HomeMy WebLinkAbout2003-12-02 Town Council Minutes• VAIL TOWN COUNCIL
Evening Meeting
Tuesday, December 2, 2003
The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on
Tuesday December 2, 2003 by Mayor Rod Slifer.
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
Mayor Rod Slifer
Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Ludwig Kurz
Kent Logan
Greg Moffet
Kim Ruotolo
Stan Zemler, Town Manager
Matt Mire, Town Attorney
In calling the meeting to order, Mayor Slifer thanked Chuck Ogilby and Bill Jewitt for their
years of service on the Town Council and expressed his appreciation to Ludwig Kurz for
serving as mayor the past four years. Slifer also welcomed newly elected Council
members Kim Ruotolo and Kent Logan. In addition, Slifer noted that an employee
• anniversary ceremony had been held earlier in the afternoon in which 19 Town of Vail
employees were recognized for their years of service to the town. Among them were
James "Cooter" Overcash, Sally Lorton and Mark Benson, who were recognized for 25
years of service.
The first item on the agenda was Citizen Participation.
There was no citizen participation.
The second item on the agenda was a Vail Local Housing Authority Appointment
Ludwig Kurz moved to appoint Councilman Greg Moffet to fill an unexpired term on the
Vail Local Housing Authority. Dick Cleveland seconded the motion and the Council
voted 6-0 to approve. Moffet will replace former Councilman Chuck Ogilby who has
resigned. The term will run to May 31, 2004.
The third item on the agenda was the Appointment of Election Commission Judges.
Greg Moffet moved and Dick Cleveland seconded to appoint Mary Jo Allen and Vi
Brown as Election Commission judges for the next two years, from November 2003 to
November 2005. The Council voted 6-0 to approve the motion. The two will join the
town clerk in serving on the Election Commission, which is responsible for conducting
elections in the town.
The fourth item on the agenda was First Reading, Ordinance No. 32, Major Amendment
to Vail Village Inn Phase 1 Special Development District. Citing findings of fact, Greg
Moffet moved to approve first reading of the ordinance providing for a major amendment
to Special Development District No. 6, Vail Village Inn, Phase 1. Ludwig Kurz seconded
• the motion. The Council voted 6-0 to approve. The ordinance allows for 2,132 sq. ft. of
Gross Residential Floor Area for a new residence to be located above the existing
• Alpenrose Restaurant. The ordinance had been tabled previously by the Town Council
due to questions raised by the president of the Vail Village Plaza Condominium
Association regarding consent from the association. During the public comment session,
attorney Art Abplanalp, who represents the condominium association, indicated the
board would not object to Council's consideration of first reading. However, upon second
reading, Abplanalp asked that two conditions be added to the ordinance: 1) that approval
of the condominium association is established prior to issuance of a building permit; and
2) that if a building permit is not issued within two years, approval will lapse.
The fifth item on the agenda was the Vail Town Council Sitting as the Town of Vail
Reinvestment Authority. At the request of the town staff, Greg Moffet moved and Ludwig
Kurz seconded to table a meeting of the Town of Vail Reinvestment Authority to the
December 16th meeting. The Council voted 6-0 to table.
The sixth item on the agenda was First Reading, Ordinance No. 33, Funiculars as
Conditional Use. Greg Moffet moved to table the reading to December 16th . Dick
Cleveland seconded the motion. The Council voted 6-0 to table. While Councilmembers
had directed staff to prepare the ordinance to address concerns associated with
installation of a funicular device, the legislation was tabled after Councilmembers
suggested the need to revise the ordinance to discourage funiculars unless access to
the property is restricted. Councilmember Diana Donovan, who suggested the
modification, encouraged the Council to approve the ordinance on first reading, noting
the additional changes could be added during second reading. However,
Councilmembers rejected Donovan's motion to approve first reading by a vote of 2 to 5.
