HomeMy WebLinkAbout2003-09-16 Town Council MinutesVAIL TOWN COUNCIL
• Evening Meeting
Tuesday, September 16, 2003
The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on
Tuesday September 16, 2003 by Mayor Ludwig Kurz.
MEMBERS PRESENT: Mayor Ludwig Kurz
Rod Slifer, Mayor Pro-Tem
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
STAFF PRESENT: 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 approval of the August 5th and August 19th, 2003
evening minutes. Greg Moffet moved to approve the minutes. Rod Slifer seconded
the motion. The Council voted 7-0 to approve the meeting minutes as presented.
The third item on the agenda was a Design Review Board Appointment. Greg Moffet
moved to appoint Scott Proper to the Design Review Board. Rod Slifer seconded the
motion. The Council voted 7-0 in favor. The appointment will fill a vacated term to run
from Oct. 1 through March 31, 2004. Mayor Ludwig Kurz thanked Proper and a second
applicant for their interest in serving the town.
The fourth item on the agenda was an Update on U.S. Forest Service Fuel Mitigation
Efforts. Greg Moffet moved to enter into an agreement with the U.S. Forest Service,
allowing the Forest Service to proceed with wildfire mitigation efforts in the Booth
Creek prescribed burn area, known as unit six. Rod Slifer seconded the motion. The
Council voted 7-0 to approve. During discussion, Phil Bowden, Forest Service Fire
Management Officer and member of the Bureau of Land Management Interagency Fire
Management Team, explained the Forest Service has set aside $20,000 to be used
until September 2004 for hiring personnel to cut and pile logs for burning in the Booth
Creek prescribed burn area. During the past year, the Forest Service, with help from
Vail Fire Department student firefighters, has proceeded with a cut and pile defensible
space project on 30 acres of town -owned land and 15 acres of Forest Service land,
located behind the Falls Condominium Complex in East Vail. Bowden explained the
• piles are ready to be burned when conditions become optimal either during the fall or
early next spring. Because mitigation will be taking place on town -owned land, Bowden
• requested a signed participation agreement between the town and the Forest Service.
In addition, Bowden requested Council approval for a broadcast burn on approximately
30 acres in the unit six area, 15 of which are on town -owned land. Bowden said the
low -intensity broadcast burn would take approximately 45 minutes and improve the
soil, wildlife habitat and will promote new vegetation growth in the area while reducing
wildfire fuels. During the discussion, Chuck Ogilby asked for clarification on how the
Booth Creek area mitigation efforts began. According to Bowden, mitigation efforts
started as a wildlife project in 1998 to improve vegetation for area bighorn sheep. The
focus then shifted to forest health issues and the need to reduce fire fuel in the area.
Then, in 1999, an agreement was made between the Forest Service and the town, in
which, Council approval was needed for any burning on private or town -owned land for
wildfire mitigation. Diana Donovan expressed support for the cut, pile and burn
projects, as well as the broadcast burn when conditions are favorable. Additionally, Vail
Fire Chief John Gulick informed Council that property owners in the Vail Valley have
been working with the Forest Service and town staff to improve defensible space
around their properties. Donovan suggested the town create a policy for property
owners, especially those who live in duplexes or condominiums, so that all parties are
informed when trees are being removed to create defensible space. Jim Lamont,
representing the Vail Village Homeowners Association, agreed with Donovan and
expressed a need for the community at -large to be notified when mitigation efforts such
as cutting or burning of wood piles, are taking place on private property. Additionally,
Dick Cleveland directed Bowden and staff to research whether the $20,000 could be
• used to repay the town for use of Vail's student firefighters who worked for minimum
wage on the mitigation efforts. In addition, Bowden said the Forest Service will
continue to move forward with wildfire mitigation efforts on Forest Service lands
surrounding Vail to include cut, pile and burn projects and broadcast burns.
