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HomeMy WebLinkAbout2003-09-02 Town Council Minutes• VAIL TOWN COUNCIL Evening Meeting Tuesday, September 2, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday September 2, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro -Tern Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was a Legislative Update. State Senator Jack Taylor appeared before the Council and presented his position on two statewide ballot issues that will be before voters in November. Referendum A, which would authorize $2 billion of debt for associated water projects, has serious flaws, he said. He went on to describe those issues in detail, including the lack of mitigation protections and the lack of details outlining where the money would be spent. Taylor urged the Town Council to take a stand in opposition to the referendum. A second ballot measure, Amendment 23, also known as the Colorado Tourism Initiative, was described by Taylor, who endorses the measure. Under Amendment 23, voters will be asked to allow the state's Lottery Commission to implement video lottery terminals at existing racetracks and existing limited gambling establishments. A portion of the proceeds would be used by the state for conservation, open space, state parks, tourism, and program costs, according to Taylor. Tourism promotion would receive an estimated $25 million boost in 2005, he said, which would give the economy a shot in the arm. In closing, Taylor asked Council to consider taking a stand in support of Amendment 23. The third item on the agenda was a Resolution Opposing Referendum A. Greg Moffet moved to approve the resolution stating the Town Council's opposition to Referendum A, the water measure that will come before Colorado voters in • November. Rod Slifer seconded the motion. The Council voted 7-0 to approve • the resolution, which was amended at the suggestion of Councilman Chuck Ogilby to add language offering an "expansion of Front Range groundwater opportunities" to a list of other solutions already available to the state that will produce results more quickly and at less financial risk than incurring approximately $2 billion of debt as contemplated by Referendum A. A second change suggested by Ogilby replaced the word "encouraging" with "exploring" as it relates to new reservoirs alternatives as additional existing options. The fourth item on the agenda was 2003-04 Parking Program Recommendations by the Vail Parking Task Force. After reviewing recommendations from the Vail Parking Task Force, Greg Moffet moved to approve parking rates as presented with modifications. Bill Jewitt seconded the motion. The Council voted 4-3 (Kurz, Cleveland, Donovan against) to approve the motion. The modifications include the return of 90 minutes of free parking, an expansion from the 60 minute recommendation. Also, the cost of a Blue parking pass was reduced by the Council to $825, down from the Task Force recommendation of $875. Other components of the parking program accepted by the Council and as recommended by the Task Force include: free entry after 3; an increase in hourly parking structure rates with a $16 cap for a day of parking, up from $13 last season; continued use of short-term metered parking spaces in designated areas within the Vail Village and Lionshead structures; expansion of paid outlying parking options to include 200 new spaces at the Ford Park ballfield lot • (pending development review approvals), and 200 new spaces at the Vail Resorts -owned west day lot next to the Marriott; an increase in the parking pass rate for the Gold card, which will sell for $2,000, up from $1,750 last season; no change in debit card prices; continued use of the $50 Pink pass for permit -only employee parking at the Ford Park lot, plus the West day lot Monday through Thursday; retention of the $450 Green parking pass for employees, minus a $200 merchant pass voucher, formerly provided by Vail Resorts; and a recommendation to increase parking fines from $26 to $50 for violators of the short-term metered parking. During discussion, Councilman Bill Jewitt advocated a return to the 90-minute free parking policy, noting fairness issues associated with the Task Force recommendation to offer 90-minute free parking vouchers for patrons of the library and Dobson Arena, while leaving the business community with only 60-minutes of free parking for its customers. Jewitt also questioned whether the town will have enough short-term parking spaces to meet the demand. In response to a question raised by Councilman Greg Moffet about the price of parking for a day of skiing and its impact on the perception of value, Vail Resorts representative Bill Jensen, who also serves as a member of the Parking Task Force, noted that guests