PRESENTER(S): Various ATTACHMENTS: December 4, 2012 meeting minutes December 18, 2012 meeting minutes 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 1 Vail Town Council Meeting Minutes Tuesday, December 4, 2012 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Pro-tem Ludwig Kurz. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro-tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was first reading of Ordinance No. 20, Series 2012, third supplemental of the 2012 Budget. Kathleen Halloran, Budget Manager, said the supplemental will increase by $855,000 for expenditures and will be offset by $732,000 for revenues across general funds, capital project funds and . Council had a question regarding the Colorado Department of Transportation (CDOT) Frontage Road parking costs. Kassmel said the $130,000 was for subsoil stabilization as 85% of the road from the helipad to the West Lionshead Circle curb was unstable. CDOT removed unstable material and added better stabilization materials. Foley asked when the Matterhorn Bridge is scheduled to be open. Kassmel said it is scheduled to be open on December 15. Moffet made a motion to approve Ordinance No. 20 on first reading and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. The second item on the agenda was second reading of Ordinance No. 17, Series 2012, Mil Levy Certification. Kathleen Halloran, Budget Manager, stated there were no changes from first reading. Moffet made a motion to approve second reading of Ordinance No. 17 and the motion was seconded by Donovan. A vote was taken and the motion passed, 7-0 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 2 The third item on the agenda was first reading of Ordinance No. 23, Series of 2012, an ordinance approving a Franchise Agreement with Comcast of Colorado VI, LLC for the provision of cable services in the Town of Vail. Matt Mire, Town Attorney, stated Comcast representatives were in attendance if the Council had questions for them. The audit of the Comcast system is now in compliance with the compliance agreement and all items have been completed. Jeff Dolan, Vice President of Regulatory and Government Affairs with Comcast, said he came on board with this project at the end of last year and was working with Mike Trueblood, operations manager for Comcast for this area. Dan Wherry replaced Trueblood and they have been working with the town in the past few months. Comcast has invested time and resources to make sure the infrastructure was up to par for residents of Vail and have improved customer service. He said on the operations side, Comcast has complied with all the agreement items. Comcast worked with Colorado Department of Transportation (CDOT) to provide the same services and products as are provided in the Denver area. Digital upgrades were done to get more high definition, speed and more channels. He said all Comcast customers need a cable box to receive these upgrades. In 2011, after the audit, Comcast did an overhaul of the infrastructure to get the Vail issues resolved. He discussed all the upgrades, changes, repairs and plant integrity items Comcast has done over the past two years. Daly stated in the past the town was able to have two paper stuffing promotions for the access channels through Comcast. He would like to have Comcast provide two electronic stuffers from the town to add into their invoices. Dolan stated Comcast wants to keep open lines of communications with access providers and work with all of them to provide great service. He said this doesn’t need to be a part of the franchise agreement. Daly wants this in writing since the agreement is for 10 years. Dolan said he will find out how the town can get information onto the Comcast electronic invoices. Daly stated this was first reading of this ordinance and they will do the second reading of the ordinance later to give Dolan time to respond to the request. Tjossem said another item she wanted clarification on was access to the Universal Sports Network and international ski racing. Dolan said Comcast is in negotiations regarding that program. Council wants that channel to be part of the basic services lineup. Dolan stated Comcast has been in negotiations with Universal Sports Network for quite some time and they are not close to a resolution at this time. They could not commit to carrying this channel on a certain tier of services. If they reach an agreement with the provider, he will work with the marketing folks to get that channel in Vail. Tjossem said the 2015 championships will be held in Vail and this is important for the international guests. She said this is the Super Bowl to international guests. JK Perry, with Channel 5, thanked the Council and staff for their work on the franchise agreement. He said there were a few items that were not in the agreement that he wanted to address. He read his letter into the record which spoke of the triggers needed to provide a second access station, to have a lower threshold to move into a second station, the hours for broadcasting Vail information are odd hours and fall out of the triggers currently in place. He wants a start time of 8:00 a.m. He also wants to develop relationships with other local entities to share in the cost of the access channel and would like the ability to have these in the new franchise agreement. He said the Channel 5 access channel needs the ability to be included in the electronic stuffers. He also wants to see information on the access channel at the Comcast counter at their Avon, Colorado office. He also wants the ability to insert commercials for the 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 3 Channel 5 access channel on other stations on the Comcast line up, add their listing in any program guide. He also stated in the old agreement, there was the ability for the town to implement a PEG fee to subscribers and would like to see that in the new agreement so the town has the ability to implement that fee in the future. Donovan said she is supportive of expanding the hours to 8 a.m. Council didn’t want to charge PEG fees to customers. Dolan said the expansion to move to 8 a.m. is OK with Comcast. The current hours of 48 hours lowering it down to 40 hours would be a compromise they would be willing to make. He said this is a partnership and there is nothing in the agreement prohibiting these changes but said these don’t need to be in the franchise agreement. He said he would be happy to work with JK at Channel 5 to do electronic stuffers and coordinate to get materials for Channel 5 on the counters in the Avon office. He said the Council has decided not to impose PEG fees. If the town chooses to impose a fee in the future, they can do that with residential subscribers but not bulk-billed customers. Bulk business is competitive and the more the add fees the more it hurts their competitive edge. There is an amendment clause in the agreement that the town and Comcast can amend in the future. Dolan also stated that Comcast supports events and causes to allow partners to enter into agreements by getting cash or in- kind services on existing channels. If there is something to advertise on other channels, that isn’t a free right to be in the franchise. Further discussion ensued. Jim Lamont, with the Vail Homeowners Association, thanked Comcast for their efforts in getting a state-of-the-art system in Vail. Locals have come to rely on the local access channels to service the town’s guests and residents to receive current information. This needs to be as transparent and accessible as possible to residents and guests. Vail is a global community and there is a desire and need to access new technology as needed in the future. Carberry said the agreement is for cable television only; anything beyond television cable service is prohibited by law at this time. Daly reiterated the trigger for a second public channel is forty (40) hours and the start time is 8:00 a.m.; an opportunity for Vail to participate in two Comcast electronic stuffers rather than one paper stuffer; and the PEG fees will be an option in the agreement for a future possibility with a percentage basis which can include commercial properties. Moffet made a motion to approve Ordinance No. 23 on first reading with the three changes as Daly read into record and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. Dan Wherry, local Comcast Director/General Manager for the North Colorado Mountain Area, introduced himself to Council and the public. The fourth item on the agenda was a Council Dinner Break at 5:50 p.m. The Council resumed the meeting at 6:00 p.m. The fifth item on the agenda was the presentation of an award recognizing the Town of Vail for adoption of the 2012 International Building Codes. Martin Haeberle, Chief Building Official introduced Dave Nichols to Council. Dave Nichols, Regional Manager for the International Code Council (ICC), said the ICC is proud that Vail has recognized and valued the role the international codes are for building compliance. He presented the award to the Town of Vail in appreciation of adopting the most current international building codes. He said Vail is one of the first communities in Colorado to adopt 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 4 the 2012 International Building Codes. Council thanked Haeberle for his leadership in getting this implemented in Vail. The sixth item on the agenda was the presentation of an award from the ECO Trails Committee to the Town of Vail for Trail Supporter of the Year. Dick Cleveland and Jamie Gunion, representing the ECO Trails Committee, said the town was nominated and won the award as the town has taken on the leadership role of maintenance of trails near Vail. Cleveland said trails are a huge draw for guests and a benefit to the Vail community. He said the town staff