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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. ally 4brnitted, r Attest: ave Chapin, ayor Pa - McKe ny, Tow rk �N OP ! _ c �A0RAT��/ Town Council Meeting Minutes of February 6, 2018 Page 5