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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 -2- 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 -3- ATTEST: Pamela A. Brandmeyer, Tdwn Clerk Minutes taken by Brenda Chesman 8 -4-