HomeMy WebLinkAbout2012-10-16 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 16, 2012
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:10 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Kerry Donovan
Kevin Foley
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
The first item on the agenda was Proclamation No. 5, Series of 2012, honoring the service of
the Volunteers in Police Service and declaring the Third Week of October as "Volunteers in
Public Service (YIPS) Week."
Mayor Daly read the proclamation into the record and proclaimed the third week of October as
"Volunteers in Public Service (VIPS) Week." Council and the public congratulated all the VIPS
in attendance. Police Chief Henninger also thanked the VIPS for their valuable contributions
and volunteer efforts.
The second item on the agenda was Proclamation No. 6, 2012, National Friends of Libraries
Week.
Council member Rogers read the proclamation into the record and proclaimed October 21-27,
2012 as "National Friends of Libraries Week" in Vail. Lori Barnes, Town Librarian, thanked the
volunteers of the Friends of Libraries.
The third item on the agenda was Citizen Participation. Jeanne Reid -White, representative of
Bravo! Vail Valley Music Festival (Bravo!), thanked the Council for the past season's funding
efforts for Bravo! and introduced their new Executive Director, Jim Palermo. Palermo said he
looked forward to working with the Council and other community members. He invited guests,
locally, nationally and internationally, to come and participate in the 2013 Bravo! season. He
thanked the Council for their continued support of Bravo!
Kristen Bertuglia, Environmental Sustainability Coordinator, recognized all the teams who
participated in the Sole Power Challenge. The teams logged over 23,000 gas green miles and
encouraged everyone to participate next year.
Town of Vail Council meeting minutes of October 16, 2012 Page 1
The fourth item on the agenda was the Consent Agenda. There were six items on the consent
agenda as follows: 1) Approval of September 4 meeting minutes and September 18 meeting
minutes; 2) Resolution No. 28, Series of 2012 - Holy Cross Easement for Vail Golf Course; 3)
Resolution No. 29, Series of 2012 - Summit County MOU for the Provision of Emergency
Dispatch Service Staffing; 4) Resolution No. 30, Series of 2012 - TOV approval of 2013 VLMD
Budget; and 5) MJG Trust License Agreement.
Moffet made a motion to approve the consent agenda and the motion was seconded by Kurz. A
vote was taken and the motion passed unanimously, 7-0.
The fifth item on the agenda was the Town Manager Report. Stan Zemler, Town Manager,
discussed the timing on the renovation for the Ford Park softball fields. He said the renovation
has begun on the softball field and the amphitheater. Part of the renovation of the softball fields
that add turf that was planned in 2013, but it is being moved back and is scheduled for the
summer of 2014 as they need sufficient time to establish the turf.
Dwight Henninger, Vail Police Chief, discussed the Bicycle Dismount Zone in Vail Village at the
end of Bridge Street and Gore Creek Drive. He said this could be accomplished without any
additional legislation. Daly said the Council needs to discuss this item further. Zemler said they
will schedule it for a discussion at a future work session.
Greg Hall, Public Works Director, discussed the Winter Parking Program and Rates for the
2012-2013 winter season. Zemler said the parking rates haven't changed from 2012. Daly
said he doesn't see why the silver pass is restricted. Hall said they never sell out each year and
it is limited to one per business. Daly said every business should have the ability to buy one
and to get rid of the limit of 50 silver passes per village.
The final item under the Town Manager's Report was a discussion on a two -month vacancy on
the Commission on Special Events (CSE). Zemler asked for the Council's preference for
approving a process for the two -month vacancy. Either forgo the normal process of posting and
publishing, as has been suggested by the CSE, and make an appointment from the most recent
applications for previous vacancies from applicants that submitted letters of interest from June
2011 to June 2012 that are still interested; or leave the position vacant until the position comes
up for renewal in December, 2012.
