HomeMy WebLinkAbout2004-03-16 Town Council Minutes•
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, MARCH 16, 2004
6:00 P.M.
The regular meeting of the Vail Town Council was called to order at approximately 6:00
p.m. by Mayor Rod Slifer.
Council members present:
Staff members present:
Rod Slifer, Mayor
Dick Cleveland, Mayor Pro -Tern
Kim Ruotolo
Kent Logan
Diana Donovan
Farrow Hitt
Greg Moffet
Stan Zemler, Town Manager
Pam Brandmeyer, Assistant Town Manager
Matt Mire, Town Attorney
• The first item on the agenda was Citizen Participation. There was none.
The second item on the agenda was a review of a draft Vail Conference Center
Business Plan. The Council heard a presentation from consultant Paul Sajovec, senior
vice president of HVS, who has been working with the Council -appointed Conference
Center Oversight Committee to develop a feasibility study and business plan for the
facility. It was noted the Committee is currently evaluating the just -released study and
will forward its recommendations to the Town Council on April 6. Sites being considered
for the conference center are the charter bus lot just to the east of the Lionshead parking
structure and the top of the Lionshead parking structure. As presented by Sajovec, the
HVS report recommends the Town of Vail pursue construction of a conference center
containing a 25,000 sq. ft. main ballroom/exhibit space and another 25,000 sq. ft. of
breakout meeting space. Reading from the report, Sajovec said the facility should
feature an overall level of quality representative of Vail's reputation as a world -class
resort destination. He said design features should enhance event attendees' sense of
being in a remarkable mountain resort. He went on to say the $42 million facility would
be paid for with bonds backed by a 1.5 percent lodging tax and an additional .5 percent
sales tax, approved by voters in 2002. The center would accommodate groups ranging
from 500 to 2,000. An economic analysis presented by the HVS representative included
projections on new room nights attributed to the facility, which shows an impact of
70,000 new room nights by year -five. As for operations, the study estimates the facility
would operate at a deficit of between $1.1 million in the first year and $743,293 at
stabilization in year 2011. Operating deficits in this range are typical, Sajovec said, for
• conference center facilities of this size. Overall, the study estimates the economic impact
of such a conference center in Vail would generate approximately $33.1 million into the
• town economy and would support 329 jobs, according to Sajovec. During the public
comment period, Stan Cope, manager of the Lodge Tower, stated most of the major
hotels in Vail are in favor of the conference center, as the attendees would be staying in
their accommodations. He said smaller hotels would benefit from the exposure and the
return trips to Vail. Mery Lapin, committee member, warned of possible interest rate
increases, stating timing is of critical importance. Rick Scalpello, also a member of the
oversight committee, asked if the Council was willing to accept an assumption made in
the study as it relates to the projected use of the conference center for non -conference
events, such as community banquets and other functions that would likely compete with
existing hotel facilities. It was noted the Conference Center Oversight Committee will
meet with several investment bankers to develop a recommendation for structuring the
debt and creating a cash flow model for the project. In addition, the committee is
receiving additional information on the cost associated with adding parking to the
existing Lionshead parking structure. It was noted the Council will resume its discussion
on the conference center at its April 6 meeting.
•
The third item on the agenda was Resolution No. 11, Series of 2004, approving the
Lionshead Public Facilities Development Plan. Greg Moffet moved to approve
Resolution No. 11 adopting the Lionshead Public Facilities Development Plan, subject to
the finding in the staff memorandum. Kent Logan seconded the motion and the Council
voted 7-0 to approve. It was noted the purpose of the plan is to facilitate the
redevelopment of Lionshead by removing or curing covenants that may impede
redevelopment and to generate revenue to pay for public improvements with tax
increment financing.
The fourth item on the agenda was Resolution No. 12, Series of 2004, approving the P-
3 & J Reinvestment Plan. Greg Moffet moved and Kent Logan seconded to approve
Resolution No. 12 regarding the P-3 & J Reinvestment Plan, subject to the findings in
the staff memorandum. The Council voted 7-0 to approve the motion. It was noted the
purpose of the plan is to remove or cure only covenants that may impede redevelopment
of this property, which is located across from the Christiania where a parking structure
with a park on top is being planned by Vail Resorts.
