HomeMy WebLinkAbout2004-09-07 Town Council MinutesN
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Vail Town Council Evening Meeting Minutes
Tuesday, September 7, 2004
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, September 7, 2004.
Council Members present: Rod Slifer, Mayor
Dick Cleveland, Mayor Pro-Tem
Diana Donovan
Farrow Hitt
Kent Logan
Kim Ruotolo
Greg Moffet
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Joe Joyce, owner of Joe's Deli and the Vail Village popcorn wagon, expressed concern
isthat the promoter of the upcoming Oktoberfest events in Lionshead and Vail Village
would be using an outside vendor to sell food. Joyce suggested local businesses should
be given the opportunity to participate in event planning before arrangements are made
to bring in an outside vendor.
James Deighan of Highline Sports Entertainment, the promoter of Oktoberfest,
acknowledged Joyce's complaints, saying his company had been hired to operate the
event in a fiscally responsible manner, thus his company's decision to internally manage
food sales.
Rick Scalpello began his public comment by complimenting the Town for a fine start to
the Vail Village streetscape projects on Meadow Drive and Bridge & Gore. Representing
businesses and property owners along Meadow Drive, Scalpello then stated the group's
desire for snowmelt to be included in the town's streetscape design along Meadow Drive
from Vail Road to Slifer Plaza, noting the group's willingness to pay for the snowmelt on
private property. Scalpello qualified his request by stating that property owners have
$400 million in reinvestment planned for the area, subsequently generating an estimated
$2 to $3 million dollars in additional annual sales tax revenue. Councilman Kent Logan
requested that a timetable and plans for the East Meadow Drive streetscape project be
provided to Council.
Howard Stone, a Westhaven Drive resident, shared his frustration in working with
representatives from Vail Resorts, Inc., to resolve outstanding issues as they relate to an
ordinance amending the Cascade Village Special Development District that would allow
for creation of a development on Tract K of the Glen Lyon subdivision to accommodate
snowcat access. Stone said Vail Resorts has indicated that if agreements aren't reached
with the homeowners, the Westin Ho ski run will no longer be maintained (snow making
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or groomed), the trail will be taken off Vail Mountain ski maps, and the run will be marked
out of bounds. Although expressing an understanding that the closure of the Westin Ho
ski run was a matter between Vail Resorts and the homeowners, Stone suggested the
Town Council may have an interest in the outcome since the town will ultimately have to
endure problems if the trail is closed.
The second item on the agenda was a Village Streetscape, Core Site and East Meadow
Drive Update. Public Works Director Greg Hall announced that streetscape
improvements had begun on September 7 with construction returning to Lower Bridge
Street, Eaton Plaza, Wall Street, Hanson Ranch Road and a new project on East
Meadow Drive. Hall concluded by stating this installment of the Village Streetscape
Improvements would be completed by November 20.
The third item on the agenda was a Conference Center Update. Council voted
unanimously, 7-0, to approve the issuance of a Request for Qualifications (RFQ) of the
conference center for a general contractor. Moffet moved with Logan seconding. It was
announced that on September 21, Council would receive an update on conference center
progress and a public open house would be held on a date soon to be determined, to
review site plan concepts. Russ Forrest also presented an update on the process, to
date. It was noted that more than 150 comments from more than 100 interested citizens
and adjacent property owners had been received during the initial public scoping process.
Logan stated all involved in the design process remain cognizant not develop a "black
shuttered building." This comment encourages the design of a facility so that when
conferences or similar events are not occurring, the facility would be able to serve as a
• public amenity. Councilman Cleveland reiterated Logan's comments and stated that
during the design process that the town "should not close the door on making the project
more usable." Councilwoman Donovan inquired as to if project designers / architects,
Fentress Bradburn, had reviewed the RFQ and also encouraged staff to utilize Fentress's
experience to help maximize facility usage potential.
The fourth item on the agenda was the Consent Agenda. Council voted unanimously, 7-
0, to approve the Town Council Evening Session minutes from July 20, August 3 and
August 17, with minor additions made to the August 3 and August documents. Hitt
requested that his name be added to the list of Council members present in the August 3
Minutes. Donovan requested that Chip Domke's comments made during the August 17
meeting, Citizen Participation agenda item, reflect that he stated efforts had been taken
to protect the growth of "existing native vegetation" as opposed to "protect the growth of
wildflowers and plants." Ruotolo moved and Cleveland seconded the motion to approve
as amended.
