HomeMy WebLinkAbout1992-06-02 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
JUNE 2, 1992
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, June 2, 1992, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30
P.M.
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
Martha Raecker, Town Clerk,
The first item on the agenda was Citizen Participation. Ann Marie Mueller and Flo
• Steinberg both detailed recent attacks by unleashed packs of dogs. Ron Phillips said the,
owners of the dogs in the areas of Town described by Mrs. Mueller and Mrs. Steinberg may
have been in violation of present laws which required pet owners to be in voice command of
their animals, but Mrs. Steinberg recalled she had come to Council before to ask for a leash
law for all areas of the Town. She specifically noted confusion over what areas required pets
to be leashed. Mayor Osterfoss advised Ken Hughey would follow up on the incidents
reported here. Contact with Eagle County Animal Control would be maintained.
Second on the agenda was an update by Blondie Vucich on the trapping issue presently
before the Wildlife Commission. Her update indicated the Wildlife Commission was, through
recommendations from the Colorado Division of Wildlife, considering a statewide trapping
regulation of a 25 foot setback limit on either side of the trails up to 500 feet from the
trailhead, and she urged Council to remain steadfast to TOV's current 50 foot setback limit
on either side of the trails to destination points. She asked Council to prepare further
correspondence to the Colorado Division of Wildlife emphasizing this community's needs and
how oversimplification by institution of a statewide regulation could result in ineffective
regulations. In fact, another letter dated June 2, 1992, based on Mrs. Vucich's notes and
recommendations from Colorado Wildlife officer, Mark Konishi, had already been drafted and
was before Council for review at this meeting. The letter was approved and signed by Mayor
Osterfoss. Mrs. Vucich noted the final Division of Wildlife work session on the issue would
be on Monday, June 15, 1992, in Denver and asked for TOV representation at that session.
The final decision is scheduled to be announced at the Wildlife Commission meeting in Ft.
Collins on July 16, 1992.
Item No. 3 was a brief presentation by Eric Affeldt, a Republican Candidate for County
Commissioner. He cited several of the general issues of his platform and distributed a flyer
containing basic biographical information and qualifications for his candidacy.
Item No. 4 was a Consent Agenda consisting of three items:
A. Approval of the Minutes of the May 5, 1992, and May 19, 1992, Town Council
evening meetings.
B. Ordinance No. 14, Series of 1992, second reading, an ordinance repealing and
reenacting Chapter 5.08 - Business and Occupation Tax - Ski Lifts, of the
Municipal Code of the Town of Vail.
C. Ordinance No. 16, Series of 1992, second reading, an ordinance rezoning a
parcel of property* from Public Accommodation District to Public Use District,
generally located at the northwest intersection of Vail Road and West Meadow
Drive, and legally described in the attached Exhibit A; and amending the
official zoning map in relation to the rezoning of said property. (*Commonly
referred to as the "Ski Museum Pocket Park".)
Mayor Osterfoss read the titles in full. Two motions were made on the Consent Agenda.
Since Bob Buckley had previously stepped down from discussion involving Consent Agenda
item B due to conflict of interest, first Tom Steinberg moved to approve Consent Agenda
items A and C, with a second from Jim Gibson. A vote was taken and the motion passed
unanimously, 7-0. Mery Lapin then made a second motion to approve Consent Agenda item
B, Ordinance No.14, Series of 1992, on second reading. Tom Steinberg seconded that motion.
A vote was taken on the second motion and the motion passed, 6-0-1, with Bob Buckley
abstaining.
Item No. 5 was Ordinance No. 15, Series of 1992, first reading, an ordinance amending Title
3 of the Municipal Code of the Town of Vail by the addition of Chapter 3.42 establishing a
Use Tax; and setting forth details in regard thereto. Mayor Osterfoss read the title in full.
Steve Barwick discussed a shortfall in TOV's 5 year budget projection and cited Americans
with Disabilities Act expenses, annual minor capital items, bus depreciation not funded in
1997, sales tax revenues currently being below projections, and tax and spending limitation
proposals as some of the items which might exacerbate the shortfall. He also noted shortfalls
in funding of essential Capital Improvement Projects beginning in 1995. Steve presented
options for addressing the Capital Projects funding shortfall to Council including a reduction
in planned capital projects, the use of reserves from the Capital Fund and/or Bond Reserves,
a use tax on construction materials, and extension and refinancing of existing debt. He
• emphasized staffs recommendation not to rely upon any one option. It was noted TOV was
one of three municipalities in the State of Colorado without a use tax on construction
materials. Council asked staff to concentrate on the use tax on construction materials option
and extension and refinancing of existing debt. Steve explained Ordinance No. 15 would
require 4% of estimated construction materials cost be collected at the time of issuance of a
building permit. Construction materials would be calculated at one-half the value of the
permit, i.e., for a building permit on a $200,000 project, 4% would be collected on $100,000.