has worked closely with the Colorado Department of Transportation (CDOT) on the trails. Gunion said the ECO Trails Committee appreciates the support of the Council. Daly said seeing the Vail Pass trail paved this summer was a big accomplishment. He said completing the county-wide bike system is of great importance to all the residents and guests in the county. The seventh item on the agenda was the Town’s recognition of Officer Dan Torgerson and Mark Walter. Mark Miller, Fire Chief, stated there was a serious arson fire in May of 2012. He said the fire was contained due to early intervention and great collaboration between the Vail fire department and police department, who worked so well together. Mark Walter, an East Vail resident, noticed some suspicious activity, called 911 and notified emergency dispatch of suspicious behavior of a person. Officer Torgerson raced over to the townhome on fire. The stairway was on fire and was the only egress for this condominium complex. Torgerson used the fire extinguisher in his vehicle. Due to Walter and Torgerson’s early intervention, they were able to save lives. The efforts of both men were above and beyond the call of duty. A Citizen Hero Award was given to Mark Walter. Dwight Henninger said a Life Saving Award was given to Officer Dan Torgerson from the Vail police department. Walter said he credited the first responders for answering so quickly. Council thanked Walter for participating and being a good citizen. Henninger also awarded the certificates of commendation to Justin Liffick, Katie Williams, and Samantha Graves. They also gave a commendation to Mike Vaughan, Vail Fire Marshall. The eighth item on the agenda was Citizen’s Participation. Crawford Pierce said he and his family are Bald Mountain Road residents. He said the open space adjacent to his residence is in disrepair and he was proposing to restore the open space near his residence. He wanted to donate labor, materials and future work on this open space. He would like to move forward on this project. He stated he had been given warnings to stop work he had already been doing on the open space until he gets the proper approvals and permits. Daly asked the Community Development Department to look into restoring this area. Zemler said he would look into what is needed at this site. Mike Cacioppo said he read a press release of the termination agreement between the Vail Valley Medical Center (VVMC) and the town. He asked if this project was really over and did the VVMC own the land. Daly said the land transaction was never consummated and the town still owns the land. He said the future of the project is in the hands of the VVMC and the Steadman Clinic. Cacioppo asked what amount the taxpayers paid to date for this project. 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 5 Zemler said the taxpayers have paid approximately $400,000 to $500,000. Zemler said there is still a very complete design for a town hall and is the town’s part and had nothing to do with the medical office building. A decision could still be made in the future to move this project forward. Kelly Pope, representing the Parent Teacher Organization of Red Sandstone Elementary School (RSES), said they needed the Council to support the RSES funding request as it is important due to budget cuts in the school district. She said there isn’t enough funding to keep the school open within the budget constraints. She said 100% of the requested funding, if given, would go to RSES. Daly said this item should be discussed under the budget agenda item later in the meeting. Tom Neyens, Vail business owner, wanted an ECO bus stop at the Concert Hall Plaza area reinstituted as a “bell stop” and not a regular stop. He contacted ECO and they told him he had to contact the Vail Council to request this as the town changed the bus stop from the Concert Hall Plaza area to the top of the Lionshead Transportation Center. Zemler said staff will look into this and get back with Neyens. The ninth item on the agenda was the Consent Agenda. On the consent agenda was the approval of the November 6 and 20 meeting minutes. Foley made a motion to approve the November 6 meeting minutes and the motion was seconded by Rogers. A vote was taken and the motion passed, 6-0-1 with Moffet abstaining as he was not at this meeting. Rogers made a motion to approve the November 20 meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed 5-0-2 with Foley and Daly abstaining as they were not at the meeting. The tenth item on the agenda was the Town Manager Report. There was a brief ceremony in honor of the town being debt free. Daly said this was a well deserved recognition and thank you to town staff and past Council members that guided the town to be debt free at this time. This creates an opportunity for the town to identify possible future projects. There was also a letter from a citizen thanking John Power for his response to the damage to their home from an ice boulder. They were thankful to live in a community where the town takes responsibility. Daly thanked Power for his leadership in taking charge of the situation. The public works crews installed new guard rails in this area so that this wouldn’t happen again. The eleventh item on the agenda was second reading of Ordinance No. 16, Series 2012, the 2013 Town of Vail Budget. Kathleen Halloran, Budget Manager, stated this was second reading of the budget ordinance. She said the questions Council had at first reading were explained in the memorandum. She said $8 million to pay down Timber Ridge will come from the general fund reserve and the second $8 million will come from the Capital Projects Fund as a loan to Timber Ridge Affordable Housing Corporation (TRAHC). The Council also discussed funding for the Burton U.S. Open, merit increases for staff and the updated peer resort comparison chart. CSE additional funding of $190,000 was also discussed as well as the partnership of the Vail Fire Department with other fire agencies to help save costs for training. Capital projects fund changes included 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 6 removal of the municipal site redevelopment costs, the loan to Timber Ridge, Real Estate Transfer Tax (RETT), bike path, pedestrian overpass and lighting for the pathway. Daly requested the lighting fund of $345,000 not be included in the budget since this item was just added and to go through the regular process for this. Halloran will reduce the RETT budget by $345,000. Council also discussed special events and Town Council contributions. Daly stated from a budget perspective, the town had a balanced budget for 2012 and there were no incremental funds. Council would have to look at other ways to balance the budget including changing the split from 61/39 to 62/38 to create additional funds. Daly said there is a high probability of having the Pro Cycling event in Vail next summer and they need to find funding. Council needs to decide if they want to go forward with additional funding and how. Rogers said yes to increase and her list under general budget and operation budget of $261,400: $190,000 to CSE; $37,000 to RSES and full funding of Jazz Festival of $34,400. Rogers said she wanted to increase revenue projections based on Vail’s historical pattern of $1 million additional revenue in the general fund each year. She’d rather invest in special events. Zemler commented that the $1 million going into the general fund is not just revenue, but managed cost savings each year. Rogers said this is still conservative. She is willing to change the split to 62/38 as there have been many years that the split was 62/38. Adam Sutner, consultant to the CSE, said the return on events is 10 to 1. Total tourism spending was up 30% in 5 years and was $5.125 million for 2013. Tjossem said she would be in favor of changing the split. Donovan asked about what projects would need to be cut if the split is changed. Zemler said changing the split from 61/39 to 62/38 would move $201,000 to the general fund from the capital project fund. Moffet stated the town shouldn’t quit spending marketing money because we are successful. However, the town needs to measure performance versus dollars spent. He is concerned about how the town holds event producers accountable and how to switch allocations on diminishing returns. He also stated spending at the margins is not effective on diminishing returns. He believes the town needs to hold ourselves accountable. Kurz stated he wants the town to be more cautious moving forward. He said past Council’s and staff have kept the town in great financial shape. He suggested the Council let staff arrive at numbers that make sense. Foley said the CSE should get marketing money from the Vail Local Marketing District (VLMD). He is not in favor of raising revenue projections. He is ok with raising the split. The VLMD should spend money on marketing events. The general consensus was to spend more in special events and change split to 62/38. Daly suggested the town provide RSES a matching grant of $20,000, increase the funding for the Jazz Foundation by $20,000, CSE funding of $160,000 for a total of $200,000. Moffet said they should find another way to help RSES. Unintended consequences can by way worse. Tjossem said they are proposing to fund child care. This contributes to creating a sense of community and this is the only public school in Vail. It would be Vail’s responsibility to lobby for RSES. It’s part of Council’s mission to keep the school. She thinks RSES needs to be equal to Eagle Valley Child Care. Rogers said bottom line is all money spending for special events or capital projects meeting goals of council. Developing Vail as a family community is a highest priority. If Vail wants to have a vibrant family community, they can’t do that without an elementary school. RSES has done an admirable job but they need help. They can’t maintain the level of quality with the funding level they get from the school district. 