HomeMy WebLinkAbout2007-10-16 Town Council MinutesVail Town Council Evening Meeting Minutes
Tuesday, October 16, 2007
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: Rod Slifer, Mayor
Greg Moffet
Mark Gordon
Farrow Hitt, Mayor Pro -Tern
Kevin Foley
Kim Newbury
Kent Logan
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Pam Stenmark thanked outgoing Councilman Greg Moffet for his effort and dedication
while serving on the Vail Local Marketing District Advisory Council for the past eight
years. Mayor Rod Slifer read a proclamation in his honor. Moffet received an ovation
from those in attendance.
Kaye Ferry announced the Vail Chamber & Business Association would be hosting a
Council Candidate forum to be held at 6:00 p.m. October 18 at Donovan Pavilion.
The second item on the agenda was the Town Manager's Report.
• Wendy's Deconstruction.
Town Manager Stan Zemler announced that in order to prepare the Wendy's site as a
potential additional outlying winter parking area, staff had requested bids for
deconstruction of the site. Superior Contractors, Inc., submitted a bid of $35,482, which
would recycle 95% of the building materials, as well as give the town points toward
green construction. Additional dollars will be spent on items such as asphalt millings,
removal of the grease trap, and so on. Zemler then recommended paying for the project
out of the 2007 budget line item specific to the design/construction of the third fire
station. Zemler said this starts the process of obtaining a LEED's (Leadership in Energy
and Environmental Design) certified project. Gordon said, "It's the right thing to do."
The third item on the agenda was a discussion of Conceptual Ideas for Use of Ford
Park and the Vail Golf Club (Joint Meeting wail Recreation District, e.g., VRD).
Zemler stated the two boards developed a subcommittee which examined various
projects from three perspectives: 1) maintaining what we have; 2) improving or adding to
our recreational capital inventory and programming; and 3) what's the next exciting
opportunity for the community? The committee is comprised of VRD board members
Michelle Hall, Joe Hanlon and Scott Proper, and Vail Council members Greg Moffet and
Mark Gordon, along with staff from both organizations. Mike Ortiz, Executive Director of
the VRD, stated, "The Borne engineering report (professional facilities evaluation) told us
about a lot things that need some investment... If we are going to look at what are the
next series of improvements we want to make, this tells us what that might look like ... If
we are going to provide new services and facilities what would those things be, and then
we need to plug in some costs ... We need to address the agreements and funding of the
deferred maintenance." Ortiz then thanked town staff member Todd Oppenheimer for his
work in addressing facilities maintenance requirements. It was then explained the joint
VRD/Town of Vail subcommittee has been working with the architectural firm of Otis
Odell, from Odell Architects, over the past several months to explore possibilities for re -
siting various recreational amenities. Odell emphasized, "This is sort of a snapshot in a
process that really has been very collaborative ... We have created an affinity matrix
where various sports and recreation offerings were compared against each
other ... We've taken this list and then started to develop some different options." Odell
provided a summary of potential recreational layouts of Ford Park and the Vail Golf Club.
Moffet stated, "It's been a good process I'm just sorry I won't be here to see the next
phase." Slifer commented, "I think you should go ahead." Hitt said, "It's nice to have a
good working relationship with the VRD ... This is good work and it's a great step." Foley
encouraged asking questions in regard to public recreation wants on the next community
survey. Gordon thanked the staff of both organizations for their efforts on the conceptual
plan. VRD Board Member Michelle Hall said she believed Odell did a fantastic job on his
organization of community ideas. "We started with giant steps, now the steps seem
more doable ... I'd like to see us keep moving ahead." VRD Member Rick Sackbauer
said, "I'd like to step back one more time and see if we can together find some new
ideas that will pay for these expensive things we all need to have happen, and they need
to happen sooner rather than later." During a pause for public comment, John Zahner
said he believed the demand for recreation at the Ford Park athletic fields had
diminished. Tom Steinberg said he believed Gore Creek had been ignored as a
recreational asset.
The fourth item on the agenda was a Loading and Delivery Update.
Zemler reported that at the June 19, 2007 Council meeting, staff received direction to
develop a Council -supported operational plan for the successful use of a dispersed
loading and delivery network in Vail Village. The direction reaffirmed policy decisions
established years earlier in the town's ongoing effort to address the various conflicts
associated with the current state of loading and delivery in the Village. With the
completion or near completion of shared delivery bays at One Willow Bridge Road, Vail
Plaza Hotel & Club and the Mountain Plaza (formerly Front Door), staff convened a 17-
member stakeholder Working Group during the summer to discuss the use and
coordination of these additional options, as well as an assessment of the current
policies. Based on feedback from the Working Group, Zemler said the following
adjustments to improve the current loading and delivery network would begin with the
start of the 2007-08 ski season:
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• Identify additional loading spaces on East Gore Creek Drive, along East Meadow
Drive (east and west of Bridge Street), and the north and south sides of the
International Bridge.
