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HomeMy WebLinkAbout1992-06-16 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING JUNE 16, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 16, 1992, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Bob Buckley Jim Gibson Rob Levine Jim Shearer Tom Steinberg MEMBERS ABSENT: none 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. Jeff Bowen, representing the Vail/Eagle Valley Rotary Club, reported on the success of the 1st Annual Tree Planting Project along I-70. Jeff read a letter of thanks to all sponsors and participants. The second item on the agenda was a Colorado Public Radio update by Montine Clapper, head of the local committee working to bring Colorado Public Radio (KCFR-NPR) to Vail. Montine reported that the planning group has decided to raise the $21,000 funding needed to bring the translator for signal into the Vail Valley in the early fall of this year. That funding will be solicited from private donations. In time, the committee hopes to establish a studio in Eagle County, which would cost approximately $75,000, including the expense of the first year's operating budget. The group has applied to the National Telecommunications and Information Agency for a grant for this facility, and will also be seeking further community support. Ms. Clapper asked that a liaison from the Town of Vail be appointed to work with the local Colorado Public Radio committee. Ron Phillips was appointed to serve in that capacity. Third item on the agenda was Sandy Davies. Mrs. Davies introduced herself as the Democratic Candidate for County Commissioner, and briefly discussed her campaign strategy. Fourth item on the agenda was the appointment of a Planning and Environmental Commission member. • Voting was done by paper ballot, with Jeff Bowen receiving the highest number of votes. Tom Steinberg moved to appoint Jeff Bowen to the PEC, such term to expire February,1994. Jim Gibson seconded the motion. A vote was taken, and the motion passed unanimously. Fifth item on the agenda was a motion to rescind approval on first reading of Ordinance No. 15, Series of 1992, 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. Following a nine hour work session on June 9, 1992, at which the use tax was discussed extensively and then decided against in lieu of extending the term of Town debt and cutting numerous capital projects from the general fund and RETT, Mery Lapin moved to rescind the approval on first reading of Ordinance No. 15, Series of 1992, with a second from Jim Gibson. A vote was taken, and the motion passed, 5-2, Tom Steinberg and Rob LeVine opposed. Mery Lapin then moved to deny Ordinance No. 15, Series of 1992. Jim Gibson seconded that motion. A vote was taken, and the motion passed, 5-2, Tom Steinberg and Rob LeVine opposed. Item number six on the agenda was Ordinance No. 17, Series of 1992, second 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. Steve Thompson reported to Council that no changes had been made to the ordinance since the first reading. Jim Gibson moved to approve Ordinance No. 17, Series of 1992, on second reading. Tom Steinberg seconded. There was some discussion regarding the procedural aspects of the property disposition. Larry Eskwith and Steve Thompson stated it was important the Town have an ordinance in place prior to July of this year, or all property would have to be turned over to the state. They said specific procedure could be developed at a later date. A vote was taken, and the motion passed unanimously. Item number seven on the agenda was Ordinance No. 12, Series of 1992, first reading, an ordinance amending Chapter 2.32 of the Vail Municipal Code by the addition of Section 2.32.135 - Court Costs, empowering the Municipal Court Judge to assess court costs to be paid by defendants in the Municipal Court of the Town of Vail; and setting forth details in regard thereto. Larry Eskwith informed Council that this ordinance increases court costs to $15.00 for trials to the court and $30.00 for jury trials, bringing our municipal court charges in line with those of other municipalities. Rob LeVine moved to approve Ordinance No. 12, Series of 1992, on first reading. Mery Lapin seconded that motion. A vote was taken, and the motion passed unanimously. Item number eight on the agenda was Ordinance No. 13, Series of 1992, first reading, an ordinance amending Title 10 of the Municipal Code of the Town of Vail by the addition of Chapter 10.28 - Parking Infractions; and setting forth details in regard thereto. Larry Eskwith stated that this ordinance provides for a late fee of $5.00 if parking tickets are not paid within 21 days. Mery Lapin asked if there was any relationship between the $5.00 charge and the actual cost. Larry Eskwith said this figure was requested by the Court, and was similar to charges used by other municipalities. Steve Thompson said this additional fee had not been considered during the budgeting process. Jim Gibson moved to approve Ordinance No. 13, Series of 1992, on first reading. Jim Shearer seconded. A vote was taken, and the motion passed unanimously. •Item number nine on the agenda was Ordinance No. 19, Series of 1992, first reading, an ordinance concerning the refunding of certain outstanding obligations; authorizing the issuance and sale of $7,900,000 single family revenue refunding bonds, 1992 Series A, to refund such obligations; ratifying certain action heretofore taken; authorizing the execution and delivery by the Town of a trust indenture, bond purchase agreement, assignment