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HomeMy WebLinkAbout2015-07-07 Town Council MinutesVail Town Council Meeting Minutes Tuesday, July 7, 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 Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation and several residents were present to speak as follows: Mery Lapin, resident, commented on several items related to the redevelopment of the Vail Valley Medical Center. He suggested the agreement should address 1) what happens if there is a change in ownership of the hospital, would the town have any opportunity to influence what would happen and 2) how the specialty services should always be provided at the hospital. It was noted the current agreement only addresses the public improvements for the west wing remodel. Rick Sackbauer, Eagle River Water & Sanitation District, noted that a joint meeting would be held on July 23 with Upper Eagle Regional Authority to continue discussions about their policies addressing the Rocky Mountain Recreation & Wilderness Preservation Act. Kevin Foley, resident, expressed commendations for a great July 4th America Days weekend. He also noted there are some sprinkler systems along the bike trail that should be buried. It was noted by Public Works Director Greg Hall that the location of the system is temporary and the system would be buried once the vegetation had been reestablished. The second item on the agenda was Kerry Donovan, Colorado State Senator for District 5 whop presented a 2015 State Legislative update and feedback session. Topics discussed included: 1. Why chain law legislation did not get enacted. 2. The urban renewal legislation and confusing impacts to local government. 3. Water rights and ski industry's ability to use water as governed by USFS. 4. CDOT and new director The Town Council expressed support and thanks to Donovan for her work at the legislature. Town Council Meeting Minutes of July 7, 2015 Page 1 8/ 18/2015 The third item on the agenda was the Consent Agenda: 1) Minutes from June 2, 2015 meeting Moffet moved to approve the June 2, 2015 minutes; Kurz seconded the motion and it passed unanimously (7-0). 2) Minutes from June 16, 2015 meeting Moffet moved to approved the June 16, 2015 minutes; Kurz seconded the motion and it passed unanimously (7-0). 3) Award 2015 Slurry Seal Project Contract Bugby moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal Co. to complete the 2015 Vail Slurry Seal Project in the amount not to exceed $137,480.00. Moffet seconded the motion and it passed unanimously (7-0). 4) Award Ford Park Hillside Re -vegetation Contract Moffet moved to award the contract for the Ford Park Hillside Revegetation Project to SHC Nursery and Landscape in the amount of $59,818.80. Bugby seconded with some comments made related to the cinder removal. Todd Oppenheimer, Town of Vail Capital Project Manager/Landscape Architect, presented information about the comments and suggestions provided from the consultant. The motion passed unanimously (7-0). The fourth item on the agenda was the any action as a result of executive session; no actions were made. The fifth item on the agenda was Town Manager's Report 1) Update about San Miguel de Allende Mexico delegation's July visit and the public meeting to consider the Sisterhood Agreement on Thursday, July 17, 2015. 2) Suggested topics for July 21 meeting with Avon Town Council (Avon's suggested topics: worker housing, transit, and coordination of Special Events ad Festivals) The sixth item on the agenda was a presentation and request to approve final design for Lionshead Skatepark, project budget and award of construction contract. Oppenheimer and Jaxon Statzell, California Skateparks, addressed the town council on three issues concerning the design and construction of a permanent skatepark in the gap between the north and south sides of the Lionshead Parking Structure. It was noted they were requesting feedback about the following items: 1 Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738. 3. Amend the overall budget by $1,468,278 for a total budget of $1,618,278 for the skatepark 4. Provide direction if the Council would like staff to further investigate the idea of snowmelting the skatepark Some background was presented about the numerous workshops and council meetings held to discuss the project. Cameron Chaney, resident and avid skateboarder, was acknowledged as having the idea for this location. Final costs for all construction and design were presented and broken down as follows. It was also noted there is an option available to include snowmelt in the skatepark area. This would result in a budget increase of $154,000 to $193,000. The cost of the boiler and modifications to the existing boiler room are not included. Annual operational cost for Town Council Meeting Minutes of July 7, 2015 Page 2 8/18/2015 town -wide snowmelt areas are currently $3.00 per square foot. The cost of snowmelting the skatepark area would be approximately $23,000 per year Skatepark design and public process $ 83,500 Skatepark and general construction complete per design $1,258,738 Integrated