HomeMy WebLinkAbout2003-10-21 Town Council Minutes• VAIL TOWN COUNCIL
Evening Meeting
Tuesday, October 21, 2003
The regularly scheduled Vail Town Council meeting was called to order at 6:00
P.M. on Tuesday October 21, 2003 by Mayor Ludwig Kurz.
MEMBERS PRESENT: Mayor Ludwig Kurz
Rod Slifer, Mayor Pro -Tern
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
STAFF PRESENT: Stan Zemler, Town Manager
Pamela Brandmeyer, Assistant 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 September Meeting Minutes. Greg Moffet
moved to approve the meeting minutes for September 2, 2003. Diana Donovan
seconded the motion. The Council voted 7-0 to approve the motion. Greg Moffet then
moved and Diana Donovan seconded to table approval of the September 16, 2003
minutes to November 4, 2003 at the suggestion of Councilman Dick Cleveland to clarify
a motion regarding enforcement costs associated with a proposed engine brake
restriction ordinance for trucks. The Council voted 7-0 to table.
The third item on the agenda was Appointments to Vail Commission on Special
Events. Greg Moffet moved to appoint Stephen Connolly to serve on the Vail
Commission on Special Events as the at-large/retail representative. Dick Cleveland
seconded and the Council voted 7-0 in favor of the appointment.For the at -large term,
Greg Moffet moved and Dick Cleveland seconded to appoint Ian Anderson. The Council
voted 7-0 to approve. Both terms expire in December 2003. Mayor Ludwig Kurz thanked
the remaining applicants and encouraged them to apply for other board openings in the
future.
The fourth item on the agenda was a Floodplain Update Overview. The Council
heard an overview on the town's involvement in a floodplain mapping update as required
by the Federal Emergency Management Agency (FEMA). Project manager Gregg
Barrie said the new floodplain map is an update from the current 1983 version and will
be used to determine who is required to carry flood insurance as well as rates for flood
insurance. Affected property owners have the ability to work with the town in filing an
0 appeal, Barrie said. Notification letters have been sent to property owners along Gore
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• Creek and other tributaries inviting residents to attend informational workshops or to
schedule one-on-one meetings for assistance. The information also has been posted on
the town's web site at www.vailqov.com. In response to a question from Councilman
Dick Cleveland, Barrie said the update will not significantly impact Town of Vail property.
Barrie acknowledged that some private properties will be impacted, which prompted
Councilman Greg Moffet to inquire about the town's role in assisting homeowners with
their concerns. Public Works Director Greg Hall noted that in the past, some properties
have used mitigation, such as berms, to remove their properties from the floodplain.
The fifth item on the agenda was a Conference Center Committee Update. Scott
Proper, a member of the Conference Center Oversight Committee, presented an update
on research conducted by HVS International, a Chicago consulting firm, which has been
hired by the town to conduct a market analysis and develop a business plan for the
facility. Proper reported that two focus groups have been held, one for national event
planners and another for state event planners. While Vail was rated high by both groups
as an appealing venue, the national event planners raised concerns about transportation
and access, he said, while the state meeting planners expressed concerns about the
cost of a Vail convention. Proper said a third focus group has been scheduled for Oct. 26
with professional meeting planners who will be in the area attending a conference at
Beaver Creek. HVS also has been asked to recommend a concept plan for the facility's
size. The current thinking, according to Proper, is a 25,000 sq. ft. ballroom/exhibit space
and meeting rooms totaling 20,000 sq. ft. Rod Slifer, who chairs the committee, said the
group has been meeting regularly. A final report from the consultant is anticipated in
mid -November.
