HomeMy WebLinkAbout1993-04-20 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
APRIL 20, 1993
16 7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 20, 1993, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30
P.M.
MEMBERS PRESENT:
TOWN OFFICIALS PRESENT:
Peggy Osterfoss, Mayor
Mery Lapin, Mayor Fro-Tem
Jim Gibson
Jim Shearer
Tom Steinberg
Rob LeVine
Bob Buckley
Larry Grafel, Acting Town Manager
Holly L. McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. Bob Buckley thanked Mery Lapin
for his generosity, time, and effort coordinating and hosting the Vail International Hockey
Tournament during the week of April 8, 1993.
Item No. 2 on the agenda was the appointment of one new member to the Planning and
Environmental Commission (PEG). The candidates, interviewed by Council on April 13,1993,
were Walter D. Allen, Rivers A. Jardis, Donna M. Lang, Allison G. Lassoe, and Ken Sortland.
There was one position available. A ballot was taken, and Mery Lapin moved to appoint
Allison G. Lassoe to the PEC for a two year term ending in February, 1995. Jim Gibson
seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
Item No. 3 was Ordinance No. 8, Series of 1993, second reading, an ordinance making
supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the
Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992
Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail,
Colorado; and authorizing the expenditures of said appropriations as set forth herein; and
setting forth details in regard thereto. Mayor Osterfoss read the title in full. Steve
Thompson discussed changes to General Fund and Capital Projects Fund figures shown in
the ordinance since first reading. He noted $4,500 had been added for the "Will Call
Inspection Program," a cellular phone program for TOV's building inspectors, and explained
the program, its benefits, and estimated revenue. He advised he had listed the $4,500 under
supplemental appropriations, and asked Council if they wanted to implement the program
now before TOV changed the ordinance to charge an additional fee for the program. If the
fee structure had to be changed, it would have to be changed by ordinance. Jim Gibson
moved to approve Ordinance No. 8, Series of 1993, on second reading with the immediate
implementation of the "Will Call Inspection Program." Tom Steinberg seconded the motion.
A vote was taken and the motion passed unanimously, 7-0.
Item No. 4 was Ordinance No. 10, Series of 1993, first reading, an ordinance rezoning three
tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space
Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40
acre parcel located north and east of the main Vail I-70 interchange. The applicant was SBC
Development Corporation, a Colorado Corporation, represented by Jay Peterson. Mayor
Osterfoss read the title in full. This ordinance had originally been read and approved on first
reading on April 16, 1991, as Ordinance No. 11, Series of 1991, but staff believed that since
so much time had past since the initial reading, the ordinance should be reconsidered at this
time and republished in full. Mike Mollica explained this was one of the final steps in
planning process for Spraddle Creek. As detailed in the CDD memo dated April 20, 1993,
to Council, the Final Plat for a major subdivision for Spraddle Creek was approved by the
PEC with a number of conditions. One of the conditions stated that, "After final plat
recording and before any building permits are released for site improvements or individual
residences, the following condition must be met: The rezoning of all open space tracts within
the subdivision shall be approved by the Vail Town Council. The requested zone designation
shall be Green Belt and Natural Open Space." The applicant agreed to that condition, and
the PEC had recommended approval of the rezoning request. A map of Spraddle Creek
Estates was posted and reviewed by Council. It was determined that Vail Associates, Inc.
(VA) had a listing on this property, and Kevin Lindahl, attorney representing TOV due to a
possible conflict of interest for Town Attorney, Larry Eskwith, advised that Bob Buckley
should step down from further discussion and not vote on this item due to a possible conflict
of interest. There was lengthy discussion concerning the ownership and maintenance of
Spraddle Creek Road. Mery Lapin explained that his questions about this issue were related
to ongoing TOV/Forest Service land negotiations. In response to Jim Shearer's inquiry, Mr.
