HomeMy WebLinkAbout2008-10-21 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 21, 2008
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 Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Dick Neal encouraged the Town of Vail to revisit various parking opportunities in Minturn
that had been explored previously. He also spoke in support of angled parking on the
Frontage Roads.
Vail Mountaineer Publisher Jim Pavolich spoke in support of adding more exterior
modular news racks throughout Vail Village and LionsHead, as well as creating a priority
for access by local daily newspapers over other commercial publications.
The second item on the agenda was an Eagle Sustainable Communities 2010 update.
Eagle County Commissioner Am Menconi informed the audience and Council that the
Eagle County Commissioners and staff have begun a comprehensive initiative called
Sustainable Communities 2010. This effort is intended to provide local decision makers
quantifiable "quality of life" data and information, along with suggested tools, in order to
assist in decision making when developing public policy toward sustainable communities
throughout Eagle County. The program is meant to support the County's organizational
mission statement, which is "To be the model of excellence for mountain communities by
2010." The purpose of Sustainable Communities 2010 is to first quantify residents'
needs and levels of service, then recommend solutions to ensure impacts associated
with growth are mitigated and adequate services provided to meet the demands of the
population. Sustainable Communities 2010 comprehensively considers the economic,
social and environmental challenges that arise from growth. Menconi and fellow
Commissioner Peter Runyon both emphasized the most important aspect of the initiative
is the sharing of this information with towns and other community leaders, through
ongoing communication and collaboration. Eagle County Community Development
Director Keith Montag provided an overview of the analysis that had been performed.
Runyon said emphasis needed to be placed on downvalley park and rides (in order to
expand or enhance public transportation). Menconi clarified park and ride locations had
been identified although they lacked funding. Gordon thanked the commissioners for the
work they were doing. During a pause for public comment, Dr. Tom Steinberg of Vail
said he was disappointed only two doctors in the county accepted Medicaid for children.
The third item on the agenda was the Town Manager's Report
➢ Fire Station RFP.
Town Manager Stan Zemler said funds were budgeted in 2008 to pursue the design of a
West Vail Fire Station. Council directed Zemler to continue the fire station design
process.
➢ Americans with Disabilities Act (ADA) Compliance Update.
Town Attorney Matt Mire said the town had achieved compliance with the town's federal
ADA compliance requirements.
The fourth item on the agenda was the Vail Environmental Sustainability Plan.
Town Environmental Officer Bill Carlson stated at the January 22, 2008, Town Council
retreat, Council identified the completion and adoption of an Environmental Sustainability
Plan by fall, 2008, as a critical action toward advancing environmental sustainability, one
of three top town priorities identified along with housing and transportation. Staff drafted
initial policy statements, goals, and next steps based upon the environmental goals
identified in the 2007 Vail 20/20 Community Plan. Carlson reported the following had
been developed as a policy statement:
"The Town of Vail shall serve as a nationally recognized leader in sustainability through
a commitment to community partnerships and balanced stewardship of human, financial
and environmental resources in policy and daily operations."
Environmental Sustainability Coordinator Kristen Bertuglia then outlined the proposed
sustainability goals:
Goal #1: Solid Waste Stream Reduction and Recycling. Reduce the amount of TOV
landfill contributions by ten percent within five years, and 25% within ten years.
Goal #2: Energy Efficiency and Green Building: Reduce the TOV municipal and
community energy use by 20% below 2006 levels by 2020. Continue to ensure that
100% of TOV electricity use is either derived from, or offset by renewable power.
Goal #3: Ecosystem health: Ensure that the natural environment, specifically air and
water quality, water quantity, land use and habitat are maintained to current or improved
levels of biological health.
Goal #4: Sustainable Economic and Social Development: Lead programmatic efforts to
promote sustainable and profitable business practices within TOV and the Vail
community. Implement TOV employee sustainability programs to maintain high quality of
life standard.
Goal #5: Public Education and Communication: Increase public education and
awareness, communication and environmental stewardship in the TOV.
