HomeMy WebLinkAbout2003-11-18 Town Council Minutes• VAIL TOWN COUNCIL
Evening Meeting
Tuesday, November 18, 2003
The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on
Tuesday November 18, 2003 by Mayor Rod Slifer,
MEMBERS PRESENT
STAFF PRESENT:
Mayor Rod Slifer
Dick Cleveland, Mayor Pro -Tern
Diana Donovan
Ludwig Kurz
Kent Logan
Greg Moffet
Kim Ruotolo
Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Dan Telleen, a Vail Village gallery owner, outlined three suggestions to help increase
efficiencies in the parking garages. First, he said, the town could stretch its available
parking by approximately 12 spaces if it converted pockets of unused space into
designated motorcycle parking. He also suggested developing an awareness campaign
• that would reward employees who voluntarily choose to park in outlying areas of the
structures, freeing up the closer spaces for shoppers. Telleen said the spaces could
even be color -coded to help direct users to the appropriate spaces. Also, Telleen
suggested the town needs to be more empathetic in its policies regulating "turners,"
noting that quick errands, such as trips to the post office, could cause violations of the
policy as an unintended consequence.
After congratulating the newly elected members of the Town Council, Rick Sackbauer,
chairman of the Eagle River Water and Sanitation Board, addressed two issues with the
group. First, Sackbauer expressed support for returning the gymnastics program to Vail
through construction of an expanded, multi -use facility to replace the former facility
which has been purchased by the water district for a plant expansion. In addition to a
partnership by the water district, which has already set aside $400,000 for the project,
Sackbauer expressed hope that participation by additional partners, such as the Eagle
County School District, would make it possible to build a new facility. On another topic,
Sackbauer thanked the Council for its support in helping to defeat Referendum A, the
statewide water financing ballot issue. A better solution, he said, involves discussions
and partnerships by the various water providers. A recent example is an agreement by
five water agencies, three from the Eastern slope and two from the Western slope, to
explore a reservoir at Wolcott, he said. Lastly, Sackbauer invited the Council to meet
with the water district board in a joint meeting to discuss additional issues.
David Reichardt, a West Vail resident, expressed his opposition to the Town Council's
interest in studying possible consolidated fire services with the Eagle River Fire
Protection District. Instead, Reichardt said, a better focus would be to build the West Vail
. fire station. Reichardt explained that he'd had a fire at his house a week ago and it took
20 minutes for firefighters to arrive. Reichardt suggested the town faces liability issues
• due to its delay in constructing the station, which, according to Reichart, was supposed
to have been built in 1985.
The second item on the agenda was the Appointment of One Member to the Building
and Fire Codes Appeals Board. Greg Moffet moved 0 to appoint Lynn Fritzlen of Fritzlen
Pierce Architects to the Building and Fire Codes Appeals Board. Ludwig Kurz seconded
the motion and the Council voted 7-0 to approve. The term will run for five years.
The third item on the agenda was an Authorization to Sign a Letter of Agreement to
Discuss and Study Consolidated Fire Services, Greg Moffet made a motion to direct the
mayor and town manager to sign a letter of agreement with representatives of the Eagle
River Fire Protection District to determine if consolidating into a single fire district is
mutually beneficial to both entities and worthy of a future public vote for such
authorization. Dick Cleveland seconded and the Council voted 7-0 to approve. In
introducing the draft agreement to the Council, Town Manager Stan Zemler said the first
task would be to provide a service level model with cost estimates and performance
standards. From there, the two entities would then discuss a process in which
consolidated fire services would be provided to the town on a contractual basis for a
period of six months to a year. This, said Zemler, would help determine if an inclusion
agreement is an appropriate next step. During discussion, Councilman Kent Logan
asked for clarification about the various evaluation steps, saying the process must
involve full input from the Vail firefighters. Councilmember Diana Donovan noted the
need to fully determine the extent to which consolidated services would benefit Vail, now
and in the future. During the public comment period, David Reichardt, a West Vail
• resident, urged the Council to reject the agreement, noting that public safety and the
construction of a West Vail fire station should be a higher priority than looking at a
financial savings to the town through consolidation. Councilman Dick Cleveland
reminded the group that from day -one, the direction from Council has been no reduction
of service, while Councilman Greg Moffet said his assumption is that Vail will see an
improved level of service and a West Vail fire station, should the two agencies merge.
