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Home My WebLink About1992-03-03 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING MARCH 3, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, March 3, 1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building, MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro -Tern 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 S. Raecker, Town Clerk Mery Lapin and Tom Steinberg were not present as the meeting began. The first item on the agenda was a TOV Ten Year Employee Recognition for Rick Onorato. Mayor Osterfoss moved on to the second item on the agenda as Rick was not present as the meeting began. Second on the agenda was Citizen Participation. In response to Josef Staufer's inquiry about the cemetery, Ron Phillips advised a management plan was underway. Mr. Staufer also commented on a recent news article concerning the Town's 5-year financial projection. He did not feel the Town should base a 5-year financial projection on recession year figures. Ron explained the news article mentioned did not accurately represent the information presented to Council, and clarified for Mr. Staufer there would have to be new revenue sources to fund any new projects. Item No. 3 was a Consent Agenda consisting of two items: A. Approval of Minutes of February 4, 1992, and February 18, 1992, evening meetings. B. Ordinance No. 3, Series of 1992, second reading, an ordinance amending Section 8.24.090 of the Municipal Code of the Town of Vail, Colorado, to provide for the owner or occupant of any property within the Town of Vail to keep the sidewalks in the public right-of-way on adjacent or abutting such lot or parcels free and clear from ice, snow, and other obstructions. Mayor Osterfoss read the titles in full. Jim Gibson moved to approve both items on the Consent Agenda, with a second from Rob LeVine. A vote was taken and the motion passed unanimously, 5-0. As Rick Onorato arrived, Mayor Osterfoss returned to kern No. 1 on the agenda. Pam Brandmeyer introduced Rick Onorato, Detective Sergeant for the Town of Vail Police Department, and thanked him for his years of dedicated service. Acting Police Chief Corey Schmidt congratulated Rick. Item No. 4 was Ordinance No. 1, Series of 1992, continued from first reading January 7,1992, an ordinance declaring the intention of the Town Council of the Town of Vail, Colorado, to create a Local Improvement District within the boundaries of the Town of Vail for the purpose of converting existing overhead electric facilities to underground locations; and adoption of details and specifications therefore. Mayor Osterfoss read the title in full. Greg Hall reviewed results of the East Vail Utility Undergrounding Property Owner Pall report dated March 3, 1992, Of 104 polls sent by certified mail, 80 polls were returned - a 77% return rate. 60% responded as not in favor of the project, 38% responded in favor, Based on those results, Rob LeVine moved to defeat Ordinance No. 1, Series of 1992, with a second from Jim Shearer. Before a vote was taken, Nancy Gibson acknowledged cost allocation of the project seemed to be the primary reason for the negative poll response, and asked Council if there were any alternatives for dividing the cost among property owners in the area, She appealed to Council to further examine this and seek other options. Peggy Osterfoss said the options had been examined, and asked Nancy for ideas, but she could offer none. Nancy asked if the Town would look at the issue again. Larry Eskwith advised another ordinance organizing a local improvement district for the area was possible. Dave Rogers, co-orig inator of this effort, thanked Council for supporting the effort. He felt it was a shame they could not take Holy Cross Electric up on their offer to participate in the undergrounding project. He felt property owners liked the idea, but were nervous about costs getting out of hand. He noted early polls he had taken indicated 80% of property owners were in favor of the project at a lower ddllar figure, and appealed to Council to again table the ordinance. Ann Louthan felt property owners had not all received and responded to the poll, and offered to help Nancy with future efforts to see the utilities undergrounded and to work with the cable company. Roger Tilkmeier said he had sent in a "no" vote because he wanted everyone who would benefit from the project to share in the cost. Jim Gibson asked Roger if he could chair a committee to further pursue the project, but Roger advised he would be unable to at this time. Jim Gibson felt most East Vail residents wanted the undergrounding, and It was a matter of cost. He wanted to table the ordinance in order to keep the project alive. At this point, Rob LeVine withdrew his motion to defeat the ordinance. Jim Gibson then moved to table the ordinance until August 1, 1992. That