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 7 Council determined that additional funding of RSES needs to be discussed separately from the budget discussion as a separate item. Council and RSES need to negotiate with the school district on what can be done. Zemler clarified that of the CSE’s request for $190,000, only $125,000 is for special events, $50,000 for event research and $15,000 for event marketing staff. Additionally, $1.1 million will be taken out of reserves for bike events and other iconic events. Council discussed changing revenue projections and only two Council members were in favor, so it is off the table. Council asked if the $50,000 in research needed to take place in 2013. Jen Bruno, Chairman of the CSE, stated the CSE has made meaningful changes and significant operation guidelines. During the past year the Vail Local Marketing District Advisory Council (VLMDAC) and CSE have been aligned with the town’s vision. The score card was added to gauge performance and marketing strength. The CSE has made changes to their mission statement and various changes in special events that were being funded for 2013. The CSE is asking for $100,000 for a possible event over Memorial Day weekend. They are also requesting funding for marketing support for the coordinator contract and event attendance research. She said without accurate reliable attendance research they can’t make better decisions on event funding. Tjossem asked about events for the Thanksgiving time frame as there isn’t anything during that time. James Deighan, with Highline Sports, said they can’t give a number. A smaller version of the Holidaze event is being worked on. Bruno said the ice shows are successful. It would be more appropriate to seek market dollars through the VLMD and not the general fund. Halloran said the VLMD maintains a small fund balance. Bruno said the $15,000 marketing support is for a staff liaison to event producers. She said the VLMD has offered to pay the $15,000. Deferring marketing research for a year would not a big loss of $50,000m but the Memorial Day funding and the Living Well event funding are more important. Tjossem said the research component is good investment. Donovan asked if this would be permanent funding. Bruno stated they wouldn’t want to do extensive research every year. Navas stated a standardized methodology would be created and the process to measure event attendance would be applied consistently. The town would monitor it and Mtrip would build the models and collect the data. Zemler summarized the contributions for four things: $160,000 for the CSE, with $15,000 from the VLMD for CSE marketing dollars, the Jazz Festival funding of $20,000; RSES funding of $20,000 which would come out of the 62/38 split. Donovan wants a policy conversation of what schools will be funded in the future. Rogers stated the Colorado Ski Museum, Betty Ford Alpine Gardens and the RSES don’t fit into the contribution category. Council will need to have a future discussion on how to fund these entities that don’t fit. Any contributions approved are a one-time funding for this year, at this point. Council will have further discussions on specific events in the future. Additional funding of $75,000 for the Pro Cycling Challenge was added from reserves plus another $100,000 from the VLMD. Daly asked about the Vail International Dance Festival’s 25th Anniversary funding to go from $45,000 in the budget to the total of the request of $60,000. This would be an increase for one 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 8 time only. He said the Burton U.S. Open requested funding of $500,000 and staff recommended funding $250,000. James Deighan, with Highline Sports, said they were instructed to submit the economic impact that the town would see from this event. The estimates from lodging and general tax revenue warrant the funding amount. He said to date, 3,500 rooms have been booked during this event. This event will be aired in 200 countries with 200 hours of television time. This iconic event will put Vail on the map, in new light. This will be Shawn White’s biggest snow boarding event to Vail. He discussed start up costs and recurring costs. He stated that building the half pipe is a cost but there is also a cost for maintenance every year. He said Burton brought this event to Vail to match what the event potential is in the world. Deighan stated that what portions of the event that didn’t exist prior to the event would provide infrastructure to Vail and the ancillary activities associated with the event. Some of the in-town activities can’t be done if the $500,000 is not funded. The event as whole needs funding. They are working with vendors to get more funding. He said this event would bring $18.5 million incremental revenue to the town. Rogers said she is comparing this with the 2015 championships. Donovan said this is a legacy concept for this event. Deighan said they have a five-year contract for this event. After the first year, the plan is to make this event bigger year after year. Kurz said this is a big deal for Vail, across the country and Europe. He said one of his concerns is that Europe is seeing a decline in snowboarding. Staff recommended funding this event at $250,000. Daly said this event is contracted to happen for the next five years. He asked if they will be requesting funding for next five years. The Council could not commit to funding this event for five years. They have to do this yearly. Donovan stated taking funds out of the general fund reserves is not sustainable. They need a future Council meeting to discuss and come up with a process at a retreat. Further discussion ensued about what level to fund the Burton US Open. Council compromised at $400,000 as the first year had the biggest impact and reiterated that this was a one time funding approval at that level. The next conversation was the general fund operations. A compensation increase for staff and a peer resort comparison chart was recently updated. Rogers previously wanted a 2% bonus and 2% merit but discussed this with the Human Resources Director, John Power. She agreed with JP that this was not an appropriate plan for the town. A vast majority of town employees do a good job and to develop a 2% bonus plan for all types of positions would be a challenge for management. Council members approved the 4% increase for staff salaries. The Capital Projects Fund was the next item. Daly asked about the upgrade to the town’s phone system and asked if it could be deferred for two more years in case the remodel of the town’s administration building moves forward. Judy Campbell said she had discussed this with Ron Braden, IT Director. Braden said the telephone system is in desperate need to be replaced now. The upgrade needs to be compatible with the new town building and money still needs to be in the budget. The Simba Run underpass feasibility study total cost is $400,000 with $200,000 from CDOT. Greg Hall explained that there had been a lot of coordination and work done with CDOT to get this funding, so the town should move forward with the study. Another item discussed was investing in the Chamonix infrastructure. Zemler said to leave a placeholder at this time and staff will have more detail after the first of the year. Daly requested this be in a future supplemental and not in the budget as a placeholder and to take it out. CDOT required parking improvements at Lionshead and the guardrail in West Vail were discussed. Halloran said the 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 9 Frontage Road improvements in front of Safeway are in the 2013 budget. Daly said there has been $1,333,000 spent in total and it was time to look to Vail Resorts for $4.3 million and access that money instead of committing the town’s money at this time. Zemler said he will need to discuss this with Vail Resorts. Staff will take out $700,000 and add it as part of a supplemental as it goes forward. $70,000 for design work was left in the budget. Real Estate Transfer Tax (RETT) was discussed next. Rogers advocated for an increase of $34,380 to fully fund the $100,000 requested by the Betty Ford Alpine Gardens (BFAG). She said the BFAG enhances the town’s real estate. She said the fact that Vail is able to have a world class alpine garden is something everyone should be proud to have in town. Funding for the BFAG needs to be discussed along with the Colorado Ski Museum and the RSES. Donovan asked what the town contributed last year. She also asked what the compelling reason would be to give the BFAG more money this year. Gwen Scapello, representing the BFAG, stated the amount of $100,000 is needed for running educational programs for children, various organizations such as other garden clubs; their Chef in the Gardens program and the annual Butterfly Launch. The BFAG want to increase programming and in the long term, to bring in someone who can focus on education and research. They are aware that Council is concerned about using town funding on BFAG operations. The gardens bring guests to town and get heads in beds. The way the BFAG budget is distributed, 64% is for funding operations. They want to get their funding back to the 2003 budget amount. Tjossem said the fundraising BFAG does can pay for programming. She said the Council needs to look at this differently. Their horticulturist programs for the gardens and the expertise is something the town cannot provide and does not have. Outside contracting to take care of gardens is a level above what town staff would have to do. The BFAG gets great publicity and their reputation is high. Donovan said she