HomeMy WebLinkAbout2016-04-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, April 19, 2016
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 Pro Tern Jenn Bruno.
Members present: Jenn Bruno, Mayor Pro Tern
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Mayor absent: Dave Chapin, Mayor
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Mayor Pro Tern Bruno called the meeting to order at 6 p.m. with six of seven town council
members present (Chapin absent).
1. Citizen Participation
Bob Armour, Vail resident, requested those addressing Town Council should state their address
as well as their name. He also expressed concerns about the community survey and a mailing
he received incorrectly; he made an inquiry to the consultant RRC about the list used for the
survey.
Paul Seidman, Vail resident, thanked the town for keeping his community clean. He also
commented on the speeding in his neighborhood and suggested using more signs, speed
bumps and lowering the speed limits in an effort to slow traffic.
Bald Mountain Townhomes Association and property owners spoke about their request to have
the town finish the Bald Mountain berm project as soon as possible, including input from several
board members and property owners.
2. Proclamation No. 3, Series of 2016 - April is Financial Literacy Month
Presenter(s): Mary McDougal, Town of Vail Library
McDougal summarized the initiative, an array of free classes and events through the Common
Cents for Colorado programming, and presented in the proclamation; Lori Barnes, Library
Director, recognized McDougal for her efforts in getting the initiative implemented for the town.
Mason read the proclamation at this time. Moffet moved to approve the Proclamation and Foley
seconded the motion. The motion passed (6-0).
3. Consent Agenda
3.1. 1-70 East Vail Landscape and Water Quality Improvements
Background: Design phase for Water quality improvements at the east Vail interchange near the
1-70 bridges at MP 182. Partially funded with a $700,000 federal grant.
Town Council Meeting Minutes of April 19, 2016 Page 1
3.2. Resolution No. 16, Series of 2016, A Resolution Authorizing the Town of Vail to
Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details
in Regard Thereto
Background: Site access and infrastructure improvement work is underway on the Chamonix
property. In order to facilitate the future residential development on the property access to
utilities such as water, sewer, natural gas, and electricity is necessary. The Chamonix Utility
Easement Agreement with Holy Cross Energy is necessary to accommodate the installation and
completion of the electric power system on the property.
Cleveland moved to approve the consent agenda; Foley seconded the motion and it passed
(6-0).
4. Town Manager Report
Town Manager noted the Bald Mountain berm project should be completed, if not in 2016, then
no later than 2017, as the town would meet the terms of their agreement with the property
homeowners association.
4.1. Annual EHU Compliance Report
Alan Nazaro provided an update on the annual EHU compliance report. There was numerous
compliance affidavits submitted in recent days per his update.
4.2. Municipal Building Remodel Update
Zemler presented an update about the Municipal Building remodel noting due diligence has
begun by several professional teams who are assessing the structural and mechanical aspects
of the building. He proposed another update in about 60 days with a report on potential
remodeling suggestions.
5. Presentations / Discussion
5.1. Out of District Fire Services Agreements
Presenter(s): Mark Novak, Fire Chief
Background: There are a number of properties outside the corporate limits of the Town of Vail
which receive fire protection services from Vail Fire and Emergency Services. This presentation
will review the current approach to cost recovery in this area and request input on possible
modifications to this program.
He spoke about several approaches as follows:
1. Resolution No. 2014, Series of 2009 which addressed the current approach to cost recovery
for out of district responses and stipulated that billing for non -participants will be by the hour
with a one -hour minimum. He noted a number of scenarios in which the per hour
methodology becomes complicated, such as scenarios which include situations in which the
request for service originates from a neighbor (e.g. chimney smoke mistaken for a fire), an
incident in which the requesting party is a renter, not the property owner, and an incident in
a multi -family dwelling which involves multiple units.
2. Novak also reviewed an alternate approach, would be a scenario in which Eagle River Fire
Protection District (ERFPD) would conduct and inclusion election to include these properties
in the boundaries of the ERFPD. ERFPD would collect property tax (9.3920 mil) on these
parcels and then transfer the revenue to the Town of Vail for providing service to this area.