motion was seconded by Bob Buckley. Before a vote was taken, Ron Phillips pointed out the poll sent out clearly indicated response to it would decide the issue. Peggy agreed, and added the Town was not killing the concept of undergrounding. Roger felt he would rather see this ordinance defeated at this time, feeling if it were tabled it would be presented again in the same form. Jeff Bowen emphasized the poll results clearly indicated a strong statement from property owners not to proceed. Jim Shearer felt if the Town defeated this ordinance at this time, more property owners would rise to help see the project become a reality. Bob Buckley suggested enlargement or redefinition of the District. Larry indicated that would require another study by the engineer. After further discussion, a vote was taken on Jim Gibson's motion to table the ordinance until August 1, 1982 and that motion failed, 2-3, Jim Shearer, Peggy Osterfoss, and Rob LeVine opposed. Rob Levine moved to defeat Ordinance No. 1, Series of 1992, with a second from Jim Shearer. A vote was taken and that motion passed, 3-2, Bob Buckley and Jim Gibson Opposed. Ron encouraged the property owners to get together to inspire additional community involvement for further review of different cost allocation formulas. Council members Mery Lapin and Tom Steinberg arrived at 8:20 p.m. as discussion began on agenda Item No. 5. Item No. 5 was Resolution No. 5, Series of 1992, a resolution designating Colorado Surplus Asset Fund Trust, 1800 Glenarm Place, Suite 400, Denver, Colorado, 80202 as a depository for the funds of the Town as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. Mayor Osterfoss read the title in full. After a brief review by Steve Thompson, Jim Gibson moved to approve Resolution No. 5, with a second from Bob Buckley. A vote was taken and the motion passed unanimously, 7-0. Item No. 6 was a Town Council appeal of the Design Review Board (DRB) decision to grant final design approval for a project at the Gerald R. Ford Amphitheater which Included an expanded seating area and weatherproofing. The applicant was the Vail Valley Foundation. Mike Mollica explained the DRB voted to approve the request on February 19, 1992, 4-1, Diana Donovan opposed, with three recommendations: (1) that lighting at the north end of the amphitheater be at the lowest possible height and be coordinated with TOV when locating, (2) that consideration be given to installation of a sound wall/baffle along the north berm, and (3) that a matte finish on fabric screens be used. He said Diana felt the suggested remodeling plans were not compatible with existing design at the amphitheater. Harry Frampton noted two primary reasons for remodeling: (1) the seasonal use of the amphitheater, now July 1 to late August, could be extended by three weeks at each end of the season, and (2) performers had expressed concerns about direct sun light interference, rain and wind conditions, lack of evenly dispersed heat on stage and in basement dressing rooms, and a need for increased lighting. He said some performers had refused to perform there again under present conditions. Jim Morter, the original architect, spoke about his considerations while reviewing the amphitheater design to accommodate the reasons mentioned by Harry. He rued he was under strict direction not to destroy the present outdoor amphitheater ambiance, but was asked to come up with compatible designs to protect the stage and audience. He displayed a model of the proposed redesign, and said he felt the architectural changes he described fully addressed Diana's concerns. Ned Gwathmey, Chairman of the DRB, said, after the DRB's review of the redesign, the DRIB felt, given the technical problems, the redesign was in compliance with the DRB guidelines and they approved it. Mery Lapin asked if Bravo felt their conditions were met by the redesign, and Pat Herrington said they were. Flo Steinberg spoke about her concerns as expressed in her letter to Council dated March 4, 1992. She asked for a . thorough review of the project, feeling the redesign was inconsistent with the original architecture. Jim Morter reassured her all of the redesign had been prepared with concentrated effort to be as consistent as possible with the original design. Mery Lapin moved to uphold the DRB's decision to grant final design approval for the project, with a second from Rob LeVine. A vote was taken and the motion passed unanimously, 7-0. Item No. 7 was the appointment of a Local Licensing Authority Member. Jim Gibson moved to re -appoint Bill Bishop to the Local Licensing Authority, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 7-0, There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:10 p,m. Respectfully submitted, �garfoss, mayor V ATTEST: Mwtha'S. Raecker, Town Clerk Minutes taken by Dodanne S. 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