• During public discussion, Jim Lamont of the Vail Village Homeowners Association urged
the Council to continue moving forward with the legislation. He also suggested including
exterior elevators as a conditional use. Resident and businessman George Knox
expressed dismay that anyone would be opposed to a funicular in Vail. He said the
device on Forest Road is "cool as hell" and has attracted curiosity and excitement from
Vail's guests. In response to additional questioning by Knox as to why neighbors would
oppose the device, Councilmember Donovan said the funicular has created a negative
visual impact on the hillside.
The seventh item on the agenda was First Reading of Ordinance No. 34, Rezoning of
Eagle River Water and Sanitation District Properties. Citing findings of fact, Citing
findings of fact, Greg Moffet moved to approve first reading of an ordinance to rezone
Eagle River Water and Sanitation District properties, located at 846 West Forest Road,
from Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use
zone district. Ludwig Kurz seconded and the Council voted 6-0 to approve the motion.
The rezoning includes the Old Town Shops property recently acquired from the Town of
Vail. The ordinance is among several steps needed to facilitate expansion of the
wastewater treatment plant. During discussion, the applicant's representative, Dominic
Mauriello of Braun Associates, Inc., said the project will protect the stream corridor by
providing separation between the proposed expansion and the flood plain. In addition,
he said, the project will facilitate the rerouting of snowcats away from Forest Road.
The eighth item on the agenda was First Reading, Ordinance No. 35, Rezoning
Lionshead Tennis Court Site and Ski -way. Citng findings of fact, Greg Moffet moved to
approve first reading of an ordinance to rezone the Lionshead tennis court site from the
• Agriculture Open Space zone district to the Two -Family Primary/Secondary zone district
and to rezone the ski -way from the Agriculture Open Space zone district to the Outdoor
• Recreation zone district. Ludwig Kurz seconded the motion. The Council voted 5-0 to
approve with Rod Slifer recusing himself. In presenting the ordinance for approval, town
planner Warren Campbell noted the applicant, Vail Resorts, is seeking to facilitate the
replatting of its tennis court site to allow for subdividing the site into four residential lots
and to rezone the ski -way to conform to minimum lot size requirements. The project is a
component of the Lionshead redevelopment effort, which involves four sites owned by
Vail Resorts. In providing an overview of the tennis court site project, Dominic Mauriello
of Braun Associates, Inc., representing Vail Resorts, acknowledged a series of letters
received from adjacent homeowners regarding the loss of a pedestrian path across the
property. Noting that Vail Resorts has been sensitive to those concerns, Mauriello
outlined two alternative access routes that could be used. He also described plans for a
widened skier bridge that would improve pedestiran access across the bridge. In
addition, Mauriello noted the ski company had agreed to reroute its snowcats away from
the Forest Road residences as a substantial public benefit. During the public comment
period, Fred Rumford, a resident of 675 Forest Road, shared his concerns, plus those
articulated by two of his neighbors regarding the loss of the tennis court path. Rumford
said the alternative options proposed by Vail Resorts were unsafe, given the steep
grades. He encouraged the Council to take the time to walk the neighborhood to better
understand his concerns. Attorney Jay Peterson, representing Vail Resorts, said the
tennis court path was constructed to be used to access the tennis courts and that once
the tennis courts closed, maintenance of the path was discontinued. Peterson also
called Council's attention to the letters of support for removal of the path. Also speaking
was attorney Art Abplanalp, representing four adjacent property owners, who voiced his
clients' qualified support for the proposal, calling the ski company's commitment to
• relocate snowcat access away from Forest Road of greater significance than restoration
of the path. Jim Lamont of the Vail Village Homeowners Association also offered support
for approving the ordinance, saying the path appeared to benefit a relatively narrow
audience and doesn't appear to be of greater public benefit because the path is not
continuous from one end to the other. Thea Rumford, also of 675 Forest Road, said 20
families live on the lower half of the road. Those parents, she said, are concerned about
the safety of their children in accessing Lionshead. During the Council comment period,
Diana Donovan said that while she had initial concerns, once she reviewed the plans
and talked to people, she surmised the applicant had done a good job in addressing the
concerns to the best of their abilities. Ludwig Kurz agreed, saying the options are
reasonable alternatives. In concluding the discussion, Mayor Pro Tern Dick Cleveland
asked Mauriello to review the public benefits associated with the project. Mauriello
stated the benefits include rerouting of the snowcat access away from Forest Road,
which requires construction of a new bridge over Gore Creek, and the provision of a new
turnaround for emergency vehicles on Forest Road.
