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HomeMy WebLinkAbout2015-09-15 Town Council MinutesVail Town Council Meeting Minutes Tuesday, September 15, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tern Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with comments as follows Tiffany Arrant representing homeowners Henry and Lori Gordon, Texas Townhomes complex, read a letter expressing the Gordon's concern about potential improvements to the pickle ball courts. Their concern was with parking issues and noise and they would prefer that no additional courts be built. There was another letter read by Arrant from other residents in the Texas Townhomes complex noting concerns with noise and parking as problems with a request for no more courts in this location as they should really be built at Ford P along with the tennis center. Charlie Penwill, resident and representing the pickle ball players; offered some context to the use of the courts indicating they have not registered any complaints, he has not witnessed any illegal parking by players, his perspective that parking is adequate, he is not aware of any noise complaints, and that with an upgrade of 4 to 6 courts, there would improved parking and landscaping. He mentioned his conversations with Vail Recreation District staff and town staff who have shared there need to help balance the residential neighborhood with the recreation uses. He thinks overall there would actually be an improved situation with the court improvements. The second item on the agenda was the consent agenda as follows: 1) Minutes from August 4, 2015 regular meeting Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously (7-0). 2) Minutes from August 18, 2015 regular meeting Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously (7-0). 3) Appointment of 2015 Town of Vail Regular Municipal At -The -Poll Election Judges Moffet moved to approve the following people to serves as election judges, Vi Brown, Summer Holm, Mary Ann Best, Pam Brandmeyer, Holiday Cole, Carol McKown, Earl Best & Katherine Schmidt; Bugby seconded the motion and it passed unanimously (7-0). Town Council Meeting Minutes of September 15, 2015 Page 1 4) Award of S20 Contract Moffet moved to award the design contract to S2O Design Engineers in the amount of $61,250 to fund the repair work for a retaining wall supporting the Gore Valley trail and the ERWSD sanitary sewer trunk line main. Kurz seconded the motion and it passed unanimously (7-0). It was noted the town and ERWSD would jointly fund this project. 5) Resolution No. 26, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Revenue, Division of Motor Vehicles Regarding CDL Driver Testing; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 26; Kurz seconded the motion and it passed unanimously (7-0). 6) Resolution No. 27, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Public Safety, Division of Fire Prevention and Control Regarding Utilizing Vail Fire and Emergency Services Staffing; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 27. There some questions about the language and intent of the agreement related to federal obligations; Chief Mark Novak assured them the agreement did not obligate the town for such follow-up of services referred to in the agreement. Rogers seconded the motion and it passed unanimously (7-0). 7) Resolution No. 28, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Design of the Gore Valley Trail at Dowd Junction Repair Project; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 28; Bugby seconded the motion and it passed unanimously (7-0). It was noted the action on the IGA with ERWSD was to split the Dowd Junction Gore Valley Trail Repair design costs 50/50. 8) Resolution No. 29, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Eagle River Water and Sanitation District; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 29; Bugby seconded the motion and it passed unanimously (7-0). It was noted the action on the IGA with ERWSD was to allow 160 square foot easement from the Town of Vail within Tract A along Rockledge Road for the installation of a Fire Hydrant and Air Vac Vent pipe. 9) Resolution No. 30, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Vail Resorts; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 30; Bugby seconded the motion and it passed unanimously (7-0). It was noted the action on the Resolution was a response to Vail Resorts and ERWSD who requested a 330 square foot easement from the Town of Vail for Vail Resorts within Tract A along Rockledge Road for the installation of a new water service for future use by Vail Resorts. The third item on the agenda was Town Manager's Report at which time an update was presented on the next 1-70 Underpass Open House, 9/17/15 at 4 pm at Grand View. Greg Hall, Director of Public Works, also presented an update on the cost to add snowmelt infrastructure to the new skate park, an estimated $64K, which would include installation of tubes. There were Town Council Meeting Minutes of September 15, 2015 Page 2 not four members in support of this component to the construction of the skate park. And finally, it was mentioned the USFS timber removal project was active with more details to come about costs and impacts. The fourth item on the agenda was second reading on Ordinance No. 11, Series of 2015, addressing write-in candidate affidavit requirement as presented by Patty McKenny, Town Clerk. She noted Ordinance No. 11 sets forth that a write-in candidate must submit an affidavit of intent with the Town Clerk's Office at least 21 days before the municipal election in order for votes to be counted. The ordinance is proposed in order to help create clarity and context for the election official in counting write-in candidate votes. Moffet moved to approve Ordinance No. 11, Rogers seconded the motion. Public input was taken and Michael Cacioppo questioned the need for the ordinance and spoke out against the requirement suggesting this ordinance did not support the intent of a write -in -candidate environment. He also asked about decreasing the timeframe for filling the affidavit from 21 days to 7 days prior to election. Council input included disapproval from Bugby who didn't see a problem with write-in candidates existing and preferred allowing last minute write-ins on the ballot without any requirements, especially to help accommodate emergency situations and a need for more candidates. Bruno's input was about the ordinance covering the basis that names on the ballots would in fact need to be qualified names and this ordinance put that process in place. A vote was taken and the motion passed (5-2; Bugby and Daly opposed). The fifth item on the agenda was Ordinance No. 12, Series of 2015, an Ordinance Amending Section 14-10-7 of the Vail Town Code, regarding Outdoor Lights as presented by George Ruther, Director of Community Development. It was noted their prior discussion about the Town's adopted policies and regulations with regard to decorative holiday lights would be further reviewed with the proposed ordinance taking into consideration the recent complaints and current policies and regulations. The current proposal included decorative outdoor lights between 4 and 11 p from November 15 through May 15 annually (which is not currently regulated). He also noted PEC reviewed the draft ordinance and recommended more time to consider the definitions. Ruther spent some time talking about the definitions of lighting, i.e. holiday, decorative, ornamental lighting, and some of the challenges in drafting the regulation. It was noted only residential areas were included and commercial areas were excluded. There was some discussion about seasonal lighting, using a map to identify affected areas, effective dates, timing regulations (10 pm or 11 pm). There was some discussion about residential patio lighting vs. lodging lighting and whether or not to require lights be turned off. Ruther asked further consideration be given to better understand intended and unintended consequences of the regulations. Pubic input came from resident Kim Newbury who requested the town not regulate decorative lighting based on only a few complaints and questioned the need for the regulation, requesting council not adopt the ordinance. After some further discussion Kurz moved to deny the ordinance; Moffet seconded the motion and the ordinance was denied (6-1; Rogers opposed). The sixth item on the agenda was first reading of Ordinance No. 13, Series 2015:Columbine Drive Right of Way Land Transfer as presented by Tom Kassmel, Public Works Engineer. He noted a Portion of Columbine Drive currently encroaches on Lot 14 of the Bighorn Subdivision and the property is currently undergoing redevelopment. He noted in order to rectify the encroachment, the property owner and staff have discussed a land transfer, where the Town would receive the portion of property that Columbine Drive encroaches upon and the property owner would receive an equal portion of property along Lupine Drive also adjacent to Lot 14. There was a review of the land transfer as depicted on photos of the property; it was noted there Town Council Meeting Minutes of September 15, 2015 Page 3 was an exchange of an equal property size and the road stays the same. Moffet moved to approve Ordinance No. 13; Kurz seconded the motion and it passed unanimously (7-0). The seventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7 p.m. Respectfull Submitted, Attest: aZ C. A rew P. Daly, M or Patty cKe ny, T k o. nEA Town Council Meeting Minutes of September 15, 2015 Page 4