HomeMy WebLinkAbout2013-06-18 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, June 18, 2013
6.00 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 Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz
Kerry Donovan
Kevin Foley
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Jonathan Levine approached about
scheduling a meeting on the past winter's approach to licensing all commercial transit
vehicles and was told it would be held at some time in the future. Jim Lamont stated some
traffic concerns with the water district's construction project on Potato Patch Drive. A
meeting with the contractor, the district and the town is scheduled for June 24.
The second item on the agenda was Consent Agenda.
1) Holy Cross Energy Utility Easement to power to the ATT tower sites located at
Public Works: Council had no questions about the first item.
2) MOU State Digital Trunked Radio System. Daly said he assumed this was done
through Dispatch, so the costs would be shared with all user groups. Dwight
Henninger, Police Chief, said there would be no costs to the town as long as the
agreement was signed for a 5 year commitment. Kurz moved to approve the
Consent Agenda, with a second from Donovan. A vote was taken and motion
passed unanimously, 6-0.
The third item on the agenda was Town Manager Report. Stan Zemler, Town Manager,
asked the Community Development Director, George Ruther, to present information about
stream tract signs that are currently being placed along the corridor to show the delineation
of the town's stream tract. In a memo presented to Council, Ruther outlined the public
outreach underway to publicize this public initiative. In an attempt to clarify the boundaries,
60 signs have been strategically placed. As this work was being conducted, another 20
properties were found to be in violation of encroachment onto public right-of-way. In this
effort, Ruther said town staff had erred on the public's side of the encroachment, in an
attempt not to be punitive in any manner. Signs are informational and have been
Town Council Meeting Minutes of June 18, 2013 Page 1
strategically set. Multiple letters have been sent to adjacents about protection of this
riparian corridor and the need to stop detrimental practices.
Henninger also indicated that as the community gears up for another wildland fire summer,
key staff had attended a FEMA organized table top exercise for several days the week prior.
The fourth item on the agenda was dismount zones Vail Village. Chief Henninger
introduced the topic, stating this had been added to the evening public hearing in order to
allow public discussion. He said it was possible to put a dismount policy together, just as
the town has done for parking, skate boards and other uses of the public right-of-way.
Rogers said Council had received a fair amount of a -mails on the topic, with the vast
majority in opposition to them. Especially in a pedestrian community where the town is
encouraging walking and biking, this does not make sense. It is the wrong solution for a
very narrow problem. Bike shops are making a living off renting bikes so it's a part of our
economy.
Henninger said people may be more afraid of the down mountain bikes that can look
fearsome, are noisy and sometimes are traveling too fast as they come off the mountain.
Daly said the town should avoid mandatory dismount zones. Instead signs during peak
times could be a better remedy and reminder. Henninger encouraged Council to allow the
Event Review Committee (ERC) the ability to make a discretionary call on when these signs
might be posted. Kurz agreed with both Rogers and Daly's comments. Tjossem said to
use caution with a proliferation of signs, which just seem to add clutter.
Moffet said there's really a greater issue on Bridge Street but there's just no way to regulate
it out. Staff should be asked to suggest to people that they slow down and to exercise
common sense. Donovan said to do nothing. Daly summed up the discussion by saying
Council seemed to agree on posting no signs, while urging the police to talk to unsafe
riders.
Under public discussion, Jonathan Levine observed older people seemed to be more out of
control. Self regulation works well. Tom Neyens thanked the Council saying biking was a
big part of what we do. He suggested Council might consider a "slow zone" on town maps
and to enforce the rules that are currently in place. A little more enforcement would be
good. Dawes Wilson, who has been commuting through the Village for over 30 years, said
many bikers use a bell. He suggested people are more scared of those carrying skis. He
said the Village was also a safe area for kids to ride. Erik Brofos agreed with all of the
public comment and said permanent dismount zones were not the solution.
