HomeMy WebLinkAbout1991-11-05 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
NOVEMBER 5, 1991
7:30 P,M.
A regular meeting of the Vail Town Council was held on Tuesday, November 5, 1991, at 7:30 P.M., in the Council
Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro -Tern
Robert Levine
Mery Lapin
Lynn Fritzlen
MEMBERS ABSENT: Peggy Osterfoss
Jim Gibson
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
. The first item on the agenda was a TOV Ten Year Employee Recognition presentation. Ron Phillips introduced Tom
Talbot, Fire Department Fire Technician, and presented him with his ten year service award. Tom was thanked for
his years of dedicated service to the Town of Vail, and congratulated by Dick Duran.
Second on the agenda was presentation of a donation by the Vail/Eagle Valley Rotary Club from their 1991 Tree
Planting Project at Timber Ridge/Post Office. Jeff Bowen first read a citation to Todd Oppenheimer in recognition of
his assistance on the project, and then presented a check for $4,792.66 to the Town of Vail. Todd thanked the Rotary
for their citizenship, stewardship, and a job well done.
Third on the agenda was Citizen Participation, of which there was none.
Item No. 4 on the agenda was a Consent Agenda consisting of six items. Before Mayor Rose read the titles, Mery
Lapin asked to have item B, Ordinance No. 34, Series of 1991, second reading, withdrawn from the Consent Agenda
for further discussion. Mayor Rose then read the titles of the five remaining items on the Consent Agenda in full:
A. Approval of Minutes of October 1 and October 15, 1991, evening meetings.
C. Ordinance No. 36, Series of 1991, second 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 Fails Association)
D. Ordinance No. 37, Series of 1991, second 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)
E. Ordinance No. 38, Series of 1991, second reading, an ordinance authorizing the sale of certain
property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority.
F. Ordinance No. 39, Series of 1991, second reading, 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 asked if there were any other items on the Consent Agenda anyone wanted withdrawn for discussion.
Peter Jamar asked that Rem C be withdrawn. Mery Lapin moved to approve the Consent Agenda consisting of items
A, D, E, and F, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously,
5-0.
Mayor Rose read in full the title of the first item withdrawn from the Consent Agenda, Ordinance No. 34, Series of
1991, second 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 lt for bid; and setting for the details in regard thereto. Mery Lapin expressed concern
• shared by Rob LeVine that $100,000 was too high. Both said they would support this ordinance at a $50,000 level.
Tom Steinberg asked how many of the last year's contracts had been between $50,000 and $100,000, but an answer
was unavailable. Rob LeVine moved to approve Ordinance No. 34 with the change from $100,000 to $50,000, with
a second coming from Mery Lapin. Before a final vote was taken, Mery noted he was concerned with the $100,000
figure because he felt the $50,000 would more likely ensure public notification of Town contracts over $50,000 open
for bid. Lynn Fritzlen added she felt $5,000 was a figure with which she would have been more comfortable. She felt
negotiated bids greater than $5,000 should require review by an elected body. A vote was then taken and the motion
passed unanimously, 5-0.
Withdrawn Item C of the Consent Agenda, Ordinance No. 36, Series of 1991, second reading, was discussed next.