is comfortable with the staff recommendation. Daly said the Council will spend some time on January 8, 2013, on how to fund the Colorado Ski Museum, the Betty Ford Alpine Gardens and the Red Sandstone Elementary School. This discussion is too premature at this time. Kurz said he is supportive with Rogers’ recommendation of $100,000. Foley, Moffet, Donovan and Daly supported the staff recommendations at this time of $65,620. During public comment, Diane Boyer from the Colorado Ski Museum (CSM) thanked the Council for all they do for the CSM and as part of Colorado Gives Day. She requested the Council approve the increase for the CSM as requested. She said the museum provides a huge service to Vail, is a year-round activity, has a great educational center, and is one of the very few free activities in town. Jim Lamont, representing the Vail Homeowners Association, stated he hopes that next year for this budget process, they have a condensed discussion around the CSE and the VLMD with prior negotiations on funding happening before the budget process. He stated that since 2007, town staff have not had an across the board increase. He is aware that few businesses have done the same. He thinks even though the economy is not out of the woods, the town needs to set milestones so if conditions are met, it would trigger opportunities to give across-the-board increases. He said it is very hard to have a voice if you are a “line” staff. That voice is ably spoken by the Town Manager. It is hard in a government position to stir up new business. A government employee looks at a hopeless situation of incremental increases. He said he thinks 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 10 there is a psychology that demoralizes government employees. Vail has some of the best government employees and this is a way to give them some recognition and that they are appreciated. The Council is going to have to budget money and set aside funding to give the employees an increase in salary. Michael Cacioppo stated the RSES request for additional tax payer money from residents from Vail is inappropriate. His understanding is that Eagle County School District employees are at the top of salaries in Colorado, they are either No. 1 or 2, for about an 8-1/2 month school year. He said it the town goes down that slope of funding another government entity. They will be falling into the school district trap that they are creating and wreaking havoc throughout Eagle County. He said the Eagle County School District is punishing people for failure to support a tax increase from a couple of years ago. He said it was unfair for Vail tax payers to pay twice. He believes there is a strategy by the Eagle County School Board to cut RSES out of the picture. The next point is a legal point for suggesting funding tonight on an ongoing, permanent basis or funding events in the future, past the current year. The Council can’t legally commit to funding past one year. He said in the 37 years he has been here it always rains on Memorial Day. He said they need to look at weather patterns and see how many Memorial Day events could work. He heard that the CSE was possibly getting rid of the Farmers Market. Rogers said that was not true. He congratulated the Council and town for being bond debt-free. He said being bond debt-free did not mean they could spend money like wild banshees. He said to be careful with spending because if the town doesn’t get snow for the rest of December, it is substantial part of the revenue and could be an issue. Moffet made a motion to approve Ordinance No. 16, Series of 2012, on second reading with the modifications of increase the budget to U.S. Burton Open to $400,000; plus $175,000 as a placeholder for the Pro-Cycling (with $100,000 of that coming from the VLMD); $160,000 to CSE; $20,000 to the Jazz Foundation; and $20,000 to RSES; and to change the split from 61/39 to 62/38. An additional $15,000 for the CSE for marketing will be taken out of the VLMD funds. The motion was seconded by Kurz. A vote was taken and the motion passed, 6-1, with Daly opposed. A five minute break was taken at 9:00 p.m. The twelfth item on the agenda was a presentation of the four (4) Ever Vail development applications before the Council and requested action be taken on Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right- of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. George Ruther, Community Development Director, reviewed each of the 2011 ordinances with Council. He said the first time the town discussed this project was in 2005. Since then 85 public hearings have been held. Many market conditions have changed significantly and thousands of hours of staff time, VRI and community time have been expended on this process. He said at least three different boards have been party to this application process. He said the 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 11 resolution adopting amendments was approved by the Council in 2011. This request is for final review of the three ordinances, Ordinances No. 7, 8 and 9 of 2011; and Resolution No. 35. The applicant is not asking for specific approval of buildings or a site plan. When and if the time comes, the applicant will be required to come back into the town review process and continue for specific issues in the development review process. One of the requirements will be to be in compliance with the zoning, The ordinances are effective at a time into the future and won’t exist until improvements are done for the site. The zoning text amendments and amendment to the special development district will not apply until the applicant comes in to develop the property. The intent is still in effect and certain conditions will still need to be met. Kendra Carberry, representing the town attorney’s office, asked to continue Resolution No. 35, Series of 2012 to the December 18 meeting so the ordinances and resolution are all approved at the same time. Rogers said with all the discussions over the years, she is recommending approvals per staff recommendations to approve the ordinances. Daly asked Carberry how to define the condition of the completion of the Frontage Road. Carberry stated the condition for completion would be when the final plat is recorded at Eagle County. Further discussion ensued. Moffet wanted to discuss the core area parking maps to include Ever Vail in the commercial core designation. He wants more information and clarification at the next session of approval of the gondola at the site. Ruther said staff will come back and present it at the next meeting. Alex Iskedarian, representing Vail Resorts Inc. (VRI), said they are there to answer any questions. Rick Sackbauer, the Eagle River Water and Sanitation District (ERWSD) chairman, said he was representing the ERWSD directors and stated their position on this project. He said since 2006 he has worked closely with town staff on this project. Their concerns have remained consistent. The ERWSD submitted a comprehensive letter in September 2011 to Council and wants their concerns addressed and to reflect that they have been engaged in the process. He read into the record a letter that outlined the concerns and possible resolutions to the ERWSD concerns. Linn Brooks, with ERWSD, stated concerns are with Resolution No. 35 and Ordinance No. 7. Their September 14, 2011, letter addressed concerns including access to the wastewater parking deck easement needs to be addressed, access to the western portion of ERWSD property and access easement. The on-going treatment facilities need to accommodate large vehicles, and they want protection from VRI of the town and the ERWSD from nuisance lawsuits filed by buyers and tenants due to the location of the wastewater treatment facility. They want disclosure of the proximity of the ERWSD and other potential impacts required in the marketing information documents. They want VRI to obtain waivers from buyers and incorporate information into all the marketing materials, maintain setbacks of 10 feet and the easements across relocation options district requests town council conditional 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 12 Rogers said they are not approving any development. Brooks said they are addressing concerns for when they do development. Rogers said all the ERWSD rights are preserved at this point. Daly asked Carberry about the disadvantages of including the ERWSD conditions now. Carberry said easement access needs to be done legally. Requiring a nuisance lawsuit condition is not required at this time. The town can’t resolve this issue until there is a project in process. The final plat will address access and easement issues. And a subdivision improvement agreement can also address these issues. Ruther said these issues are important but they are timing issues. Gwen Scapello, a Vail resident, said she has a concern about tapering the profile of Ever Vail to blend down toward the residential areas. Ruther said the Lionshead Redevelopment Master Plan addresses this. In the site specific area, those standards supersede the mixed use requirements. Jim Lamont, representing the Vail Homeowners Association (VHA), said the VHA also has the same concerns as stated by the ERWSD. He said the possibility of having multi-year projects is that some key issues can fall through the cracks and may not be addressed. Some sort of acknowledgement of the ERWSD concerns should be documented and embedded in the approval process as it would be a vital key to the success of the project. He stated the issues are important and need to be memorialized for future discussion when the project moves forward. Donovan asked to reference the letter without tying themselves to the conditions. Mire said a recital could be added. Daly said the town’s interest and the ERWSD’s interest are aligned. Council may want to add as conditions. Kurz stated he sits on the board of ERWSD. The district’s position wants to make sure the town, VRI and the ERWSD address their concerns and they are not left out and dealt with as they move forward. Moffet made a motion to continue Resolution No.35 to the December 18, 2012, meeting and the motion was seconded by Kurz. A vote was taken and passed, unanimously, 7-0. Moffet made a motion to approve first reading of Ordinance No. 7, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. Donovan said the timing is not critical and she doesn’t support the changes to the master plan. Moffet made a motion to approve first reading of Ordinance No. 8, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. Moffet made a motion to approve first reading of Ordinance No. 9, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. The thirteenth item on the agenda was adjournment. 