HomeMy WebLinkAbout1997-09-16 Town Council Minutes•
MINUTES
VAI.L TOWN COUNCIL MEETING
TUESDAY, SEPTEMBER 16, 1997
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, September 16, 1997, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at
approximately 7:30 P.M.
MEMBERS PRESENT: Bob Armour, Mayor
Sybill Navas, Mayor .Pro -tern
Rob Ford
Michael Jewett
Kevin Foley
MEMBERS ABSENT: Paul Johnston
Ludwig Kurz
TOWN OFFICIALS PRESENT: Pam Brandmeyer, Assistant Town Manager
Tom Moorhead, Town Attorney
First item on the agenda was Citizen Participation. Eileen Connors addressed the Council
regarding the letter she submitted to the Town and Vail Associates expressing her discontent with
Vail's environmental health issues in the Town. She stated her concerns have gone unanswered
for four years and felt it was necessary to air her views over the Internet. She felt Vail had tried
to get by with low level environmental actions -refusing to change cleaning chemical products,
use of paper products, etc. The proposed Category III was also an issue, stating the Town could
not consider itself environmentally sensitive by allowing this to happen. Ms. Connors stated her
Website would state what the town has not done for 4 years. Copies of Ms. Connors letter have
been sent to the local papers as well as the media.
The second item on the agenda was the consent agenda approving the Minutes from the August 5
and 19, 1997, Council meetings. Councilmember Navas made a motion to approve the minutes
with an addition to the August 19, 1997, minutes and Councilmember Jewett seconded the
motion. A vote was taken and the motion passed unanimously.
The third item on the agenda was an overview of the Vail Youth Award recipients' trip to Mt.
Buller, Australia. Assistant Town Manager, Pam Brandmeyer, introduced Alissa Ferri and Chad
Sewell, winners of the award, to the Council. Chad and Alissa gave overviews of their trip,
stating they both felt it was an outstanding experience and they had made some Gfe-long
friendships and had improved their leadership skills and independency. Mayor Armour thanked
Chad and Alissa for coming in and congratulated them again on their award.
The fourth item on the agenda was the Public Parking Hearing. Larry Grafel, Public Works
Director, addressed the Council, giving an overview of the recommended rates, strategy and
policies. Grafel stated this was not a decision making night -only information gathering. Some
of the options being looked at were retention of the 90 minute free parking program, a reduction
of the cost to park for 90 minutes to 2 hours (from $3 to $2); an increase in hourly parking rates
beginning at the 2 hour mark; retention of the Park Free After Three program; continuation of the
gold card, blue pass and debit cards; retention of Ford Park as a "free" lot; and consideration of
use of the soccer field as a valet parking lot. Much discussion followed regarding the structure of
parking fees. The Council expressed interest in looking at a flat rate proposed by Stan Cope, a
member of the Town of Vail -Vail Associates Community Task Force. His proposal included a fee
of $2 for up to 3 hours; $5 for 3 to 5 hours; $8 for 5 to 7 hours, $I I for 8 to 11 hours, and $14
for 11 or more hours. Mike Rose, Transportation Director, gave breakdowns of parking fees
collected for the 1996-1997 parking season. Chris Anderson, Finance and Budget Manager,
reviewed parking pass fees and procedures for the two parking structures. Councilmember Jewett
made a motion to run the numbers for the period of time the Free After Three program was in
effect, to compare the numbers to the fees proposed to Cope's configuration. Councilmember
Navas seconded the motion. A vote was taken and the motion passed 4-1, Mayor Armour voting
against, stating that he felt Stan Cope's numbers were close enough for a comparison. Blue
passes, gold passes and debit card rates were recommended to stay the same as last year, with
restrictions on the Village parking structure, as well as setting limits on purchases. Refunds
would be carried over to the following season. Ron Riley, local restauranteur, expressed his
support of the soccer field being used for valet parking, as well as supporting the charge of $1 per
day for summer parking. Riley felt the Free After Three program had definitely helped keep
people in the village this past winter and encouraged implementing it again this season. Debra
Warren, Mountain Valet, stated she presently ran a valet service out of Beaver Creek and was
interested in the soccer field being designated for valet parking. Joe Macy, representing Vail
Associates, voiced his concern regarding the closure of the soccer field to employee parking, as
this was one of the major reasons employees are going down valley. Mayor Armour inquired
about excess revenues collected from the parking structure being applied to the debt service.