The fifth item on the agenda was Approval of Off -Season Hours and Signage for Vail
Visitor Centers. Greg Moffet moved and Bill Jewitt seconded to approve a reduction in
hours during the off-season at the Vail Visitor Centers, as well as a $200 funding
expense for the production of associated information signs. The Council voted 6-1 in
favor (Donovan against) of the motion. The reduced hours will be effective September
22 to November 26 and will run from 9 a.m. to 2 p.m. daily in the Vail Village Visitor
Center and 12 noon to 5 p.m. daily in the Lionshead Visitor Center. In voting against
the motion, Councilmember Diana Donovan said the town should not be responsible
for the $200 sign cost. Also during the discussion, Greg Moffet moved to fund lighted,
permanent exterior signs for the Visitor Centers. Chuck Ogilby seconded the motion.
The Council voted 6-1 to approve with Jewitt against. Kelli McDonald with the Vail
Valley Chamber and Tourism Bureau informed Council that a bid for $8,000 had been
received to install the signs. Councilmembers encouraged McDonald to solicit further
bids, including use of town staff, prior to purchasing and installing the signs. Council
requested bids be no higher than $8,000.
The sixth item on the agenda was 1-70 Noise Mitigation. Greg Moffet moved and
• Chuck Ogilby seconded to direct the town staff to draft an ordinance to prohibit the use
of truck engine brakes on 1-70 from mile marker 181.5 in East Vail to 172 in Dowd
. Junction with penalties of $1,000 or more and to authorize associated expenditures for
enforcement and equipment. The Council voted 6-1 (Donovan against) to approve the
motion.
A second motion was made by Chuck Ogilby and seconded by Greg Moffet to direct
staff to explore construction of a pilot noise wall project to be built as soon as possible
with a budget allocation of $500,000 to be used to leverage federal and state monies.
The motion was approved unanimously by a vote of 7-0. In addition, the Council
directed town staff to pursue reducing the speed limit for trucks on 1-70 through Vail.
The direction from Council followed an overview of Vail's 1-70 noise issues presented
by Public Works Director Greg Hall. During the discussion, Hall said the decibel level
must be above 67 for the Federal Highway Administration (FHWA) to pay for noise
mitigation along the interstate. In Vail's case, however, the FHWA only pays for
mitigation when new highway improvements are constructed, according to Hall.
Because Vail was mostly built -out before the FHWA noise standards were approved,
the FHWA is not responsible for mitigating interstate noise issues within the majority of
Vail, he said. In addition, the town is not allowed to construct noise berms or barriers
on FHWA right-of-way without approval. According to Hall, interstate noise studies
report 25 percent of Vail's parcels are located where noise levels exceed 67 decibels.
The remaining areas are at 66 decibels or less. Examples of areas with noise levels
above 67 decibels include elevated neighborhoods such as Red Sandstone and the
Timber Ridge area, plus areas west of East Vail where a noise berm is currently being
• built. Hall also presented the possible actions for 1-70 noise mitigation in Vail, which
include: 1) mitigate a 10-mile stretch on 1-70 with noise berms or walls at a cost of
$750,000 per 1,000 ft. of wall; 2) draft an ordinance restricting the use of engine
brakes, making it illegal for trucks to apply engine brakes from East Vail to West Vail
and include enforcement signage on the interstate; and 3) authorize $46,000 to hire an
additional police officer or contract with the Colorado State Patrol to enforce the noise
control. Vail Police Commander Steve Wright stated the department prefers adding an
additional officer, which would allow the town more control over the officer's
enforcement, plus the town would keep revenues from noise enforcement fines.
