HomeMy WebLinkAbout2004-07-06 Town Council Minutes•
VAIL TOWN COUNCIL
EVENING SESSION
TUESDAY, JULY 6, 2004
6:00 P.M.
TOV COUNCIL CHAMBER
The regular meeting of the Vail Town Council convened at approximately 6:06 p.m.
on Tuesday, May 18, 2004.
Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo,
Diana Donovan, Greg Moffet, Farrow Hitt
Staff members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Input. There was none.
The second item on the agenda was the Quarterly 1-70 Noise Mitigation Update. On
December 2, 2003 the Vail Town Council directed town staff to pursue four areas of
focus to mitigate 1-70 impacts on a short-term and long-term basis with updates to be
reported on a quarterly basis. The last quarterly update occurred on March 16, 2004 with
reports on the four focus areas of education, enforcement, engineering and legislation.
In this report, staff presented a summary of additional actions, including traffic
enforcement, education, noise and speed measurements, as well as an analysis of
temporary noise wall demonstration options.
Staff requested Council to consider the following three items:
1) Direct staff to continue to pursue a temporary noise wall demonstration project
with additional analysis on two possible approaches: a trailer alternative; and a
noise wall panel alternative. Council ultimately directed staff to continue to
pursue the temporary installation of noise wall panels along a test location in
West Vail. The four -week test would be used to measure the effectiveness of
permanent noise walls. The Council was presented with, a second option
involving the use of tractor trailers parked alongside 1-70 similar to temporary
sound walls used on the T-REX project on 1-25. However, the Council majority
said the noise wall panels would better replicate the impact of a permanent
solution. Next steps involve meeting with the West Vail neighborhood to explain
the concept more fully and to request support; receiving approvals from the
Colorado Department of Transportation and the Federal Highway Administration;
as well as seeking participation from the Colorado Motor Carriers Association to
help reduce the cost of the pilot project, currently estimated at $262,000, which
includes an offer by Empire Acoustics of Trinidad, Colo., to donate 2,000 lineal
feet of panels. Public Works Director Greg Hall said the noise test would be most
effective if it could be implemented during a four -week period in August or
September.
2) Authorize an expenditure of up to $60,000 from the Capital Projects Fund to
purchase and install two speed control radar signs for installation on 1-70.
Council agreed not to pursue this option.
3) Authorize the Town Manager to continue with the alternative actions outlined in
the Memorandum of Understanding between the Town of Vail and the Colorado
Motor Carriers Association. Council directed the Town Manager to continue to
pursue these options.
In addition, other ideas offered during the discussion included a suggestion by
Councilman Greg Moffet to conduct a site visit to learn more about enforcement of
highway noise violations and to put more teeth in the town's existing noise ordinance.
Councilman Dick Cleveland suggested setting aside a pool of money to be used by
private property owners to mitigate noise on their property. The 1-70 update also
included a report from Police Chief Dwight Henninger on the status of the department's
traffic safety enforcement program, known as 65 Max.
The third item on the agenda was a discussion of percentage guidelines for the General
Fund Balance. Finance Director, Judy Camp, recommended that the town maintain as a
target over the next five years, 35% of general fund revenue in the general fund balance.
Camp reported that the town's General Fund balance has grown from $3.7 million or
21 % of revenue in 1999 to $10 million or 46% of revenue by year-end 2004. The budget
guideline for the General Fund balance was 10% in 1999 and was increased to 25% for
the 2001 budget. The guideline was established to assure that the fund balance is
adequate to cover short-term fluctuations in revenues, emergencies, and planned future
expenditures. Government Finance Officers' Association (GFOA) "recommends, at a
minimum, that general-purpose governments, regardless of size, maintain unreserved
fund balance in their general fund of no less than five to 15 percent of regular general
fund operating revenues, or of no less than one to two months of regular general fund
operating expenditures." This recommendation, of course, should be considered in the
context of the particular government's own circumstances. The Town of Vail is heavily
dependent upon a single source of revenue — sales tax, which contributes about 45% of
all town revenue. Two other revenue sources, the ski areas admissions tax and the
public accommodations tax, which add another 10%, are similar to the sales tax in that
their revenue is concentrated in the five winter months and they are vulnerable to
outside factors such as snow conditions, tourism, and the general economy. Another
source of revenue that is generally considered more stable is property tax. Because of
the Gallagher Amendment, however, the town has seen a reduction in property tax
revenue and is likely to see additional reductions in the future. As the town enters into a
period of intense redevelopment, near -term expenditures are expected to increase.