Zemler said telephone calls have been made to all the applicants on the list from 2012. All the
applicants expressed interest, except for Sarah Franke who has time constraint issues and
Janyce Brandon, who had not responded at this time. Dave Chapin and Jeff Andrews also
indicated their interest as of last Friday after the agenda packet was sent out. Sybill Navas,
Special Events Coordinator, stated two funding meetings were to take place on November 7
and 15, 2012. Foley stated Dave Chapin was very familiar with the CSE process as he was on
the CSE for many years in the recent past.
Foley made a motion to appoint Dave Chapin for the two month period and Kurz seconded the
motion. Further discussion ensued regarding having someone that knows the CSE process
and the necessity of needing to be up to speed on the funding process and issues. A vote was
taken to appoint Dave Chapin to the CSE two -month vacancy and the motion passed
unanimously, 7-0.
The sixth item was a request to enter into a license agreement with David & Alexandra
Ransburg for existing private improvements, a patio & water feature, on town -owned stream
Town of Vail Council meeting minutes of October 16, 2012 Page 2
tract (unplatted), adjacent to 463 & 473Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing
3, and setting forth details in regard thereto.
Rachel Dimond, Planner, said a duplex was built on the subject property in 1988, with no
encroachments onto Vail Resorts -owned adjacent property shown on the plans. In 1990, the
applicant was granted permission to subdivide the property into three parcels, including one
parcel for each side of the duplex and a common parcel. In 1990, Vail Resorts and the
applicant submitted a number of documents to the town stating an encroachment agreement
would be executed or said the encroachments would be removed. The encroachment
agreement was never executed, but the encroachments remain. In 1999, Vail Resorts deeded
the subject stream tract to the town. On July 19, 2011, Council unanimously approved a zero
tolerance policy for encroachments into town -owned stream tract in order to improve the health
of Gore Creek except where encroachment have been approved by the town. Because the
town approved the encroachments in 1993, the Community Development Department
recommends the Council approve this request, with the following condition: "The license
agreement shall include a clause that allows the license to be revoked by the Town of Vail at
any time for any reason."
Rogers asked if this agreement approval could hurt the stream. Dimond said the existing pond
helps the stream with pond filtration. Rogers said damage to the stream has been an issue, but
if this is helping the stream she is in favor of it. Donovan asked how far these improvements are
from the stream. Jack Hunn, representative for the Ransburgs, said it is 270 feet from the
stream. Donovan asked if ponds are subject to senior water rights. Mire said this is not
precedent setting. These are considered on an individual case -by -case basis.
Hunn said this issue came up when an improvement location certificate (ILC) was done or they
wouldn't have found this issue. He said Dave Ransburg and his attorney were in attendance, as
well, as and Jim Wear was also in attendance representing the purchaser of the property. The
Ransburgs appreciated staff's recommendation. They requested a more permanent easement
and asked to remove the clause that states it can be revoked in the future. He said their
circumstances are unique. The Ransburgs did all the right things. He said the Ransburgs
signed an agreement in the past but they can find no document that the easement was signed
by Vail Associates (now Vail Resorts) or of the document being recorded. He handed out a
letter from Gerry Arnold, paralegal to Larry Lichliter who was an Executive Vice President with
Vail Associates at the time, stating that Vail Associates, Inc., was going to approve the
easement. He also handed out a diagram with the easement information which is to be added
to the evening's record. He requested the Council consider approval of this easement without
the condition: "Only revocable for some public purpose by the town." Further discussion
ensued.
Rogers made a motion to approve the easement with the change that it be allowed to be taken
back only for public purpose. Moffet asked to read and refine the motion to read "the town
grants to the Ransburgs and their successors in title to 463/473 Beaver Dam Road, a license
that permits the encroachments to exist on the tract until such time as the town requires use of
the portion of the tract upon which the encroachments are located and so long as the
encroachments are properly maintained and not enlarged." Rogers amended her motion to use
the language Moffet read into the record. Moffet said this language is more restrictive and is
what the applicant wanted. Moffet seconded the motion. Mire asked that language to the
motion be added, "that the license agreement is to be approved by the Town Attorney." Rogers
amended her motion to include the language. Moffet seconded the motion. A vote was taken
and the motion passed 6-1, Donovan opposed.
