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HomeMy WebLinkAbout1990-01-02 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JANUARY 2, 1990 7:30 p.m. AGENDA 1. Resolution No. 68, Series of 1989, a resolution approving an Intergovernmental Agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining issues such as future public use and financing contingencies for the Berry Creek 5th Filing and the Miller Ranch; and setting forth details in regard thereto. 2. Consent Agenda A. Approval of Minutes of December 5 and 19, 1989 Meetings B. Appointment of Colleen McCarthy to the Local Liquor Authority Board 3. Action on Vail Metropolitan Recreation District Tennis Court Ground Lease 4. Action on the Michael Barber Contract for the Village Transportation Center Expansion 5. Appointment to the Planning and Environmental Commission CITIZEN PARTICIPATION 6. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JANUARY 2, 1990 7:30 p.m. REVISED AGENDA 1. Discussion of new litigation relating to the purchase of Berry Creek 5th Filing 2. Resolution No. 68, Series of 1989, a resolution approving an Intergovernmental Agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining issues such as future public use and financing contingencies for the Berry Creek 5th Filing and the Miller Ranch; and setting forth details in regard thereto. 3. Consent Agenda A. Approval of Minutes of December 5 and 19, 1989 Meetings B. Appointment of Colleen McCarthy to the Local Liquor Authority Board 4. Action on Vail Metropolitan Recreation District Tennis Court Ground Lease 5. Action on the Michael Barber Contract for the Village Transportation Center Expansion 6. Appointment to the Planning and Environmental Commission CITIZEN PARTICIPATION 7. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JANUARY 2, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. Resolution No. 68, Series of 1989, approving an intergovernmental agreement outlining issues such as future public use and financing contingencies for the Berry Creek 5th Filing and the Miller Ranch 7:50 2. Consent Agenda A. Approval of Minutes of December 5 and 19, 1989 Meetings B. Appointment of Colleen McCarthy to the Local Liquor Authority Board Background Rationale: Colleen's term is up, and she is the only applicant for the position. 8:00 3. Action on UMRD Tennis Court Ground Lease Larry Eskwith Action Requested of Council: Approve/deny the lease agreement. Background Rationale: The VMRD wishes to build a tennis complex on TOV property. They wish to use a lease purchase agreement to finance the project. The lender (lessor) is requiring a ground lease from the Town as security in the event UMRD defaults on their lease payments. 8:20 4. Action on the Michael Barber Contract for the Village Larry Eskwith Transportation Center Expansion Stan Berryman Action Requested of Council: Discuss the contract and ask questions as desired. Background Rationale: Staff has been negotiating with Michael Barber to execute a contract for architectural and engineering services to develop construction plans and specifications for the Village Parking Structure expansion and renovation. Construction management services are included in the contract. As of today, we have not received an updated copy of the contract. If we get it in time, we will distribute it to you before the meeting; if not, we will withdraw it from the agenda. 8:35 5. Appointment to the Planning and Environmental Commission Action Requested of Council: Appoint one member to the PEC. Background Rationale: Sid Schultz has resigned effective January 1, 1990. Sid's term continues until February 1991. 8:45 CITIZEN PARTICIPATION 9:00 6. Adjournment HOLY CROSS ELECTRIC ASSOCIATION PARCEL FACT SHEET ON POTENTIAL PURCHASE January 2, 1990 January 2, 1990 April 13, 1988 Appraised value $565,500 $565,500 Size 53,856 sq. ft. 53,856 sq. ft. Appraised value/square foot $10.50 $10.50 Proposed purchase price $565,500 $508,950 (90% of appraisal) Price/square foot $10.50 $9.45 Terms: Down payment 10% ($56,500) $75,000 Interest on balance 8-1/2% per annum 6% 'per annum ---------- $75,000 principal plus interest payable in one year 14 years amortized annual installments on balance of $508,950 $358,950 at 8-1/2% interest 6% interest $63,538.53/year $38,615.84/year 3:, ws ~ cep ~ •a•9d - BETTY FORD• CENTER ~° ', l'.~ AT ~~ EISENHOWER eoARDOFDIRECroRS FOR MORE INFORMATION: Mrs. Gerald Ford Julie A. Klein PRESIDENT Public Relations Counsel Leonard Firestone Hyatt Regency Beaver Creek VICE PRESIDENT 953 South Frontage Road Vail, Colorado 81657 Wallis Annenberg Bill Daniels• (303) 476-7801 Paul G. Jenkins Edwin Johnsen James Kemper Albert C. Mour F R IMMEDIATE RELEASE James W. West, M.D. Eugene Wiskowski BETTY F(~12T~ AWARD CRE ATED TO RECOGNIZE ~TREASURERISECRETARY John Schwarzlose TWO "UNSUNG HEROES" EXECUTIVE VICE PRESIDENT Gail N. Shultz, M.D. MEDICAL DIRECTOR Beaver Creek, Colorado ... The Betty Ford Center in Rancho Mirage, California, i n conjunction with the new Hyatt Regency Beaver Creek, in Beaver Creek, Colorado, announ ced today the creation of the Betty Ford Award. This award was created to recognize the ability of the human spirit to triumph over great odds and adversity and then translate that experience into helping others. The award will consist of two presentations, one to a Coloradoan, and the other to a national recipient. A contribution will be made to the charity of each recipient's choice. The awards will be presented by Mrs. Ford at the Hyatt Regency Beaver Creek's Grand Opening Dinner on Saturday, January 27, 1990.