• Assign small delivery trucks (UPS, USPS, Fed Ex, etc.) to use designated loading
zones during restricted periods.
• Introduce new Code of Conduct for delivery drivers as standard operating
procedure.
• Create and distribute a loading and delivery map for new drivers.
• Provide advance notification when special events necessitate changes in loading
and delivery policies.
• Expand staffing hours of code enforcement officers at Checkpoint Charlie from the
current 8 a.m. to 5 p.m. operation to 7:30 a.m. to 6 p.m.
• Increase police enforcement of existing policies.
• Install technical platform that will enable the eventual use of video cameras at
strategic locations in the Village, such as Hanson Ranch Road, for improvement in
enforcement from Checkpoint Charlie.
With the exception of the adjustments listed above, Zemler indicated vendors are
making arrangements to service their Vail customers this winter based on the current
guidelines. However, following the conclusion of the ski season, when more information
will be known about the functionality of the newly constructed delivery bays, it is
recommended a discussion be held with the Town Council to seek direction as it relates
to three options developed by the Working Group. While the Working Group has
completed its assigned task, it is recommended that members be convened on an as -
needed basis as issues arise. Several members of the Working Group attended the
discussion and were asked to comment. United States Postal Service representative Jim
Armstrong stated, "The Town Council has a big task ahead of them ... I don't envy your
situation in trying to meet the goals of the master plan (which encourages pedestrian
friendly streets) and the goals of the guest which is to have a great experience
(restaurants well supplied, etc.)." Kaye Ferry of the Vail Chamber encouraged enhancing
staffing at Checkpoint Charlie to assist in regulating deliveries. "The first step in getting
to the bottom of this is to enhance the existing rules ... They have not been enforced in
any way shape or form for a very long time." Hitt said the town will continue to work on
the issue and enhance the experience for the guest. Representing the Vail Village
Homeowners Association Jim Lamont stated, "I think what we see tonight is a process of
building trust and confidence with the Town of Vail and the Vail business community."
He also spoke in favor of enhanced enforcement. "All we ask is for eight continuous
hours of quiet in the evening." Local restaurateur Hermann Staufer thanked Zemler for
"taking the bull by the horns" and creating collaboration when dealing with a difficult
situation. He then said when all the loading and delivery facilities come on line, the
community would be able to see what the real loading and delivery needs and assets
are. A Coors Distributing representative said the proposed recommendations would not
allow enough time to make the necessary deliveries.
The fifth item on the agenda was an Eagle County Housing Action Team (HAT) update.
Don Cohen presented a plan that would conceivably move forward on the Urban Land
Institute's recommendation to develop an effective workforce housing program and
begin in 2008. "HAT strives to create a broad plan for 2008 and beyond to expand Eagle
County's workforce housing inventory, help communities plan and manage it effectively,
and make it easier for qualified buyers to acquire a home." He then stated other
communities in the Vail Valley had asked for assistance in administering residency
required housing. Cohen continued, "Vail needs to widen and globalize its view." Gordon
said, "I really have mixed feelings about this." Moffet said the missing part of Cohen's
presentation was "community." "Nothing irritates me more than looking at Miller Ranch
and seeing people live there who used to live here... Neighborhoods need to remain
integrated... What's in it for us? We don't want to be a donor jurisdiction ... I'm not as
concerned about solving the county's problem as I am about solving ours." Council's
concern was that HAT recommendations would not likely include workforce housing in
the Town of Vail.
The sixth item on the agenda was a request to listen to presentations from 1) Vail
Resorts Development Company; and 2) Open Hospitality/Lincoln Partners Entity
concerning the redevelopment of Timber Ridge, Discuss the proposals presented and
allow for public comment regarding the same.
Moffet moved to table the item to a special meeting on Tuesday, October 30 at 3:00 p.m.
with Hitt seconding. The motion passed unanimously, 7-0.
Moffet left the meeting at approximately 8:20 p.m.
The seventh item on the agenda was a request by the owners of two deed restricted
Employee Housing Units (EHU) located at 201 Gore Creek Drive (the Bell Tower building) to
release the deed restriction on EHUs located in the Bell Tower. In exchange for the release,
the owners would provide the Town of Vail a Type IV deed restricted unit at 4192 Spruce
Way (Altair Vail Inn).
