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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-