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HomeMy WebLinkAbout2004-09-07 Town Council MinutesN • 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 • • 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. 0 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. r� • 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. 0 • 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 U C] 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 0 • 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. U ➢ 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, OF S�p,L ATTEST: •'••...•...•••� COLON Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 0 Rodney E. Slifer, Mayor