will have at least three pricing options from which to choose, including free outlying parking. Jensen went on to say that in his four years at Vail, he has yet to receive a complaint about the cost of parking. Councilman Chuck Ogilby inquired about restricting some of the spaces at the Spraddle Creek trailhead for users of the r� U • 10th Mountain Division but system, while Rod Slifer expressed concerns about the suggested increase in the parking fine as recommended by the business community, describing it as "stout." Other suggestions offered by the Council included more enforcement of vehicles that take up two spaces by parking over the lines, the possibility of using Vail Hosts to help park cars inside the structure, eliminating past practices of holding an inventory of available parking spaces for free entry after 3, asking the Vail Chamber and Business Association to develop a marketing plan to promote free entry after 3, and re- evaluating the program following the Christmas holiday. During the public comment period, Nichole Hoffman -Ewing, a member of the Task Force, asked for consideration of a reduction in the price of the Blue parking pass and the return of the hour -and -a -half free parking. Those suggestions were repeated by Kaye Ferry of the Vail Chamber and Business Association, who also suggested raising the price of the $20 late entry fee and expanding use of the Ford Park athletic fields for parking mid -week. Jonathan Staufer expressed his objection to using the Ford Park softball fields for parking. Instead, Staufer challenged the town to explore other avenues, such as more effective use of mass transit, carpooling and lower pricing rates for the parking structure during mid -week. Prior to the vote, Councilman Dick Cleveland noted his interest in creating a merchant validation program for two hours of free parking, while Councilmember Diana Donovan said she was frustrated with the Ford Park Softball field scenario, noting a better • solution would be to explore opportunities to make parking on the Frontage Road safer. Donovan also noted the 60 minute free parking policy was intended to satisfy the need for brief errands, not shopping or dining. Mayor Ludwig Kurz also weighed in, saying the Task Force worked hard to develop a recommendation knowing that not everyone would be happy. Kurz said the modifications by fellow Councilmembers was an attempt to make everyone happy and stood to compromise the town's fiscal responsibility. In voting to approve the parking program, Councilmembers turned down a suggestion by Chuck Ogilby to keep the Ford Park athletic fields open for parking during midweek, noting the use of Ford Park could dilute revenues in the parking structures, further eroding the town's revenue stream. In addition to Fridays, Saturdays and Sundays, the ballfields will be activated for parking as needed during overflow situations. The addition of the 400 new outlying parking spaces at Ford Park (pending approvals) and the west day lot is projected to reduce use of parking on the Frontage Road from 35 days last season to 15 days in 03-04, according to Public Works Director Greg Hall. The fifth item on the agenda was a Pro Cycling Tour 2004 Funding Request and Update. At the request of the Vail Valley Chamber and Tourism Bureau (VVCTB), Greg Moffet moved to direct the staff to include $75,000 in the town's 2004 budget and to direct the Vail Local Marketing District Advisory Council to include $50,000 in its recommended 2004 marketing budget to bring the Pro Cycling Tour (PCT) to Vail as an annual icon 0 • event during Labor Day weekend beginning in 2004. Bill Jewitt seconded the motion, which was approved by the Council 7-0. The town and the Vail Local Marketing District had jointly awarded $100,000 in funding for 2003. An additional $275,000 must be raised within the community to cover site fee and marketing activation costs, representing 25 percent of the event budget, according to Frank Johnson, president of the WCTB, which is helping to coordinate the event. The PCT Rocky Mountain Classic will feature sanctioned cycling events over a three day period, attracting an estimated 20,000 spectators, according to organizers, adding more than $3 million to the local economy. The Pro Cycling Tour also sponsors events in Philadelphia, New York and San Francisco. Vail's kick-off will be announced at the San Francisco event next week. During an update on the local planning process, Johnson encouraged the local business community to become involved in the discussions. He also responded to a question about the status of Rick Chastain, the former special events manager for the WCTB, who has now formed his own special events business. Johnson said Chastain is under contract with the WCTB to help coordinate