1/15/2013 Town Council Meeting Minutes for December 4, 2012 Page 13 As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:55 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 1 Vail Town Council Meeting Minutes Tuesday, December18, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro-tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. Jim Lamont, representing the Vail Homeowners Association (VHA), stated the VHA has been consistent in being in favor of and supporting the town in making sure the stream tract along Gore Creek is being utilized as it was intended and keeping the stream clean. He said this issue has been going on since Vail was developed. He said the stream tract along Gore Creek has been protected by covenants within the first thirteen filings in Vail. He urged the Council to resort to litigation as a final remedy to the situation. He suggested staff look at the town process for the removal of dead trees to follow that process. He said the property owners need advance public notice and time to resolve the problem of being in the stream tract. He said the town should allow people the opportunity to give the town a plan on how they are going to mitigate and remedy the issue. Foley asked for a moment of silence in respect for the Sandy Hook Elementary School tragedy. The second item on the agenda was the Consent Agenda. The items on the consent agenda were three resolutions: 1) Resolution No. 36, Series of 2012, a resolution approving an Intergovernmental Agreement (IGA) between the town and the Colorado Department of Transportation (CDOT) regarding the Simba Run Interchange; 2) Resolution No. 37, Series of 2012, a resolution approving an IGA between the town and the CDOT regarding the review of design work of the Town of Vail Municipal Complex Development; and 3) Resolution No. 38, Series of 2012, a resolution approving an IGA between the town and the Eagle River Fire Protection District. 1) Moffet made a motion to approve Resolution No. 36, Series of 2012 and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 6-1, with Foley opposed. 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 2 2) Moffet made a motion to approve Resolution No.37, Series of 2012, and the motion was seconded by Donovan. Council had a question on whether the Vail Valley Medical Center (VVMC) was in agreement with this IGA with the Eagle River Fire Protection District. George Ruther stated he didn’t know if the VVMC had approved this IGA. Ruther said this project has been 95-96% completed and this finalizes this process. He said he would discuss the IGA with the VVMC. A vote was taken and the motion passed unanimously, 7-0. 3) Moffet made a motion to approve the Resolution No. 38, Series of 2012, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. Moffet had a question about reimbursement from Eagle County. Mark Miller, Fire Chief, stated he is working on pursuing reimbursement from the County. The third item on the agenda was the Town Manager Report. A letter of endorsement from the Vail Town Council to the U.S. Forest Service supporting the proposed Vail Mountain 2012 Recreation Enhancements Project was discussed. Council was in favor of having the mayor sign the letter and forward it to the U.S. Forest Service. The fourth item on the agenda was second reading of Ordinance No. 20, Series 2012, the third supplemental to the 2012 Budget. Kathleen Halloran, Budget Manager, stated the supplemental increased the budget by $1 million and it was offset by $772,000 of income. The only change in the figures was the cost of over runs for the Library. Greg Hall said the dollar amount included soils testing, water tests and underground tests for contingencies. Since the building was built in 1983, they had to mitigate a lot of structural problems. Daly asked about the $65,000 over-run in legal fees. Halloran said $30,000 was reimbursed to the town from the Ever Vail project. Matt Mire stated the Sunburst litigation was not covered by CIRSA. Donovan stated that Rogers reviews the bills monthly. Rogers stated litigation is expensive and this was inexpensive comparatively. Moffet made a motion to approve second reading of Ordinance No. 20, Series of 2012, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the appointments to the Commission on Special Events (CSE) and the Vail Local Marketing District Advisory Council (VLMDAC) The Council interviewed the applicants at the work session earlier in the day. Council appointed three members to the CSE and three members to the VLMDAC. The appointments are for two years each, beginning January 1, 2013, and ending December 31, 2014. Council voted on the CSE vacancies. Kurz made a motion to appoint David Chapin, Barry Davis and Amy Cassidy to the CSE. The motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0 Council voted on the VLMDAC vacancies. Moffet made a motion to appoint Beth Slifer, Skip Thurnauer and Mia Vlaar to the VLMDAC. The motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 3 The sixth item on the agenda was the Ever Vail discussion. George Ruther, Community Development Director, presented four (4) Ever Vail development applications before the Council. He said on December 4, 2012, the Council continued Resolution No. 35, Series of 2012, to the December 18th meeting by unanimous vote and Ordinance Nos. 7, 8, and 9, Series of 2011, were approved upon first reading by a vote of 6-1-0, with Donovan opposed. This is to move forward with the next steps for the Ever Vail development. The subdivision is created, there is a rezoning and an amendment to the SDD which would take effect when the frontage road has been moved and final plat has been recorded within 5 years or by 2020. Res #35 approved the subdivision on the property and creates a new right-of-way. Staff requested action be taken on Resolution No. 35, Series of 2012 and the second readings of Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/unplatted (a complete legal description is available for inspection at the town’s Community Development Department. Ordinance No. 7, Series of 2011, was a request for a recommendation to the Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right-of-way/ unplatted. Ordinance No. 8, Series of 2011, was for a Special Development District Amendment. A request for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision. Ordinance No. 9, Series of 2011, was a request for an amendment to Title 12, Zoning Regulations, Vail Town Code, for prescribed regulation amendments, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. Ruther said changes to Resolution No. 35, included language addressing a series of issues that Eagle River Water and Sanitation District (ERWSD) had concerns about. These concerns were acknowledged and will be addressed at a future meeting. Ruther read into the record a portion of the Lionshead Redevelopment Master Plan, dated February 2, of 2012. “Per Section 5.17.3 Parking: As a commercial core, Ever Vail should be incorporated into the Town’s adopted commercial core parking areas, which allow for reduced 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 4 parking requirements due to proximity to mixed use development. Ever Vail shall meet the parking requirements of the Vail Town Code. The appropriate parking requirements for ski lifts and other potential land uses that do not have a specified parking requirement will be determined by the Planning and Environmental Commission (PEC).” He also read into the record, “Without including parking spaces required for the proposed gondola, as determined by the PEC, if any, Ever Vail shall include an additional 400 public parking spaces, as identified in section 4.1.5: West Lionshead – Residential/Mixed Use Hub. These spaces will address long-term public parking needs, including the Town’s goal to eliminate parking from the South Frontage Road as further detailed in Section 4.8.3.3b of this master plan. The construction of a portion of the additional 400 parking spaces should be explored by Vail Resorts and the Town of Vail, within Lionshead, in conjunction with the Ever Vail development.” The commercial core parking requirements will take effect when the ordinances take effect and the final plat is recorded. Alex Iskaderian, representing Vail Resorts, said he was there if the Council had any questions for them. Moffet made a motion to approve Resolution No. 35, Series of 2012, and the motion was seconded by Rogers. Foley said he was opposed and couldn’t support this resolution as it didn’t include the Red Sandstone area. Donovan stated she would not support the resolution or the ordinances as the proposed time frame has changed drastically. A vote was taken and the motion passed, 5-2, with Foley and Donovan opposed. Moffet made a motion to approve second reading of Ordinance No. 7, Series of 2011. The motion was seconded by Rogers. Foley stated he was in favor of approving the ordinances as they are building blocks for the future. Daly added the review of this project has been going on for over two years and has had over 80 public hearings, with a tremendous amount of research, this reflects the best that can be done at this time. A vote was taken and the motion passed, 6- 1, with Donovan opposed. Moffet made a motion to approve second reading of Ordinance No. 8, Series of 2011, and the motion was seconded by Rogers. A vote was taken and the motion passed 6-1, with Donovan opposed. Moffet made a motion to approve second reading of Ordinance No. 9, Series of 2011, and the motion was seconded by Rogers. A vote was taken and the motion passed, 6-1, with Donovan opposed. Moffet stated he would approve the ordinances based on the Lionshead Redevelopment Master Plan language Ruther read into the record. Ruther thanked Warren Campbell for his seven years of efforts on this project. He also thanked Vail Resorts for sticking through the long process. The seventh item on the agenda was a discussion of Amendment 64 concerning the retail sale, distribution, cultivation and dispensing of recreational marijuana. 