Town Housing Coordinator Nina Timm reported it is the desire of the Bell Tower employee
housing units owners to remove the two deed restricted EHUs which total 597 square feet,
located at the Bell Tower building and replace them with a new deed restricted EHU located
at 4192 Spruce Way, which is 1,192 square feet. The existing EHU square feet would then
be incorporated into the primary residence located on the third floor of the Bell Tower
building. Representing the applicant, Dean McFarland explained the nature of the request.
"The actual living experience and the units themselves are not that good of an experience
for a Vail employee." Kaye Ferry asked what the applicant had paid for the Spruce Way unit.
The applicant stated the unit was under contract for approximately $427,000. Hermann
Staufer said the units in the Bell Tower building are very small. "You are talking about two
cubby holes really ... I recommend very highly you take the trade." Gordon asked for more
equity on the trade. Gordon then moved to table the item until November 6 to allow the
applicant to find a situation that would be more equitable for the town with Hitt seconding.
Hitt encouraged possibly entertaining a pay -in -lieu situation. Newbury suggested a site visit.
The motion passed unanimously, 6-0.
The eighth item on the agenda was an Alpine Drive Drainage project contract approval
request.
Public Works Director Greg Hall asked Council to authorize the Town Manager to enter
into an agreement with Western Slope Utilities to complete the Alpine Drive drainage
project. Staff has received bids October 8, 2007, for the Alpine Drive drainage project.
Western Slope Utilities was the sole bidder and the bid was within budget. The project
consists of storm sewer installation on Alpine Drive. The project is scheduled to begin in
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iliw late October and be completed by mid November. Hitt expressed concern that
residential construction had created a situation the town was required to remedy. Hall
explained landslides in the 1980s were predominantly responsible for causing the issue.
Hitt then moved to authorize the Town Manager to enter into an agreement with Western
Slope Utilities to complete the Alpine Drive Drainage project in an amount not to exceed
$235,000.00 with Foley seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was the proposed use of electronic restraint devices by
Vail PD.
Police Commander Steve Wright stated the Vail Police Department is proposing the
purchase and issue of the Taser electronic restraint device (ERD). Currently, each
officer carries two types of less lethal equipment; OC (pepper) spray and the ASP
collapsible baton. As part of the department's methodology, it will adopt the International
Association of Chiefs of Police Nine Step Strategy for Effective Deployment. The nine
steps are:
• Build a leadership team.
• Place the ERD on the use of force continuum.
• Assess the cost and benefit of using ERD's.
• Identify roles and responsibilities for ERD deployment.
• Develop ERD policies and procedures (Note: The TOV's liability insurance carrier,
CIRSA, has a model policy for ERD use.)
• Engage in community outreach.
• Create a comprehensive training program.
Use a phased approach.
Assess ERD use and determine next steps.
Wright emphasized the need for an additional intermediate force option. The acquisition
of the Taser electronic restraint device will likely decrease officer injuries, decrease
injuries to criminal suspects, and reduce worker's compensation payouts. The police
department has currently budgeted $5,200.00 in 2007 and 2008 funds. The remaining
costs will be funded from asset forfeiture monies. Council asked Wright to return to
Council after deploying the Taser so as to determine its safety and effectiveness. Logan
moved to adopt the use of Tasers by the Vail Police Department with Hitt seconding.
The motion passed unanimously, 6-0.
The tenth item on the agenda was an appeal of the Town of Vail DRB's denial of a
design review application (DRB07-0330), pursuant to Section 12-11, Design Review,
Vail Town Code, to allow for a change to approved plans regarding architectural
alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot
4, Block 2, Bighorn Subdivision.
Planner Scot Hunn reported on August 15, 2007, the DRB denied a request for a change
to approved plans pursuant to Section 12-11, Design Review, Vail Town Code,
regarding architectural alterations (exterior materials) to an existing residence, located at
3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 15' Addition. On September 4,
2007, the Appellant filed an appeals form to appeal the DRB's denial of a design review
application (DRB07-0330). Representing the applicant, local architect Kirk Aker
described the project history and explained the architectural details of the duplex. Mire
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explained the adjacent property owner did not object to the improvement, rather the DRB
did not approve the improvement. Ruther clarified both sides of the property had to be
architecturally compatible. "Staff made recommendations (small details) that could have
made the proposed improvements more compatible." Hitt moved to uphold the DRB
decision with Newbury seconding. The motion passed unanimously, 6-0.
