HomeMy WebLinkAbout2013-07-02 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 2, 2013
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
Ludwig Kurz
Kerry Donovan
Kevin Foley
Margaret Rogers
Susie Tjossem
Absent: Greg Moffet
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
The first item on the agenda was Citizen Participation. There was none. Daly gave
condolences to the Moffet family due to a death in the family. Donovan thanked Lauren
Glendenning, reporter for the Vail Daily, for the reporting she has done concerning the
Town of Vail. Donovan stated Glendenning has a new position and will be working at
Colorado Media's office in Gypsum.
The second item on the agenda was Consent Agenda.
1) On the approval of the June 4 Council minutes, Foley made some minor
administrative changes. Kurz moved, with a second from Rogers, to approve the
minutes with these corrections. A vote was taken and the motion passed
unanimously, 6-0. On the June 18 minutes, Foley again suggested a couple minor
administrative corrections. Donovan moved, with a second from Kurz, to approve
these minutes given Foley's corrections. With Foley abstaining since he did not
attend that meeting, a vote was taken and the motion passed 5-0-1 (Foley
abstaining).
The third item on the agenda was the Town Manager Report. Stan Zemler, Town Manager,
informed Council about a legal agreement with the Vail Valley Foundation, which gives the
Foundation until 2017 to pay back the town for the Ford Amphitheater improvements. Daly
requested Council have an opportunity to review the $1 Million repayment agreement.
Zemler, asked the Chief of Police, Dwight Henninger, to provide Council with a recap of the
first season since the Vail Passen4er Transportation Ordinance passed. Henninger stated
over 500 operating permits have been issued, generating $17,000.00 in revenue for the
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town. The Police Department hosted a meeting in January with the private transportation
carriers to hear their concerns and suggestions for improvements. Henninger stated his
department will look at implementing some of those ideas for the 2013 October kickoff, such
as smaller sized permits. No changes to the ordinance are recommended.
The fourth item on the agenda was Eagle River Water & Sanitation District (ERWSD) water
supply update. Diane Johnson, with ERW&SD, provided a water supply outlook to Council
comparing the drought intensity of this year to last year for the State and County. Last year
Eagle County's drought intensity was at a D2 and D3 level and there was no rain from May
24 — July 2, 2012, On April 23, 2013, Eagle County's drought scale intensity was reduced
to a D2 (moderate) due to the snowpack level being 75% normal in April. The Gore Creek
is currently running at 278 CFS, 94% of normal and the Eagle River streamflow is 603 CFS
at 65% normal. The three water supply priorities are: Public Safety and Health; Local
Economy; and Reliability of the Public Water System Operations. The water is managed by
the implementation of water use regulations such as every other day water schedules and
no watering on Mondays or in the middle of the day. Johnson stated there has been great
cooperation from the town and others with irrigation permits and other water use
coordination.
Foley asked for an update on the Potato Patch utility project from fellow council members
who reside in that area. Rogers gave kudos to the flagging crew for their work and also
stated she has heard concerns from neighbors about possible road damage being caused
by the heavy equipment. Daly requested water trucks on the weekend making a couple
passes to help with keeping the dust down.
The fifth item on the agenda Ordinance No. 9, Series of 2013 An Ordinance Extending the
Temporary Band on Marijuana Establishments in the Town, Pursuant to the Newly Enacted
Section 16 of Article XVIII of Colorado Constitution (Amendment 64). Town Attorney, Matt
Mire, explained the ordinance Council passed in January, which temporarily bans marijuana
establishments within the Town of Vail, expires on August 6, 2013. Ordinance No. 9,
extends the temporary ban until January 21, 2014.
Town Attorney Matt Mire presented the ordinance, based on previous direction from the
Town Council. The moratorium extending the temporary ban on Marijuana establishments
in the town would run until January 21, 2014. He said the Colorado Department of Revenue
had just issued its temporary guidelines, so this would provide time for Council to work
through these regulations. Rogers was concerned that the final "whereas clause," reading:
"during such time, the Council finds and determines that it is in the best interest of the public
health, safety and welfare for the town to extend the temporary ban on the location or
operation of marijuana establishments in the Town until January 21, 2014," in that it did not
prohibit the filing of applications. Donovan asked whether the question of someone not
already operating in the town could transition to this license. Mire clarified if you are
currently operating now, you could apply to transition to recreational marijuana, although
attorneys across the state, as reflected in the recent Colorado Municipal League
conference, hold varying opinions. Donovan asked that perhaps we use some of the public
space we have in the Vail Daily to start clarifying these new uses, since there is
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considerable misunderstanding across the town. Tjossem said the Vail Local Marketing
District Advisory Council had a recent discussion on how exactly to craft that message.