The ninth item on the agenda was First Reading, Ordinance No. 36, Text Amendment
for Conditional Uses in Lionshead Mixed Use-1 Zone District. Citing findings of fact,
Ludwig Kurz moved and Greg Moffet seconded to approve first reading of an ordinance
that amends the list of conditional uses in the Lionshead Mixed Use-1 zone district to
include single-family residential dwellings and two-family residential dwellings. The
Council voted 5-0 to approve, Rod Slifer again recusing himself. In presenting the
ordinance for approval, town planner Warren Campbell said the legislation is the first in a
series of steps that will be needed to facilitate development of the Vail Resorts -owned
property, known as the West Day lot. Campbell went on to say the ordinance calls out
use specific criteria and standards to be used in the evaluation of a conditional use
• permit request for residential dwellings in that zone district. The criteria is as follows: 1)
• developed as part of a coordinated mixed -use development; and 2) a low -density
residential scale is advantageous to create compatibility with or a transition to other low -
density residential development in the vicinity of the coordinated mixed -use
development; and 3) the single-family and two-family residential dwellings are designed
to the same general scale and character of residential dwellings in residential zone
districts that allow single-family and two-family residential dwellings; and 4) the proposed
coordinated mixed -use development containing the single-family and/or two family
residential dwellings is consistent with the intent and objectives of the Lionshead
Redevelopment Master Plan. In response to a question by Mayor Pro-Tem Dick
Cleveland, Campbell clarified that all four use criteria must be met for approval of a
conditional use.
The tenth item on the agenda was Second Reading, Ordinance No. 28, Engine Brake
Restriction. Greg Moffet moved to:(1) table to March 16, 2004 second reading of an
ordinance restricting the use of compressed engine brakes on trucks between milepost
181.5 and 173 in Vail; 2) authorize the Vail Police Department to spend up to $46,000
for a one-year pilot program for 1-70 traffic education and enforcement; 3) enter into a
revised memorandum of understanding with the Colorado Motor Carriers Association to
work collaboratively on a series of education, enforcement and engineering items to
reduce noise and improve safe travel along 1-70; and 4) to pursue all other approaches
contemplated and to move forward with a multi -faceted action plan developed by Town
Manager Stan Zemler. Ludwig Kurz seconded the motion. The Council voted 5-1 to
approve, Diana Donovan against. Moffet asked that Zemler do his best to produce
tangible improvements. In response, Zemler said if results are slow to come, he'll return
• with a request to move forward with second reading approval of the engine brake
restriction. During discussion, Councilman Ludwig Kurz received clarification about the
addition of a reference to "EPA noise standards" in the memorandum of understanding
between the town and the Colorado Motor Carriers Association (CMCA) as the two
entities look to explore a pilot decibel reduction project. In a letter to the town manager,
CMCA President Greg Fulton had asked that the pilot program adhere to EPA noise
standards so trucks coming off the assembly line would be in compliance. Public Works
Director Greg Hall noted the town's current noise ordinance prohibits levels over 90
decibels from a distance of 25 feet. Councilman Kent Logan complimented the motor
carriers association for responding favorably to the matter, calling it a sign of good faith.
