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HomeMy WebLinkAbout1984-12-04 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING DECEMBER 4, 1984 7:30 p.m. A regular meeting of the Vail Town Council was held on Tuesday, December 4, 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 OTHERS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Rodney Slifer opened the meeting by saying how very sorry we all are about Chuck Anderson's sudden death, but the best we can do is not dwell on it and to move ahead. He then read a resolution naming the Youth Recognition Awards the Chuck Anderson Youth Recognition Awards. A motion was made by Paul Johnston to accept the Resolution as read, which was seconded by Hermann Staufer. A vote was then taken and the motion passed unanimously. Rodney Slifer then went on to say that at Executive Session at this afternoon's meeting, a decision was made to fill Chuck Anderson's position immediately. From the five applicants for Rod Slifer's position, Dan Corcoran was selected to replace Chuck. Dan Corcoran then took the oath of office for councilperson given by Pam Brandmeyer. The remaining four applicants will be eligible for the seat being vacated by Rodney Slifer. Rodney Slifer went on to explain that a new type of council agenda is being used for the first time tonight and had Ron Phillips go on to explain further. Ron Phillips said that we are for the first time tonight using a consent agenda. We have taken items which we believe will be non -controversial and not subject to discussion and placed them on the agenda to be acted upon in one motion by the Council. If this is an item which either a member of the Council or audience desires to discuss, it can be requested that that item be removed from the Consent Agenda. The purpose of the Consent is Agenda is to allow for expediting the meeting, if possible, and to allow non -controversial things to be acted upon at one time. Rod Slifer said that this was a fairly common practice- in other councils and leaves more time for items needing more discussion. Ron Phillips then read the items in the Consent Agenda, as follows: 1984; a. Approval of Minutes of Meetings of November 13 and November 20, b. Ordinance No. 29, Series of 1984, Second Reading, 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 Fire- men and setting forth details in relation thereto. c. Ordinance No. 30, Series of 1984, Second Reading, an ordinance amending the plan document of the Town of Vail Employee Pension Plan and setting forth details in relation thereto. d. Ordinance No. 31, Series of 1984, Second Reading, 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 District (PUD) (the Hospital Property). e. Resolution No. 25, Series of 1984, a Resolution Proclaiming the Week of December 9-15, 1984 as Drunk Driving Awareness Week. 0 Vail Town Council Meeting Tuesday, December 4, 1984 Page 2 Rod Slifer asked if any member of the Council wanted to address any of these items individually. Kent Rose said item a, the minutes . Hermann Staufer then made a motion to accept items b, c, d, and e, which was seconded by Kent Rose. A vote was taken and the motion passed unanimously. Kent Rose then made the following comments regarding the November 13 minutes. On page 3, three-quarters down the second paragraph, where it says: "Kent Rose said that it is not a roof installation and therefore these regulations do not apply," it should read: "The applicant said it is not a roof installation and therefore should rules did not apply. Kent Rose said that due to the height of the pole and the installation, the rules should apply." A motion was made by Kent Rose to approve the minutes with the noted changes, which was seconded by Paul Johnston. A vote was then taken and the motion passed 6-0, with Dan Corcoran abstaining because he was not a member of the Council at the time of the meeting. • The next item on the agenda was the first reading of Ordinance No. 34, Series of 1984, an ordinance making supplemental appropriations from the Town of Vail General Fund, Open Space and Capital Improvements Fund, Vail Transportation Center Operating Fund, Dobson Ice Arena Construction Fund, Federal Revenue Sharing Fund, Recreation Amenities Fee Fund, Heavy Equipment Fund, and Debt Service Fund of the 1984 Budget and financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Bill Pyka said that at Work Session earlier in the day, he explained to the Council in some detail the supplemental appropriation ordinance and what the amounts were for. During the course of the year, a number of things have arisen, as usually do, that require some additions to be made to the appropriations ordinance. Items included in these additions were additional snow removal cost, mud slides, Ice Arena roof, Snowberry Drive, purchase of