HomeMy WebLinkAbout2006-08-15 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, August 15, 2006
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Rod Slifer.
Members present: Kent Logan
Rod Slifer, Mayor
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Not Present: Farrow Hitt, Mayor Pro-Tem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Tommy Neyens expressed
• concern over the potential LionsHead parking structure redevelopment. 'We need to
figure out alternative parking ... We need to do something different than tear down the
structure we have right now."
Guiqui Hoffman, representing her sister Nicole Hoffman Ewing, read a letter expressing
displeasure over how fast the LionsHead redevelopment RFP was occurring.
"LionsHead is being redeveloped too quickly." Guiqui then questioned the speed and
necessity of the structure's redevelopment.
Kim Newbury entered the Council Chambers at 6:15 p.m.
Bob Isom asked Council to, "Come down and see how difficult it is to perform business
in LionsHead." He then asked Council to wait until the Arrabelle was completed to begin
redevelopment on the LionsHead parking structure.
Bill Suarez, owner of Billy's Island Grill said, 'We will not be in business if you take that
parking structure away from us." He then questioned the need for commercial space in
LionsHead.
Vail Chamber and Business Association President Richard TenBraak asked Council to
use due diligence prior to redeveloping the LionsHead parking structure.
Tom Ludwig, co-owner of Montauk Seafood Grill, encouraged Council to use caution in
redeveloping the LionsHead parking structure.
is Rick Soberman also encouraged Council to use caution with the parking structure
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• redevelopment in LionsHead.
Packy Walker said, "It would be a travesty to this town if you tore that parking structure
(LionsHead) down."
Matt Carroll, general manager of Double Diamond Ski Shop in LionsHead, asked
Council to wait until the Arrabelle at Vail Square is completed before beginning another
project. "Give the people a chance to enjoy what we have to offer."
Jay Lucas, LionsHead ski shop owner, urged caution approaching the LionsHead
parking structure redevelopment.
Chris Manning, Swedish Clog Cabin, asked Council to put off LionsHead parking
structure redevelopment.
Craig Arford, Vail Ski Tech/Vail Bike Tech owner said, " I don't see why you can't build
another parking structure in the West LionsHead area first before tearing down the
current parking structure."
The second item on the agenda was a Council "call-up" of Commission on Special
Events ("CSE") decision to award a services contract without an advertisement, request
for proposals ("RFP") or other bid process. Town Attorney Matt Mire explained Council
was asked to uphold, uphold with conditions or reverse a decision of the CSE. On July
25, 2006, the CSE awarded a contract for $25,000 to CSE Member Stephen Connelly.
The contract was for a Special Event Guide and Application. On August 1, 2006, and
• pursuant to Section 3-6-8(a) Vail Town Code, Council called -up the decision of the CSE.
Mire asked if Council wished the contract to be subject to an RFP. Moffet moved to do
so with Logan seconding. Gordon reiterated that development of the handbook Was
important to the town. Rick Scalpello, organizer of the Vail Farmers' Market and former
CSE member said the guide would be beneficial to event promoters, subsequently
increasing town revenues. Moffet said he would have preferred documenting the intent
and purpose of the funds. `This was fundamentally a new line item." Foley said, 'With
an RFP maybe we can find somebody to do it for $20,000." The motion passed 5-1,
Moffet opposed.
The third item on the agenda was the discussion of the first reading of Ordinance No.