The fifth item on the agenda was Resolution No. 13, Series of 2004, authorizing the
Town Manger to remove certain protective covenants within the Forest Place
Subdivision. Greg Moffet made a motion, Kent Logan seconded and the Council voted
7-0 to unanimously approve Resolution No. 13 giving Vail Resorts the go-ahead for a
new subdivision called Forest Place located on Forest Road. Certain protective
covenants exist on the site which prevent development of the property. It was noted that
these covenants will be modified by the mutual consent of the Town of Vail and Vail
Resorts Inc. Vail Resorts has already begun to remove ski operation facilities on the site
and would like to begin installation of infrastructure for the new subdivision within the
year. It was explained that this area is not part of the Lionshead Urban Renewal Area.
The sixth item on the agenda was Resolution 14, Series of 2004, authorizing the Town
Manger to modify certain protective covenants on 601 Forest Road on a parcel of land
owned by the Town of Vail. Diana Donovan moved to approve this Resolution No. 14,
authorizing the Town Manager to reestablish certain protective covenants that would
keep the property as wetlands and allow the town to take reasonable care of the site.
Farrow Hitt seconded the motion. The Council voted 5-2 to approve, with Moffet and
Ruotolo against. During an explanation of the resolution, Community Development
• Director Russell Forrest said the action will allow certain types of trails that do not
involve structures or boardwalks to be created on the site. The land is zoned Natural
Area Preservation and is already dedicated open space, he said. The changes in the
covenants had been requested by adjacent property owners. In voting against the
resolution, Councilman Greg Moffet said that while the additional protections would
benefit adjacent property owners, they would not be in the best interest of the public at
large
•
The seventh item on the agenda was the Council's pledge to Fly Vail
Summer/Continental Airlines. Following a clarification from airline consultant Kent
Myers, Greg Moffet moved and Farrow Hitt seconded to provide a letter stating the town
is highly confident it will support the Continental Airlines proposal with $10,000 subject to
appropriation mid -year (if revenues allow), to subsidize the additional air carriers flying in
and out of Eagle to the Houston area. The council agreed and voted 7-0 to approve.
Flights from Dallas by American Airlines have already been secured by Eagle County.
The eighth item on the agenda was an update on 1-70 mitigation measures. The Council
heard a presentation from Police Chief Dwight Henninger and Public Works Director
Greg Hall on efforts to mitigate the noise problems on 1-70 through Vail, including an
agreement with the Colorado Motor Carriers Association, the Colorado Department of
Transportation and the Town of Vail to work together on noise and speed monitoring,
education and traffic enforcement programs, and the pursuit of a noise mitigation
demonstration project. Diana raised several concerns regarding practicality of certain
aspects of the proposal. The Council voted 7-0 to direct the town manager to continue to
pursue the multiple actions and to reject second reading of Ordinance No. 28, Series of
2003, banning the use of engine brakes along 1-70 through Vail. This ordinance had
passed on first reading on December 2, 2003.
The ninth item on the agenda was appointments to boards and commissions.
In separate actions, the Town Council made the following board appointments:
Thomas DuBois was appointed to a two-year term on the Building and Fire Codes
Appeals Board (B&FCA) with Rich Seth as alternate. On the Planning and
Environmental Commission, Anne Fehlner-Gunion, Roland (Rollie) Kjesbo, George
Lamb and David Viele were appointed to two-year terms; while Bill Jewitt was appointed
to a one-year term. On the Design Review Board, Scott Proper, Margaret Garvey
Rogers and Joe Hanlon were appointed to two-year terms. On the Art In Public Places
(AIPP) Board, Barbie Christopher, Pamela Hopkins and William Rey were each
appointed to three-year terms.
The tenth item on the agenda was the Art in Public Places (AIPP) year-end review.
Leslie Fickling, AIPP coordinator, presented a year-end review to the Council, recapping
the various art projects commissioned in 2003 throughout the Town of Vail, including the
deer migration fence at Dowd Junction and the installation of artwork at Donovan and
Ellefson parks. The Council will be meeting with AIPP in April to discuss future art
projects.
The eleventh item on the agenda was the slurry seal street improvements project.
