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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,