HomeMy WebLinkAbout1992-08-04 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 4, 1992
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 4, 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
Jim Gibson
Rob Levine
Jim Shearer
Tom Steinberg
MEMBERS ABSENT: Mery Lapin, Mayor Pro-Tem
Bob Buckley
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. Kim Langmaid, Tim Luskow, Pat
McIlveen, Evie Nott, and Paul Rondeau voiced mutual concerns about the Par 3 Golf
Course/Booth Creek development. They each felt there was a lack of public knowledge about
the issue, and requested a community -wide public hearing and review of the issue. Mayor
Osterfoss stated there had been ample public process, but Council agreed to schedule a final
joint Council/Vail Recreation District (VRD) public meeting to receive additional public input.
Hermann Staufer agreed to work with Ron Phillips and the VRD to organize a public meeting
to be held after the Planning and Environmental Commission (PEC) public meeting
scheduled for August 10, 1992. Larry Eskwith advised there would not be a problem with
delaying execution of the lease with the VRD on the project until after the final public
hearing and review.
Next, Diana Donovan expressed concern about the condition of the road between Gold Peak
and the soccer field. Peggy Osterfoss advised funds for improvements to that road were in
the budget.
Lastly, Josef Staufer asked for an update on the Vail, cemetery issue. Kristan Pritz informed
Mr. Staufer candidates had been interviewed for re -activation of the Cemetery Task Force.
Paul Rondeau noted he had reviewed the Cemetery RFP, and felt the RFP should have been
• more concise in stating overall objectives. Peggy Osterfoss encouraged Mr. Rondeau to speak
further with Kristan about participating on the Cemetery Task Force.
Item No. 2 was a Consent Agenda consisting of three items:
A. Approval of July 7, 1992, and July 21, 1992, Evening Meeting Minutes.
B. Ordinance No. 11, Series of 1992, second reading, an ordinance amending
Chapter 18.24 of the Municipal Code of the Town of Vail by the addition of
Section 18.24.058, controlling undesirable plants within the Town, declaring
such plants a nuisance, setting forth penalties for the violation of this
ordinance; and setting forth details in regard thereto.
C. Ordinance No. 18, Series of 1992, second reading, an ordinance amending
Section G of the Vail Village urban design considerations relating to the
protection of views within the Town of Vail and creating a new chapter of the
Municipal Code of the Town of Vail to provide for the protection of certain
views within the Town and setting forth the details in regard thereto.
Mayor Osterfoss read the titles in full. Tom Steinberg requested item B, Ordinance No. 11,
Series of 1992, be removed from the Consent Agenda for additional discussion. Jim Gibson
then moved to approve Consent Agenda items A and C, with a second from Tom Steinberg.
A vote was taken and the motion passed unanimously, 5-0.
Discussion of item B, Ordinance No. 11, Series of 1992, followed. Larry Eskwith noted the
potential jail penalty for violation of this ordinance, and the inclusion of Russian and
Canadian Thistles as undesirable plants had been deleted from this ordinance since first
. reading. He suggested the request from Council to include a public education program as
part of this ordinance be taken care of separately by the Public Works Department through
announcements, meetings, and a photo campaign. Todd Oppenheimer stated the purpose of
this ordinance was to fulfill a State mandate, part of which required an educational program
as part of an integrated weed control management plan. Todd indicated the educational
program was something he could organize. Flo Steinberg initiated discussion regarding
environmental hazards related to chemical spraying of weeds. Peggy Osterfoss explained the
weeds named in this ordinance had very negative potential with regard to agriculture, and
added that was the reason the State had asked TOV to cooperate with removal of them. She
specified this ordinance had nothing to do with chemical spraying of weeds or any policy of
how weed control was accomplished. Flo agreed, but noted TOV had been spraying for years,
and was concerned spraying would continue without question. She felt Council should
consider that issue. Nancy Rondeau, volunteer coordinator at the Vail Alpine Garden, also
expressed concern about chemical spraying in Town. She felt the chain reaction after use of
these chemicals was not fully understood. Rob LeVine agreed, but repeated Peggy's note that
spraying control was not the intention of this ordinance, and added this ordinance clearly
indicated removal of the four specified weeds was to be accomplished in an "ecologically
feasible and environmentally safe manner." Council agreed the issue of chemical spraying
should be an issue to be addressed separately. Peggy asked Todd to prepare a report on TOV
weed control practices for discussion as a separate issue at a worts session.
