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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