Public Art $ 50,000 Engineering and Code Analysis $ 50,840 Landscape and Irrigation per DRB $ 30,000 Continaencv $ 145,200 Total $1,618,278 Council input was given and there was generally strong support to proceed. Some members, Rogers and Daly, were not in support of the proposed snowmelt for the project because of the increase with the carbon footprint, and others requested more detailed information about the proposal and costs. There was discussion about the landscaping, drainage, management and maintenance of the park. Vail Recreation District would provide oversight of this park upon completion. Daly asked for public comments at this time. ■ Robert, avid skateboarder, suggested the snow melt idea transforms the park into a true skate park destination. ■ Allison Wadey, local parent, requested that benches for spectators / moms be placed in favorable areas such as the more sunny locations. ■ CJ Poole, Vail Recreation District skateboard park teacher, expressed the need for something for young people to do and this park offers that amenity. ■ Kevin Foley, resident, noted the park was long overdue, kids deserve it, and it should be built to Vail standards. ■ Lou Maslek, resident, supported the great idea and the project; interested in knowing more about the snowmelt proposal. Daly inquired about an operating agreement between the town and VRD, something that would need to be considered very soon. Bugby commented about some of the design components including the vertical drop and request for more viewing and staging area locations. Rogers spoke about the Art in Public Places component noting that there have been application submittals, but there may be a need to increase the budget in light of the challenges faced by the artists with the space (increase of $50K proposed). Moffet moved to approve the following: 1. the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops; 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738; 3. Amend the overall project budget by $1,468,278 for a total budget of $1,618,278 for the skatepark; 4. Direct staff to further investigate installing snowmelt at the park; and 5. add an additional $50K to be committed to art for the project Rogers seconded the motion and it passed unanimously (7-0). Council thanked the group for their extraordinary efforts with the project with a special thanks to Chaney for his work in getting people and kids involved in the process. The seventh item on the agenda was Resolution No. 18, Series of 2015, A resolution of the Vail Town Council directing the Town Manager to sign a development agreement by and between Town Council Meeting Minutes of July 7, 2015 Page 3 8/18/2015 the Town of Vail and the Vail Valley Medical Center; and setting forth details in regard thereto, as presented by George Ruther, Director of Community. Ruther noted the Town must ensure that both the West Wing and the East Wing of the WMC redevelopment are completed, and that certain obligations of WMC are addressed. It was noted that after a long public process staff's recommendation is to execute the resolution and authorize the Town Manager to sign the agreement. There was further discussion about the contract as not being revocable if there was a third party agreement. Town Attorney Matt Mire noted some sections that would speak to that concern. There were also some technical corrections raised by Daly as well as a decision about who would conduct the audits required per the contract. Moffet moved to approve Resolution No. 18 with the changes agreed upon in paragraphs 3, 5, and 6; Bugby seconded the motion. Public input was given by Jim Lamont, Vail Homeowners Association, who spoke about his concerns that the roundabout costs and those responsible for those costs are not explicit in the agreement. There was a brief description of the traffic impact fees when imposed would cover these project costs. The motion passed unanimously (7-0). The eighth item on the agenda was the First reading of Ordinance No. 7, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. Kathleen Halloran, Finance Director presented the memo addressing the ordinance which allows for newly identified projects or unforeseen changes to budget and "off cycle request for contributions" to be reviewed by town council. Questions were raised about the following: $100,000 increase to capital street maintenance for an unexpected glycol spill caused by an underground pipe leak that needed immediate attention. The spill was not covered by our insurance. There was information provided by Public Works Director as to what happened and discussion about how to avoid another leak that might potentially spill into the creek. Off cycle contribution request made by: The Eagle Air Alliance is requesting a cash contribution of $25,000 to add a new flight guarantee for Oakland California on Allegiant airline. As of June 26, the Air Alliance notified us that the amount requested will decrease due to Allegiant not being able to start service until February (original request was for December). The VCBA is requesting a cash contribution of $25,000 to help offset the cost of advertising