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HomeMy WebLinkAbout2016-09-20 Town Council MinutesVail Town Council Meeting Minutes Tuesday, September 20, 2016 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 Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Dick Cleveland Kevin Foley Jen Mason Greg Moffet Absent: Kim Langmaid Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There were no comments made during citizen participation. 2. Consent Agenda 2.1. Resolution No. 28, Series of 2016, A Resolution of the Vail Town Council Authorizing the Town Manager to Grant Certain Utility and Access Easements Necessary for Chamonix Project Background: The Town of Vail owns certain real property more particularly described as Parcel B, a Resubdivision of Tract D, a Resubdivision of Vail Das Shone Filing 1, a Resubdivision of Parcels A & B, according to the Correction Plat thereof, situated in Section 11, Township 5 South, Range 81 West of the 6th Principal Meridian in the Town of Vail, County of Eagle, Colorado (the "Chamonix Property"). The Chamonix Project will require certain utility easements, the exact locations of which are unknown at this point in time, as well as associated access easements. Moffet moved to approve Resolution No. 28, Series of 2016; Foley seconded the motion and it passed (6-0). 2.2. Comprehensive Open Lands Plan Contract Award Background: The Comprehensive Open Lands Plan will be updated as directed by Town Council with a public process taking place over the next six to seven months. Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Braun Associates Inc. for the Comprehensive Open Lands Plan Update to include the planning process, plan preparation and plan adoption in the amount not to exceed $85,000. Bruno seconded the motion and it passed (6-0). Town Council Meeting Minutes of September 20, 2016 Page 1 3. Town Manager Report Town Manager noted several tickets were available for the Colorado Ski and Snowboard Hall of Fame Induction Gala taking place in Vail on Oct 1. 4. Action Items 4.1. Ordinance No. 21, Series of 2016, First Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES) Presenter(s): Craig Bettis, Commander, VPD Background: Unmanned aircraft systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. The Town Council finds that recreational UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground. The Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of recreational UAS in the Town. Bettis differentiated between the commercial vs. recreational drone operations; the council packet memo presented some of the discrepancies. He noted the ordinance addresses which areas of air space would be restricted from recreational use of drones and that the FAA regulates commercial use of drones (license required). He noted the ordinance identifies what is acceptable for recreational drone usage in the town, as follows: Recreational drones, under the Town's ordinance, must: ■ be flown below a maximum altitude of 400 feet above the ground; ■ weigh no more than 55 pounds at the time of operation, inclusive of equipment, ■ payload and fuel; ■ be flown within the visual line of sight of the person operating the drone; ■ not be operated over any person not directly involved in the operation; ■ not be flown near pedestrians, bicyclists, motorists, roadways, parking lots, playgrounds, stadiums, sporting events, festivals or other open air assembly of persons, or areas or special events subject to an FAA notice of temporary flight restriction; ■ remain clear of and not interfere with manned aircraft operations or other drones; ■ be operated during daylight hours only; ■ not be operated from a moving vehicle or other aircraft; ■ be operated in compliance with all applicable law, including any regulations adopted by the FAA; ■ not be operated in a reckless or careless manner so as to endanger the health, safety or well-being of persons or property; and ■ not be operated in pedestrian areas of Vail Village, Lionshead Village, including the town owned parking structures in both Vail and Lionshead, Ford Park and the area immediately surrounding the Vail Valley Medical Center Heli-Port; provided that The Town's drone regulations to not apply to law enforcement or emergency services operations. Chapin asked for public comment, no public comments were made. Moffet moved to approve Ordinance No. 21, Series of 2016, First Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES). Bruno seconded the motion and it passed (6-0). Town Council Meeting Minutes of September 20, 2016 Page 2 4.2. Ordinance No. 22, Series of 2016, First Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking Presenter(s): Dwight Henninger, Police Chief and Matt Mire, Town Attorney Background: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. Town Attorney presented the ordinance that included numerous definitions, prohibitions and permitted areas of smoking. Prohibited areas included: A. Public Places: Smoking is prohibited in any public place. B. Entryways: Smoking is prohibited within fifteen (15) feet of any entryway. C. Outdoor areas: Smoking is prohibited within fifteen (15) feet of any outdoor patio or deck designated as an area for the consumption of food or drinks. D. Posted Areas: Smoking is prohibited in designated "no smoking" areas as set forth in Sections 5-4-3 and 5-4-5. E. Other Areas: Smoking is prohibited in those areas where smoking is prohibited by state law, fire code regulations, or other regulations of the Town. There was a comment about the regulations applying to bus stops and it was noted the bus location was not included with this legislation. Moffet expressed his concern that the language was not stringent enough (15 foot rule is not restrictive enough) and therefore did not support the ordinance. There were some comments about why the town did not want to adopt the "25 foot rule" (Eagle County and Avon regulations) but it was suggested that Vail's topography was not aligned well with using the 15 foot distance. Chapin asked for public input; there was no public comment. Foley moved to approve Ordinance No. 22, Series of 2016, First Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking; Bruno seconded the motion and it passed 5-1 (Moffet — no). 