HomeMy WebLinkAbout2010-05-18 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, May 18, 2010
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
Kevin Foley
Kim Newbury
Kerry Donovan
Susie Tjoseem
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 Participation.
Rayla Kundolf spoke in support of the Vail Entertainment District.
Vail Homeowner's Association representative Jim Lamont clarified a budget
figure he had provided earlier in the day. He then spoke in support of the
responsible research/possible annexation of Eagle -Vail.
United States Forest Service and White River National Forest District Ranger
Dave Neeley introduced himself to the Council and welcomed the opportunity to
be of assistance with any forest related matter.
The second item on the agenda was Town Manager's Report.
There was none.
The third item on the agenda was a Woody Bio-Mass Combined Heat Power
Facilities update.
The purpose of the discussion was to:
1. Introduce the proposed woody biomass combined heat and power (CHP)
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facility project concept, partners; and
2. Provide an update to the Vail Town Council on the progress of the grant
application to the Department of Energy (DOE) National Energy Technology
Laboratory (NETL), by the private developer, Hayden, Cary & King, Co. for
$26 million grant toward the construction of the CHP facility.
Andrew King, grant applicant and Principal of Hayden, Cary & King, Co., said he
hoped to develop and demonstrate a 28 megawatt (MW) woody biomass based
CHP facility that would utilize advanced boiler design features and a high
efficiency flue gas condenser to achieve a minimum thermal efficiency of 82%.
The CHP facility will hopefully demonstrate that the use of advanced Selective
Catalytic Reduction (SCR) technology on a woody biomass boiler will surpass air
quality emission requirements while achieving almost complete displacement of
fossil fuel carbon emissions compared with an equivalent natural gas facility. In
July, 2009, Hayden, Cary & King, Co., submitted a $26 million grant request to
the Department of Energy through their National Energy Technology Laboratory
(NETL) biomass grant program to construct and operate a combined heat and
power facility in the United States. Mostly recently, this project has been selected
by the United States Forest Service (USFS) and Department of Energy (DOE) as
a priority project, one that meets the needs of the USFS in addressing the beetle
kill epidemic, threat to wildfire and watersheds, while also addressing excessive
energy consumption, education needs, and job growth supported by the
American Recovery and Reinvestment Act (ARRA) funds. This project was
selected as one of three projects warranting further consideration out of a total of
80 grant requests.
What's been done to date?
• DOE Grant Request applied for in July 2009
• Preliminary Engineering and Cost Analysis concluding
— Total project cost estimated at $52 million
— Cost of delivered biomass estimated at $55/ton.
• Potential Project Partners Identified
• Potential Facility Site(s) Identified
• DOE has initiated a Project Final Feasibility Study (due September
2010)
• Draft Architectural Concepts
• Vail Project Makes Final Round for $26 million Grant Funding (20MW
Plants, $45 million available)
— First elimination - 74 applicants eliminated
— Department of Energy Representatives visit Vail in April and May,
2010, three more applicants eliminated
— Three remain out of 80 applicants in the country for this category, over
250 in total)
• Vail Project short-listed for USFS guaranteed loans ($25-$50 million)
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— 10-20% down required ($2-4 million of investor capital required to
secure loan)
The Department of Energy has requested further engineering, biomass supply,
and economic data to complete their final feasibility study. Staff is currently in the
process of assisting Hayden Cary & King, Co. in organizing town related
information and data. Staff recommended the following steps be implemented:
Staff will schedule public open house/informational workshops to obtain
community input, provide educational background on the implications, and
environmental and financial costs and benefits of a CHP facility in the Town
of Vail in early June, 2010.
Staff and the developer will continue to create partnerships among project
stakeholders.
Staff will ensure that a comprehensive feasibility study is performed to
assess long term benefits, costs and logistics.
King said a managed forest is a healthy forest. USFS representative Dave
Neeley explained the beetle kill event was a natural infestation. "Our priority is
dealing with the current threat and that is the trees that are immediately
impacting private property... We are developing wildland/urban protection
plans... As the forest canopy is removed the fuels on the forest floor become
greater... We are looking to do some comprehensive vegetation management."
Daly asked how the Hidden Gems Wilderness proposal would impact the
ongoing problem. It was reported there would easily be 60,000 tons of
sustainable bio-fuel for the next 40-50 years. "Economics and capitalism are
going to drive this process." USFS representative Susan Ford said 4,000 acres
would provide between 120-150,000 tons of biomass per year. "When you are
working in beetle kill, you can generate 60-80 tons per acre." Daly clarified the
USFS supported the concept of this particular project. The traffic impact would
be eight trucks a day during peak times and four trucks per day during non -peak
times. Costs to the town are anticipated to include sighting of the project and the
connections to the public facilities. In an ideal scenario the plant would be
operational in spring of 2012. King commented, "When this plant is built,
Colorado will become the new air standard for the country. " Newbury clarified a
portion of the energy produced would heat town buildings and snowmelt
systems. Foley mentioned the Vail Valley had air quality issues in the past due
to wood burning. King said it would not be an issue. "Steam loss is estimate to
be 2.8 gallons per minute." During a pause for public comment Bill Carlson
clarified Holy Cross Energy had provided assistance with engineering direction
and pro -forma development. Vail Homeowner's Association representative Jim
Lamont spoke in support of the project. "I applaud the work that has been done
here." Michael Cacioppo asked Council to produce video of actual operating bio-
mass plants so as to evaluate potential steam plumes. Zemler said more
analysis would be provided on the impacts to town facilities. Zemler said King
and Bertuglia had done a great job sheparding the project through the process.
