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HomeMy WebLinkAbout2003-05-20 Town Council Minutest • VAIL TOWN COUNCIL MEETING Tuesday, May 20, 2003 7:00 P.M. Town Council Chambers The regularly scheduled meeting of the Vail Town Council was called to order at 7:00 P.M. by Mayor Ludwig Kurz. Council members present: Dick Cleveland Diana Donovan Bill Jewitt Mayor Ludwig Kurz Greg Moffet Chuck Ogilby Rod Slifer Staff members present: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Holding up a headline from the Rocky Mountain News proclaiming "New Rules for Rivers," Rick Sackbauer, chairman of the Eagle River Water and Sanitation District, thanked the Town Council for its participation in the recreation water rights case, which was resolved a day earlier by the Colorado Supreme Court. Sackbauer called it an "historic day for Colorado and Vail" following a 3-3 vote by the court, which let stand a lower court decision that gives recreational water rights the same standing as other water rights. The decision will help ensure adequate flows for whitewater parks in Vail, Golden and Breckenridge. Sackbauer also thanked the Town Council for constructing the new Donovan Park, calling it fantastic and well used. Mark Gordon, a West Vail resident, thanked the Council for installation of the new deer migration fence at Dowd Junction. He also forwarded compliments on Vail's newest park from a group of fellow basketball players who have been gathering to play pick-up games at Donovan Park. Steve Miller, an area resident, introduced himself in a new role as a community focus manager for Qwest. In that role, Miller will serve as a customer contact for the telecommunications company. He can be reached at 970-748-9657 to help resolve or implement telecommunication needs. The second item on the agenda was the appointment of Members to the Vail Local Housing Authority and the Vail Local Licensing Authority. Following interviews earlier in the day, Greg Moffet moved to reappoint Kim Rutolo to a new 5-year term on the Vail Is Local Housing Authority. Dick Cleveland seconded the motion. A vote was taken and • the motion passed unanimously, 7-0. Greg Moffet then moved to reappoint Dave Chapin and Bill Bishop to new terms on the Vail Local Licensing Authority (liquor board) while appointing Bob Louthan as a first-time member. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a Presentation of Options for Moving Forward with Conference Center Facility. Chuck Ogilby moved and Rod Slifer seconded the motion to approve a two-part motion to: 1) build the voter -approved conference center on the town - owned charter bus lot just east of the Lionshead parking structure; and 2) to hold an executive session with representatives from Vail Resorts to hammer out the details regarding an offer by the ski company to financially contribute to the project in the form of additional parking. The motion passed 6-1, Diana Donovan opposing. The vote was the first action taken by the Council since December 2002 when it asked for volunteers to serve on a yet -to -be -appointed Conference Center Oversight Committee. During the five months in between, the project hit an impasse due to a string of parking issues that ultimately created an additional option for the conference center's location. Originally proposed to be built on land donated by Vail Resorts, Councilmembers reviewed an analysis of two sites presented by Russell Forrest, the town's Community Development Director, which showed the various tradeoffs associated with construction costs, parking opportunities and various financial contribution scenarios offered by Vail Resorts. In the end, after weighing pros and cons, and with overwhelming support from the lodging community, the Council voted to support the charter bus lot location. Some of the advantages, they said, included the centralized location of the site, the proximity to Dobson Arena for potential exhibit space and the ability to provide additional public parking (400 or more spaces) either by adding a new plate to the Lionshead parking structure or by locating the required parking on another site. During the public comment period, the Council heard from four lodging representatives who offered support for the charter bus lot location as a preference, or to simply encourage the Council to make a decision either way. Adam Aron, CEO of Vail Resorts, also weighed in with what he called a "generous, dramatic and bold new offer" of a $4.3 million company contribution to help build a new plate of parking at the Lionshead structure, should the conference center be relocated to the charter bus lot. While the offer leaves the project with a $1.8 million deficit, Aron suggested revenues from parking fees could be used to cover the debt. Aron, too, encouraged the Council to make a decision, saying the conference center project will help address Vail's economic needs, its skier parking issues and help with the rejuvenation of Lionshead. In voting to change the conference center's location, Councilman Bill Jewitt said he preferred the charter bus lot because of its ability to connect the two villages. While acknowledging the project has moved slower than others in the community would have liked, Councilman Dick Cleveland expressed concerns about personal attacks against the Council, calling them "inappropriate" and "misguided." Cleveland, too, said he favored the town -owned site, given its proximity to year-round parking. Councilman Rod Slifer credited the financial offers from Vail Resorts in helping the Council move forward on the issue, while Councilmember Greg Moffet, an avid supporter of the conference center, expressed his hesitation in moving the site, noting possible expansion difficulties and the loss of recreation as a possible use on the charter • bus lot. Councilman Chuck Ogilby also offered support for the charter bus lot, noting his • continued interest in finding a suitable location for an indoor recreation center, perhaps on I-70 right-of-way. Mayor Ludwig Kurz thanked the staffs from the town and Vail Resorts in working