HomeMy WebLinkAbout2005-03-15 Town Council Minutesn . is
Vail Town Council Evening Meeting Minutes
Tuesday, March 15, 2005
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 Rod Slifer.
Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro -Tern
Diana Donovan
Farrow Hitt
Kent Logan
Greg Moffet
Kim Ruotolo
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
Slifer called the meeting to order at approximately 6:05 p.m.
The first item on the agenda was Citizen Input. Former Vail Mayor Kent Rose requested
Council petition the Vail Recreation District (VRD) to dissolve. Rose stated the VRD is
continually criticized for not being responsive to citizens or being fiscally responsible.
Rose then said elimination of the VRD would end duplicate functions and make the town
ultimately responsible for recreation programming. Rose finished by reporting three
more golf courses were being located in the Vail Valley this summer, only increasing
competition for the Vail Golf Course.
Mark Gordon thanked Council for conducting an orderly public comment session during
a recent informational session for the proposed Crossroads redevelopment. Gordon then
encouraged Council to maintain the same comment restrictions during the evening's
conference center update.
Scott Proper, VRD Board Member, spoke to make Vail residents aware the VRD wants
to see changes and any avenue potentially leading to better recreation services in Vail
will be explored.
The second item on the agenda was the Conference Center Update. Community
Development Director Russ Forrest announced on February 24 the Vail Conference
Oversight Committee met to review progress on the conference center design. The
committee voted to recommend forwarding the design to three general contractors for
cost estimates. Forrest then provided the audience and Council with a comprehensive
review of progress to date on the conference center, subsequently requesting Council to
review:
➢ Progress and public input on the design and review of the capital budget for the
project.
➢ Grant permission to forward the design to the three general contractors.
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➢ Grant permission to issue a Request for Proposal (RFP) for operation and
management of the facility.
Forrest stated the primary objective of the RFP for operations was to minimize
operational deficit, seamlessly integrate marketing, operation, and management of the
facility and to leverage existing resources in the town. Forrest then focused on a recently
provided HVS study emphasizing study results of market demand, and review of
estimated operation costs. Curt Fentress, principal in charge of design, representing
Fentress Bradburn, stated the center's schematic designs were completed and 80% of
the structural design had been finished. Fentress provided an overview of floor plans
and potential ballroom layouts while also reporting design refinements were made based
on Council and public input. During an opportunity for public comment, Rob LeVine
stated the opportunity to create a conference center provided a very exciting time for the
town. Jim Feldhaus, representing Colorado Mountain Express, encouraged Council to
move forward on the project post haste. Ed O'Brien, Chairman of the Vail Valley Medical
Center, also encouraged Council to move forward with the proposed project. Stan
Cope, Conference Center Oversight Committee member, reported the committee had
found no fatal flaws in the proposed project. Mark Gordon applauded the functional
design of the center and the potential creation of 329 jobs. Logan stated a reserve fund
had been accumulated to help offset introductory operating deficits. Donovan said she
believed the process was out of sync, and the reported facts did not support moving
forward on this project. She also stated the architectural design of the proposed center
is terrible and is not iconic for Vail, Colorado. She expressed concern the RFP for
operations was a "fishing trip." Slifer stated the Oversight Committee had spent
significant time discussing governance of the facility. Ruotolo asked how many
responses were anticipated from interested operators. Chris Squadra, representing
Architectural Research Consultants (ARC), stated a half -dozen companies have
expressed interest. The question was asked whether three weeks is adequate to
respond to an RFP. Cleveland emphasized staff requests were only requests for
proposals and provided a jumping off point. Moffet moved and Hitt seconded a motion
to approve. The motion passed 6-1, Donovan opposed.
