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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 I • 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 • • 1�1 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