Daly concluded by saying no posting of signs would occur; however, if someone is not
riding respectfully, Police contact is appropriate and will occur.
The fifth item on the agenda was RAMP & Lionshead Landscaping Medians Update and
available TIF funding. Town Engineer Tom Kassmel told Council this presentation would
detail funding matches for projects with Colorado Department of Revenue (CDOT) that
would not preclude future projects. He started with the first project, Simba Run, that would
provide a third option for crossing the interstate. This project has been discussed since the
early 1990's and is referenced in numerous Vail master plans and transportation related
Town Council Meeting Minutes of June 18, 2013 Page 2
documents, including the 1-70 PEIS. It would provide connectivity between the North and
South Frontage Roads for vehicles, pedestrians, bicycles and transit operations.
The total cost submitted for RAMP funding is $20.6M. In order to provide the best chance
of success in the selection process, the town has submitted a match of $6.0 M or 29% to be
funded by Vail Reinvestment Authority (VRA) and Tax Increment Funding (TIF) dollars.
Kassmel stated that currently a feasibility study is underway, a public meeting will be held in
August, as well as further meetings with Council. This project has been studied extensively.
Donovan asked if the town really needs this. She said it had originally started out as just a
pedestrian and bike path need, but now has been expanded to include an express bus
option. Kassmel replied that currently the red and green feeder lines provide service for
outlying areas. This could provide a more direct connection from West Vail and Timber
Ridge to Ever Vail.
Daly asked how this would further address the degradation of the town's roundabouts.
Kassmel said studies show this could eliminate up to 300 vehicle trips at Main Vail and 250
at West Vail. Donovan said this is a huge construction project, which would impact the
entire community. The level of impact makes it undoable. Moffet asked if this connection
would extend the useful life of the roundabouts, to which Kassmel said this will be impacted
by the pace of development. It would put the town ahead of the game.
Rogers said she would be willing to support the project, but only if the CDOT match falls
into place, with $14M coming from the state and $6M from the town. Kassmel said this is a
part of CDOT's long term plan to provide relief to congestion in the town. Donovan stated
Council had to give a yay or nay at this meeting but $6M could not be justified. It's a huge
number. Kurz said he was in favor, as was Tjossem, citing the benefit of connectivity
between neighborhoods. Moffet agreed. A vote was taken and it passed 5-1, Donovan
opposed.
The next item up for consideration was the Frontage Road Improvements. The submitted
total project is $23.3.M, of which, $4.6M has already been constructed by the town in the
form of widened bike lanes and shoulders over the past few years, and $5.OM is currently in
the town's budget from TIF and RETT for additional improvements over the next couple of
years, thus totaling an available town match of $9.6M or 46%. The town's improvements
reflect current CDOT standards for structural overlay. If the town should ever take over the
Frontage Roads, needed capital expenditures would already have been made.
Donovan said she thought Council had been pretty clear they did not want to keep adding
asphalt. She does not support turn lanes, and the community doesn't want them either.
Rogers said as long as medians were included, she was in favor of it. Kassmel stated the
project from the Lionshead Parking Structure to the Ritz would have medians. Council will
determine others. Also, if the town takes the Frontage Roads, Council would determine turn
lanes. Tjossem said she agreed with Donovan on this project, given it would add more
urbanization. Kurz disagreed, saying traffic is not going to lessen and these guidelines are
in the town's best interest. Where we can do it, we should. Rogers said if the town uses
CDOT's money, the town can pay for medians. It's worth the investment. Moffet said they
Town Council Meeting Minutes of June 18, 2013 Page 3
were already defacto lanes, they were already there. It is a moot point. A vote was taken
and it passed 4-2, Donovan and Tjossem opposed.
The East Vail Water Quality project was next, with Kassmel stating this was already
identified in the Gore Creek Water Quality Improvement Plan and was an ideal project to
partner with CDOT. As a result of the Gore Creek listing on the 303D list, this project will
catch traction sand and will be a detention area for snow. The total price for the project is
$1.14M, with the town submitting a match of $440 thousand or a 39% match to be funded
by the existing Water Quality Improvement Budget. A vote was taken and it passed
unanimously, 6-0.
