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HomeMy WebLinkAbout2015-06-16 Town Council MinutesVail Town Council Meeting Minutes Tuesday, June 16, 2015 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, Mayor Pro Tern Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk The first item on the agenda was Citizen Participation. Bob Armour, Vail resident, complimented the Lion's Ridge Apartment development and hoped the remainder of the Timber Ridge Apartments on the west side of the property would also be redeveloped in the future. Armour went on to compliment the new recycling signs that are posted behind the community development building. Armour would like to see the Roost Lodge site be restored to something that is appropriate rather than be used for construction parking. Daly explained the Roost Lodge developer withdrew his application with community development due to increase in construction costs. The second item on the agenda was the Consent Agenda: 1) Revised minutes from April 21, 2015 meeting. Moffet made a motion to approve the revised April 21 meeting minutes with a second from Rogers. Motion passed (7-0). 2) Minutes from the May 5, 2015 meeting. Moffet made a motion to approve the May 5 meeting minutes with a second from Rogers. Motion passed (7-0). 3) Minutes from the May 19, 2015 meeting. Moffet made a motion to approve the May 19 meeting minutes with the edit to the motion to adjourn was seconded by Kurz and not Bugby. Kurz second the motion with the suggested edit. The motion passed (6-0), Bugby did not vote because he was absent from the May 19'h meeting. 4) Award Contract for Bighorn Creek Columbine Drive culvert replacement project. Moffet made a motion to direct the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon Inc. to complete the Bighorn Creek Town Council Meeting Minutes of June 16, 2015 Page 1 Columbine Drive culvert replacement contract award with a second from Kurz. There was no further discussion. The motion passed 7-0. 5) Resolution No. 17, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Pitkin County Government Regarding the Provision of Emergency Dispatch Service Staffing; and Setting Forth Details in Regard Thereto. Moffet made a motion to adopt Resolution No. 17, Series of 2015 as read with a second from Kurz. The motion passed (7-0) The third item on the agenda was any action as a result of Executive Session. There was none. The fourth item on the agenda was Town Manager's Report Zemler informed council he would be attending the State Transportation Commission meetings regarding Interstate-70 underpass funding. Rogers stated she too would be attending these meetings. The fifth item on the agenda was Ordinance No. 6, Series of 2015, An Ordinance Amending Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract Protection", to Prohibit Private Improvements on Stream Tract Property in the Town of Vail. Community Development Director George Ruther explained to council if this ordinance is approved the new regulation would accomplish the following five objectives: 1) further protected the public health, safety, and welfare of the community by regulating sensitive stream tract areas in the Town; 2) prohibit private encroachments in stream tract areas; 3) further ensure that the stream tract areas remain natural open space and serve the purposes for which they are intended; 4) create a procedure by which the Town may abate an encroachment and seek reimbursement; and 5) establish a mandatory violation and penalty provision for failure to comply. Ruther reviewed the Community Development Departments' and the Town Attorney's office recommended changes since first reading of Ordinance No. 6, Series of 2015. The recommended changes were as follows: Notice of violation would be given by certified U.S. mail, return receipt requested, rather than first class U.S. mail, to the record owner of the adjacent real property or the owner of the encroachment, if different, at the owner's last know address; advisement to the owner the encroachment shall be removed and the stream tract restored to its natural condition completed within forty-five (45) days, rather than thirty (30) days, following the date of the notice; If the owner disputes that a violation exists, the owner shall notify the Director in writing of such dispute within twenty-one (21) days, rather than seven (7) days, of the date of the notice; First offense in any 12-month period: $500, rather than $100, and Second offense in any 12-month period: $750, rather than $200. Roger asked what would happen if the violator would refuse the U.S. certified mail. Ruther explained the post office would return the receipt showing the certified letter was refused and the forty-five day count to restore the property to its natural state would begin. Daly was concerned if a violation notice was given during the winter season, the violator would not be able to restore the property within the forty-five days due to weather. Daly suggested giving violators ninety days to restore the property to its natural state rather than forty-five Town Council Meeting Minutes of June 16, 2015 Page 2 days. Ruther said the property