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HomeMy WebLinkAbout1992-10-06 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING OCTOBER 6, 1992 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, October 6, 1992, in the Council Chambers of the Vail Municipal Building. Mery Lapin called the meeting to order at 7:45 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Jim Gibson Tom Steinberg Rob Levine Bob Buckley MEMBERS ABSENT: Jim Shearer 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. John Mueller requested Council reconsider TOV policy prohibiting street -cuts in newly reconstructed roads within the Town. Council agreed to hear this issue since Mr. Mueller's situation was considered emergent. He required a street -cut permit in order to access a sewer line for 3130 Booth Falls Road. Mr. Mueller indicated he had been given incorrect sewer inlet elevations by UEVW&S, and his access for sewer service connection was now too low to connect. Council, Larry Grafel, and Mr. Mueller reviewed site plans of the lot and area in question, and reviewed three options for correcting the situation. During discussion, it became clear the sewer inlet elevations provided to Mr. Mueller by UEVW&S were incorrect, and, in fact, caused the resulting current problem. Council advised Mr. Mueller to pursue relief from UEVW&S. After discussion, Rob LeVine moved to allow Mr. Mueller an emergency exception to TOV policy regarding street -cuts in newly reconstructed roads if there were no other alternatives for resolving Mr. Mueller's problem, and with the condition that Mr. Mueller try to coordinate the possibility of connecting at Lot 11, 3010 Booth Falls Road with UEVW&S. Jim Gibson seconded the motion. A vote was taken and the motion passed 4-2, Mayor Osterfoss and Tom Steinberg opposed. Item No. 2 on the agenda was approval of the minutes of the September 1, 1992, and September 15, 1992 evening meetings, and approval of the September 29, 1992, Special • Evening Meeting Minutes. Jim Gibson moved to approve the minutes of these three meetings, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 10, Series of 1992, first reading, an ordinance amending Section 3.48.40 and 3.48.090 of the Municipal Code of the Town of Vail to provide that the Real Estate Transfer Tax may be used for the acquisition and improvement of real property within the limits of the Town or within a mile of the Town boundaries; providing more specificity as to what the funds received by the Town pursuant to the Real Estate Transfer Tax can be used for; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Larry Eskwith explained this ordinance would amend the RETT ordinance to allow RETT funds to be used within the limits of the Town or within a mile of the Town boundaries. It would also clarify purposes for RETT funds. Jim Gibson expressed opposition to use of the term "public rights -of -way" in this ordinance. He felt the concept implied was too broad, and landscaping of public rights -of -way was a Public Works Department project, not something to expend RETT funds on; however, Mayor Osterfoss felt landscaping was appropriate in conjunction with development of recreational bike paths. Bill Wilto said he had no objection to the use of RETT funds for appropriate projects within a mile of the Town boundaries, but was strongly opposed to use of RETT funds on public rights -of -way. Jim Gibson, Bill Wilto, and Jo Brown asked for a clear definition of "public rights -of -way." After 41 brief discussion, Rob LeVine moved to approve Ordinance No. 10, Series of 1992, on first reading, with the addition of landscaping of recreation paths as an appropriate use of RETT funds. Tom Steinberg seconded the motion. A vote was taken and the motion passed, 5-1, Jim Gibson opposed. Item No. 4 was Ordinance No. 28, Series of 1992, first reading, an ordinance amending • Section 5.04.140 -Termination, of the Municipal Code of the Town of Vail, extending indefinitely Chapter 5.04 - Annual Business License for Marketing. Mayor Osterfoss read the title in full. Jim Gibson moved to approve Ordinance No. 28, Series of 1992, on first reading, with a second from Rob Levine. Before a vote was taken, Mery Lapin stated he wanted the four year sunset provision to remain as a means of keeping the Vail Valley Marketing Board (VVMB) accountable to TOV. After brief discussion regarding whether those business owners paying the tax could be specified as residents and qualified voters, particularly if Amendment No. 1, "the Bruce Amendment" passed at the General Election on November 3, 1992, Jim Gibson called the question. A vote was then taken and the motion passed, 5-1, Mery Lapin opposed. After the vote, it was noted this change could be amended at any time. Item No. 5 was Resolution No. 16, Series of 1992, a resolution declaring Vail Town Council's opposition to Amendment No. 1, which will appear on the November 3, 1992, General Election Ballot. Mayor Osterfoss read the title in full. Steve Barwick spoke briefly about potential drawbacks of Amendment No. 1, including the possibility of jeopardized state funding for the Dowd Junction Bike Path and widening of Highway 6 planned for 1993. Jim Gibson moved to approve Resolution No. 16, Series of 1992, with a second from Bob Buckley. Before a vote was taken, Larry Eskwith indicated there were some general provisions in this resolution which dealt with Amendment No. 1's potential curtailment of home -rule and local . municipal powers. Further discussion included concern regarding voting timeframes that would be required if increased budget needs evolved. Rob LeVine asked to go on record as saying there was another tax limitation measure that was proposed and supported by the Colorado Municipal League (CML) which did not get on the ballot. Rob felt that proposal was palatable compared to Amendment No. 1 because it offered the flexibility for municipalities to address local situations and retain local control, with some amount of tax limitation. Jim