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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 u 11 0 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