Rogers asked if people could sell adult use marijuana on January 1, 2014. Mire replied that
it's currently legal for adults 21 years of age to buy marijuana in the State of Colorado, but
this ordinance would allow staff time to review the State's upcoming regulations and the
potential impacts to the town. Donovan requested a bullet point outlining Amendment 64,
for citizen awareness. Tjossem suggested Vail Resorts join the conversation as the town
considers how to address Amendment 64, as it affects their brand too. Foley moved, with a
second from Kurz, to pass Ordinance No. 9, Series of 2013; with Rogers clause change, on
first reading. A vote was taken and the motion passed unanimously, 6-0.
The sixth item on the agenda was the Lionshead Parking Structure Entry Improvements.
Tom Kassmel, Town Engineer, and Pedro Campos, with tehren and Associates, provided a
PowerPoint to Council presenting two options for the 2014 entry improvements to the
Lionshead Parking Structure. There are currently three primary operational issues:
transaction rates and equipment, Frontage Road traffic flow and a circuitous route to exit
and layout.
Option 1 is to separate and offset the entry and exit lanes which will eliminate confusion and
increase vehicular queue capacity. This would widen the entry/exit plaza to accommodate
more vehicles and to add one additional lane to provide three entry and three exit lanes.
Also by widening the entry/exit plaza, the town would still maintain the ability to convert one
lane to a reversible lane for future needs as necessary. Option one would also widen the
top exiting parking structure ramp to accommodate two lanes of exiting vehicles and demo
the existing four attendant booths and replace with two new attendant booths and one
supervisors booth. Remaining lanes would have only automated equipment. By adding an
architectural feature roof above the main entry/exit point, guests entry experience and
recognition would be enhanced. Booths and equipment would be protected and there
would be the ability to install easily recognizable overhead signage. It is intended for the
roof structure to complement the existing LH Transit and Welcome Center buildings. This
option also provides new striping and signage at the entry intersection to better designate
lanes and identify the entry from the Frontage Road. No other Frontage Road
improvements would be done at this time, so that necessary turn lanes are not triggered by
the Colorado Department of Transportation (CDOT). Additional landscaping would break
up the hardscape and buffer the visual of the charter bus lot while, still providing access to
the Charter Bus lot. Snowmelting the entry/exit transaction areas at a minimum would
provide a better guest experience, eliminate the need to plow within confined entry/exit
lanes and, eliminate gate loops so they function properly at all times. A possible additional
option is to provide heated or non -heated pavers for the entire entry/exit plaza. Option one
is the recommended option.
Option 2 includes the same improvements in option one with the addition of eliminating the
top exiting parking structure ramp and adding a new exit through and over the existing
unused second level access. This lessens the serpentine exiting movement on the top
deck providing a smoother exit pattern. It also separates the entry and exists further with a
large landscape buffer and modifies a few parking spaces. Option two is not recommended
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due to the impacts to the Charter Bus lot. An "add" option is recommended with either of the
proposals. This add option provides a lower level "express exit" for pass holders and
reconfigures the existing skier drop off to function more safely and more efficiently by
creating a one way skier drop off loop. This option relieves some congestion from the top
deck exit/entry without overloading East Lionshead Circle or creating the need for additional
attendants at the lowest level. It also incentivizes the use of passes and provides pass
holders with a quicker and more seamless experience.
Kassmel explained the current total budget for this project is $1.2 million. If Council would
like to move forward with the recommended option, the budget will need to be
supplemented from the Tax Incremental Financing (TIF). The current TIF projections show
a fund balance in 2017 of approximately $1.3 million, with an unallocated fund balance of
$39 million through 2030. This balance assumes all currently budgeted projects move
forward including the potential Responsible Acceleration of Maintenance and Partnership
(RAMP) fund match for Simba Run and the construction dollars for the Lionshead medians
discussed at the last Council session. Allocating an additional $1.2 million of TIF fund
balance to this project would allow for Option 1 and all add options to be constructed.
Kassmel also stated if Council chooses to make entry improvements and stay within the
original budget of $1.2 million, the base Option 1 project could move forward without the
entry roof structure. This would bring the total estimated base project cost down to $1.1
million.
