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HomeMy WebLinkAbout1984-11-13 Town Council MinutesMINUTES VAIL TOWN COUNCIL SPECIAL MEETING NOVEMBER 13, 1984 __..� 7:30 p.m. A special meeting of the Vail Town Council was held on Tuesday, November 13, 1984, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal ABSENT: Chuck Anderson OTHERS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the approval of the Minutes of the meetings of October 16 and November 6, 1984. There were several corrections on .the Minutes . of the October 16 meeting: (1) On page 2, paragraph 3, line 2, the word funds was misspelled; (2) The first item on the agenda, the A&D Building, a motion was made by Colleen Kline and seconded by Paul Johnston. A motion was made by Hermann Staufer to accept the Minutes of October 16 and November 6 as corrected, which was seconded by Paul Johnston. Upon a vote, the motion passed unanimously The next item on the agenda was the budget presentation by Bill Pyka. He said that the Council has met four times in the past few weeks to review the 1985 budget. The 1985 budget has service levels similar to those provided in 1984. The increase over 1984 is 3 %. The funds come primarily from sales tax (45%). The construction revenue is budgeted up because of some large anticipated projects. Bill went on to explain some of the specific points of the budget. Debt service will be 28% of the budget. Chuck Anderson arrived at 7:50 p.m. Bill Pyka went on to say that the Town is in a. very healthy financial position. Rod Slifer said that the Council has had hearings with each individual department head and has reviewed the budget in great detail, Hermann Staufer wanted to know whether the mill levy would be set tonight, He had an objection to raising the mill levy. Bill said that the levy would be set at this meeting. Paul Johnston made a motion to approve Ordinance No. 32, Series of 1984, Annual �.. Appropriation Ordinance; Adopting a Budget and Financial Plan and Making Appro- priations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado, for its Fiscal Year January 1, 1985, through. December 31, 1985, and Providing forthe Levy, Assessment, and Collection of Town Ad Valorem Property Taxes Due for the 1984 Tax Year and Payable in the 1985 Fiscal Year; and Federal Revenue Sharing Programs.on first reading. The motion was seconded by Colleen Kline. A vote was taken and the motion passed 6 to 1, with Hermann Staufer opposed. Rod Slifer congratulated staff for presenting a better budget this year than in the past. Second reading will be December 4, 1984. The next item on the agenda was the first reading of Ordinance No. 29,.Series of 1984, an Ordinance Amending the Town's Police and Fire Pension Plan Document Subject to Approval by Sixty -Five Percent (65%) of the Town's Police and Firemen and Setting forth Details in Relation Thereto and Ordinance No. 30, Series of 1984, an Ordinance Amending the Plan Document of the Town. of Vail Employee Pension Plan and Setting Forth Details in Relation Thereto. Charlie Wick made a presentation regarding the amendments to the plans and explained the history of the plans. These two amendments are on the recommendation of the IRS. Gail Wahrlich-Lowenthal made a motion to approve Ordinance 29 on first reading, which was seconded by Paul Johnston and unanimously approved. Hermann Staufer made a motion to approve Ordinance No. 30 on first reading, which was seconded by Paul Johnston and unimously approved. Second reading will be December 4. The next item on the agenda was the first reading of Ordinance No. 31, Series of 1984, an Ordinance Rezoning a Parcel of Property described As Tracts E and F, Vail Village Second Filing, from Medium Density Multi -Family (MDMF) to Public Use (PUD) District (The Hospital Property). Tom Braun made the presentation on behalf of the Staff. He said that there has been an inconsistency with respect 2 Vail Town Council Meeting Tuesday, November 13, 1984 Page 2 to the zoning and the uses on the site. The site is presently zoned MDMF. Staff feels'.that the rezoning would provide.a-,more workable process for the review of any future expansion of the Medical Center. A motion was made by Kent Rose to approve Ordinance No. 31, Series of 1984, on first reading, which was seconded by Colleen Kline. A vote was taken and the motion passed unanimously. Second reading will be December 4, 1984. The next item on the agenda was Resolution No. 23, a supplemental resolution regarding the issuance of the Town's Sports Facilities Revenue Bonds (.Vail Associates Project). Ron Phillips explained that this Resolution determines. the principal amount, bond numbers, provisions for redemption and maturities of and rates of interests on the $17,000,000 Sports Facilities Revenue Bonds. Chuck Madison of Vail Associates said that the issue amount is $17,000,000, to be used to finance Vail Mountain improvements. The bonds will be marketed by Continental Illinois and the trustee