Pulis and VA parcels. Since there was no further discussion, a motion was made by Paul Johnston to adopt Ordinance No. 34 on first reading, which was seconded by Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously. Second reading of the ordinance will be on December 18, 1984. The next item on the agenda was the Second Reading of Ordinance No. 32, • Series of 1984, Annual Appropriations Ordinance; adopting a budget and financial plan and making appropriations 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 for the 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. Bill Pyka said that at the last regular meeting, a presentation was made on the budget and he would be happy to answer any questions at this time. There being no questions from either the Council or the audience, Dan Corcoran made a motion to approve Ordinance No. 32 on second reading, which was seconded by Colleen Kline. Hermann Staufer said he would vote against the ordinance because the mill levy did not need to be raised. A vote was taken and the motion passed 6 for and 1 against. The one vote against being Hermann Staufer. The next item was Ordinance No. 33, Series of 1984, Second Reading, an ordinance accepting certain improvements constructed and installed in and for Lionshead Improvement District, determining the total cost thereof, receiving and accepting the assessment roll, apportioning the cost thereof to be paid by special assessments as among affected properties within the District, assessing said cost as apportioned therein against each assessable lot or tract of land within the District specially benefited by said improvements, prescribing the method of paying and collecting said assessments, describing the lien securing payment thereof, making necessary findings with respect to the satisfaction of all conditions and requirements relating to the foregoing, and limiting actions challenging the proceedings. Vail Town Council Meeting Tuesday, December 4, 1984 Page 3 �J Larry Eskwith said that this is the second reading of the ordinance and also the public hearing. He has several witnesses. Anyone can protest if they have filed the necessary protest in a timely manner. There is one protestor, Mr. Will Miller of Montaneros. A second protest was filed, however, it was filed too late. The first witness called was Steve Patterson, the Town of Vail Building Official. He was sworn in by the Town Clerk. Larry Eskwith questioned Steve Patterson regarding his position with the Town and his involvement in the Lionshead Mall project. Mr. Patterson answered that his role was the owner's representative and the improvements on the mall were general surface improvements. The unique features of the mall are the fountain area and three .flagpole display areas. The final cost of the improvements is estimated to be about $2,566,000. The next witness was Bill Pyka, Finance Director of the Town of Vail. He has been employed by the Town for 10 years and 10 months. He was involved in setting the formula of the assessment. The assessment formula was reviewed with various representatives of Larry Smith & Co. This company does have experience in this sort of thing. They also worked on the Boulder Mall. The formula is based on three factors: Square footage, distance from the Mall, and the type of use -- commercial or residential. The assessment roll was prepared by representatives of Larry Smith & Co. by going down to the County Assessment records and obtaining current owners names and square footages. John Schwartz was the next witness. Mr. Schwartz confirmed that he was an MAI appraiser. He does primarily commercial properties. Has done at lest 50 residential and commercial appraisals in the Town of Vail. He is familiar with the Lionshead Improvement District and in his opinion the improvements greatly enhance the property values. The appearance and environment are more uniform and are more conducive to exposure, which will enhance retail sales on commercial units and have a positive effect on the condominium units. The fair market values will be increased. The one protestor, Will Miller, representing the Board of Directors and individual owners at Montaneros, spoke next. He said that they have no complaint of the quality of the improvements. They have a problem with the assessments as opposed to the surrounding properties. A Montaneros unit of 1,300 sf is being assessed approximately $2,000, while an adjacent building unit which is 27% smaller is being assessed only $790. This is a difference of 60%. Gail Wahrlich-Lowenthal questioned the nature of the square foot measurements. Bill Pyka said they were taken from • the closest point to the Mall to the center of the building. Larry Eskwith asked Bill Pyka to make general comments on the difference in assessments. Bill said that