• The sixth item on the agenda was an Overview of the Lionshead Submittal by Vail
Resorts. With Rod Slifer recusing himself, the remaining members of the Town Council
heard an overview of the Lionshead redevelopment projects proposed for four properties
owned by Vail Resorts. The properties include: 1) the tennis court site on Forest Road,
which would be used to build four ski -in, ski -out homes, along with a proposal to remove
snowcats from Forest Road and relocating them to a direct route to Vail Mountain across
water district property to the west; 2) the West Day Lot next to the Marriott, which would
house a hotel/condo development, plus 12 single-family/duplex residences; 3) the Core
Site (currently housing the Kaltenberg Castle and Sunbird Lodge), which would include a
5-star Rock Resorts Hotel, plus retail and restaurant space, condominium units, a new
skier services facility, underground loading and delivery and a public ice rink; and 4)
North Day Lot (next to the pedestrian overpass), to be used to construct 144 employee
housing beds, office space for Vail Resorts, improved pedestrian access, plus a potential
site for a town -operated transit center. Noting that a preliminary application has been
submitted to the town for development review, project spokesman Dominic Mauriello of
Braun and Associates outlined a proposed review schedule that would separate the
redevelopment into five projects. As proposed, the tennis court property would be
reviewed by town boards in September and October, 2003; the West Day Lot residences
in October and November, 2003; the core site in December, 2003 through February
2004; the North Day Lot in February 2004 through April 2004; and the West Day Lot
Hotel in April 2004 through July 2004. A companion, tentative construction schedule also
was presented which includes construction of the homes on the tennis court site in
Spring 2004; the West Day Lot residences in Fall 2004; the core site in Spring 2004; the
North Day Lot in Fall 2005; and the West Day Lot Hotel in Spring 2006. During his
• presentation, Mauriello called Council's attention to the proposed ice rink which has
been added to the plan. Councilman Dick Cleveland inquired about snowmelt provisions,
• noting artist renderings that show a fresh dusting of snow in the pedestrian areas.
Attorney Jay Peterson, representing Vail Resorts, said the company was waiting to
follow the town's lead in establishing guidelines for snowmelt. Noting a question raised
earlier by Councilmember Diana Donovan, Councilman Greg Moffet asked how the town
could be ensured that Vail Resorts would follow through with all of the projects.
Community Development Director Russell Forrest noted the need to clarify developer
agreements with the company. He also said the town would need a legally binding
agreement from Vail Resorts before Tax Increment Financing bonds can be issued to
fund the town's share of public improvements. In addition, Peterson assured the Council
that Vail Resorts will be spending dollars as they're coming in and that it wouldn't be
feasible for the company to "cut and run." Councilmembers Bill Jewitt and Ludwig Kurz
inquired about the timing of the projects. For Jewitt, the possible disruption of sales tax
in Vail Village and Lionshead was a concern, while Kurz wondered if the projects would
be ready should Vail win the bid for the 2009 World Alpine Ski Championships. In both
cases, Peterson assured them that construction could be completed in time and with
minimal disruption. Councilmember Diana Donovan expressed a preference for
reviewing the projects simultaneously, also noting the need to address the town's build -
to lines. She questioned whether the company should be granted development rights on
the tennis court site without an appropriate level of public improvements. In response,
Peterson said the new snowcat access route would be tied to the approval, representing
$2 to $3 million in additional costs. Donovan expressed concerns about the aesthetics of
the snowcat access route. She also suggested doing more to address adjacent property
owner impacts as they relate to the core site and the North Day Lot.
• The seventh item on the agenda was a Request for Continuance on the Front Door
Project Appeal. Greg Moffet moved to deny a request to continue an appeal hearing for
the Vail Resorts' Front Door project. Chuck Ogilby seconded and the Council voted 6-0-
1, Rod Slifer recusing himself. The hearing, to determine the outcome of an appeal of
the project's approval by the Planning and Environmental Commission, had been
scheduled to be heard by the Town Council on November 4th. However, the appellant
had filed a request to reschedule the hearing to December 2, noting the need for more
time to gather additional information. Attorney Karen Romeo said her client, Luanne
Wells, needed time to consult with two experts prior to the hearing. Objecting to the
continuance request was Jay Peterson, an attorney for Vail Resorts, who said the
appellant has had ample opportunities to review the project. Also speaking was Tom
Braun of Braun and Associates, who said a six -week delay could cause the loss of a
construction season on the P3&J component of the development. In voting to deny the
request, Councilmembers said the appellant had not presented evidence that a
continuance was necessary beyond the 43 days the appellant will have already had.
The eighth item on the agenda was First Reading of Ordinance Number 19, Sign
Code. Dick Cleveland moved and Greg Moffet seconded to approve first reading of an
ordinance amending the town's sign code. The Council voted 7-0 in favor of the motion.
In presenting the ordinance for first reading, Community Development Director Russell
Forrest noted several changes to the document as requested previously by the Town
Council. Those changes include additional reformatting and editing and an
acknowledgment that non -conforming signs will be grandfathered. In addition, Forrest
said the document establishes a twice -a -year permit process for sale signs. During
discussion, Councilman Dick Cleveland complimented the staff for the additional
• formatting work. He also asked for clarification about joint directory signs. The
discussion was then turned over to Councilmember Diana Donovan who outlined a list of
• recommended changes, many of which were incorporated into the ordinance for first
reading. During public discussion, Kaye Ferry of the Vail Chamber and Business
Association said she had been waiting 15 years for the document, with work underway
for the last two -and -a -half years. She said the 34-page document was still cumbersome,
but much improved from what it was. Councilman Dick Cleveland noted the town of
Breckenridge is going through an overhaul process with similar challenges.