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The fourth item on the agenda was a Mountain Travel Market Update.
Ralf Garrison provided an update on market conditions in the mountain resort
industry. Garrison said the Mountain Travel Research Project's economic
predictions for the upcoming summer in Vail are better than they've been,
although it is too early to tell if the town will bounce back significantly from last
summer. "Economic indicators are looking better, but it's too early to celebrate...
The town is doing better than the mountain resort industry as a whole in terms of
summer lodging occupancy." He said Vail is showing a 14 percent increase in
occupancy this summer, while the industry is showing a one percent increase.
Vail is able to do that because it has held its lodging rates relatively flat, while the
industry has tried to raise rates. Most recoveries are built on the return of
occupancy, which shows there's demand, Garrison said. "We are getting the
return on demand but not enough that we can be bold and start raising prices
significantly," Garrison said. Garrison told Council to keep an eye on the fact that
new supply is coming on board (Solaris, Four Seasons, Ritz -Carlton) so the town
can't focus only on demand and think things are looking up when demand seems
to increase. "You'd like to have a lot more demand... Consumers are no longer in
shock, but they're still thrifty... They want the right offer... What's probably
noteworthy is that consumers, for the most part, haven't felt any significant relief,"
Garrison said. The predictions for the summer are based on bookings for the
summer months as of April 30. Summer guests tend not to book as far in
advance as winter guests, Garrison considered the data "thin." The data in the
past, however, has ended up with a plus or minus three percent accuracy based
on the final numbers, Garrison said, so it's a good indication things could improve
this summer. Tjossem said it was important to understand how events drive
occupancy.
The fifth item on the agenda was a Holy Cross Energy easement on part of Lot 1
block 1 Vail/LionsHead Third Filing,
Public Works Director Greg Hall reported there is a 30 ft. utility easement on the
northern portion of the parcel. Holy Cross Energy facilities were in place prior to
the construction of the pedestrian overpass. The construction of the overpass
placed 20 feet of fill over their lines. The First Chair project is relocating a portion
of the lines. Holy Cross Energy has asked to relocate the remainder of their lines
from underneath the fill. This additional easement is required to perform the
relocation work. Rogers moved to approve the request with Foley seconding. The
motion passed unanimously, 7-0.
The sixth item on the agenda was the Second reading of Ordinance No. 6,
Series of 2010, an ordinance repealing and re-enacting Ordinance No. 13, Series
of 1986, amending the approved development plan and requirements for site
coverage, landscaping, setbacks, and gross residential floor area for Special
Development District No. 15, Bishop Park, in accordance with Section 12-9A- 10,
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Amendment Procedures, Vail Town Code, to allow for the construction of a
residential addition (patio enclosure) to the North side of Unit 8, Bishop Park,
located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1.
Planner Rachel Friede asked Council to approve, approve with modifications, or
deny Ordinance No. 6, Series of 2010, upon second reading. SDD No. 15,
Bishop Park, was established by Ordinance No. 13, Series of 1986. At that time,
the purpose of the SDD was to allow for an increase in development potential
while providing the public benefit of financial support for the public stream walk.
Since the establishment of SDD No. 15, there have not been any amendments to
the SDD. On April 12, 2010, the PEC made a recommendation of approval, with
conditions, to Council. On May 4, 2010, Council approved Ordinance No. 6,
Series of 2010, upon first reading (6-0-0). Newbury moved to approve the
ordinance with Rogers seconding. The motion passed unanimously, 7-0.
The seventh item on the agenda was the Second Reading of Ordinance No. 7,
Series of 2010, an ordinance repealing and re-enacting Ordinance No. 12, Series
of 2003, amending and reestablishing the approved development plan and
density control requirements for Special Development District No. 37, Tivoli
Lodge, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town
Code, to allow for the conversion of meeting space to an accommodation unit
at the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block
2, Vail Village 5th Filing.
The Vail Town Council shall approve, approve with modifications, or deny
Ordinance No. 7, Series of 2010, upon second reading. On April 26, 2010, the
PEC forwarded a recommendation of approval to Council for Ordinance No. 7,
Series of 2010, by a vote of 6-0-0. On May 4, 2010, the Vail Town Council
approved Ordinance No. 7, Series of 2010, upon first reading (6-0-0). Due to a
predetermined conflict of interest (Tivoli employment) Newbury recused herself
from the item and left the Council chambers. Daly moved to approve the
ordinance with Tjossem seconding. The motion passed unanimously, 6-0.