The fourth item on the agenda was discussion of a Park User Fee. Noting that a more
detailed discussion on park user fees had taken place during the afternoon work
session, Mayor Rod Slifer provided a brief summary of the agenda item. He began the
update by saying that many communities charge a fee for the ability to reserve space in
parks for special events and other functions. He said the Vail Town Council has
expressed interest in creating a fee schedule for use of the lower bench of Ford Park, in
particular, to recover town costs associated with the use. Slifer announced that a task
force has been created to develop a recommended rate schedule, which will be
presented to council at an upcoming meeting.
The fifth item on the agenda was a Request for In -Kind Services to Support December
2003 Birds of Prey World Cup event in Beaver Creek. Greg Moffet moved and Ludwig
Kurz seconded to approve a motion to authorize up to $10,000 for in -kind bus service to
assist in transporting spectators to the Birds of Prey World Cup event in Beaver Creek
on December 6th and 7th. The Council voted 7-0 to approve. In presenting the
request, Ceil Folz and Kurt Kreig of the Vail Valley Foundation, said the assistance
would benefit the area with national and international television coverage as well as
other media exposure opportunities. The town has assisted with the transportation
• services since 1997, joining the Town of Avon, Beaver Creek Resort Company and the
Vail Valley Foundation. Noting the addition of the Eagle County Regional Transportation
• Authority (ECO) as a new partner this year, Councilmember Diana Donovan asked for
clarification about the funding level. It was noted that ECO's presence provides a large
enough pool of vehicles so as not to cause buses to be pulled off their regularly
scheduled routes. Councilman Ludwig Kurz emphasized the positive exposure the races
bring to Vail, saying that viewers in Europe still consider the World Cup to be in Vail.
Representing the Vail Commission on Special Events (CSE), Sybill Navas, said that
while the CSE has no authority to grant in -kind services on its own, the group
recommended Council's support of the request. Councilmember Kim Ruotolo noted a
discrepancy in the request, with one information sheet indicating an in -kind request of
$12,000 and another requesting $10,000. Public Works Director Greg Hall said the
difference was due to an increase in charter rates, which will become effective January 1
and that the $10,000 request would cover the Foundation's transit needs from the town.
The sixth item on the agenda was an Overview of a "Multi -Purposed Recreational
Facility". In introducing the agenda item to review the concept of an indoor recreational
facility, Mayor Rod Slifer announced the item would be deferred to a later meeting,
saying a presentation would be premature, given the outcome of the Eagle County
School District's mill levy issue, which was defeated on November 4th, and was to have
been used to help fund the facility at the $150,000 contribution level. Slifer then called
upon former councilman Chuck Ogilby to make a few remarks. Ogilby encouraged the
Council to continue moving forward in planning an indoor recreational facility to be built
at Red Sandstone Elementary School, calling it a once in a lifetime opportunity. Ogilby
distributed a letter to the Town Council dated October 27 from the Eagle County School
District expressing interest in contributing $150,000 toward the project. Ogilby also said
• he'd be willing to put an ad in the newspaper to seek a private donor who could take the
proposed facility to a new level. The Council then agreed to direct a subgroup comprised
of Ogilby, Greg Moffet, Rod Slifer and Town Manager Stan Zemler to continue to work
on the concept.
The seventh item on the agenda was Resolution Number 13, Approving the Law
Enforcement Assistance Fund Contract. Greg Moffet moved to approve the resolution
authorizing the town manager to enter into an agreement that provides for a one-year
Law Enforcement Assistance Fund (LEAF) provided by the Colorado Department of
Transportation. Ludwig Kurz seconded the motion and the Council voted 7-0 to
approve. In presenting the resolution, Police Chief Dwight Henninger said the $22,000
funding will be used for labor and equipment to enforce the laws pertaining to driving
under the influence of alcohol or other drugs. In response to a question by Councilman
Dick Cleveland regarding DUI checkpoints, Chief Henninger said the department could
use the funding for checkpoints or DUI saturation patrols. Henninger said his preference
would be saturation patrols, which was met with Council agreement. Councilmember
Diana Donovan noted her expectation that the patrols be done in a guest -friendly and
local -friendly manner, to which Chief Henninger agreed would be the case.