The ninth item on the agenda was First Reading of Ordinance Number 26,
Amendment to the Parking Fine Regulations. Greg Moffet moved to approve an
ordinance on first reading to amend the town code as it relates to the town's parking
regulations. Bill Jewitt seconded and the Council voted 6-1 in favor of the motion, with
Donovan against. Police Commander Joe Russell explained key provisions of the
amendment, which includes an increase in the penalty for parking violations to up to
$100 with a fee schedule set by the Town of Vail Municipal Court. In addition, the
ordinance creates penalties for abuses at the parking structure caused by "turners," or
those who exit the facility after the 90-minute free parking period and re-enter the facility
for a second free period of time within three hours of the first entry into the facility. A third
change is a vehicle length restriction in the parking structures. After noting a proposed
length restriction of 15 ft. may be too short to accommodate the largest production
vehicles, Councilmembers amended the ordinance to restrict vehicles to 20 ft. or larger.
Other amendments included the addition of late fee payments of up to $25, excluding
town roadways from the definition of parking facilities and striking the word "limit" under
a description of time -limited parking. During discussion, Municipal Judge Buck Allen
asked for the Council's input in establishing a higher fine for violators of the short-term,
• three-hour parking spaces. The current fine is $26. Councilman Bill Jewitt suggested
beginning with a $50 fine and possibly raising it to $60, while Councilman Greg Moffet
said the fine needs to be much more expensive than valet parking. Judge Allen also
inquired about fines for handicap parking violations, suggesting the fines should be the
highest violation in the community. Currently $50, Judge Allen suggested raising the
fines to $75 to $80. Also during the discussion, Councilmembers inquired about
adequate signage to deter parking violations and the protocol that will be used to alert
oversized vehicles as they approach the parking structures. In voting against the
ordinance, Councilmember Diana Donovan said the ordinance was too unfriendly,
especially as it relates to recreational vehicles.
The tenth item on the agenda was First Reading of Ordinance Number 27, Outdoor
Dining Deck Enclosures. Greg Moffet moved and Diana Donovan seconded to approve
first reading of an ordinance to allow the temporary use of pliable sidewall enclosures for
covered outdoor dining decks associated with eating and drinking establishments
annually from April 1 to December 1, during inclement weather. The Council voted 7-0
to approve. In presenting the ordinance to Council, Community Development Director
Russell Forrest said the legislation codifies an issue that surfaced in July when the Town
Council overturned Design Review Board denial of a temporary enclosure application
submitted by the Ore House. In making the motion to approve the ordinance,
Councilmembers made several wording changes for added clarification.
The eleventh item on the agenda was First Reading Ordinance Number 28, Engine
Brake Restriction. Greg Moffet moved and Chuck Ogilby seconded to approve first
reading of an ordinance restricting the use of compressed engine brakes on trucks
• between milepost 181.5 and 173 along 1-70 in Vail, except for the aversion of immediate
• and imminent danger. Violators would face a fine of up to $999. The Council voted 4-3 to
approve with Donovan, Cleveland and Jewitt against. The motion to approve first
reading of the ordinance also included a provision to table second reading to November
18, 2003 to allow time for Town Manager Stan Zemler to present details of a proposed
pilot program as an alternative to the engine brake restriction. Zemler has offered to help
facilitate a series of noise reduction measures with the help of the Colorado Motor
Carriers Association. However, some Councilmembers, led by Greg Moffet, suggested
the offer was a deliberate delay tactic by the industry that would accomplish nothing. An
earlier motion offered by Moffet to approve the ordinance on first reading, minus the
imminent danger provision, did not receive a second. In proposing the motion, Moffet
reasoned that truckers driving responsibly don't need to use their "jake" brake, and if
they do, they would be driving in such a way that would warrant a ticket for careless and
reckless driving. In voting against the second motion to approve the ordinance as
written, Diana Donovan said it would be irresponsible to approve it because it would be
unenforceable. Bill Jewitt agreed, saying the options presented by Zemler present better
opportunities in addressing overall noise. Joining Donovan and Jewitt was Dick
Cleveland, who said the legislation wasn't an empty gesture, but rather, it got the
attention of the Motor Carriers Association and the Colorado Department of
Transportation. Cleveland said he'd rather work to slow the trucks down and address
overall decibel levels as proposed by Zemler. Mayor Ludwig Kurz described a recent
meeting he attended with representatives from town staff and the Motor Carriers
Association, saying he had a sense the town is making inroads into the process to
address the noise issue. Zemler then presented a series of cooperative actions that
could be pursued with the trucking industry through a letter of agreement. Those actions
include a pilot decibel reduction project, tightening the engine brake muffler requirement,
• use of an infrared device that could be used on Vail Pass to detect brake use, an
education program aimed at voluntary engine brake restrictions, a federal lobbying effort
for noise wall funding, an exploration of Vail's cut and cover opportunities, additional
enforcement at the ports of entry, and a Council ride -along program. Zemler suggested
the Council could direct him to pursue the measures, using the engine brake restriction
ordinance as a secondary option. Zemler said he also intended to work on reducing
traffic speeds for all vehicles, which does not have support of the trucking industry.
