HomeMy WebLinkAbout2014-01-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 7, 2014
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
Margaret f ogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Staff members: Stan Zemler, Town Manager
Kendra Carberry, Town Attorney
Pam Branomeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
The first item on the agenda was Citizen Participation. There was no citizen participation.
The second item on the agenda was the Consent Agenda:
1) Approval of December 3 and December 171 meeting minutes. Moffet made a motion
to approve the December 3 meeting minutes with a second from Kurz. The motion
passed unanimously 7-0. Moffet made a motion to approve December 17 meeting
minutes with a second from Kurz. The motion passed unanimously 7-0.
2) Resolution No. 1, Series of 2014, A Resolution Designating a Public Place within the
Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council,
Planning and Environmental Commission, Design Review Board, and Other Boards,
Commissions and Authorities of the Town of Vail. Moffet made a motion to approve
Resolution No. 1 with a second from Kurz. The motion passed unanimously 7-0.
The third item on the agenda was the Town Managers'Report.
1) 2013 Year in Review. Town Manager Stan Zemler stated there was not anything specific
concerning the 2013 year in review and that it was added to the packet just for council's
information. Zemler said the summary of the y0ar was extremely well done by Suzanne
Silverthorn. Rogers stated 2013 was a busy year.
2) Timber Ridge Deed Transfer Update. Zemler unformed council that staff will be coming
forward in the next couple meetings with a sedT, s of items concerning Timber Ridge that
will shift the ownership back to the Town of Vail; and incrementally introduce a number of
things that will be components of the redevelopment of Timber Ridge. Staff is starting a
process to facilitate the transfer with no problems and in a timely manner, such as
reviewing the leases concerning the west side. Zemler confirmed Daly and Moffet would
be the only members absent from the February (Council meeting.
Town Council Meeting Minutes of January 7, 2014 Page 1
The fourth item on the agenda was the presentation of Vail's renewed status as a Bicycle
Friendly Community as designated by the League of American Bicyclists. Senior Landscape
Architect Gregg Barrie said in 2009 the town was designated as a bronze level bicycle friendly
community and the designation was good for four years. This year we applied again and just
recently heard the town was not only renewed as a bicycle friendly community, but has now
been designated as a silver level bike friendly com nunity, which was a nicer complement.
Barrie said the League of American Bicyclist is an organization that was established in 1880.
Their mission is to promote bicycling for fun, fitness and transportation and to work through
advocacy and education for a bicycle friendly America. The organization looks at a community
in five different aspects: engineering, encouragement, enforcement, education and evaluation of
planning. Barrie presented a bicycle friendly sign tc� council. Daly said this is not a Town
Council award but a town award.
The fifth item on the agenda was the Gore Creek Water Quality Strategic Action Plan
Discussion. Environmental Sustainability Coordinator'i<risten Bertuglia provided council a short
background on the health of Gore Creek. Bertuglia said the Federal Clean Water Act mandates
Colorado Water Quality Standards to be drinkable, fishable, swimmable, navigable
or agricultural. In 2011, the Colorado Department of Public Health and Environment (CDPHE)
included Gore Creek, from Black Gore Creek to the Eagle River (Dow Junction), to Colorado's
Section 303d list for impaired waters for aquatic life. Bertuglia said the aquatic life use is based
on the Multi -metric Index (MMI), which is a methodo ogy for determining the health of a river
using aquatic bug population characteristics. Failing bug scores are affecting the long-term
health of Gore Creek and may decrease the trout population that depends on them. Bertuglia
said since 2011 the town has taken many steps towa -d improving the health of Gore Creek by
homeowner education, stream tract compliance, stream bank restoration programs, no foliar
spraying within 75' of Gore Creek and staff has created a Gore Creek Water Quality
Improvement Plan (WQIP). Bertuglia said the primary purpose of the Gore Creek WQIP was to
define actions needed to improve biological health in Gore Creek to achieve attainment of
aquatic life use and to guide the planning and implementation of those actions. Bertuglia stated
there are three general causes for the decline in water quality in Gore Creek: degradation of the
riparian buffer and stream bank habitat; impacts of impervious cover and urban runoff; and
pollutants associated with land use activities and urf an runoff. Bertuglia asked for council's
thoughts concerning the draft purpose statement th t would assist in developing the action
plans. Daly said the purpose statement needs to be broad statement that looks at the issues
and results in a plan to allow long term health of Gor Creek. Daly asked if this plan will assist
in a comprehensive plan and Bertuglia responded jyes, with goals and objectives. Rogers
agreed with the purpose statement. Bertuglia asked 4 council supported the three goals listed:
restore the aquatic insect population to exceed the mi imum standard set by CDPHE according
to the MMI score within the allotted 10-year time fr e; ensure Gore Creek water chemistry
meets or exceeds regulatory standards; and to a sure sediment loads meet or exceed
regulatory standards. Rogers would like to see res Its in a shorter amount of time than ten
years and asked if that is feasible. Bertuglia stated Oome of these changes will take time, but
staff will look into the feasibility and get back to counci with that information. Eagle River Water
and Sanitation District (ERWSD) Lynne Brooks remi ded council the CDPHE may have time
criteria that will also become a factor. Daly aske Brooks if ERWSD has experience in
managing storm water, to which she responded curre tly no, although state statutes do allow for
it. ERWSD is considering it for the new Wolcott projeo. Kurz said managing storm water is not
a cheap project or quick fix. Bertuglia asked council �if council supported the three objectives
listed in the draft WQIP: restore and improve riparian uffer and stream habitat; reduce impacts
Town Council Meeting Minutes of January 7, 2014 ! Page 2
of impervious cover; and reduce pollutants associate with land use activities. Moffet asked if
staff was comfortable with the word "reduce" instead of having a percentage or an amount of
pollutants. Bertuglia said it would be difficult but some hing staff will look into. Daly asked what
the next steps were after requesting residents to g t out of the stream tracts because their
flowerbeds and lawns are detrimental to the health oflGore Creek. Daly asked if the next steps
are planting willows. Bertuglia said staff is already w4ing with homeowners in those areas to
restore the banks with native plants. Senior Landscape Architect Gregg Barrie said that tonight
staff wants to have a strategic action plan to use as a guidebook. Daly said one of the action
plans is going into East Vail to meet with residents aid review how the plan is going to affect
them. Moffet agrees with Daly about the citizen outrea ,,h and education with East Vail residents.
