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HomeMy WebLinkAbout2013-01-15 Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 15, 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 Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Kerry Donovan Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. There was no public comment. The second item on the agenda was the Consent Agenda. Foley made a motion to approve the minutes of December 4, 2012, meeting. The motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 5-0. Foley made a motion to approve the minutes of December 18, 2012, meeting and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 5-0. The third item on the agenda was the Town Manager Report. Zemler informed the Council and public that the Colorado Department of Transportation (CDOT) will begin construction at the end of April on the twin tunnel project near Idaho Springs. The construction and blasting will necessitate traffic being diverted onto the Frontage Road and back on to 1-70 near the Central City exit. The construction and blasting will continue 24/7 from April through November, 2013. There will be three lanes eastbound. East and west bound lanes will be open but there will be 30 minute delays for blasting and safety purposes. The fourth item on the agenda was a request to table the 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 January 15, 2013 Page 1 Moffet made a motion to table the first reading of Ordinance No. 21, 2012, to the February 5, 2013, meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. The fifth item on the agenda was a request to table the 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. Moffet made a motion to table the first reading of Ordinance No. 22, 2012, to the February 5, 2013, meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. Foley said this item was also continued to the Planning and Environmental Commission meeting of January 28, 2013. The sixth item on the agenda was first Reading of Ordinance No. 2, Series of 2013, an Ordinance amending Section 6-3C-6 of the Vail Town Code to reconcile the Vail Town Code with the newly enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, said Colorado voters recently passed Amendment 64 which added a new Section 16 of Article XVIII regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Council to pass legislation reconciling the Vail Town Code with Amendment 64 and to clarify and codify the town's prohibition of medical marijuana businesses. Daly asked if this ordinance would make the town code consistent with the Colorado state statutes. Mire said yes. Moffet made a motion to approve first reading of Ordinance No. 2, 2013, and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was the reading of Ordinance No. 3, Series of 2013, An Emergency Ordinance Adopting a Temporary Ban on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section of Article XVII I of Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, stated pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance." He said this emergency ordinance allows staff time to study the effects of such marijuana establishments, consider the town's existing land use regulations and master plan and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. During such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the town to adopt a temporary ban on the location of marijuana establishments in the town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from Town Council meeting minutes of January 15, 2013 Page 2 adopt a temporary ban on the location of marijuana establishments in the town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the town during the time that town staff is studying the effects of such establishments and the proper location for such establishments and if they will be permitted in town. The moratorium is valid until August 6, 2013, at which time the Council can then apply consistent regulations as the State of Colorado (State). The State has until July 1, 2013, to finalize language. Moffet said nuisance and odor issues will also need to be addressed. Rogers said this moratorium will be in place until the State gives guidance and allows the town to review local ordinances. This doesn't mean the town will be banning anything but this ordinance just delays the process until the town staff finds out how to best regulate this process. Moffet made a motion to approve emergency Ordinance No. 3, 2013, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5-0. The eighth item on the agenda was an update on Ford Park Phase 2. This update to the Council includes a status report of the Phase 1 Construction progress and schedule, the submittal to the Planning and Environmental Commission (PEC) of the Phase 2 Development Plan for Ford Park and a request by the Vail Valley Foundation (VVF) to proceed through the Development Plan process. Greg Hall, Public Works Director, stated there are three items to be discussed; the Phase II Development Plan, Phase I items under construction and additional design work needed. The second phase deals with the covered social court yard at the Amphitheater; improvements to Betty Ford Way; the Betty Ford Alpine Garden (BFAG) education building; the box office improvements; the Ford family tribute; riparian restoration, playground improvements and permanent exhibit space which are all interrelated. Staff requested Council provide comments on the Ford Park Phase II Development Plan submittal to the PEC and grant permission to the VVF to proceed through the Phase II development process. Zemler said the Ford Tribute is now scheduled to be adjacent to the covered social court yard. All of the Phase II components are unfunded projects. The Council wanted to know who made the decision to move the Ford Tribute to the social courtyard instead of at the juncture of the Manor Vail entrance and Betty Ford Way. Pedro Campos, Landscape Architect with Zehren and Associates, said the cottage for AIPP needed to stay in this area. Adding the Ford Tribute created too much congestion in this area. So given the AIPP concerns and discussion with the VVF, because of the congestion in this area, they moved the tribute piece to the social area in front of the Amphitheater. Tjossem said if the space is too tight; take the tribute arrival monument out. Campos said an arrival component still needed to be there to announce people have arrived in Ford Park. Way finding solutions and landscape solutions are still being discussed and there is still a need to allow for large vehicles to come and go on Betty Ford Way. Further discussion ensued. Council was concerned the commons area of the lower bench open space has too many art zones. They want as much open space as possible in the lower bench. Campos said additional landscaping is in select corner areas where trees exist already and wouldn't interfere with the Town Council meeting minutes of January 15, 2013 Page 3 open areas of the park. Further discussion ensued regarding the open space being sacred in the lower bench, possible additional landscape areas and possible art areas. If the AIPP cottage stays, it needs to be improved as well. Daly asked where the money for Phase II is coming from. Campos stated the VVF is fundraising. The original budget was approximately $7 million for Phase 1 and Phase II. However the scope of Phase II is growing and there are unfunded portions of Phase II including improving the picnic shelter. Rogers asked about the existing trees in the lower bench and the landscaping proposed around the lawn area. Campos said enhancing the landscaping along Betty Ford Way is one of the goals to make it more memorable. Ceil Folz, VVF, said the goal is to raise $6 million. The VVF has $3 million so far. They believe that they have another $1 million that is good and another $2 million they feel pretty good about. Their intention is to have all the fundraising completed by the beginning of the summer. Most donors are part-time residents. Some of the benefactors are John and Marlene Boll who are Beaver Creek residents; Mike and Mary Sue Shannon who are Vail residents and Lyda Hill. Daly asked if the VVF goal to provide the BFAG $1 million was still in the mix. Folz stated the VVF is going to provide $1 million for the BFAG education center. Any additional money for the education center above and beyond the $1 million is the responsibility of the BFAG. Daly stated the Council needs to give the VVF permission to move ahead with Phase II of the project. Foley stated in the documents submitted it said that Phase 11 is to design and construct Phase II. He wants more public comment. Rogers stated this approval just give the VVF permission to proceed through process and is not an approval for the design or construction. Campos said they were going to hold public work sessions with the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) in February to get their thoughts before moving forward and coming back to Council. Greg Hall asked if the Council was okay at this time with the design components of Phase 11. Foley made a motion to allow the VVF to proceed through the planning process and Rogers seconded the motion. Daly said there were a lot of elements that will require significant review. He said the approval from Council to go through the development planning process is in no way approving the elements and design. He stated that approval from Council will have to be done in the future. He is very concerned there is too much stuff being added to the park. He said the goal is to preserve the open space in the park and keeping the character intact for the kids and to have a large play area. He said the common area needs to be held sacred and the whole area needs to be safe and fun for kids to play. He also wanted to make sure the Ford tribute and recognition is appropriate in size and quality to the contribution they made to Vail. Foley agreed with Daly on the tribute to the Ford's. Hall said event producers have been notified of the Phase 11 schedule. Zemler said all the field improvements were moved back one year. Staff will make sure the public is informed about the fields being out of commission for the summer of 2014. A vote was taken and the motion passed unanimously, 5-0. Town Council meeting minutes of January 15, 2013 Page 4 The ninth 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, 5-0. The meeting adjourned at 6:57 p.m. t Donaldsron, Town Clerk Respectfu Submitted, Andrew P. Daly, Ma Town Council meeting minutes of January 15, 2013 Page 5