Steve Thompson, Finance Director, stated these funds would go into the fund balance. Summer
parking charges were discussed. Councilmember Michael Jewett stated his disapproval of prior
councils' payment structure for the parking structure, keeping the payments low during their term
of office, having the payments escalate after their term had expired. There was discussion
regarding security in structures, lighting, hostess program, carpooling, ticketing for taking up
more than one space. Lary Grafel stated his department would like a decision from the Town
Council regarding parking rates at next week's meeting .
The fifth item on the agenda was the first reading of Ordinance 17, Scries of 1997, an ordinance
amending section 10.08.130 Town Attorney, Tom Moorhead, presented the ordinance to
Council, stating there were two new violations being added to the code, those being one for
parking illegally in the Village core and Lionshead, which provides a reasonable basis for a penalty
assessment higher than the $16 charged. Moorhead stated that parking was being done in a
manner that interfered with street maintenance and snow removal. He felt that there was
reasonable justification for higher rates. Moorhead stated that the Town Manager and/or Chief of
Police had the authority to declare an emergency and allow parking on the street where not
primarily allowed. In the past, decisions had been made but no there was no justification in the
town code. This ordinance would give that authority. Chief of Police Greg Morrison and
Municipal Judge Buck Allen were present to answer any questions. Councilmember Navas
questioned Tom Moorhead on the possibility of ticketing cars in the parking structure that took
up two places. Moorhead stated it was very difficult to determine who started the cycle of
improperly utilizing the markers to know to whom to issue the ticket. Judge Allen stated as
winter went on, more dirt and debris appears on the floor of the structure, making it difficult to
see the markings. Navas then made a motion to approve Ordinance No. 17, Series of 1997, on
first reading. The motion was seconded by Councilmember Jewett and the motion passed
unanimously, 5-0. The ordinance was ordered published in full on first reading.
The sixth item on the agenda was the second reading of Ordinance 16, 1997, an ordinance
amending the Charter of the Town of Vail, changing the designated Town of Vail regular
municipal election date and allowing notification of the sufficiency of initiative or referendum
petitions to be sent to the petitioner's committee by certified mail. Tom Moorhead presented the
Ordinance to the Council, stating that this would coordinate with county elections, remove
confusion over dates, changing Vail's regular municipal election date from the third Tuesday in
November during odd numbered years to the first Tuesday in November during odd numbered
years. The change would coincide with Eagle County coordinated elections. The second issue
would allow for the use of certified mail in place of registered trail for notification as outlined in
the charter. Town Attorney stated that an additional sentence be added to the ordinance, allowing
the Town Council to determine whether an election be held with the Eagle County coordinated
election or as the Town of Vail's own at -the -polls election. Councilmember Jewitt made a motion
to approve Ordinance No. 16, Series of 1997, on second reading, with the inclusion of the
sentence regarding the determination of Vail's election location. Councilmember Rob Ford
seconded the motion. A vote was taken and the motion passed unanimously 5-0. Assistant
Town Manager Brandmeyer stated that Pro -con statements regarding the two charter questions
• were due in the Town Clerk's office prior to October 3, 1997, for this year's municipal election.
The seventh item on the agenda was an appeal to Town Council denying the Frederick driveway
grade variance. George Ruther, Town planner, presented the appeal to Council, giving the
background information in the request for the appeal. Ruther stated the Town of Vail Public
Works Department had approved an unheated driveway grade of 8%, after a site plan and
. topographic survey had been submitted by the applicant and a site visit to the applicant's propetty
had been made. After an inspection of the finished driveway grade was completed by Public
Works in August, the inspection concluded that the finished driveway grade was determined to
have exceeded the allowed maximum grade of 12%, by 5.8%. This was believed to be due to the
applicant choosing to reduce the depth of the excavation for the garage.
The applicant, Dan Frederick, appeared before the Planning and Environmental Commission on
September 8, 1997, requesting a driveway variance for his residence. The request was denied by
the Planning and Environmental Commission, stating the granting of the variance would result in a
grant of special privilege and would be detrimental to the public health, safety and welfare of the
community. George Ruther stated the staff s recommendation was to uphold the PEC decision.