Greg Moffet moved, Dick Cleveland seconded, and Council voted 7-0 to award the
project to Intermountain Slurry Seal, Inc. of Utah. As explained, slurry seal is part of the
Town of Vail's on -going maintenance program, which helps to extend the life of asphalt
pavement, while also providing a new all-weather and skid resistant surface to Vail
• streets. All public streets in Intermountain and Matterhorn neighborhoods will be slurry
sealed. The project is scheduled to begin in mid -June and will be completed before the
Fourth of July holiday.
The twelfth item on the agenda was First Reading of Ordinance 8, Series 2004, an
Ordinance Amending Title 6, Chapter 3, "GENERAL OFFENSES," of The Municipal
Code of The Town of Vail; Providing for the Addition of "Article I. Violation of Restraining
Order". Greg Moffet moved to pass Ordinance No. 8. Kim Ruotolo seconded and the
Council voted 7-0 unanimously to approve the motion, on first reading. Currently, there is
no provision in the town's criminal code which addresses a violation of a restraining
order. Adding this violation to the town's police regulations, as requested by Municipal
Judge Buck Allen, will allow both the Police Department and the Municipal Court to more
effectively enforce the town code and deal with offenders who violate lawful orders of
this type.
The thirteenth item on the agenda was First Reading of Ordinance 9, Series 2004, an
Ordinance Amending Title 6, Chapter 3, Article A, of The Municipal code of The Town of
Vail; Providing for Certain Amendments to the Town of Vail Police Regulations Relating
to Offenses by or Against Public Officers and Government. Greg Moffet made a motion
to approve Ordinance 9 on first reading. Kim Ruotolo seconded the motion and the
Council voted 7-0 to unanimously approve. Currently, there is no provision in the town's
criminal code which addresses a violation of bail bond conditions. Adding this violation to
the town's police regulations, as requested by Municipal Judge Buck Allen, will allow
both the Police Department and the Municipal Court to more effectively enforce the town
• code and deal with offenders who fail to comply with conditions imposed upon them.
The fourteenth item on the agenda was Second Reading of Ordinance No. 28, Series of
2003, Prohibiting the Use of Dynamic Braking Devices on a Certain Section of Interstate
Highway 70 within the Town of Vail. In an earlier action, Greg Moffet moved, Kent
Logan seconded, and the Council voted 7-0 to reject second reading of this ordinance,
per its discussion of 1-70 mitigation issues.
The fifteenth item on the agenda was Second Reading of Ordinance No. 4, Amending
Title 6 of the Vail Town Code; exempting Areas of Stephens Park from Town of Vail
Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs.
Dick Cleveland moved to designate Stephens Park as a leash free park. Diana
Donovan seconded the motion and the Council unanimously approved Ordinance No. 4.
This follows a one-year trial period for unleashed dogs. In approving the ordinance,
Council requested increased enforcement of the park and surrounding area and
additional signage.
The sixteenth item on the agenda was Second Reading of Ordinance No. 5, Series
2004, an Ordinance Amending Title 4, Chapter 3, of the Municipal Code of the Town of
Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code. Dick
Cleveland moved, Diana Donovan seconded, and the Council unanimously approved
this ordinance on first reading. This amendment was requested by the town Finance
Department and will provide the Town of Vail finance director with more latitude in
implementing and enforcing the town's sales tax code in situations where a delay would
jeopardize collection of the taxes due.
•
• The seventeenth item on the agenda was the Town Manager's Report. During a review
of the written town manager's report, it was noted the Dobson Arena smoke mitigation
proposal will most likely be presented to the Design Review Board on April 7. Due to a
high cost estimate, staff was asked to re-examine all possible solutions to include an
additional exit on the north side of the arena.
February lift tax collections were announced.
It was also noted that February, normally one of the most impacted times for the town,
was an accident -free month for Town of Vail employees.
Following a discussion, the Vail Farmers' Market was given permission to set up in front
of the Austria Haus on Meadow Drive, thus redirecting the buses to the South Frontage
Road. The market was also allowed to set up on July Fourth, assuming there is no
change in the parade route, due to construction.
The Booth Creek prescribed burn is tentatively planned for this spring, weather and
conditions permitting.
As there was no further business, Greg Moffet moved to adjourn and Kim Ruotolo
seconded. A vote was taken and the motion passed unanimously, 7-0.
Respectfully submitted,
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ATTEST:
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`-Loretei Donaldson,
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Town Clerk
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Rod Slifer, Mayo