The third item on the agenda was a presentation by the 1-70 Central Mountain
Transportation Corridor Coalition. Gary Suitor, independent consultant hired by the
Northwest Colorado Council of Governments (NWCCOG) began the presentation by
explaining the purpose of the 1-70 Coalition was to prepare a regionally preferred
alternative for the 1-70 corridor that could be presented to Colorado Department of
Transportation (CDOT). In an attempt to influence CDOT, the Colorado State
Legislature, the U.S. Congress, and other Federal and state entities having jurisdiction
over planning, implementation, or operation of the corridor transportation project to
provide resources to build a regionally preferred alternative to meet the transportation
goals of the corridor communities. Public Works Director Greg Hall then presented a
synopsis of CDOT's Programmatic Environmental Impact Statement (PETS), which
outlines possible improvement alternatives for 1-70 between C-470 and Glenwood
Springs. As a member of the 1-70 Coalition, the group sought Council and community
input on a preferred option for highway improvements. Hall explained various proposed
alternatives listed in the PEIS including: rail, monorail, buses, additional lanes and high -
occupancy vehicle lanes. Jeff Coleman, Region 1 Transportation Director for CDOT,
explained potential variances in construction times. He noted any improvements to the
interstate would most likely first occur on the Front Range. Moffet questioned the
programmatic timing component of the PEIS and stated a belief people living in the
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mountains will not use transit to go to Denver. He then recommended the investigation
of transporting vehicles via freight through the area. Moffet concluded his comments by
stating, "Our problem is not congestion it is noise." Ruotolo agreed with Moffet.
Cleveland stressed the necessity for subsidizing flights into Eagle County airport
because it would decrease congestion throughout the corridor. Hitt also encouraged
moving freight instead of people and seconded flight subsidies for the airport. Slifer
expressed concern about potential parking issues if more vehicles arrive in the Valley.
Jim Lamont, representing the Vail Village Homeowners Association, stated Vail can not
remain the same community with more asphalt (traffic lanes) and encouraged Council to
be more forward thinking. Kelly Davis, Rocky Mountain Sierra Club Executive
Committee Member, emphasized the environmental importance of incorporating fixed
guide -way transit. Bert Melcher encouraged the use of new technologies not included in
the CDOT inventory of alternatives. Robert Friis offered his professional services as a
transportation consultant. Suzanne Mueller said the highway noise is very loud and she
would like the noise to be taken care of. She also expressed concern about vehicles
leaving the highway and ending up on the South Frontage Road. Gwen Scalpello
encouraged investigating what is causing the bulk of the traffic. It was reported Robert
Aikens had notified Council of his support for guide -way systems.
The fourth item on the agenda was a Village Streetscape Phase II Construction contract
Award for 2005-2006. The Town of Vail and Eagle River Water and Sanitation District
(ERW&SD) cooperatively designed and have received a proposal for construction
improvements in Vail Village. Council previously directed the Town Manger to negotiate
a price for the improvements. These improvements included the replacement of utility
lines, drainage system improvements, installation of a snowmelt system and final
streetscape treatment for the Children's Fountain, Gore Creek Drive from Mill Creek to
Hanson Ranch Chute, Gore Creek from Children's Fountain to Checkpoint Charlie, the
Gore Creek Promenade, and Willow Bridge Road from Checkpoint Charlie to and
including the International Bridge. The project will continue in a spring and fall
construction sequence for the next two years, 2005-2006. Staff recommended Council
direct the Town Manager to execute a contract with B & B Excavating for an amount up
to $5,765,000. The project falls within the budget established within the capital projects
and Real Estate Transfer Tax (RETT) budgets approved for 2005 and recommended for
2006. Ruotolo moved and Donovan seconded the motion to approve the request. The
motion passed unanimously, 7-0. Cleveland asked about the contributions of private
property owners benefiting from the improvements and was told those negotiations were
continuing. Slifer announced an open house had been hosted by the town earlier in the
evening for the purpose of explaining construction scope and impact. Zemler stated a
meeting of a similar nature had also been held on March 11 and was well attended.
The fifth item on the agenda was the first reading of Ordinance No. #5, Series of 2005,
an ordinance amending Section 6-3C-5C of the Vail Town Code, concerning the
possession of liquor by underage persons. Town Attorney Matt Mire asked Council to
consider text amendments necessary to the Town of Vail Police Regulations, as they
relate to the possession or consumption of liquor by underage persons, to be consistent
with the Colorado Revised Statutes. Mire stated town code does not currently address
the possession/consumption of liquor by underage persons on private property and the
current loophole in the town code would be addressed by the proposed legislation. Mire
emphasized the language of the ordinance mirrored state statute. Buck Allen, Vail
Municipal Judge, reported to Council a minor in possession is not normally an arrestable
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offense. Moffet moved and Ruotolo seconded a motion to approve. The motion passed
unanimously, 7-0.
