HomeMy WebLinkAbout2005-11-01 Town Council Minutes•
Vail Town Council Evening Meeting Minutes
Tuesday, November 1, 2005
6:00 P.M.
Vail Town Council Chambers
Council Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro -Tern
Diana Donovan
Kim Ruotolo
Farrow Hitt
Greg Moffet
Not Present: Kent Logan
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
Slifer called the meeting to order at approximately 6:05 p.m.
The first item on the agenda was Citizen Input. There was none.
The second item on the agenda was the Consent Agenda. Approval of 10.04.05,
10.11.05, and 10.18.05 Evening Session Minutes. Moffet moved to approve the minutes
without amendments. Donovan seconded the motion. The motion passed unanimously,
6-0.
Slifer thanked the sitting Council for their hard work and successes in many projects that
have changed the face of Vail forever.
Hitt stated over the past twenty months it had been an honor and a privilege to have
served (on Council) with his fellow colleagues.
The third item on the agenda was the 1-70 Noise Mitigation Study Update. Public Works
Director Greg Hall announced that since April 2004, Hankard Environmental Inc. had
been under contract with the town to provide consulting services as part of a
comprehensive effort to reduce the impact of traffic noise on 1-70. Mike Hankard of
Hankard Environmental, then presented the final report on the study and associated
findings, specifically the results of modeling different barrier types (jersey barrier, berms,
concrete walls) along the 1-70 corridor, which generally showed typical concrete sound
walls were not effective/recommended in all areas. In the report were recommendations
for quiet asphalt, continued traffic speed enforcement, noise barriers and mitigation
education for affected properties. Town staff has begun to preliminarily examine the
tunneling of 1-70, and has met with Senator Allard to discuss possible discretionary
funding for a pilot project using "quiet" asphalt, coordinated with Colorado Department of
• Transportation (CDOT) on future sand storage berm locations, and worked with private
property owners to expand the sand storage berms at the Bald Mountain location. CDOT
is beginning an extensive noise study to follow up on the work it has already done.
CDOT has also committed to a Stone Mastic Asphalt (SMA) mix design for the future I-
70 overlay through Vail to occur in 2007-2008. Research and testing conducted by
CDOT and others show the SMA mix provides a one to four decibel reduction when
compared to the standard super pave mix. CDOT is also beginning an Environmental
Assessment (EA) for Vail Pass. Hankard stated he was optimistic in the effectiveness of
quiet pavement. 'We have good news on sustained results after seven years in
California." Hankard addressed various sites throughout town that would be appropriate
for potential sound walls or berms. Peter Kozinski, CDOT Lake and Eagle County
resident engineer stated, 'We are trying to determine how to minimize noise ... You can't
push snow over a four foot wall ... First and foremost is the safety of the traveling
public ... Right now we are struggling to find the finances to keep the roads patched
together." Hankard stated a three decibel decrease in noise is noticeable, five decibels is
good, and ten decibels is excellent. Moffet asked Kozinski what the town could do to get
CDOT's "attention" (in regard to noise mitigation policy and funding). Hankard and Public
Works Director Greg Hall recommended new residential and commercial project
approval needed to be sensitive to noise impacts of the highway. Hall discussed cut and
cover and tunneling projects, noting there are larger projects of a similar nature located
all over the world. Donovan questioned the carrying capacity of Vail if a cut and cover
option was realistically pursued. Moffet suggested temporary jersey barriers be used in
the summer to deter noise in sensitive areas. Donovan asked why CDOT would not
incorporate more methods used in European countries. Hankard stated Europeans have
. generally placed a higher value on noise reduction. Representing the Vail Village
Homeowners Association, Jim Lamont stated Council was, "jabbering about the problem
rather than just working on it ... I have given the same message to the same body ten
years ago about the beetle kill ... There are solutions... This body has to make a
commitment other than looking past your next term." Cleveland moved to direct staff to:
a) Investigate if the town could regulate brake muffler effectiveness
b) Investigate if the town could influence a reduction in the speed limit
c) Investigate possible use of temporary barriers
d) Continue the speed reduction campaign
e) Increase efforts to enforce noise regulations on 1-70
f) Continue to address noise mitigation as a major focus of the 1-70 PEIS, and the
proposed Vail Pass Environmental Assessment (EA)
g) Continue to have the Town of Vail heavily involved with the 1-70 corridor coalition
h) Revisit installation of radar activated electronic message boards
i) Continue to direct staff to work with CDOT to facilitate use of "quiet' asphalt in all
future asphalt work in Vail
j) Continue use of sand storage berms along 1-70 in Vail and work to obtain approvals
from private property owners to expand the sand storage berm project onto private
properties, where feasible
k) Continue to explore all forms of noise mitigation technology, including but not limited
to, a cut/cover or relocation of 1-70
The motion was seconded by Moffet. The motion passed unanimously, 6-0.