Based upon the current ERFPD mil levy this would generate revenue of approximately
$135,000 per year.
Town Council Meeting Minutes of April 19, 2016 Page 2
3. He reviewed another approach to fire protection agreements would be to implement an
annual flat fee based upon property type. This potentially would increase participation and
resolve some of the difficulties currently encountered in multi -family units. He suggested
this approach would significantly reduce the workload for the finance department in tracking
assessed valuation and establishing the annual fee. This approach may also be easier to
market to property owners as it would simplify the explanation of the fee structure.
4. He suggested another consideration in out of district billing is related to wildland fire cost
recovery. Wildland fire incidents create a unique situation; by statute the County Sheriff has
fire suppression and financial responsibilities for wildland fires occurring in unincorporated
areas that are not within the boundaries of a municipality or a fire protection district. In
reality, VFES would be involved in this type of incident due to our proximity and the fact that
any fire in this area would be considered to be a threat to the Town. If the fire subsequently
entered into the Town, there would be a cost share agreement between the Town, the
Sheriff, and possibly the Forest Service. There are many possible scenarios associated with
this event; however, our ability to bill unincorporated properties would potentially be
impacted by the terms of the cost share agreement.
Novak notes that the practice has not been to bill those who are not within town of vail for their
services nor has it been to assertively collect what is billed. There was some discussion about
number of properties with Vail fire contracts as 28; number of properties outside town corporate
limits as 190, and 37 incidents occurred in 2014 outside limits. Council input included direction
as follows:
■ Explore if a tax lien could be imposed on properties that receive out of district fire service
responses in an effort to collect delinquent payments; requires legislation
■ Collect costs related to providing the service for out of district responses
■ Make direct contact with adjacent out of town limits property owners about change in
practice for providing out of district services
• Draft legislation that would address a fire protection rate structure, different from the current
rates, which mirrors the Colorado rates as specified in the Colorado Rate Reimbursement
Form for billing; draft resolution action
■ Continue to work with ERFPD on an inclusion election for fire services to unincorporated
areas of Vail
• Administer a diligent collection of payments program with Fire Chief authority to waive billing
or collection for "good intent calls"
■ Charge rates to be consistent with state rates in relation to the rate structure to ensure it is
reasonable and documented
• Assess an administrative costs to cover charges for services provided by town
5.2. Fire Prevention Program Update
Presenter(s): Mike Vaughan, Fire Marshal
Background: Routine inspections of commercial occupancies have not been conducted for a
number of years. Vail Fire is preparing to implement an inspection program which will utilize
existing resources to improve public
Vaughan noted his memo that addressed the history of fire prevention in the community and
how staff has spent the past year developing a program to address the current deficiencies in
the inspection program. This program will use fire engine personnel to conduct inspections that
will have a primary focus that emphasizes education over enforcement. Staff has had training
on topics which include identifying hazards, an overview of common fire code violations,
documentation and strategies to gain compliance through education. He noted their goal was to
Town Council Meeting Minutes of April 19, 2016 Page 3
inspect each commercial building every two years. Council supported the effort and program
presented with some feedback on the following items:
✓ There would not be a need for any additional funding since it is going to be funded by staff
on duty
✓ Supported the program as educational and not punitive
✓ Supported the appeal process through a review made by the Building and Fire Codes
Appeal Board
✓ Requested some form of measurement of program success be implemented
6. Action Items
6.1. Any Action as a Result of Executive Session
There were no motions made on items discussed during the executive session described as
follows: Discussion pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on
specific legal questions; and to determine positions, develop a strategy and instruct negotiators,
Regarding: Unmanned Aircraft Systems (Drones), Transportation Network Companies and Out
of Town Fire Protection Services
6.2. Comprehensive Open Lands Plan and Recreational Trails in Vail
Presenter(s): Gregg Barrie, Landscape Architect, and George Ruther, Director of Community
Development
Background: The purpose of this agenda item is to review the recreational trails in Vail and
initiate a discussion on the future of the extension of trails and to present several
recommendations for consideration and action associated with next steps on the
Comprehensive Open Lands Plan and extension of the Vail Trail.
