HomeMy WebLinkAbout2014-03-14 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 4, 2014
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 Andy Daly.
Members present: Andy Daly Mayor
Ludwig Kurz
Margaret Rogers
Greg Moffat
Jenn Brun 3
Dave Chapin
Dale BugIW
Staff members: Stan Zeml Dr, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Rick Sackbauer, a resident of
Highland Meadows, announced he was running for another term on the Eagle River
Water and Sanitation District board. He can be reached at Sackbauer@aol.com. He
noted primary issues before the board were a ma, or wastewater bond issue, as well as
de-Brucing.
The second item on the agenda was the Consent Agenda.
1) Approval of the February 4 and 18 meeting minutes. Kurz moved to approve
the February 4 minutes, with a second from Bugby. The motion passed
unanimously, 5.0.2 (Moffet and Daly abstaining since they'd been absent).
Moffet moved to approve the February '18 minutes, with a second from Kurz.
The motion passed unanimously, 7.0.
2) Proclamation No. 1, Series of 2014, Official Proclamation for One Book One
Valley. Moffet read the proclamat on in full. Town Librarian Lori
Barnes noted Walking Mountains was new a part of the county -wide program
and the Vail Town Council was the first to approve this proclamation. Moffet
moved to approve the proclamation, w th a second from Kurz. A vote was
taken and the motion passed unanimou<-ly, 7.0.
3) Resolution No. 5, Series of 2014, Bighorn Area GSA Amendment. This
action is recommended based on research and findings from Dr. Mears
regarding a former geologically sensitive area. Moffet moved to approve the
resolution, with a second from Kurz. A vote was taken and the motion passed
unanimously, 7.0.
Town Council Meeting Minutes of March 4, 2014 Page 1
4) License Agreement for easement encroachment at 2801 Snowberry Drive.
Moffet moved to approve this agreemer-t, with a second from Kurz. The vote
passed unanimously, 7.0.
The third item on the agenda was the Town M ager's Report. Town Manager Stan
Zemler reminded Council and the audience the _ nnual Community Meeting would be
held at the Donovan Pavilion next Tuesday, Mar,;h 11. Doors will open at 5.00 p.m.,
with a brief presentation at 5:30. He noted displays and representatives would be
available around the room featuring the Town o-' Vail economy; Vail 1-70 Underpass
planning; Timber Ridge redevelopment; Residential Wildfire Assessment; Community -
wide Recycling; Gore creek Water Quality Impro-ement Plan; Golf and Nordic Center
Clubhouse Remodel; 2015 FIS Alpine World Championships; and Vail Mountain.
Zemler also noted a series of EC Alerts had come across notifying people that there'd
been a tractor trailer accident at the Eagle 1-70 roundabout and the road was closed
until further notice.
The fourth item on the agenda was an update on 2015 World Championships. Ceil Folz
and Mike Imhof were on hand to present their update. They started with a short lead up
film with the acknowledgement from Folz that when announcing Vail/Beavercreek's role,
she had nervously and inadvertently left out Vail n the announcement. Solaris Plaza,
now officially named "Championships Plaza," will be the cornerstone. In talking about
the qualifying men's races to be held in Vail, Fol--,, noted the top 40 ski racers will get
"passes," while the remaining 40-50 nations will tl' en qualify for placement in Vail. The
Nations Race, a head -to -head double slalom, will also take place at Golden Peak. She
noted volunteers are also being recruited internationally and the Foundation is looking
for host homes during the Championships.
The test events were a success, including: then Raptor Course in Beaver Creek for
the women; 26 cameras are installed, with p to 43 total by event day; the
transportation system ran almost seamlessly; and the volunteers both on course and off
were fantastic. Imhof said the connectivity betwee n the general organization committee
has been smoothed out; 90% of the revenue is in the door for this $58M budget; and
Wolfgang Puck will be the official chef who will oversee a Chef Series. NBC is the
domestic partner, featuring 20-26 hours of TV exposure as compared to 8 hours in '99.
Over 800M people will watch this two week long event.