• Hermann Staufer wondered if Council had considered the TOV as the biggest landowners in
the Valley, and asked if TOV would have to hire someone to make sure the weeds were
removed from all TOV property. Tom Steinberg noted this was a State mandate without any
funding source, and felt the only reason it was in place was for the agricultural interests.
He expressed desire to challenge the State on it. Rob LeVine agreed the agricultural
community was asking for cooperation, but felt the tourism based economy may need
cooperation from other parts of the state at some point. He felt cooperation and working
together within reason was appropriate. Jim Shearer agreed with Rob, and felt if TOV was
responsible with its eradication methods, this ordinance should be passed. Jim Gibson felt
cooperation with the State was in order because the issue of the four weeds in the ordinance
had presented problems elsewhere. Peggy felt when TOV could cooperate with the State, she
was in favor. Jim Gibson then moved to approve Ordinance No.11, Series of 1992, on second
reading, with a second from Jim Shearer. A vote was taken and the motion passed, 4-1, Tom
Steinberg opposed. Peggy noted the public education program, weed control, chemical
spraying and fertilizer use reports to be organized by Todd were awaited.
Item No. 3 was Ordinance No. 20, Series of 1992, second reading, an ordinance amending
Section 16.24.010(G) of the Vail Municipal Code, setting forth provisions relating to signs
displayed on balloons which are associated with a special event within the Town of Vail.
• Mayor Osterfoss read the title in full. Tim Devlin briefly reviewed the revisions to this
ordinance since first reading. Peggy noted that following a discussion of this ordinance, the
next agenda item was Ordinance No. 21, Series of 1992, an emergency ordinance setting forth
a special review process to allow for staff approvals for temporary signage, structures, street
decor, and other temporary improvements for the 1992 Mountain Bike World Cup Finals.
Ron Phillips suggested both ordinances be discussed simultaneously. He explained there had
been considerable concern expressed by a number of people in the community about
Ordinance No. 20, Series of 1992, and, therefore, emergency Ordinance No. 21, Series of 1992,
had been proposed for consideration as an option to Ordinance No. 20. He noted Ordinance
No. 21 was patterned after an emergency ordinance adopted by Council in 1988 to allow for
this same procedure to take place for the 1989 World Alpine Ski Championships in Vail.
Peggy explained Ordinance No. 20 would allow cold air balloons in a fairly controlled setting
on an ongoing basis in conjunction with special events, whereas Ordinance No. 21, would
allow cold air balloons in conjunction with one upcoming event scheduled for September 3-7,
1992, Labor Day weekend. Ron said, after having met with John Garnsey of the Vail Valley
Foundation (VVF), substituting a compromise would be appropriate as an emergency at this
point, due to the time frame involved with a second reading. Discussion followed about the
nature of cold air balloons and their place in Vail. John Garnsey said the VVF was
philosophically in agreement with Council regarding cold air balloons. However, he advised
for this particular event, three sponsors representing $30,000 toward this event, would not
support this event if they could not use this form of advertising. He said the VVF resisted,
but, based on what the VVF perceived as minor opposition to Ordinance No. 20, 1992, which
passed on first reading, the sponsors signed agreements to participate. Mr. Garnsey said the
VVF did not have the capability to find replacements for these sponsors if they pulled out,
and subsequently, the loss of $30,000 for the event, and possibly loss of the event was there.
The VVF now asked Council for help because of the predicament the VVF was in. Josef
. Staufer, Eric Affeldt, Jim Lamont, and Hermann Staufer spoke against allowing the cold air
balloons. Further, Mr. Staufer did not feel emergency ordinances were designed for this type
of circumstance. Pat McIlveen, professional mountain biker, stated there had been cold air
balloons, hot air balloons, banners, and all different types of signage as part of races he had
participated in, and he felt all of these forms of advertising were part of the excitement of the
events. After Council members voiced further individual feelings regarding Ordinance No.