Moffet said he was unwilling to support the collaborative approach, noting that muffled
jake brakes would still be too loud. Chuck Ogilby agreed, saying the industry is run by
"people who enjoy the noise." During the public comment period, the Council heard from
Ed Havener, owner of an Edwards trucking firm, who said a ban on the use of engine
brakes through Vail would jeopardize his safety. Havener also objected to a proposal to
slow trucks down, noting the loss of productivity. Instead, he suggested more aggressive
enforcement of existing speed limits and the engine brake muffler requirement. The
Council also heard from Patti Olsgard, director of safety, training and research for the
Colorado Motor Carriers Association, who offered to work with the town to address the
noise issues. When asked if engine brake mufflers could be reduced to 50 decibels, she
said she would need to research the question. She said she also took objection to some
comments by Councilmembers that the industry doesn't care about Vail. Jim Lamont of
the Vail Village Homeowners Association applauded the most recent efforts, noting that
this is the first responsiveness he's seen from higher authorities. Lamont also suggested
the need for higher standards to use the 1-70 corridor, given environmental issues. He
said truckers should also consider using an alternative route through Wyoming which is
long, straight and flat. In addition, Lamont suggested finding technology that would
• measure decibel levels through a signage system that could be placed on town right-of-
way. Following the vote, Councilmembers clarified that Zemler should pursue any and all
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options discussed, including those offered earlier during the work session by Owen
Leonard of the Colorado Department of Transportation.
The twelfth item on the agenda was the Town Manager's Report. During a review of
the town manager's report, Councilmembers directed the staff to continue to investigate
the possible use of bio-diesel fuel for town buses and other vehicles as a follow-up to a
pilot project in 1994 involving six buses. On another topic, Councilmembers reviewed
draft criteria for complimentary use of the Donovan Pavilion. The proposal includes 10
complimentary uses during the high season and 20 complimentary uses during low
season with approval by the Town Council and the Donovan Pavilion committee.
Requests would be reviewed on a case by case basis based on pre -established criteria.
Assistant Town Manager Pam Brandmeyer asked for clarification about the need to
facilitate community use of the pavilion while recovering hard costs associated with the
use, including cleaning, staffing and utilities. Rod Slifer suggested being generous with
the free use policy for the first year or so to help build exposure for the building. Greg
Moffet agreed, noting his frustration in learning that a Brownie Troop had been turned
away due to the cost. Moffet suggested using the pavilion as a venue to provide
activities, such as dances, for people under 21, as well as other community uses. Noting
the need to clarify whether the pavilion should be booked to break even or accept a
large loss, Diana Donovan suggested that a more appropriate venue for some of the
smaller groups is the library community room. Bill Jewitt suggested the need to review
the building's performa and associated assumptions, while Dick Cleveland said the town
should do all it can to recover cleaning costs, saying the facility is not appropriate for
every group. Ludwig Kurz suggested the town should try to break-even on the facility,
but to accept the alternative if it isn't possible. Chuck Ogilby predicted the pavilion will
become a popular meeting venue once paid parking begins in the structures. In
completing the town manager report, Stan Zemler recognized Police Commander Joe
Russell, who has recently returned from the FBI Training Academy, where he completed
a 10-week professional development program.
Lastly, Mayor Ludwig Kurz invited the community to join the Town Council at a welcome
reception for new Town Manager Stan Zemler and his family on Oct. 23 at the Donovan
Pavilion.
As there was no further business, Greg Moffet moved and Bill Jewitt seconded to
adjourn. A vote was taken and the motion passed unanimously, 7-0.
Respectfully submitted,
ATT T:
�eleYbonaldson,
14,, 4, �
Town Clerk
Ludwig Kuri)Mayor