The one year countdown kicked off in Championships Plaza with Pete and Earl as the
official mascots. Carrie Fell will be the official artist and the biggest stars on American
soil are the Americans: Schriffren, Vonn, Liggety, Miller and Mancuso, to name a few
top performers. The elements set in Vail include: Opening Ceremonies on February 2
at Golden Peak; 10 awards presentations, all except for the final; public concerts every
night; the Nations Hospitality Houses, including Casa Italia, Austria Haus, Swiss House,
French and German Houses. When asked whether the Americans have a house, Folz
said they're talking about it, and if they decide to have one, it will absolutely be in Vail.
Town Council Meeting Minutes of March 4, 2014 Page 2
Additionally, a screen stadium will be set up in Championships Plaza with daily live race
feed from the events; Festival functions are being planned; the Nations Team event is
confirmed for Tuesday, February 10 at 2:15 p.m.; the men's GS will be Thursday,
February 12 and the Giant Slalom will be S turday, February 14. The Closing
Community Celebration will happen on Sunday, F bruary 15, at 7:00 p.m. This time, the
Foundation will also be recruiting celebrities to joi in on the festivities.
In regard to media inclusion, Vail and Beaver Creek will be the primary beneficiaries.
The official logo will be used on all media, social, print and electronic, along with a Vail
dedicated television bumper each day of the event broadcast. World feed live and
delayed broadcast from Vail each day of the events in Vail will be played; Vail vignettes
will be shot; and the opening segment daily will include a 3D flyover video of Vail.
Marketing impact expectations are enormous.
At the conclusion, Folz announced Mikaela Shriffren was expected to be back in Vail
March 28-29, at which time a celebration is beirg planned. Mayor Daly thanked the
Foundation for its tremendous organization and effort, along with their incredible
ingenuity.
The fifth item on the agenda was the 1-70 Vail Underpass Project Update. Town
Engineer Tom Kassmel stated at Council's last m►:eting, three solutions rose to the top:
4b, 5c and 5d. Of those, 5c was the preferred locution, which showed the least design
flaws. He said the next step is to move forward with preliminary design, which could
then be moved 10-20' either direction. Traffic count and flow will be a major element in
determining whether the final solution is a roundabout or T-intersection. This will be
completed through a conceptual traffic assessment within the next two weeks, at which
time there will be another presentation entirely about traffic. The vertical wall will
require an environmental assessment and some 3D modeling. Then right-of-way
acquisition will begin, which is expected to take up to a year.
Mayor Daly noted this was the third full blown and comprehensive session open to the
public. This process will have a thorough public ✓etting which will focus on mitigation.
The next portion on environmental compliance was conducted by Mike Vanderhoof, the
CDOT Region 3 Planning and Environmental M ager. Vanderhoof outlined what the
planning process had been leading up to the fund ng becoming available and then went
into the further requirements per the National Env ronmental Policy Act (NEPA). As the
partners, FHWA, CDOT and the town, continue to invest, decisions are made as to final
design, right-of-way (ROW) and construction, following which a clearance will be issued.
Other Federal laws and state requirements may he needed, taking an interdisciplinary
view. NEPA is triggered by a federal action, typic211y funding, permit or approval. Then,
Federal actions may follow, and in the case of a 404 permit for placement of fill into the
waters of the US, of which there's a pretty good chance. In NEPA decision making,
FHWA is the lead federal agency, while CDOT will be doing the legwork. He defined
the classes of Federal Action that could be takers, including an Environmental Impact
Town Council Meeting Minutes of March 4, 2014 Page 3
Statement (EIS); Categorical Exclusion (CE); and Environmental Assessment (EA), the
latter of which was the strongest possibility.
Vanderhoof said the scope of this project is relatively minor, with a grade separation
and roundabouts. There are no known issues with archaeology, historic resources,
paleontology or state sensitive plant and animal species. There are frontage road grade
changes and there will be ROW acquisition. There are no residential/commercial
displacements and there will be minimal natural rBsource impacts (potential impacts to
wetlands and waters of the US). Traffic may oe affected with the new circulation
patterns but will have limited induced growth. A tech report will be prepared. Noise
effects will be measured by noise modeling and L, potential abatement analysis, with a
tech report to be prepared.