and amendment of origination and service agreements, option to purchase mortgage insurance, closing documents and such bonds in connection therewith; making determinations as to the sufficiency of revenues and as to other matters related thereto; exercising the Town's option to redeem certain outstanding obligations; and repealing action heretofore taken in conflict herewith. Keith Tully, of George K. Baum, was present to give Council an update on the status of refunding the 1979 issue. Mr. Tully reported a projected $775,000 net savings to the Town, and indicated they were working for an A rating. Because of the high concentration of the Pitkin Development, the fact that they are all condominiums, and that this is a resort town, additional mortgage insurance and over-collateralization of the bond issue was needed in order to satisfy Moody's requirements. Upon questioning by Mery Lapin, Mr. Tully indicated that George K. Baum would realize a $102,000 fixed fee in this endeavor. Any profit generated through trading would go to the Town of Vail, and all bonds will be sold, with nothing held in inventory. In order to meet George K. Baum's timetable in offering bonds the week of June 29th, it was decided to call a special meeting on June 30th for the public hearing on this ordinance. Jim Gibson moved to approve Ordinance 19, Series of 1991, on first reading, with the second reading scheduled for a special meeting on June 30, 1992. Mery Lapin • seconded this motion. A vote was taken, and the motion passed unanimously. Item number ten on the agenda was the Town of Vail and Vail Resort Association Visitor Centers Agreement. As council was running ahead of the projected schedule, and Frank Johnson of the VRA was not yet in attendance, it was decided to move to item twelve on the agenda. Item twelve on the agenda was a call up by Town Council of the Design Review Board (DRB) decision approving the installation of an awning located on the west side of the Clock Tower Building (Gorsuch building) for the Ore House Restaurant, 232 Bridge Street, Lot A, Block 5, Vail Village First Filing. Shelly Mello gave a brief overview of the project, stating the owners of the Ore House Restaurant made a request to locate a green awning approximately 12' in depth with a combined length of 55' along the west side of the Clock Tower Building adjacent to Bridge Street. The Design Review Board voted 3-2 to approve the request, with Sherry Dorward citing in her motion the installation would extend the use of the deck and add vitality to the area. Ned Gwathmey and Gena Whitten of the DRB opposed the motion, finding that although the request did conform with a number of the Vail Village Design Considerations, it would enclose and narrow Bridge Street to an unacceptable level and would not comply with several of the Vail Village Design Considerations. Ore House owners Larry Anderson and John Beaupre presented their project and stated they had full support from .David Gorsuch, the building owner. Rod Slifer, owner of the adjacent building, stated he was concerned with the permanency of the year-round awning and the protrusion of the building into the street. Peggy Osterfoss said several Design Guidelines had not been met, specifically, there was no varied height, no irregular street edge, and the sun and shade issue on the deck had not been adequately addressed. After further discussion, Mery Lapin moved to uphold the DRB decision. Bob Buckley seconded that motion. A vote was taken, and the motion was defeated, 3-4, with Jim Gibson, Jim Shearer, Tom Steinberg, and Peggy Osterfoss opposed. Following further discussion, Mery Lapin moved to modify the DRB's approval to a one-year temporary approval with the plan as proposed. This motion also called for Larry Eskwith to draft a written agreement between the applicant and the Town regarding this temporary approval as it relates to the removal of the awning should it be determined that the installation does not meet the Vail Village design considerations. Bob Buckley seconded the motion. A vote was taken, and the motion passed, 4-3, Jim Shearer, Tom Steinberg, and Peggy Osterfoss opposed. At this time Council returned to items ten and eleven on the agenda. Item ten was the Town of Vail and Vail Resort Association (VRA) Visitor Centers Agreement providing for staffing of TOV's Visitor Centers by VRA. Item eleven was the Town of Vail and Vail Resort Association (VRA) Visitors Centers Agreement retaining VRA to act as a central reservations and marketing agent for TOV. Frank Johnson of the VRA was present to address Council questions on hours of operation. Frank responded that the VRA intends to extend operation hours on weekends during the summer. He also said the minimal number of calls between 6:00 P.M. and 8:00 A.M. do not make it cost effective for reservations to stay open during that time, that calls for information are handled by a recording, and that virtually all international business is done by FAX. Following further discussion, Jim Gibson moved to approve both the Visitor Centers staffing agreement and the central reservations and marketing agent agreement. Bob Buckley seconded. A vote was taken, and the motion passed unanimously. There being no further business, Mery Lapin moved to adjourn to Executive Session, seconded by Tom Steinberg. A vote was taken, and the motion passed unanimously. • The meeting was adjourned at 9:40 P.M. 0 • ATTEST: M.a- S. ao� Martha S. Raecker, Town Clerk Minutes taken by Martha Raker Respectfully submitted, U. Margaret A. Osterfoss, `M'1r61