Goal #6: Transportation: Reduce the environmental impact of transportation by
supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT)
by commuters and guests by 20% by 2020.
Council agreed with the policy statement and goals. For more information, contact Bill
Carlson at 479-2333.
The fifth item on the agenda was a Presentation to the Vail Town Council on the current
status of the Ever Vail redevelopment, which will include the application submittals, the
process, and roles and responsibilities of the Town moving forward.
Community Development Director George Ruther explained that the redevelopment of the
area known as Ever Vail is an intricate project with many applications and steps within the
development review process. Furthermore it will include the roles and responsibilities of the
Town Council, PEC, and DRB. "We could potentially be expecting an application for the
project as soon as October 27... We would really like to be clear about our expectations."
The following development application will be required:
➢ Colorado Department of Transportation/Federal Highway Administration Road
Relocation
➢ Subdivision/Land Division/Dedication
➢ Master Plan/Zoning Code Amendments
➢ Rezoning
➢ Major Exterior Alteration/Conditional Use Permits
➢ Design Review
Daly asked for a comprehensive evaluation of the total project, "I want to go in with
everyone understanding pretty well in terms of what the expectations are." Ruther said,
"Someone asked me how long will this take...I answered I am not sure...I believe the Front
Door project took about a year to reach final approval." Zemler thanked Ruther and his staff
for providing a comprehensive overview of what would be required for project approval
The sixth item on the agenda was an update on 1-70 noise issues including noise
reading results of 1-70 noise in a before and after comparison of the 1-70 overlay project
Public Works Director Greg Hall said 1-70 noise mitigation has been a priority of
numerous Town Councils. Various studies have been performed in determining the best
strategies on mitigating noise in Vail. In 2005 the council adopted a multi -prong
approach to mitigating noise. The four major components were:
➢ Enforcement
➢ Education
➢ Engineering
➢ Legislation
Hankard Environmental representative Jeff Cerjan said the new pavement on 1-70 had
reduced sound between two and three decibels. "The big question will be will it last
longer than a year or two... That's the big question." Police Chief Dwight Henninger said
around 2,000 traffic citations have been issued since the introduction of the noise
mitigation program in 2004 (speed reduction helps to eliminate road noise).
The seventh item on the agenda was the First reading of Ordinance No. 22, Series of
2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn,
amending and re-establishing the approved development plan for Phase III of Special
Development District (SDD) No. 6, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of an existing office and retail
space to residential for an addition to an existing dwelling unit, located at 68 Meadow
Drive/Lot 0, Block 5D, Vail Village Filing 1.
Planner Nicole Peterson reported that between October 13, 2008, the PEC voted 2-1-1
(Kurz opposed, Pierce recused) to forward a recommendation of approval to Council for
the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. Vail Homeowners
Association representative Jim Lamont clarified horizontal zoning was allowed in the
town. The applicant requested approximately 1,000 square feet of commercial space be
converted to residential. This would impact twelve feet of commercial frontage.