20, Series of 1992, Tom Steinberg moved to deny Ordinance No. 20, Series of 1992, on second
reading, with a second from Jim Gibson. A vote was taken and the motion passed, 4-1, Rob
LeVine opposed.
Further discussion followed about Ordinance No. 21, Series of 1992. Jim Gibson felt an
emergency ordinance should be a very rare occurrence for something very crucial to the Town
and the citizenry of Vail. Tom Steinberg agreed. They felt this was a misuse of emergency
ordinance rulings. Peggy said there was Council consensus for approaching this as a regular
ordinance rather than an emergency ordinance. Discussion of Ordinance No. 21 as a regular
ordinance allowing cold air balloons for this single event culminated in a motion by Jim
Shearer to approve Ordinance No. 21, Series of 1992, on first reading, as a regular ordinance
with the inclusion of the cold air balloon limitations previously incorporated into Ordinance
No. 20, Series of 1992, before it was denied on second reading. Rob LeVine seconded the
• motion. A vote was taken and the motion passed, 4-1, Jim Gibson opposed. Peggy added,
because TOV was working with the VVF, and because Council had passed Ordinance No. 20
on first reading, it would be appropriate to support the cold air balloons for this specific
event.
Item No. 5 was Resolution No. 13, Series of 1992, a resolution authorizing the Town of Vail
to hire certain consultants to provide expert advice to the Town for the purpose of protecting
the Town's interest in the proper operation and management of Vail Associates, Inc. (VA.)
Mayor Osterfoss read the title in full. She explained the future success of VA was
inextricably connected to the future success of Vail, and TOV felt it was important for the
Town to be kept informed of the options for working with VA to further the interest of all
community members by fulfilling TOV's fiduciary responsibility to the community. She
strongly emphasized this resolution in no way indicated any decision or predisposition. Jim
Gibson moved to approve Resolution No. 13, Series of 1992, with a second from Jim Shearer.
Before a vote was taken, Eric Affeldt asked whether a dollar limitation had been set for the
cost of this research. He also asked what had been spent to date. Larry Eskwith said
approximately fifteen thousand dollars had been paid to Kutak Rock for monitoring the GHI
bankruptcy proceedings. Joe Macy also inquired about the cost. Larry indicated potential
cost was dependent on actual tasks to be accomplished, and Ron Phillips noted potential cost
• for this work had been discussed in Executive Session. Peggy advised estimated potential
costs ranged from $25,000 to $50,000. A vote was then taken and the motion passed
unanimously, 5-0.
Item No. 6 was Resolution No. 15, Series of 1992, a resolution recognizing Madame Sophia
Golovkina as an honorary citizen of the Town of Vail. Mayor Osterfoss read the title in full.
Jim Gibson moved to approve Resolution No. 15, Series of 1992, with a second from Jim
Shearer. A vote was taken and the motion passed unanimously, 5-0.
Item No. 7 was selection of an underwriter for the planned refunding of some of the Town's
existing debt issues. Steve Barwick noted Hanifen Imhoff had been hired by TOV as
financial advisor to evaluate proposals from underwriters. Steve introduced Nate Eckloff,
Senior Vice President of the investment banking firm, Hanifen, Imhoff, Inc. Mr. Eckloff
explained a memo from his firm to Council dated August 4, 1992, regarding their evaluation
of proposals to refund the Town's sales tax revenue bonds. He detailed the background,
methodology, and analysis procedure of the proposals received. He explained his firm's
recommendation to combine Kemper Securities as senior managing underwriter and George
K. Baum as co -manager. Steve said negotiations had been conducted with both firms, and
an agreement had been reached on how this arrangement would be structured and split
between the two firms. After brief discussion, Rob LeVine moved to adopt staffs
recommendation to hire Kemper Securities as the lead underwriter, and George K. Baum as
the co -manager. Jim Gibson seconded the motion.. A vote was taken and the motion passed
unanimously, 5-0.
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Prior to moving to the next agenda item, Tom Steinberg asked Steve Jeffers, representing
George K. Baum, about the status of the Pitkin Creek bonds. Mr, Jeffers advised the bonds
closed with no last minute problems.