As proposed now, the project is being forwarded as a Categorical Exclusion (CE), which
doesn't necessarily mean no impact or no analyE is. As already seen, a robust public
involvement process is outlined. The NEPA docLimentation requirements are minimal,
with technical memos, reports, and studies, as nel;essary. Vanderhoof noted there is a
lot of respect for Kassmel and the way he has interfaced both with the Community and
CDOT. Other environmental requirements were a Iso noted, as well as aesthetics.
Daly asked for Council input. On a somewhat related topic, Bugby asked about re-
naming the frontage roads. Vanderhoof responde J that actually is a pretty complicated
process since the road names are coded in maps all around the country. He suggested
referring the question to Martha Miller. Charlie Calcaterra, Simba Run, asked whether
corings had been done yet and whether blasting drock might occur. Vanderhoof said
a next step is a geotechnical analysis, which prompted Kassmel to say this would be
done after the snow melts. He indicated they COL Id find shallow bed rock, which could
potentially be the fatal flaw in the plan. Calcater�a also questioned the 3 lanes in the
underpass and was told 2 lanes would help alleviate congestion as cars pass from the
South Frontage Road to the North. From the physical aspect, the footprint is the same.
Vanderhoof expects these next steps to take the better part of the summer, at which
time an application to proceed will be filed. Kass reel said that will not happen until the
project is fully vetted.
Bob Llewellyn, Savoy Villas, stated he remained somewhat cynical based on the
assumptions made. He has questions about air quality, since there has not been a
discussion with the transportation department on the number of buses and whether
those trips will increase substantially. This could be a possible impact.
Cabal Yarne, as a voice for the Vail Chamber and Business Association (VCBA),
championed pushing more traffic to the transoportation center. Vanderhoof said
performance functions and environmental concerns would be evaluated. Affordable
housing and low income populations must also be honored and served.
Town Council Meeting Minutes of March 4, 2014 Page 4
Kathy Freeman, representing the CDOT Right cf Way Process, presented a general
overview of guidance in phases of acquiring ROW from the beginning of the process
through project certification. The purpose of the Uniform Relocation Act (URA) is to
provide fair, equitable and consistent treatment of individuals, families, businesses,
farms and non-profit organizations; encourage acquisition by agreement; and to be
efficient in acquiring real estate and relocation of displacees. This process is governed
by Federal and State laws. She detailed the NEPA requirements and stated NEPA
clearance is required prior to approval of ROW plans; issuance of Fair Market Value;
and beginning acquisition/negotiations of a rel Dcation. ROW plans must present
physical survey information; illustrate boundary o F affected ownerships and property to
be acquired; and must define new ROW lines. In regard to title, the property purchased
by CDOT or local public agencies must be free and clear of all encumbrances and the
title commitments or Memorandum of Ownership are used to identify ownership and
encumbrances. Surveyors are usually the first representatives to have contact with
affected property owners. The impressions they leave reflect on the ROW activities that
follow. The survey must define existing conditions; determine boundaries for affected
ownerships; and establish monumentation to assist the construction survey. Two
surveys are required on properties being impacted by a project: a preliminary survey
and a construction survey. The ROW team includes appraisers, review appraisers,
negotiators and relocation agents who interact with the property owner.
The URA requires that before an offer can be made to purchase a property, the agency
must determine fair market value and establish just compensation. Appraisals are
required for acquisitions with estimated value of $25K or more. Waiver valuations/value
findings can be prepared for acquisitions up to :25K with the approval of the CDOT
Region ROW Manager. The appraiser must be licensed by the State Board of Real
Estate as a general appraiser and on CDOT's pre -qualified list. The agent negotiators
are key to the agency's reputation with the property owners because they represent the
face and image of CDOT. No coercion can be u ed; a 90 day written notice to vacate
will be issued; and payment will be made prior to possession. Negotiations options
include an agreement at approved fair mark t value; administrative settlements;
condemnation; and legal settlement.
Alternative means of property acquisition are: donation; donation in exchange for
construction features; dedication; and function replacement. One of the most important
functions of negotiators and relocations agents iE to keep an accurate and up to date
account of contacts with owners and /or displacee .