Utilizing these considerations as a base for analysis, Camp emphasized that it would be
prudent to carry a fund balance that is higher than the GFOA recommended minimum.
Camp then suggested that an appropriate General Fund Reserve Balance target for the
2005 budget and five-year plan be established at 35%. Council approved of Camp's
recommendation.
The fourth item on the agenda was a public hearing on the Ice Dome. The ice dome
0 facility is owned by the Town of Vail and has been operated by the Vail Recreation
District for the past three seasons. However, recreation officials have indicated the
district will not operate the facility for the 2004-05 season due to projected losses in the
bubble's operations. In the past, the dome has received a conditional use permit to
operate in a location just east of the golf course clubhouse from November to April. The
facility is then placed in storage during the off-season. The bubble was acquired by the
town in 2000 at the request of Vail Junior Hockey and other skating groups to offset
scheduling conflicts at Dobson Ice Arena. In its infancy the bubble endured a lawsuit by
neighboring homeowners who feared its presence would attract late -night noise and
increased traffic. Following the recreation district's latest decision to forego operation of
the bubble, the Vail Town Council was presented with three possible options for
consideration. (1) Sell the bubble to the highest bidder. (2) Keep the bubble in storage
for the next year to allow time for a demand evaluation for a second sheet of ice within
the town limits. (30) Solicit a third party operator for the 2004-05 season. Craig Detton,
John Tetstrum, Vail Junior Hockey Association, Mery lapin, Louise Funk, and Kate Gray
all spoke in support of the bubble, or some fashion of a second sheet of ice in Vail.
Many believed adequate practice times for junior hockey programs would be
unavailable, and that non ice related events would interrupt Dobson Arena's value as a
reliable winter sports facility. Scott Proper and Peter Cook, Vail Recreation District
(VRD) Board members and East Vail residents, stated that now is not the time to put a
second sheet of ice in Vail, and that another year of demand analysis is in order. Jerry
Sibley stated that he believed the actual operation of the bubble in the past, was
sabotaged by the VRD, and encouraged increased cooperation between the VRD and
TOV. Christina Wyatt inquired as to who is responsible for promotion of the bubble and
1101 skating programs. Many council members responded that answers to Ms. Wyatt's
questions were uncertain. Councilman Moffet questioned the need for a second sheet of
ice and added that no empirical evidence existed to support such a notion. Councilmen
Logan and Clevleand encouraged those in favor of more ice in Vail to continue with
strategic planning and organization. Councilwoman Donovan suggested that the town
should continue to store the bubble and supported further "ice demand" analysis. Mayor
Slifer voiced that he would encourage the bubble being re -erected in Vail, and that
interested parties should return, preferably no later than September, with a viable
operating plan for the facility. Cleveland moved to continue to store the bubble, with
Logan seconding. Motion passed 6-1, with Moffet opposed
The fifth item on the agenda was a request by The Vail Conference Center Advisory
Committee to approve the following:
1) Review the recommendation from the Committee on short -listing the design
team candidates and to issue the Request for Proposals to the six
recommended design teams.
2) Review and approve suggested changes to the design team selection
process from the Committee.
3) Request permission to issue an RFP for a surveyor to survey the Lionshead
parking structure site and surrounding area.
The request was in accordance with the continuation of the following steps approved on
June 15:
0 1. Approval of the proposed process for engaging the public in the design team
selection process.
2. Selection criteria for request for proposals.
3. Consideration of proposed process givens.
4. Review of updated project budget and interrelated parking costs, and
5. Consideration and review of the major points of the proposed scope of
service request for proposals for design services (to be given to the top three-
four teams selected in the qualification competition).
The Conference Oversight Committee (sub -committee) unanimously recommended that
Council approve the above mentioned requests. Paul Rondeau asked that the Council
continue to support public involvement, make written requirements for the project
publicly available, and follow specifically outlined milestones and checkpoints. Moffet
moved, Cleveland, seconded. The motion passed 6-1, with Donovan opposed.