Item No. 8 was the review of a Town of Vail Agreement for Fire Suppression and Protection
! Services between the Town of Vail and Vail Associates, Inc. Dick Duran briefly explained
the agreement. Tom Steinberg moved to approve the agreement between TOV and VA for
fire suppression and protection services, with a second from Rob LeVine. A vote was taken
and the motion passed 5-0.
Item No. 9 was review of a proposed contract for Town of Vail 1992 Street Seal Program.
Larry Grafel explained the upcoming maintenance program, and noted this was a new
investment for a program to extend the life of roadways included in the project from five to
eight years. Memos dated July 24, 1992, and July 30, 1992, from Public Works listed bidder
results, project time frame, and explained the street seal program process. Ron Phillips added
it was felt this was a major maintenance program Council should be informed of and have
the opportunity to review before execution of a contract to proceed. After discussion primarily
concerning heavy construction equipment impact on the roadways, Council unanimously
agreed to approve execution of the contract, 5-0.
Item No. 10 was a Town Council appeal of the PEC decision to approve a request to amend
a condition of a previously approved exterior alteration relating to the CCI parking pay -in -
lieu fee for the Red Lion Building, located at 304 Bridge Street. The pay -in -lieu option allows
businesses in Vail Village and Lionshead to pay the Town a fee instead of building parking
• spaces in pedestrian areas. Mike Mollica briefly reviewed the background and description
of the applicant's request as described in the Community Development Department's (CDD)
memo to the PEC dated July 27, 1992. Jay Peterson, representing the applicant, Vencura,
Ltd., requested Council uphold the PEC decision to delete the previously accepted condition
requiring the applicant to pay any incremental increase in the Town's pay -in -lieu parking
fees established within two years from the time a building permit was issued for the Red
Lion Building redevelopment. The applicant, through Mr. Peterson, had accepted that
condition of approval at the April 17, 1990 Town Council evening meeting. After accepting
this condition and completing the Red Lion redevelopment, Mr. Peterson said he became
aware of two other projects, the GasthofT Gramshammer and the Lancelot additions, which
were not required to pay the increased pay -in -lieu fee. Mr. Peterson felt it was unfair that
the condition was not placed on all additions. Jim Gibson said there was a difference in this
case in that the owners of the other developments said, at the time of the review of their
plans, they were unwilling to pay the higher fee, and the applicant in this case agreed to pay.
After discussion, Jim Gibson moved to overturn the PEC's decision of July 27, 1992,
approving a request to amend a condition of a previously approved exterior alteration relating
to the CCI parking pay -in -lieu fee for the Red Lion Building. Jim Shearer seconded the
motion. A vote was taken and the motion passed unanimously, 5-0.
There being no further business, a motion to adjourn the meeting was made and passed
• unanimously. The meeting was adjourned at 10:10 P.M.
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ATTEST:
Martha S. Raecker, Town Clerk
Minutes taken by Dorianne S. Deto
CAMarsnuca.sz
Respectfully submitted,
Ll
Margaret A. Osterfoss, Ma or
TRANSCRIPT OF THE RECORDED PROCEEDINGS
OF THE REGULAR EVENING MEETING OF
THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO
AGENDA ITEM 45: RESOLUTION NO. 13, SERIES OF 1992
COUNCIL CHAMBERS
VAIL MUNICIPAL BUILDING
75 SOUTH FRONTAGE ROAD
VAIL, COLORADO
(303) 479-2100
TUESDAY, AUGUST 4, 1992
COUNCIL MEMBERS PRESENT: Margaret A. Osterfoss, Mayor
Jim Gibson
• Rob LeVine
Jim Shearer
Tom Steinberg
TOWN OFFICIALS PRESENT: Rondall V. Phillips, Town Manager
Larry Eskwith, Town Attorney
Martha S. Raecker, Town Clerk
CITIZENS PARTICIPATING: Eric Affeldt, representing RSL
Joe Macy, representing Vail
Associates
L J
TRANSCRIPT OF AGENDA ITEM NO. 5, RESOLUTION NO. 13, SERIES OF 1992, •
OF THE TOWN COUNCIL MEETING OF THE TOWN OF VAIL HELD ON AUGUST 4,
1992.