The final project was the Lionshead Landscape Medians to enhance the South Frontage
Road from the Lionshead Parking Structure entry west to Vail Spa. This project is
estimated at $1 M, which could be paid by the VRA with TIF dollars if the RAMP funding is
not approved. Because this project doubles the amount of landscape medians in the town,
increased maintenance and operation costs for irrigation, landscaping and snow removal
would need to be considered in future budgets. Kassmel said a final CDOT decision would
be made in September of this year. He said planning would cost around $100K and could
come from savings from Lionshead projects. Kassmel said beyond 2017 revenue continues
to be collected through 2030, with projected total collections adding another $38M which
can be spent on other Lionshead TIF district capital projects. A vote was taken that passed
unanimously, 6-0.
The sixth item on the agenda Ordinance No. 8, Series of 2013 An Emergency Ordinance
Adopting a Temporary Moratorium of the Processing and Approval of all Business and Land
Use Application for Private Ski Club Uses within the Town. Community Development
Director George Ruther reminded Council of the horizontal zoning structure that allows uses
according to stories of buildings. In this case, it had been determined that the proposed
Private Ski Club uses were similar to a cocktail lounge or bar and eating establishments.
His department has received numerous inquiries about spaces in both Vail Village and
Lionshead. Staff is recommending a moratorium for up to 6 months so staff, the Planning
and Environmental Commission (PEC) and Council have adequate time to review how
these uses would impact the town's development objectives.
The original intent was to allow ski storage in less desirable retail spaces. There is no
doubt this is a highly desirable use and guest service amenity, but it should also be
beneficial to development objectives. Once the impacts are identified, the ordinance can be
repealed. Donovan said this would result in a pretty awkward timeframe, December. Town
Attorney Matt Mire said the standard is 6 months for a moratorium. Ruther said if a shorter
time was approved, they may have to extend it anyway to buy some more time.
Under Public Comment, Jim Lamont, Vail Homeowner's Association, said vehicular traffic
would need to be considered once a similar use is established. He said to be careful with
the process, and perhaps this should be looked at through the neighborhood's
consideration of whether this is an improvement. As an example, he said Founders Plaza
drop off has created a unique traffic situation for both drop off and pick up. It might allow for
a greater variety of use on the second floor.
Town Council Meeting Minutes of June 18, 2013 Page 4
Dominic Mauriello, Planning Consultant for the applicant, said it sounded as if a decision
had already been made and this needed public debate. It also suggests this is a negative
use. He said a 6 month moratorium really meant a year -and -a -half delay.
Lance Thompson with Four Seasons said to be careful with this slippery slope because it is
so very important to Four Seasons operations and guest services. It is fortunate that it
works so well for their operation and that we should not get trapped in this conversation.
Tom Neyens said he's has run a ski storage operation successfully from a basement space
for 23 years. There is plenty of space available in both villages. It's the easiest way for the
landlord to make money, but if approved, the town will continue to lose good retail space
and sales tax.
Tjossem questioned whether the review process would really take 6 months and this was a
discussion about service versus retail. Ruther said it might not take 6 months, but if the
preponderance of space is going to ski storage, there's not much of an argument to support
this is a use by right for a cocktail lounge and bar. It is a valued amenity to store skis in a
convenient location. Moffet said this policy is explicitly displacing established development
objectives and he's not comfortable with allowing more. Originally, there were substantial
"club" requirements. Kurz agreed with Moffet, stating this was necessary at this time and
could potentially change the character of the village. Daly suggested Council explore
what's been successful and what has not. Ruther clarified any modifications would not
affect existing "clubs," although review of the interiors and use allocations would most likely
occur. Rogers said this would be a difficult thing to quantify, since members of these
"clubs" are most definitely spending money in the Village.