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 5 Matt Mire, Town Attorney, stated this topic was posted on the town’s website since last Thursday. He said on November 6, 2012, the registered electors of the State of Colorado voted to adopt Amendment 64, an amendment to the Colorado Constitution authorizing the personal use and regulation of marijuana. Amendment 64 legalizes recreational marijuana use for persons over the age of 21 and creates a licensing structure for marijuana businesses. Amendment 64 has no effect on the state's medical marijuana regulations. It allows municipalities to prohibit retail from the municipalities, or adopt an ordinance allowing it. Mire stated there has been no official position taken from the federal government. His office has only seen ordinances banning retail stores and paraphernalia. He said if Vail is going to ban this, it has to be in place by July 1, 2013. Moffet asked if the town could apply any sales tax the town wanted. Kendra Carberry, stated the Vail electorate would have to vote on any sales tax. Moffet said the issue is the proximities of businesses to schools. Further discussion ensued. Daly said there is no rush and it would be wise to see what the state regulations are going to be before Vail takes this further. Mire said staff is already fielding questions. The Governor of Colorado has put together a taskforce. Kevin Bommer. a staff member of the Colorado Municipal League (CML), will be on the task force to help work on regulations. Paul Rondeau, a Vail resident, stated he is too old to think about marijuana. He said this was uncharted territory. He said the analogy out in the public is that this was going to be like liquor stores. He said historically, there were many gut-wrenching periods during prohibition and the beginnings of allowing alcohol. He said they will need to consider things such as driving under the influence, operating bikes, skateboards, skis and other conveyances. He said Vail is an international resort and Colorado will be a guinea pig. He stated the public needs to be educated on the subject, as well as issues with the hospital and mental health workers. He requested the town get help on this issue from the state task force. Donovan said she has heard throughout the Vail Village that this is not the image of Vail to have retail marijuana shops. Rogers stated 71% of Vail voters were in favor of Amendment 64. She said the Council’s role, as elected officials, is to follow what constituents want them to do. She said the town needs to be extremely cautious in regulating this. She said it is not her role to override 71% of the Vail citizens. This needs to be regulated and she doesn’t want to impose her personal view on what the voters wanted. She is happy to talk about zoning and regulations and not voting to ban it. Moffet asked if state says you can smoke pot in your home, does the town have a nuisance law. Mire said the town couldn’t use that regulation if they are in someone’s home. Mire said the town will need to revise the code to become current with state code. The town can ban the sales of paraphernalia, retail shops, etc. Mire will bring this back to the Council when more information from the state and the task force is received. The eighth item on the agenda was first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 6 The applicant requested Council table the public hearing of Ordinance No. 21, Series of 2012, to the January 8, 2013, Council meeting. Zemler asked that it be tabled to the January 15, 2012, public meeting because the Planning and Environmental Commission (PEC) won’t meet until January 12, 2013. Moffet made a motion to table Ordinance No. 21, Series of 2012, to the January 15, 2013, public meeting. The motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. The applicant requested Council table the public hearing of Ordinance No. 22, Series of 2012 to the January 8, 2013 public meeting. Zemler asked that this item be tabled to the January 15, 2013, public meeting as well. Moffet made a motion to table Ordinance No. 22, Series of 2012 to the January 15, 2013, public meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was second reading of Ordinance No. 23, Series of 2012, an Ordinance Approving a Franchise Agreement with Comcast of Colorado VI, LLC, for the Provision of Cable Services in the Town of Vail. Matt Mire, Town Attorney, stated Council approved first reading of this ordinance. He said the town and Comcast entered into a compliance agreement to resolve performance and technical issues. By July, 2012, the performance and technical issues were resolved and the compliance agreement was fully performed. Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years. All the changes from the previous meeting were reflected in the current agreement including public access fees to multiple residential units, Channel 5 change of times, how hours are counted and using electronic inserts for bills. Moffet made a motion to approve second reading of Ordinance No. 23, Series of 2012. The motion was seconded by Kurz. A vote was taken and the motion was passed unanimously, 7-0. The eleventh item on the agenda was the appointment of a local Newspaper of Record for 2013 for the town. Pam Brandmeyer, Assistant Town Manager, stated each year the town is required to appoint a newspaper of record for publishing of notices per state statute. The Vail Daily is currently the only daily newspaper that complies with state statute regulations for the Town of Vail notices. Foley made a motion to appoint the Vail Daily as the town’s newspaper of record for 2013. The motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. 1/15/2013 Town Council Meeting Minutes of December 18, 2012 Page 7 The twelfth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 7:05 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: Town Manager Report: ATTACHMENTS: Golden Peak Traffic information 1/15/2013 To: Vail Town Council From: Town Manager’s Office, Public Works Department, Vail Police Department Date: November 20, 2012 Subject: Vail Valley Drive Traffic I. SUMMARY The purpose of this memorandum is to provide a report on the actions which have resulted from refinements and a series of neighborhood meetings concerning traffic issues on Vail Valley Drive associated with the Golden Peak area. II. CHANGES AND COMMITMENTS FOR THE 2012-2013 SKI SEASON Three meetings were held with the neighborhood concerning Vail Valley Drive traffic. Issues brought up ranged from short term concerns to longer range issues. A final pre ski season meeting was held on November 1, 2012, and the following is a summary of the actions items and commitments by the various parties to be implemented this coming ski season. Town of Vail: • All pedestrian crosswalks along Vail Valley Drive will be marked with the cross walk signs, in addition to advance warning signs on either end of the neighborhood. Signs will be in place for the ski season. • Updated traffic counts will be taken during peak traffic times as a comparison to previous traffic counts the town has on record to provide a more up to date understanding of the traffic issues. • The Police Department will have one more Code Enforcement Officer position filled. In addition, a revised schedule for the Vail Police Department will have additional police officer coverage on Saturdays during the 2012-2012 ski season. • A Town of Vail Transportation Ordinance (Ordinance No. 15, Series of 2012, passed on second reading November 6, 2012) which requires all private vehicles providing transportation services to be registered and sets out where these vehicles can operate within the town will be adopted and implemented. This will allow better education and enforcement regarding issues with the providers. 1/15/2013 Town of Vail Page 2 Vail Resorts • DEVO(Vail Development Team) drop off will occur at the Vail Transportation Center exclusively. This will eliminate all traffic to Golden Peak for DEVO in the mornings. The DEVO pick up will still occur at Golden Peak; however due to many parents skiing down to pick up their kids, the pick up has been less of an issue. • There will be a limited amount of premiere reservation parking at the lots. This will be a service which utilizes both passport spaces in the rental pool, approximately 10-15, as well as utilizing 10 striped spaces which can be parked with 15 cars. The personnel operating the service will also be responsible to manage the parking lot per the Golden Peak Management Agreement. Manor Vail • Manor Vail will be utilizing two parking lot attendants to assist with moving traffic near their entry when parking is available to the public. Ski Club Vail • If needed Ski Club will experiment with running their driveway traffic in the opposite direction to lessen impacts to the Manor Vail entry. The traffic would enter the east drive cut and exit out of the west drive cut. All • Meet to review the season to date after the Martin Luther King holiday to evaluate the changes implemented. 