HomeMy WebLinkAbout1992-09-15 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 15, 1992
7:30 P.M.
• A regular meeting of the Vail Town Council was held on Tuesday, September 15,1992, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:50
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: Ken Hughey, Assistant 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.
Second on the agenda was a Consent Agenda consisting of two items:
A. Ordinance No. 22, Series of 1992, second reading, an ordinance authorizing
and directing acquisition of certain property more particularly described in
Exhibit A, attached hereto and incorporated herein ("the property") for park
and recreation purposes, and authorizing and directing the acquisition of a
certain permanent easement more particularly described in Exhibit B
attached hereto and incorporated herein ("the easement") to be acquired by
negotiation if possible, and, if negotiation is not successful, by eminent domain
proceedings.
B. Ordinance No. 23, Series of 1992, second reading, an ordinance authorizing
and directing acquisition of a permanent easement more particularly
described in Exhibit A, attached hereto and incorporated herein, ("the
easement") for public drainage purposes by negotiation, and, if negotiation for
acquisition is not successful, by eminent domain proceedings.
• Mayor Osterfoss read the titles in full. Larry Eskwith noted correction of a typo in Ordinance
No. 22, and stated the word "permanent" was to be added before the word "easement" in the
titles of both of these ordinances before next publication. (Note: The addition is shown in
bold above.) Jim Gibson moved to approve the Consent Agenda with the correction and
additions as noted by Larry, with a second from Tom Steinberg. A vote was taken and the
motion passed unanimously, 7-0.
Item No. 3 was Ordinance No. 24, Series of 1992, first reading, an ordinance authorizing the
issuance of the Town of Vail, Colorado, General Obligation Refunding Bonds, Series 1992A
in the total aggregate principal amount of $7,000,000 for the purpose of refunding a portion
of the Town's outstanding General Obligation Refunding Bonds, Series 1985; prescribing the
form of said bonds; providing for the levy of general ad valorem taxes to pay the principal of
and the interest on the Bonds; providing other covenants and details in connection therewith;
and repealing all ordinance in conflict therewith. Mayor Osterfoss read the title in full.
Steve Thompson explained the purpose of this ordinance and of Ordinance No. 25, Series of
1992. Larry Aubrecht, representing Hanifen Imhoff, Jack Wolfe, representing Kemper
Securities, and Steve Jeffers, representing George K. Baum, discussed the bond details, and
the rationale of splitting into two bond issues - general obligation refunding bonds and sales
tax revenue refunding bonds. After discussion concerning repo amounts, ratings, and call
. periods, Mery Lapin noted these ordinances were not final until after second reading. There
was discussion concerning potential consequences should these ordinances not pass on second
reading. Mery then moved to approve Ordinance No. 24, Series of 1992, on first reading,
with a second from Rob LeVine. A vote was taken and the motion passed unanimously, 7-0.
Item No. 4 was Ordinance No. 25, Series of 1992, first reading, an ordinance authorizing the
issuance of Town of Vail, Colorado Sales Tax Revenue Refunding and Improvement Bonds,
Series 1992B; 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 sales tax and parking revenues of the Town for the payment of the bonds; providing
certain covenants and other details and making other provisions concerning the Bonds and
the sales tax and parking revenues; ratifying action previously taken and appertaining
thereto; and repealing all ordinances in conflict herewith. Mayor Osterfoss read the title in
full. Noting the purpose and particulars of this ordinance had been discussed in conjunction
with Ordinance No. 24, Series of 1992, Mery Lapin moved to approve Ordinance No. 25,
Series of 1992, on first reading, with a second from Rob LeVine. A vote was taken and the
motion passed unanimously, 7-0. Second readings of Ordinance No. 24 and Ordinance No.
25, Series of 1992, were scheduled for a Vail Town Council Special Evening Meeting on
Tuesday, September 29, 1992.
Item No. 5 was Ordinance No. 26, Series of 1992, first reading, an ordinance repealing
Section 11 of Ordinance No. 14, Series of 1987, Subsection 9 concerning the Vail Village Inn
Special Development District regarding a use restriction on a dwelling unit, and setting forth
details in regard thereto. The applicant was BBC of Vail, Colorado, L.P./Frank Cicero.
