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HomeMy WebLinkAbout1991-10-15 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING OCTOBER 15, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 15, 1991, at 7.30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: TOWN OFFICIALS PRESENT Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Robert Levine Jim Gibson Peggy Osterfoss Mery Lapin Lynn Fritzlen Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the TOV Ten Year Employee Recognition presentation. Tom Sheely, TOV Police Department Staff Sergeant, was • introduced by Ken Hughey. Ron Phillips introduced Bill Lowe, TOV vehicle maintenance worker, and presented him with his ten year award. Both employees were thanked for their years of dedicated service to the Town of Vail. Second on the agenda was Citizen Participation. Joe Staufer thanked the current Council and, noting upcoming election time, wished them each the best of luck in future endeavors. Item No. 3 on the agenda was a Consent Agenda consisting of three items: A. Ordinance No. 32, Series of 1991, second reading, an ordinance amending Ordinance No. 10, Series of 1991, to provide typographical and wording corrections for SDD #22; and setting forth details in regard thereto. B. Ordinance No. 33, Series of 1991, second reading, an ordinance repealing and reenacting SDD #2 in its entirety. C. Ordinance No. 35, Series of 1991, second reading, an ordinance amending Section 18.04.360, Site Coverage of the Municipal Code of the Town of Vail and setting forth details in regard thereto. • Mayor Rose read all titles in full. Tom Steinberg moved to approve all items on the Consent Agenda, with a second coming from Jim Gibson. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 on the agenda was Ordinance No. 34, Series of 1991, first reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract for the construction of a public improvement with a value of not more than $100,000 may be negotiated by the Town Manager without submitting it for bid; and setting forth details in regard thereto. Mayor Rose read the title in full. Larry Eskwith explained this ordinance only pertains to situations where Town staff wished to enter into a negotiated contract without having to go out to bid first. Jim Gibson moved to approve Ordinance No. 34 on first reading, with a second coming from Tom Steinberg. Before a final vote was taken, Rob Levine asked how the $100,000 figure was established. Larry advised he had discussed this with Greg Hall and Gary Murrain and, based on their experience, they felt $100,000 was an appropriate level. They felt contracts under $100,000 were low enough not to warrant the added protection of a resolution, and further offered substantial savings. Ron Phillips added not all projects under $100,000 would be negotiated; this ordinance simply gives the Town Manager the option to negotiate contracts under $100,000. He noted there were only two or three such contracts this year. Council was not comfortable with the 10 $100,000 figure. Lynn Fritzlen said she felt there would be too much liability involved. Mery Lapin then asked for the definition of "contract." Larry stated there was no definition of "contract" in the Code. Mery expressed concern about locals claiming they did not have an opportunity to bid on projects, and inquired about projects which might require several contracts due to multiple aspects of such projects, i.e. bricklaying, cement work, plumbing, etc. A vote was then taken and the motion passed 4-3 with direction to add the definition of "contract" to the ordinance; Rob Levine, Lynn Fritzlen, and Mery Lapin opposed. Item No. 5 was Ordinance No. 36, Series of 1991, first reading, an ordinance providing for the establishment of Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto (Applicant: Timber Falls Association). Mayor Rose read the title in full. Mike Mollica reviewed the Community Development Department memo to the Planning and Environmental Commission dated September 23, 1991, detailing the description of the request for a major subdivision preliminary plan and a Special Development District for an unplatted 7.5 acre parcel generally located west of Nugget Lane and south of Gore Creek. After discussion, Mike was advised to add language to the ordinance to clarify that the caretaker unit GRFA comes out of the already established maximum allowable GRFA, and that the caretaker unit is different than employee housing. Further, all restrictions would have to be in agreement form which Larry Eskwith would need to draft. Peter Jamar, representing Timber Falls, pointed out the significant down zoning of this project. Mr. Jamar agreed to caretaker units voluntarily. Mery • asked if there was any objection to an easement to the stream. The applicant was willing to work with that. Tom Steinberg inquired about public access to the forest through an access easement and suggested a 10' buffer on the back side of Lots 8 - 11 be dedicated to the Town. Lynn Fritzlen moved to approve Ordinance No. 36 with the clarifications discussed, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. After the vote, Peggy Osterfoss commented that one down side to down zoning was the lack of maximum affordable units left available. Item No. 6 was Ordinance No. 37, Series of 1991, first reading, an ordinance amending Section 18.32.030 of the.Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use in the agricultural and open space zone district (Applicant: Vail Valley Consolidated Water District.) Mayor Rose read the title in full and then stepped down due to personal involvement. Mike Mollica reviewed the Community Development Department memo to the PEC dated October 14, 1991. There was brief discussion about a back-up well arrangement and need for assurance that the well would not be used in tandem with other wells. Lynn Fritzlen moved to approve Ordinance No. 37 as presented, with a second coming from Mery Lapin. A vote was taken and the motion passed 6-0-0, Kent Rose abstaining. • Item No. 7 was Ordinance No. 38, Series of 1991, first reading, an ordinance authorizing the sale of certain property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. Mayor Rose read the title in full. It was clarified that the ordinance includes parcels A and B. Jim Gibson moved to approve Ordinance No. 38, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 7-0. Item No. 8 was Ordinance No. 39, Series of 1991, first reading, an annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year ending January 1, 1992 through December 31, 1992, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991 tax year and payable in the 1992 fiscal year. Mayor Rose read the title in full. Discussion followed involving requests for clarification of the special events budget, the Council contingency fund, and concern with the increase in employee medical costs which the Town has to pick up. Rob Levine said he disagreed with staff cuts made, i.e. the Assistant Town Manager position, and the shelving of the proposed Police Department expansion. Tom Steinberg was also concerned about the Police Department, stating he felt our liability in this area was high. He felt an outside analyst would advise us to move on this as soon as possible. Mery Lapin then moved to approve Ordinance 39 with an additional allocation of $2,500 to the Library for the Adventure Series and salaries,, with a second coming from Jim Gibson. A vote was taken and the motion passed 6-1, Rob LeVine opposed. Item No. 9 was the appointment of election judges for the November 19, 1991, Regular Municipal Election. Rob LeVine moved to appoint Kay Cheney, Karen Morter, Vi Brown, Joan Carnie, and Lee Bennett as judges for the election, with a second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 7--0. Prior to adjournment, discussion was initiated by Mery Lapin regarding the Council compensation issue. He stated he felt uncomfortable voting on his own proposed increased compensation. He suggested conditions for voting on this issue include that anyone presently sitting on Council would not be eligible for an increase, and that council members have the option to not have to collect compensation, giving to charity or not collecting at all. Kent said the process was already in the Charter. Ron Phillips said an ordinance could be done which would be more restrictive. Jim Gibson did not feel the proposed increase was significant enough to entice people to run and did not think it could be raised significantly enough without tearing up the budget. He was opposed to the increase altogether. The meeting was adjourned at 9:40 p.m. L� ATTEST: Pamela A. Bran Byer, Town Clerk Minutes taken by Dorianne S. Deto • 0 C:\MIMS10.15 Respectfully submitted, —1<� Kent R. Rose, Mayor