Councilmember Diana Donovan requested town staff provide Council with maps
containing information where noise berms or barriers could be built. In making the
motion to enact the engine brake restriction, Councilman Greg Moffet noted the need
for Vail to look at "self help" solutions to get the attention of state and federal
transportation agencies as well as the Colorado Motor Carriers Association. In voting
against the first motion, Diana Donovan said she'd prefer to work to lower the speed
limit on 1-70 through Vail, saying an engine brake ordinance would be ineffective in
reducing noise due to enforcement difficulties and its harsh approach. Councilmember
Rod Slifer agreed the town should continue to pursue lowering the speed limit in
addition to the other initiatives. In making the motion for a noise wall demonstration
project, Councilman Chuck Ogilby said he hoped the town would be able to replicate
glass noise walls that are in use in Switzerland. Ogilby stressed the urgency in getting
the project underway, noting that two of his friends have left the valley due to the
• disturbances caused by the highway noise. Public Works Director Greg Hall said
approval of a noise wall project could be delayed by the state until the 1-70
• Programmatic Environmental Impact Study (PEIS) is complete and preferred
alternatives have been adopted. Mayor Ludwig Kurz described the philosophical
challenges in balancing noise issues with aesthetic issues. In Europe, he said,
communities have learned to tolerate the loss of views in exchange for noise reduction,
saying it has become the lesser of two evils. During public discussion, Jim Lamont of
the Vail Village Homeowners Association urged the Council to keep the dialogue alive,
saying the issue of 1-70 noise has been a consistent complaint from his organization's
constituents. Lastly, Greg Moffet explained the town was also exploring possible legal
action against the state and federal highway agencies for noise violations. Town
Attorney Matt Mire acknowledged similar efforts underway in Golden.
The seventh item on the agenda was a Vail Ice Dome Funding Request. Greg Moffet
moved to include the costs for set-up and tear -down of the Vail Ice Dome, estimated at
$190,000, to be allocated from the town's 2003 and 2004 budgets. Chuck Ogilby
seconded the motion. The Council voted 6-1 (Cleveland against) in favor. The
authorization will enable the bubble to be put into use for its fourth winter season at the
Vail Golf Course driving range. In voting to approve the funding, Councilmembers did
so reluctantly, expressing frustration with the lack of cost -share participation by the Vail
Recreation District (VRD), Eagle County, Vail Junior Hockey and other skating groups.
During the discussion, Peter Cook, a VRD board member, reminded Councilmembers
of a meeting in April in which the VRD informed the town that it would not have funds to
assist with set-up and tear -down, although VRD indicated it would absorb as much as
. a $30,000 loss in its operation. Cook went on to say the bubble had excess ice time
last season with its use continuing to decline as the new ice rink in Eagle comes on
line. In lieu of funding the bubble's annual construction costs, Cook proposed reducing
the amount of concerts at Dobson Ice Arena during the hockey season to add more ice
time for the facility. He also suggested the town donate some of its free ice days at
Dobson to add additional flexibility. Cook said it was important for the Town Council to
make a decision as soon as possible, given pressing deadlines. He also said that more
than half of the Vail Junior Hockey participants live outside the Town of Vail. In
response, Councilman Greg Moffet said Cook's proposal to expand use of Dobson
would be ineffective in addressing community skating needs, noting there is a limited
number of hours in the day when children should be skating. For example, 5.30 a.m.
on a school day is unacceptable, he said. Councilmember Diana Donovan noted that
guests, through the payment of sales taxes, make it possible for residents to have
amenities, such as Dobson Arena. She said a desire to host hockey tournaments and
other recreational activities that draw visitors to Vail should be embraced by the VRD.
Cook responded that VRD shares in that philosophy. Donovan went on to say that she
hoped the pending arrival of a new VRD director would help improve the district's ice
programs, which she said have been poorly managed. Councilman Bill Jewitt, noting
that the issue had become polarized, said it comes down to whether or not the Council
is willing to fund the bubble. Councilman Rod Slifer inquired if use of the bubble would
enable additional public skating opportunities to be programmed at Dobson Arena. He
also suggested a discussion about who would operate the bubble. During the public
comment period, the Council heard from Dawn Ristow, the skating director at Dobson,