- The former First .Lady and President Gerald R. Ford own a home in Beaver Creek and reside about five months of each year in Colorado. All proceeds from the dinner will go to a special educational fund at the Betty Ford Center. The Center is a chemical dependency recovery hospital providing -more- EISENHOWER MEDICAL CENTER • 39000 Bob Hope Drive • Rancho Mirage, California 92270 • (619) 773-4100 California Toll Free • 800/392 7540 • Out of State • 800J854-9211 • FAX (619) 773-4141 Betty Ford Award, cont. Page 2 in-patient, out-patient, family and professional educational services. However, award recipients are not limited to persons involved in the substance abuse field. "It is gratifying to be involved with an award that will recognize a person's inner strength and selflessness in aiding others," commented Mrs. Ford, "There. are many unsung heroes in this country; they aren't commended enough for their humanitarian efforts, we are just making a small effort toward saying thank you." The selection committee for the Betty Ford Award will include Mrs. Ford; Leonard Firestone, former Ambassador ' to Belgium and vice president of the board of the Betty Ford Center; Susan Ford Bales, daughter of the Fords; Tom Pritzker, president Hyatt Corporation; Dottie Lamm, wife of former Colorado Governor Richard D. Lamm; Bill Daniels, owner of Daniels Communications and board member for the Betty Ford Center; Dolores Hope, chairman of the board of the Eisenhower Medical Center; entertainer Larry Gatlin; and Fred Green, a Vail developer. Nominations for the award should be submitted in writing, and include a detailed description of the nominees personal situation and the contributions made to others. Submissions can come from any individual or organization and should be sent to-Ann Cullen, P.Q. Box 927, Rancho Mirage, California, 92270. The deadline for submissions, is November 30, 1989. The evening of the awards .presentation will include a silent auction, and a special film presentation, highlighting the many contributions of Mrs. Ford. The legendary entertainer Paul Anka will close the evening's activities.. -30- 9/89 ^ THE BETTY FORD CENTER AND HYATT REGENCY BEAVER CREEK INVITE YOU TO AN EVENING OF GRAND CELEBRATION. JOIN US FOR THE GRAND OPENING OF BEAVER CREEK'S PREMIER HOTEL AND TO CELEBRATE A TRIUMPH OF THE HUMAN SPIRIT AS WE PROUDLY ANNOUNCE THE RECIPIL-NTS OF THE INE?,L`GURAL BETTY FORD AWARD. COCKTAILS AND SLLeNT AUCTION D[NNER AND DANCING .AND PERFORMANCE BY PAUL ANKH SATURDAY, JANUARY 27, 1990 H~YATT REGENCY BEAVER CREEK ^ 6LACK TIE RSVP COCKTAILS AT 6:30 P.M. DLNNER AT g:00 P,M. THE BETTY FORD CENTER ^ It has often been said that beside every strong man can be found a strong woman. Former President Gerald R. Ford and his wife Betty clearly fit this mold. Betty's strength has been present in her Fight against cancer, her recovery from. alcoholism and in all the work she carries out today. Her dedication to the recovery of others is the foundation behind the creation of the Betry Ford Award. The award was created to recognize the "unsung hero" within the American public. It will go to individuals who have overcome major obstacles in their lives, and are using their experiences to help others. Two presentations will be made; one to a Coloradoan and the other to a national recipient. The Betty Ford Center, which opened in 1982, is a chemical depen- dency recovery hospital providing inpatient, outpatient, family and professional educational services. The Center helps those suffering from alcoholism and drug addiction to reclaim their lives. Like Mrs. Ford, many of the graduates of the Betty Ford Center feel that reaching out to others is an important part of recovery. Name City State _. Zip Individual Dinner Ticket X250.00 Gold Sponsorship $~Soo.oo (table of eight) Silver Sponsorship $3500.00 (table of eight) Enclosed is my check for ~_ for _tickets payable to the Betty Ford Center, or charge to my: Vlsa, M~s[erCarc. American Express Card Number: Expiration Date: __.._ All donations are tax deductible to the extent provided by law. Please RSVP by Friday, January 5, 1990. ~.:,: r RESOLUTION N0. 