The eleventh item on the agenda was a request by Vail Resorts Development Company,
represented by Bob Stozek, to proceed through the development review process with a
proposal to construct improvements on the Town of Vail owned Tract A, Vail Lionshead
Filing 3, generally located between the Antlers and Lion Square Lodge properties, adjacent
to Gore Creek.
Ruther explained it was the desire of the applicant, Vail Resorts, to apply for applications to
amend the approved Arrabelle project development plan to remove skier drop-off from the
Arrabelle Hotel site and to construct a new skier drop-off parking lot. The proposed skier
drop-off parking lot would be located on property owned by the town. Therefore, the
applicant must first obtain Council (i.e. property owner) approval before proceeding through
the town's development review process. The Community Development Department
recommended Council deny the applicant's request to proceed through the development
review process. Gordon moved to table the item until November 6, with Logan seconding.
Hitt stated the proposal would be a waste of Council's time, as he believed the proposal
would only create pedestrian and vehicular congestion. Foley asked if the item was related
to a Temporary Certificate of Occupancy for the Arrabelle at Vail Square. Ruther confirmed it
was. The motion to table passed 4-2, with Newbury and Hitt opposed.
The twelfth item on the agenda was the first reading of Ordinance No. 23, Series 2007.
An Ordinance Deleting Section 5-1-5, Vail Town Code, Regarding Abatement of the
Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter 10
"Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction" Town Attorney
Matt Mire explained within the State of Colorado and within the town there exists a
growing mountain pine beetle epidemic. The presence of the mountain pine beetle and
beetle infested trees within the town presents a real and substantial risk to the public
health, safety and welfare, including the increased risk of rapidly spreading fire. In
addition, the presence of dead or substantially dead trees, regardless of the cause, also
presents the increased risk and danger of rapidly spreading fire as described above. As
such, certain text amendments are necessary to the Vail Town Code, as they relate to
the abatement of the mountain pine beetle, dead or substantially dead trees and other
fire fuels to protect the health, safety and welfare of the town and its inhabitants. The
ordinance, as proposed, requires homeowners with dead trees on their property to
remove them or submit an acceptable plan for their removal within 10 days of notification
by the town. Hitt expressed concern the proposed owner notification and response
process was too rapid for homeowners and those not in compliance with the ordinance
would have difficulty adhering to it. Foley clarified the town was not exempt from the
ordinance. Hitt moved to approve the ordinance by modifying the deadlines from 10 days
to 30 days; Newbury seconded. The motion passed unanimously, 6-0. Representing the
Vail Village Homeowners Association, Jim Lamont stated," I would make sure staff has
adequate resources to implement this thing right out of the chute ... It's within reason to
make sure this is adequately funded."
The thirteenth item on the agenda was the first reading of Ordinance No. 31, Series of
2007, an ordinance approving a major amendment. to SDD No. 4, Vail Cascade,
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pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number
of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision
Planner Scot Hunn reported that on October 24, 2007, the PEC held a public hearing on
a request for a major amendment to SDD No. 4, Vail Cascade, pursuant to Article 12-9A,
SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at
1310 Westhaven Drive/Vail Cascade Subdivision. Specifically, the Applicant proposes to
increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC"
building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the
request, the PEC voted 6-0-0 to forward a recommendation of approval, with conditions,
of the request to amend SDD No. 4, Vail Cascade, to the Vail Town Council.
Representing the applicant Allison Kent stated the change would generate fewer
employees. Newbury moved to approve the ordinance with Gordon seconding. The
motion passed 5-1, Foley opposed.
The fourteenth item on the agenda was Resolution 25, Series of 2007, A Resolution
supporting the Colorado Forest Management Improvement Act of 2007, Encouraging the
congressional delegation of the State of Colorado to actively continue their unified and
bi-partisan support of the bill and to push for rapid approval by the Congress of the
United States of the same, and to express the gratitude of the Vail Town Council for
recognition of the delegation of the magnitude of the bark beetle infestation in Colorado
and for the efforts made in drafting, introducing, and supporting this act.
Newbury moved to approve the resolution with Foley seconding. The motion passed
unanimously, 6-0.
The fifteenth item on the agenda was Adjournment.
11116V Newbury moved to adjourn at approximately 9:45 p.m. with Foley seconding. The motion
passed unanimously, 6-0.
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Rodney E. Slifer, Mayor
ATTEST:
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orelei Donaldson, Town Clerk
-�L ORP�O
Minutes provided by Corey Swisher.
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