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HomeMy WebLinkAbout2005-07-19 Town Council Minutes• Vail Town Council Evening Meeting Minutes Tuesday, July 19, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, July 19, 2005. Council Members present: food Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kent Logan Kim Ruotolo Not Present: Farrow Hitt Greg Moffet Staff Members Present: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda is Citizen Input. Rick Sackbauer, representing the Vail Valley Exchange, thanked Council for its continued support of the exchange program. He stated a local group, including Councilwoman Ruotolo, would be embarking to Australia very soon. He then reported he was working with the ski club in Mansfield, Australia, to develop an exchange with Ski Club Vail. Brian Nolan, representing the Vail Valley Chamber and Tourism Bureau (VVCTB), announced a board meeting of the organization would be held in the near future. He then asked if Council preferred to support the message "Vail only" in regards to potential marketing. Donovan emphasized the message "Vail first," and stated it was illegal to spend local marketing dollars supporting activity outside of town limits. Logan suggested the WCTB review its organizational structure to better accommodate a Vail -only or Vail - first approach. Kaye Ferry announced the outdoor film screening of "E.T." at Crossroads on Meadow Drive was a success with approximately 300 attendees. Ferry asked for the town's help in cleaning the parking lot in preparation for the second show. The second item on the agenda was a Construction Update. During an update on construction, Public Works Director Greg Hall announced work continues with installation of a new water line on East Gore Creek Drive, while Sundial plaza in LionsHead would be paved shortly. The West Vail interchange will be open to two way traffic very soon and the Vail Plaza Hotel is starting on temporary storm sewer work on the Frontage Road. Zemler then stated there would be potholing on Vail Road as part of the Four Seasons project. 0 The third item on the agenda was a Timber Ridge Affordable Housing Corporation . (TRAHC) update. The TRAHC provided Council with financial and operating information based on reporting requirements. Council also requested updates concerning progress toward mold remediation and sale or redevelopment of the property (Timber Ridge). This update, by TRAHC Chairman Zemler included an overview of a potential agreement between Council and TRAHC. This agreement is recommended by legal counsel. The agreement would have TRAHC employ the town as its agent to solicit proposals for redevelopment. The Request For Proposals (RFP) for Timber Ridge will be issued by the town and the town's recommendation would then be forwarded to TRAHC, who upon payment of their debt would make the property available for redevelopment. Logan inquired about the financial reporting of the $700,000 loan recently made by the town to the TRAHC as well as accounting for the depletion of the replacement reserve held by US Bank, as required by the bond documents. Housing Coordinator Nina Timm said the financial reports provided were through May, 2005; the loan was not funded until July, 2005. Camp will follow up with the auditors regarding accounting for the depletion of the replacement reserve. Bill Jewitt asked about what he perceived was the potential structuring of an endless loop between Council and the TRAHC Board. Mire stated the TRAHC Board was merely divesting its authority to Council to determine the appropriate use of the property. Jim Lamont, representing the Vail Village Homeowners Association, confirmed the RFP has been posted on the town's web site at www.vailgov.com. He also asked if any non -deed restricted residential units were proposed for the property so as not to create a ghetto. Housing Coordinator Nina Timm responded the property as it currently exists is a special development district with no underlying zoning. The fourth item on the agenda was Local Licensing Authority (the "LLA") Appointment. There was one vacancy on the LLA. The town received one application for the vacancy. Cleveland moved and Ruotolo seconded a motion to appoint Robert McKown. The motion passed unanimously, 5-0. All LLA members must be citizens of the United States, qualified electors of the town, and have resided in the town for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five - member board include reviewing town liquor license applications. Slifer thanked outgoing LLA member Rob Rothenberg for his three years of service on the board. The fifth item on the agenda was a Vail Conference Center Update. Community Development Director Russ Forrest announced on June 7, the Council authorized additional funds to continue working on the conference center. As part of that authorization, $30,000 was budgeted for additional operational studies. He then said the Conference Center Oversight Committee would like to retain a qualified professional to evaluate price sensitivity for a proposed increase in the lodging tax and its impact on lodging. The Committee requested Council authorization to spend up to $10,000 to evaluate this question. He then reported July 13, the Committee met and reviewed the current conference center ballot language. The lodging representatives on the Committee requested two issues be discussed with the Town Council: 1. Complete an analysis of price sensitivity in the resort lodging market place to increases in lodging tax. Specifically the lodging community would like to know if raising lodging tax will negatively impact lodging business or if there is a threshold which should be recognized. Currently a guest checking out of a Vail lodging property pays an 11.8% tax (sales and lodging tax). • 2. Request to Council to discuss sun setting the lodging tax. The Lodging community would be very interested in sun setting all or a portion of the tax. This matter could be considered more fully once a final tax increase is determined based on a guaranteed maximum price from Mortenson Construction which will be available in August. Cleveland stated conference center funds were not intended to provide sensitivity tests. Donovan stated she did not believe there was any value in it. Ruotolo stated she did not believe the lodging community supported an additional lodging tax. Logan stated he did not believe there was any elasticity for the percentage increase of lodging tax increase