Under Public Comment, Bob Llewellyn thanked Council for taking time to make a site
visit. He asked that the traffic survey concenrate on alternatives rather than the
maximum volume. Air quality and noise are very impactful. Bill Pierce, Simba Run,
said he respected the efforts of all the engineers nvolved. He was concerned with the
lack of priority on privately owned property, although there's no one in the community
that's been more committed to fostering employee housing. Property lines at Timber
Ridge could be moved to accommodate the roundabout. The biggest impact of the
Town Council Meeting Minutes of March 4, 2014 Page 5
project is moving the traffic to the North Frontage Road. This would remove established
landscaping and will have a major visual impact Although verbal commitments have
been made to restore the landscaping, this constiWtes a major loss of property value. It
also directly impacts the Simba Run access. He asked Council to defer their decision
because this can be done on public property. He added there would be little remaining
objection if Council were to approve a T-intersection on the North Frontage Road.
Greg Arce said the Timber Ridge intersection was more suitable due to its use already
as an 1-70 crossing point. That's the only solid d to available. He does not believe any
of the proposed plans are considerate of pedestrns. Council should also consider the
long term consequences should a third lane on 1-70 be proposed. He did note the
underpass would provide a great alternative for the W. Vail Fire Station and to move
some business off the South Frontage Road and more directly to West Vail. On an off
topic, he also said during the 2015's it would be helpful to have another temporary WiFi
bandwidth added.
Charlie Calcaterra, Simba Run, also thanked Council for visiting the site. He said
everybody agrees Timber Ridge is a god location; 50 feet away from residential
properties is just too close plus Council is affecting property already in existence.
Simba Run and Savoy Villas are continuing to wo 'k closely together. He asked Council
to remember as they strive to do what's best for Vail, that Simba Run and Savoy Villas
are a part of Vail.
Jim Lamont, Vail Homeowner's Association, said this has required a learning curve and
there are still major decisions to make involving sound walls, landscaping mitigation,
design work and engineering research. The I-7C noise at this location is abominable.
This is a perfect time for the town to plead this n ighborhood's case with the governor
for a demonstration project which will provide so uch relief over the long haul. CDOT
is violating sound standards now. This project c uld easily double the life of the east
and west roundabouts. The town should consider spending more money on this
project.
Calcaterra said the last thing Simba Run wants i 3 a concrete wall. They chose noise
when they purchased.
Rogers confirmed the 4B solution has a greater impact on Gore Creek due to the height
of the retaining walls. Bugby said the traffic update should also include limited growth
projections since this valley is pretty landlocked. The numbers must be realistic.
Kassmel said they have previously relied heavily on the Vail Traffic Master Plan.
Rogers noted the future big redevelopment is on the South Frontage Road so the north
side may not require a roundabout. Kassmel said currently 35% of the roundabout
traffic is just trying to get to either side of the interstate. Kurz had concerns about trying
to correct just a traffic count problem. Moffet moved, with a second from Kurz, to
approve Option 5C, and the motion carried unanimously, 7.0.
Town Council Meeting Minutes of March 4, 2014 Page 6
The sixth item on the agenda was Resolution No. 2, Series of 2014, A Resolution
Approving an Amended Intergovernmental Agree Trent (IGA) Between the Town of Vail
and the Colorado Department of Transportation (CDOT) Regarding the Design of the I-
70 Underpass. Kassmel explained this resolution would effectively amend the current
IGA with the selected design consultant, Fels rg, Holt & Ullevig (FHU). After a
thorough review of the additional FHU scope and fee by town staff and CDOT, the
appropriate additional scope and fee for prelimina and final design by FHU is $1.445M
(7-8% of anticipated construction costs). As policy, the town carries the entire cost and
is reimbursed by CDOT. Moffet moved, with second from Kurz, to approve the
resolution. A vote was taken and unanimously ap roved, 7.0.
The seventh item on the agenda was the 1-70 Vail Underpass Design Contract
Amendment. Moffet moved, with a second irom Kurz, to approve the contract
amendment. A vote was taken and the motion pa ssed unanimously 7.0.
