HomeMy WebLinkAbout2014-03-18 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 18, 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 Rogers
Greg Mo t
Jenn Bru c
Dave Cha )in
Dale Bugby
Staff members: Stan Zem r, Town Manager
Matt Mire, Town Attorney
Pam Bran JImeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
The first item on the agenda was Citizen Participation. There was none.
The second item on the agenda was the Consent Age ida.
1) South Frontage Road Water Quality Improvements Contract Award. Moffet made a
motion to authorize the Town Manager to enter into an agreement with Western Pipeway
to complete the South Frontage Road Water Quality Improvements Project, with a
second from Kurz. The motion passed unanimously 7-0.
2) Resolution No. 6, Series of 2014. Moffet made a motion to authorize the Town Manager
to enter into the intergovernmental agreement to formalize the Colorado Information
Sharing Consortium, with a second from Kurz. The motion passed unanimously 7-0.
3) Resolution No. 7, Series of 2014. Council requested staff present the resolution later in
the meeting when the first reading of Ordinance No. 8 was to be discussed.
4) Resolution No. 8, Series of 2014. Moffet made a motion to authorize the Town Manager
to enter into the intergovernmental agreemen , with Eagle County for the lease of the
ECO Transit Welcome Center space, with a second from Kurz. The motion passed
unanimously 7-0.
The third item on the agenda was the Town Manager's Report. Town Manager Stan Zemler
acknowledged the recent court decision from Eagle County District court and requested staff be
directed to work through the construction process concerning the golf course clubhouse
remodel. Council agreed and directed staff to move forward with the next steps.
The fourth item on the agenda was appointment of 6 members to the Art in Public Places
(AIPP); 3 members to the Building and Fire Codes Appeals Board (B&FCAB); 3 members to the
Design Review Board (DRB); and 4 members to the Planning and Environmental Commission
(PEC). Kurz made a motion to appoint the following board members to AIPP: Cookie Flaum,
Town Council Meeting Minutes of March 18, 2014 Page 1
Julie Hanson, Kathy Langenwalter, William Pierce, Karen Woods and Amanda Zinn, with a
second from Moffet. The motion passed unanimously 7-0. Kurz made a motion to appoint the
following board members to BUCAB: Roland Kjesbo, Steven Loftus and Kyle Webb, with a
second from Moffet. The motion passed unanimously 7-0. Kurz made a motion to appoint the
following board members to DRB: Andrew Forstl, Roland Kjesbo and William Pierce, with a
second from Moffet. The motion passed 7-0. Kurz made a motion to appoint the following
board members to PEC: Dick Cleveland; Webb Martin; Henry Pratt; and John Rediker, with a
second from Moffet. The motion passed unanimously 7-0.
The fifth item on the agenda was second reading of Ordinance No. 6, Series 2014, an
ordinance enacting Title 5, Chapter 12, Vail Town Code, "Recycling Requirements", establishing
regulations regarding recycling of discarded materials by solid waste generators, and solid
waste services provided by waste services companies operating in the Town of Vail and setting
forth details in regards thereto. Environmental Sustainability Coordinator Kristen Bertuglia
reviewed council's changes to the ordinance. The effective date of the ordinance would be July
1, 2014. Properties which are unable to be in complia nce by the effective date would be able to
request an exemption, as determined by the Plannino and Environmental Commission (PEC),
according to at least one of following reasons: cost considerations, physical limitations,
operational considerations and conflicts with adop:ed regulations. Rogers asked if the
exemption would be for life. Bertuglia stated the exemption could be for life depending on the
direction of the PEC. Daly recommended the maximum exemption be no longer than 24
months, with the option for additional 24 month exemptions to which council majority agreed.
Bruno recommended businesses who will have difficulty being in compliance with the ordinance
apply for an exemption no later than July 1. Roge -s and Kurz agreed with Bruno. Rogers
recommended "unreasonable cost considerations" be added to the exemption criteria. Council
agreed. Bertuglia reviewed the recycling requirements for wildlife resistant containers.