Daly said this needs to be the highest priority. Bugby asked for the scientific procedures on how
this was identified, days, hours of testing. Brooks said testing started in 2008 and the ERWSD
volunteered to provide this data to the state for their rE!view process of changing rules. She also
said the rules applied to the Front Range should be different to the rules applied to cold alpine
water streams. ERWSD tested the river all the way down to Edwards and used the methods
regulated by the state. Brooks added the science is very well done. Bugby requested to see
these reports and Brooks said she would be happy to share those reports with him. Barrie
reviewed the tasks for developing an action plan such as compiling a list of actions, establishing
priorities, evaluating tasks, schedules, responsibilities and resources required and implementing
as appropriate. The action steps included three levels: Level 1: over the next six months, Level
2: three to twelve months and Level 3: six to eighteen months. Bertuglia said there would be an
RFP sent out for marketing and an educational camps gn. Daly asked homeowners be included
in committees. Bugby asked if staff needs to start looking at ordinances with fines and penalties
to give teeth to some of these actions. Carberry saic the town code currently covers many of
these actions, but the town can get more detailed. Kurz said the town is on the right approach
and encourages staff to work with ERWSD staff because there is tremendous knowledge and
background with ERWSD and we can work together. Daly said it's a big and exciting plan and
finally putting some meat on the bone. Daly gave kudos to staff on their efforts. Daly asked for
public comment. Eagle County resident Rick Sackbauer would like the town to engage the
county in this dialog because one side of the stream might be considered town where the other
side of the stream is county. Diane Johnson, public affairs and communication director for
ERWSD, complemented town staff on this manageable plan. Eric Perkins, advocate for fly
fisherman, was very happy with what he was hearing.!, Rogers encouraged Perkins to be part of
this committee. !
The sixth item on the agenda was the first reading jof Ordinance No. 1, Series of 2014, An
Ordinance Extending the Temporary Ban on Marijuan Establishments in the Town, Pursuant to
the Newly Enacted Section 16 of Article XVIII of the C lorado Constitution (Amendment 64).
Moffet made a motion to approve Ordinance No. 1 on first reading with a second from Kurz.
With no further comments from council or the public, toe motion was approved unanimously 7-0.
The seventh item on the agenda was the first reading of Ordinance No. 2, Series of 2014, An
Ordinance Repealing Section 1-4-1C of the Vail Townj Code and Enacting a New Section 1-4-4
of the Vail Town Code, Concerning Restitution in Municipal Court. Moffet made a motion to
approve Ordinance No. 2 on first reading with a second from Kurz. Town attorney Kendra
Carberry stated Municipal Judge Buck Allen requested this ordinance. The ordinance would
allow the judge to order restitution in municipal court Daly requested the municipal judge be
present at the January 21 town council meeting for the second reading of this ordinance. There
was no further comment from the council or the public. The motion passed unanimously 7-0.
Town Council Meeting Minutes of January 7, 2014 1 Page 3
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The eighth item on the agenda was the first reading of Ordinance No. 3, Series of 2014, An
Ordinance Amending Section 6-36-2 of the Vail Town ode Regarding the Jurisdictional Limit of
Larceny Offenses on the Town. Moffet made a motior to pass Ordinance No. 3 on first reading
with a second from Kurz. Town Attorney Kendra Carberry stated Ordinance No. 3 reflects the
changes made in the state statutes concerning la ceny offenses. There was no further
comment from the council or the public. The motion was approved unanimously 7-0.
The ninth item on the agenda was the Adjournment. 'There being no further business,
Kurz made a motion to adjourn with a second from Moiet. The motion passed unanimously 7-0
and Council adjourned at 7:27 p.m.
Attest:
amm el, A'sUna Tovii) Clerk
Respec u� Submitted,
i"
i
Andrew P, Daly, M
i
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