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The fourth item on the agenda was an Intergovernmental Agreement between the Vail
• Park and Recreation District (VRD) (the "District") and the Town of Vail (the "Town") for
financing of ADA remediation for buildings owned by the town and operated the VRD
Town Attorney Matt Mire announced that as a result of agreements between the 1) the
VRD and the U.S. Justice Department; and 2) the town and U.S. Justice Department,
related to ADA compliance at town owned and District leased facilities, the Town and the
district have agreed to jointly finance the ADA remediation. This Agreement
memorialized the previous understanding between the district and the town to share
equally in the total remediation cost. Moffet moved and Ruotolo seconded a motion to
direct the Town Manager to enter into the agreement. Donovan clarified the agreement
only applied to ADA compliance. The motion passed unanimously, 6-0.
The fifth item on the agenda was the selection of Art in Public Places (AIPP) Trash
Cans. Art in Public Places Coordinator Leslie Fordham reported the AIPP board
developed a unique, high quality waste receptacle for Vail. The prototype can is made
from 12 gauge steel, with two oversized pine cones plasma cut into the metal side
panels. It is finished with a baked on powder coat and a protective clear coat of paint.
The new trash receptacle is approximately the same size as the can currently made in
the TOV carpenter's shop. An internal cigarette butt receptacle can be added. The
Public Works Department reported metal trash cans would not require as much
maintenance as wood, currently costing the town approximately $150 per year to repair
and refinish. AIPP recommended the Public Works Department place an initial order for
twenty trash cans for Vail Village. Fordham reported the cost would be $1,285 per'can to
purchase 20 of them. Moffet clarified the purchase had been budgeted in the
. streetscape project. Ten percent of the budget would go to trash cans. Slifer
recommended the AIPP board seek competitive bids to fabricate the cans. Cleveland
moved to approve the design and to use competitive bids to determine the fabricator.
Moffet seconded the motion. The motion passed unanimously, 6-0.
The sixth item on the agenda was the Second reading of Ordinance No. 24, Series of
2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as
they relate to time share disclosure and registration requirements; amending Title 12,
Zoning Regulations, Section 12-2-2, Definitions, Section 12-61-1-3, Conditional Uses,
High Density Multiple -family Zone District; Section 12-71-1-4, Permitted and Conditional
Uses, Second Floor and Above, LionsHead Mixed Use 1 Zone District; Section 12-10-
10, Parking Requirements Schedules; Section 12-16-7(A)(8) Use Specific Criteria and
Standards; Title 13, Subdivision Regulations, Section 13-2-2 Definitions, for proposed
amendments. Town Attorney Matt Mire reported on September 12, 2005, the Town of
Vail PEC held a public hearing on the proposed amendments. Upon review of the
amendments, the PEC voted 7-0-0 to forward a recommendation of approval of the
request to the Vail Town Council. On October 18, 2005, Council approved Ordinance
No. 24, Series of 2005, on first reading. Moffet moved with Ruotolo seconding a motion
to approve the ordinance. Chief Planner George Ruther explained the difference
between a dwelling unit and accommodation unit. The motion passed unanimously, 6-0.
The seventh item on the agenda was Resolution 20, Series of 2005: Town Council
Resolution Supporting Question 1 in the Vail Municipal Election on November 8, 2005
Community Development Director Russ Forrest reported at the September 20, 2005,
40 Town Council meeting, Council directed staff to prepare a resolution endorsing the
approval of Question 1 in the Vail Municipal Election set for November 8, 2005, related
to the Vail Conference Center. During the public comment portion of the discussion,
• former Councilmember Chuck Ogilby asked Cleveland, Donovan and Hitt to envision the
conference center not as a stand alone project, but rather, as only one piece of the "Vail
Renaissance." Rob Levine, Antlers at Vail manager and Vail Valley Chamber & Tourism
Bureau board member, said, "Almost half of Vail's lodging revenue in 2004 came from
group business —that percentage of lodging revenue represents 19% of lodging revenue
for the entire year." Paul Rondeau stated he was disappointed the Conference Center
Oversight Committee (CCOC) did not play a larger role in the public process, and he felt
a final report from the committee was missing. "It was almost like a stealth group."