Sherman and Howard (legal firm) representative Tim Devlin said the requested change
would decrease the parking requirement of 2.8 spaces and generate $37,000 pay -in -lieu
for affordable housing. Blue Line Architects representative Ken Bridges said lack of
pedestrian access and poor solar exposure has hindered the vitality of the plaza. "It's
going to become almost a residential courtyard." Local business owner Jonathan
Staufer clarified the affected business, To Catch a Cook, has been operational for
approximately ten years. While discussing the location of the property and its retail
effectiveness, Robinson & Mitchell Real Estate owner Robby Robinson commented, "In
nine years I've had ten walk-ins come into the business." Vail Village Homeowners
Phase III representative Ann Bishop spoke in support of this application. She then
expressed concern about a proposed pocket park slated to occur between the Village
Inn development and the currently under construction Solaris project. Newbury moved to
deny the ordinance request with Gordon seconding. Lamont clarified the motion was
made due a belief the ordinance would hinder the vitality of the area consistent with the
stated goals and outcomes of the Vail Village Master Plan. He then said this residential
area was to act as a passage between two very large projects. Joe Staufer said, "This is
upstairs space whether you like it or not...I urge you tonight to think about what is fair,"
Jonathan Staufer said he believed the proposal created more vitality as it moved the
retail closer together. "We are losing twelve square feet of retail frontage, that's it." Julie
Syracuse spoke in support of the applicant's proposal. Rogers said she was not sure
where the vibrancy should go. While discussing public benefit, Rogers said, "Whenever
there is a change to a SDD I am always looking for a benefit to the town...I don't
consider statutory obligations public benefit." Hitt said, "Sometimes things just make
sense and this makes sense for the applicant to do it this way...I would like to see
access to that pocket park for the general public." Campbell clarified there is no
public/pedestrian easement for the public park. Joe Staufer said the park had always
been open to the public with the exception being when illegal activities were taking
place. Newbury said, "We are talking about a business that has been there for ten
years, that's pretty viable." Foley said he believed an approval would be considered
precedent. Gordon said he believed the Staufers' arguments were compelling; however,
he believed the space would be good for other commercial uses. Daly said he believed
the property was not viable residential or commercial frontage. The motion to deny failed
2-5 with Cleveland and Newbury voting in favor. Rogers then moved to approve the
ordinance with Hitt seconding. The motion passed 6 -1, with Gordon opposed.
The eighth item on the agenda was the First reading of Ordinance No. 23, Series of
2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant
to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail
Town Code, to adopt two new view corridors and amend one existing view corridor in
LionsHead.
On October 13, 2008, the PEC voted 3-0-1 (Pierce abstained) to forward a
recommendation of approval to adopt two new view corridors and amend one existing
view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4,
Recommendations -Overall Study Area, Public View Corridors, LionsHead
Redevelopment Master Plan. Rogers moved to approve the ordinance with Daly
seconding. The motion passed 6-1, with Foley opposed. Foley said, "We should be
making the buildings fit the view corridor."
The ninth item on the agenda was an Ordinance Approving A Holy Cross Energy Utility
Easement within the Town of Vail Open Space between Matterhorn Circle and Upper
Matterhorn Circle.
An existing overhead electric line is being used to cross the middle bench open space
without an easement. This year Holy Cross Energy lowered this stretch of overhead line
at the request and cost of a private homeowner. Neither the existing nor the current
electric lines have had a dedicated easement. Holy Cross and town staff would like to
have an easement granted to accommodate the new buried line. Hitt asked how a
conduit was placed on public land without an easement. He also expressed concern
about the size of the easement. Hitt moved to table the item until November 4, 2008,
with Foley seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was the Second reading of Ordinance No. 16, Series of
2008, an ordinance requesting a zone district boundary amendment, pursuant to Section
12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot
parcel of land from High Density Multiple -Family (HDMF) District to General Use (GU)
District.
On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for
a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code. On October 7, 2008, Council unanimously approved the first reading of
Ordinance No. 16, Series of 2008. Daly moved to approve the ordinance with Hitt
seconding. The motion passed 6-1, Rogers opposed.
The eleventh item on the agenda was the Second reading of Ordinance No. 21, Series
of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting,
Vail Town Code, to allow for amendments to the outdoor lighting standards.
On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No.
21, Series of 2008, on first reading. Since the Council's October 7ch hearing, staff has
discovered a 1991 District Court decision related to the town's previous outdoor lighting
regulations. Staff is currently reviewing this court decision and evaluating if this decision
has any affects on the proposed Ordinance No. 21, Series of 2008. Staff recommended
the Town Council tables the second reading of Ordinance No. 21, Series of 2008, to the
Council's November 4, 2008, public hearing; to allow staff an opportunity to evaluate a
recently discovered court decision related the town's previous outdoor lighting
standards. Newbury moved to table the ordinance with Daly seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn at approximately 10:05 p.m. with Newbury seconding. The
motion passed unanimously, 7-0.
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