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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- : TE T:elei onaldsATownClerk