Recyclables would be placed at the curb in non-wildlifE resistant containers if the containers are
placed at the curb only after 6 a.m. and brought indoors for storage before 7 p.m. Bertuglia
explained the existing wildlife regulations would need to be modified to meet this requirement.
Daly suggested requiring bear proof containers and hsve the town pay for the difference in the
cost for these containers. Moffet expressed concern on what that cost would be to the town.
Daly asked Bertuglia to develop a methodology and to show the costs the town would incur.
Chapin agreed with Daly's suggestion and went onto say he was glad to see the town would
have some skin in the game. Bugby expressed conce m people would be illegally dumping their
trash in other people's dumpsters since there was no self -haul option in the ordinance. Bugby
suggested adding "reasonable effort" language into the penalty assessment or to add language
concerning illegal dumping. Rogers did not agree with Bugby's suggestions since the language
concerning unlawful dumping was currently in the Colorado State statute and in the Town Code.
Daly suggested and others agreed to add the lancuage "dumping trash or recyclables in
someone else's dumpster is illegal." Daly asked for )ublic comment. Ron Riley, commercial
property owner, said he has been working hard on thi: issue for a month with Bertuglia and the
situation concerning his commercial properties are mcre complicated. Riley did not agree with
the 24 month exemption since the circumstances surrounding his property would not change.
The exemption would require him to come in every :24 months. Chris Fitzgerald, residential
property owner, felt the containers needed to be bear proof regardless if recycling or not. Bill
Suarz, residential property owner, asked how many recycle bins would be required. Daly
responded it depended on the hauler. Saurez did not think there would be a problem for
residential but thought businesses without storage areas would have a burden. Kim Langmaid,
property owner, urged council to approve the ordinance. Moffet expressed concern surrounding
Town Council Meeting Minutes of March 18, 2014 Page 2
environmental impacts associated with hauling single stream recyclables out of Eagle County
rather then full use at the Eagle County MRF facility. Rogers made a motion, with a second
from Kurz to approve the second reading of the ordinance with the recommended amendments.
The motion passed 5-2 (Bugby and Chapin opposed).
The sixth item on the agenda was the first reading of Ordinance No. 8, Series of 2014, an
ordinance for prescribed regulation amendments, pure uant to Section 12-3-7, Amendment, Vail
Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to
Commercial Ski Storage and the delineation of different floors or levels within a structure, and to
amend Sections 12-713, 12-7H, 12-71 and 12-8E replacing the term "Commercial Ski Storage"
with "Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. Community
Development Planner Jonathan Spence first addres:;ed Resolution No. 7 explaining in 2006
council previously determined that a particular ski st-Drage type use was a "Cocktail Lounges
and Bars." Resolution No. 7, clearly and unambig iously memorialized that commercial ski
storage/ski clubs are appropriately located only in the )asement or garden level of a structure in
the Commercial Core 1 (CC-1), Lionshead Mixed Lse 1 (LMU-1), Lionshead Mixed Use 2
(LMU-2) and Ski Base/Recreation 2 (SBR-2). There vas no public comment. Moffet moved to
adopt the resolution, with a second by Chapin. The motion passed unanimously 7-0. Spence
explained Ordinance No. 8 clarified allowable location.; for commercial ski storage/private clubs
and provided additional language to assist in the delineation of different floors or levels within a
structure. The proposed code amendments did not result in any changes to the regulations
pertaining to the location or operating characteristics o ' ski storage/ski concierge/ski clubs within
the Vail Village and Lionshead. The changes did provide clarity and a greater understanding
concerning these subjects. There was no public comment. Moffet made motion to approve the
ordinance on first reading, with a second from Kurz. The motion passed unanimously 7-0.