Moffet moved to approve, including Rogers removal suggestion in the second to last
"whereas" clause the wording "the operation of, and," with a second from Kurz. A vote was
taken and the motion passed unanimously, 6-0.
The seventh an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
Design Review Board's approval, with conditions, of a design review application for minor
exterior alterations to expand storefront windows at 158 Gore Creek Drive Unit 132/1-ots A,
B, and C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Ruther
introduced the item stating the Vail Town Council appealed (called up) the approval of
DRB130090 by the Design Review board. The application had been to expand the
storefront windows of the Gore Creek Gallery and Books store. Ruther said the question to
be answered was if the Vail Village Master Plan and the Vail Village Design Considerations
were properly applied in the decision to allow exterior alterations to the storefront at 158
Gore Creek Drive Unit 132. He said it had not been just dumb luck when the knee wall
requirement was put in place to preclude any ground floor to ceiling windows, in that it
helped keep the character of the Village in tact. Abandoning the tradition of knee walls (18
to 24 inch base walls) will foster a new, intractable direction for the character of the Vail
Village and a departure from the governing documents. This review should underscore the
aim to preserve the Village's character and prevent its degradation.
Staff is recommending the Council approve, approve with modifications or oppose the
DRB's ruling.
Town Council Meeting Minutes of June 18, 2013 Page 5
Moffet suggested there could be no solution at this meeting and the wisest course would be
to approve with modifications so the staff and applicant could work together to come up with
a compromise. Tjossem asked if they went that direction, how could they send this
message to the DRB. Her concern was whether approval with modifications sent a strong
enough message to the DRB.
Dominic Mauriello, Planning Consultant for the applicant, said the actual town guidelines do
require interpretation. The applicant is adding just 15 inches of additional glass, and the
guidelines were originally intended for the buildings themselves, not the storefronts. This
particular location is somewhat set back from the pedestrian flow and variety helps traffic. A
lot of what's included in the plans and guidelines speaks to exceptions.
Daly noted on their site visit earlier in the day he had seen some uniformity among the
storefronts. Mauriello said the guidelines were written in 1980 and not every policy would
work for every store front. He asked Council to uphold the DRB decision because this
application was appropriate and transparent for a smaller storefront.
Donovan asked for the total height of the window, to which Ruther said 7 feet, 7 inches. He
said the guidelines gave a notion of variety, color, trim and merchandizing. If Council
reflected on Tom Braun's previous presentation on preservation, he spoke to identifying
distinctions in the guidelines that create that character. Mauriello said the policy may need
to change. Ruther asked what didn't work. Ruther said the floor to ceiling doors in
Mountain Standard and other restaurants as Mauriello had named were in place to provide
record doors that allow both an indoor and outdoor experience. He also noted Solaris is
outside the guideline area, although many of Mauriello's examples were at that location.
Moffet noted the site visit had been quite instructive. While it may be quaint, it "aint" broken.
He moved to approve the application with modifications and the condition the double doors
should stay. Donovan seconded with a further clarification this motion allows the applicant
and staff to work out a suitable solution. A voted was taken and passed unanimously, 6-0.
The eighth item on the agenda was an update regarding recent legislation concerning the
regulation of the retail sale of recreational marijuana, which is now referred to as "adult use
marijuana." House Bill 13-1317 ("HB 1317") set forth the licensing structure, House Bill 13-
1318 ("HB 1318") addresses taxation and Senate Bill 13-283 ("SB 283") addresses
miscellaneous provisions in the Colorado Revised Statutes concerning marijuana use. Mire
introduced the item as the regulation of retail sale of recreational marijuana, which is now
referred to as "adult use marijuana." By October 1, 2013, all local jurisdictions are required
to either prohibit retail marijuana sales or adopt an ordinance identifying the entity with the
town that will be responsible for processing applications. He also noted if the Department of
Revenue (DOR) fails to adopt regulations by July 1, 2013, or fails to process and issue
licenses as dictated in HB 1317, applicants are entitled to apply directly to the town for
licensure unless the town has adopted an ordinance prohibiting the retail sale of marijuana.