Barrie presented an overview of previous discussions about the Vail Trail improvements, noting
it was most recently reviewed February 2015. He spoke about a great deal of feedback he has
been getting on the topic in recent months and in light of some of the feedback, proposed taking
a step back to review and update the 1994 Comprehensive Open Lands Plan, which identifies
parcels of land in Vail for acquisition or protection by the town. He noted the document
discusses trails as well as protection of environmentally sensitive areas and providing access to
Gore Creek. Thus the town staff requested the council and community provide input about
initiating an engagement process of updating the 1994 Comprehensive Open Lands Plan. He
further recommended assembling an Open Lands Plan Update working group to assist in the
development of the plan update. The role of the working group will be to assist the town staff in
identifying a recommended list of the issues and questions which should be considered by the
Town Council prior to taking any action of the plan update. He proposed a six to eight month
process to update the plan.
Bruno asked if there were any comments or questions for staff from council and there were
none. Bruno opened up public comments noting the question at hand was about the Town of
Vail moving forward to update the Comprehensive Open Lands Plan, which includes a trail and
trailhead planning component.
Michelle Wolf, Avon resident, requested a reevaluation of the Vail Trail proposal supporting
efforts to expand it for those who enjoy using soft surface easy trails.
Town Council Meeting Minutes of April 19, 2016 Page 4
Ann Marie Mueller, Vail resident, expressed concerns about the proposal to expand the Vail
Trail due to topography and suggested a detailed study of the mountain side before any
improvements would be done.
Jamie Malin, Edwards resident and member of the Vail Valley Mountain Bike Association,
expressed support of the trail systems noting that soft surface trails are a huge asset to a
community.
Double Diamond Store Manager spoke about his support of providing for more trails in the
Vail area and he thinks Vail has lost many residents to down valley and the trails that have
been constructed down valley.
Blondie Vucich, Vail resident, expressed passion about the Vail Trail and urged council to
focus their time on updating the Open Lands Plan; she strongly urges protection of the open
lands and supports engaging a stakeholder group to have a constructive dialogue about the
topic. She requested that the Vail Trail proposal be taking off the table for any further
improvements.
Axel Williamson, Vail resident, expressed opposition to the Vail Trail proposal noting specific
concerns with the topography and geography of the area; he noted there are differences with
Vail and down valley trails expansions and there are ample opportunities for hiking and biking
in both areas.
Brian Rodine, Vail resident, supported community assets and revisiting the Open Lands Plan
and hoped there would not be a paralysis by analysis and death by committee approach.
Tom Vucich, Vail resident, expressed opposition to the Vail Trail extension, supported a
review and update of the Open Lands Plan, concerned about what seemed to be a flawed
process, with what seemed to be a "fast track" approach.
Aaron DenBlaykes, Vail resident, supported updating the Open Lands Plan and hoped soft
surface trails would become part of this plan since so many locals enjoy them.
Elaine Kelton, Vail resident, supported revisiting the Open Lands Plan as well as keeping the
Vail Trail in its current state, as it was a working water ditch trail that should not be turned into
a soft surface trail.
Diana Donovan, Vail resident, requested the Open Lands Plan be reviewed not necessarily
rewritten and expressed her support to keep the Vail Trail in its current state, with no cost to
the town as a pedestrian trail that has served the community for 50 years. She asked to be
part of the working committee.
Cleveland moved the Town Council direct the staff through the Town Manager to cease all
activities concerning planning, expansion or improvements to the trail segment known as the
Vail Trail, and that it is subject to the finding that the Vail Trail is currently a unique jewel in the
Vail Trail System, and it is currently well used and successfully serves the community as it is.
He further stated that the inclusion of the Vail Trail in any discussion of the Open Lands Plan will
derail and make comprehensive and meaningful changes to the Open Lands Plans impossible,
and two, that the Town Manager direct staff to initiate a community engagement process of
updating the 1994 Comprehensive Open Lands Plan. Langmaid seconded the motion.