hard to develop options. He also noted the success of a conference center at Copper Mountain, suggesting a facility in Vail would produce even better results. In casting the lone vote against the motion, Councilmember Diana Donovan expressed frustration about the project, saying the public continues to be "hoodwinked" due to lack of financial details. Additionally, Donovan said voters would have rejected the conference center during the November 2002 election if they had known the center would be located at the charter bus lot. As it was, voters narrowly approved a 1.5 percent lodging tax and a half -cent sales tax to finance the construction and operation of a conference center. Collections began Jan. 1 and will raise an estimated $3.3 million per year. Next steps include completion of the selection process for the Conference Center Oversight Committee, which will take place at the June 3 evening meeting. The fourth item on the agenda was the Business Improvement District discussion. The Council heard an update from Town Attorney Matt Mire on the structure of a Business Improvement District (BID). Earlier, at the suggestion of Councilman Greg Moffet, a group of business representatives began researching the possibility and returned with a preliminary discussion draft outlining an operating plan which, among other things, would give the Business Improvement District autonomy from the town. Mire says the proposed operating plan is inappropriate because it waives the town's statutory oversight as required by state law. Instead, Mire advised the council that the proposal • cannot be considered unless and until the BID proposal complies with state statutes. Mire said he would continue consultations with other legal advisors to help develop an acceptable outcome on the matter. Meanwhile, Councilman Dick Cleveland encouraged others in the business community to join the effort in pursuit of a Business Improvement District that meets the town's legal requirements, calling it a "great opportunity." Cleveland then offered to facilitate a meeting to keep the discussions going. Councilmember Bill Jewitt offered a differing point of view when he questioned whether state statutes provide the opportunity for businesses to control their own destiny. Councilmember Greg Moffet remained hopeful that a BID could be implemented in Vail, which requires a petition from the business community to initiate the first step. He suggested a structure similar to the Vail Local Marketing District which relies on an advisory committee to prepare the budget and operational plan. During the public comment period, Bill Jensen, chief operating officer for Vail Mountain, criticized Mire and members of the Town Council for what he described as an adversarial tone. Instead, Jensen encouraged the town representatives to approach the issue in a friendlier, softer manner. Additionally, Jensen offered support for a board elected at large (rather than appointed by the town council), saying the election would create inclusiveness in the community. Vail Village shop owner Steve Rosenthal suggested creation of a task force to work on the issue, noting the economic viability of businesses in Vail is the No. 1 issue in the recently -released community survey. Rick Scalpello of the Meadow Drive Partnership also offered support for the Business Improvement District concept. In creating the district, he suggested ensuring an equal distribution of business representation, including lodging members. Also speaking was gallery owner John • Cogswell who complimented the Meadow Drive group for their proactive initiatives. In • other action, an earlier request by Steve Rosenthal for a $15,000 contribution from the town to cover legal expenses associated with the BID research, was postponed by the Town Council. The fifth item on the agenda was the Authorization for Interim Town Manager to Negotiate and Sign Donovan Pavilion Management Contract. Greg Moffet moved to authorize the interim town manager to negotiate and sign a management contract for the Donovan Pavilion. Dick Cleveland seconded the motion. A vote on the motion passed unanimously, 7-0. After requesting proposals from interested parties, the town received a bid from a partnership created by local event and marketing specialists Laurie Asmussen and Cindy Clement, which includes a $95,000 management fee. The proposed rate structure for the pavilion includes a 25 percent discount for Vail residents and a 10 percent discount for Eagle County residents, plus 12 "free" days to be assigned by the Vail Town Council through the annual contribution process. During discussion, Councilman Rod Slifer acknowledged the difficulty in setting fees for the facility, noting $300,000 in gross revenue will be needed to break even in its first year. Slifer suggested the need for periodic evaluation to determine if rate structure adjustments are warranted. The pavilion will open in September. Bookings are available by calling 479-2136. The sixth item on the agenda was the Approval to Proceed through the PEC/DRB Approval Process for the Streetscape Master Plan Designs. Chuck Ogilby moved to approve the process and Dick Cleveland seconded the motion. The motion passed 6-1, Bill Jewitt opposing, to approve a motion to accept the streetscape designs for Vail • Village and Meadow Drive and to forward the plans to the Planning and Environmental Commission and Design Review Board to begin the process of amending the town's existing streetscape master plan. The review board meetings are the first in a series of steps that will be needed prior to construction of a phase -one schedule in 2004. Although the plan, as presented, includes heated walkways in some areas of Vail Village, Councilmembers noted the snowmelt component is still contingent on funding. In voting against the motion, Councilman Bill Jewitt voiced his objection to snowmelt, while Councilman Greg Moffet advised against installing piping infrastructure to be connected in the future, noting the current technology will become obsolete. Councilmember Diana Donovan encouraged