68 Series of 1989 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, EAGLE COUNTY, AND THE TOWN OF VAIL, OUTLINING ISSUES SUCH AS FUTURE PUBLIC USE AND FINANCING CONTINGENCIES FOR THE BERRY CREEK 5TH FILING AND THE MILLER RANCH; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has purchased a parcel of real estate commonly known as the Berry Creek Ranch 5th Filing ("the property"); and WHEREAS, under certain conditions being met, it is the desire of the Town of Vail to sell the property to the County of Eagle, and it is the desire of the County of the County of Eagle to purchase the property from the Town; and WHEREAS, if certain conditions are not met, the County of Eagle will not be obligated to purchase the property from the Town of Vail, but under such circumstances the County of Eagle and the Town of Avon shall have the right to purchase shares in the property under the terms and conditions set forth in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. That the Intergovernmental Agreement attached hereto and made a part hereof by reference between the Town of Vail, the County of Eagle, and the Town of Avon is approved. 2. The Town Manager is authorized to take all steps necessary to execute the Intergovernmental Agreement. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND TOWN OF AVON AND TOWN OF VAIL THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of 19 by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a municipal corporation, by and through its Town Council; and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Council. RECITALS A. The Town of Vail intends to use its best efforts to purchase the parcel of land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more specifically described in Exhibit A attached hereto and by this reference made a part hereof ("Berry Creek parcel"). B. In addition, the Town may use its best efforts to purchase the parcel of land commonly referred to as the Miller Ranch located near Edwards, Colorado, and more specifically described in Exhibit B attached hereto and by this reference made a part hereof ("Miller parcel"). C. Should the Town obtain title to the Berry Creek parcel, the Town wishes to sell and the County wishes to purchase the Berry Creek parcel under the terms and conditions set forth in this Agreement. D. Should the Town obtain title to the Berry Creek parcel and the Miller parcel, the Town wishes to sell and the County wishes to purchase both the Berry Creek and the Miller parcels under the terms and conditions set forth in this Agreement. E. This Intergovernmental Agreement is authorized pursuant to Section 29-1-201, et seq., C.R.S. Now, therefore, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek parcel upon terms and conditions acceptable to the Town of Vail. 2. The Town of Vail may use its best efforts to acquire the Miller parcel upon terms and conditions acceptable to the Town of Vail. 3. The County shall hire bond counsel and a financial consultant to provide consultation to the parties relating to the financing of the Berry Creek and/or Miller parcels and shall hire a planner to give advice to the parties regarding the planning and development of either the Berry Creek parcel or the Berry Creek and Miller parcels for recreation and employee housing. 4. The Town of Vail shall hire the services of special real estate counsel to provide consultation to the parties regarding the acquisition of the Berry Creek parcel or the Berry Creek and Miller parcels. 5. The parties agree to equally share the costs of the consultants described in paragraphs 3 and 4 up to the following maximum amounts: Bond counsel and financial consultant - $15,000 Land use planner - $7,500 Real estate counsel - $15,000 6. The County shall hold an election in the spring of 1990 ("the election") to place the issue before the registered voters of Eagle County of whether or not to increase the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, and to develop either the Berry Creek parcel or the Berry Creek and Miller parcels for the purposes of employee/affordable housing and recreation. 7. The County, the Town of Avon, and the Town of Uail agree to cooperate in presenting and explaining the need and rationale for the purchase of the Berry Creek and Berry Creek and Miller parcels and for their future development as employee/affordable housing and recreation. 8. If at the election, the registered voters of Eagle County approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the property and develop the property for employee/affordable housing and recreational purposes, the County shall purchase the property from the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g., loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller parcels. 