The sixth item on the agenda was a Piney Lake / Forest Service Cut Update. Cal
Wettstein, U. S. Forest Service (USFS), announced that the USFS is proposing a timber
harvest using a commercial thinning prescription, of lodge pole pine in an area four miles
northwest of Vail, near Freeman Creek. The primary access to this timber stand is via
FSR700 Red Sandstone Road, the road to Piney Lake. Approximately 1,900 acres of
timber will be harvested during an eight year period, between 2005 and 2012. Log trucks
will be utilizing Red Sandstone Rd. and North Frontage Rd. for access to 1-70, between
June 1 and October 31. No hauling would occur on weekends or holidays. Flaggers and
other safety measures will be in place during harvesting operations. Wettstein also
publicized that if any interested parties would want observe the affected areas, the
USFS would help facilitate information and access.
The seventh item on the agenda was a request for funding of Vail Classic Bicycle Ride
on Labor Day Weekend. Arn Menconi approached the town to act as a sponsor for a
Labor Day bicycle ride to cover the route locally referred to as the Leadville Loop. At a
meeting on June 30, Kelli McDonald and Ian Anderson, of the Vail Local Marketing
District Advisory Council (VLMDAC) agreed that if approved, the event would be
incorporated into the marketing efforts for the timeframe of August 15 through
September 15, which efforts were endorsed by Council at an earlier meeting forgiving a
$50,000 working capital loan to the Vail Local Marketing District (VLMD). It was
reported that the event would be expected to draw between 300 to 500 riders. It was
subsequently reported that many event participants would spend at least one night in the
Town of Vail. Sybill Navas and Ian Anderson, on behalf of the Commission on Special
Events, indicated another bicycle ride honoring Brent Malin had been funded by CSE for
$3,000 and that the producer of this event had agreed to combine his event with
Menconi's proposed Labor Day ride. Navas and Anderson stated the CSE had $7,000
remaining in their '03 budget and indicated that other CSE board members were willing
to earmark those funds for the Labor Day event. Navas also stated that she had
canvassed the CSE, and that the board unanimously supported a total contribution of
$10,000 to the event Scott Proper, Vail Recreation District Board member stated that the
VRD would be willing to assist in event coordination. Moffet moved, Logan seconded.
Motion passed unanimously, 7-0 to approve up to $15,000 for the now cancelled Pro
Cycling Tour (PCTO in September '04.
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The eighth item on the agenda was the first reading of Ordinance No. 15, Series of
2004, and an ordinance amending Ordinance No. 12, Series of 1997, removing a
condition of approval that prohibits the operation of restaurants within the special
development district, and setting forth details in regard thereto. At its June 28, 2004,
public hearing, the Planning & Environmental Commission (PEC) reviewed a request to
remove an existing condition of approval which prohibits the operation of "restaurants or
similar food service operations" on the Austria Haus property. Upon review of the
request, the Planning & Environmental Commission voted 5-1 (Jewitt opposed) to
forward a recommendation of approval, with conditions, to the Town Council for the
proposed major amendment to Special Development District No. 35. The PEC findings
and recommendation are identified in the June 28, 2004, staff memorandum to the
Commission. The Community Development Department recommended that Council
approve Ordinance No. 15, Series of 2004, on first reading. Johannes Faessler
addressed the Council and explained the history of the area and why the prohibition of
restaurants was originally enacted. Moffet moved to approve Ord. 15, Hitt seconded.
Motion passed unanimously, 7-0.
The ninth item on the agenda was the First reading of Ordinance No. 16, Series of
2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an
amended approved development plan for Special Development District No. 6, Vail
Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; and setting
forth details in regard thereto. On June 14 and 28, 2004, the Town of Vail PEC held
public hearings to consider a request for a major amendment to a special development
district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel
East, located at 100 East Meadow / Lot M, N, O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. Upon consideration of the request, the
Commission voted 6-0 to forward a recommendation of approval of the request to the
Town Council. In forwarding their recommendation, however, the Commission proposed
several revisions to the conditions of approval. Community Development staff
recommended approval of the Ordinance. Waldir Prado, property owner, and Tim Losa,
project architect, addressed Council to help elucidate the scope and specifics of the
project. Council requested staff look into appropriate mitigation for the loss of three
parking spaces, and public improvements to replace the Crossroads sidewalk. Moffet
moved, Ruotolo seconded. Motion passed unanimously, 7-0.