the staff to continue to sponsor meetings of the Village Streetscape Committee (Donovan, Slifer, Cleveland, Ogilby) to work out additional details. During the public comment session, Rick Scalpello of the Meadow Drive Partnership urged the Council to include snowmelt in the plans for the comfort and safety of pedestrians. The seventh item on the agenda was a Discussion of Pirate Ship Park Design Concepts. As a follow up to a site visit earlier in the day, the Council reaffirmed the scope of the Pirate Ship Park project, which is to take an unsafe play structure -the pirate ship -and recreate the popular ship so it functions in a safe and fun manner. Earlier in the day, the Council rejected a staff proposal to add additional play elements to the park, noting a desire to retain the character of the existing site. Additional direction by the Council included the following: add swings only if they can be integrated into the main structure; park should continue to accommodate up to 25 children; install ADA (Americans with • Disabilities Act) access on the ship deck as long as access is integrated into the main • structure; retain existing grades; retain existing trees; consider the ship as the park's "artwork" rather than call upon the Art In Public Places program to add integrated art; and create efficiencies to complete the project under budget ($300,000 from the real estate transfer tax). During the public comment period, architect Lynn Fritzlen offered support for the project, calling it a wonderful amenity, but a current embarrassment. Fritzlen said she was supportive of staff s original concept to integrate other play elements and that ADA requirements are a reality. At the suggestion of Interim Town Manager Pam Brandmeyer, the Council will review the town's playground safety guidelines, which were adopted previously by the Council, to determine if modifications to the guidelines are in order. The eighth item on the agenda was approval of the Bighorn Asphalt Overlay Contract. Greg Moffet moved to approve a $126,428 bid from B&B Excavating for a two-inch asphalt overlay on Bighorn Road from Streamside Circle west ending at Main Gore Drive. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The B&B bid was the lowest of three proposals. The work will begin June 16 and will be completed by July 3. The ninth item on the agenda was Resolution #5, Series of 2003, on Substantial Compliance of Petition for Annexation to Facilitate the Development of Vail's Front Door (Vista Bahn area) Project At staffs request, Greg Moffet made a motion to table this item to the June 17 meeting. Dick Cleveland seconded the motion. A vote was taken • and the motion passed unanimously, 7-0. On a related issue, Councilmember Diana Donovan noted a request by the town to transfer ownership of the Pirate Ship Park property from Vail Resorts to the Town of Vail. The tenth item on the agenda was Ordinance #12, Series of 2003, first reading, regarding the Tivoli Lodge Special Development District. Greg Moffet motioned to approve an ordinance establishing a Special Development District to facilitate the redevelopment of the Tivoli Lodge at 386 Hanson Ranch Road. Diana Donovan seconded the motion. A vote was taken and the motion passed unanimously, 7-0. If approved on second reading, the applicants, Bob and Diane Lazier, intend to demolish the existing lodge and construct a new 62-room family owned hotel on the site. In voting to approve the ordinance, Councilmember Diana Donovan called the project a great example of redevelopment in Vail. Councilmembers Rod Slifer and Dick Cleveland also offered favorable comments, with Slifer acknowledging the benefits of adding new hotel rooms to the town's inventory and Cleveland complimenting the quality of the project and its ability to move through the development review process in an expeditious manner. The eleventh item on the agenda was Ordinance # 13, Series of 2003, regarding an Amendment to Public Accommodation District to Facilitate Redevelopment of Sonnenalp Hotel and Swiss Chalet. Dick Cleveland motioned to approve first reading of the ordinance amending the conditional use section of the Public Accommodation Zone District to add "lodges, including accessory eating, drinking or retail establishments located with the principal use and occupying between 10 percent and 15 percent of the • total gross residential floor area of the main structure or structures on the site." Bill • Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimsously, 7-0. The text amendment was requested by the owner of the Sonnenalp Hotel and Swiss Chalet to facilitate a proposed redevelopment. is 0 The twelfth item on the agenda was Ordinance #11, Series of 2003, second reading, Loading and Delivery Ordinance. Greg Moffet moved to approve Ordinance 911 on second reading to enlarge the town's minimum size requirement for loading berths from the current 12 ft. wide by 25 ft. long by 14 ft. high to a new minimum standard of 12 ft. wide by 35 ft. long by 14 ft. high. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ordinance also allows the Planning and Environmental Commission the ability to grant variations, larger or smaller, so long as the variation is necessary to prevent negative impacts to the public right-of-way. The ordinance was initiated to clarify and codify requirements that are currently being imposed by the Public Works Department. The thirteenth item on the agenda was the Town Manager Report. As a follow up to the town manager report, Council members were asked if there would be interest in regarding advertising for the Conference Center Oversight Committee openings. In response, the Council agreed to continue with the current list of applicants, noting a significant number of qualified individuals. As there was no further business, Greg Moffet moved adjourn the meeting and Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 10:05 P.M. OFV ,`p Respectfully submitted, SEAL COLOR � Ludwig Kurz, Maor ATT ST: �7 ��J,�Y I�rel�i Donaldson, Town Clerk Minutes taken by Pam Brandmeyer and Suzanne Silverthorn