Mayor Osterfoss read the title in full. Mike Mollica explained the applicant's request was
for a major amendment to Special Development District (SDD) No. 6 (Vail Village Inn) in
• order to remove a rental restriction upon Unit No. 30 of the Vail Village Inn Plaza
Condominiums. Mike briefly outlined information covered in the CDD's memo dated August
24, 1992, regarding the background and history of the planning process which occurred in
1989, allowing Unit No. 30 to be converted from commercial use to residential use. He noted
the Planning and Environmental Commission (PEC), at their August 24, 1992, public
hearing, had unanimously voted (7-0) to recommend denial of this applicant's request. Ken
Wilson, Branch Broker for Vail Associates Real Estate, representing the applicant,
distributed a letter dated September 15, 1992, which questioned whether or not Unit No. 30
should have ever been placed under the Condominium Conversion ordinance, and whether
or not the ordinance had been consistently applied over time. At this point, Bob Buckley
stepped down from discussion of this agenda item due to a potential conflict of interest. A
lengthy exchange followed with Mr. Wilson and applicant, Frank Cicero, alternately voicing
opinions about lack of consistency in enforcement of the Condominium Conversion ordinance,
referring to the Gateway and Vail Village Inn as adjacent properties without the rental
restrictions, and questioning the legality of the ordinance. Council and staff repeatedly
emphasized each SDD stood on its own merit, and each SDD had different restrictions and
development standards. Tom Steinberg and Rob LeVine pointed out concessions other SDDs
had made as part of the creation of their SDDs. When asked if he would consider putting
in employee housing units as part of his request, Mr. Cicero said he would, but had not
. previously contemplated that idea. Rob suggested Mr. Cicero return to Council with a
comprehensive plan for further discussion before asking for a major SDD amendment again.
After discussion about the option of reopening negotiation discussions with the PEC, Mr.
Cicero asked Ordinance No. 26, Series of 1992, be tabled so he could explore alternate
proposals. At this point, Jim Gibson moved to deny Ordinance No. 26, Series of 1992, on first
reading, with a second from Tom Steinberg. Before a vote was taken, Mayor Osterfoss noted
at the time the rental restrictions were placed on Mr. CiceiVs unit, she was on the PEC and
she felt the current request dial not meet criteria B and D of the nine SDD criteria. Mr.
Cicero again asked for a motion to table the ordinance as he did not want to start the process
for this amendment request from scratch. Jim Gibson withdrew his motion to deny
Ordinance No. 26, Series of 1992, and Tom Steinberg withdrew his second of that motion.
Jim Gibson then moved to deny tabling or postponing of Ordinance No. 26, Series of 1992,
with a second from Tom Steinberg. A vote was taken and that motion passed, 4-2, Rob
LeVine and Mery Lapin opposed. Mike Mollica indicated an additional $1,000 application
fee would be required of Mr. Cicero to reapply for an SDD amendment, and there would be
a time delay of approximately five weeks. Jim Gibson moved to deny Ordinance No. 26,
Series of 1992, on first reading, as it did not conform with SDD criteria and the Vail Village
Master Plan. Tom Steinberg seconded this motion. A vote was taken, and the motion to
deny Ordinance No. 26, Series of 1992, on first reading passed, 6-0-1, Bob Buckley abstaining.
iBob Buckley then rejoined Council.
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Item No. 6 was review of proposed Town of Vail contract with Alpine International, Inc. to
design the master plan for the Town of Vail cemetery and provide the accompanying
management report. Andy Knudtsen noted the proposed contract was before Council for
approval because it involved a fee greater than $50,000. He briefly reviewed a Community
. Development Department (CDD) memo to Council and Ron Phillips dated May 12, 1992,
which included information about progress on the cemetery project. He also reviewed the
details of the RFP process and tasks, hours, and estimated fees for the project. The budget
figure arrived at was $60,000, with a contingency of $5,400 to cover possible cost overruns.
Kristan Pritz advised the budget would come from salary savings in CDD's budget. Jim
Gibson pointed out the cemetery area was originally intended to be open space, and, although
Sherry Dorward, Vice President of Alpine International, Inc., advised no definitive guidelines
had yet been set, she indicated the cemetery was being planned to be natural and
unobtrusive. There was brief discussion regarding a geologic study planned for the cemetery
site. Tom Steinberg suggested the cemetery management be consolidated with the Minturn
Cemetery District, and the private cemeteries at Intermountain and Nottingham. It was
noted that Larry Sloane, the project management consultant, would be at the October 6,
1992, Council work session, and Andy asked Council to provide direction to Mr. Sloane at
that meeting. Jim Gibson then moved to approve the Town of Vail/Contractor Agreement
with Alpine International, Inc. to design the master plan for the TOV cemetery, with a second
from Bob Buckley. Before a vote was taken, Kristan emphasized this agreement was for
$60,000 plus the $5,400 contingency. A vote was taken and the motion passed unanimously,
7-0.