being discussed. Council agreed suggesting a sales tax was unacceptable. The sixth item on the agenda was the First Reading of Ordinance No. #1, Series of 2005, an Ordinance establishing Special Development District No. #39, Crossroads. The Community Development Department recommended Council table the First Reading of Ordinance No. #1, Series of 2005. Cleveland moved and Logan seconded a motion to table. The motion passed unanimously, 5-0. The seventh item on the agenda was consideration of an Intergovernmental Agreement ("IGA") between Vail Square Metropolitan Districts 1, 2 and 3 (the "Districts) and the Town of Vail regarding operation and maintenance of the On -Site Streetscape Improvements and the LionsHead Place Improvements. The IGA was approved as to form, as Exhibit D, to the Consolidated Service Plan for Vail Square Metropolitan Districts 1, 2 and 3, which was approved by the Town Council via Resolution No. 8, 2005, on May 3, 2005. It was represented at that time that a final version of the IGA would be brought back to Council for review and approval prior to its execution. No substantive changes were made to the IGA since Council last reviewed it on May 3, 2005. Logan moved and Cleveland seconded a motion approve. The motion passed unanimously, 5-0. The eighth item on the agenda was Resolution No. #12, Series 2005, A resolution approving the amendment to core site development agreement (the "Amendment") among the Town of Vail (the "Town"), Vail Reinvestment Authority (the "Authority"), and the Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation ("Vail Associates"), which amendment pertains to certain respective rights and responsibilities of the Town, the Authority and Vail Associates in relation to the core site development proposed to be undertaken by Vail Associates and affiliates. The topic was an amendment to the Core Site Development Agreement ("DIA"). Because the original DIA was negotiated and adopted prior to final design approvals, there were several housekeeping matters that needed to be amended in order to comply with certain conditions adopted by the PEC. The main items are as follows: 1) The town is agreeing to various easement dedications subject to final review by the town staff. These were anticipated by the original DIA and the Amendment sets them out with specificity. 2) The town is agreeing to designate Vail Associates and its designees (contractors and utility companies) to install the off -site improvements. The original DIA mandated Vail Associates do the work. This amendment authorizes and enables Vail Associates to do the work. 3) The town and Vail Associates are agreeing as to the areas of responsibility on an ongoing basis for utilities and off -site improvements. The original DIA did not specify in detail these areas. 4) The town is agreeing to give Vail Associates a license agreement for various encroachments for footings, etc. The original DIA called for 0 transfer of ownership of the property. 5) The town is agreeing to transfer the $4,300,000 obligation for additional parking to the Core Site. The Original DIA tied the obligation to . the Gore Creek Town homes. This was an accounting issue which served to properly allocate the money to the Core Site. The condition, as before, is a personal obligation of Vail Associates and was not conditioned upon the building of the Core Site. The amendment does not limit the effect of any condition to closing under the original DIA which presently remains unsatisfied. The amended agreement will update the original Core Site Development Agreement based upon all current approvals as set forth above. Due to a pre -determined conflict of interest, Slifer recused himself from the item. Ruotolo moved with Logan seconding a motion to approve. The motion passed, 4-0. The ninth item on the agenda was Resolution No. #13, Series of 2005, a Resolution approving the parking capital investment agreement between the Town of Vail (The "Town") and the Vail Corporation, D/B/A Vail Associates, Inc., A Colorado Corporation (Vail Associates") which agreement relates to the Arrabelle at Vail Square Development by Vail Associates. Resolution No. #13, Series 2005, operates to amend the original Parking Capital Investment Agreement. The amended agreement will transfer the $4,300,000 obligation for additional parking to the Core Site. The obligation was originally tied to the Gore Creek Town homes. This was an accounting issue which served to properly allocate the money to the Core Site. The condition, as before, is a personal obligation of Vail Associates and is not conditioned upon the building of the Core Site. Ruotolo moved with Logan seconding a motion to approve. The motion passed 5-0. The tenth item on the agenda was Resolution No. #14, Series 2005, a Resolution approving the adoption and confirming the effect of the intergovernmental agreement by and among the Authority, The Vail Square Metropolitan District No.'s 1, 2, and 3, and the Vail Corporation, D/B/A Vail Associates. Resolution #14, Series 2005, is simply an acknowledgement by the Town Council that the condition of approval for the Consolidated Service Plan for Vail Square Metropolitan Districts 1, 2 and 3 (the "Districts") has been satisfied. Cleveland moved with Ruotolo seconding. The motion passed unanimously, 5-0. The eleventh item on the agenda was the Town Manager's Report. Zemler stated House Bill 1177, commonly known as the 'Interbasin Compact' or the 'Colorado Water for the 21' Century Act. He then reported the bill created nine basin roundtables covering geographic areas in Colorado. These roundtables would serve the primary bodies for on -going discussions related to needs within each basin and the basins' interaction with each other. Caroline Bradford, Eagle River Watershed Council, coordinated a meeting of the municipalities on July 11. At this meeting, the following towns were represented: Basalt, Gypsum, Eagle, Avon, Minturn and Vail. Consensus on the municipalities' single appointment was required by July 15, 2005. The county will also be allowed to appoint one candidate. Unanimously, the six towns agreed to nominate Chuck Ogilby as their collective representative. The twelfth item on the agenda was Adjournment. Logan moved with Ruotolo seconding a motion to adjourn at approximately 6:45 p.m. The motion passed unanimously, 5-0. Respectfully Submitted, E 4 SEAL Rodney E. Slifer, Mayor ATTEST: ••C�LOF'QO 41� Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. s