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: The first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 5, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 5, 2013 Council meeting. 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: The first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 5, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 5, 2013 Council meeting. 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: First Reading of Ordinance No. 2, Series of 2013, An Ordinance Amending Section 6-3C-6 of the Vail Town Code to Reconcile the Vail Town Code with the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 2, Series of 2013. BACKGROUND: Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 2, Series of 2013. ATTACHMENTS: Ordinance No. 2, Series of 2013 1/15/2013 Ordinance No. 2, Series of 2013 ORDINANCE NO. 2 SERIES 2013 AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN CODE TO RECONCILE THE VAIL TOWN CODE WITH THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, Amendment 64 permits the possession, use, display, purchase or transportation of marijuana accessories and one ounce or less of marijuana by persons 21 years of age and older; WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3C-6 of the Vail Town Code is hereby amended to read as follows: 6-3C-6: Possession of Marijuana, Marijuana Products and Marijuana Accessories Cannabis: A. Definitionsed: "Cannabis" or MARIJUANA: includes all parts of the plant of the genus cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or its resin, including marijuana concentrate, but the term does not include industrial hemp, nor does it include shall not include the mature 1/15/2013 Ordinance No. 2, Series of 2013 stalks of said plant, fiber produced from its stalks, oil or cake made from the seeds of said plant, or any other compound or manufacture, salt, derivative, mixture, or preparation of its mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. MARIJUANA ACCESSORIES: Equipment, products, or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. OPENLY OR PUBLICLY: The consumption or growing of marijuana in a place commonly or usually open to or accessible by the general public, or to which members of the general public may resort, including without limitation public ways, streets, sidewalks, alleys, bicycle paths, trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but excluding the interior or enclosed yard area of private homes, residences, condominiums or apartments. For purposes of this Section, "openly or publicly" expressly includes the consumption or growing of marijuana in any place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. B. Unlawful Acts Designated: It is shall be unlawful: for any person to: 1. For any person to use, display, purchase, transport possess or transfer not more than one ounce of marijuana in the Town. cannabis, without documented legal authority to do so; or 2. For any person to possess, grow, process or transport in the Town more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants. A person may possess the marijuana produced by these plants, provided that such possession is limited to the premises where the plants were grown and further provided that the growing takes place in an enclosed locked space and is not conducted openly or publicly 1/15/2013 Ordinance No. 2, Series of 2013 or made available for sale. Openly and publicly display, consume or use not more than one ounce of cannabis. 3. For a person under the age of twenty-one (21) to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories anywhere in the Town. 4. For a person twenty-one (21) years of age or older to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories in the Town for any reason other than personal use. 5. For a person twenty-one (21) years of age or older to purchase on behalf of, transfer to, or otherwise assist a person under the age of twenty-one (21) in obtaining marijuana, marijuana products or marijuana accessories in the Town. 6. For any person to openly or publicly consume or grow marijuana or to consume marijuana in a manner that endangers others in the Town. C. Penalty: 1. Violations of this Section shall be punishable as set forth in Title 1, Chapter 4 of this Code. 2. It shall be an affirmative defense to a prosecution under this Section that a person is in possession of a valid registry identification card authorizing the medicinal use of marijuana issued by the State, so long as consumption or use does not occur in a public place. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 1/15/2013 Ordinance No. 2, Series of 2013 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of January, 2013 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2013. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: Ordinance No. 3, Series of 2013, An Emergency Ordinance Adopting a Temporary Ban on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section of Article XVIII of Colorado Constitution (Amendment 64) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments Emergency Ordinance No. 3, Series of 2013. BACKGROUND: Pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance". It is the desire of the Council that town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. The town staff needs sufficient time to gather information and study the effects of marijuana establishments and the zone districts in which they should be permitted, if at all. During such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to adopt a temporary ban on the location of marijuana establishments in the Town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the Town during the time that Town staff is studying the effects of such establishments and the proper location for such establishments, if they will be permitted in the Town. STAFF RECOMMENDATION: Approve, approve with amendments Emergency Ordinance No. 3, Series of 2013. ATTACHMENTS: Emergency Ordinance No. 3, Series of 2013 1/15/2013 1/10/2013 C:\PROGRAM FILES\EEVIA.COM\DOCCOVERTERPRO\TEMP\VDC\24B44A19-97A0-453A-B105- C08972B8E940\PDFCOVERT.4005.1.ORDIACE_O._3_-_EMERGECY_ORD_- _TEMPORARY_BA_OF_MMJ_ESTABLISHMETS.DOC 1 ORDINANCE NO. 3 SERIES 2013 AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance"; WHEREAS, it is the desire of the Town Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Town Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town staff needs sufficient time to gather information and study the effects of marijuana establishments and the zone districts in which they should be permitted, if at all; WHEREAS, during such time, the Vail Town Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to adopt a temporary ban on the location of marijuana establishments in the Town; and WHEREAS, the Town Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the Town during the time that Town staff is studying the effects of such establishments and the proper location for such establishments, if they will be permitted in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or 1/15/2013 1/10/2013 C:\PROGRAM FILES\EEVIA.COM\DOCCOVERTERPRO\TEMP\VDC\24B44A19-97A0-453A-B105- C08972B8E940\PDFCOVERT.4005.1.ORDIACE_O._3_-_EMERGECY_ORD_- _TEMPORARY_BA_OF_MMJ_ESTABLISHMETS.DOC 2 preparation of the plant, its seeds, or its resin, including marihuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. c. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect from its effective date until August 6, 2013 unless earlier repealed. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 1/15/2013 1/10/2013 C:\PROGRAM FILES\EEVIA.COM\DOCCOVERTERPRO\TEMP\VDC\24B44A19-97A0-453A-B105- C08972B8E940\PDFCOVERT.4005.1.ORDIACE_O._3_-_EMERGECY_ORD_- _TEMPORARY_BA_OF_MMJ_ESTABLISHMETS.DOC 3 Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the location of marijuana establishments in the Town prior to the time that Town staff has had an adequate opportunity to study the effects of such establishments and the proper location for such establishments, if they will be permitted, could cause irreparable harm to the Town and its residents and visitors. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 15th day of January, 2013. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: Ford Park Phase 2 Update. This update to the Council includes a status report of the Phase 1 Construction progress and schedule, the submittal to the Planning and Environmental Commission (PEC) of the Phase 2 Development Plan for Ford Park and a request by the Vail Valley Foundation (VVF) to proceed through the Development Plan process. PRESENTER(S): Todd Oppenheimer, Town Landscape Architect and Pedro Campos, Zehren and Assoc. ACTION REQUESTED OF COUNCIL: Staff requests the Council provide comments on the Ford Park Phase 2 Development Plan submittal to the PEC and grant permission to the Vail Valley Foundation to proceed through the development process. BACKGROUND: Please refer to the attached memorandum. STAFF RECOMMENDATION: Please refer to the attached memorandum. ATTACHMENTS: Ford Park Phase 2 images TC Ford Park Phase 2 Memoradum 1/15/2013 ARCHITECTUREPLANNINGINTERIORSLANDSCAPE ARCHITECTUREAND ASSOCIATES, INC..(970) 949-0257 F.