the distance from the Mall was taken into account. More heavily weighted features being those properties right on the Mall. After some more general discussion, a motion was made by Hermann Staufer to approve Ordinance No. 33 on Second Reading, which was seconded by Dan Corcoran. A vote was taken and the motion was approved unanimously. The next item on the agenda was a sign variance request for the Chevron Station at 934 South Frontage Road West. Tom Braun made the presentation on behalf of Staff. The signing has been out of compliance with the Sign Code for as long as the Town has had a Sign Code. The main sign is oversized and too high. in conversations with Chevron, their first question was what was allowable. After discussions, they proposed two things -- a variance and a modification. They would take down the pole -mounted sign and move the gasoline price sign. They have requested a variance to leave the decals on the pumps. DRB has recommended approval of the variance request. It was confirmed by a representative of Chevron that the pumps have to be branded by law. Rodney Slifer recommended that we approve the recommendations of the DRB and staff. Colleen Kline made a motion to approve the variance request, which was seconded by Hermann Stauffer. A vote was taken and the motion passed unanimously. The next item on the agenda was the discussion of the Environmental Assessment Report. Ron Phillips said that at the Regular Meeting held on November 20, 1984, the Environmental Assessment was reviewed by the Council. The Staff recommendation was read and comments were taken from the floor regarding the Environmental Assessment, relating to proposal of Western Land Exchange Co. on the land exchange. Vail Town Council Meeting Tuesday, December 4, 1984 Paqe 4 At that meeting it was decided that the decision would be postponed until this evening in order to give members of the Council the opportunity to review the Environmental Assessment in more depth. Also, numerous letters from property owners and residents of the Town of Vail protesting the land exchange were received. Staff has taken comments and put them in the form of a letter to Forest Service Supervisor, Richard Woodrow. That letter is now being considered for approval and adoption. We need to respond as quickly as possible to the Forest Service. Rodney Slifer went on to clarify the three alternatives in the Environmental Assessment. Ron Phillips said that the 2'-acre parcel near the Lodge was annexed to the Town sometime ago, but the Forest Services does not believe it to be a part of the Town of Vail. We seem to have a disagreement with the Forest Service not only on this point, but many others also. The zoning for the Lodge parcel is currently green belt/natural open space, and the Spraddle Creek parcel is agricultLre/open space. Rodney Slifer read the last page of the letter we are sending to Mr. Woodrow (copy attached). Gail Wahrlich-Lowenthal had some questions for the Forest Service, but there was no representative present this evening. Rod Slifer asked for a show of hands regarding the alternatives and there were many votes for Alternative B. Bill Hanlon said that Spraddle Creek would be a good place for a cemetery. Jay Peterson said that the Town would acquire the parcels at the same price as any individual. Rodney Slifer said that this exchange is strictly a Forest Service decision and there is no public input required. They can make any decision they wish. Ron Phillips said that this is one of the reasons the Town will be developing a master plan. Eric Affeldt, representing Action Vail, wants the Council to let it be known that the Town is opposed to any land exchange. Kent Rose then made the following motion: 1. By separate and specific document oppose the land exchange in its present form. 2. Forward Environmental Assessment comments, along with minutes and all public input to Forest Service. 3. Send policy statement to Forest Service, stating that we have no desire to have any additional parcels placed on the disposal lsit for private development. 4. We pursue the acquisition of all lands in Alternative B. The motion was seconded by Hermann Staufer. Rod Slifer said that part of the problem is that the Reagan adminis- tration had said that we should get rid of the public lands. Gail Wahrlich-Lowenthal said that she cannot support the motion. She does not believe that all Forest Service exchanges are bad and thinks the Lodge parcel does make sense. The Lodge would have to take a long road before there could be any improvements. In talking to people at the American Ski Classic, there is a lack of parking availability at the Lodge. We need to be more competitive with Beaver Creek. We need to address the fact that the Lodge at Vail is the only large facility'that can effectively