9. If at the election, the registered voters of Eagle County do not approve an increase in the County general fund mill levy in a sufficient amount for the County -2- to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop the property for employee/affordable housing and recreational purposes, then the County shall have no obligation to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, from the Town of Vail. However, the County and the Town of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, as follows: A. If either the County or the Town of Avon wish to purchase the property without contribution from or participation by the other, then the purchasing government shall be obligated to purchase a fifty percent (50%) interest in the property as a tenant-in-common. B. If both the County and the Town of Avon wish to purchase interests in the property, they shall be obligated to purchase a one-third (1/3) interest each as a tenant-in-common. C. The purchase price to the Town of Avon or the County shall be the appropriate percentage of all costs and expenses the Town of Vail has expended in the purchase, development, and maintenance of the property up to the date and time of purchase, including by way of illustration and not limitation, purchase price, development costs, all fees paid to design and planning consultants and special legal counsels subsequent to the election, costs of planning, designing, and constructing any improvements on the property, and all finance carrying costs (e.g., loan fees, debt service, etc.). D. If the Town of Avon or the County wish to purchase a share in the property as set forth in this paragraph, they shall do so within five (5) years of the date of the certification of the results of the election, and shall provide the Town of Vail with written notice expressing their intention to do so no later than sixty (60) days prior to the date of the closing of the purchase. Should the Town of Avon or the County fail to purchase any interest in the property within five (5) years of the date of the certification of the election results, the right to do so shall immediately terminate. 10. During any period of time the Town of Vail is the sole owner of the property, it may make all decisions regarding the property, including by illustration and not limitation, financing, maintenance, and development, which it in its sole discretion deems proper. 11. In the event the Berry Creek parcel is owned by more than one (1) government, each owner will appoint two (2) representatives to form a committee to manage and develop the property. No owner shall pledge, sign, or otherwise transfer -3- or convey its interest in the property without the expressed written consent of all the other owners. No owner shall have the right of partition unless otherwise mutually agreed to by all owners. No owner shall have the right to sign any petition for an annexation or an annexation election without the mutual consent of all the owners. The committee shall establish bylaws for the management and development of the property and shall have the right, if they deem it in the best interest of the owners, to take all steps necessary to establish a separate entity for the ownership, management, and development of the property. In the event the members of the committee fail to agree as to any question affecting the Berry Creek parcel, the question immediately be submitted for a joint determination by the governing bodies of all owners. 12. In the event the voters fail to approve an increase in the mill levy to purchase the Berry Creek parcel, the parties agree to share equally the following costs: A. A bond counsel fee as compensation for providing services directly related to the mill levy election in an amount not to exceed B. A financial advisor fee as compensation for providing advice directly related to the mill levy election in an amount not to exceed C. The costs of holding a mill levy election in an amount not to exceed If the registered voters of Eagle County approve an increase in the mill levy for the purchase and development of the Berry Creek parcel, then all consultation fees which have been set forth in this Agreement, including bond counsel a,nd financial consultants, planner, and real estate counsel fees are set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set forth in paragraph 12, as well as the cost of the holding of the election shall be paid from the proceeds of the mill levy increase. 13. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any rights to claim damages or to bring any lawsuit, action or other proceedings against either the Town of Vail, the Town of Avon, or the County because of any breach hereof or because of any terms, covenants, agreements, or conditions contained herein. 14. Except as specifically provided otherwise herein, no modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. -4- A 15. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County, the Town of Avon, or the Town of Vail, other than those contained herein. 16. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by any party without the prior written consent of the other respective parties hereto. 17. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 18. The Town of Avon, the Town of Vail, and the County each individually represent to each other that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of ATTEST: . 