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HomeMy WebLinkAbout2012-12-18 Town Council MinutesVail 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. Town Council Meeting Minutes of December 18, 2012 Page 1 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. Town Council Meeting Minutes of December 18, 2012 Page 2 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 rig ht-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 Town Council Meeting Minutes of December 18, 2012 Page 3 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. Town Council Meeting Minutes of December 18, 2012 Page 4 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 12-813-7, 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. Town Council Meeting Minutes of December 18, 2012 Page 5 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 14, 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. Town Council Meeting Minutes of December 18, 2012 Page 6 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. Resp Ily Submitted, Attest: Andrew P. Daly, May C/ r o�lei onaldson, Town Clerk Town Council Meeting Minutes of December 18, 2012 Page 7