20, Series 2006, An Ordinance Repealing and Reenacting Title 5, Chapter 9 'Wildlife
Protection," Vail Town Code; Establishing Regulations and Standards Regarding the
Protection of Wildlife. Town Attorney Matt Mire explained, on August of 2002, and in
response to a dramatic increase in human -bear conflicts, Council adopted Ordinance
No. 19, Series 2002, which amended the Vail Town Code to include a Chapter regarding
Wildlife Protection. The stated purpose of the Wildlife Protection chapter was to "protect
and maintain wildlife in the town and surrounding areas and to minimize the risk of
dangerous interaction between humans and wildlife." On July 11, 2006, and based upon
the testimony from town staff and Bill Andree of the Colorado Division of Wildlife
(CDOW), regarding the effectiveness of the 2002 ordinance, Council directed staff to
prepare amendments to the Wildlife Protection Chapter which would more effectively
serve the purpose set forth above. On July 18, 2006, Council passed an emergency
measure which removed the warning requirement for first time offenders from the current
Wildlife Protection regulations and also eliminated the maximum fine amounts set forth
in the Code. Accordingly, first time offenders of the current Wildlife Protection
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• regulations are now subject to the General Penalty provision of the Code (up to $999 in
fines and incarceration of up to 180 days, or both). On August 1, 2006, Council heard
testimony and evidence from town staff, members of the community, licensed waste
haulers and the Colorado Division of Wildlife. Council then provided direction to amend
the current regulations. The options below merely reflected the two desired concepts as
expressed at the Town Council Meeting of August 1, 2006.
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Version # 1 — Would require all residents to obtain by April 15, 2007, at a minimum, a
Wildlife -Resistant Refuse Container (sturdy plastic with lid and latching mechanism). In
addition, said container when not in use must be stored in a house, garage or other
enclosure. If unable to store as such, then must have Wildlife -Proof Refuse Container
(metal), or an approved enclosure.
Version # 2 — Would require residents to obtain a Wildlife -Resistant Refuse Container,
ONLY if their own container cannot be stored securely in a house, garage or other
enclosure when not in use.
Both Versions — Required the following:
• The "Dawn to Dusk" (6:00 am — 7:00 pm) regulation to be followed on a year-round
basis.
• Construction sites to have separate containers with refuse edible by wildlife emptied
at the end of each day, or Wildlife -Proof containers.
• Special Event Refuse must be emptied at the end of each day and stored in .the
appropriate type of refuse container.
• Multi -family and Commercial refuse which is edible by wildlife must be stored in a
Wildlife -Proof Refuse Container (metal), or a Wildlife -Resistant Enclosure.
• Intentional and unintentional feeding of wildlife is prohibited.
• Compliance period is April 15, 2007, for those requiring special containers or
enclosures.
Police Chief Dwight Henninger said earlier in the day local trash haulers reported they
were unwilling to empty metal residential refuse containers. "One -hundred -fifty -dollars is
expected to be the cost for a plastic bear resistant container." Mire clarified neither
ordinance contemplated a metal container being utilized for curbside pickup. Chris
Fitzgerald, Garmisch Drive resident, encouraged steel receptacles built by Colorado
Correctional Industries be utilized as they are affordable. Blondie Vucich asked if bagged
trash placed on the curb the day of pickup was legal. "I am requesting a good
interpretation between the legal department and the police department." (Mire stated
bagged kitchen waste can not legally be placed curbside.) Sally Jackie asked for
clarification between the two ordinances and urged Council to adopt the strongest
ordinance possible. Henninger reported the dawn to dusk ordinance implemented in
2002 has been helpful in reducing calls for bear intrusions. Guy Ayrault said, "We do
have bears inside town during daylight hours ... We will have more bears in town:,:.We
have to break the pattern of the situation." Former Mayor Bob Armour stated, "I lean
toward version (ordinance) number two ... I still want a measured response," Chris
Fitzgerald then said the Chamonix Chalets continue to maintain unsecured refuse
containers. Former Council Member Dick Cleveland said, "I lean toward version two for
a number of reasons... Version number two accomplishes what we want to do ... A lot of
this is enforcement ... I think it's time to mandate any conviction of the bear ordinance
• that the court be required to impose purchasing a bear proof container... That way the
people who cause the problem pay for it." He then thanked Council for their support of
the Vail Pass bike path repaving. Rick Scalpello said, "if you are serious about fixing
this problem I encourage you to take the most stringent approach." Galen Aasland
encouraged a measured approach. Bill Andree, CDOW, encouraged the most stringent
waste receptacle management efforts. "It's a matter of how long you want to have a
nuisance in your neighborhood ... As we reduce the problem we are going to have some
growing pains with bears ... We have created a false food source." Newbury moved to
pass version two, adding that construction sites must have wildlife proof refuse
containers. The motion died for lack of a second. Moffet then moved to adopt version
one also adding that construction sites must have wildlife proof refuse containers, with
Logan seconding. He did encourage that any fines collected should be used to offset the
cost of purchasing new waste receptacles. 'We are going to cause a financial hardship
and excessive burden, but version one will more effectively modify animal behavior."