Gibson then directed staff to add information from a document prepared by CML dated September 22, 1992, indicating passage of Amendment No. 1 would severely injure Coloradans without having any impact on federal taxes and spending. Mery Lapin called the question. A vote was taken, and the motion passed unanimously, 6-0, with the addition requested by Jim Gibson. Item No. 6 was a discussion regarding a request by applicant Irwin Bachrach to amend the TOV Master Rockfall Hazard Map. Tim Devlin explained this request was to amend the Town's Master Rockfall Hazard Map by removing specific properties from the "Moderate Rockfall" designation based on a recent on -site investigation by Dr. Nicholas Lampiris, the consulting geologist, who had assisted in preparation of the Rockfall Map prepared in 1984. During the recent on -site investigation, it was revealed the properties in question, Lots 10, 12, 13, 14, 15, and 16, Block 9, Vail Intermountain, were not in any rockfall zone. Dr. • Lampiris subsequently submitted a letter recommending the Moderate Rockfall designation be removed from the above referenced properties. Mery Lapin moved to amend TOV's Master Rockfall Hazard Map as requested based on the July 8, 1992, letter from Dr. Lampiris to Irwin Bachrach. Rob LeVine seconded the motion, A vote was then taken and the motion passed unanimously, 6-0. Before adjournment, several items not on the agenda were raised. Ron Phillips reviewed a memo from Larry Brooks, Director of Municipal Services at the Town of Avon, to Bill James, Avon Town Manager, regarding the Transit Budget/County System. Ron noted the memo addressed two changes in the proposed operational budget for the County system: (1) termination of leases on two buses used for the Leadville route which would be replaced by two 1979 buses TOV offered to lease them, and (2), delay of refurbishing of two buses since new buses would be available via an FTA grant. After additional review of the proposed changes, Tom Steinberg proposed Leadville be encouraged to incorporate a loop system there, even if TOV had to loan them another bus to improve and increase Leadville ridership. Council agreed that idea was worth exploring, with Town of Leadville paying for operation and maintenance of the bus. A request was made for a ridership survey to respond to Tom's inquiry about why there were more riders to Vail from Leadville than from Leadville to Vail. Mayor Osterfoss asked that the proposed survey instrument be made • available to the task force for their input and later analysis of the compiled results. In addition, she expressed interest in the selection of a more all -encompassing name for this transit system. Tom also requested Steve Barwick become involved in the budgeting oversight. Council consensus was reached to direct staff to change the budget to reflect the revised budget figures as detailed. Next, Tom Steinberg advised there had been a meeting with Sonny LaSalle, Regional Forester, and local foresters of the U.S. Forest Services (USFS). Tom said they had discussed appraisals on Spraddle Creek and Golf Course Maintenance parcels, but he did not think they reached any consensus. Tom reported the USFS was talking with Summit County and the rest of Eagle County about an environmental plan to examine the vegetation in the two county area. Ron Phillips noted he was working with Summit County regarding the clear - cutting plan. Summit County and Vail were proposed as two demonstration areas, if approval for the modelling technique for vegetative cover was obtained. Jim Gibson asked that areas where clear -cutting had been completed some years back be part of a public awareness program pointing out the period of time in which that growth had taken place. Tom agreed these issues needed to be publicly addressed. He felt, after the recent meeting, the USFS was responsive to the local recreation needs, the game needs, and improving the forest. Tom Steinberg reported on the Headwater's Forum meeting in Copper Mountain. One of the big concerns discussed at the meeting was continued funding after the first of the year. He said, after much discussion, each organization present agreed on equal basis funding. He advised he also went to Durango to plead before DOLA for funds for NWCCOG's 208 water planning. He advised $35,000 was appropriated, and approval to attempt development of a permanent 208 funding plan, as well as a plan to tie into the whole State system, was received. • Tom Steinberg noted he had turned information over to Todd Oppenheimer about a wildflower farm near Alamosa that was giving away its seed -filled straw. Tom felt the straw could be used to introduce a greater wildflower population on the Interstate. Mery Lapin advised the School District had expressed interest in putting a middle school on 10 acres of the Berry Creek 5th land. The proposed facility would contain recreational facilities. Mery asked if Council was interested in donating the land. Tom Steinberg inquired about infrastructure the School District would build. Mery informed Council the School District would have to take care of the entrance and the problem of access to the property, and there would also be a gymnasium. He said he told the School District it was felt an appraisal should be done on the land. Ron Phillips felt, if the School District was willing to put in the improvements necessary for access, plus water and sewer requirements, donation of ten acres of the Berry Creek 5th land to the School District might be worthwhile. Mery said negotiations were current, but further consideration and more information were needed. At 9:40 P.M., Mery Lapin moved to adjourn the Council's regular evening meeting to an Executive Session regarding land negotiations. Tom Steinberg seconded the motion. A vote • was taken and the motion passed unanimously, 6-0. Respectfully submitted, • ATTEST: MAWL& S. RA9 k4,.. Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto CMNSOCT6.92 Margare' A. Osterfoss, Mayor