HomeMy WebLinkAbout1987-11-17 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
NOVEMBER 17, 1987
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, November 17, 1987,
at 7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Paul Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
Gail Wahrlich-Lowenthal
Gordon Pierce
John Slevin
Hermann Staufer
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a report by K.T. Gazunis of the Economic Development
Corporation on the economic development of the county. She stated the Corporation
was beginning its second year and Ron Phillips had been the Town of Vail's
representative and served as the Vice -President of the Board. She asked the Council
to reappoint him and noted the election for officers would take place in January,
1988. She reviewed several of the projects they were involved in and said she would
approach the Council again later in December regarding warehouse needs as Vail
grows.
The next item was a consent agenda for:
1. Ordinance No. 36, Series of 1987, second reading, requesting to amend
Section 18.04.200 of the Municipal Code concerning the definition of the term
"landscaping".
2. Ordinance No. 37, Series of 1987, second reading, requesting to apply
Hillside Residential zoning to a parcel of land referred to as the Ulbrich
property.
3. Ordinance No. 38, Series of 1987, second reading, requesting to apply
illside Residential zoning to a twenty acre parcel of land commonly referred to as
Ospraddle Creek.
Mayor Johnston read the titles in full. There was no discussion by Council or the
public. Gail Wahrlich-Lowenthal made a motion to approve the ordinances, and
Hermann Staufer seconded. A vote was taken and the motion passed unanimously 7-0.
The third order of business was a public hearing for the purpose of considering
increasing the Town's property tax for street improvements. Stan Berryman began by
explaining what the street improvements would be and gave background information.
Next Steve Barwick explained what the plan figures would be, what street improvement
districts average figures have been and how the new plan would be better. He also
explained how property taxes would change and why and reviewed pros and cons of the
new plan. He then answered questions from the audience. Al Weiss, Byron Brown
expressed their approval of the new plan. Moni Beal asked if the street would be
done better than before, to which Stan Berryman responded. Stan then answered more
questions from the audience. Charlie Crowley stated he like the idea, but had
concerns. Tom Jacobson stated his concerns and gave reasons why he would be against
any increase, to which Mayor Johnston responded. Tom Steinberg explained the
history of how the streets were built and maintained. He expressed his appreciation
of the work the Town crews had done, gave his concerns regarding the new plan and
stated an alternative plan. Dano Beal asked questions regarding what will happen in
fifteen years and what was the long term plan, to which Ron Phillips responded.
After more discussion, Mayor Johnston noted he had received a letter from Connie
Knight regarding her concerns of the tax increase. Jack Curtin, representing Mrs.
Cortlin Hill and others, asked questions regarding financial aspects of the new plan
and expressed their unhappiness over any increase, noting how the Core was different
from any other area of town. Stan Berryman responded as to where tax dollars have
l gone as far as street repairs. Mike Cacioppo aired his grievances to increasing
taxes. Dave Tyrrell and Gary Hall expressed their pleasure that the Town was taking
this under their control because they were against any street improvement districts.
At this time, Ron Phillips announced the municipal election results. He noted there
had been 967 ballots cast. The Congress Hall issue failed - 343 for, 624 against.
The Congress Hall financing issue failed - 267 for, 685 opposed. He then stated the
new Council members would be, in order of votes cast, Mery Lapin, Kent Rose, Tom
Steinberg and Gail Wahrlich-Lowenthal. The first three are appointed for a four
year term and the last for a two year term.
Colleen McCarthy, Don Beyers and Cindy Jacobson stated their problems with the new
plan and increase in taxes. After additional comments from the public, Steve
Barwick noted erroneous information from the county caused some figure changes.
The next item up for discussion was Ordinance No. 35, Series of 1987, second
reading, adopting a Town budget and making appropriations for fiscal year 1988. The
full title was read by Mayor Johnston. Steve Barwick stated if the mill levy was
increased, he had available an amended ordinance, too. The original ordinance had
no changes made from first reading. The amended ordinance had an increase to
$17,568,125 with an increase to 7.13 mills. Hermann Staufer requested to table the
increase. He then made a motion to approve the budget as stated, with a mill levy
of 5.25. Gail Wahrlich-Lowenthal seconded. Eric Affeldt, John Slevin and Kent Rose
commented on why they were very much in favor of the mill levy increase. Gail
Wahrlich-Lowenthal stated she wanted to give the new Council members a chance to
discuss the issue. A vote was taken and the motion failed 3-4, with John Slevin,
Kent Rose, Gordon Pierce and Eric Affeldt opposing. Eric Affeldt then made a motion
to approve the ordinance and to include the increase for the streets project, and
John Slevin seconded. At this time, Mike Cacioppo asked if Gordon Pierce still
lived in Vail, to which Gordon responded yes, he was'a resident of Vail. Colleen
McCarthy asked the Council to wait on action. A vote was then taken and the motion
failed 4-3, with Hermann Staufer, Paul Johnston and Gail Wahrlich-Lowenthal
opposing. Larry Eskwith stated the Town Charter required a 5-2 vote to increase a
tax. Next there was a motion to reconsider Ordinance 35 in its original form made
by Hermann Staufer, seconded by Gail Wahrlich-Lowenthal. There was no discussion.
A vote was taken and the motion passed unanimously 7-0. Then, after much
discussion, Hermann Staufer made a motion to approve the ordinance in its original
form, which Paul Johnston seconded. A vote was taken and the motion passed 4-3,
with John Slevin, Eric Affeldt and Kent Rose opposing.
The fifth order of business was Ordinance No. 39, Series of 1987, first reading,
Segarding business license fees. Mayor Johnston read the full title. Charlie Wick
ave background information on how the Marketing of Vail Committee came to be and
how they planned on raising money. He explained all the alternatives and how they
were rated, then gave pros and cons of a business license fee. He then noted a few
wording changes needed and answered questions from Council. After discussion with
Council, Charlie explained some pro and con items on the Marketing of Vail summary
sheet. Mike Cacioppo complimented Mayor Johnston on his futuristic thinking and
hard work through the years, to which Gail Wahrlich-Lowenthal agreed. Mike then
stated he thought the money raised by this ordinance would not be enough and wanted
to table the item until later. Dan Corcoran, a member of the Committee, gave
reasons why he thought it should have been passed with Council taking a good look at
it during the next year to make sure it was working. Diana Donovan questioned if
there was any provision made for donations. Charlie Crowley commented on his
problems with the ordinance, but suggested they try it for a year. Mike Shannon
stated there was not really an "equitable" way to do it, and agreed with the
suggestion to try it for a year. He stated it was not fair, but it was right, and
that something needed to be done. Kent Rose suggested to review it on a year to
year basis for a period of three years. David Kanally commented he wanted to
clarify this was not to cover VRA; that the work would be definitely bid out, and
that URA would bid. Mike Cacioppo agreed with Mike Shannon, but thought the
ordinance should be for only one year. Dan Corcoran stated that everyone agreed in
five different ways that it was a good beginning. Eric Affeldt then made a motion
to approve the ordinance on a three year sunset provision, with language added to
page 6, 5.05.010 stating a maximum of fifteen percent could go to whoever wins the
bid to cover their overhead expenses, plus corrections on page 3, and language
clarification noted by Charlie Wick earlier. Kent Rose seconded the motion. He
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also requested a preliminary list of who will be invited to bid on the project.
David Kanally commented that the fifteen percent cap may exclude some of the
competition. A vote was taken and the motion passed unanimously 7-0.
The next item was Ordinance No. 40, Series of 1987, first reading, regarding a
request to rezone the Garden of the Gods Club from public accommodation zoning to a
special development district. The full title was read by Mayor Johnston. Kristan
Pritz stated what changes would be made to the Garden of the Gods Club, the reasons
why a special development district was being requested, and why staff recommended
approval contingent upon three conditions:
1. The applicant shall provide written, legal documentation of the Garden of
the Gods' right to use the parking spaces on the east side of the Vail Valley Drive
on a parcel called P-2. Staff must have written documentation as well as an
attached map to scale showing the area of the P-2 parcel which is allocated to the
Garden of the Gods. This agreement must also be approved by the other members of
the P-2 Condominium Association. This document must be submitted and approved by
the staff before the project proceeds to second reading of the ordinance.
2. The applicant must submit a revised employee housing agreement with a
floor plan that clearly indicates the location, type of unit, and square footage of
the employee housing units. This information must be submitted and approved by the
owner and Town of Vail before second reading of the ordinance.
3. The applicant shall submit a written statement agreeing to restrict per
the Subdivision Rental Restriction, Section 17.26.075, 6 lock -off accommodation
units, 10 free-standing accommodation units and one dwelling unit as indicated on
the PFC plans. This written agreement shall be submitted and approved by staff
before the second reading of the SDD ordinance.
She noted changes in the language on page 3, Item 5 Density. She also stated the
PEC recommended approval 4-0, with one abstention. Jay Peterson, representing the
applicant, gave additional explanation as to what the applicant was trying to do and
the upgrades that would be made. After he answered questions from Council, Kent
Rose made a motion to approve the ordinance with the wording changes, and Gordon
Pierce seconded. A vote was taken and the motion passed 6-0, with Paul Johnston
abstaining.
The seventh order of business was the Amphitheatre lease agreement between the Town
of Vail and Vail Valley Foundation. Larry Eskwith stated that at the Work Session
earlier that day, some language had been changed and a paragraph 28 had been added.
John Slevin stated he would like a shorter lease period or develop a review system
for the lease term. Tom Steinberg stated his concerns about the term of the lease
and how one sided the agreement was. He suggested language change to have a way out
o matter if it costs the Town. Brad Quayle agreed that the Town was giving it away
nd they better be sure of what they're getting and they must have an escape valve.
During this time Hermann Staufer stepped out for a moment. John Slevin made a
motion to table the agreement until the next Evening Meeting, and Eric Affeldt
seconded. A vote was taken and the motion passed 6-0.
Under Citizen Participation, Mayor Paul Johnston stated he had enjoyed working will
everyone. Dan Corcoran commented he had enjoyed working with Paul and Hermann
Staufer, too.
Under the Town Manager's Report, Ron Phillips stated there would be an
organizational meeting of the Council at the next Work Session Tuesday, November 24,
2:00 p.m. He then stated it had been a real privilege working with Paul and Hermann
over the last few years, and congratulated Gail, Kent, Tom and Mery on their
election.
There being no further business, the meeting was adjourned at 10:55 p.m.
Respec submitted,
Paul o Rsto , Mayor
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ATTEST:
Pamela A. Brandmeyer, Tdwn Clerk
Minutes taken by Brenda Chesman
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