PEGGY OSTERFOSS: Next item on the agenda is Resolution 13,
Series of 1992, a resolution authorizing the
Town of Vail to hire certain consultants to
provide expert advice to the Town for the
purpose of protecting the Town's interest in
the proper operation and management of Vail
Associates, Incorporated. This resolution has
arisen based on the fact that, as we are all
aware, the future success of our community is
•
inextricably connected to the future success
of the ski company, and, to be specific, the
Town is concerned with being informed
regarding options for working with ownership
to further the interest of all members of our
community. This resolution in no way, in no
way, shape, or form indicates any mind set or
decision or predisposition. It is simply
because of the importance of the ski area to
the Town of Vail, and let me underscore once
again that nothing should be read into this
•
other than fulfilling our fiduciary
responsibility to the community.
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JIM GIBSON:
. JIM SHEARER:
PEGGY OSTERFOSS:
ERIC AFFELDT:
PEGGY OSTERFOSS:
• ERIC AFFELDT:
PEGGY OSTERFOSS:
ERIC AFFELDT:
PEGGY OSTERFOSS:
LARRY ESKWITH:
•
I move for approval of Resolution No. 13,
Series of 1992.
Second.
Moved by Jim Gibson, seconded by Jim Shearer.
Is there discussion? Eric.
Just a quick question, whether this calls for
an open checkbook or whether it is a dollar
limitation, or whether, who knows, have you
all discussed that?
I think that is a difficult and appropriate
question and a difficult one to answer. There
is no question that it will require the
expenditure of some money.
But at this point the council hasn't
determined that it's worth fifty thousand or
five hundred thousand dollars to do this
research.
That's true.
O.K. What has the council spent to date on
this type of research?
I think Larry can confirm, I think, is it
fifteen thousand or something?
I think that we've paid Kutak Rock
approximately fifteen thousand dollars to both
monitor the bankruptcy proceedings which
involved going to various hearings, reviewing
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various court pleadings, and, in addition,
they have also done a certain analysis of
various plans that have been filed with the
court for reorganization and an analysis of
the final plans as well for that sum.
ERIC AFFELDT:
O.K. Thanks.
PEGGY OSTERFOSS:
Thanks, Eric. Other comments? Joe.
JOE MACY:
I am Joe Macy with Vail Associates. Has the
Town seen the proposal from these lawyers or
from this investment bank and if so what are
the amounts for these services that you are
soliciting and putting out an RFP, what's
going on?
PEGGY OSTERFOSS:
Well, there has been, I'm not sure that, maybe
Larry can answer that.
LARRY ESKWITH:
There have been discussions with various
potential attorneys, there have been no
discussions with investment bankers, there
have been estimates of a potential cost with
various types of tasks depending on what tasks
we need to have accomplished.
JOE MACY:
I think Eric asked a very good question. Are
you looking at spending fifteen thousand, five
thousand, five hundred thousand? I mean I
spend as much time here as many of you do and
I know that you don't go ahead in other
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situations and make decisions with a blank
check. .
. PEGGY OSTERFOSS:
You know -
RON PHILLIPS:
I don't think there's a blank check, Joe. I
think the council has an idea of what it may
cost to do this work. That's been discussed
in executive session.
JOE MACY:
Maybe the public would like to hear the
magnitude of that number, whether it's small,
large or medium. I mean you talked about your
fiduciary responsibility just a moment ago.
Now you're basically saying you're going to go
out and do whatever it is that you want to do
•
and you don't know how much it's going to
cost. I mean I think the citizens of this
Town, Peggy, I think have a right to know how
much you're going to spend on this thing.
PEGGY OSTERFOSS:
Maybe twenty-five thousand, maybe fifty
thousand. I mean, I think, Joe, that you know
I guess that I can name a number here and I
think that it would be in that range.
JOE MACY:
Thank you for that answer.
PEGGY OSTERFOSS:
Other comments.
JIM GIBSON:
Call the question.
PEGGY OSTERFOSS:
O.K. The question has been called. All in
favor of passing Resolution 13, Series of
W
1992.
JIM GIBSON: Yes.
ROB LEVINE: Yes.
JIM SHEARER: Yes.
TOM STEINBERG: Yes.
PEGGY OSTERFOSS: Opposed?
(pause)
PEGGY OSTERFOSS: And I'm in favor, that passes unanimously.
Thank you very much.
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