Steve estimated the use tax on construction materials would raise $500,000 in revenues
annually. Bob Buckley asked how much impact that would have on the shortfalls Steve
mentioned. Steve said it would help, but, he emphasized again, no single solution would
solve the problem. One question of concern to Council involved the definition of "charitable
organization" as set forth in Section 3.40.020 of this ordinance. Charitable organizations
would be exempt from the use tax. Bob Buckley asked if the Vail Valley Medical Center was
included in the definition. After discussion regarding what specifically constituted a
charitable organization, Council asked for further investigation and clarification of that
Section of the ordinance, particularly with regard to determination of exempt status. Jim
Shearer felt the more exemptions incorporated into the ordinance, the less effective it would
be. Mery Lapin felt the ordinance presented a conflict. While TOV encouraged locals to build
and make improvements, he felt taxing those efforts was a deterrent. Mayor Osterfoss
suggested further research on this aspect of the ordinance, also. Residents and builders Nels
Peterson, Jim Guida, Bruce Yanke, Galen Aasland, and Ted Simonett all spoke against
passage of this ordinance. Bob Buckley commented on the high cost of living in TOV and felt
addition of this use tax was too much. He suggested TOV look into increasing the number
of uses of RETT dollars. Mayor Osterfoss said she wanted to review TOV's whole financial
picture in depth. Steve said the material for such review could be prepared for Council by
the June 9, 1992 work session. At this point, Jim Gibson moved to table Ordinance No. 15,
Series of 1992, indefinitely. This motion went unseconded, and after Larry Eskwith and
Steve expressed concern about possible passage of the proposed Bruce Amendment and
requested tabling of the ordinance to a specific date prior to the first week of August, 1992,
Jim Gibson recalled his motion. Rob LeVine did not feel there had to be another exhaustive
review of TOV's financial picture. He moved to pass Ordinance No. 15, 1992 on first reading,
with a second from Tom Steinberg. A vote was taken and the motion passed, 5-2, Mery Lapin
and Bob Buckley opposed. Second reading of the ordinance was set for July 7,1992, to allow
time for the requested investigation and clarifications.
Item No. 6 was Ordinance No. 17, first reading, an ordinance amending Title 2 -
Administration and Personnel of the Municipal Code of the Town of Vail, by the addition of
Chapter 2.56 concerning disposition of unclaimed property. Mayor Osterfoss read the title
in full. Steve Thompson explained the State was requiring a ten year accounting of
unclaimed deposits. All unclaimed money was to be returned to the State. He added this
ordinance would allow TOV to deduct costs involved with processing of this accounting. Jim
Gibson moved to approve Ordinance No. 17, 1992, on first reading, with a second from Mery
Lapin. Before a vote was taken, Tom Steinberg asked the value of unclaimed property.
Steve said the write off was a couple thousand dollars last year. A vote was taken and the
motion passed unanimously, 7-0.
Item No. 7 was Resolution No. 10, Series of 1992, a resolution opposing a statewide initiative
to raise the Colorado Sales Tax from 3% to 4%. Mayor Osterfoss read the title in full. Ron
Phillips briefly explained the content of the resolution. Rob LeVine requested a wording
change in paragraph 4 to indicate the one cent sales tax could, not will, increase visitor and
guest resistance to travel to Colorado. Jim Gibson objected to the resolution altogether,
saying he felt education was of utmost important. Ron pointed out this was a tax policy
question. Rob Levine moved to approve Resolution No.10, Series of 1992, with the requested
wording change. Tom Steinberg seconded the motion. A vote was taken and the motion
passed 6-1, Jim Gibson opposed. It was agreed a letter from Mayor Osterfoss would be
prepared and mailed to other municipalities requesting they adopt similar resolutions.
Item No. 8 was the appointment of two Local Licensing Authority Applicants. The first ballot
taken resulted in the selection of Mitzi Thomas with 6 votes, and a tie vote between Davey
Wilson and Don White at 4 votes each. A second ballot for the tie selected Don White.
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.
• Respectfully submitted,
PJ
ATTEST:
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Marais S. Raecker, Town Clerk
Minutes taken by Nrianne S. Deto
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