Town of Vail Council meeting minutes of October 16, 2012 Page 3
The seventh item on the agenda was the Colorado Department of Transportation (CDOT)
Project Update regarding chain stations along Interstate 70 in Vail, Colorado.
Greg Hall said the chain station in East Vail was at capacity and has safety issues. They are
looking at what is the best solution for this area. CDOT is looking at four alternatives and is in
the public input stage. CDOT did a mass mailing. He said East Vail residents were invited to a
public meeting approximately four weeks ago at the Grand View to give their input.
Michelle Hansen, an Engineer from Stouflous and Associates, said CDOT has contracted with
her firm to study and identify improvements to increase the capacity of safety for the chain up
and chain down stations in Vail along 1-70. She reviewed the power point presentation with
Council. She said they are currently gathering input from the public. They are also looking for
input from Council. She explained the goals, alternatives, lighting, chain stations alternatives
and pros and cons of each alternative. Further discussion ensued regarding the alternatives
and pros and cons of each.
Rollie Kjesbo said he was an East Vail resident on Lupine Drive and a local contractor in the
valley. He said the first he had heard of this discussion was last Sunday afternoon. He said
there is a breakdown in communication with folks who have mail boxes versus having mail
delivery to a street address. He said the chain up station used to be adjacent to Booth Creek
Drive and the diesel fumes would go down into this residential area. Then the chain up station
was moved to an area where there are no residences. He is concerned about moving the chain
station near the residences because of the fumes.
Greg Hood, representing the owners of 3110 Booth Creek Drive, said they object to the
proximity of the chain up station at mile marker 179.3 because of the fumes.
Bob Reed, a resident of East Vail, wants to have more public meetings before this is final and
believes it would be worthwhile to continue discussions with the public. He asked what
constitutes capacity of the current chain up station and how many days they were at full
capacity. Hansen replied the capacity is about twenty four spaces. Tjossem asked what the
target number of spaces should be. Hansen said they have not determined that number and
are trying to improve what is there now.
Christy Hanson, a resident on East Gore Creek Drive, said she has objections due to lighting
and fumes. She said residents in East Vail were not notified of the CDOT meetings regarding
this issue. She asked how many times a year or in an average season this particular chain up
station reached capacity. Hansen said last season it was about 10-12 times but it was a mild
winter. In previous seasons, it's much more due to weather patterns. Hansen said there hasn't
been any mention regarding any environmental studies. She also said the east end of the chain
up station usually has open lanes and all the trucks are jammed in the west end of the chain up
area.
Moffet asked Hansen if an environmental impact study has been done. Hansen said that would
have to be done prior to any changes.
Jurgen Henz, a Booth Creek Drive Resident, said no one he has spoken to has received a letter
from CDOT about getting public input on this project. He said putting a chain up station west of
Dowd Junction is the most acceptable solution. If they expand the chain up station in Vail, Vail
Town of Vail Council meeting minutes of October 16, 2012 Page 4
will be a lit parking lot. He said he has seen the western end of the chain up station congested
while the eastern end is vacant. Hansen said conditions don't tend to be bad enough to require
chain up activity near Down Junction. Rogers said Dowd Junction snow conditions are typically
similar to Vail.
Pat Larken said she represents a Booth Creek Drive property owner and they support making
the chain up station near the golf course larger and extending it in the golf course area to the
west. She said they just heard about this topic this weekend as well.
Jim Lamont, representing the Vail Homeowners Association, said they have been through this
process again and again over the years. CDOT had made a promise there would be no more
lanes on 1-70. The community needs to say no to more lanes on 1-70. If they expanded this
area, he said constructing berms or sound walls will be the next project. He stated the
management plan limits the number of trucks going eastbound at Dotsero, when chain -up
stations are used. He said there isn't a capacity issue as they can stop them at Dotsero. There
are systems in place to access all this information. They also stop trucks going west at Copper
Mountain and west of Vail. There is no need for Vail to absorb any more impact from 1-70. He
said it is time to draw a line in the sand and go to the Governor and say no to expand the chain
up station in Vail.