to the business partners who participate in the publication The Vail Valley Trail Connection is requesting a cash contribution of $15,000 to work toward the goal of being designated a Gold Medal Ride Center by the IMBA (International Mountain Bike Assn) and for overall work to improve trails throughout the Vail Valley Bugby requested to amend the supplemental budget requests funding the off cycle businesses; Bruno was in support of the amendment as well. Moffet moved to approve Ordinance No. 7 and incorporate the funding of the off cycle contributions listed, and direction to staff inform them at second reading further information about funding partners for the EGE Air Alliance and the Vail Valley Trail Connection. Rogers seconded the motion. There was further council discussion about the VCBA request with some members (Bruno and Bugby) in support of funding the full amount of $25K and some members (Rogers and Moffet) not seeing the need for government to fund this publication and Chapin who requested more detailed information from the VCBA about the publication and its benefits to the business owners. Daly noted the $8500 funding for VCBA Town Council Meeting Minutes of July 7, 2015 Page 4 8/18/2015 could be increased at second reading. The motion passed unanimously. There was no public input on this topic. The ninth 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) presented by George Ruther, Director of Community Development. It was noted that on June 16, 2015 the Vail Town Council held a public hearing on the first reading of Ordinance No. 8, Series of 2015. Following discussion and public comment, the Vail Town Council approved Ordinance No. 8 Series of 2015, as presented. Ruther noted the ban was set until October 6, 2015 (60 days). Council commented on the topic with highlights as follows: Chapin expressed concerns, wondered about missed revenues, but questioned if this type of business really fits Vail's brand. He noted the federal government and banking industry still do not recognize the business as legal anq legitimate. He expressed possibly extending a ban to 3 years and hold off on a pecma,A e,h4 .. Rogers expressed a need for mQ�{{e information about other communities that have enacted the legislation allowing and regAtinip m r ua#oO She preferred to hear from Breckenridge, Aspen, Nederland with feedbac b&tle success and failure of their implementations. Bugby supported the current ordin ompt attention to enacting a permanent ban. Daly spoke about Vail's brand and sees more risk with allowing these businesses. He was not interested in hearing from other communities as Vail does not really compare to them. Moffet moved to approve Ordinance No. 8; Rogers seconded the motion. Public input was taken and Bob Armour, resident, encouraged the council to act on the legislation before them now and consider a permanent ban on marijuana with future legislation. The motion passed unanimously (7-0). Both Bugby and Moffet supported drafting the legislation for the next meeting, however, there were differing positions on whether the ban be permanent or include a shorter timeframe. In summary, there was consensus from the group to direct staff to draft legislation banning marijuana for the next council meeting but allow for further consideration and discussion about the timeframe of the ban. Ruther presented public input with an email that was submitted to his office. The tenth item on the agenda was Ordinance No. 9, Series of 2015, First Reading, an Ordinance establishing deadlines for the circulation and filing of candidate nomination petitions for the November 3, 2015 Regular Town Election. Patty McKenny, Town Clerk, asked for Town Council's consideration of the ordinance which would revise the nomination petition circulation dates from August to September and address the mailing and receipt of ballots from active military or overseas voters. In light of recent Title 31 election law changes from the passage of HB 15-1130 there were changes to the nomination petition circulation dates to August instead of September. This ordinance, if adopted, would set forth the original nomination petition circulation dates which begin on the fiftieth day prior to election day and ending on the thirtieth day before the election (September 14 through October 2). It was confirmed dates were consistent with prior elections Bugby moved to approve Ordinance No. 9; Moffet seconded the motion. Jim Lamont, Vail Homeowners Association, asked what the deadline would be if the council were to set a mail ballot election instead; the clerk noted she would need to check the date. Lamont then asked council to reconsider holding a mail ballot election because Town Council Meeting Minutes of July 7, 2015 Page 5 8/18/2015 participation tends to be higher and a longer electoral period tends to be more beneficial to the voters. The motion passed unanimously (7-0). The eleventh 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 8:45 p.m. Respec ly bmitted, 2 Attest: Andrew P. Daly, Mayof/ Patty nny, Town r:... F V SEAL Town Council Meeting Minutes of July 7, 2015 Page 6 8/18/2015