The fifth item on the agenda was a Pine Beetle Update by the United States Forest
Service (USFS). USFS District Operations Manager Cal Wettstein and Forest Health
Management Entomologist Dave Eager provided the update. Eager stated that due to
continuing drought conditions throughout the inter -mountain west, the present pine beetle
outbreak is vast and includes an area from Canada to Mexico. Although pine beetles are
indigenous organisms, drought conditions cause trees to create less resin, a natural
barrier to pine beetle infestation, he said. Wettstein added that four primary factors
impact beetle infestation: 1) weather conditions; 2) stand conditions (trees approximate
location to each other); 3) age of the trees; and 4) the species of trees located in specific
areas. Wettstein also announced that an aerial survey of the Vail area had been recently
conducted and that the USFS is tracking tree mortality rates in specific locations.
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Wettstein continued that by decreasing tree density, more moisture is available to
remaining trees, thus increasing the opportunity for lower tree mortality rates. Wettstein
then stated that the Vail Valley Forest Health Project (VVHFP) would continue and within
the next few months, a draft Environmental Impact Statement (EIS) would be released.
As a part of the VVHFP, Wettstein anticipated the propagation of aspen clones in West
Vail area would occur. Photographs of the valley taken in the 1930s indicate that aspen
trees were at one time more common in the area and would act as an effective fire break.
Subsequently, current fallen and beetle infested trees in the West Vail/Intermountain area
would be removed/culled and burned, This action could amount to the removal of
potentially 30 percent of the present tree population (living, dying, dead bio-mass) in the
area. Wettstein stressed this would be an attempt to control bio-mass as well as maintain
scenery. This is referred to as an "adaptive management" approach. Town Manager Stan
Zemler asked Wettstein when the USFS would begin the bio-mass removal project in
West Vail. Wettstein indicated the EIS should receive approval by spring 2005, and bio-
mass removal would begin within a year to a year -and -a -half after EIS approval. Eager
added that several species of the pine beetle exist; however, Vail is mainly being affected
by the variety that affects lodge pole pine. Bob Louthan, East Vail resident, asked about
Pine Beetle and bio-mass control in East Vail. Wettstein stated East Vail has the
advantage of a natural aspen break, However bio-mass removal is not viable as there
are severe avalanche and debris flow risks that occur with such actions. The USFS
representatives did stress they would work with adjacent land owners in
removing/clearing dead or dying bio-mass. Slifer recommended to Zemler the town
should set aside funds for pine beetle mitigation in future budgets.
• The sixth item on the agenda was a Vail Recreation District (VRD) Update. Scott Proper,
VRD board member, provided an update on the VRD's decision to forego operation of the
Ice Dome during the 2004-05 winter season. Proper qualified "ice usage" demand has not
materialized over the past few years due to a mix of programming provided at Dobson Ice
Arena and a generalized decrease in demand created by down valley facilities. Hitt then
asked Proper if the VRD had requested deposits for ice requests that had been made.
Proper responded the VRD Board had requested ice usage contracts and deposits, and
he assumed VRD staff followed the directive of the VRD Board. Instead, the VRD agreed
to fund up to $5,000 to help the town store the Ice Dome for an additional year.
Donovan stated that she believed that the TOV and VRD should investigate the
development of a less formal outdoor ice venue. Proper and TOV staff subsequently
indicated they would explore the possibility of a "primitive" outdoor skating venue in Vail
for the 2004-05 winter season. Proper also noted that extensive efforts would be made at
Dobson Arena to accommodate as many skater groups and events as possible.
Subsequently, Cleveland made a motion to authorize the Town Manager to take steps or
investigate options to sell the Ice Dome. Ruotolo seconded. The motion passed 5-2, with
Slifer and Donovan dissenting. Discussion surrounding the sale of the Ice Dome focused
on the potential usability of the existing dasher boards and refrigeration equipment that
had been used to operate the facility. TOV staff indicated they would investigate the
potential viability of utilizing Ice Dome equipment for use in an outdoor or alternative
venue. During a pause for public comment, Stephen Connelly, representing the Vail
Valley Ice Users Association, stated Proper and the entire VRD should be commended
for their willingness to revisit the issue. Michael Cacioppo, former TOV Councilman,
remarked if the ice dome were to be sold to a down valley entity, a second sheet of ice in
Vail may no longer be necessary.
