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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 Town Council Meeting Minutes of July 2, 2013 Page 1 I 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 Town Council Meeting Minutes of July 2, 2013 Page 2 a 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 Town Council Meeting Minutes of July 2, 2013 Page 3 ILI 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. Town Council ..... .. ........ .... _ ......._ .. .. _.. _ . _. _ .._..._ _.... ..... _. ...... . __ __...... .... . _..._._......_ .. _ Meeting Minutes of July 2, 2013 Page 4 1W 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 Town Council Meeting Minutes of July 2, 2013 Page 5 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 qw- \400 Town Council....._.__ .. _..._........_.._ _---- Meeting Minutes of July 2, 2013 Page 6