The seventh item on the agenda was the first reading of Ordinance No. 9, Series of 2014, an
ordinance rezoning certain properties from the High Density Multiple -Family District to the Vail
Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483
Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of
Gore Creek Drive, Vail Village Filing 1, and Lots 1 - 9 Vail Village Filing 4, and setting forth
details in regard thereto. Spence reviewed the ordinance with council. Rogers requested
spelling errors be corrected for the second reading of the ordinance. There was no public
comment. Moffet made a motion to approve the first reading of the ordinance, with a second
from Kurz. The motion passed unanimously 7-0.
The eighth item on the agenda was the Lionshead Parking Structure Entry Improvements.
Kassmel shared with council the value engineering cl"anges made to the proposed Lionshead
parking structure entry that help bring the project clos r to the budget. Kassmel recommended
council award the contract to MW Golden Constructors in the amount of $1,819,973; and at a
future council meeting supplement the project budget in the amount of $95,000. Moffet asked if
this project would be completed this year. Kassmel responded yes. Chapin asked what the
purpose was for the snowmelt. Kassmel stated it assisted with snow removal in those areas.
Moffet made a motion to authorize the Town Manager to enter into a contract with MW Golden
Constructors in the amount of $1,819,973, with a second from Bugby. The motion passed
unanimously 7-0.
The ninth item on the agenda was the review of the proposed Timber Ridge Development
Agreement. Community Development Director Geo�ge Ruther reviewed the three primary
Town Council Meeting Minutes of March 18, 2014 Page 3
components of the Timber Ridge Development Agreement: the obligations of the town; the
obligations of the developer; and the construction imr rovements. Daly asked what the penalty
would be if the developer did not finish the project in the timeframe stated in the agreement.
Daly suggested wording that was fair to both the town and developer. Additionally, Daly
requested wording be added concerning insurance ar d liability. Moffet made a motion to table
the development agreement to the April 1 meeting, with a second from Bugby. The motion
passed unanimously 7-0.
The tenth item on the agenda was the discussion of :he future of recreational marijuana in the
Town of Vail and to begin to establish policy direction on the issue for the Town. Ruther
reviewed the six policy issues relating to the regulation of retail marijuana and offered a
recommendation to form a work group composed )f stakeholders. Ruther also asked for
council to respond to policy question no. 6 as to whera council's preference for regulating retail
marijuana establishment operations lie along the spectrum. Chapin stated he was neutral until
further information was gathered. Rogers agreed w' h Chapin. Rogers would like Ruther to
report on what is happening in other communities that have approved the retail sale of
marijuana. Chapin suggested involving a member of the Vail Valley Professionals group.
Rogers recommended having a representative of the industry on the working group. Moffet
stated there currently is no manufacturing of any product allowed anywhere in the town limits
and didn't think the town should allow marijuana cultiv0ion operations. Moffet requested Ruther
address on site sale/consumption the next time he vxas presenting this item to council. Bruno
recommended talking with restaurants, lodging, and citizens in the towns that currently allow
retail marijuana to hear their comments and concerns. Daly had spoken with some international
guests who do not want Vail to allow retail marijuana sales. Daly suggested council look at
what is in the best interest of the resort community. Daly said he was at prohibition on the
spectrum. Kurz said emotionally he agreed with Dal � , but was willing to keep an open mind
intellectually. Bugby suggested a work session to work on questions for the advisory group to
consider when they meet. Daly asked for public comment. Meg Collins, Executive Director of
Cannabis Business Alliance, provided council with idcas concerning the licensing process and
licensing requirements for a retail marijuana establishment. Some of the examples Collins
presented concerned licensing fees, zoning and exclusions, taxation and transaction fees.
Collins stated she was not here to persuade council one way or another, but instead to assist
with the education of retail marijuana. Council supported Ruther in forming a working group,
made up of stakeholders, as the first step in developing policy concerning retail marijuana
establishments.
The eleventh item on the agenda was the Adjournment. There being no further business,
Moffet made a motion to adjourn with a second from Kurz. The motion passed unanimously 7-0
and council adjourned at 8:50 p.m.
Respectfu Submitted,
Attest:
Andrew P. Daly, ayor
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