The eighth item on the agenda was the Second reading of Ordinance No. 8,
Series of 2010, anordinance amending Section 12-14-20, Commercial Core
Construction, Vail Town Code, to allow for the extension of the commercial core
temporary construction signage for businesses.
On May 3, 2005, Council adopted Section 12-14-20, Commercial Core
Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These
regulations facilitated the installation of temporary construction mitigation signs
and fencing within the town's commercial areas to lessen the impact of
redevelopment construction on the town's businesses, residents and guests.
These regulations were originally set to expire on April 1, 2008, but were
extended to April 1, 2010, by Ordinance No. 4, Series of 2008. On April 26, 2010,
the PEC forwarded a recommendation of approval to Council for Ordinance No.
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8, Series of 2010, by a vote of 6-0-0. On May 4, 2010, Council approved
Ordinance No. 8, Series of 2010, upon first reading (6-0-0). Rogers moved to
approve the ordinance with Daly seconding. The motion passed unanimously, 7-
0.
The ninth item on the agenda was the Second reading of Ordinance No. 10,
Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town
Code, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town
Code, to allow for additional movie theater, bowling alley, and public parking on
private property signage, and to define the term first floor for the purposes of
calculating allowable sign area.
On April 12, 2010, the PEC voted 6-0-0 to forward a recommendation of
approval, with modifications, to the Town Council for the proposed amendments
to the Town's Sign Regulations. On May 4, 2010, Council approved, with
modifications, the first reading of Ordinance No. 10, Series of 2010, by a vote of
5-1-0 (Donovan opposed). Newbury moved to approve the ordinance with
Tjossem seconding. The motion passed 5-2-0 with Cleveland and Donovan
opposed.
The tenth item on the agenda was Resolution No. 14, Series of 2010, a
resolution adopting the Frontage Road Lighting Master Plan.
The purpose of the Frontage Road Lighting Master Plan is to evaluate the current
lighting conditions along the north and south frontage roads and provide direction
for improvements that are intended to:
1. Improve safe utilization of the frontage roads by motorists,
bicyclists, pedestrians and overflow vehicle parking.
2. Manage appropriate light levels and illumination strategies along the
frontage roads.
3. Manage long term economics and maintenance for lighting systems.
4. Establish consistency in the aesthetic appearance of lighting systems.
This plan is intended to be used from West Vail to Ford Park. "LED's are the
future of roadway lighting... The Town of Ouray has used the LED's and has
received a very good response... They (LED's) offer more efficient life cycles as
well as energy usage while simultaneously providing better light source and
object recognition." Kassmel noted that existing Vail Village lighting fixtures are
not dark sky compliant. Tjossem said it was Council's job to protect the postcard
image of Vail which entail light sources. She spoke in support of current lighting
methods as opposed to LEDs. Newbury said she had a huge issue with the
urban feel of the plan. "I just feel like it is way too much." Donovan echoed
Newbury and Tjossem's comments. Foley spoke in support of having LED's only
in high traffic areas. Cleveland said if he were to vote for the resolution he would
regret it in ten years. "We need fewer lights." Daly said he believed it was to
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dramatic a change. "We are talking about really impacting the ambience of our
community." Kassmel said he would return to Council with a modified plan.
The eleventh item on the agenda was Resolution No. 8, Series of 2010, a
Resolution Approving an Intergovernmental Mutual Aid Agreement for the
Provision of Law Enforcement.
The Town of Vail and the Eagle County Sheriffs Office entered into an IGA on
March 16, 2010, authorizing the municipal peace officers to perform law
enforcement functions and enforce the state laws within portions of Eagle
County. The surrounding Eagle County municipalities, including the town, wish to
enter into an Intergovernmental Agreement allowing the municipal peace officer's
to aid and assist each other by the exchange of municipal peace officers
services. Newbury moved to approve the resolution with Daly seconding. The
motion passed unanimously, 7-0.
The twelfth item on the agenda was Resolution No. 15, Series of 2010 a
Resolution Approving an Intergovernmental Agreement between the Town of Vail
and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide
Smartzone Trunked Radio Services.
Police Chief Dwight Henninger reported Eagle County has installed and
maintained a 800 MHz radio system and is offering non-exclusive access of the
radio system. The system will allow multi -jurisdictional agencies exclusively to
communicate directly with public safety organizations, including but not limited to
police activity, code enforcement, fire and emergency and disaster response.
This Intergovernmental Agreement formalizes the existing process and gives
authorization for a newly formed executive committee to make budget
recommendations to the Board of County Commissioners. Daly moved to
approve the resolution with Tjossem seconding. Foley stated he believed the
current system was initially touted to have had a longer life. Daly withdrew his
motion. Daly then moved to table the item until June 15 with Foley seconding
specifically stating the item should not come before Council again until the Town
Manager has with the County Manager.
The thirteenth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at 9.20 p.m. The motion passed
unanimously, 7-0.
Dick Cleveland, Mayor
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ATTEST:
Lorelei Donaldson, Town Clerk