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Proper also presented an update on two ballot issues authorized by the VRD. When
referring to the proposed ballot questions, Proper said he has encountered many
constituents in Vail who desire more recreational amenities, and to provide these, the
VRD has decided to ask for a mill levy increase due to lower revenues at the Vail Golf
Course and lower assessed tax valuations in Vail. Moffet inquired as to the status of golf
course revenues. Proper responded there was a feeling amongst some in the community
and the VRD Board the current method of golf pass distribution and green fee pricing
amounted to very inexpensive golf for only a few local residents, while also pointing to a
general "mushrooming" of availability of golf courses in the United States and more
specifically in the Vail Valley. Several Council members questioned the specific language
of the ballot questions, the subsequent revenues that each ballot question would
generate, and management practices utilized by the VRD. Most of the Council expressed
a belief the proposed ballot questions were vague and did not appropriately address the
matters at hand. After further research, Zemler noted the certification deadline was the
next day, 09.08.04. During a pause for public comment, Cacioppo expressed concern
the VRD's proposed ballot questions included no sunset as the operating contract
existing between the TOV and VRD would be expiring in a couple of year. Cacioppo
concluded he believed international/national occurrences and down valley competition
were the primary reason for the Vail Golf Course's consistent decline in revenue.
The seventh item on the agenda was an Information Centers/Overview and Award of
Contracts. Finance Director Judy Camp announced the current contract for operating the
Visitor Information Centers in Vail Village and Lionshead would expire on September 30,
2004. Camp continued the TOV issued a Request for Proposal (RFP) via public notice in
• late June asking for three-year proposals to operate the information centers. Responses
were received from the Vail Valley Chamber and Tourism Bureau (WCTB) and the Vail
Chamber and Business Association (VCBA). Following review of both proposals, staff
recommended awarding a three-year contract, subject to annual appropriation, to the
WCTB. Camp reported the proposal submitted by the WCTB met all of the
requirements of the RFP. The WCTB (and its predecessor organizations) had 30 years
of experience in managing the Vail visitors' centers and maintains a strong staff as
exhibited by the resumes submitted and the quality of their proposal. The proposed
business plan from the WCTB was built upon their current programs as specified in the
proposal. The WCTB requested $173,555, plus nine blue parking passes, to fund 100%
of the staffing of the information centers and 50 percent of the support costs, with the
remainder funded from commissions received on reservations. The VVCTB's cost was
the lower of the two proposals, but represented an increase over the current contract, as
well as it was greater than the Town Manager's internal guideline of 2.0 to 2.5 percent.
Staff further recommended that the amount of the contract for 2004/2005 be reduced to
$170,675. The VVCTB also submitted a proposal to re -instate the hours that were cut
from the shoulder seasons in 2003/2004, particularly because of the construction
anticipated throughout the town and the desire to communicate to our visitors Vail is
"open for business." Staff did not recommend re -instating the additional hours and
recommended the Town Manager enter into negotiations with the WCTB for information
services.
After the Town Manager's recommendation was made by Camp, there was some
disagreement by the VCBA concerning what information had been received by TOV staff,
as well as discussion regarding the VCBA's submitted materials as they were reported to
be provided to the town two working days past the RFP stated deadline. Councilwoman
Donovan inquired as to why the contract recommendation was for three years.
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Brandmeyer stated it was decided last year to have a three year contract. Donovan
stated that other ideas such as a "economic development" position invalidated a three
year contract concept. Donovan also stated she was disappointed Council had not been
given the option to review the RFP or applicant -provided materials. Logan emphasized
he believed the RFP process was not as thorough as it should have been, and the public
had no credibility in the process that had been used. Cleveland emphasized due to
redevelopment taking place in the Vail Village and Lionshead areas, he thought it would
be premature to enter into a three year contract for information center services.
Cleveland also stressed the need to operate only one visitor's center so as to eliminate
duplication of services and the information center operation discussion should have
occurred in July, as opposed to a month before the end of current operating contract. Hitt
communicated he did not like nor want to continue "business as usual" at the information
centers, and information provided at the information centers should be about Vail and
promote it as an individual entity. Hitt used the example of "vailonsale" as a VVCTB
program that promoted businesses outside of TOV limits. Several Council members also
questioned the proposed hours of operation of the two facilities.