will be Colorado National Bank. They will be floating rate bonds, with only one purchaser, Nuveen Tax Exempt Money Market, Inc. Jack Gardner said that there is one open item on page 6, which.is the initial Interest Rate Multiple. This fi.gure.should be.53%. Colleen Kline wanted • to know whether the Town Council would be receiving regular updates of expenditures. This was confirmed by Jack Gardner. The money must be spent within three years. Paul Johnston wanted to know if Vail Associates had ever considered moving the shop yards along the Frontage Road. Larry Lichliter said that .they would be happy to move, but they had no place to go. The Town Council members had been given a list of items on which the $17,000,000 would be spend, Hermann Staufer wanted to know whether the snow cats and heavy equipment could be paid out of the $17,000,000. Jack Gardner answered that anything on the list could be financed from the bonds issue. Paul Johnston wanted to know if the Town could protest any of the expenditures, and the answer was no. Kent Rose wanted to know if there is a list with priorities of projects. Larry Lichliter said they are currently in their master planning phase, which includes setting priorities. Rod Slifer wanted to know if there would be a problem removing the snow cats from the list, Harry Frampton answered by saying that he could not change that unless the issue size was changed. Larry Eskwith said that something could be substituted for the snow cats. Kent Rose questioned whether the Town could have any input on the priority list. Harry Frampton answered that they would welcome any input, He also said that the $17,000,000 figure was obtained by looking at how much debt Vail Assoc. could handle. A motion was made by Kent Rose to approve Resolution No. 23, Series of 1984, which was seconded by Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously. • The next item on the agenda was Resolution No. 24, Series. of 1984, a Resolution Supporting the Concept of.Hosti:ng the World Championships and Providing Financial Support. Paul Johnston read the Resolution and explained that the Vail Foundation is soliciting about 15% of their funds from public.entities. This Resolution will encourage public support. Hermann Staufer made a motion to approve Resolution No. 24, Series of 1984, whi.ch.was seconded by Paul Johnston. .A vote was then taken and the motion passed unanimously. The next item on the agenda was Resolution No, 22, Series of 1984, a Resolution Authorizing the Town Manager to enter into a Contract with the State Department of Highways for the construction of Forest Road Bridge,. Ron Phillips explained that this project has a total cost of $250,000,.of which. 80% would come from Federal aid funds. $50,000 is part of the Capital Improvement Budget which is part of the 1985 budget. There is a possibility that this bridge will be built in 1985. Gail Wahrlich-Lowenthal made a motion to approve Resolution No. 22, which was seconded by Kent Rose. A vote was then taken and the motion passed unanimously. The next item on the agenda was an appeal of a ORB decision denying the Meadow Creek Condominiums lighting plan. K.ristan Pritz made the presentation on behalf of Staff. On October 17, the DRB denied the Meadow Creek Condominiums lighting • plan based on the proposal's non-compliance with Section 18.54.050 11C which states: "Exterior lighting shall be designed and located in a manner to minimize impact of lighting upon living areas within a proposed project and upon adjacent structures and properties." This proposal created undue glare on adjacent properties. The proposal is to place 18 lights on the project located on Lupine Street. The light is on a pole about 8' high. Tom Whitehead, representing P Vail Town Council Meeting Tuesday, November 13, 1984 Page 3 Meadow Creek Condominium Association spoke next. He said that the proposed lights are similar to lights at many other projects in the area. They have been trying to upgrade the project for the past 5-6 years. As part of this upgrading they are trying to install the street lights. Last June they had a Board meeting and decided to get a lighting plan for the project. There are no lights anywhere in the area. They feel that the safety and security of the residents would be helped and the driveways also need some lighting. They have spent $18,000 in the last 18 months in upgrading the project. The Town of Vail Public Works Department was consulted when the ownership question of the berm came up. At that time a decision was made that they should go through DRB. During the DRB meeting, comments were made that they had done a great job. A concern was brought.up, however, that there might be a glare to motorists. The original fixture had to be replaced to reduce the glare. The extra cost involved in this made them decide to go with the original proposal. The glare exists less than 2' from the center of the lightbulb. They feel the reason they were denied