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
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Respectfully submitted,
Kent . Rose, ayor