Kaye Ferry, Executive Director of the VCBA, voiced it was unfair only one agency had the
opportunity to gain experience operating the information booths, noting operation of an
information center wasn't "brain surgery," and the VCBA already performed similar
functions in their current office. Steve Rosenthal, President of the VCBA, also stated
concern with the RFP process and handling of the RFP information packets after they
had been returned to the town. Rosenthal questioned why town staff would not have
reviewed the submissions with the applicants. Rosenthal also remarked experience
• could be an everlasting argument, and in everything the VCBA had embarked upon, they
had been successful. Frank Johnson, VVCTB President, rebutted more Vail businesses
belong to the VVCTB than VCBA. Johnson continued the VVCTB had been a good
partner and exemplary servant, operating the information centers for the past thirty years,
and stated hiring the VCBA would be a short sighted mistake. Johnson disagreed that
people would stop at an information center, then drive down valley to find
accommodations, arguing he believed the average visitor is hesitant to even drive as far
as Vail Village to Lionshead after stopping at an information center. Johnson agreed the
VVCTB would continue operation of the information centers until the management issue
is resolved. Katie Barnes, VVCTB, addressing the "vailonsale" questions raised earlier in
the evening by Hitt and the VCBA, said visitors were directed to specific locations based
on expressed needs, rather than predetermined locations.
Tracy Long, Vail business owner, spoke in support of the VCBA operating the information
centers, emphasizing the information centers should be used to promote a vibrant Vail
Village atmosphere. Dale Bugby, Vail Resort Rentals, avowed the town should run the
information booths longer, better, and effort should be spent examining Vail's competitive
edge, in terms of web sites such as Travelocity.com and Expedia.com. Bugby also
alleged lodging taxes are not utilized to the maximum benefit to the town. Rick Scapello
remarked the town had not identified a specific purpose for the information centers, and a
shorter contract term should be implemented. Michael Cacioppo spoke in support of
changing the hours of operation for the information centers and questioned why the
Council would accept a staff recommendation for an operation as important to the town
as the information centers. Cacioppo ended by saying he believed it to be an egregious
mistake that Council had not had the opportunity to see the applicant's proposals. Joe
Staufer, local business owner, articulated concern with the VVCTB operating the
information booths, since that the VVCTB had to cater to the needs of a numerically
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superior down valley membership base. Staufer concluded by emphasizing promotional
dollars coming out of Vail should stay in Vail. Donovan finished the discussion by stating
there is an obvious interest in a "Vail only" organization running the information centers.
After the questions were raised by VCBA staff and supporters concerning the RFP
process, as well as generous public input supporting a "Vail only" organization, Council
agreed to extend the selection process to include personal interviews with both
applicants. It was agreed by Council the interview panel would consist of Hitt, Ruotolo,
Zemler, Brandmeyer and Camp. Zemler emphasized however, only the specific
information that had been previously received by the town in the original RFP would be
used in the selection process. Moffet moved to have VVCTB continue operation of the
information centers on a month -to -month basis until a second recommendation by the
Town Manager was received by Council. Cleveland seconded. Motion passed
unanimously, 7-0. Moffet had earlier moved to accept a two year contract, while revisiting
information center hours of operation over the next several months. That motion died
without a second.
The eighth item on the agenda was a request by Crossroads East One, LLC, to proceed
through the development review process with a proposal to construct private improvements
on Town of Vail property. The Council voted unanimously, 7-0, to allow Crossroads East One
to proceed as part of a redevelopment application to create a Special Development District
(SDD). In conjunction with that application, there were several improvements which were
proposed within the Town of Vail right-of-way for Village Center Drive and East Meadow
Drive. Since Crossroads proposed to construct and alter Town of Vail property, Town
• Council permission was required to proceed through the development review process. The
review process for creating a new SDD requires the Planning and Environmental
Commission forward a recommendation of approval or denial to the Council. If Council were
to approve the SDD, it would require two public readings of an ordinance to establish the
SDD. Moffet moved and Ruotolo seconded the motion to proceed through the process.
The ninth item on the agenda was Resolution No. 20, Series 2004, A Resolution approving
the Gore Creek Place Development Agreement (The "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 pertains to certain respective rights and responsibilities
of the Town and Vail Associates in relation to the Gore Creek Place Development Site owned
by Vail Associates and Affiliates. At Mire's request, Council voted to table Resolution No. 20,
pertaining to the Gore Creek Place development, to the September 21 Town Council
Session. Moffet moved and Ruotolo seconded the motion, with the motion passing
unanimously 6-0, as Slifer had recused himself from the item.
