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HomeMy WebLinkAbout1992-09-01 Town Council Minutesis y MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 1, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 1,1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:45 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob LeVine Bob Buckley TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, Town Clerk The first item on the agenda was Citizen Participation of which there was none. is Second on the agenda was approval of the minutes of August 4, 1992, and August 18, 1992, Regular Evening Meetings, and August 20, 1992, Special Evening Meeting minutes. Mery Lapin moved to approve these minutes, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was a request for a $1,000 contribution to victims of Hurricane Andrew in Miami Beach, Florida. Mayor Osterfoss noted this item resulted from discussion at the Eagle County Regional meeting on 8/26/92. Ron Phillips explained the Florida Municipal League had been contacted for information on assistance efforts, and they assigned Miami Beach as the proposed recipient of any assistance from Eagle County communities. Mery Lapin moved to approve the contribution of $1,000 from Council contingency funds to Miami Beach, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 9, Series of 1992, second reading, an ordinance creating a new Chapter 18.57 - Employee Housing and setting forth details in regard thereto; amending Chapter 18.10, 18.12, 18.13, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.27, 18.28, 18.29, 18.34,18.36, and 18.39 to provide for the addition of employee housing units as permitted or . conditional uses within certain zone districts within the Town of Vail, and setting forth details in regard thereto; amending Chapter 18.4, setting forth certain definitions for an employee housing unit, a bathroom, and a kitchenette. Mayor Osterfoss read the title in full. Andy Knudtsen reviewed seven recommended changes made to the ordinance since first reading. He placed emphasis on the changes primarily related to EHU GRFA credits (425 sq. ft.) and the use of the 250. He noted a proposed change to allow a Type II EHU as a conditional use with Planning and Environmental Commission approval in the Agricultural Open Space District. Rob LeVine asked for clarification regarding separate entrances. After discussion, a suggested wording change to clarify that each EHU would have a separate entrance and would not be connected in any way was agreed to. Mayor Osterfoss noted she and Kristan Pritz had the opportunity to meet and exchange ideas about this ordinance earlier with representatives of the Vail Board of Realtors including Bill Wilto, Dave Cole, Doug Ketchum, Larry Agneberg, and John Slevin. Kristan outlined the recommendations made by that board. There was discussion about enforcement of permanent restrictions, and it was agreed the existing system would be adequate. After further discussion regarding impact and parking on small lots, and the conditional use process, Jim Gibson moved to approve Ordinance No. 9, Series of 1992, on second reading with incorporation of the recommendations from the Vail Board of Realtors. Jim Shearer seconded the motion. Before a vote was taken, Dave Cole encouraged Type III EHUs be offered for sale as an incentive . for long term locals who want to buy rather than rent to stay within the Town. Kristan said those provisions were already in the ordinance for Type I EHUs, and the same wording would be used for Type III EHUs. Further discussion included Tom Steinberg's concerns about increasing density, parking problems, and pressure being put on open space owners. Jim Gibson then called the question. A vote was taken and the motion passed, 5-2, Mery Lapin and Tom Steinberg opposed. • Item No. 5 was Ordinance No. 22, Series of 1992, first reading, an ordinance authorizing and directing acquisition of certain property more particularly described in Exhibit A, attached hereto and made a part of this ordinance by reference, for bike path purposes by negotiation if possible, and if negotiation is not successful in obtaining the property, by eminent domain proceedings. Mayor Osterfoss read the title in full. Larry Eskwith explained this ordinance would give authority to Town staff to negotiate for parcels of land TOV needs related to the bike path through Dowd Junction, an ongoing cooperative effort between TOV and the State. Larry noted time was of the essence, and if negotiations with property owners could not produce mutually acceptable prices, it would be necessary to move forward with condemnation proceedings. After brief discussion about negotiations vs. condemnation proceeding, appraiser bids and selection, and whether the bike path was within the 100 year flood plain, Mery Lapin moved to approve Ordinance No. 26, Series of 1992, on first reading, with a second from Rob LeVine. Before a vote was taken, there was short discussion about the location of the parcels in question. A vote was then taken and the motion passed unanimously, 7-0. Item No. 6 was Ordinance No. 23, Series of 1992, first reading, an ordinance authorizing and directing acquisition of drainage easements over, across, and under certain property more particularly described in Exhibit A, attached hereto and incorporated herein, for public • drainage purposes by negotiation, and, if negotiation is unsuccessful, by eminent domain proceedings. Mayor Osterfoss read the title in full. Larry Grafel explained these were drainage easements existing between four lots on Davos Trail and Arosa Drive. Larry advised negotiations were presently underway for these. If negotiations with property owners could not produce mutually acceptable prices, this ordinance would need to be in place to allow condemnation proceedings. Jim Gibson asked that reference to the fact that an independent appraisal had been made or was part of the negotiations be made part of the ordinance. After brief discussion, Jim Gibson moved to approve Ordinance No. 23, Series on 1992, with the requested change, on first reading. Jim Shearer seconded the motion. A vote was taken and the motion passed, 6-1, Mery Lapin