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HomeMy WebLinkAbout1993-02-16 Town Council Minutesr MINUTES VAIL TOWN COUNCIL MEETING FEBRUARY 16, 1993 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 2, 1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order by Mery Lapin at 7.32 P.M. MEMBERS PRESENT: MEMBERS ABSENT: Mery Lapin, Mayor Pro-Tem Bob Buckley Jim Gibson Rob LeVine Jim Shearer Tom Steinberg Peggy Osterfoss, Mayor TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager The first item on the agenda was Citizen Participation. Al Weiss recalled that during the summer of 1992, TCI Cable Vision used Channel 31, the Weather Channel, as a paid channel to broadcast the Summer Olympics. After describing his pursuit for compensation for the loss of use of that channel, he explained he was contacted by TCI in Avon. TCI agreed to give Mr. Weiss one month free service. He agreed to that. Mr. Weiss said he asked TCI to inform their other subscribers about this agreement, but TCI was not willing to do that unless other subscribers called to complain. Mr. Weiss wanted TCI to comply with their legal responsibilities and obligations to their subscribers, and encouraged all TCI subscribers to call TCI to protest the loss of use of Channel 31 during the 1992 Summer Olympics, and ask for compensation. Mr. Weiss requested Council check into a possible franchise violation. Mr. Weiss secondly inquired about TOV's proposed purchase of the Vail Commons property. He noted each time TOV made a purchase of property, that property was removed from the tax roll. He felt the property should be allowed to be developed commercially by private enterprise and eventually become a means of revenue for TOV and the County. Rob LeVine felt Mr. Weiss raised a good point, and, if in fact that property was to cost TOV $3.6 million to purchase, it might only be appropriate to pay $3.0-$3.2 million since there would be additional long term costs to TOV as a result of the lack of taxable income from the property. Rob felt that needed to be factored into the worth of the property. There was brief discussion • about potential uses for the property. There was also discussion about property TOV purchased with RETT funds. It was explained that uses for property purchased with those funds were limited by what was set forth in TOV's RETT ordinance. Art Abplanalp spoke as a taxpayer and parent for the purpose of suggesting TOV review a proposal coming before the Eagle County Recreation Authority for the development of a portion of the Berry Creek 5th Filing, of which TOV holds a majority interest. He said on Thursday, 2/25/92, Q 7:30 A.M. (at Eagle Vail Pavilion), the Eagle County School District would be requesting from the Eagle County Recreation Authority permission to develop a definitive and final contract to allow the development of a portion of Berry Creek 5th Filing for construction of a new middle school. He said the District proposed a transfer of approximately 10 acres without monetary consideration except for the installation of infrastructure. First, he discussed complaints Eagle County officials had heard about the environmental conditions in and around Malloy Park, particularly regarding the Minturn Middle School. He observed that the widespread perception of a health hazard might be just as important as the question of whether there actually was a hazard. Secondly, he discussed the School District's study which indicated the Middle School would be overcrowded this fall, and the overcrowding problem would increase dramatically in the next two years. Mr. Abplanalp suggested TOV instruct its representative to the Eagle County Recreation Authority, Mery Lapin, to vote that any grant to the School District for permission to develop the Berry Creek 5th Filing be conditioned upon the creation of a middle school facility which 10 would serve all of eastern Eagle County, including the Town of Vail. Mr. Abplanalp noted the Board of Directors of the Berry Creek Metropolitan District supported the position of making the additional 5 acres available if the School District decided to construct an appropriately sized middle school at this site. He felt similar support from TOV, which was the entity owning the largest interest in the Berry Creek 5th Filing, seemed appropriate. In summary, Mr. Abplanalp suggested TOV examine this question and take two steps: (1) allow the Eagle County School District to use the acreage in the Berry Creek 5th Filing, and (2) permit use of the Berry Creek 5th Filing for construction and operation of a middle school. He felt this was a unique opportunity which should be taken advantage of to avoid the future possibility of having to build an entirely separate middle school at a substantially increased cost. Mery requested at least one or two Council members accompany him to the Thursday, 2/25/92, meeting of the Eagle County Recreation Authority to hear The Eagle County School District's proposal. Item No. 2 on the agenda was Ordinance No. 1, Series of 1993, second reading, an ordinance repealing and reenacting Ordinance No. 41, Series of 1991, to provide changes to Area A requirements for SDD No. 4 that concern the development plans for The Waterford and The Cornerstone Development Building Sites; and setting forth details in regard thereto. The applicant was MECM Enterprises and Commercial Federal Savings. Shelly Mello advised the applicants had asked for a continuance to the next evening meeting. Rob Levine moved to continue Ordinance No. 1, Series of 1993, second reading, until March 2, 1993, with a second from Jim Gibson. Before a vote was taken, Shelly explained the applicant had received TOV's requirements and estimate for the road improvements, and had also pursued a private estimate which appeared to be in line with TOV's. At this time the applicant was communicating with the individual entities involved to secure support for funding. They proposed to come back in two weeks with a proposal for how the road improvements would be funded. Mery Lapin noted Larry Grafel's memo to Council dated February 12, 1993, regarding Westhaven Drive Improvements stated the Public Works Department had reviewed information provided by the applicants and had analyzed it with regard to the subdivision ordinance standards for public streets. The memo provided details concerning what TOV felt was necessary to bring the road up to TOV standards. The cost for that