Loading...
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 Town Council Meeting Minutes of March 18, 2014 Page 4 �ammagel, Ac * N QF ng n erg • SEAL . see. Oe .41 Town Council Meeting Minutes of March 18, 2014 Page 5