is not that they do not comply, since there are too.many other projects with the same lights Tom Whitehead feels that this kind of decision should be made at a much lower.level. Kristan Pri.tz said that it went to DRB because some of the lights were on Town property-. Chuck Anderson said that he thought the Condo Association was trying to do a good job and apologized for the problems they -had encountered. Gail Wahrlich-Lowenthal made a motion to reverse the DRB decision, allowing the 1.1ghting proposal. Kent Rose seconded the motion. A vote was then taken and the motion passed unanimously. The next item on the agenda was an appeal of the DRB decision to deny an application for a satellite antenna dish at 5089 Gore Circle, Vail. Last Tuesday, at the Town Council meeting, presentations from applicant and staff were heard regarding the project. The matter had been tabled to give Council members the opportunity to visit the site. Tom Braun made the presentation, stating the criteria of the DRB guidelines. Terry Quinn, the attorneyrepresenting the applicant, wanted to know if anyone had not visited the site. Chuck Anderson said he had not. Larry Eskwith said that the only thing we are dealing with here is the DRB guidelines -- is the satellite dish screened from view. Hermann Staufer wanted to know whether, there is the possibility of a smaller dish. Richard Irwin of Universal TVR said that to receive efficiently, the smallest antenna would be an 8' antenna. It has also been said the the owner is -willing to color the dish similar to his residence. The dish comes in white, but can be colored. However, this would cause a problem in the winter when the surroundings are white. Mr. Kittay, the applicant, said that he spoke to the neighbors within view of his house. Kent Rose said that.he spoke to one of the neighbors and he said he was not aware that a dish was being installed. Kent Rose wanted to know if Mr. Kittay had contacted the Hendersons or the Husseys.. Mr. Kittay replied that he had not. John Donovan, a member of the audience, said the Council is addressing the wrong problem. They should not be put anywhere in the Town. Larry Eskwith said that we cannot prohibit them in the Town, but they must be substantially screened from view. Whether or not we can prohibit them completely is not the question here. Richard Matthews, a member of the DRB, said that the rules say that it has to be adequately screened, and an 8z' dish on a 19' pole cannot be screened. Rod Slifer said there are a lot of trees and it is totally screened from the south. The concern is that you can see it from certain directions. Kent Rose said that du& to the height of- the pole and the installation, the rules should apply. He also wanted to know if it could be something other than solid. Mr. Kittay said that.a mesh dish holds snow and freezes. The solid aluminum version is maintenance -free. Paul Johnston asked Terry Quinn if he had said at the.last meeting that all the neighbors had been contacted by Mr. Kittay. Mr. Kittay then lost his temper and said, among other things, that this was really none of anybody's business. Colleen Kline then made a motion to reverse the DRB decision on grounds that on this particular site applicant has substantially screened the dish from general view. Hermann Staufer seconded this motion. Chuck Anderson said that he would abstain because he had not made a site visit. A vote was then taken and the motion passed 4-2, with Rodney Slifer and Paul Johnston opposing and Chuck Anderson abstaining. The next item on the agenda was Citizen Participation. John Donovan wanted to know what the Town is going to do about satellite dishes, Rodney Slifer said that perhaps we need a. new ordinance to be more specific about the kind of screening needed. Larry Eskwith said that Phoenix has an ordinance saying that the dish has to be screened from view, cannot be on a side or front yard. He said he'd do more research on that. Rodney Slifer said that the ordinance ignores dishes that are built as part of a structure. Diana Donovan said that it was never Vail Town Council Meeting Tuesday, November 13, 1984 Page 4 h U envisioned that a dish would be on a pole. The next item on the agenda was the Town Manager report. Ron Phillips said that the Ice Arena Roof is now 99% completed. Also, there will be a meeting on Saturday with representatives of the Federal Emergency Management Agency on the second appeal to have Eagle County declared a disaster area. We are providing additional information to them this week and hope to have an answer within a 2-week period. The third item was that the Town has hired three additional police officers, bringing us up to full staff on patrol. The last item of the Town Manager's report was that starting today, meetings will be held with all Town of Vail employees explaining the new compensation plan. These meetings will be held during the next 6-8 days. 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