Council candidate Robert Aikens, Verbatim Booksellers, asked for Council to support the
conference center. Tom Steinberg spoke against the conference center as the town
should instead focus on more special events. "Government should not be competing
with private industry within the town." Carol Allman, Galatyn Lodge, commended the
council members who disagreed with the conference center. She encouraged Council to
pay for the conference center through a general sales tax increase. "If you have to have
it, find some equitable way to pay for it." Luc Meyer, Left Bank restaurant, stated he
believed private industry should join together and finance the center. 'Why does the
town always want to borrow money ... as a business man, I work hard, save money, and
then I pay for things." Stan Cope, CCOC member, commented that only nine or ten
lodges in Vail have any meaningful meeting space. `The town lodging community is
grossly underperforming." Bob Fritch, Sitzmark Lodge owner, inquired about what entity
would be ultimately responsible for repayment of the bonds in the event of default.
Representing the town, attorney Dee Wisor explained, the lodging tax would be
responsible... and if a default would occur, it may be difficult to access credit markets."
Donovan stated she was concerned about an operating cost deficit. Wisor stated the
town would be ultimately responsible for the costs. Joe Staufer expressed concern over
the town's lodging tax rate. Representing the Vail Village Homeowners Association, Jim
Lamont said, "Our association feels this particular project is ill advised and I, myself, will
vote no." Rick Scalpello, CCOC member, asked why private interests would not want to
invest in the conference center. Pam Stenmark, Evergreen Lodge part-owner/manager,
Jim Feldhaus of Colorado Mountain Express, Wolfgang Triebnig, the Lodge at Vail, and
David Gorsuch, Gorsuch retail, spoke in support of the conference center. During
Council discussion, Moffet said the town did not have the political will to allow a private
developer to build a conference center. Cleveland explained escalating costs were his
primary reason for voting against the conference center. "Parking, housing, and ability to
build next to the frontage road, there are a lot of unanswered questions... one of my
concerns is why we have to build this project right now ... this could spiral out of control
and we have seen projects sit vacant in this valley for ten years." Donovan referred to
lost opportunities, and questioned starting the process in the "middle." Moffet moved with
Ruotolo seconding a motion to approve the resolution. The motion did not carry with a
3-3 vote. Moffet, Ruotolo and Slifer voted in favor and Hitt, Donovan and Cleveland
opposed.
The eighth item on the agenda was Resolution No. 21, Series of 2005, a resolution
amending the Vail Village Urban Design Guide Plan to allow for changes to the
Architectural/Landscaping considerations for colors. On October 19, 2005, the Design
Review Board voted 4-0-1 to forward a recommendation of approval to the Town Council
and PEC to amend the Vail Village Urban Design Guide Plan to allow for changes to the
Architectural/Landscaping considerations for colors. On October 24, 2005, the PEC
voted 7-0-0 to forward a recommendation of approval to Council to amend the Vail
Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping
• considerations for colors. Moffet moved with Hitt seconding a motion to approve. The
motion passed unanimously, 6-0.
The ninth item on the agenda was the Town Manager's Report.
➢ Vail Valley Athlete Commission
Brandmeyer explained the Vail Valley Athlete Commission partners were: Beaver Creek
Resort Company, Town of Vail, Vail Resorts, and the Vail Valley Foundation. Recipients
are as follows: Nathan Asoian, $2,500; Clair Bidez, $1,500; Dylan Bidez, $1,500; Kevin
Hochtl, $750; Stacia Hookom, $2,500; Julia Littman, $3,000; Rachel Nelson, $1,500;
Eden Serina, $2,500; Josh Sherman, $1,500; and Jonathan Stevens, $750.
➢ Dobson Schedule and Operating Costs
Brandmeyer explained special event programming for Dobson Ice Arena, in 2005. The
following four performances have been scheduled:
December 10 and 11 311
December 27 and 28 String Cheese Incident
Four dates in March 2006 have been placed "on hold" for special events/concerts;
however, the acts have not currently been booked. VRD staff has a commitment with
Resort Entertainment to book seven special events at the arena in 2006.
➢ Proposed Council Retreat
Zemler explained in order to provide preparation time prior to the town -wide community
meeting scheduled for Thursday, January 12, 2006, staff would like Council feedback on
setting Friday, December 16, for the Council retreat. Given the timing of the election, the
subsequent "swearing in" of the newly elected Council members on November 15,
allowing for the holidays, and after having gathered input from the focus groups, staff
believes this will still provide an opportunity to assemble materials and an agenda based
on Council input for the upcoming community meeting. Council members indicated the
16th was too close to the holidays and would need to be rescheduled.
The tenth item on the agenda was Adjournment. Moffet moved with Ruotolo seconding
a motion to adjourn. The motion passed unanimously, 6-O.The meeting was adjourned
at approximately, 9:00 p.m.
Respectfully Submitted,
Rodney E. Slifer, Mayor
0 ATTEST:
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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