19 By: Clerk of the Board of County Commissioners ATTEST: By: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS P. 0. Box 850 Eagle, CO 81631 (303) 949-5257 TOWN OF VAIL, STATE OF COLORADO, By and Through Its Town Council By: By: Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor 75 S. Frontage Road West Vail, CO 81657 (303) 479-2100 ATTEST: TOWN OF AVON, STATE OF COLORADO, By and Through Its Town Council By: By: Patricia J. Doyle, Town Clerk Allan Nottingham, Mayor P. 0. Box 975 Avon, CO 81620 (303)-949-4280 -5- MINUTES VAIL TOWN COUNCIL MEETING DECEMBER 5, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 5, 1989, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Larry Eskwith was not present at the time the meeting began. The first order of business was a Ten Year Employment Anniversary Award to Charlie Davis. Ron Phillips gave background information on Charlie, a Heavy Equipment Operator II with the Town of Vail, and this was followed by comments from Pete Burnett. Charlie thanked everyone, and Kent Rose remarked the Council appreciated Charlie's hard work over the years. The second item of business on the agenda was approval of the November 7 and 21, 1989 meetings minutes. There was no discussion by Counci for the public. Tom Steinberg made a motion to approve the minutes as presented, which Merv Lapin seconded. A vote was taken and the motion passed unanimously 7-0, The next item was Ordinance No. 28, Series of 1989, second reading, amending Chapter 16.22 regulating signs in the Arterial Business District and Commercial Core III zone district. Mayor Rose read the full title of the ordinance. Mike Monica noted the wording in Section 4 had changed since first reading and explained the reasoning. Joe Macy agreed the new wording was fine. Mike then answered questions of Council. Merv Lapin made a motion to approve the ordinance, and Rob Levine seconded. A vote was taken and the motion passed unanimously 7-0. Mayor Rose commented that Larry Eskwith was not present yet, and since his input was needed on a couple of agenda items, the agenda items would be moved around until he does arrive. The fourth item was Ordinance No. 32, Series of 1989, first reading, regarding a supplemental appropriation to the Town budget. .The full title was read by Mayor Rose. Steve Barwick explained the supplemental appropriation was for $5,747,923, and reviewed what funds were affected and why. He then answered questions from Council. A motion to approve the ordinance on first reading was made by Merv Lapin, and seconded by Tom Steinberg. A vote was taken and .the motion passed unanimously 7-0. Council then proceeded with the appointment of two members to the Planning and Environmental Commission. Mike Cacioppo stated his opposition to the secret ballot vote, and read some paragraphs from the Charter. Mayor Rose responded with his interpretation. Connie Knight and Jim Shearer were chosen as the new PEC members. There was then some discussion regarding the proper procedure by Council to appointments for boards grid commissions. Robert Levine made a motion to appoint Connie and Jim to the PEC, which was seconded by Tom Steinberg. After more discussion, a vote was taken and the motion passed 5-2, with Merv Lapin and Lynn Fritzlen opposed. Merv and Lynn wanted to wait for a legal opinion from Larry Eskwith. Ordinance No. 31, Series of 1989, first reading, creating regulations for bed and breakfasts in the Town of Vail, was the next item to be discussed. The full title of the ordinance was read by the Mayor. Peter Patten gave chronological background information and reasoning for the ordinance; afterwards, he answered questions. At this time, Larry Esk.~ith arrived. Peggy Osterfoss commented "designated" parking spaces should be included somewhere in the ordinance. Peggy and Jim Gibson suggested adding the word "designated" to 17.6.1, "Off Street Parking." Discussion returned to Section 20, ending with Larry Eskwith's remark that staff would work on the language for second reading. Robert Levine questioned the date in Section 18, June 12, 1989; Peter Patten stated it was a typographical error, it should be 1990. Mike Cacioppo commented why he was opposed to the ordinance which he felt was overregulation. Peggy Osterfoss remarked the ordinance is the result of two years of work by the Planning and Environmental Commission and the Council, and with much compromise. She though the ordinance was good, with the minor changes in Sections 17 and 18. Jim Lamont agreed it was the result of a lot of hard work, the Council should move forward with it, and gave his thoughts on the ordinance and the progress made to date. He did request Council to ask staff to keep records over the next two years to build a statistical base for bed and breakfasts. He then made comments on areas he had suggestions for. Kathy Fagan questioned the business license fee for bed and breakfasts, which Robert Levine, Jim Gibson, and Larry Eskwith answered. After much discussion by Council, staff was directed to begin the amendment process for the business license fee ordinance to include bed and breakfasts as home occupancy businesses, once the ordinance has passed. Larry Eskwith then stated it was all-right to delete Section 20 for second reading; it was not needed. Tom Steinberg made a motion at this time to approve the ordinance with Sections 17 and 18 amended and Section 20 deleted. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimously 7-0. A sign variance request and an appeal of a Design Review Board decision for the Finishing Touch Furniture Showroom, located in the Inn at Vail, was the next item. Mike Mollica gave background information regarding the sign variance request for ten feet above the allowable height. He reviewed the findings and staff responses, and explained why staff recommended denial. Mike noted the Design Review Board, on November 29, 1989, voted 4-0 for denial of the design of the proposed awning and associated signage. It was clarified the Council was to decide on 1) the height variance of the sign, and 2) the awning and design of the sign. John Dunn, representing Jim Wilson of the Finishing Touch, gave some additional background information on the signage and awning design. He then proceeded with reasons why he felt the variance and appeal should both be approved. After some discussion by Council, Jim Wilson spoke on his own behalf requesting Council approval. Peggy Osterfoss made a motion to uphold the Design Review Board's recommendation, and to deny the height variance request based on the finding of no physical hardship, and incorporating the findings as noted in the staff memorandum dated November 21, 1989. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. Peggy Osterfoss then made a motion to uphold the Design Review Board decision with regard to the design of the awning and sign, that it called undue attention to itself, as noted in the staff memorandum dated November 21, 1989. The motion was seconded by Tom Steinberg. A vote was taken and the motion passed 6-1, with Jim Gibson opposing. John Dunn asked that the photographs and drawings he had presented to Council be made a part of the hearing, and they were marked as Exhibits 1 - 9. There was no Citizen Participation. Mayor Rose informed Larry Eskwith of the Planning and Environmental Commission appointments, and explained the questions raised concerning the secret ballot. Larry stated he believed the Council had acted correctly; as long as the decision is made by motion, it was legal, and the Council had acted pursuant to the Charter. James Johnson stated he appreciated copies of the minutes being available at the Library, and now was proposing the agendas go out earlier to the paper. He also suggested Councilmembers adopt a local for a day, and go through the day with them, to let the public get to know them. There was a short discussion regarding the suggestion. It was noted the Transportation and Parking Advisory Committee was inviting locals to its meetings. Lynn Fritzlen commented there were a lot of Council meetings held during regular working hours, and maybe this should be discussed in the future. Merv Lapin added maybe Council should look at raising Councilmembers' pay to help out. Robert Levine encouraged Council to look into some of the things James Johnson had recommended. Jim Gibson remarked he would like to hold Town meetings so the public could speak out on Town issues. Mike Cacioppo stated his irritation over agenda documents not being available before Council meetings. After much discussion by Council, it was decided no changes in the agenda distribution process would be made. -2- There being no further business, the meeting was adjourned at 10:25 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: F~amela A. Brandmeyer, Town Clerk P~inutes taken by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING DECEMBER 19, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 19, 1989, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Merv Lapin Peggy Osterfoss Robert Levine Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 31, Series of 1989, second reading, an ordinance amending sections of Chapter 18 of the Vail Municipal Code and repealing and re-enacting Section 18.58.310, Short Term Rental Accommodation Unit of the Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and to define bed and breakfast and setting forth details in regard thereto. Mayor Rose read the title in full. Peter Patten noted changes requested at first reading had been made and recommended approval of the ordinance with those changes. Kay Chaney asked questions of the Town staff regarding the distinction between short term rentals and bed and breakfasts and business license fees charged for each. She was referred to staff for discussion of this issue following passage of this ordinance in that her question related to business license fees, not the ordinance in question. Peggy Osterfoss moved to approve Ordinance No. 31 on second reading. Merv Lapin seconded that motion. A vote was taken and the motion passed unanimously 6-0. The second order of business was Ordinance No. 32, Series of 1989, second reading, an ordinance making supplemental appropriations from the Town of Vail general fund, Booth Creek local improvement district fund, Communities for Drug-Free Eagle Valley fund, special parking assessment fund, Vail marketing fund, Lionshead Mall assessment district fund, and the real estate transfer tax fund, of -the 