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Home My WebLink About1991-08-20 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING AUGUST 20, 1991 7:30 P.M. . A regular meeting of the Vail Town Council was held on Tuesday, August 20, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Robert Levine Jim Gibson Peggy Osterfoss Mery Lapin MEMBERS ABSENT: Lynn Fritzlen TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was a Consent Agenda consisting of one item: (A) Ordinance No. 23, Series of 1991, second reading, an ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.030; providing for the issuance of temporary permits for the issuance of alcoholic beverages under certain circumstances; and providing details in regard thereto. Mayor Rose read the title in full. Jim Gibson moved to approve the Consent Agenda, with the second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 26, Series of 1991, first reading, an emergency ordinance approving a lease/purchase agreement with Alameda National Bank for the acquisition of equipment for the Town of Vail, Colorado. Mayor Rose read the title in full. Reasons fox presenting this ordinance to Council as an emergency ordinance were given by Steve Barwick and Larry Eskwith as follows: (1) The lease has already been approved by Council and the cost was included in the 1991 budget, but the bond attorney requested this be done by ordinance, (2) The ordinance is needed now to close the deal in time to avoid having to renegotiate the terms, (3) The interest rate available now is far better than what we • could achieve if the closing would have to be put off for another two to three weeks, (4) the need for the buses is immediate, and (5) the auditors now want to see full revenue coming in and full expense reports. After a brief discussion including notation that this particular lease will be a two (2) year lease at 6%, Mery Lapin moved to approve Ordinance No. 26 as an emergency ordinance, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 4 was Ordinance No. 27, Series of 1991, first reading, an ordinance amending Section 18.58.020(C) - Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations, regarding enforcement of covenants restricting fence heights and details with regard thereto. Mayor Rose read the title in full. Jill Kammerer explained the issue was to delete language within a section of the code that relates to the Town enforcing private covenants and restrictions as the Town does not enforce covenants and restrictions to which the Town is not a party. Tom Steinberg moved to approve Ordinance No. 27 on first reading, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 6-0. Item No. 5 was Ordinance No. 28, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 45, Series of 1990, to provide changes to Area D requirements that concern the phasing plan for site improvements for Area D; and setting forth details in regard thereto. Mayor Rose read the title in full. Shelly Mello noted in December, 1990, a major amendment to SDD#4 was approved. Details regarding the background of this issue are fully detailed in the CDD's memo dated 8/9/91 to the PEC, which also indicates the applicant is now requesting this amendment in order to allow the originally proposed expansion to proceed while being relieved of the utility undergrounding requirement. At the time of the amendment, the applicants, Glen Lyon • Office Building (GLOB) would have been responsible for $15,000 of the expense to underground the utilities. Holy Cross Electric had committed to the remainder of the expense of $210,000 based on the proposed development for the project which included the Brewery, but that part of the project has been delayed and Holy Cross Electric is now unable to meet their original commitment. As a result, the applicants would now be required to pay $35,000 in order to underground the lines, an expense they are unable to meet. The applicants had now come back for another amendment so they would not be required to pay that amount to underground the utilities. After discussion which established this ordinance does not involve Holy Cross Electric and their original commitment toward the project, but is between SDD#4 and the Town of Vail only, Peggy Osterfoss moved to approve Ordinance No. 28 as presented with conditions directing Staff to begin negotiations with Holy Cross Electric and other property owners in the area to resolve the undergrounding of utilities as soon as, possible, that Staffs negotiations with Holy Cross and/or the other property owners involved include working out fair allocation of the costs, and that the 1.6% of the proposed cost of undergrounding the utilities on GLOB property be held as cash by the Town of Vail. Mery Lapin seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 was Resolution No. 16, Series of 1991, a resolution 16 authorizing the Town Council of the Town of Vail, Colorado, to evaluate all its options in an effort to protect the public interest of the Town in the continuation of the Vail ski area and its effective and proficient management. Mayor Rose read the title in full. Mery Lapin moved to approve Resolution No. 16, with a second coming from Tom Steinberg. Before a final vote was taken, Douglas M. Tisdale, General Bankruptcy Counsel for Gillett Holdings, Inc., spoke on behalf of Gillett Holdings to state. He noted they welcome the opportunity to expand on any dialogue between GHI and the Town of Vail. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 on the agenda was Resolution No. 17, Series of 1991, a resolution authorizing the Town Manager or his agent to enter into negotiations for a contract to construct municipal offices within "the old post office building". Mayor Rose read the title in full. Larry Eskwith explained that passage of this resolution would allow the Town to enter into negotiations for a construction contract that would not go out through the public bid process. The primary purpose of proceeding in this manner is to avoid additional expenses of approximately $9,000 in working drawings which would be required to go out with bid documents and other requirements of the bid process. Jim Gibson moved to approve Resolution No. 17 with the stipulation that advertising is done first in • all three (3) local papers for a reasonable enough period of time so all interested contractors would have an opportunity to respond to it. Tom Steinberg second the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 8 on the agenda was Resolution No. 18, Series of 1991, a resolution authorizing the Town Manager or his agent to enter into negotiations for a contract to construct an irrigation connection at the Vail Transportation Center. Mayor Rose read the title in full. Peggy Osterfoss moved to approve Resolution No. 18 requesting contractors will be contacted within a reasonable enough period of time so all interested contractors would have an opportunity to respond, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 6- 0. Item No. 9 on the agenda was a call up of the DRB decision approving a modified landscape plan for the Gasthof Gramshammer. (Applicant: Sheika Gramshammer) Andrew Knudtsen asked Council to table this item. Rob LeVine moved to table this call up for not more than thirty (30) days from the date of call-up, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 6-0. Item No. 10 on the agenda was a call up of the DRB approval of McDonald's repaint of their roof beams from off-white to yellow. (Applicant: Hugh Schmidt) Andrew Knudtsen advised that the beams on the roof at McDonald's had been painted yellow without a DRB application having been submitted. Staff contacted Mr. Schmidt, and requested he submit a DRB application, which he did after the fact. DRB approved the color change. Mr. Schmidt spoke briefly, stating he has the roof beams painted annually. He proposed to Council it be left as it is now and it will be repainted off-white again next Spring. Kent pointed out that precedent problems could arise from a situation of this nature. Mery Lapin moved to deny the DRB approval of McDonald"s repaint of their roof beams from off-white to yellow, and the applicant may have until December 1, 1991, to return the beams to the originally approved color. Tom Steinberg seconded the motion. A vote was taken and the motion passed 5-1, Rob Levine opposed. There being no further business; Mayor Rose moved to adjourn the meeting at 8:40 P.M. Respectfully submitted, \X�J�� t��Y-cl� Kent R. Rose, ATTEST: �d ��A,ud�mtt cam Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto 0 C:\MINS.820