Mayor Rose had previously read the title in full as part of the Consent Agenda. Peter Jamar had asked this ordinance
be withdrawn for further discussion in conjunction with Item No. 9 on the agenda, Resolution 21, Series of 1991,
regarding the setting of a fee in lieu of the dedication of land for school sites. Ron Reilly noted he was not aware of
the fee in lieu at first reading of Ordinance No. 36, Series of 1991. He asked for a determination as to whether the
fee in lieu would be applicable to his current project, Forest Glen (a/k/a Timber Falls). After discussion about the
history of this tax, Larry Eskwith summarized that the ordinance applies whenever there is a major subdivision. It
would not apply if an area had been previously subdivided and the fee had already been paid. He pointed out the
Forest Glen area has been zoned, but never subdivided. There was further discussion about the TOV's rationale for
adoption of the ordinance, which was at the request of the school board to come in line with what the County was
doing to require a fee in lieu of land dedication for the purchase of school land and construction of school buildings
In the future. Peter suggested Resolution No. 21, Series of 1991, be made more equitable so developers do not see
the fee as one more reason to go through the single family subdivision process. He felt the fee ought to apply across
the board and be geared more to the impact, as opposed to the method, by which someone chooses to divide their
property. After further discussion, Rob LeVine moved to approve Ordinance No. 36, with a second coming from Lynn
Fritzlen. Before a final vote was taken, Mery referred to discussion at a previous meeting about inclusion of a forest
access easement at Forest Glen. Being advised there was no public access to Forest Service land from public streets
at Forest Glen, Tom Steinberg asked for a ten foot easement strictly for access to the Forest Service land. Ron Reilly
questioned if there might be potential liability to him if he agreed to the easement. Tom said Ron could dedicate an
easement to the Town, and It would then be the Town's responsibility. Ron said he would consider this. A vote was
taken and the motion passed unanimously, 5-0,
Item No. 5 on the agenda was a discussion of issues regarding changes to Area A requirements of Special
Development District (SDD) No. 4 concerning the development plan for The Cascades, alk/a Millrace IV, a/k/a Cosgriff
Parcel; applicants East West Partners and Commercial Federal Bank. Mayor Rose pointed out the item was before
Council as an information/discussion item only, and Council was not taking any formal action on the item during this
meeting. Shelly Mello noted there were two parts to the discussion, the first being a review of current ownership and
potential development issues, and the second being an analysis of a development plan submitted for one of the
individual parcels. Shelly pointed out there are presently four different owners of the Cascade Village SDD, initially
owned by one entity, Vail Ventures. She said now the SDD is running into a multiple ownership situation, and the
different development plans on file will probably end up being reviewed independent of each other. She reviewed a
description of the request for a minor subdivision and major amendment to SDD No. 4 to approve a development plan
as detailed in the Community Development Department's memo to the Planning and Environmental Commission dated
October 28,1991, and the CDD's memo to Town Council dated November 5,1991. Kristan thanked Mark Smith, Jerry
Mulligan, and Nick Gwathmey for coming to help everyone examine and fully understand this issue. Shelly said there
were a number of concerns staff and the PEC had, and read conditions applicable to the staff's recommendation of
approval, referencing the previous CDD and PEG memos. There was additional brief discussion regarding GRFA.
This item will be before Council on November 19, 1991, as Ordinance No, 41, Series of 1991.
Item No. 6 on the agenda was Ordinance No. 43, Series of 1991, first reading, an ordinance amending Chapter 18.04,
Definitions of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, setting forth a definition for
plant products; by the addition of Section 18.04.289, setting forth a definition for "Seasonal Plant Product Business";
amending Section 18.30.030, Heavy Service District Conditional Uses of the Municipal Code of the Town of Vail by
the addition of Paragraph T, Seasonal Plant Product Business, and setting forth details in regard thereto. Mayor Rose
read the title in full. Jill Kammerer explained this ordinance was the result of a request by an individual to sell
Christmas trees in the Heavy Service Zone District. There are currently four Heavy Service Zone District within the
Town, with a gas station located in each. After determination that such sales would not create a problem in any of
these areas, Mery Lapin moved to approve Ordinance No. 43 on first reading, with a second coming from Rob LeVine.
Before a vote was taken, Tom Steinberg questioned why the ordinance listed the sale period as two consecutive sixty
day periods. Jill said Larry Eskwith was consulted about this, and he did not see why the sale period could not simply
be listed as 120 days. Jill said she would ask the Planning and Environmental Commission for clarification, and added
it was likely particular language regarding the time period called out in this ordinance might be changed for second
reading. A vote was taken and the motion passed unanimously, 5-0.
Item No. 7 on the agenda was Ordinance No. 42, Series of 1991, first reading, an ordinance authorizing the issuance
of Town of Vail, Colorado Sales Tax Revenue Bonds, Series 1991; providing the form, terms and conditions of the
bonds, the manner and terms of issuance, the manner of execution, the method of payment and the security therefore;
pledging a portion of the sales tax proceeds of the Town and the net revenues derived from the parking facility for the
payment of said bonds; providing certain covenants and other details and making other provisions concerning the
bonds and the designated sales tax revenues and net revenues; ratifying action previously taken and appertaining
thereto; and repealing all ordinances in conflict therewith. Mayor Rose read the title in full. Steve Barwick said the
purpose of issuing the bonds detailed in this ordinance was to defray the cost of the Town's 1992 capital projects.
He noted the security on these bonds is the first 2% of the Town's sales tax and the Town's net revenues from the
parking structures. The term of the bonds was twenty years, and they would probably be issued on December 30,
1991. The rates of be issue and the discounts for the underwriter were scheduled for discussion at the November 12,
1991, work session when Steve Jeffers would be present. After discussion about pre -payment provisions and the
schedule of principle and interest, Rob LeVine moved that Ordinance No. 42 be approved on first reading, with a
second coming from Mery Lapin. A vote was taken and the motion passed unanimously, 5-0.