owner would have an opportunity to work with the Community Development Department on the time frame to complete or rectify the issues. Both Rogers and Moffet asked how the return receipt would hold up in a court of law. Town Attorney Matt Mire said the courts will use an envelope that acknowledges that someone had rejected or refused to sign for it as notice. Bugby suggested posting the notice to the property owner's door. Ruther felt the U.S. certified mail with the requested return receipt has been effective in similar Community Development processes. Bugby reviewed his redline version of the ordinance with his suggested modifications. Bugby explained he was not supportive of the increase in fines and that he the ordinance was overkill without due process. Bugby made a motion to accept his redline version of Ordinance No. 6, Series of 2015. There was no second to his motion. Bruno felt the forty-five day to rectify the violation was appropriate. Daly asked if an appeal would be heard by the Planning and Environmental Commission (PEC). Mire explained a dispute in boundaries would be heard in District Court and that the PEC could not dispute property lines. Mire went on to say the decision would be given to the Director of Community Development. Ruther stated his department had sent hundreds of letters to property owners regarding this ordinance between the first and second reading. Moffet made a motion to approve Ordinance No. 6 with the recommended amendments. The motion was second by Kurz. Daly asked for public comment. Jim Lamont, Vail Homeowners Association, agreed there have been stream tract issues prior to Town zoning and the Town has the right to enforce compliance, but also acknowledged that how its done is a delicate matter and cannot be overbearing. Lamont thought the Appellant process should be left in the hands of staff, but there needs to be an appeal process that would allow council to make the ultimate decision on more complicated properties. Daly stated the Town has been extraordinarily patient in working with private property owners on the stream tract issue and the Town needs to look at the quality of Gore Creek. Bugby felt the ordinance has good intentions, but there needed to be a way to allow a homeowner to have their day in court. Mire said all homeowners who have been in violation have received a trespassing summons; which required the homeowner to go before the municipal judge. Mire questioned what the appeal would be. Lamont asked how an adverse possession would work with this ordinance. Mire explained homeowners could do that now by going to the District court. Tom Vucich, East Vail property owner, expressed his preference to see a comprehensive ordinance and suggested a comprehensive public -private coordination effort on related stream tract issues. There was no more public input on this topic. Bruno reminded everyone the goal of the ordinance is to achieve compliance. The motion passed (6-1; Bugby opposed). The sixth item on the agenda was Ordinance No. 8, Series of 2015, An Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Ruther explained the three objectives this ordinance would accomplish: 1) extend the Town Council Meeting Minutes of June 16, 2015 Page 3 temporary ban on the operation of marijuana establishments at any location in the Town from August 4, 2015 to October 6, 2015; 2) restrict the Town from accepting or processing any applications for the operation of marijuana establishments in the Town until a recreational marijuana policy is more formally adopted; and 3) afford the community additional time to gather information, to review the state statutes and forthcoming regulations and to study the impacts of marijuana establishments and the zones districts in which they should be permitted, if at all. Moffet wanted to clarify that since the Town doses allow this "use" in its current land use code, the Town would not allow or accept this type of business. Mire said yes and the ordinance would prevent someone from petitioning council. Daly asked for public comment. Bob Armour, Vail resident, stated he did his own research and spoke with communities that currently allow retail and medical marijuana establishments within their town limits and with business owners who are located next to or near marijuana establishments. Armour does not feel the Town needs to offer this type of service and would like council to make a motion to ban retail sales permanently. Robert Takata, Avon Resident, said Vail should consider a cannabis social club. Takata offered council his consulting services and insight into cannabis issues. Luc Meyer, Vail resident, said he was completely against adopting any kind of consumption club or retail pot sales in Vail. There was no more public comment. Moffet made a motion to approve the first reading of Ordinance No. 8, Series of 2015 to extend the moratorium, with a second from Kurz_ The motion passed (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 Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7.33 p.m. Attest: ammy agel, epu Town Clerk Res ully ubmitted, Andrew P. Daly, Mayor C O Town Council Meeting Minutes of June 16, 2015 Page 4