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.
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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
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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
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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
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