the Pro Cycling Tour. Councilmembers asked that the town's contribution be applied directly to the event's expenses and that a full accounting is provided. The goal of the event is to become 100 percent self-supporting by 2006. Johnson said he had originally intended to approach the Vail Commission on Special Events (CSE) to consider the $75,000 funding request. However, Councilman Bill Jewitt, who chairs the CSE, noted an • earlier policy decision that requires icon event expenditures to be funded by the Town Council, given the CSE's budget limitations. Johnson said he would return to the Town Council in six weeks to provide another update. The sixth item on the agenda were Contribution Requests Funding Decisions for 2004. Bill Jewitt moved to approve the item. Greg Moffet seconded the motion. The Council voted 6-1 (Donovan against) to approve $1,535,346 in contribution requests reviewed during the afternoon work session. Prior to the vote, Councilman Greg Moffet provided an overview of the requests, which included $200,000 to the Vail Chamber and Business Association; $164,500 to the Vail Valley Chamber and Tourism Bureau; $565,000 to the Commission on Special Events; $160,000 for Vail's bid for the 2009 World Alpine Ski Championships; $95,000 for the New York Philharmonic performances sponsored by the Bravo! Colorado Music Festival; and $50,000 in operating support for the Vail Alpine Garden Foundation, plus another $25,000 for Alpine Garden debt repayment, among other awards. It was also noted that an approved request for ice time for the Vail Skating Club had been increased from 8 days to 9 days and costs for the Vail Valley Exchange program, budgeted at $5,000, will be distributed to the Council for additional review. In addition, requests for free use of the Donovan Pavilion have been placed on hold pending clarification of Council policies. The grant awards will be included in the 2004 budget, which will be considered on first 0 reading by the Council on Sept. 16. The seventh item on the agenda was an Appeal of Design Review Board Decision Denying Staff Approval for Awning Replacement at Vail Das Schone Building. Dick Cleveland moved to overturn the Design Review Board (DRB) decision that denied staff approval of a request to replace the existing awning on the Vail Das Schone Building at 2111 North Frontage Road with an identical awning. Chuck Ogilby seconded the motion. The Council voted 6-0-1 (Moffet recused himself) to approve the motion. The DRB had asked for a solid color or a different stripped pattern to replace the existing red, white and green stripped design. In overturning the DRB decision, Councilmembers found that the standards and conditions of the zoning regulations and development standards had been enforced correctly by the staff approval. The eighth item on the agenda was an Appeal of Design Review Board Decision Denying Roof Replacement at Eiger Chalets. Diana Donovan moved to modify Design Review Board (DRB) denial of a request to replace a black rubber membrane roof with a new white painted rubber membrane roof at the Eiger Chalets, Unit 7, 1350 Sandstone Drive. Greg seconded the motion. The Council voted 6-1 (Ogilby against) in favor of the motion, which allows the roof to be painted grey and to require the applicant and the condominium association to, within 90 days, establish a standard for reroofing of units in the future. While the DRB had required the applicant to resurface the roof back to its original black • color and install a washed gravel -ballast to match the gravel on the roof of another unit, Councilmembers found the conditions to be unreasonable, given the inconsistency of the other roof tops. The issue surfaced following complaints from adjacent property owners who alleged the reflectivity of the new white roof was a nuisance and not in accordance with the town's design guidelines. During the public comment period, Jonathan Staufer presented a letter to the Town Council expressing frustration about a Design Review Board decision involving an application for a color change at the Vail Village Inn. The ninth item on the agenda was the First Reading, Sign Code Ordinance. Greg Moffet made a motion at staff's request, to table first reading of the ordinance, pending additional revisions. Rod Slifer seconded the motion. The Council voted 7-0 to table. In tabling the ordinance to a later date, Councilmembers discussed the need to address several issues. Among them is a decision on how best to regulate the size of signs. While the draft ordinance recommends a uniform size for signs in the commercial zone districts, Councilmember Diana Donovan, who expressed concerns about "one size fits all,", has suggested retaining a formula -based measurement that incorporates a shop's linear