was estimated at $97,500. In that memo, Larry Grafel also stated some type of assurance had to be provided to TOV, perhaps through performance bonding of 125% of the project cost. Further, Larry Grafel felt a time frame for completion should be established and tied to the Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO) of the project. Mery asked Kristan Pritz if she had reviewed all of the documents of the SDD to be certain that all of the requirements of the SDD were being satisfied at this time so there were no remaining requirements, including recreational amenities, tree planting, landscaping, etc. Kristan said there were a few things still to be done, but they were unrelated to these projects. Shelly felt the biggest condition remaining dealt with the construction of a sidewalk in front of Westhaven Apartments, and she said that was being addressed with this project. Because this was originally a single developer SDD and was now a multiple developer SDD, Mery asked if there was anything the original developer did not do that still had to be done. Shelly said there was one recreational amenity that was to be placed in the center courtyard area • between the Cornerstone Project, the Conference Center, and the Terrace Wing. Shelly said that this was addressed at the Planning and Environmental Commission (PEC) level, and it was not modified by the PEC, but they allowed for it to be modified by the Design Review Board (DRB). The PEC left that open to the DRB. The PEC did not feel that water feature was necessarily critical or even sensible with the current plan. She felt that was the only wide spread amenity throughout the project that was not completed in its entirety. Jim Gibson called the question. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 3, Series of 1993, first reading, an ordinance concerning the issuance of Local Improvement Refunding Bonds of the Town of Vail, Colorado for the Booth Creek Local Improvement District; ratifying action heretofore taken in connection therewith; prescribing details in connection with said Bonds and District; prescribing duties of certain Town officials in connection therewith; repealing all ordinances and other action of the Town to the extent inconsistent herewith; and providing other matters relating thereto. Steve Thompson explained this was the refunding issue which would refund the bonds outstanding now. He said on April 1, 1993, TOV would call $65,000 worth of the bonds because of the assessments TOV had received to date, so the refunding was for $300,000, and the new interest rate was 7.25% as opposed to 9.5% on the bonds. He said the bonds matured on April 1, 1999. He noted the owners had ten years to pay their assessments off from 1993, • so the bonds were due sooner than the assessments were due. If there were any bonds outstanding on April 1, 1999, TOV would have to loan the bond fund money to call the bonds. Steve said TOV was considering charging owners 7.75% (an additional 1/2% over TOV cost) because of costs TOV would incur for bond attorney work and agent fees on this reissue. Jim Gibson moved to approve Ordinance No. 3, Series of 1993, on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. There being no further business, the meeting was adjourned at 8:05 P.M. Respectfully submitted, Margaret A. Osterfbss, Mayory ATTEST: Pamela A. Brandmeyer; Acting Town Clerk Minutes taken by Dorianne S. Deto A 0 EC�lVEO f E 8 2 �`' VAIL VILLAGE INN Village Inn Plaza Condominiums February 22, 1993 Town Council l Town of Vail 75 S. Frontage Road Vail, Co. 81657 Dear Mrs. Mayor and Councilmen: I am writing to you in regards to the $47,500 that Vail Village Inn is required to pay towards the cost of moving the Ski Museum. When we built Phase V we agreed to provide approximately 4,000 square feet, fee simple, to the Town of Vail so the Ski Museum could be moved across the street to our location, thereby providing open space. In addition, we agreed that when we built Phase IV we would contribute up to $75,000 towards the expense of moving the Ski Museum. At that time, Phase IV was planned to be a $20 million project, and $75,000 would not have been an excessive amount in the overall scheme of things. In the meantime, economic conditions have forced us to scale down Phase IV to a mere 16 rooms instead of the 180-200 that were originally planned; there- fore $75,000 in a $3 million project becomes a.substantial amount to add to the cost of the project. It was estimated by the Town's staff that the removal of the Ski Museum building has cost approximately $27,500 - which we have paid. Unfortunately, due to circumstances beyond anybody's control, such as asbestos abatement, the American Disability Act, and other code lb regulations, we are faced with the fact that the project has in excess of a 30 percent cost overrun and although we have been successful in selling the condominium at a good price, we are faced with a $2 million debt service on 16 rooms instead of a $1 million debt service as originally projected. This of course has placed a tremendous burden not only on our cash reserves, but also on our ability to borrow additional funds. We have .put all this season's profits into the project and are now having to face the off- and Summer seasons with no cash reserves. I appeal to your sense of fairness to determine whether a relatively small project - only one fifth of the size of the originally planned Phase IV - should pay the same amount as for a project five times its size. In closing, I would like to reiterate that we have provided 4,000 square feet, which is presently occupied by the Vail Valley Tourism & Convention Bureau, and have paid $27,500 to the Town to offset the cost of removing the old Ski Museum building and landscaping the area. At this time, we are in the unfortunate position of seeing ourselves facing the off-season with no cash reserves and are totally unable to come up with a major payment such as $47,500. /Continued.. 100 East Meadow Drive Vail, Colorado 81657 (303) 476-5622 FAX (303) 476-4661 Town Council Town of Vail February 22, 1993 Page 2 I hope that you will have an opportunity to discuss my problem amongst yourselves and that subsequently I will have the chance to discuss this situation at your earliest convenience at a Work Session. Sincerely, Josef Shafer Presi ent JS/jem cc: Kevin McDonald Senior Vice President 1st Bank of Vail 17 Vail Road Vail, Colorado 81657 0