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HomeMy WebLinkAbout1991-07-02 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING JULY 2, 1991 7:30 P.M. 4DA regular meeting of the Vail Town Council was held on Tuesday, July 2, 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 Lynn Fritzlen Robert LeVine Peggy Osterfoss Jim Gibson Peggy Osterfoss Mery Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Pamela A. Brandmeyer, Town Clerk Larry Eskwith, Town Attorney Ken Hughey, Assistant Town Manager The first item on the agenda was Citizen Participation. Eleven -year -old Danielle D'Anci, resident of Vantage Point in Lionshead, explained the lemonade stand she had been operating with her brother on Sunday, June 30, 1991, was shut down by Town of Vail police, who advised they needed a vendor's license. Danielle asked that consideration be given to making it possible for them to sell lemonade one day each summer without their having to buy a license, as they could not afford the $100.00 vendor's fee. Mayor Rose told Ms. D'Anci he thought her request was legitimate, and that the Town of Vail could probably make an exception in such cases. Ron Phillips said staff would research the issue and advise. The second item on the agenda was Ordinance No. 21, Series of 1991 (formerly Ordinance No. 42, Series of 1990), second reading, an ordinance repealing and reenacting Chapter 8.28 of the Municipal Code of the Town of Vail to expand, strengthen, and clarify code provisions relating to air pollution control. Mayor Rose read the title in full. Susan Scanlan explained the ordinance had been renumbered. Susan read the changes made to clarify the language which had caused confusion at first reading. In response to the question of why some individuals/businesses are exempt from a $30.00 annual fee to cover the cost of TOV inspections to assure that conversions back to wood burning fireplaces did not occur after conversions to cleaner burning units had been made, Ron Phillips pointed out that some individuals/businesses have an existing or grandfathered right. And, even though some have chosen to convert to gas log fireplaces, they still do have the right to convert back if they should desire. Presently, anybody who wants to build a new unit does not have any right except to put in gas log units with "A" class vents, and they do not have a right to convert. After considerable additional discussion of many of the same complex issues involved with this ordinance that had been discussed on first reading, Rob LeVine moved to table Ordinance No. 21, for additional clarification work by Community Development. The reworked ordinance is to be brought back to Council as quickly as possible. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Third on the agenda was Ordinance No. 20, Series of 1991, first reading, and ordinance repealing and reenacting Section 16.20.220 of the Vail Municipal Code relating to window signs. Mayor Rose read the title in full. Betsy Rosolack said that the ordinance proposed to correct a discrepancy in the TOV sign code discovered when the Town was trying to enforce the sign code. This would be a "housekeeping" ordinance to match the definition and location of signs in the code. Mery moved to approve Ordinance No. 20, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 on the agenda was Ordinance, No. 19, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 14, Series of 1987 and Ordinance No. 24, Series of 1989; to provide for the amendment of the approved development plan for SDD No. 6; adopting a revised development plan for a new phase IV -A of SDD No 6; and setting forth details in regard thereto. (Vail Village Inn, located at 100 East Meadow Drive/Lot 0, Block 5-D, Vail Village First Filing). Mayor Rose by r read the title in full. Lynn Fritzlen excused herself from this issue since her husband is the architect on the project. Mike Mollica reviewed in full the memorandum dated 6/2/91 from the Community Development Department regarding this project, making particular note of criteria used in evaluation of the project including a description of the request from Josef Staufer, owner and developer of the Vail Village Inn, for an amendment to SDD No. 6, background and history of the project, zoning considerations, SDD criteria, and Staff recommendations. Mike noted there is no phasing plan; applicant proposes to do the project all in one shot. He said that staff recommended approval. PEC had reviewed the plan at a Work Session and at a public hearing and unanimously recommended approval, 4-0. PEC agreed with staff conditions 1, 2, 5, 6, 7 in CDD memorandum dated 6/2/91, but did not feel that conditions 3 and 4 were