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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. 2 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 3 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 4