The tenth item on the agenda was the First reading of Ordinance 12, Series 2004, An
Ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail;
providing for certain housekeeping amendments to the Town of Vail Police Regulations:
and setting forth details in regard thereto. After consultation with the Town Prosecutor,
several housekeeping amendments were proposed to bring the Town's Police
Regulations up to date and in further compliance with State Statutes. Cleveland moved
to approve as read, but including changes suggested by Matt Mire, with Moffet
seconding. Motion passed unanimously, 7-0.
The eleventh item on the agenda was (a) Second reading of Ordinance No. 10, Series
of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to
amend the Gross Residential Floor Area (GRFA) regulations in the Single -Family
Residential (SFR), Two -Family Residential (R), and Two -Family Primary/Secondary
Residential (PS) Districts, and setting forth details in regard thereto. (b) First reading of
Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations,
Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the
Hillside Residential (HR), Single -Family Residential (SFR), Two -Family Residential (R),
Two -Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density
Multiple -Family (LDMF), Medium Density Multiple -Family (MDMF), High Density
Multiple -Family (HDMF), and Housing (H) districts, and setting forth details in regard
thereto. Jim Lamont, Vail Homeowners Association Representative, spoke in support of
adoption on first reading, and encouraged town staff to work with the local press to
explain in detail what the changes clearly represent. John Schofield, former PEC Chair,
encouraged Council to consider a variance procedure. Council chose to table the
second reading of Ordinance No. 10; and then reviewed and approved Ordinance No.
14 on first reading. Both Ordinance No. 10 and Ordinance No. 14 were scheduled for
further review and second reading at the Town Council's July 20, 2004, meeting.
Cleveland moved to approve with the addition of of Section 15, para. C, Hitt seconded.
Motion passed 6-1, with Moffet opposed.
The twelth item on the agenda was the Second reading of Ordinance No. 6, Series of
2004 — An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal
Code of the Town of Vail providing for certain amendments to comply with the Colorado
Noxious Weed Act and setting forth details in regard thereto. Pursuant to CRS § 35-5.5-
101 et seq., the Colorado Noxious Weed Act, town staff developed a Weed
Management Plan for those plants declared to be noxious weeds by state statute. The
Ordinance also provides for other minor amendments to the Town Code to further
comply with state statute. Moffet moved, and Ruotolo seconded. Motion passed 6-1,
with Donovan opposed.
0 The thirteenth item on the agenda was the Town Manager's Report.
• ADA Compliance
Zemler reported: that the town is ready to enter into a settlement agreement with the
Department of Justice (DOJ) that allows for town facility modifications to be completed.
As a part of the town's report, improvements to the Ford Amphitheater (owned and
operated by the Vail Valley Foundation, VVF) will coincide with the town's repairs. Town
staff also re -scheduled maintenance projects in '04 to free up funding to complete
approximately half of these repairs and will include line items in the '05 budget to
complete the remaining work. Staff stated that they believe this will be completed on
time, and with some refinements and negotiations along the way, under budget. Staff
reported they had met with Dennis Stein, Jim Collins and Linda Alexander (attorneys for
the Vail Recreation District, VRD) on Thursday, July 1, to discuss the separate report
that was issued to the VRD. Negotiations on cost -share will continue. The DOJ,
recognizing the VRD's issues are substantially more complicated and expensive to
resolve, has expressed a willingness to enter into a much longer time negotiation with
the VRD as long as both parties (the town and VRD) continue to hammer out the details
and move forward in a solution -oriented manner. Moffet moved and Ruotolo seconded,
to authorize the Town Manager to continue negotiations and enter into an agreement to
remedy the ADA compliance issues as well as to move forward with a construction
contract.. Motion passed unanimously, 7-0.