The sixth item on the agenda was the first reading of Ordinance No. #8, Series of 2005,
an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of
certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third
filing, which are owned by the Town of Vail, and for the vacation and termination of
certain existing public utility and drainage easements within Vail/LionsHead, first and
third filings, all in connection with the development of the LionsHead "Core" site, a/k/a
Arrabelle at Vail Square. Due to a predetermined conflict of interest, Slifer recused
himself from the item. Town Attorney Matt Mire stated the ordinance contemplates
closing requirements made by Council several months ago for the LionsHead Core Site.
Mire then stated this ordinance was for the purpose of (i) authorizing the conveyance by
the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions
owned by the town of the approved development site for the Lionshead "Core," also
having the project name of "Arrabelle at Vail Square," such conveyance being
conditioned upon the closing under the Core Site Development Agreement, and
(ii) terminating pre-existing platted easements within the Core development site,
conditioned upon the closing under the Core Site Development Agreement and the
provision of necessary replacement easements. Moffet moved and Hitt seconded to
approve the ordinance. The motion passed unanimously, 6-0.
The seventh item on the agenda was the second reading of Ordinance # 7, Series of
2005: Consideration of a recommendation by the Open Space Board of Trustees to
include 20 parcels of land in 16 areas as designated open space. On January 25, 2005,
the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously
voted to recommend 20 properties (16 areas) to Council for Open Space Designation.
Furthermore, the Open Space Board of Trustees voted unanimously to forward a
recommendation to the Vail Town Council that the properties in Attachment B referenced
as A, B, & C be considered for designation as parks so that they could be considered for
designated open space in the future. On February 15, 2005, Council requested staff
determine the appropriate steps to designate a parcel of land as a park. The town
attorney since then concluded the action should be done through the approval of an
ordinance. Subsequently, Russ Forrest requested Council approve all or a portion of the
recommended parcels of land for designated open space. In addition, staff requested
direction on whether an ordinance should be developed and presented to the Council,
designating three separate properties as parks, including the Middle Bench at Donovan
Park. Forrest reported no changes had been made to the ordinance since first reading,
other than the inclusion of a legal description of Pirate Ship Park. Hitt emphasized the
three other parcels under consideration for park designation had been purchased with
funds from the Real Estate Transfer Tax. Ruotolo asked that parcel five on Spraddle
Creek be removed from consideration for open space because of its close proximity to I-
70 and potential for other uses, such as an information center. Cleveland moved and
Hitt seconded a motion to approve. The motion passed 6-1, with Ruotolo dissenting.
The eighth item on the agenda was the Town Manager's Report.
➢ Revenue Recovery Group
Town Manager Stan Zemler explained staff planned to engage the Revenue
Recovery Group (RRG), an organization that provides consulting and audit
service to municipalities for sales and lodging taxes, franchise fees, and other tax
issues. The primary service staff plans to use is a group audit in which RRG
audits companies doing business in multiple jurisdictions to assure they are
paying the proper amount of tax to each. Costs of the audit are shared among
the agencies involved. Aspen recently recovered $165,000 from one company
as a result of a group audit performed by RRG. Donovan asked that if
approved, a letter be sent to all business license holders in the town notifying
them of the action. Moffet urged caution and asked staff to carefully monitor how
RRG's compensation schedule is determined.
The ninth item on the agenda was Adjournment. The meeting was adjourned at
approximately 10:25 p.m. Moffet moved and Ruotolo seconded the motion to adjourn.
The motion passed unanimously, 7-0.
Respectfully Submitted,
Rodney E. Slifer, Mayor
ATTEST:
SEAL 00
Lorelei Donaldson, Town Clerk S
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Minutes provided by Corey Swisher.
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