• Item No. 7 was an appeal of the Design Review Board (DRB) decision to approve landscape
changes for the Byrne Residence, Lot 1, Block 7, Vail Village 1st Filing/1 Forest Rd. The
applicant was Ron Byrne. Shelly Mello briefly explained Council had expressed concern with
existing site development encroachments onto U.S. Forest Service land. Jay Peterson
discussed the history of developments on the Byrne property, including discussions with Vail
Associates, Inc. regarding development of a plan to divert water around the property. Joe
Macy, of Vail Associates, Inc. (VA), recalled discussion of development of this lot with staff
and Ned Gwathmey, the architect for the project at the time, had taken place approximately
two years ago. The plan resulted in the installation of a water diversion system which
encroached on Forest Service property. Jay acknowledged no approval had been received
from the Forest Service before the water diversion plan was implemented. Tim Grantham,
Lands Forester with the Forest Service in Minturn, noted there had been a site visit to the
Byrne property, and most of what the Forest Service had asked to be done at that property
to correct the encroachment situation had been done. Additionally, Mr. Grantham said the
Forest Service recognized there was a water drainage problem in that area, and had agreed
to a Special Use Permit arrangement with Mr. Byrne under the condition the Forest Service
was not liable for any damage due to the change in the drainage pattern caused by Mr.
Byrne's water diversion system. There was technical discussion about the water flow and
run-off, and further plans for re-routing the water. At this point, Larry 1lskwith indicated
this agenda item concerned an appeal of a DRB approval of landscape changes, not the water
. drainage issue. Larry said two separate motions would be required. Rob Levine then moved
to uphold the DRB decision to approve the landscape changes, with a second from Jim
Gibson. A vote was taken and that motion passed unanimously, 7-0. Larry suggested a
second motion regarding a written agreement between the Forest Service, Ron Byrne, and
TOV about Mr. Byrne's water diversion structures and other encroachments be required prior
to the issuance of the final Certificate of Occupancy (C.O.) After additional technical
discussion about the underground diversion pipe installed on Forest Service land by Mr.
Byrne, ground water movement tendencies, catch basins, and the culverts VA had the right
to open or close, Tom Steinberg suggested the Forest Service have their hydrologic engineer
look at the whole situation on that slope. Tom also expressed offense at Mr. Byrne's having
put in structures on Forest Service land without permission, and without having advised
TOV, thereby placing TOV at liability for what damage might occur. Tom Steinberg then
moved that staff be instructed not to issue a permanent C.O. until such time as satisfactory
results were received on a hydrologic study by a hydrologic engineer as to the effects and
safety of the engineering structures that had been built by Mr. Byrne, and until (1) a plan
for revegetation of the cut slope and other areas of impact was received, (2) satisfactory
results of a mechanical engineering study done during the next maximum run-off in the area
was received, and (3) a written agreement with the Forest Service was worked out about Mr.
Byrne's water diversion system. Jim Gibson seconded that motion. Larry suggested the
Uniform Building Code be checked to ascertain if the studies requested in this motion were
appropriate requirements. Jay stated the applicant would give TOV a letter holding TOV
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harmless. A vote on that motion failed, 1-6, all Council opposed except Tom Steinberg. Rob
LeVine then moved to direct staff not to issue a permanent C.O. until such time as staff had
determined whether or not additional studies were necessary and appropriate, and there was
evidence of an agreement between the Forest Service and the property owner regarding the
encroachments on Forest Service property. Mery Lapin seconded this motion. A vote was
taken and the motion passed unanimously, 7-0. Staff was directed to return to Council
regarding the water diversion issue on this property.
Item Nos. 8, 9, and 10 were Information Update, Council Reports, and Other. The following
issues were raised:
* Jim Gibson and Jim Shearer had visited the Public Works Department (PW) on September
15, 1992. Jim Gibson noted Larry Grafel and Pete Burnett had asked to be included in
original plan reviews of DRB and PEC decisions affecting snow plowing and snow storage.
Jim Gibson noted PW requested assistance with development of a PW PR campaign.
* Mery Lapin asked Kristan Pritz for a list of restricted rental properties.
* Tom Steinberg advised Colorado Public Radio had installed some of their translator
equipment, and noted the FCC had turned down their request for a $40,000 federal grant.
He anticipated Colorado Public Radio would be making a contribution request to TOV.
* Mery Lapin inquired about paved parking at the soccer field. Joe Macy stated that area
• was VA property, and thought there was an agreement between TOV and VA regarding the
usage of that lot. Staff was directed to research existing arrangements.
* Mery Lapin asked what became of the flag pole planned to be erected outside VRA offices
in honor of Paul Johnston.
* Jim Shearer felt appointed TOV board member terms should be limited to 8 consecutive
years. Larry Eskwith was directed to draft an ordinance for Council review.
Before adjournment, Larry Grafel spoke briefly about results of bids received for development
of the Ski Museum Park. He noted the two bids received exceeded estimated costs by 70 to
100%, and were rejected. He said bids for the project would be resolicited in January, 1993.
There being no further business, a motion to adjourn the meeting was made and passed
unanimously. The meeting was adjourned at 10:30 P.M.
Respectfully submitted,
• Margaret A. Osterfoss, Mayor
ATTEST:
•
amouca Er.IGw
Martha S. Raec er, Town Clerk
Minutes taken by Dorianne S. Deto
CANSEP15.92
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