frontage. Councilman Bill Jewitt expressed a preference for a standard size approach, saying it would be easier to implement. He also emphasized the need for flexibility in the sign code to enable businesses to use, when appropriate, banners, flags, lights -even pink flamingos -to enliven the town. During the public comment period, Stephen Connelly of Vail Sports, asked that 0 signs posting business operations be allowed at every major entrance to a • business. Connelly also offered support for a companion ordinance regulating the outdoor display of goods from April 1 to December 1, annually. The tenth item on the agenda was a First Reading, Outdoor Display Ordinance. Greg Moffet moved to table first reading of the ordinance regulating the outdoor display of merchandise to September 16th, 2003. Dick Cleveland seconded the motion. The Council voted 6-1 (Jewitt against) to table to Sept. 16. The ordinance was tabled to clarify language within the ordinance which is intended to limit outdoor displays in the commercial areas of Vail to an eight month period from April 1 to December 1, annually. In voting against the motion to table the ordinance, Councilman Bill Jewitt said he preferred to approve the measure on first reading with modifications occurring at second reading. The eleventh item on the agenda was a First Reading, Rezoning Ordinance for Vail's Front Door Project. Greg Moffet moved to approve first reading of the ordinance to rezone Lots 1 and 2 in the Mill Creek Subdivision from Natural Area Preservation District to Ski Base Recreation-2 District and to rezone lots P3 and J, Block 5A, Vail Village 5th Filing, from Public Accommodation District to Parking District. Bill Jewitt seconded the motion. The Council voted 6-0-1 (Slifer recused himself) to approve. Chief Planner George Ruther stated the rezoning is one of 14 approvals necessary to complete the development review process for Vail's Front Door project submitted by Vail Resorts. Included in the application is a • request to construct a Vail Park and a new 134-space private underground parking structure on Vail Resorts property north of the Christiania Lodge. Also, requests for improvements to the Vista Bahn ski yard, a new underground skier services area, construction of a new ski club, fractional fee units and a spa also are pending review by the town. During discussion, Councilmember Diana Donovan inquired about the status of a request by the Town Council to acquire the Vail Resorts -owned property which houses Pirateship Park. Jay Peterson, an attorney representing Vail Resorts, suggested that a deed transfer be part of the developer agreement process. Jim Lamont of the Vail Village Homeowners Association urged the Council to approve first reading of the rezoning action to move the review to the next step. He noted that progress is being made in addressing neighborhood concerns. The twelfth item on the agenda was an 1-70 Programmatic Environmental Impact Study (PEIS) Preferred Alternatives Discussion. Public Works Director Greg Hall presented an overview of the 1-70 PEIS which, upon approval, will be a legally binding document that will guide the Federal Highway Administration and the Colorado Department of Transportation in addressing issues along a 160-mile long stretch of 1-70, from C-470 to Glenwood Springs through the year 2025. With the study nearing completion, Hall asked for Council's reaction to a list of proposed alternatives, which will be forwarded by Eagle County Commissioner Michael Gallagher at a meeting on September 23. Possible alternatives, he said, include straightening the roadway at Dowd Junction, boring a tunnel through Dowd, creation of climbing lanes on Vail Pass as well as other stretches of the • roadway. Councilmember Diana Donovan expressed concerns about six lanes on Vail Pass, saying it would destroy the very reason people come here. Councilman Bill Jewitt asked if the study addressed air rights over 1-70, while Councilman Greg Moffet urged his colleagues to take steps to become a "bigger squeaky wheel" when it comes to 1-70 noise mitigation. Moffet suggested the town take aggressive steps, such as a lawsuit or asking to restrict truck traffic on Saturdays and Sundays, to get the attention of the state and federal transportation agencies. • 0 The thirteenth item on the agenda was the Town Manager's Report, re: Easement across the Northtrail Townhome property and New Years Eve Celebration for Youth. Greg Moffet moved and Bill Jewitt seconded to approve the easement. The council voted 7-0 in favor. As there was no further business, Greg Moffet motioned to adjourn. Bill Jewitt seconded the motion. A vote as taken and the motion passed unanimously, 7-0. Respectfully submitted, Ludwig Kurz, (Mayor P ATTEST: 1 P"Z-V� el onaldson, Town Clerk