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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. SE 9� AL Dick Cleveland, Mayor :•+ ••0 ATTEST: ���ORADD 4LoreDonaldson, Town Clerk