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