Foley suggested including a provision that removes exclusion of town receptacles from
the regulations. Public Works Director Greg Hall said most of the town's waste
receptacles are collected early in the morning. Town Manager Stan Zemler asked
Council for time to allow staff to analyze the impacts of the suggestion, as it would be a
potentially significant cost to the town. Bob Armour emphasized, "If you do it for the
citizenry, you should do it for the town." The motion to approve the first ordinance failed
3-3, Newbury, Foley and Gordon opposed. Gordon asked for guidelines regarding the
specifications of enclosures be provided at the next meeting. Logan asked that any
ordinance brought forward require all fines collected be used for families with special
needs to purchase bear resistant containers. Gordon moved to table the item 'until
September 5, 2006, with Foley seconding. The motion carried 4-2 with Newbury and
. Moffet opposed.
The fourth item on the agenda was the first reading of Ordinance No. 21, Series of
2006, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund,
and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado., Finance
Director Judy Camp clarified the supplemental budget contained updated revenue and
expenditure projections. Moffet moved to adopt the ordinance with Gordon seconding.
The motion passed unanimously, 6-0. Gordon noted the budget included additional
funding to purchase enough wind energy credits to offset the town's electric energy
usage. 'We are the largest municipality in Colorado who is exclusively using wind
power."
The fifth item on the agenda was Resolution No. 17, Series of 2006, a resolution
amending certain sections of the LionsHead Redevelopment Master Plan revising the
detailed plan recommendations for future development on the Ski Yard and Lion Square
Lodge development sites, as prescribed in Chapter 5 of the LionsHead Redevelopment
Master Plan. On August 14, 2006, the PEC held a public hearing on the proposed
amendments to the LionsHead Redevelopment Master Plan. Earlier in the day Council
visited the site and viewed potential encroachments. Planner Bill Gibson explained
according to Section 12-71-1-10, Setbacks, Vail Town Code, requires a ten foot, setback
from all site boundaries, unless otherwise specified in the LionsHead Redevelopment
Master Plan. The Lion Square Lodge East renovation proposal included encroachments
into the prescribed ten foot setback area adjacent to the ski yard. Therefore, the Lion
Square Lodge, in cooperation with Vail Resorts, submitted a request to amend the
Is detailed plan recommendations of the LionsHead Redevelopment Master Plan to allow
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for these encroachments. The Lion Square Lodge East and Vail Resorts subsequently
is requested approval of amendments to Chapter 5, detailed plan recommendations and of
the LionsHead Redevelopment Master Plan to facilitate the proposed encroachments
into the setback area adjacent to the ski yard. Moffet moved to pass the resolution with
Newbury seconding. Foley asked what the public benefits were for the "upzoning."
Gibson responded none. The motion passed 5-1 with Foley opposed.
The sixth item on the agenda was the Town Manager's Report. There was nothing to
report.
The seventh item on the agenda was Adjournment. Moffet moved to adjourn at
approximately 8:00 p.m. with Newbury seconding. The motion passed unanimously, 6-0.
Rod Slifer, Mayor
ATTEST:
f.-
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Lorelei Donaldson, Town Clerk
• 00rh RAOO.
Minutes provided by Corey Swisher.
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