The tenth item on the agenda was the Second Reading of Ordinance No. 21, Series
2004, an Ordinance making supplemental appropriations to the 2004 Budget
Supplemental Appropriation No. 2. The ordinance, the second supplemental
appropriation of the year, identified $3,045,169 in revenue increases and $3,272,372 in
related expenditures. Finance Director Judy Camp outlined major changes to the budget,
including an adjustment to funding and construction costs for the Multi -Purpose
Recreational Facility at Red Sandstone School; legal fees associated with a water rights
case brought by the town and several other resort communities on behalf of their
whitewater parks; fees associated with the conference center planning; the cost of
additional contract positions funded in part by a development resources agreement with
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Vail Resorts; and revenue forecast increases. Cleveland moved, and Hitt seconded the
motion. The motion passed unanimously, 7-0.
The eleventh item on the agenda was the Town Manager's Report.
➢ Cascade Bike Path
Greg Barrie from the Public Works Department provided a construction progress and
financial report on the Cascade Bike Path. Barrie noted the town has added $150,000 to
the 2005 Real Estate Transfer Tax (RETT) budget to reflect the town's share of
improvements for this section of the bike path, in conjunction with a proposed cost -share
from Holy Cross Electric and the Cascade Village Improvement District.
➢ Quick Response Vehicle (QRV) Update
At Council's request, Fire Chief John Gulick provided an update on the status of the
department's acquisition and use of its two quick response vehicles (QRV). Gulick said
the department chose to utilize QRV's to reduce unnecessary expenditures and wear and
tear on fire engines, and the department is finalizing standard operating guidelines for
use of the new equipment. Appropriate QRV responses will include basic first -aid or
medical emergencies; selected vehicle accidents on 1-70; bicycle accidents on bike paths;
off -road accidents on Red Sandstone Road, Mill Creek Road or on Vail Mountain;
wildland fires; and confirmed non -emergency fire alarms in buildings. Fire officers will
determine which vehicle responds based on the nature of the call as dispatched. Calls to
• which a QRV responds requiring additional support will be supplemented by personnel
and equipment from another fire station. If an engine is already committed to a call
requiring more help, a QRV can be utilized to deliver additional personnel. The chief said
QRV's add a new level of flexibility in responding to a variety of emergencies. Gulick
continued one QRV is currently being used for rescue while the other is used as a light
engine. The chief then answered questions as to what equipment is currently installed
and in use on specific vehicles as well as where the vehicles were being stored.
Cleveland and Moffet requested a pro forma and statistics be provided by staff to
unequivocally demonstrate the efficiencies of QRV usage.
➢ Keg (Barrel Containing Malt Cereal Beverage) Tagging Legislation
As participants in a Colorado Department of Transportation (CDOT) underage drinking
grant, the Town of Vail Police Department (TOVPD) requested support from the Colorado
Association of Chiefs of Police (CACP) to help sponsor "keg tagging" legislation during
the present 2004 State of Colorado Legislative Session. The law would require when
kegs are sold, buyers must show identification and fill out a form writing in their names
and addresses. A registration "tag" —really a sticker —is then affixed to the outside of the
keg. The intent of the tagging law is to hold adults accountable for providing alcohol to
minors. If law enforcement finds a tagged keg at a party where minors are drinking, they
can track it back to the purchaser, who may then face civil or criminal penalties. Mothers
Against Drunk Driving has contacted the TOVPD supporting these efforts. The TOVPD is
requesting permission to collaborate with the CACP and MADD to sponsor this
legislation. Council approved of supporting the legislation, however, stipulated they did
not want TOVPD to spend an inordinate amount of time on the project, or such time that
would hinder normal duties directly benefiting the TOV. Zemler announced only a
reasonable amount of time would be spent on the endeavor.
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➢ Park City Tour
Corey Swisher from the Town Manager's Office announced for the third time in recent
history, a large contingent of Park City representatives would be arriving in Vail to learn
about and explore a peer municipality. Swisher continued the group would arrive on the
evening of September 15 and would consist of approximately 70 people, including
elected officials, staff, a local leadership class of 25 people, and local business members.
Swisher explained a'dine around' with Vail officials and community members would occur
on the evening of September 15 at local restaurants, and town staff would provide a
formal program at Donovan Pavilion on September 16.
The twelfth item on the agenda was adjournment. The meeting was adjourned at
approximately 10:05 p.m. Moffet moved, Ruotolo seconded. The motion passed
unanimously, 7-0.
Respectfully Submitted,
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ATTEST: •'••...•...•••�
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Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor