HomeMy WebLinkAbout1990-01-02 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
JANUARY 2, 1990
7:30 P-M.
regular meeting of the Vail Town Council was held on Tuesday, January 2, 1990, at
30 p.m,, in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Jim Gibson
Mery Lapin
Robert LeVine
Peggy Osterfoss
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The meeting began with a Consent Agenda for the following items:
• A. Approval of Minutes of December 5 and 19, 1989 Meetings
B. Appointment of Colleen McCarthy to the Local Liquor Authority Board
There was no discussion by Council or the public. Mery Lapin made a motion to
approve the Consent Agenda, which Tom Steinberg seconded. A vote was taken and the
motion passed unanimously 7-0.
The next item was discussion of new litigation relating to the purchase of Berry
Creek 5th Filing. Larry Eskwith stated that today the Town had been served with a
summons and complaint by Al Weiss challenging Ordinance No. 33 passed at the special
meeting Friday, December 29, 1989. He noted the complaint stated the emergency
ordinance was improper and should have been an ordinary ordinance with two
readings. Larry commented this filing would make it impossible for bond counsel to
give an opinion to FirstBank of Vail regarding the enforceability of the loan, and
that before they could do anything the Town would have to win the lawsuit. Mayor
Rose remarked the Council still felt it was a reasonable project and proper for them
to support, so the only possibility of proceeding was by using Town of Vail cash
fund balances to purchase the property instead of borrowing the money. Ron Phillips
commented staff had done an extensive cash flow analysis today, and with cash on
hand and with two investment instruments sold, the Town could go forward and close
on the purchase this coming Friday. He stated the two investments sold would be
sold at a premium, and the other cash was on hand. He added using this money would
leave $166,000 on hand, and the Town had another $230,000 invested that could be
sold if necessary. He stated staff felt comfortable with this and recommended
Council to proceed. Ron noted after the court hears the suit, if the court makes
the decision in the Town's favor, the Town would be able to go ahead (after time for
an appeal) and exercise a short-term loan. There was some discussion by Council.
Larry told Council if they wanted to move forward, they would need to pass a motion,
and he would return to them with any problems. Jim Gibson made a motion to proceed
with the closing with cash on hand, and giving the Mayor and/or Town Manager the
power to take the necessary steps to make the purchase. The motion was seconded by
Rob LeVine. There was no other discussion by Council or the public. A vote was
taken and the motion passed unanimously 7-0.
The third item was Resolution No. 68, Series of 1989, approving an intergovernmental
agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining
issues such as future public use and financing contingencies for the Berry Creek 5th
Filing and the Miller Ranch. Larry Eskwith stated the agreement had been sent to
the County and the Town of Avon last Thursday. He reviewed the few changes the
County had requested be added. Council also asked for a minor change. It was noted
the resolution number and year date be changed to Resolution No. 1, Series of 1990.
Mery Lapin made a motion to approve the resolution as amended by the County and with
the amendments suggested by Council. Tom Steinberg seconded the motion. James
Johnson questioned what were all the possible uses of the property, to which Larry
responded. Peggy Osterfoss noted this was a step forward in working with other
governments in Eagle County, and this is good protection for Town of Vail citizens.
A vote was taken and the motion passed unanimously 7-0.
The next item was action on Vail Metropolitan Recreation District tennis court
• ground lease. Larry Eskwith stated the VMRD was in the process of constructing a
tennis court complex, and before the lendor would enter into an agreement with VMRD,
he had to have an agreement with the Town of Vail because the Town owns the land.
He then explained details of the agreement. There was no discussion. Tom Steinberg
made a motion to approve the ground lease as presented, which Peggy Osterfoss
seconded. Lynn Fritzlen stated she would have to abstain from voting as he firm was
acting as a consultant for the tennis facility. A vote was taken and the motion
passed 6-0, with Lynn Fritzlen abstaining.
The fifth order of business was action on the Michael Barber contract for the
Village Transportation Center expansion. Larry Eskwith remarked this item would
have to be postponed until a future date. He stated the changes to the contract had
been faxed to him late that afternoon, and he had not had time to review them. He
stated the type of professional liability insurance required by law for this type of
project was $500,000. He felt there should be more. Larry noted Michael Barber
would be willing to obtain more as long as the Town would foot the bill. Larry
stated the best possible insurance was project insurance, which would protect the
entire project. It is a claims made policy. The only problem was that it would
cost quite a bit more because it would protect the Town and the architect. He
stated if the Council was interested at all, he could discuss it with them at a
later date, after he had done some research on it. After some discussion by
. Council, they directed Larry to check into this type of insurance coverage for the
next Council meeting.
An appointment to the Planning and Environmental Commission was the next item.
There was one opening and three applicants - Ludwig Kurz, Dalton Williams, and Erik
Steinberg. Tom Steinberg stepped away from the table and abstained from voting. A
secret ballot vote was taken and Dalton Williams was chosen. At this time, Mery
Lapin made a motion to appoint Dalton Williams to fill Sid Schultz's position on the
PEC for approximately one year and two months, which Rob Levine seconded. A vote
was taken and the motion passed 6-0, with Tom Steinberg abstaining.
At this time, Peter Patten announced Jim Viele would be resigning February 1, when
his term ended. Peter stated that ads would be placed, and he would notify Erik and
Ludwig of the opening.
Mayor Rose stated there were items not addressed at the Work Session that afternoon
which Council would like to cover now.
The Design Review Board report was next. Mike Mollica quickly reviewed the DRB's
unanimous approval of the Finishing Touch sign. Kristan Pritz reviewed items on the
Design Review Board agenda.
There was then discussion of the Vail Village Master Plan. Peter Patten noted the
Council had received page inserts of the Council's Vail Village Master Plan which
would make the document exactly what the Planning and Environmental Commission had
approved. He asked Councilmembers to bring in their Master Plan documents so
Community Development could add the inserts. He then answered questions of
Council. After much discussion by Council, Ron Phillips explained in general terms
what the Master Plan was for and would do. Diana Donovan agreed. Jim Gibson
suggested if it was to be used as a guideline, then to change all "shalls" to "mays"
and eliminate all referrals to "incentives." Peggy Osterfoss added the document
really was an attempt to provide a guideline. It was decided to hold more
discussion on this item at a Work Session Tuesday, January 9, 2:00 p.m. Ron
Phillips reminded Council the Work Session January 16 would begin at 12:00 noon,
beginning with Employee Housing. Peter stated he would try to have as many PEC
members as possible at the Work Session January 9 to discuss the Master Plan with
Council. There was some discussion regarding a possible Lionshead Master Plan.
Mayor Rose announced he would be holding another Mayor's Breakfast, possibly
Wednesday, February 7, in the West Vail neighborhood.
Mayor Rose stated there had been discussion today at the Work Session regarding
• contributing funds to the Betty Ford dinner. The cost would be $7,500 for a gold
table, and $3,500 for a silver table. He stated the Town of Avon would participate
for half of a $3,500 table, so now the Town was considering a $1,750 contribution.
He added if the public was interested in attending, it would cost them $350 a seat.
-2-
Lynn Fritzlen felt the Mayor should go to represent the Town of Vail. Jim Gibson
suggested if they wanted to keep it simple, why not make a one time donation instead
of setting a precedent of paying for a table and being expected to go each year.
Rob Levine disagreed, that it was not just for the cash, but the Town needed
representation there, and felt the Mayor and Mayor Pro Tem and wives should attend.
• Ron Phillips noted the Council should really think about this, because the Council
was elected to represent the Town of Vail, and he felt only Councilmembers and
guests should go. He added the Town of Avon was sending its Mayor and one
Councilmember and spouses. Rob LeVine made a motion to dedicate $1,750 for half of
a silver table, shared with the Town of Avon, to represent the Town of Vail in
support of the Fords and all they have done. Tom Steinberg seconded the motion.
Peggy Osterfoss recommended this be seen as a one time request. A vote was taken
and the motion passed unanimously 7-0.
There was no Citizen Participation.
Ron Phillips commented that Council had received handouts today regarding Kristan
Pritz becoming the Acting Community Development Director after Peter leaves. He
stated the Town would be advertising for the opening, and hopefully would have a
decision by late March.
There being no further business, the meeting was adjourned at 9:25 p.m.
•
ATTEST:
Ciamea A. Bran meyer, Town Clerk
Minutes taken by Brenda Chesman
0
Respectfully submitted,
Kent ose, Mayor
-3-