Logan then questioned the need to spend time on a motorist education program, saying
that he'd prefer the $46,000 be spent on traffic enforcement, particularly at the bottom of
Vail Pass where the speed limit for semi -trucks is 45 mph. Police Chief Dwight
Henninger explained that, when combined, an education and enforcement component
would be beneficial in addressing the overall goal to improve safety and reduce noise. In
addition to the bottom of Vail Pass, Councilman Greg Moffet suggested other areas for
enforcement, including the Cascade hill area and Dowd Canyon. Chief Henninger said
the intent would be to assign officers to areas that have been prone to accidents. In
addressing the Town Council, Greg Fulton of the CMCA asked that traffic enforcement
be applied to all vehicles. He pledged to work to get the word out at the east and west
ports of entry and offered to ask that additional resources from the Colorado State Patrol
be used to assist with the effort. In voting against the motion, Councilmember Diana
Donovan said she was in support of everything except the $46,000 expenditure for traffic
education and enforcement on 1-70 by Vail Police, saying a patrol officer could get killed
due to the amount of drug trafficking that exists along the corridor and that the state
• patrol is responsible for 1-7 and that the state patrol is responsible for 1-70.
. The eleventh item on the agenda was Second Reading of Ordinance No. 30,
Supplemental Appropriation. Dick Cleveland moved and Ludwig Kurz seconded to
approve second reading of a supplemental appropriation to the 2003 budget.
The Council voted 6-0 to approve. The appropriation increases the revenue budget by
$328,768 and increases expenditures by $437,529. Noting a discussion during first
reading of the ordinance, Councilman Dick Cleveland asked that the budget line item for
the Art in Public Places Program be moved to the general fund to account for revenue
transfers from the sale of manhole covers. Councilman Kent Logan acknowledged his
request for additional financial information had been met.
The twelfth item on the agenda was Second Reading of Ordinance No. 31, Mill Levy
Certification. Dick Cleveland moved and Ludwig Kurz seconded to approve setting the
Town of Vail mill levy at 4.70401 for 2003 property taxes to be collected in 2004.
The Council voted 6-0 to approve. The ordinance was revised from first reading to reflect
final numbers from Eagle County. Estimated collections are $2,478,145 in total property
taxes based upon a total assessed valuation of $526,815,400 for all taxable property
within the town.
The thirteenth item on the agenda was the Town Manager's Report. During his report,
Stan Zemler requested and received authorization from the Council to gather information
about the potential of inviting a panel from the Urban Land Institute to visit Vail next
summer to review a series of questions and/or problems posed by the town. Zemler
noted that Harry Frampton of East West Partners is the new chairman of ULI and has
proposed hosting a panel in Vail. Zemler said a similar panel was brought to Boulder
• several years ago to help the University of Colorado address six problems on four
campuses. Mayor Rod Slifer expressed support for the concept, noting that planning
experts from across the country are brought in at no cost other than travel expenses.
Noting Vail's uniqueness, Councilmember Diana Donovan wondered whether ULI would
have the resources to bring in experts familiar with mountain settings. Councilman
Ludwig Kurz noted ULI's prestigious reputation within the industry and noted his interest
in better understanding how the panel could benefit Vail.
On another topic, Zemler shared the October sales tax collections report, which shows
an increase of 4.64 percent from budget and up 1.06 percent from a year ago.
Lastly, Zemler received direction from the Council to proceed with design of the West
Vail Fire station, which will be done concurrently during discussions about a possible
consolidation with the Eagle River Fire Protection District. Noting that design money has
been budgeted by the town, Zemler said he would return to the Council with additional
details about the scope of work. Several councilmembers suggested touring the new fire
station at Cordillera as a first step and acknowledged the Council's previous commitment
in getting a third station underway.
Ludwig Kurz announced the Vail Valley Foundation has secured an extra downhill race
for the World Cup, due to lack of snow in Val d'Isere, France. Kurz noted the European
resort is one of Vail's major competitors in its bid to host the 2009 World Alpine Ski
Championships.
In concluding the meeting, Mayor Rod Slifer noted the presence of a new sound system
• in the Council Chambers with better amplification for members of the audience and
televised recordings.
• As there was no further business, Greg Moffet moved to adjourn and Ludwig Kurz
seconded. A vote was taken and the motion passed unanimously, 7-0.
Respectfully submitted,
Rod Slifer, May /r-
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