George Ruther stated that Don Eaton, a neighbor across the street from the Frederick residence,
called and stated that he supported the variance, stating that Dan had done a good job of
constructing his home. The applicant, Dan Frederick, addressed the Council, stating that a lot of
things had happened during his construction and apologized for this problem. He stated that
many factors were involved and he now realized he should have sought town approval before
constructing the driveway. Frederick stated he knew the driveway was not according to his
originally approved plans. Discussion followed regarding the extent of the grading of the
• driveway. Councilmember Rob Ford made a motion to uphold the decision of the Planning and
Environmental Commission decision denying the Frederick driveway grade variance request and
Kevin Foley seconded the motion. Town Attorney Moorhead asked if the motion was to include
the staff recommendation as set forth in page 3 section 6 of the staff memorandum to the Town
Council. Councilmember Ford agreed, and restated his motion incorporating the proposed
findings. Councilmember Navas asked the applicant if he had received two variances for that
property in the past, one in relation to GRFA and one pertaining to setback. The applicant
indicated that he had. Councilmember Navas then stated this was a dangerous situation and she
did not see where the applicant should be given any further consideration. Councilmember Foley
stated that he agreed with Councilmember Navas, also stating that he felt the applicant should
have tried to alleviate this problem early on in the process. A vote was taken on the motion and
the vote was unanimous, 5-0, to uphold the Planning and Environmental Commission's decision
denying the variance request.
The eighth item on the agenda was the Town Manager Report - a comment was made by
Council that they were glad to see the popcorn leases resolved.
As there was no further business, Councilmember Rob Ford made a motion to adjourn.
Councilmember Michael Jewett seconded the motion. A vote was taken and the motion passed
unanimously.
Mayor Armour reminded Council of Octoberfest and Vail Tomorrow events over the weekend.
Meeting adjourned at 9:55 p.m.
Respectf ly submitted
Rob rt W. Armour
Mayor
Attest:
•
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Town Clerk
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TOWN OF PAIL
1Wouth Frontage Road
, Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
September 17, 1997
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR SEPTEMBER 16
Work Session Briefs
Council members present: Armour, Foley, Ford, Jewett, Johnston, Navas
--Lunch with the Whistler, British Columbia, Delegation
Vail Mayor Bob Armour and Hugh O'Reilly, mayor of Whistler, exchanged introductory remarks,
after which the 21 participants (including councilmembers from each community and
corresponding department directors) discussed the following topics: resort sustainability,
affordable employee housing and funding mechanisms, parking, regional and internal
• transportation systems, streamwalks, skateboard parks, and conflict of interest standards, to
name a few. Both parties were conclusive in acknowledging that although they are a thousand
miles a part, they are intimately tied to each other through common interests, issues and
problems.
--1998 Capital Projects & Sales Tax Projections
The Council reviewed a list of the proposed capital projects for 1998 which includes a $300,000
set -aside for locals housing in place of heating Slifer Plaza. Also, the Council agreed with a
recommendation by Steve Thompson, finance director, to increase the 1998 sales tax collection
projection to 3.5 percent, up from 2.5 percent. The recommendation is based on an analysis by
Thompson.which shows an average sales tax growth of over 4 percent per year over the last
seven .years. The analysis also shows flattening growth trends in the town's largest sectors: Vail
Village, retail and winter. For a copy of the analysis, contact the Community Information Office
at 479-2115.
--Contribution Requests
The Council approved the following contribution requests for the 1988 budget in the categories
of cultural, economic, educational, health and human services and recreation: Colorado Ski
Museum, 120 parking debits; Bravo! Colorado, $28,500; Chamber of Commerce, $6,000; Vail
Associates cloud seeding, $3,000; Vail Mountain Rescue, $2,000; Vail Valley Foundation,
•$72,500; Learning Tree, $500; Turn it Up Vail, $5,000; Minturn Volunteer Firefighters Assn., 60
parking debits; Jimmie Heuga Center, 70 parking debits; Rotary Club, blue parking pass; and Ski
Club Vail, 4 days of ice time. Contractual arrangements also were approved for the following:
Vail Valley Community Television, $45,000; regional bus contribution (amount to be determined);
Vail Valley Foundation, $112,000; and the Vail Valley Tourism & Convention Bureau., $428,500.