Martha Miller, Resident Engineer with CDOT, said some good ideas were mentioned by
Lamont. She handles capital improvements in this area. They have been successful in getting
funding to continue fiber optic from Vail to Dotsero. There could be an opportunity to use ITS
smart systems. They were also given money from the Intermountain TPR in the amount of
$500,000 for safety improvements. She is aware that truckers have concerns about moving
toward the east side of the chain up stations and not knowing if there are openings there. There
is a risk in them doing this. She is an advocate to provide a new lighting design to take an
unsafe situation and improve it.
Rick Sarchet, Region 3 Traffic and Safety Engineer, said signage is used at mile marker 12
west of Grand Junction to display weather and road conditions when the chain law is in effect.
There are 20 truck spaces at Dotsero and the trucks are released 20 at a time incrementally
during storms. They can store up to 800 trucks at Dotsero and sometimes they go over that
capacity.
Council is concerned about adding lanes near residences in East Vail, so the possibility of
moving the chain up stations down to Dotsero or past Dowd Junction should be considered.
They also want to know more about lighting impacts and making sure local residents are given
advance notice about the next public meeting. Further discussion ensued.
Daly asked CDOT representatives if they can return and have another discussion with Council
and the community at the November 20, 2012, public hearing so Vail residents can attend.
CDOT will return on November 20, for a public discussion. Council asked to have lighting
impacts and all other information from CDOT available prior to the next meeting. CDOT will give
the information to Greg Hall and the town will post it on the town's website prior to the
November 20, 2012, meeting.
The eighth item on the agenda was second Reading of Ordinance No. 12, Series of 2012, an
ordinance adopting the 2012 Building Codes with amendments.
Town of Vail Council meeting minutes of October 16, 2012 Page 5
Martin Haeberle, Chief Building Official, said they are back for second reading of Ordinance No.
12. Donovan said there were a handful of emails regarding the sprinkler system requirements.
She said it seemed there were valid concerns on this issue and the concerns should be
addressed.
Haeberle said he saw two emails. The sprinkler system requirements haven't changed from
2009. They were only presenting them to improve how the standards were being utilized by the
fire department. The important aspect is that nothing changed from what they have been doing
already in the ordinance. He said these were minimum national standards and are the basis of
determining whether a building is built to standards with the current technology available.
He will be working with companies in the industry so they all understand the code updates and
changes.
Jim Lamont asked if the town is adopting the code changes without a very thorough evaluation.
He wants to know if there are consequences that haven't been discussed and need addressing.
Rollie Kjesbo said he is a contractor in Vail, and is on the Building and Fire Code Appeals Board
(BFCAB). He said he is confident the board and staff reviewed the code and went a long way to
simplify what was put in the code. He said the town should be confident of Haeberle's ability to
run the building department and to interpret the codes appropriately.
Daly thanked Kjesbo for his work on the BFCAB, this project and the Design Review Board
(DRB). Tjossem asked if they needed to change the language to make it easier to read.
Further discussion ensued.
Haeberle said the Uniform Building Code (UBC) states all single family homes shall be
sprinkled. The BFCAB, fire and building staff thought this was too restrictive. He said there is a
perception issue and the fire and building department will need to communicate what, when and
if a sprinkler system would be required. Haeberle said the ordinance provides the legal
language so the UBC could be enforceable. He recommended the Fire and Building
Departments hold a series of open houses and community forums to make the community
aware of whether there are impacts.
Kurz made a motion to approve second reading of Ordinance No. 12, with amendments and the
motion was seconded by Donovan. Moffet said he would be voting against this ordinance due
to social engineering by the UBC board members desiring to try to achieve perfect safety
regardless of the cost.
A vote was taken and the motion passed, 6-1, with Moffet opposed.