The eighth item on the agenda was the First Reading of Ordinance Number 30, Series
of 2003, Supplemental Appropriation. Dick Cleveland moved to approve first reading of
a supplemental appropriation to the 2003 budget. Ludwig Kurz seconded the motion
and the Council voted 7-0 to approve. The appropriation increases the revenue budget
by $328,768 and increases expenditures by $437,529. There were four expenditures
without offsetting revenue: 1) new Ford Explorers for the police chief and town attorney
• to replace the existing leased Saabs; 2) new vehicles for administration and community
development to replace existing Saabs; 3) the assessment for capital repairs and
• improvements on town -owned office space at Village Inn Condominiums; and 4)
renovation of the sound system for the Council Chambers. During discussion,
Councilmember Diana Donovan suggested depositing proceeds from sales of Vail
manhole covers into the general fund instead of the Real Estate Transfer Tax (RETT)
fund. Councilman Dick Cleveland agreed, noting the proceeds are being used to help
support the Art in Public Places (AIPP) program. Cleveland said he'd like to see AIPP
have the ability to build up funds from the manhole cover sales and roll the funding
forward each year. Town Manager Stan Zemler agreed to follow up. Also, Councilman
Kent Logan said he'd like to review additional budgetary information when reviewing a
supplemental to help better understand year-to-date information. Mayor Rod Sifer noted
the supplemental is the third of the year and is used to make increases or decreases to
the budget. Councilmember Diana Donovan called the Council's attention to a line item
for setting up and tearing down the skatepark, a net cost to the town of $5,667. Donovan
said the cost is the result of not having a clear agreement with the Vail Recreation
District.
The ninth item on the agenda was the First Reading of Ordinance Number 31, Mill Levy
Certification. Ludwig Kurz moved and Diana Donovan seconded to approve first reading
of an ordinance setting the Town of Vail mill levy at 4.704 for 2003 property taxes to be
collected in 2004. The Council voted 7-0 to approve. In presenting the ordinance for first
reading, budget analyst Gina Bentz said the figures provided by Eagle County are
estimates and will be revised, if necessary, for second reading. Estimated collections are
$2,478,055 in property taxes based upon a total assessed valuation of $526,797,490 for
all taxable property within the town.
• The tenth item on the agenda was the First Reading of Ordinance Number 32, Major
Amendment to Vail Village Inn Phase 1 Special Development District. Dick Cleveland
moved to table first reading of an ordinance providing for a major amendment of Special
Development District No. 6, Vail Village Inn, Phase 1. Kim Ruotolo seconded the
motion. The Council voted 5-2 to table. Diana Donovan and Ludwig Kurz voted against.
It was explained the ordinance would allow for 2,132 sq. ft. of Gross Residential Floor
Area for a new residence to be located above the existing Alpenrose Restaurant. The
matter was tabled to the December 2 Council meeting upon the advice of Town Attorney
Matt Mire after Art Abplanalp, an attorney representing the president of the Vail Village
Plaza Condominium Association, said consent from the association had been improperly
authorized. Abplanalp said a meeting with the association was to have been held later in
the week and that while the town staff did its job properly, the matter should not have
been forwarded by the applicant. In response, the applicant said he objected to the
request to table, saying the condo association matter was an internal process and not
part of the public approval process. During discussion, Councilman Dick Cleveland
expressed concern about the transfer of two parking spaces associated with the project,
while Councilmember Diana Donovan said she would vote against tabling the motion,
saying the town shouldn't be policing whether the appropriate parties are signing
documents.
The eleventh item on the agenda was the Second Reading, Ordinance Number 19, Sign
Code Regulations. Diana Donovan moved to approve second reading of modifications
to the town's sign regulations. Ludwig Kurz seconded and the Council voted 7-0 to
approve the motion. In voting to approve the ordinance, Mayor Rod Slifer said that
• while this particular discussion was short, the action is the product of much hard work by
the town staff and the business community. Councilmember Diana Donovan, who
• helped facilitate the Council's review, acknowledged the modifications, while
comprehensive, don't address a visibility need raised recently by the owner of Verbatim
Booksellers, Donovan, who was joined by Councilman Dick Cleveland, said the town
would continue to look for ways to address those concerns.