The eighth item on the agenda was the second jeading of Ordinance No. 6, Series of
2014, Recycling. Mayor Daly read the title in full. Vail's Environmental Sustainability
Officer Kristen Bertuglia lined out changes made Dy Council at first reading. Under the
Environmental Sustainability Strategic Plan Waste Diversion goal, recommended
modifications to the ordinance language accommodating community hardship, added a
30 day hardship clause and a possible 3 month Extension, as determined by the Town
Manager. Also under Hardship, a "whereas" clause stating the town will provide
technical assistance in recycling planning was added. Under definitions, Non -
Attractant is now "Any substance which does not attract wildlife. Substances that are
considered to attract wildlife include food products, pet food, feed, compost, grain or salt
or materials which formerly contained such items. Office Paper and cardboard that did
not previously contain food or other attractants are considered non -attractants. Rates
for haulers has been changed to "rate ranges."
Rogers said it was unfair to force someone to do : omething s/he can't possibly do. She
believes 3 months to bring someone into compliance is reasonable but would like to add
an additional step of requiring the entity to meet with Bertuglia to work something out.
Then, if it doesn't work to make a recommendation to the Town Manager. If they
absolutely cannot make it work, they would qualify for an additional exemption or
conditional waiver until such time as technology xrr something makes it possible. Daly
asked if 3 others agreed. Bruno and Moffet saic they agreed, while Chapin said this
solution could work but the town must collaborate. It must work in very restrictive areas,
such as CCI and II. He suggested tabling the item. Daly said this is why it needs to be
discussed tonight so staff can come back with the recommended changes. Zemler
noted this must be something we can hang our fiats on, with the burden on the entity
and not on the town. Rogers asked if there coulc be a pick up service provided by the
town. We need out of the box solutions. Chapi i was in favor of not allowing regular
containers out until after 6.00 a.m. Moffet asked if we're rescinding the bear proof
containers, why are we bear -proofing at all. Are we doing things just to make ourselves
feel better. The cost to haulers to drive to Boul er is not covered under their current
Town Council Meeting Minutes of March 4, 2014 Page 7
fees, so ultimately, single stream will go to the landfill. This is a case of good
intentions and failed execution. Council needs tro be more thoughtful so we don't end
up with solutions that are not executable.
Chapin continued that the bear issue is a people problem. People want recycling. 5
hands were raised in support of the 6.00 a.m. con ition. Rogers agrees with the County
not to push either dual or single stream recycling. Let the market decide. It's not the
town's job to figure out economics. She is unwilling to wait another 4 years for an
economic study on recycling.
Bugby proposed everyone insert their changes and with these changes create an entire
new document. He is interested in color coded bins. This is one way we could define
the compliance percentage. It's important to define who would receive the fine. Zemler
said the Council was now jumping past an accepted process and practice. Rogers
noted this had already had a first reading and the procedure is to get three others to
agree with your point. Daly asked if there were 4 people in support of different color
containers and there were not. Bertuglia urged Council not to get in the middle of the
customer and the hauler. Daly said decals cou d be distinguishable. Rogers asked
about converting the container lid. She added the labels would need to be bi-lingual.
Bugby asked that the property manager not be Designated as the trash hauler. Four
hands were in agreement. He asked that the entity who contracted for the service be
responsible for payment of any fine(s). Bugby fell: it was unreasonable to expect 100%
compliance on sorting. Rogers said reasonable must have a distinct rigid standard.
Daly said to keep in mind the spirit of recycling. Violators will go down, while most will
embrace the spirit of the law. Bugby said the town should provide for self hauling trash
and recycling for those that want it, to which Moffet responded it was really important
the town does not haul. Then the town would be Laying to have it hauled for those who
opt out of their own trash service. Daly reiterated the Council is gathering ideas and
making suggestions. Bruno said we must keep tho. first homeowners in mind. Daly said
this amendment dies due to general consensus. Bruno had a concern with variable
rates and that the incentive was we want to be a better community. Bertuglia said it
was important to give consumers a choice. B,�rtuglia said the published rates for
different volumes could give some indication c f range. Single family homes are
different. This is a very competitive market.