1989 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Mayor Rose read the title in full. Questions were asked by Merv Lapin in regard to the increase in the Vail marketing fund to $37,707, and also in the amount designated for the Communities for Drug-Free Eagle Valley fund to $11,500. Charlie Wick responded. Following this, Merv Lapin moved to approve Ordinance No. 32 on second reading, with the changes as noted by Charlie Wick, and Tom Steinberg seconded that motion. A vote was taken and the motion passed unanimously 6-0. Item number three on the agenda was Resolution No. 63, Series of 1989, a resolution appointing a Municipal Court Judge for a term of two years. Merv Lapin moved to approve Resolution No. 63, Series of 1989, appointing Buck Allen as the Town of Vail Municipal Judge for a two year term, and Tom Steinberg seconded that motion. A vote was taken and the motion passed unanimously 6-0. Item four on the agenda was Resolution No. 64, Series of 1989, a resolution approving a contract for the purchase of Lot 1, Block 6, Vail Intermountain subdivision; and setting forth details in regard thereto. It was noted by Larry Eskwith and Ron Phillips that currently soil samples are being taken to determine whether chlorine will be found in the soil, and additionally, an inspection of the roof insulation was completed and it was found to be cellulose. However, Larry noted that a contract would not be signed until the outcome of the chlorine research was completed. At this point, Lynn Fritzlen moved to approve Resolution No. 64, and Merv Lapin seconded that motion. A vote was taken and the motion passed unanimously 6-0. The fifth item for consideration was Resolution No.~_65, Series of 1989, a resolution approving an assignment of a purchase contract for the purchase of Berry Creek 5th Filing; and setting forth details in regard thereto. After discussion, it was decided to call a special meeting according to Charter provisions to allow for the special meeting on Tuesday, December 26, 1989, at 3:00 p.m., this meeting to be-held in the Council Chambers of the Vail Municipal Building. In the notice to the public, the only items to be considered will have to do with the Berry Creek 5th Filing and the Miller Ranch. Larry was instructed to prepare a summary of the purchase contract in layman's terms and to have this available for the special meeting. Tom Steinberg moved to continue Resolution No. 65 to that special meeting on December 26, and Merv Lapin seconded this motion. A vote was taken and the motion passed unanimously 6-0. Item No. 6 on the agenda, action on a Vail Metropolitan Recreation District tennis court ground lease, was withdrawn to be heard at the first meeting in January, January 2, 1990. Under Citizen Participation, Ron Phillips mentioned that Sheika Gramshammer had requested. he speak to the Council on her behalf in support of a gala dinner that she will be sponsoring for Betty Ford. At the dinner, a Betty Ford award will be given and all proceeds from this dinner will go to the Betty Ford Center. A gold table, which is the table she is hoping the Town Council will sponsor, will cost $7,500. The Council requested that Sheika appear at one of their first meetings in January to discuss this event in detail. There being no further business, the meeting was adjourned at 8:35 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela Brandmeyer -2- tawo o(uai 75 south frontage road vail, Colorado 81657 (303) 479-2136 T0: THE VAIL TOWN~`O,U~N,CIL FROM: PAM BRANDMEY~:B~ DATE: 21DEC89 RE: APPOINTMENT TO LOCAL LICENSING AUTHORITY Colleen McCarthy is reapplying for a two-year appointment to the Local Licensing Authority for the Town of Vail, originally having been appointed in 1984 and serving 1~ years and resigning with the West Vail deannexation process in 1985 - and then being reappointed in January of 1988, at which time her portion of West Vail had been reannexed and a position became available. her attendance record is as follows: PRESENT ABSENT January-December 1988 13 5 January-December 1989 12 4 y - / G't/c. ~il~ _ GEC%%i{/ C.~ ~ _ ,' _ 1 / I~ ~~ ~~~ ~,vs,~~~ ~~~~~~~ ~~~ ~~Ctcc~c~ ~d-da•~9 ~~'~' G~ ~ %~ / ~ ,~-~~~% C 8/1 BANNER POLES IN THE VILLAGE AND LIONSHEAD (request: Slevin) 8/1 STREET ENTERTAINMENT 8/8 UTILITIES UNDERGROUNDING FOR ARTERIAL BUSINESS DISTRICT 8/8 WEST INTERMOUNTAIN ANNEXATION (request: Lapin) 8/15 VVCWD/TOV LAND CONTRACT 8/15 NO SMOKING ORDINANCE 9/5 CALL UP PROCEDURE FOR PEC AND DRB DECISIONS (request: Steinberg) 10/17 VVF FINANCIAL REPORT 11/7 SURVEY CREW BUDGET ITEM (request: Steinberg/Rose) WORK SESSION FOLLOW-UP TIONS FOLLOW-UP SOLUTIONS 12/29/89 Page 1 PETER: Arrange location and placement of permanent banner poles at any location other than Pepi's and in Lionshead. PAM: No more rack 'n roll. Perhaps no more jazz? KRISTAN: Provide costs to individuals to convert to underground. Provide firm number for TOU's portion by budget time. Inventory all above- ground wiring. LARRY: Proceeding w/legal requirements for annexation. RON: Contract in final stages of