Item No. 8 on the agenda was Ordinance No. 44, Series of 1991, first reading, an ordinance amending Ordinance No.
29, Series of 1989, relating to the Town of Vail, Colorado Sales Tax Revenue Bonds, Series of 1989, Mayor Rose
read the title in full. Steve Barwick said this ordinance was related to Ordinance No. 42, Series of 1991, in that the
Town could not meet the additional bonds test set up under the 1989 Sales Tax Revenue Bonds ordinance, which
authorized issuance of bonds for the parking structure. He added, that ordinance allowed for amendment it MBIA, the
bond insurer, gave written approval to do so, which MBIA has done. Ordinance No. 44 will amend the 1989 Sales Tax
Revenue Bonds in order to allow the Town to do the 1991 bonds on a parity with the 1989 bonds. Mery Lapin moved
that Ordinance No. 44 be approved on first reading, with a second coming from Tom Steinberg. Before a vote was
taken, Mery asked if there were any conditions put on MBIA in terms of when they can or cannot approve additional
bonds. Larry Eskwith did not believe so. A vote was then taken and the motion passed unanimously, 5-0.
Item No. 9 on the agenda was Resolution No. 21, Series of 1991, a resolution setting a fee in lieu of the dedication
of land for school sites as provided for in Ordinance No. 1, Series of 1991. Mayor Rose read the title in full, Larry
Eskwith explained when questions were raised by Ron Reilly and Peter Jamar about the fee in lieu, it was found the
details for the fee in lieu were not set at the same time the ordinance was set. Larry felt, although not required by the
ordinance, the details should be in writing for the record. The amount set is the same as set by Eagle County. Tom
Steinberg moved that Resolution No. 21 showing either a dedication of land based on number of units x .014495 for
single family (number of units x .002676 for mufti-famiiy), or $5,000.00 per acre if land is not dedicated, be approved
on first reading, with a second coming from Lynn Fritzlen. Before a final vote was taken, Lynn Fritzlen expressed
concern about the long term impact of down zoning. Mayor Rose asked if anyone, in this resolution, wanted to provide
consideration for down zoning. Larry felt the ordinance should be called back for amendment if that was to be
considered. A vote was then taken and the motion passed 4-1, Mery Lapin opposed. Mery expressed interest in going
back to the original ordinance and added if there is a down zoning, it not fall under this cash in lieu. Ron Phillips felt
wording should be corrected to clarify technicalities of condominium subdivisions vs. major subdivisions. Down zoning
was actually incentivized by the fee because the fewer units there are, the less the fee is. Larry Eskwith was directed
to pull out that ordinance for review and come back to Council with any suggestions for clarification. Peter Jamar
disagreed with the interpretation being presented, and there was additional discussion about how this related to the
subdivision process. Kent asked this be brought back for discussion at a work session for review.
Item No. 10 on the agenda was a review of the selected artist for the Art in Public Places (AIPP) Vail Transportation
Center Project. Shelly Mello said the AIPP jury met on October 25,1991, and selected Dan Dailey from three finalists
to develop the specific proposal for this project. Sample drawings and a model of the project were displayed, as well
as presentation of a slide show of some of Mr. Dailey's work to emphasize the range of his work, Shelly asked for
a motion to uphold or deny the AIPP jury's selection of Mr. Dailey, explaining Town guidelines requiring Council to
make such approval or denial as is done with all of the pieces of art AIPP approves. She added this request to Council
was for approval of the artist to develop a specific concept only. Kristan added the project was already presented to
Council during budget hearings. Tom Steinberg moved to uphold the jury's selection, with a second coming from Rob
LeVine. After discussion regarding the need to fund raise for additional monies for the project, explanations about
grant applications made, and assurance that public input was not being closed and the art selection process would
not discourage more art in public places, a vote was taken and the motion passed unanimously, 5-0.
Item No. 11 on the agenda was appointment of two Local Licensing Authority members. Four applicants, Linda Fried,
Douglas MacRae, Donna Meyer, and Steve Simonett had been interviewed at work session earlier in the day. Ballots
having been reviewed, Lynn Fritzlen moved to appoint Steve Simonett and Linda Fried to the Local Liquor Licensing
Authority, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0.
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There being no further business, Rob LeVine moved to adjourn the meeting Sessions at 9:50 p,m.
ATTEST:
C20� A.t�
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Dorianne S. Deto
C:WINS.115
Respeeffully submitted,
Kent R. Rose, Mayor