The twelfth item on the agenda was Second Reading, Ordinance Number 28, Engine
Brake Restriction, Greg Moffet moved and Dick Cleveland seconded to table to
December 2 second reading of an ordinance restricting the use of compressed engine
brakes on trucks between milepost 181.5 and 173 in Vail, except for the aversion of
immediate and imminent danger. The Council voted 5-2 to table, Ludwig Kurz and Diana
Donovan voted against tabling the motion. The vote to table the matter followed an
overview by Town Manager Stan Zemler in which a list of alternative approaches was
presented that could be used to begin addressing 1-70 noise issues in lieu of the engine
brake restriction. Zemler's list included working with the Colorado Motor Carriers
Association and the Colorado Department of Transportation on a series of education,
enforcement and engineering solutions, plus additional traffic education and
enforcement by the Vail Police Department. During discussion, Councilman Greg Moffet
said the alternative actions presented by Zemler, including a draft memorandum of
understanding between the Colorado Motor Carriers Association and the Town of Vail,
were nothing more than a "group hug" and would likely be ineffective in getting the job
done. Therefore, Moffet suggested "keeping the gun loaded and cocked" as his rationale
for offering a motion to table second reading of the engine brake ordinance until the first
meeting in March, 2004. Greg Fulton, president of the Colorado Motor Carriers
Association, expressed disappointment in the motion, saying it sends the wrong
• message. Instead, Fulton asked the Council to consider defeating the ordinance with the
understanding it could be resubmitted at any time. Councilman Kent Logan asked Fulton
if his organization would still be willing to sign a memorandum of understanding if
second reading of the engine brake ordinance were tabled to March. Fulton indicated a
board meeting would be occurring the next day and he would receive direction from his
board at that time. The motion was then amended by Greg Moffet to table second
reading of the ordinance to the December 2nd meeting to allow time for the Colorado
Motor Carriers Association to respond to Councilman Logan's request about signing the
memorandum of understanding while second reading of the engine brake ordinance was
still at play. During discussion, other topics were raised, such as a question by Greg
Moffet about the likelihood of strengthening Vail's noise ordinance from 90 decibels to 70
decibels and whether the Colorado Motor Carriers Association would join Vail in its
efforts to lower the speed limit through Vail for all vehicles to increase safety. Following
the vote to table the matter, Jim Lamont of the Vail Village Homeowners Association
asked for clarification regarding the list of additional actions proposed by the town
manager. Mayor Rod Slifer said the Council would provide staff with direction on the
other actions at the December 2 meeting.
The thirteenth item on the agenda was the Town Manager's Report. During a review of
the written town manager's report, in which recommended criteria for complimentary use
of the Donovan Pavilion was presented, Councilmember Diana Donovan expressed
concerns about the proposal, which included Eagle County -based non-profit
organizations which benefit the Vail community within the criteria. Donovan suggested
limiting the free use criteria to Vail residents and property owners and raising rates for
use by those who live out of town. In addition, she said, the Council needs to have a
• serious discussion about how much the town is willing to subsidize the pavilion. Mayor
Rod Slifer suggested reviewing the 2004 bookings and projected revenues as a
• precursor to a subsidy discussion. Councilman Greg Moffet agreed and suggested a
more detailed discussion by the Council at an upcoming work session. Donovan asked
that an earlier draft of the complimentary use criteria be distributed for Council's review.
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Councilman Greg Moffet suggested the need to better understand federal legislation
under consideration that would allow home jurisdictions to collect sales tax for out of
town sales. Town Manager Stan Zemler agreed to follow up and report back to Council.
Following a motion by Greg Moffet, the Council voted 7-0 to adopt the Town Council
appointments as presented and discussed at the afternoon work session.
Town Manager Stan Zemler proposed the Town Council retreat be held the evening of
February 12th and during the day on February 13th. He also distributed directions to the
Colorado Department of Transportation meeting on November 19th in which several
Councilmembers had agreed to testify on behalf of proposed policy changes as they
relate to sound barriers.
As there was no further business, Greg Moffet moved to adjourn. A vote was taken and
the motion passed unanimously, 7-0.
Respectfully submitted, M-
SEA;
ATTEST:
ore i Donaldson, Town Clerk
Rod Slifer, Mayor,