In addition, the Council approved a contribution of $10,000 to the Vail Alpine Garden Foundation
to be placed in escrow. During discussion, Councilmembers spent the bulk of their time
debating the Vail Associates cloud seeding request and the future status of the Vail Valley
Marketing Board. As for cloud seeding, it took more than four tries to break a 3-3 deadlock to
approve a motion to contribute $3,000 to the $100,000-plus program, with Councilmembers
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Council Highlights/Add 1
Johnston and Armour favoring a higher contribution, while Councilmembers Navas, Ford and
Foley favored zero funding. As for the Marketing Board funding --which is yet to be decided by •
the town for 1998-- Councilmembers heard a request from Kaye Ferry of the Vail Village
Merchants Association requesting that a portion of the $300,000-plus business license fee
revenues be withheld from the Marketing Board and Instead used for Vail -based promotions
proposed in a letter to Council by the Village Merchants Association.
During discussion, Ferry said the group was simply returning to the Council after being told a
year ago the issue would be reconsidered along with a directive to the Vail Valley Marketing
Board to find a permanent funding source. While Councilmembers Armour and Navas indicated
positive movement by the Vail Valley Marketing Board, Councilman Rob Ford said he'd had a
change of heart and was willing to consider shifting a portion of the business license fees as the
Village Merchants have requested. After hearing additional discussion from the audience, pro
and con, the matter was scheduled for additional discussion at the Oct. 7 work session. For a
copy of Kaye Ferry's letter, please contact the Community Information Office at 479-2115.
--Discussion of Ordinance No. 17
In preparation for the evening meeting, the Council heard an overview of an ordinance that will
allow parking fines to be increased in Vail Village and Lionshead. Please see evening meeting
briefs for details.
--Schedule for the Locals Housing Strategic Plan
Andy Knudtsen, senior housing policy planner, provided an outline of a process to review and
adopt a locals housing strategic plan. The schedule, as approved yesterday by the Council,
includes a work session with the Council on Sept, 23 to review and approve overarching
objectives; work sessions and review by the Planning Environmental Commission in October;
and final adoption by the Council in November. The plan will serve three objectives, Knudtsen
said: 1) to identify the multiple resources available within the community and how they can be
combined in ways that will be effective; 2) to provide a framework for decision -making, which can
be used by developers, community members and elected officials; and 3) to establish a set of
tools to use for implementation,
--I nformation.Update
Tom Moorhead, town attorney, provided an update on the Booth Falls rock fall mitigation. project.
He said a joint work session between the Council and the Planning and Environmental
Commission would be scheduled Oct. 7 to review the proposed design to allow construction to
proceed as quickly as possible.
In response to a question posed by Pam Brandmeyer, assistant town manager, the Council
agreed to hear appeals of Planning and Environmental Commission decisions at afternoon work
sessions rather than the evening meetings to increase staff efficiencies.
Greg Morrison, police chief, presented an update on the status of Vail's animal control services,
currently provided by Eagle County. The $26,000 contract provides for 600 patrols in Vail each
year; however, records show only 75 patrols have occurred in Vail, thus far. Morrison said the
county will consider providing Vail with a rebate because of the lower -than -agreed -upon service
levels. Meanwhile, Morrison said the county is interested in returning animal control services to
the town. However, Morrison said the transition may prove to be difficult for 1998. He
suggested the transition take place in 1999 if the town decides to provide the service internally.
For more information, contact Morrison at 479-2209.
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--Council Reports
• Council members reported on their recent participation at Trees for Vail, the skate park opening,
the pine beetle meeting and a Lionshead redevelopment meeting.
--Other
Councilman Kevin Foley inquired about an information request he'd made regarding approval of
an awning at Singietrack Sports. Foley also inquired about the opening of the daycare center at
Vail Commons.
Evening Session Briefs
Council members present: Armour, Foley, Ford, Jewett, Navas
--Citizen Participation
Eileen Connors, a local environmental activist, appeared before the Council and complained that
her viewpoint regarding environmental deficiencies have been censured by the community. A
letter outlining her complaints has been distributed to the Vail Town Council and is available for
public distribution. For a copy of the letter, contact the Community Information Office at 479-
2115.
--Overview of Vail Youth Award Recipients
The Council heard from Chad Sewell, a senior at Battle Mountain High School, and Aiissa Ferri,
a senior at Vail Mountain School, regarding their recent student exchange experiences in Mt.