Mayor Daly opened public comment. Gwen Scalpello, Nine Vail Road, said there is a
huge difference between refusal and failure to comply. Property managers will be
garbage monitors if this is passed. Failure to comply has punitive elements. Marshall
Turley, resident, said we can make it succeed through education. Recycling notices
should go in rental kitchens. Greg Arce, property manager, never has seen weekend
dumpers. However, he believes the Council Jiould make an allowance for lawn
clippings which are 100% compostable. Michael Staughton, Los Amigos and
Russells's, is very encouraged by the inclusion of the hardship clause. In their case, it
is not possible to expand their trash compactor. Luke Cartin, with VRI environmental
Town Council Meeting Minutes of March 4, 2014 Page 8
programs, said if the Front Door and the Burton S Open are increasing their diversion
rate, we can, too. Also, he is considered a haul�r since he brings 50% recyclables off
the mountain. Megan McDonald, homeowner, said the burden is already on the
haulers, who are committed. She encouraged Council to make it work and pass what is
before you.
Mayor Daly offered recaps to include the hardship clause; regular containers out after
6:00 a.m.; containers are to be distinguishable; he person who signs the contract is
ultimately responsible for the fine payment; and r roperty managers are not considered
haulers. Rogers asked in the case of hardship tie applicant meet first with Bertuglia.
Matt Mire, Town Attorney, said Zemler can rec uire this by process. Daly clarified
owner/occupant should actually be occupant. Mc ffet moved to table to 3.18.14, which
was seconded by Rogers. The motion passed um nimously, 7.0.
At this point, Zemler said due to the late hour, items 9 and 10 could both be tabled to
3.18.14.
The ninth item on the agenda was Ordinance Nci. 8, Commercial Ski Storage. Moffet
moved, with a second from Kurz, to table to the 18th. George Ruther, Community
Development Director, reminded Council to contir ue the moratorium, to which first and
second agreed. The motion passed unanimously, 7.0.
The Tenth item on the agenda was Ordinance No. 9, Vail Village Townhouse District.
Moffet moved to table, with a second from Bugb,t. Dominic Mauriello requested it be
heard since he'd been at the meeting since 6:00 p.m. A vote was taken and the motion
passed 4.3, Bruno, Rogers and Daly opposed.
The eleventh item on the agenda was Request to proceed through the development
review process with a proposal to reconstruct an Existing water feature and remove and
existing patio on Town of Vail owned stream trE ct, located adjacent to 463 and 473
Beaver Dam Road/Lot 5, Block 4, Vail Village Fili ig 3. Planner Jonathan Spence said
this application was being brought forward to COLincil due to the heightened interest in
stream tract work. The Council does have the right to revoke. Attorney Mire said there
were 2 reasons appropriate for Council to revoke: it serves a legitimate public purpose
or the homeowner failed to maintain the improvements. The original easement was
granted by Vail Resorts, Inc., and the town subsequently provided a revocable right-of-
way (ROW) permit. The revocable ROW allow; construction, maintenance, a patio,
water features and other encroaching improvements. Spence said the replacement will
be the same size, although the patio will be removed. The pond is not natural but man-
made. It's a matter of water quality preservation.
Architect Kyle Webb, representing the applicant, said without this improvement, there
would be water everywhere. The pond is cleaned every 1-2 years and acts as a
sediment collector. The pipe below the pond must be replaced and this is a common
Town Council Meeting Minutes of March 4, 2014 Page 9
sense approach. Attorney Jim Wear, representing the applicant, said this was a
condition upon purchase.
Moffet moved to approve allowing the applicant to) proceed through the process, with a
second from Bugby and Kurz. Rogers said 0 tolerance is 0 tolerance. Council should
be unbending in enforcement. This is Council's opportunity to remove something from
the stream tract so she will vote against the motion. A vote was taken and the motion
passed 4.3, Bruno, Chapin and Rogers opposed.
The twelfth item on the agenda the second reacting of Ordinance No. 5, Penalties for
the Possession of Marijuana. Moffet moved to E pprove the ordinance as read, with a
second from Kurz. A vote was taken and the motion passed, 7.0
There being no further business, Moffet moved, w th a second from Bugby, to adjourn
the meeting. A vote was taken and the motion parsed unanimously, 7.0, at 9:50 p.m.
Respectfully Submitted,
Attest:
Andrew P. Daly, Ma
Pam Brandmeyer, Assi a t Town Manager
Town Council Meeting Minutes of March 4, 2014 Page 10