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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