HomeMy WebLinkAbout2018-02-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 6, 2018
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.
1.
2.
Members present:
Absent:
Staff members present
Citizen Participation
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Chris Fitzgerald, resident, expressed appreciation for the change in the the bus route,
express bus to West Vail and for the recent workshop about wildlife impacts and violations
occurring on the closed trails. He asked that there be better enforcement, installation of a
gate, that would better indicate trails are closed.
Tom Vucich, East Vail resident, encouraged the council to learn more about the recent wildlife
forum and the information presented. The meeting was a citizen -driven outcome of the Open
Lands Update process and he noted the findings should be incorporated in plan. He expressed
his opposition to the trails and requested more round table opportunities be held for this
discussion.
Proclamations
2.1. Proclamation No. 1, Series of 2018, Recognizing Vail Valley Athletes Participating
in 2018 Olympics to be held in PyeongChang, South Korea
Council members and the Mayor read the proclamation and extended their wishes of luck to the
Olympic contingent.
3. Consent Agenda
3.1. Minutes from December 19, 2017 Council Meeting
Bruno moved to approve the December 19 minutes; Foley seconded the motion and it passed
(6-0).
Town Council Meeting Minutes of February 6, 2018 Page 1
3.2. Minutes from January 2, 2018 Council Meeting
Bruno moved to approve the January 2 minutes; Langmaid seconded the motion and it passed
(6-0).
3.3. Minutes from January 16, 2018 Council Meeting
Bruno moved to approve the January 16 minutes; Mason seconded the motion and it passed (5-
0-1; Foley abstained).
3.4. Resolution No. 8, Series of 2018, A Resolution of the Vail Town Council Authorizing the
Purchase and Accepting a Deed for Lot 1, Bighorn Subdivsion Second Addition
Bruno moved to approve Resolution No. 8; Langmaid seconded the motion and it passed (6-0).
Foley noted the location of the property as the corner of Bighorn Road and Bridge Road in East
Vail as well as the amount of $150,000 to purchase the property, in an effort to compete a joint
project with Eagle River Water & Sanitation District.
3.5. Vail Roundabout Concrete & Stone Repair Contract Award
Bruno moved o direct the Town Manager to enter into a contract with Kraemer North America,
LLC in the amount of $254,526.00 to complete the West Vail Roundabout Concrete & Stone
Repair Project; Langmaid seconded the motion and it passed (6-0). There was a brief
discussion about why CDOT would not be paying or completing the work; Kassmel noted that
the ownership is with the town of Vail.
4. Town Manager Report
4.1. Town Manager's Report
Highlights from the report included:
✓ Upcoming joint meeting with Eagle County Board of Commissioners
✓ Short term rentals public meetings to be held 2/13 & 2/14
✓ Timber Ridge operating committee met to review
✓ Update on RFP process for an upcoming town compensation study
5. Action Items
5.1. Ordinance No. 2, Series of 2018, First Reading, An Ordinance Amending Chapter 9
of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-
9-10, Concerning the Sealing and Expungment of Criminal Records
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 2,
Series of 2018, upon first reading.
Background: Senate Bill 16-116 provided a simplified process for sealing criminal justice
records by providing defendants an option to immediately petition the court for a sealing order
and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13-
122(13), a municipal court may seal criminal records concerning illegal possession or
consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series
2018 provides a procedure to seal or expunge certain criminal records in accordance with such
legislation.
Town Council Meeting Minutes of February 6, 2018 Page 2
Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon first reading.
Town Attorney Matt Mire presented a summary about the legislation which was requested by
the Court. Judge Buck Allen noted some background about the need for sealing records for
underage people as a a preferred process by the Court. A public comment was made by
Michael Cacioppo about whether or not the juvenile would have to request that records be
expunged; it was noted the expungnment of the records is automatic. Foley moved to approve
Ordinance No. 2, Series of 2018, First Reading, An Ordinance Amending Chapter 9 of Title 1 of
the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning
the Sealing and Expungment of Criminal Records. Mason seconded the motion and it passed
(6-0).
6.2. Ordinance No. 3, Series of 2018, First Reading, An Ordinance Amending Title 7,
Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding
Driving Under Restraint
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 3,
Series of 2018 upon first reading.
Background: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017,
concerning action that can be taken against an individual based on the individual's failure to pay
for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill
17-1162 authorizing municipal enforcement of driving under restraint or suspension.
Staff Recommendation: Approve Ordinance No. 3, Series of 2018 upon first reading.