Town Council Meeting Minutes of April 19, 2016 Page 5
Further discussion ensued which included council comments about the need to include all the
community in a dialogue about the trails and open lands plan, and that if the plan is reviewed,
there may be priorities about future trails which would be established by all stakeholders and
users. Barrie finished his comments noting that part of the existing Vail Trail is not part of the
White River Management Plan and the need for this work was in part because the USFS would
like to address this issue with appropriate documentation. The motion passed (4-2; Bruno and
Moffet opposed). Bruno thanked the community for their participation on this topic.
6.3. Purchase Town of Vail Buses
Presenter(s): Greg Hall, Director of Public Works and Transportation, Todd Scholl, Fleet
Manager
Background:
The Town of Vail Bus Replacement Plan includes funding in the 2016 budget to replace a
number of transit buses as described in the memo.
There was some discussion about the bus replacement plan related to the following:
✓ Meeting emission standards
✓ Size and noise impacts of new buses; buses are longer and have same noise impacts
✓ Funding opportunities and difficulties getting funding because of seasonal nature of the
system
✓ Environmental impacts of buses and request to review the research on the report issued in
2014
✓ Use of hybrids in the fleet
Bruno asked for any public input at this time; there was no input. Foley moved to accept the
proposal and purchase eight Gillig Lowfloor 40' buses that are budgeted in 2016, and purchase
the seven Lowfloor 40' buses that are budgeted in 2018 in order to take delivery of those buses
in 2018. Moffet seconded the motion and it passed (6-0).
6.4. Ordinance No. 6, Series of 2016, First Reading, an Ordinance Amending Title 5 of
the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the
Regulation of Unmanned Aircraft Systems (DRONES)
Presenter(s): Matt Mire, Town Attorney
Background: The United States Federal Aviation Administration ("FAA") has released guidance
recognizing the importance of local jurisdictions in deterring, detecting, investigating and
enforcing unauthorized or unsafe Unmanned Aircraft Systems (UAS") operations. The UAS,
commonly known as drones, are devices that are used or are intended to be used for flight in
the air with no onboard pilot. When UAS's are operated within the Town of Vail and particularly
in populated areas, it presents an appreciable risk to public safety in the air and to persons and
property on the ground.
Matt Mire introduced the ordinance topic about amending Title 5 of the Vail Town Code
explaining that at this time the Town Council has officially withdrawn Ordinance No. 6, because
they do not want to address establishing regulations of unmanned aircraft systems (drones) until
pending federal action is taken on drone regulations. He further stated there may be future
consideration of an ordinance that would address use of drones on public property. Mayor Pro
Tem Bruno invited public input on the topic. Andrew Teichman, Avon resident, presented
information about his use of model aircrafts with some ideas about using them at local parks.
There was also some discussion about use of drones next to helipads. There was direction
given staff to continue research in the following areas:
Town Council Meeting Minutes of April 19, 2016 Page 6
• Regulations about drones next to helipads.
■ Review of environmental impacts associated with flying drones near wildlife nesting and
riparian areas.
■ Regulations about flying drones in public parks and trying not to create such strict
regulations for parks that people could not enjoy this as a hobby.
7. Public Hearings
7.1. Ordinance No. 8, Series 2016, Second Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Fund, Heavy Equipment Fund, and Dispatch Fund
Presenter(s): Carlie Smith, Budget Analyst
Background: This will be second reading on Ordinance No. 8 the first supplemental
appropriations for the 2016 budget.
Bruno opened the public hearing on agenda item 7.1, Ordinance No. 8, Series of 2016. Smith
presented the memo noting some highlights of the budget requests and noting no further
changes to the ordinance. There was some discussion about the Ford Park enhancements and
contingency funding, described below:
Propose $540,000 of savings for Ford Park enhancements projects as approved by council
during the first reading of the supplemental. The following projects are currently included in the
budget:
• $260,000 to enhance the Ford Park Entry Portals design
• $97,000 for a lighting control system
• $35,000 to replace the existing wood transformer enclosure at Ford Amphitheater
• $48,000 to install a manual traffic gate on South Frontage Road to facilitate
parking lot control
• $100,000 contingency — funds to cover some design issues with the problems related to sewer
line issues
There was a request to review the funding for the 50th community celebration related to the
commemorative community gifts.