The town needs to decide if it wishes to get into this business. Sales tax would apply and
they could also add an excise tax. The current Council imposed moratorium ends August 6 ,
Town Council Meeting Minutes of June 18, 2013 Page 6
2013, so Council needs to have something in place. If Council bans marijuana now, it can
end at any time. Another possibility is it could be kicked back to the electorate for a vote.
Rogers asked if the medical marijuana operation had to be located within the town. Mire
said yes. Brian Rogers, who runs an operation in Breckenridge, stated he had an opinion
from his attorney that an outside operation could apply within the Town of Vail, but given the
Council had not yet weighed in and vetted the issue, he would defer his comments. Mire
said he would re -check his information.
Jim Lamont said because of the complexity of this issue, Council should allow the public to
vote. He believes on a grass roots level, people are really looking at this differently. He
also suggested getting input from our Mexican and international guests. Daly asked what
the Vail Homeowner's Association stand was. He asked if Lamont was suggesting what
Council decides could define national policy. Lamont said there were many powerful people
here and this could have a larger ripple effect.
Rogers said marijuana should be legally regulated and taxed. It was overwhelmingly
approved by Vail voters and countywide. Why fight it. Regulations and taxation were the
next issues at which Council should be looking. She would be opposed to any motion
contrary to what the people of Vail directed. Moffet said he was inclined to agree with
Rogers, since otherwise we will be encouraging people to drive outside of town. He is
inclined without committing.
Kurz is conflicted because he saw a lot of 18 to 24 year olds voting on this issue. He does
not agree it was an overwhelming vote. Donovan said she was a big, fat "maybe." More
questions have been raised by the memo. The weight of enforcement is an issue, as well
as the perception Colorado has become the pot head state. She would like to wait for the
state to enact guidelines. She's in favor of the moratorium because we'll be regulating
something that's very, very, gray. Vail has an international reputation and is this what we
want to have as a part of our brand. There were many varied motivations for 64. She
would like to revisit it in a year or a year -and -a -half. We don't want to be a test community.
Daly wanted to delay making a decision since there's still no ruling from the feds. The town
has long-standing relationships with our international guests. He suggested extending the
moratorium until January 1, 2014. A vote was taken and it was approved by 4-2 (Rogers
and Moffet opposed). Rogers said she was OK with extending the moratorium to this date
and would like to see it added to the July 2 agenda. Mire said the town has already cleaned
up its code to coincide with the state.
The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's approval, with
conditions, of a development review application for the review of a variance from Section
12-713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17 Variances, Vail Town
Code, to allow for the review of a major exterior alteration or modification, pursuant to
Section 12-713-7, Exterior Alterations and Modification, Vail Town Code, to allow for the
construction of additions, located at 225 Wall Street/Lot B, Block 5C, Vail Village Filing 1,
and setting forth details in regard thereto. Moffet moved to table the item at the applicant's
Town Council Meeting Minutes of June 18, 2013 Page 7
request to the July 2 meeting, with a second from Donovan. A vote was taken and the
motion passed unanimously, 6-0.
Ruther reminded Council of a joint meeting this Friday, June 21, hosted by the Vail Valley
Medical Center and the town to specifically discuss the helicopter placement. It is
scheduled from 12:30 to 2:00 p.m. at The Grand View and light refreshments will be served.
The tenth item on the agenda was Adjournment. There being no further business, Moffet
moved, with a second from Donovan, to adjourn the meeting. The motion passed
unanimously, 6-0.
Respectfully Submitted,
Attest:
Andrew P. Daly, Mayor
::3
Pam Brandmeyer, Assiskint Town Manager
Town Council Meeting Minutes of June 18, 2013 Page 8