It was noted that this legislation was approved at the State legislature, and the town's ordinance
would bring the court in compliance with the State Statutes. Judge Allen noted the process is
helpful in helping the courts manage the outstanding judgment's and warrants. Foley moved to
approve Ordinance No. 3, Series of 2018, First Reading, An Ordinance Amending Title 7,
Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding
Driving Under Restraint. Mason seconded the motion and it passed (6-0). There was no public
comment at this time.
5.3. Ordinance No. 4, Series of 2018, First Reading, An Ordinance Amending Title 10 of
the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the
Cultivation of Marijuana on Residential Property
Presenter(s): Dwight Henninger, Chief of Police and Matt Mire, town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4,
Series of 2018 upon first reading.
Background: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both
medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature.
As a result of new legislation, without local regulation, the 6-plant limitation could be increased
to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of
Town Council Meeting Minutes of February 6, 2018 Page 3
marijuana plants that may be cultivated on residential property to 6, and further adopts
regulations to limit the impacts of such cultivation on surrounding areas.
Staff Recommendation: Approve Ordinance No. 4, Series of 2018 upon first reading.
It was noted that this legislation was approved at the State legislature, and the town's ordinance
would bring the court in compliance with the State Statutes. Foley moved to approve Ordinance
No. 4, Series of 2018, First Reading, An Ordinance Amending Title 10 of the Town of Vail
Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on
Residential Property. Bruno seconded the motion and it passed (6-0).
5.4. Permission to Proceed - T-Mobile Antennas at Middle Creek Village
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Community Development Department requests that the Town
Council evaluate the proposal to use Town of Vail property for the purpose of installing T-Mobile
West communications antennas and appurtenant equipment.
Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located
at 501 N. Frontage Road West with a new employee housing building containing 65 units.
Demolition of the existing Solar Vail building containing T-Mobile West equipment will likely
happen in spring 2018. Prior to demolition, T-Mobile West needs to replace its equipment in a
new location within the vicinity of Solar Vail, and has determined that the Middle Creek Village
property meets their requirements for location and height in order to maintain coverage to the
east and west on 1-70, as well as portions of the Town and lower potions of the ski lifts.
Staff Recommendation: The Community Development Department recommends that the Vail
Town Council instructs Town Staff to sign the development application on behalf of the property
owner and permit the development to proceed through the development review process for the
proposed improvements.
Planning Manager Chris Neubecker presented a summary of the request noting that as the
property owner, the town would have to agree to proceed through a development process with
an application related to relocating some vertical panels associated with the wireless mobile
equipment. It was noted the application would continue through the DRB process. No public
comments were made on this topic. Bruno moved to approve the request for permission to
proceed through the development process related to the T-Mobile Antennas at Middle Creek
Village; Foley seconded the motion and it passed (6-0).
5.5. Permission to Proceed through the Development Process - Solar Vail - 501 N.
Frontage Road West
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Community Development Department requests that the Town
Council evaluate the proposal to utilize Town of Vail property for the purposes of emergency
vehicle and trash truck access for the redevelopment of Solar Vail and for installation of
landscaping.
Town Council Meeting Minutes of February 6, 2018 Page 4
Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located
at 501 N. Frontage Road West with a new employee housing building containing 65 units. As
the design of the building continues to evolve, the applicant has determined that a driveway
connection from the west, through the Red Sandstone Elementary School site, would improve
circulation for emergency vehicles and trash trucks. This design mitigates the need for a large
fire truck turn -around, which was not otherwise practical.
Staff Recommendation: The Community Development Department recommends that the Vail
Town Council instruct Town Staff to sign the development application on behalf of the property
owner and permit the development to proceed through the development review process for the
proposed driveway and landscaping improvements.
Planning Manager Chris Neubecker presented a summary of the request noting that as the
property owner, the town would have to agree to proceed through a development process with
an application associated with allowing emergency vehicle and trash truck access for the
redevelopment of Solar Vail. He noted that at this time, the motion is not for an "approval" and
council could serve as a quasi-judicial judge on the topic if a decision is "called -up". It was also
noted the matter would require an amendment to the school lease as well between town and the
school district and Solar Vail ownership. There was no public comment on the topic. Foley
moved to approve the request for permission to proceed through the development process
related to Solar Vail - 501 N. Frontage Road West and the proposed driveway and landscaping
improvements. Bruno seconded the motion and it passed (6-0).
Foley expressed appreciation on behalf of the Bart & Yeti's community for the town's
condolences for their good friend and employee Maldwyn Zang who recently passed away. He
thanked everyone in the Vail community especially the Vail Police Department and all the
emergency services responders for their support.
There being no further business to come before the council, Foley moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 7:00 p.m.
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Attest:
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Town Council Meeting Minutes of February 6, 2018 Page 5