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
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- BETTY FORD• CENTER
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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..
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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.
~.:,:
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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
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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.
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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
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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