Moffet moved to approve Ordinance No. 8, Series 2016, Second Reading, An Ordinance
Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Fund, Heavy Equipment Fund, and Dispatch Fund. Cleveland seconded the motion.
Bruno requested public input at this time.
Nicola Ripley, Director of the Betty Ford Alpine Garden, suggested the pavers be constructed
to finish the Ford Park project; requested the related expenditures be budgeted in the 2017
budget.
Gwen Scapela, resident, also supported the Town finish the paver construction project, noting
that the area does not look finished.
The hearing was closed to public comments at this time. There was council support in finishing
the paver construction projection so there would be consistency of materials throughout Ford
Park. Greg Hall, Public Works Director, cited a construction cost estimate of $500K and noted it
would require fund balance to finish the project; there was some discussion about including the
project in 2016 or 2017. The motion passed (6-0).
Town Council Meeting Minutes of April 19, 2016 Page 7
7.2. Ordinance No. 7, Series of 2016, Second Reading, An Ordinance Amending
Section 11-7-15, Ski Base Area Signs, of the Vail Town Code, Regarding Ski Base
Area Signs.
Presenter(s): Brian Garner, Planner
Background: This ordinance would amend the text of Section 11-7-15, Ski Base Area Signs, of
the Vail Town Code to allow advertising for on -mountain recreational activities. The purpose of
the amendment is to clarify and differentiate between advertising of on -mountain recreational
activities and commercial uses. This ordinance will enable the applicant, Vail Resorts, to
advertise summer activities that take place on the mountain such as Epic Discovery, which is a
recreational activity in addition to a commercial enterprise. The Planning and Environmental
Commission recommends that the Town Council approve Ordinance No. 7, Series of 2016 upon
second reading.
Mayor Pro Tern Bruno opened the public hearing for consideration of agenda item 7.2,
Ordinance No. 7, Series of 2016. Garner presented the staff memo related to the drafting of the
ordinance. He identified a minor change in Section 1, Subsection "c" of the ordinance which
included language that addressed "corporate sponsors". There was discussion about "defining"
the term in the ordinance in order to create better regulatory language. There was input that no
commercial advertising or logos should be included in the signage. The applicant, Vail Resorts,
Inc. represented by Jeff Babb, Resort Operations Director, spoke about the need to advertise
Epic Discovery on the mountain and noted VRI is also regulated by USFS. Babb expressed
there will be several corporate entities represented with their advertising, sponsorships and
events. The Town Attorney noted "sponsorship advertising" was allowed under the town's
special event permitting process separately since advertising is prohibited. There was further
discussion about the need to address the third party corporate sponsors in this context. Bruno
opened the public comment period. There were no public comments so the hearing was closed.
There were no further comments from staff, the applicant or Town Council members.
Moffet moved to approve Ordinance No. 7 with the language change as suggested below:
"Signs advertising on -mountain third -party corporate logos and corporate sponsors, as
determined by the Town in the sole discretion of the Town reviewing agency, eating and
drinking establishments, retail stores and establishments, and other commercial uses shall be
prohibited". Langmaid seconded the motion. Foley noted he would not support the ordinance
because of his concern the content on the signage would be broader than what was allowed
which has occurred in earlier years; he was hopeful the rules would be followed this time
around. The motion passed (5-1; Foley opposed).
There being no further business to come before the council, Foley moved to adjourn the
meeting and Moffet seconded the motion which passed (6-0) and the meeting adjourned at
9:00 P.M.
Attest:
Patt�Mc nny,_T v n Clerk
Respectfully Submitted
t
ave Chapin, Mayor
Town Council etin inutes of April 19, 2016 Page 8