The ninth item on the agenda was first reading of Ordinance No. 13, Series of 2012, an
ordinance amending the construction sign provisions and repealing the temporary site
development sign provisions of Title 11, Sign Regulations, Vail Town Code, and setting forth
details in regard thereto.
Bill Gibson, Planner, reviewed the memorandum with the Council. He said this ordinance
addresses two different signs: the construction signs and temporary development signs. They
are trying to avoid defacto real estate signs. The recommendation from PEC included one
modification in which the sign size be reduced in a residential zone to eight square feet.
Town of Vail Council meeting minutes of October 16, 2012 Page 6
Moffet made a motion to approve first reading of Ordinance No. 13, with the condition added to
limit residential signs to eight square feet. The motion was seconded by Foley. A vote was
taken and the motion passed unanimously, 7-0.
The tenth item on the agenda was first reading of Ordinance No. 15, Series of 2012, an
ordinance amending Title 7, Vail Town Code by the Addition of Chapter 10 Regarding
Commercial Transportation Regulations; and Setting Forth Details in Regard Thereto.
Dwight Henninger, Police Chief, stated at the July 17, 2012, Council meeting direction was
given on managing the transportation organizations in town to reduce congestion. He reviewed
the memorandum with Council. He said they modeled the ordinance after the Eagle County
Airport ordinance, which had a lot of input from transportation and lodging folks when it was
drafted. He stated this would make it easier as one set of rules would then be followed in Eagle
County. The airport rules and regulations are stricter than the town staff wanted, so they made
Vail's more lenient and less expensive to implement.
Rogers asked if it the cost was $50 fee per vehicle or per company at the airport. Henninger
said it was per vehicle. He said the permitting system will help track violations. Currently, there
are no fees paid to the town. Henninger also reviewed problem areas, drop off areas, definition
of different types of vehicles, vehicle sizes in different areas and where each would be
permitted.
Council asked about regulations on Hanson Ranch Road, possibly capping the price to $50 per
vehicle and up to $500 or $1,000 per company total. Henninger said he looked at the Public
Utility Commission (PUC) regulations at Eagle County Airport and Denver International Airport
(DIA) with limousines and taxis. He said hotel shuttles don't pay any PUC fees. Further
discussion ensued.
Henninger said the funding structure was suggested to recoup management costs. Donovan
asked why notifications couldn't be done by email versus regular U.S. mail. Mire said violations
run into issues of penalties by a graduated fee scale and general penalty clause which is up to
six months in jail. It is not appropriate to serve someone if they are facing jail time by serving
them via email. Mire said they could work it in if there isn't a penalty of jail time. Warnings and
monetary fines may be able to be done via email. He will research this further.
Rogers said section 7-10-3 needs to be clarified that each operator pays a fee of $50 for each
vehicle. Further discussion ensued.
Greg Hall said hotel shuttles can use West Meadow Drive and 80% can go underneath the
Lionshead Welcome Center. Those who don't fit will go on top or during busy times they can
use the bus lane on the Frontage Road. Staff will be monitoring this issue this winter. He said
the transit stop on top of the Frontage Road was not well received from a high -end guest
service standpoint.
Daly said other drop off areas were near Solaris, Meadow Drive and Check Point Charlie.
Henninger said they try to limit use in those areas. Courtesy cars go into Check Point Charlie
and turn around. Meadow Drive is not a drop off area and is not allowed, as well as Solaris and
courtesy cars on Vail Road. They will look into providing a space at the Main Vail Fire Station.
Jonathan Levine, owner of Hummers of Vail, said he hasn't had an opportunity to provide input
on this subject for over nine months. He said he was given three days notice to participate in
Town of Vail Council meeting minutes of October 16, 2012 Page 7
this discussion. He has done a lot of research and is disappointed with the costs, Big Brother
tactics and the intricacies suggested that can be handled differently. He said the issues that
need to be addressed are the individuals who misbehave, the high volume areas at certain
times of the day and the crunch on hotels. He said the requirement to allow this model to work
requires surveillance, which they have at the airport which is why this works there as every
offense is documented with a picture. He wants this ordinance to apply for the winter season
only and not apply when there isn't anyone in town. World class customer service is necessary.