0 9 Eagle County Capital Projects Committee
Zemler stated that following the fall election in '03 and during Council's committee and
task force appointments discussion, Rod Slifer was appointed to the County Capital
Projects Committee to fill Ludwig Kurz's former position. Since that time, Slifer has
indicated that because of other commitments, he would be comfortable with the Mayor
Pro-Tem, Dick Cleveland, serve on the committee in his stead. Moffet moved, to
approve this action, with Ruotolo seconding. Motion passed unanimously, 7-0.
• Update on Chamonix Property Master Planning
Zemler reported that the Town has issued a request for proposals for the master
planning process for the Chamonix property. Proposals are due to the town at noon on
July 9. Zemler stated that he would like to form a subgroup to review the proposals. As
envisioned, this subgroup would be comprised of two Council members, several
neighborhood representatives and staff. It was decided that Cleveland and Ruotolo
would be the Council representatives on the subgroup.
• Donovan Pavilion
Staff provided Council with a letter from Donovan Pavilion Management, Inc., outlining a
change in internal structure as well as a set of promotional and marketing materials that
had been produced by this company for the pavilion.
• Transportation
Zemler announced that the Rural Resort Region will convene its first meeting to discuss
the IGA for the establishment of an 1-70 Central MountainTransportation Corridor
Coalition. The meeting will be held on Friday, July 16 in the Fremont Room of the
Summit County Community and Senior Center, with Moffet attending.
• Request to use Council Days at Dobson
Zemler and Brandmeyer reported that the National Brotherhood of Skiers (NBS) will be
bringing a group of 3-5,000 skiers to Vail from February 5-12, 2005 and that Dobson
Arena will be used by the NBS as their registration headquarters for concerts and
banquets. Vail Resorts has requested use of eight Town Council use days at the facility.
The town's management agreement with the VRD allows for up to 10 days use from the
time period of December 15 to March 14. The daily standard rental rate for the facility is
$3,500/day. Day use given by the Council still requires hard costs be reimbursed to
VRD that can run as high as $1,700/day (to include utilities, set up, tear down, staging,
etc.). In the past, Council has not given more than one or two days of free use during
this timeframe. In speaking with the VRD, the district has already displaced regular
programming to accommodate this group. The NBS has been offered a contract but had
not yet signed it. In the VRD's negotiations with the group, the district had offered a
discounted rate of $3,500 for day 1, with the remaining 7 days at $2,500/day (with no
additional costs for services, which because of the various set ups, will be extensive).
Staff stated that they would continue to research solutions other than the one presented,
that would more effectively serve as an incentive but would not undermine VRD's ability
to generate revenue. Staff also indicated that they would continue to pursue
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mechanisms to offset certain costs with obtaining the facility. Council agreed that the
town should continue to court the organization.
• Vail Local Marketing District (VLMD) Working Capital Loan
Zemler reiterated that the Board of the VLMD met on June 15th and authorized the
redirection of $50,000 originally budgeted for marketing the Pro Cycling Tour toward a
Front Range direct marketing campaign. Town Council had previously agreed that the
Town would forgive $50,000 of VLMD's loan from the Town so that VLMD could fund the
Pro Cycling Tour. Staff requested a motion confirming that the $50,000 in loan
forgiveness, continue to apply with the change in use of the funds. Moffet moved to
approve to compensate for the loss of the PCT event, Logan seconded. Motion passed
unanimously, 7-0.
• Easement / Red Sandstone multi -purpose recreation facility
The Town Manager was authorized to sign a trench agreement followed by a permanent
easement agreement with Holy Cross Electric at the Red Sandstone multi -purpose
recreation facility. The easement will provide power to the building by tying into the holy
Cross Electric Vault in the road to the new transformer to be set east of the new building.
Moffet moved, Ruotolo seconded. Motion passed unanimously, 7-0.
• Easement / Booth Creek Culvert underl-70
The Town Manager was authorized to sign a temporary construction easement to
replace the Booth Creek Culvert under 1-70. This is a sub -standard culvert and is
needed to expedite the process to avoid another sink hole incident. Moffet moved,
Ruotolo seconded. Motion passed unanimously, 7-0.
The fourteenth item on the agenda was adjournment. Moffet moved, Ruotolo
seconded. Motion passed unanimously 7-0, at 11:02 p.m.
Rodney Slifer, Vayor �L1.
COL
(_'Aorel6i Donaldson, Town Clerk
Minutes taken by Corey Swisher.
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