negotiation. LARRY/SUSAN: Organize study group to examine voluntary options. LARRY: Work out wording to disallow the call up procedure for PEC and DRB decisions to be allowed without consensus. RON: Request financial report from UVF. STAN/STEVE: Bring back survey crew issue before hiring. Ampersand has photo study for banner poles completed. Meeting with consultant scheduled for Jan. 11. Review meeting held September 20. Business survey mailed 12/19/89. Available at front desk, now through 1/20/90. Received letter from New Electric detailing costs for each property. Community Development will write letters to property owners for their response. Council will discuss when we have a response. Kristan is waiting for written response from AMOCO. Annexation map is being produced. Susan has completed research and submitted updated plats to Dan Corcoran. Discuss annexing Interstate. Larry communicating with Dan Corcoran. Larry and Jim Collins are working on contract. Kent Rose will meet with VVCWD Board on Dec. 21 to finalize all issues. Group to include Safeway and other retail outlets in their scrutiny. Draft ordinance for public places other than restaurants by Jan. 23. Resolution is being developed. Larry and Peter will have a solution by Jan. 12. Written. Audit is just being completed. Ron to recontact Lissa Macintosh. Second staff discussion held Dec. 21. Will be discussed with Council on Jan. 16. 11/14 SALES TAX FOR FUND RAISING STEVE/DANI: Bring back to Council for more Will be discussed Jan. 16. EVENTS FOR NON-PROFIT ENTITIES discussion. WORK SESSION FOLLOW-UP TOPIC ESTI 11/28 LIONSHEAD REZONING/PARKING (request: Lapin) 12/5 COUNCIL COMPENSATION 12/5 LOCALIZED TOWN MEETINGS (request: Gibson) 12/5 ADOPT-A-COUNCILMEMBER (request: James Johnson) 12/5 TIME PARAMETERS FOR COUNCIL MEETINGS (request: Rase) 12/5 TASK FORCE ON HOUSING (request: Gibson) 12/12 TOU HEALTH INSURANCE (request: Lapin) 12/12 CONFUSING STREET NAMES (request: Lapin) 12/12 SKIER SAFETY ACT (request: Rose) PETER/LARRY: Pursue rezoning to disallow use of parking structure in lieu of providing on-site parking (i.e., L'Ostello, formerly the Enzian). LARRY/RON: Explore possibilities far raising compensation of Councilmembers. RON: Time is opportune to call neighborhood, local- ized, limited agenda public meetings. OrchestratE same. COUNCIL: Organize 24-hour adoptee program with citizens in the TOU. LARRY: Define time procedure far conduct of meetings. RON/CHARLIE: Discuss county-wide task force. Develop formal charge and review possibility of TOU taking lead role. CHARLIE/CATHIE: Provide bid figures for single & married benefits/coverage to support Lincoln National's selection (detail on permanent dis- ability, short-term, life insurance, etc.) STAN/DICK/PETER/KEN: Although it is a complex and emotional process, should we consider renaming confusing streets? I.E., East/West Meadow Drive, etc. RON/LARRY/KEN: Contact both Buck Allen and Brian McCartney regarding implementing the SAA within TOU limits (outside of Forest Service areas) to enable violations to be handled in Municipal Court. 12/29/89 Page 2 OW-UP SOLUTIO After staff discussion, it was recommended this item be discussed in the zoning code rewrite. Report to Council by early Feb. To be discussed by Council at goal setting session on Jan. 30. Stevens Park neighborhood meeting held Dec. 14. Council will discuss in goal setting session Jan. 30. Larry is preparing to present to Council. Staff met with Rosall, Remmen & Cares. Presentation to Council on Jan. 2. Charlie will complete a detailed anaylsis with explanations Jan. 16. Will be discussed at Interdepartmental Jan. 3. A memo will be given to Council with staff's recommendations. Internal meeting will take place. Item will be discussed at a future Council Work Session. 12/12 EXPANSION OF FIRE PROTECTION RON/DICK: At what point does the TOU need to Research and analysis of requirements being developed. Will SERVICES (request: Lapin) consider its present fire protection system/ discuss recommended steps with Council Jan. 16. facilities and expansion of those? TOPIC 12/19 RICK SACKBAUER LETTER 12/19 2:00 A.M. BUSES WORK SESSION FOLLOW-UP QUESTIONS RON: Respond to his offer to VMRD of use of Golf Course Clubhouse parking lot and drop-off bus usage. STAN: If staff levels return to normal, attempt to schedule busing to allow alternative forms of transportation for late night workers. 12/29/89 Page 3 FOLLOW-UP SOLUTIONS Nordic Center signs have been ordered. Pat to discuss issue with Rick. We are currently 7 bus drivers down. We are unable at this time to discuss the issue. VAIL INFORMATION BOOTH VISITORS STATISTICS _ November, 1989 :lonth THIS Y GAK LionsHead Village Mall Total Visitors 332 +277 3480 +167 0 3812 +11~ Phone Ca11s 86 +4Z 1237 +25~ 0 1323 +23~ Total Contacts 418 +22~ 4717 +18~ 0 5135 +14~ LAST YEAR LionsHead Village Mall Total Visitors 261 2994 164 3419 phone Calls 83 992 1075 Total Contacts 344 3986 164 4494 Hours of Operation LionsHead Village Mall Total Mall was closed 1989 Thanksgiving Weekend due to staff shortage