5. Public Hearings 5.2. Ordinance No. 23, Series 2016, Second Reading, An Ordinance to Amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program (Exchange Program), Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, Concerning the Payment of Fees in Lieu of Providing Employee Housing and Setting Forth Details in Regard Thereto. Presenter(s): Alan Nazzaro, Housing Manager Background: In February of 2016, the Town Council requested background information and began discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of employee housing impacts (Vail Town Code Sections 12-23, 12-24) and the Employee Housing Unit (EHU) Exchange Program (Section 12-13-5). Several work sessions have been held since then, including a joint work session with the Vail Local Housing Authority (VLHA) to determine what changes could be made to improve performance towards meeting the goals of the program. The VLHA made recommendations and the PEC concurred with those recommendations. Town Council Meeting Minutes of September 20, 2016 Page 3 There were no changes from first reading. Moffet moved to approve Ordinance No.23, Series of 2016, with the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Foley seconded the motion and it passed (6-0). No public comments were given. 5.3. Ordinance No. 24, Series 2016, Second Reading, An Ordinance Amending Sections of Chapter 2 in the Vail Town Code to Update the Investment Policy for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director Background: The town's investment policy has not been updated in over 15 years. The proposed ordinance will update the policy to slightly broaden categories of investments that the town is allowed to participate in, as well as make administrative updates. There was a proposal from Moffet to remove "repurchase agreements" from the list of "suitable and authorized investments" included in the ordinance. Moffet moved to approve Ordinance No. 24, Series of 2016; Foley seconded the motion and it passed (6-0). There was no public comment on this topic. 5.4. Ordinance No. 25, Series of 2016, Second Reading, An Ordinance Amending Sections 10- 1-2, 10-1-3 and 14-10-5 of the Vail Town Code Related to Wildland Fire Resistant Building Practices Presenter(s): Jonathan Spence, Planner Background: The purpose of these amendments is to relocate language concerning technical matters related to roofing to the Building Code while maintaining design related matters within the Design Standards. In addition, the amendments clarify allowable roofing materials, proposes a reduction in allowable roof repairs of nonconforming roofs before the requirement that a roof be replaced in its entirety is triggered and encourages the use of ignition resistant building materials. It was noted by Planning Manager Chris Neubecker that no changes were made from first reading. There were no public comments on the topic. Moffet moved to approve Ordinance No. 25, Series of 2016; Cleveland seconded the motion and it passed (6-0). 5.1. Ordinance No. 20, Series of 2016 - Second Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto Presenter(s): Matt Panfil, Planner Town Council Meeting Minutes of September 20, 2016 Page 4 Action Requested of Council: To approve an amendment to SDD No. 24, Warner Development, to remove Section 5, Item 3 requiring the indoor pool area on the subject property to be permanently restricted to use a pool. Background: When SDD No. 24, Warner Development, was approved in 1990, the subject property deviated from the underlying Two -Family Primary/Secondary Residential (PS) District in regards to gross residential floor area (GRFA) and site coverage. As part of the approval it was conditioned that the indoor pool area permanently be restricted to use as a pool. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject property now having an excess amount of allowable GRFA. Chapin opened the public hearing with a reading of the title of Ordinance No. 20, Series of 2016. Matt Panfil, Planner, presented the application with a note about the changes from first reading, as follows: At the first reading, the Vail Town Council approved a condition of approval in order that all employee housing units (EHUs) within the SDD (Lots 3, 4, and 5) be required to be leased and a deed restriction agreement for the occupancy, rental and transfer of a Type II I Employee Housing Unit, as is currently defined by Vail Town Code, be submitted by each of the respective owners prior to the effective date of the SDD Ordinance. In response, the applicant has indicated that the above referenced condition of approval would result in the withdrawal of their application. Instead, the applicant offers to accept the condition of approval to submit an updated deed restriction agreement for the occupancy, rental and transfer of a Type III Employee Housing Unit, as is currently defined by Vail Town Code, for Lot 4, but not Lots 3 and 5. The Vail Local Housing Authority (VLHA) has submitted a letter in support of the applicant's proposal and has suggested an updated condition of approval. He also spoke about the review made by the Vail Local Housing Authority and basis for their recommendation for a condition to an approval. There were several reasons identified for the basis of the recommendation by VLHA — 1 . Under the Town Council's previously approved condition of approval, it is unlikely that any of the three (3) EHU deed restrictions will be updated. The result could be a lose -lose scenario in which the units are never occupied by local employees; 2. The VLHA's suggested condition of approval ensures that at least one (1) of the three (3) EHUs will be occupied and allows for the other two (2) EHUs to be updated at a later date; and 3. Any EHU exchange is still subject to Town Council approval. Staff also noted because the GRFA on Lots 3 and 5 are limited by the existing SDD language to an amount below the underlying zoning district, there may be a future opportunity to update their EHU deed restrictions. If the owners of Lots 3 and 5 want to use the GRFA allowed by the underlying zone district, the Town Council may consider such a request in exchange for updating their EHU deed restrictions. Chapin asked if the applicant wanted to present their position on the application; the applicant was not present. It was noted by Panfil that the applicant preferred to withdraw their request and preferred to only update Lot 4 and not Lots 3 and 5. There was discussion about requiring upfront the Type III EHU for all three lots. Moffet moved to approve Ordinance No. 20, Series of 2016 - Second Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto, and additionally, two deed restriction agreements for the occupancy, rental and Town Council Meeting Minutes of September 20, 2016 Page S transfer of a Type III Employee Housing Unit, as is defined on the effective date of this ordinance and located within the Town of Vail, shall be submitted by the owner to the Town of Vail and said agreements shall be reviewed, approved and recorded prior to the effective date of this ordinance." Cleveland seconded the motion. Both Foley and Mason expressed concerns about the applicant not being present. The motion passed 4 to 2; (Bruno, Chapin, Cleveland, Moffet, - yes; Foley and Mason - no). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 6:35 p.m. Attest: Patty(M-cl< ny, T Respectfully S itt < ,,)- Dave Chapin, Mayor Town Council Meeting Minutes of September 20, 2016 Page 6