appropriate as conditions, recommending only that applicant take responsibility for these items as a natural part of his project. Further, regarding CDD's condition 8, Mike reported that PEC felt that allowance for employee housing unit off -site would be acceptable. Following discussions primarily regarding maximizing the parking, the landscaping and sidewalk issues, and employee housing, applicant Josef Staufer and Council got involved in a review of the provision that the applicant was responsible for paying $75,000.00 to the Town of Vail for the expense of moving the ski museum. Discussion of a payment plan ensued. Mike Mollica had notes from a 3/12/91 meeting regarding this topic which he read aloud. The collective agreement at that time was that TOV would receive $27,000.00 initially to cover demolition of the ski museum building and the balance of the $75,000.00 would be paid at the final phase IV or in the year 2005, whichever came first; the matter of paying interest on this money had not been resolved at that meeting. At this point, Mery Lapin noted that Council consensus seemed to be that they wanted Joe to pay the $75,000.00; the matter being over what period of time and if interest would be involved. Mery Lapin then moved that Ordinance No. 19, be approved on first reading with the following changes to 6/24/91 memorandum to PEC from CDD; that item 3 be deleted, that item 4 be deleted, that an easement along Vail Road for an adequate sidewalk be integrated (motion giving CDD direction to come up with definition for "adequate"), that Council further direct CDD to maximize parking in the area which is presently the parking for the Food and Deli; that under Item G on page 14 the paragraph be changed to indicate that $75,000.00 be paid down now and the balance of the $75,000.00 be paid by l/1/05 or at completion of Phase IV, whichever occurs first; that item 8 be deleted and replaced by an additional 500 square feet GRFA for a permanently restricted employee housing unit to be completed. at the same time as Phase IV -A; and that a directive be issued to Larry Eskwith to review in detail Ordinance No. 14, Series of 1987, against Ordinance No. 19, Series of 1991, to make certain no issues are in conflict or unresolved. Peggy Osterfoss seconded this motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 5 on the agenda was consideration of the monitoring of the GHI bankruptcy proceedings. Larry Eskwith introduced Chuck Borgman from the law firm of Kutak Rock & Campbell. Staff had suggested that Council hire • an attorney in Denver to monitor the GHI bankruptcy proceedings in order to keep the Town aware of anything that might detrimentally impact the Town. Mr. Borgman advised that, in order to fill this engagement, his firm would enter an appearance of record in the bankruptcy proceedings as counsel for TOV, which would allow his firm to automatically receive notice of all pleadings filed, motions, notices of hearings, etc. After contacting Larry and describing the nature of upcoming hearings and reasoning for any concern, it would ultimately be Larry's decision as to whether the TOV wanted to engage them to attend said hearings. Time permitting, Larry would discuss with Council, otherwise he would have to make a judgement call. Price structure for. Kutak based on a senior associate level lawyer experienced in bankruptcy proceedings following proceedings and highlighting for Borgman only areas of interest to TOV. Cost: $480.00 - $1,440.00 per month plus out-of-pocket expenses; Termination of Kutak's services at any time. Larry would be advised in advance of their actual required level of involvement. The source of funding would be from the Council Contingency fund. Mery Lapin moved to direct Larry Eskwith to enter into an agreement based on the 7/l/91 letter from Kutak Rock & Campbell to monitor the Gillett Holdings Bankruptcy Proceedings, at a cost not to exceed $1,440.00 per month unless approved by Council. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Item No. 8 on the agenda was a Mayor's Proclamation declaring July National Recreation and Parks Month and Anti -Boredom Month. Pam Brandmeyer noted that Rob Robinson had asked that the Town of Vail to participate by approving this proclamation to support the Recreational s DistrictOs efforts promoting the wonderful facilities and programs in TOV. Peggy Osterfoss moved to approve the Mayor's Proclamation, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. There being no further business; Mayor Rose moved to adjourn the meeting at 10:05 p.m. ATTEST: • �U.t-J Pamela A. ran eyes, Town Clerk Minutes taken by Dorianne S. Deto S 9 Respectfully submitted, Kent . Rose, ayor