compete with some of our down -valley competitors. The Town of Vail does not have a good master plan for Spraddle Creek. We have to master plan the Vail Associates parcel and this parcel together. For all these reasons, she cannot support Alternative B. A vote was taken to approve the motion, -which was approved by six members of the Council, with Gail Wahrlich-Lowenthal opposed. The next item on the agenda was the Heritage Cablevision rate increase. Larry Eskwith said that Heritage has notified its subscribers that they will be increasing their rate by 5%. They have not .obtained approval of the Town of.Vail, The increase is based -on a hew Federal bill which was recently enacted into law -- the Cable'Fxanchise Policy Communications Act of 1984. This Act reduces the power of munici- palities to control cable TV companies. There is some question as 0 Vail Town Council Meeting Tuesday, December 4, 1984 Paqe 5 to whether Heritage can increase their rate by 5% without permission from the Town of Vail. According to the new Act, cable companies can increase their rates by 5% every year for two years. We do have an ordinance that sets forth a specific rate, in which case the Town does have the power to approve or disapprove the rate increase. Counsel for Heritage disagrees withour opinion that we do have thea bility to approve the increase. Larry Eskwith went on to explain the franchise renewal process. Gene Larson, the General Manager of Heritage Cablevision, said that there is a lot of room for interpretation under the new Act. He believes that they can increase their basic subscription rates by 5% per year over the next two years. The current rate increase goes into effect on January 1, 1985. Colleen Kline said that when Heritage took over the franchise, there were many commitments made. There is some voice from the community that not all of these commitments were fulfilled. Bill Hanlon thought that the cable company would have to justify any increase to Council. He also wanted to know whether or not there was a fair rate of return on monies Heritage has invested in Vail.. Dave Gorscuh wanted to know how our rates compare to those. in Frisco, etc. Mr. Larson said they are a bit higher. Frank Caroselli said ._that the franchise was never put to the vote of the people. Hermann Staufer wanted to know why Heritage did not go through channels to get a price increase per the Consumer Price Index. Rodney Slifer wanted to know if Council wanted to accept the increase or go against it. Gail Wahrlich-Lowenthal said she would like a public hearing on Heritage's effectiveness. Dan Corcoran said that Heritage owes the Town of Vail a public hearing because the Town has unintentionally helped Heritage set.vp.a monopoly. A vote was taken and it was unanimously decided to hold a public hearing at the evening meeting on December 18, 1984. The next item of discussion was the cemetery site. Peter Patten said that he did some research into the files. There was some work done about six years ago by the Community Development staff regarding the location of a cemetery. We received a proposal in 1978 to locate a cemetery within the Town. Staff at that time evaluated six different sites. The proposal was eventually dropped because of the problems encountered in the Town's actual running of the proposed cemetery. Council would now like staff to pursue this and identify an appropriate site for it. The Spraddle Creek site has already been suggested. The next item of discussion was the proposed annexation agreement for the Vail Associates Spraddle Creek property. Ron Phillips said that this agreement has been in discussion for a number of months. It now simply addresses the fact that Vail Associates would like to annex this property to the Town of Vail and has in fact filed a petition for annexation. Ron Phillips then reviewed the agreement and said that this is the first step in annexing this property. Hermann Staufer made a motion to execute the agreement, which was seconded by Paul Johnston. A vote was taken and the motion passed unanimously. Rodney Slifer mentioned that this was the first meeting since the death of John Dobson and that he will be missed by everyone in Vail. The next item on the agenda was the Town Manager Report. Ron Phillips had the following items to report: I. Employees of the month for this month were two firemen, Cooter Overcash and Jim Spell. 2. The Town had a very successful Thanksgiving weekend. Business was up considerably. Vail Town Council Meeting Tuesday, December 4, 1984 Page 6 3. Scott Hamilton will be in Town for several ice shows on December 22, 1984 at the Ice Arena. There being no further business, the meeting adjourned at 10:05 p.m. Respectfully submitted, Ra ey �11; i, Mayor ATTEST: Pairiel_a:'A. Bxandmeyerl w Ton'Clerk 10`. C1