Peterson noted that when this ordinance was originally read and approved on first reading
in 1991, the open space tracts had not been dedicated to the TOV. He said the land had been
owned by George Gillett at the time, but now, the Homeowners' Association, as part of its
covenants, were obligated to maintain the open space. There was also discussion about
whether taxes on the property had been paid and related particulars. Mr. Lindahl explained
if this parcel transferred to the Homeowners' Association, through recent legislation, there
would not be taxes due on it. He said this being a new subdivision, if it was conveyed to the
Homeowners' Association this year, there should not be taxes due on it as long as all previous
years' taxes were paid. Mr. Peterson felt 1993 taxes would probably have to be paid on the
whole subdivision. Jim Gibson moved to approve Ordinance No. 10, Series of 1993, on first
reading, with a second from Jim Shearer. Before a vote was taken, Mike stated that the
appropriate findings were built into the body of the ordinance. Mery asked that the motion
for approval state that the ordinance was conditional upon the payment of 1993 taxes, and
that the open space tracts be deeded to the association, but after review of those conditions,
Mery asked instead that staff be directed to make sure the taxes were paid. Tom Steinberg
suggested that as a condition of approval, the open space tracts be deeded to the
Homeowners' Association. Mayor Osterfoss wanted to be certain the land would remain open
space, and in the event of a tax sale, TOV would have an opportunity to acquire the open
space lands. Mr. Lindahl felt it was unlikely that the State of Colorado would change its
position on taxation. The State currently does not assess taxes on open space owned by
Homeowners' Associations, given that the value of that property was reflected in the
individual parcels value, and as long as it was held by that association for the benefit of those
properties, those properties were worth more because they were adjacent to open space. After
additional discussion concerning taxation and zoning, a vote was taken and the amended
motion passed, 6-0-1, Bob Buckley abstaining.
Bob Buckley rejoined Council.
Item No. 5. was Proclamation No. 3, Series of 1993, a proclamation designating May 1, 1993,
as Law Day U.S.A. Mayor Osterfoss read the proclamation in full. After brief discussion,
Tom Steinberg moved to approve Proclamation No. 3, Series of 1993, with a second from Jim
Gibson. A vote was taken and the motion passed unanimously, 7-0.
Before agenda item No. 6, Mayor Osterfoss returned to topics of discussion not completed
during this date's Work Session:
All Council members agreed to schedule their all day Council Long Term Goal Setting
session for Wednesday, May 26, 1993.
* Mayor Osterfoss noted that one issue brought to light during recent focus groups was
that the public seemed unaware of Council's and TOV's goals, visions, and mission. It was
felt the public seemed generally unaware of issues on Council agendas, and better ways of
informing the public were being examined. Mayor Osterfoss suggested pursuing donated or
purchased space in all three newspapers to list Council's upcoming agendas and goals Council
would be working toward including notations describing progress made on those goals. She
asked Caroline Fisher to report on TOV's ongoing informational efforts. Caroline noted she
had been working to utilize PR avenues in TOV's communications with the public, including
press releases and free media coverage. She said TOV had received a lot of support from the
papers and the radio stations in trying to get out the Town's message, but it had been
unanimously expressed in recent focus groups that perhaps newspaper space should be
purchased regularly to print Couneffs agenda. She urged residents to call the local papers
to let them know they think this would be a worthwhile use of space. Mayor Osterfoss noted
Cliff Thompson, ABC Times Editor, had told her not only Council's agenda should be
published, but also the Council goals and an update of what Council was doing was important
public information. He felt his paper, except during very peak periods would be willing to
provide space at no cost to TOV. Mayor Osterfoss felt it would be unfortunate if TOV had
to pay to provide this information in other papers. Caroline thought perhaps a compromise
could be negotiated with the papers. Mery Lapin suggested TOV goals and the names and
phone numbers of Council members be broadcast on Town of Vail Information Station,
Channel 11. Council reached consensus to pursuing these additional public information
avenues.
* Caroline Fisher also reported the Citizen Surveys had been mailed last week, and
responses were coming back at an average of 65 per day. She noted the response forms were
pre -stamped for easier return.
* Larry Grafel presented a number of Information Update items including a review of
upcoming meetings, and information regarding the scope of advertising and response to date
for the Vail Town Manager position.
* Larry Grafel noted Evie Nott had met with him to discuss withdrawing the Vail
Nature Center from the Vail Recreation District (VRD), and Ms. Nott had asked him to
discuss this with Council for their input. Ms. Nott's concern was that the Nature Center
program was not a recreation program, it was an education program, and she felt the Nature
Center's intended purpose had been lost under VRD's management. There was Council
discussion about the issue from a variety of viewpoints, at which time Jim Gibson asked that
Ms. Nott be asked to supply factual information about her proposal. Larry Grafel agreed to
arrange a meeting with Ms. Nott.
1 * Under Council Reports, Tom Steinberg reported that NWCCOG was planning on
revising their bylaws and dues structure.
* Mayor Osterfoss reported on Eagle River Basin issues discussed at the Colorado River
Water District meeting held on Friday, April 16, 1993.
At 8:50 P.M., Jim Gibson moved that Council adjourn to Executive Session for discussion
regarding land negotiation issues. Tom Steinberg seconded the motion. A vote was taken
and the motion passed unanimously, 7-0.
ATTEST:
* PVV
Holly L. McCutcheon, Town Clerk
Minutes taken by Donanne S. Deto
It
C:WIINAPR20.93
Respectfully submitted,
_ ayoMargar A. Osterfoss, Mayor