The restrictions at the Vail Transportation Center don't work. If they allow access, it needs to be
time based. He said to tweak last year's program, evaluate it, have severe penalties to stop
offenders and have them be accountable. Donovan clarified that this ordinance was requested
by Council not staff.
Farrow Hitt, General Manager for Simba Run Condominiums, said this has been a problem for a
long time. Everyone knows where people want to go. He said the Council should not entertain
drop offs at the Lionshead Transit Frontage Road area for guests. This is taking the guest
farther from the lift and is not acceptable. He said Council needs to address this issue with Ever
Vail so guests have easy access to the mountain. If Vail is truly about world class guest
services, restricting time and places at drop offs must be reconsidered. The plan is too
restrictive and may have unintended consequences.
Lamont said some of the problems can be solved with Ever Vail. He asked about the permit
system and types of vehicles allowed at certain locations, without respect to numbers. He
asked if this can this be implemented during peak periods instead of all the time. Daly said
there is currently no regulation and they would like some regulation. The town will see how this
works through the Christmas holiday and revisit the issue. Lamont doesn't want to lock this in
place with an ordinance. He said enforcement with television cameras is good.
Jeff Babb, VRI, asked if an ordinance was needed to try something different. A majority of
vehicles have logos. He said it would be simpler to require every vehicle to have a logo and a
number to regulate. Henninger said enforcement without an ordinance would be hard to
enforce. Some vehicles are prohibited to have logos on their vehicles, such as luxury limos.
Mire said the town could try something without an ordinance, but there is a need to pass an
ordinance to be able to enforce it.
Brian Kelso, with High Mountain Taxi, said it was great that the town is trying to enforce this
problem. He said the insurance requirement should be kept consistent with the PUC insurance
requirements and enforcement of the PUC laws. He said putting stickers on the windshield of a
vehicle is unreasonable as they replace windshields often in winter. He requested that the
stickers not be in the front of the car but possibly in the back window. He said the requirement
of having workman's compensation for employees doesn't apply to taxis. In the taxi business,
the drivers are independent contractors and workman's compensation is not required for
independent contractors.
Moffet made a motion to approve first reading of Ordinance No. 15, and the motion was
seconded by Kurz. Further discussion ensued. Council is willing to move forward with the
ordinance and will review the outcome after the holidays. If there are obvious flaws, the town
can address them, tweak the ordinance as necessary and direct staff to find workable solutions.
Mire will address and review the suggestions and issues that were raised and will provide
information at the second reading of the ordinance.
Town of Vail Council meeting minutes of October 16, 2012 Page 8
Foley said he will be voting against approval as he wants the onus to be on the operators. The
town should continue to monitor the situation before adding an extra layer and cost to the
transportation providers. Mire said this ordinance, if passed on second reading on November 6,
would be effective five days after second reading, which is November 12, 2012. Rogers said
thirty days is not enough time to revisit this issue. Donovan suggested the Council revisit this
issue after President's weekend. Henninger said he could have a meeting with users in January
and report back to Council in February to review.
A vote was taken and the motion passed, 6-1, with Foley opposed.
The eleventh item on the agenda was Resolution No. 31, Series of 2012, a resolution repealing
and reenacting the Town of Vail Employee Housing Strategic Plan.
Rogers made a motion to continue Resolution No. 31, Series of 2012, to the special work
session on October 23, 2012, at 4:00 p.m. The motion was seconded by Donovan. A vote was
taken and the motion passed, unanimously, 7-0.
The twelfth item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was
seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The
meeting adjourned at 9:10 p.m.
Attest:
ele�ibonaldson, Town Clerk
Respec y Submitted,
Andrew P. Do Mayor
or
Town of Vail Council meeting minutes of October 16, 2012 Page 9