HomeMy WebLinkAbout1995-09-05 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 5, 1995
• 7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, September 5, 1995,
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
Tom Steinberg
Sybill Navas
Jan Strauch
Rodney E. Slifer
Paul Johnston
MEMBERS ABSENT: Mery Lapin, Mayor Pro-Tem
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pamela A. Brandmeyer, Assist. Town Manager
• Lori Aker, Deputy Town Clerk
The first item on the agenda was Citizen Participation. Bob Fiske, a Town of Vail bus
driver complained of improper hiring practices in the bus department. Fisk has taken
his complaints to the Human Resource Department, but does not feel his concerns are
being taken seriously. Mayor Osterfoss thanked Fiske for this information and directed
him to take his issue to the Town Manager where it will be resolved.
The second item on the agenda was the Consent Agenda:
A. Approval of the Minutes for the meetings of August 1 and 15, 1995.
B. Approval of modification of previously granted sign variance request for Cutin Hill
Sports, located at 254 Bridge Street/Lot 1, Block 5-C, Vail Village 1st Filing.
Applicant: Jack Curtin.
Mayor Osterfoss read the Consent Agenda in full. Johnston moved to approve the
Consent Agenda with a second by Steinberg. A vote was taken and passed
unanimously, 6-0.
• The third item on the agenda was a presentation to Jim Shearer - Award of
Appreciation. Osterfoss presented Jim Shearer with a plaque representing the Town
Council's appreciation for his three plus years of service to the Town of Vail. Shearer
stated his time on the Council was very special and enjoyable. He greatly appreciated
serving with the best minds, hearts and dedicated TOV people over these past few
years. He stressed the fact that employee housing still remains an important issue in
the Vail valley and wants everyone to continue working on this issue.
The fourth item on the agenda was discussion of Vail Commons issues presented by
Tom Moorhead and Andy Knudtsen. Tom Moorhead first read a letter to Council from
Mery Lapin stating he will excuse himself from Vail Commons issues due to a conflict of
interest. Moorhead summarized the contract negotiations from the afternoon
worksession with John Caldwell, City Market real estate director. There are two
documents the Council is negotiating for this property. The contract provided that the
base rent would be paid annually in arrears. Council has requested quarterly in
advance and City Market's proposal suggests they will compromise and pay quarterly in
arrears. The CPI index as an increase to the base rental is considered as a hedge
against inflation. John Caldwell presented the documentation concerning the
• breakdown of CPI increase and the half of one percent of store sales above 24 million
per year. Both of those adjustments would address the inflationary potential of the rent.
City Market is suggesting the one-half percent of store sales which will give a true
reflection of how the store is performing and that is a better method of getting a rent
that is consistent with the performance of the store. Create a partnership between the
Vail Town Council Evening Meeting Minutes, September 5, 1995 Page i
TOV and City Market. As the store does better, the TOV clearly benefits in increased
rental revenue that is received from that property. John Caldwell reviewed some
exclusions from the gross safes that had been questioned by the TOV and also concurs
. that in regards to licenses and rentals that those items should be included within the
gross sales cost that could return additional revenue to the Town in the form of one-half
percent of everything sold over 24 million. The City Market owned and managed
employee housing rental units were discussed. John gave an overview of how those
24 bedrooms would be administered and will guarantee that 90% of those units would
be filled at all times by City Market employees. City Market has agreed to put a 3% cap
on appreciation of those EHU in the event they were ever sold. If a sale takes place,
the sale must be in conjunction with sale of the entire commercial property. Those are
not units subject to sale independent of the commercial unit. It was discussed that City
Market would like made available for store manager employees, the right to purchase 3
of the for sale housing units. These employees would not have to qualify as prior
residents of the TOV. The rental rate for the day care operator was discussed. John
Caldwell had suggested a possible rent formula that would provide the lower of 80% of
the average rental rate for other day care centers located in Vail town limits, or 50% of
the average rental rate for the other commercial spaces. The first right of refusal was
discussed up to 30 days prior to a new tenant taking possession of the property. The
TOV suggested that this negotiation should start several years before the end of the
term. City Market is willing to discuss a formula which would better provide for a
transition period. There were discussions concerning the store not being in operation
during a period of time that the City Market was not in default of its lease, but that the
store was simply not'open. John Caldwell offered an alternative to the 365 day
provision of a graduated formula of the first three years 90 days, 3 to 10 years would be
180 days and after ten years, 365 days. Bob Warner had comments in regards to the
2% commission and what services would be offered for that 2% commission and how