Donovan said good job to the group for bringing two concepts that included all the restraints
and desires Council requested. The roof structure is one item she could support, but she
felt the snowmelt at the entry/exit, two exit lanes and ramp was extravagant and asked if the
ramp gets sun exposure. Kassmel stated the reason for the snowmelt is because it's
difficult to maneuver the snow equipment in and out of the entry/exit lanes, built up ice pack
makes the gates not function as they should and vehicles slide into attendant booths and
equipment. The ramp does get sun exposure but there are days when vehicles cannot get
up the ramp causing a backlog. Two exit lanes provide extra capacity and a faster exit.
Rogers stated she will support snowmelt and double lanes.
Kurz asked how the system will accommodate future technology improvements. Greg Hall,
Public Works Director, responded he and his staff have been reviewing systems and how
fast transactions can happen. They have looked at many systems and how they operate,
their maintenance and their reliability. The current equipment is good for another 5-7 years.
The original budget for the project does not include equipment, just construction costs.
Tjossem asked if another deck in the future would work with this configuration and what is
the functionality of the pavers. Kassmel stated a fourth deck is possible and the pavers
would add more of a plaza feeling.
Daly asked if the technology will allow purchasers of Vail Resorts (VR) Epic Pass to use the
pass for parking. Hall responded VR cannot provide credit card information from the Epic
Pass purchase. The technology is there but the town and VR would need to work together
to accomplish the one pass swipe option or the user would have to purchase another pass
for parking.
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Donovan inquired if solar was possible. Kassmel said they have looked at it and the
payback is not real quick but there is potential.
Daly asked why now, if we are not sure about the technology equipment. Kassmel stated
the construction improvements and technology improvements go hand in hand. Public
Works is trying to be ready for construction in spring 2014. Daly said he is not willing to
support the project at this time until Council sees that the technology improvements have
been identified. Rogers said she supports the project and reminded everyone 2015 is
coming. The majority of Council directed staff to move forward with the snowmelt, 2 exit
lanes, ramp and the express exit on lower level.
The seventh item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Planning and Environmental Commission's (PEC) 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 Qhapter 12-17, Variances, Vail
Town Code, to allow for the construction of ad !r!® ss of the prescribed site
coverage; and a request for the review of a HOt motion of modification,
pursuant to Section 12-7B-7, Exterior Alter nV nd Mod i . ` . s, Vail Town Code, to
allow for the construction of additions, loca 'd at 2 St et/.Lot B, Block 5C; Vail
Village Filing 1, and setting forth details in �gatd qwt�ev, :
Warren Campbell, Chief of Planning, stated the'Aeogn.Wte hswered by the Vail Town
Council regarding this appeal are were the requir� Commercial Core 1 district,
Vail Village Master Plan and the Vail Village Urban uide Plan properly applied in
the decision to allow for a variance and major exterior alteration or modification to the Wall
Street Building located at 225 Wall Street. Pursuant to Section 12-3-3, Appeals, Vail Town
Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the
Planning and Environmental Commission's May 13, 2013, decision.
Michael Suman, Wall Street Building's architect, and Campbell provided Council with a
presentation that demonstrated before and after drawings of all four views of the project.
Storefronts would be moved forward to the location where the brick pillars currently are on
the first level. Windows on the second floor will be changed out, an additional retail space
will have been created by moving the lower storefronts forward and the balconies might be
updated. Rogers said she feels there are no problems to the PEC findings. Kurz agreed
with Rogers and thought it will be an improvement. Kurz made a motion, with a second
from Donovan, to uphold the PEC decision contingent on the Design Review Board (DRB)
requirements.
Daly asked if there was anyone in the public who would like to speak. Tom Higgins of
American Ski Exchange approached the podium in support of the project, but does not
agree with the PEC decision concerning the easements, which will eliminate his outdoor
displays. It feels arbitrary. Tjossem asked Higgins if his point was to make it so no stores
can have racks town wide. Higgins stated he would like it to be a fair playing field and
consistent throughout town. The Wall Street Building has been unattractive for a long time
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and he thinks the project will be good for all of the town, but the easement restraints are
difficult. With no other public comment, the motion passed unanimously, 6-0.
The eighth item on the agenda was Adjournment. There being no further business, Foley
moved, with a second from Donovan, to adjourn the meeting. The motion passed
unanimously, 6-0.
Respectfully Submitted,
Attest:--
Andrew . Daly, MLayor / 1
Tow ler{c
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