(970)949-1080 www.zehren.com PO Box 1976,Avon, ColoradoZ E H R E N FORD PARK Phase 2 Improvements - Preliminary for Discussion 01-15-13 0 20’ 40’60’80’ SCALE: 1” = 20’-0” Conceptual Site Plan Gerald R.Gerald R. Ford AmphitheaterFord Amphitheater Ford Park Ford Park ‘Commons’ ‘Commons’ Open Lawn AreaOpen Lawn Area Arrival Arrival MonumentMonument BFAG BFAG Education Education CenterCenter Gore Creek Gore Creek Gore Creek Gore Creek Betty FordBetty Ford Alpine GardensAlpine Gardens(BFAG) (BFAG) TerracedTerracedLawnLawn Seating Seating Nature Nature CenterCenterBridgeBridge Manor Vail Manor Vail Covered Covered BridgeBridge InterpretiveInterpretiveNatureNatureTrailTrail SocialSocial CourtyardCourtyard EntryEntry BFAG BFAG GateGate ArtArt Display Display ZoneZone Children’sChildren’sGardenGarden Box Box OfficeOffice East East Betty FordBetty FordWayWay Betty FordBetty FordWayWay MorolesMoroles “Granite Garden’\“Granite Garden’\SculptureSculpture Slope and Slope and Riparian Riparian RestorationRestoration WestWest Betty FordBetty FordWayWay Ford Park Ford Park PlaygroundPlayground New Restrooms / New Restrooms / Picnic ShelterPicnic Shelter New New Swings (4)Swings (4) Ford Park Ford Park Recreation FieldsRecreation Fields Existing Existing Picnic ShelterPicnic Shelter ArtArt Display Display ZoneZone ExitExit AIPPAIPP CottageCottage EnhancedEnhanced EnhancedEnhanced LandscapingLandscaping EnhancedEnhanced LandscapingLandscaping InterpretiveInterpretiveNatureNatureTrailTrail StageStage Ford Ford TributeTribute Preservation Zone Preservation Zone (below line) (below line) 1/15/2013 ARCHITECTUREPLANNINGINTERIORSLANDSCAPE ARCHITECTUREAND ASSOCIATES, INC..(970) 949-0257 F.(970)949-1080 www.zehren.com PO Box 1976,Avon, ColoradoZ E H R E N FORD PARK Phase 2 Improvements - Preliminary for Discussion 01-15-13 FORD TRIBUTE Tribute Wall and Symbolic Element within Social Courtyard Bird’s Eye View Concept Sketch 1/15/2013 To: Vail Town Council From: Public Works Department Date: January 15, 2013 Subject: Ford Park Phase 2 Update I. SUMMARY This update to the Town Council includes a status report of the Phase 1 Construction progress and schedule, the submittal to the Planning and Environmental Commission (PEC) of the Phase 2 Development Plan for Ford Park, and a request by the Vail Valley Foundation (VVF) to proceed through the Development Plan process. Attached are some general images representing the intent of the submittal that will be made to the Planning and Environmental Commission (PEC) and subsequently the Design Review Board (DRB). Staff is requesting that the council comment on the content of the submittal rather than on the specific designs. II. BACKGROUND The Ford Park Management Plan Update was approved by the PEC on April 9, 2012 and adopted by resolution of the Town Council on April 17, 2012. The Ford Park Phase 1 Development Plan and Conditional Use Permit were approved by the PEC on May 21, 2012. The Ford Park Phase 1 Development Plan included items of the adopted Management Plan Update funded by Conference Center funds, RETT funds, and Vail Valley Foundation contributions. These include the following: 1. Athletic field realignment 2. New restroom/concession building 3. New restroom/maintenance building 4. Outfield retaining wall 5. Improvements to West Betty Ford Way 6. Improvements to East Betty Ford Way 7. Improvements to parking and drop areas 8. Lighting and electrical upgrades 9. Regrading of the lawn seating in the Gerald R. Ford Amphitheater 10. New restrooms at the east gate of the Gerald R. Ford Amphitheater 1/15/2013 Town of Vail Page 2 Construction of Phase 1 improvements began on September 4, 2012 and is scheduled for completion on June 3, 2013. Phase 1 Improvements currently under construction include the following: 1. East Betty Ford Way retaining wall, widening and pavement upgrade 2. West Betty Ford Way pavement upgrade 3. East sport field restroom and concessions building 4. West sport field restroom and maintenance building 5. Outfield retaining wall 6. East Ford Amphitheater restroom 7. Ford Amphitheater lawn seating 8. Utility upgrades Phase 1 Improvements are on schedule for a May 31st substantial completion date and a June 3rd completion. The restrooms are later than originally planned, but had 60-75 days of float in the schedule. The civil work, which was always the critical path remains the critical path, and is on target. III. FORD PARK PHASE 1 COMPLETION The remaining Phase 1 Improvements to be constructed beginning in September 2013 includes the following: 1. Sport field realignment (natural turf with synthetic infields) 2. Improvements to parking and drop areas 3. Trash and recycle building 4. Lighting and electrical upgrades Staff is working with the general contractor on a specific construction schedule for these items. Generally the improvements will begin immediately after Labor Day, 2013 and be completed by the beginning of June 2014. The sport fields will remain closed to ensure complete establishment of the sod until September 2014 depending on weather conditions. The synthetic turf infields is an issue that requires additional discussion with the Council. Staff will prepare an information packet for presentation at the next Council session. IV. FORD PARK PHASE 2 DEVELOPMENT PLAN MAKE-UP Staff and a team of consultants have begun preparations to submit the Ford Park Phase 2 Development on behalf of the Town Council as property owner. The Ford Park Phase 2 Development Plan includes items of the adopted Management Plan Update funded by Conference Center funds, RETT funds, and Vail Valley Foundation and Betty Ford Alpine Gardens contributions. These include the following: 1. Vail Valley Foundation a. GRFA Covered Social Courtyard b. GRFA Box Office Improvements 1/15/2013 Town of Vail Page 3 c. Ford Family Tribute d. Improvements to Betty Ford Way e. Expanded garden spaces 2. Betty Ford Alpine Gardens a. Education Center b. Gore Creek riparian restoration/interpretation 3. Town of Vail a. Replace and upgrade playground restroom and picnic shelter b. AIPP Summer and/or permanent exhibit spaces There are projects related to those discussed that could be part of the Ford Park lower bench efforts but are not currently in scope of work. The Council could provide direction in regards to the inclusion of these projects in the Development Plan. These include the following. 1. Improvement of AIPP cottage in coordination with Betty Ford Way enhancements. 2. Improvement of historical Picnic Shelter. 3. Historical interpretative signage associated with both above, and Ford Park history – ranch, etc. The design and construction of new entry portals to Ford Park are still anticipated and will be coordinated as a separate but concurrent project through the Art in Public Places program. The design of the portals will occur in 2013 with construction scheduled for 2014. Staff has scheduled a public open house for February 5, 2013 to inform the public and answer questions regarding the continuing improvements to Ford Park. The open house will be held in the Municipal Building hallway between the Town Council work session and regular meeting. V. VAIL VALLEY FOUNDATION REQUEST The VVF has been a partner in the improvements to Ford Park since the inception of the Conference Center Fund discussion. The VVF has raised funds and has committed to the construction of several of the improvements included in the Phase 1 and Phase 2 Development Plans. These include the restroom, ticketing, and lawn seating improvements at the Ford Amphitheater as well as the design and construction of the new covered social courtyard and aesthetic improvements to Betty Ford Way. The improvements have been well vetted with the Council and the community. A question has arisen as to whether the VVF has requested or been granted permission by the Council to proceed through the Development Plan process with improvements on Town of Vail property. As a house keeping measure the VVF formally requests permission to design and construct the following Phase 2 Development Plan projects: 1. GRFA Covered Social Courtyard 2. GRFA Box Office Improvements 1/15/2013 Town of Vail Page 4 3. Ford Family Tribute 4. Improvements to Betty Ford Way 5. Expanded garden spaces VI. FORD PARK SCHEDULE AND BUDGET Following is the anticipated overall schedule for design, approval and construction of the Ford Park Phase 2 Improvements. While this schedule may seem aggressive much of the preliminary work has been accomplished in the Management Plan Update and subsequent discussions. Public Open House February 5, 2013 PEC Work session February 11, 2013 (Jan. 14, submittal) DRB Work session February 20, 2013 (Jan. 28, submittal) PEC Final Review February 25, 2013 (Feb. 18, submittal) DRB Final Review March 6, 2013 (Feb. 27, submittal) 80% Documents April 12, 2013 Bidding Documents June 1, 2013 Phase 2 construction September 3, 2013 Construction complete June 2014 (TBD) Sport fields open September 2014 The budget for improvements to Ford Park is as follows. Conference Center Fund $3.8 M RETT Fund $2.5 M Additional RETT Allocation (June 2012) $1.2 M Total Budget $7.5 M The Town is committed to a contribution of $2.1 M match of Conference Center Fund dollars to fund improvements to the amphitheater. There is an additional $370 K in RETT Funds allocated to the reconstruction of the playground restroom building. These funds are not included in the Ford Park budget discussion outlined above. To date approximately $5.4 M has been spent or is under contract for design, approvals and construction of Phase 1 improvements. Staff will provide updated cost estimates based on updated construction drawings for Phase 2 improvements in May 2013. VI. ACTION REQUESTED BY COUNCIL Staff is asking the Town Council to provide comments in reaction to the Ford Park Phase 2 Development Plan submittal and to grant permission to the Vail Valley Foundation to proceed through the development plan process. 1/15/2013 Town of Vail Page 5 1/15/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 15, 2013 ITEM/TOPIC: Adjournment (7:35 p.m.) 1/15/2013