he would handle the marketing and sale of the residential units. Andy Knudtsen
reviewed the transportation improvements. Adjacent to the Vail Commons property the
developer will provide curb and gutter, accel/decel, 2 lanes each direction, center
turning lane, bike lanes and paths. Vail Commons will provide at the West Vail
interchange a center turning lane. They will hire an engineer to create all the drawings
and design the road improvements, they will design plans to integrate the ideal section
adjacent to the Vail Commons property with the existing improvement and in addition
they will pay 50% of additional costs that might be incurred if there are cost overruns
with the improvements down to the West Vail interchange. Criteria used for the for sale
housing is 1) individuals with the longest consecutive record of employment within the
Town of Vail boundaries, 2) individuals with the longest consecutive record of residency
• within the Town of Vail boundaries, 3) employers who may purchase a unit specifically
for employees of a Vail business, and 4) individuals who reside and are employed
outside the Town of Vail boundaries, but inside Eagle County. A lottery would be set up
using this criteria. Osterfoss discussed the results of the research on combining a day
care center and community/meeting room. Space is very tight. Adding a second floor
would exceed height restrictions in this zoning and applying for a variance is not
appropriate as a hard ship must exist. Council wants to address the day care needs at
the Commons site. Steinberg indicated the survey 2 years ago said the people could
go back to work if they had day care. Staff is recommending putting the
meeting/community room space in the proposed West Vail Fire station. McLaurin
stated there are three sites under consideration for the Fire Station and it will be built in
1997/98. Cindy Steitz suggested the need for a community building or recreational
center, citing such amenities in smaller communities, including Rifle, Rangely and
Meeker. Martin Waldbaum expressed concern about the risk to the Town if City Market
defaults on its construction loan. Lars Burghardt said a new grocery store, needing
more employees, will put a crunch on an already tight housing situation in Vail. He
would like to see a swimming pool or park built to help attract locals to remain in Vail.
Jen Wright, Housing Authority Chairman, encouraged Council to move ahead with the
• City Market plan, noting that the most important aspect of the development is the
employee housing and thanked the Council for doing this project. Wright urged the
Council to reduce or eliminate residential land lease fees to help reduce a home buyer's
monthly mortgage payment. Slifer concurred that there should be no land lease on the
for sale housing or a very low fee of $25 per year.
Vail Town Council Evening Meeting Minutes, September 5, 1995 Page 2
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The fifth item on the agenda was Ordinance No. 13, Series of 1995, an ordinance
amending the Charter of the Town of Vail, Colorado to protect Designated Open Space.
Tom Moorhead presented this item to Council and stated this ordinance would go
before the voters at the November 21, 1995 election. Slifer moved to approve
Ordinance No. 13, 1995 on first reading, with a second by Steinberg. A vote was taken
and passed unanimously, 6-0.
The sixth item on the agenda was Resolution No. 21, Series of 1995, a resolution
amending the Town of Vail Deferred Compensation Plan. Steve Thompson presented
this item to Council. Steinberg moved to approve Resolution No. 21, Series of 1995,
with a second by Slifer. A vote was taken and passed unanimously, 6-0.
The seventh item on the agenda was Resolution No. 22, Series of 1995, a resolution
approving and authorizing the acceptance of a settlement agreement and release in
Civil Action No. 93-CV-88, the Town of Vail vs. Chevron USA, Inc. and Amoco Oil Co.
Tom Moorhead presented this item to Council. The settlement agreement and release
provides for an equitable resolution of a cause of action brought by the Town against
Chevron and Amoco for an alleged release of petroleum products stored on the
Chevron/Amoco property onto the Old Town Shop lot. The agreement provides that
Chevron will be responsible for remediation of the groundwater contamination. The
Town will take the responsibility to provide any remediation required of any soil
contamination. Staff recommends approval of settlement agreement and release.
Steinberg moved to approve, Resolution No. 22, Series of 1995, with a second by
Johnston. A vote was taken and passed unanimously, 6-0.
The eighth item on the agenda was Ordinance No. 12, Series of 1995, first reading of
an ordinance repealing and reenacting Ordinance No. 8, Series of 1995, to provide
changes to Area D requirements for SDD No. 4 that concern the development plans for
the Glen Lyon Office Building site (GLOB); and setting forth details in regard thereto.
Navas moved to table until the November 7, 1995 meeting Ordinance No. 12, Series of
1995 on first reading, with a second by Johnston. A vote was taken and passed
unanimously, 6-0.
The ninth item on the agenda was the Town Manager's Report. There was no report.
There being no further business, Strauch moved to adjourn at approximately 9:00 P.M.
Respectfully submitted,
Margaret A. Osterfoss, May
ATTEST:
Lori Aker, Deputy Town Clerk
('Names of certain Individuals who gavo public input maybe inaccurate.)
Vail Town Council Evening Meeting Minutes, September 5, 1995 Page 3