abstaining due to possible conflict of interest. Item No. 7 was a presentation of safety option recommendations for access to bus stops on Bald Mountain Road in regard to the VRD Proposed Par 3 Golf ,Course. Larry Grafel introduced three options, and thoroughly discussed the advantages, disadvantages, and preliminary cost estimates for each. Safety was agreed to be the primary concern. Mike Rose discussed some of the technical problems with the bus turnaround at the site, and noted there was a problem with overcrowding on that bus last year. After individual discussion of each option, Larry Grafel said he would use Council's input to develop a specific proposal. •Rob Robinson, Colleen McCarthy, and Gail Malloy, Vail Recreation District (VRD) Board members, participated in the discussion of the proposed options. Mery Lapin felt Bald Mountain Rd. bus stop area residents should be kept informed of proposed changes, and Larry Grafel was directed to initiate a PR effort to residents of the area prior to ice and snow. Discussion turned to the proposed Par-3 Golf Course. Mayor Osterfoss noted she had been contacted by Evie Nott, opponent of the proposed golf course. Ms. Nott informed her Mr. Phelps, the golf course designer who withdrew from the Par-3 project, was willing to come to Vail free of charge to discuss the safety concerns expressed in his letter dated 4/1/92. Ms. Nott advised she had also spoken with Ken Wilson, who expressed no objection to a meeting with Mr. Phelps. Mery Lapin asked if Mr. Phelps would discuss his allegations that it was not safe to put a golf course there. Gail Malloy said Mr. Phelps would not comment on Mr. Bailey's design or any other architect's development. Jim Shearer suggested obtaining a letter from Mr. Phelps to that effect. Tom Steinberg felt there was no down side to having Mr. Phelps speak with the VRD Board. Colleen McCarthy suggested Council sit down with the proposed plan, and hole by hole, see how Dick Bailey had addressed each one of the concerns expressed by Mr. Phelps' letter. Several Council members felt that was a good idea, but agreed to leave the decision in the VRD's hands. Mayor Osterfoss felt Gail's idea was a good one, and directed the VRD to improve their public relations situation by putting that issue on their agenda, and inviting people still concerned with the safety issue to review the • proposed golf course plans in that same manner. 2 r Item No. 8 was a discussion regarding capital projects and future debt service levels. Steve Barwick discussed the most recent version of the Capital Projects 5 Year Plan. He noted the only change to the plan since Council had last seen it was in the Heavy Equipment Fund, Capital Equipment section. He said all of the broad assumptions in the plan as presented . were the same as in past TOV 5 Year Plans. As the underwriter needed to be contacted shortly to tie up the refunding, he asked Council to finalize new projects needs. Jim Gibson stated the debt level right now was equal to approximately 150% of anticipated annual revenue. He felt that was a manageable debt and recommended TOV make a conscious effort to maintain that level. Ron Phillips felt Jim Gibson's concerns were consistent with TOWS plan to require a new revenue source for any new debt taken on. There was discussion regarding bus depreciation and replacement, operational maintenance items, special event funding, PW building expansion, municipal building addition, land purchases, cutting of safety items such as the Vail Road sidewalk, and the Simba Run Underpass was mentioned as a high priority item. Mayor Osterfoss felt, under the scenario presented, TOV needed to announce it was not moving toward a central loading facility. Additionally, Ron explained TOV was proposing the cemetery be a private function and TOV would not be budgeting expenditures for it. A brief discussion about potential impacts of the proposed Bruce Amendment ensued. Jim Shearer suggested a presentation explaining the Bruce Amendment be made to Council, and Steve was directed to prepare for this. Mayor Osterfoss noted an educational process regarding the Bruce Amendment had been discussed at the Eagle County Regional Meeting on 8126/92. Ron added a three person committee to represent the County, Avon and Vail, was appointed at that meeting and assigned the task of preparing an educational process of the issue to include meetings with the press. • Before adjournment: Ron Phillips advised he had attended a public hearing held by CDOT on the new statewide transportation planning process rules and regulations. The proposed planning process would require a statewide transportation planning process, to be handled by region. TOV was to be in the Summit, Eagle, Lake, Garfield, and Pitkin Counties transportation planning region. Ron asked Council for approval to draft a letter to CDOT including questions about the relationship of planning vs. project funding, how districts related regarding planning vs, maintenance, a suggestion about facilitating a process to involve the state planning regions such as NWCCOG and other councils of government in discussion about how to coordinate the planning process, and how a past requirement for transportation development plans for those receiving UMPTA funds ties in with the new process. Ron noted each planning region would have a representative on the transportation advisory committee for the state. After brief discussion, including comments on intermodal transportation, Council agreed to drafting of this letter for Mayor Osterfoss' signature. Mayor Osterfoss suggested a letter be sent to the Colorado Municipal League Board of Directors to commend them for their courageous and thoughtful stand in opposing the sales tax initiative for education. Council had no objections. Council agreed to send CAST a copy of the draft position paper concerning the Public School Finance Act of 1988, for consideration as an agenda item for the October, 1992, CAST meeting in Aspen. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:00 P.M. ATTEST: Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Dew 0 C:u,9NSEPT1.92 Respectfully�ysubitt�m},�r/e�/d, CjVff/ Margaret A. Osterfoss, Mayor