Buller, Australia. Both said the trip was rewarding and that life-long friendships were made.
--Public Parking Hearing
As the parking proposal for the 1997-98 season begins to take shape, Larry Grafel, public
works/transportation director, presented an overview of the possibilities. They include: retention
of the 90 minute free parking program; a reduction of the cost to park from 90 minutes to 2 hours
(from $3 to $2); an increase in hourly parking rates beginning at the 2 hour mark;.retention of the
Park Free After Three program (kicking in at 4:30 following the first free 90 minutes);
continuation of the gold card, blue pass and debit cards; retention of Ford Park as a "free" lot;
and use of the soccer field lot as a valet parking lot. In addition to asking for more revenue
forecasts based on a series of parking rate scenarios, several Councilmembers said they were
intrigued by a flat rate proposal offered by Stan Cope, a member of the TOV-VA Community
Task Force. Cope has proposed a fee of $2 for up to 3 hours; $5 for 3 to 5 hours; $8 for 5 to 7
hours; $11 for 8 to 11 hours; and $14 for 11 or more hours. During citizen discussion, Ron
Riley, a Vail businessman, said he was especially supportive of helping to make a valet parking
program work successfully in Vail. He also advocated giving a $1 summer parking rate a try and
insisted the town create measurements to monitor the success of the Free After 3 program.
Also yesterday, Joe Macy of Vail Associates, expressed apprehension about using the soccer
field lot for valet parking. He said the lot, traditionally used by employees, would be hard to
•replace elsewhere. The Council will be asked to finalize a program at its Sept. 23 work session.
For a copy of the information packet, call 479-2115.
--Ordinance No. 17, Parking Violations
The Council voted 5-0 to approve an ordinance on first reading that creates a two -tiered system
for parking violations. The ordinance enables parking fines higher than $16 to be levied by
those who are ticketed within Vail Village and the Lionshead commercial core areas. Also, the
ordinance allows for stiffer fines for those who obstruct the removal of snow on town streets and
authorizes the police chief and/or town manager to declare an emergency to allow parking on
designated streets that are otherwise prohibited (such as the Frontage Road when
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the parking structures are full). For more information, contact Tom Moorhead, town attorney, at
479-2107.
--Ordinance No. 16, Charter Amendment Election •
The Council voted 5-0 on second reading to authorize the placement of two charter election
questions on the Nov. 18 Town of Vail municipal election ballot. The first would amend the
charter to change Vail's regular municipal election date from the third Tuesday in November
during odd numbered, years to the first Tuesday in November during odd numbered years. The
change would coincide with Eagle County coordinated elections, The second issue would allow
the use of certified mail in place of registered mail for notification as outlined in the charter.
Citizens will have an opportunity to submit comments, pro and con, regarding the two charter
questions by Oct. 3. The comments will then be mailed to registered voters prior to the election.
For details, contact Lori Aker, acting town clerk, at 479-2136.
--Driveway Grade Variance Appeal
The Council voted 5-0 to uphold a decision by the Planning and Environmental Commission to
deny a driveway grade variance request for a residence currently under construction at 2840
Basingdale in the Intermountain neighborhood. The applicant, Dan Frederick, was found to
have constructed the driveway 5.8% over the maximum allowed heated driveway grade of 12%.
In agreeing with the PEC's decision, the Council found that the granting of a variance would
result in a grant of special privilege and that the variance would be detrimental to the
community's public health, safety and welfare.
--Town Manager Report •
In reviewing the town manager's report, Councilmembers said they were pleased to see that the
popcorn wagon teases have now been resolved.
UPCOMING DISCUSSION TOPICS
Sept. 23 Work Session
PEC/DRB Review
Lionshead Master Plan Stage 3
Parking
Ford Park Alpine Rock Garden
Public Works Budget
Housing Strategic Plan Overview
Sept. 30 No Meeting
Oct. 7 Work Session
DRB Review
Budget Review
Business License Fee Discussion •
Booth Falls Rock Fall Mitigation
Pine Beetle Update
Oct. 7 Evening Meeting
TCI Presentation
First Reading, Ordinance #18 re: 1999 World Alpine Ski Championships
Second Reading, Ordinance # 17 re: Parking Fines
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