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HomeMy WebLinkAbout1996-08-06 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING August 6, 1996 7:30 P.M. egular meeting of the Vail Town Council was held on Tuesday, August 6, 1996, in the Council tubers of the Vail Municipal Building. The meeting was called to order at approximately 7:35 P.M. MEMBERS PRESENT: Robert W. Armour, Mayor Kevin Foley Mike Jewett Paul Johnston Ludwig Kurz Sybill Navas MEMBERS ABSENT: Rob Ford TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney Holly McCutcheon, Town Clerk T&first item on the agenda was Citizen Participation. Town of Vail resident, Jo Staufer, who had p iously addressed Council about what he called the "urbanization of Ford Park" asked for an update from council members as to the status of the management plan for the park. Assistant Town Manager, Pam Brandmeyer provided the update, and stated that groundwork for the park's user groups had been completed and that the process would be turned back to the public. Pam said a calendar for the citizens' involvement process would be forthcoming. Mr. Staufer then expressed his feeling that Ford Park should be the town's central park. He said the matter should be taken very seriously, a lot of time being devoted to it, and recommended the park remain open space. Next, another local resident, Brad Hasley, urged council members to oppose any plan to remove the softball fields and replace them with a parking structure, and said he agreed with Jo Staufer regarding the future of Ford Park. Hermann Staufer, Vail Recreation District ("VRD") board member told Council he wanted to dismiss rumors that the VRD had proposed a 2,500 seat stadium for Ford Park and a potential parking structure. Mr. Staufer said the VRD had no intention of proposing a stadium for the park. Local resident Rick Sackbauer expressed his thanks to the Council and staff of the town on behalf of the -cle Tour of Colorado, which brought 550 bicyclists to Vail on July 18 for an overnight stay. Sackbauer S 400 people camped out on the lower bench and that riders had a wonderful Vail experience. He then urged the town to work to bring the tour and other groups to Vail in future years because of the event's positive economic benefits. Sackbauer said the tour raised more than $10,000 to benefit Downs Syndrome, and stated the expense of renting the amphitheater and the fact that the indoor camping location was to far from Ford Park would be reasons for the group not returning in the future. Next, Jim Slevin of Vail presented a brief history of the acquisition of Ford Park 25 years ago, and asked Council to remember the park's past when thinking of its future. Lisa Watts, general manager of the Wren, urged Council to consider the needs and concerns of community members and park users in reviewing the draft Ford Park management plan. Last under citizen participation, Rodney Johnson, manager of the Red Lion, and speaking on behalf of area softball players, expressed the value of softball as a recreational asset for the town, and said the fields should remain. On another note, Johnson expressed his concern about a citation issued recently to the Red Lion for exceeding noise levels under the town's amplified sound ordinance. He asked Council to take a good look at the issue surrounding amplified sound in Vail. An number two on the agenda was the Consent Agenda which consisted of the approval of the minutes for the meetings of July 2 and 16, 1996. Paul Johnston moved to approve the Consent Agenda with a change to the correct spelling of Marvel Barns' name in the July 2 minutes. Ludwig Kurz seconded Vail Town Coundl Evening Meeting Minutes August 6, 1996 the motion, and a vote was taken and passed unanimously, 6-0. Third on the agenda was a legislative update by Jack Taylor and Dave Wattenberg. Council members heard a brief overview of the last legislative session from Rep. Jack Taylor and Sen. Dave Wattenberg. Both talked about their continued opposition to the takings legislation and warned of an uphill battle in c tinuing to keep the issue from passing the legislature. Rep. Taylor said several entities were ilWested in the railroad line and said he was concerned about rights of way becoming severed, which would eliminate use for trails or rail. Sen. Wattenberg said congestion along the 1-70 corridor was also a continuing concern to him, and said possible solutions, such as light rail or widening the interstate were being reviewed, as well as possible alternatives for paying for such improvements. Following up on discussions from a visit to the Town Council last year, Taylor and Wattenberg asked for an evaluation of the Department of Transportation's job in handling snow removal on 1-70 during the past winter. Council members agreed the situation had much improved over previous years. Agenda item number four was Resolution No. 14, Series of 1996, a resolution designating additional signers on an interest bearing checking account for Library deposit transactions for the Town of Vail with Annie Murray and Marie Steffin as signers on that account, permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. Mayor Armour read the title in full and Town of Vail Controller, Christine Anderson, presented the item, stating that due to night and weekend shifts, additional signers were requested, and that it was staffs recommendation to adopt the resolution. Paul Johnston moved to approve Resolution No. 14, Series of 1996, with a second from Sybill. A vote was taken and passed unanimously, 6-0. Fi�tFirmon the agenda was a request for authority to proceed through the application process for the expansion of the Vail Interfaith Chapel which could potentially encroach upon Town of Vail owned property. Town Attorney, Tom Moorhead presented the item, and provided the following background: The Vail Interfaith Chapel had appeared before the Planning and Environmental Commission (PEC)at a conceptual level with preliminary design plans for an expansion to their existing facility. The preliminary design showed an encroachment of the expansion onto Town of Vail owned stream tract. It had also been determined that the Vail Interfaith Chapel also encroached onto that same Town of Vail -owned property. The request was merely for approval to go through the process and did not involve an evaluation of the design or any other considerations. The PEC would properly review the application and take into consideration all appropriate impacts such as wetlands and design issues. In the event there would ultimately be approval for a design that encroached upon Town of Vail owned property, that encroachment would be permitted through an agreement between the Town and the Interfaith Chapel. Regardless of the outcome of the approval process and effort to go forward with an expansion, it was necessary to enter into an encroachment agreement for the portion of the Vail Interfaith Chapel which encroached upon Town of Vail -owned land. Staff recommended that the request to proceed with application for expansion be approved. F&resenting the Vail Interfaith Chapel, local attorney, Jim Wear said it was discovered just five weeks e7fier that the proposed building encroached onto certain portions of town owned land, and that some of the existing property currently encroached onto town -owned land. Wear then introduced Architect Ned Gwathmey, who reviewed with council members a diagram and model of the Chapel project. Council members expressed support for the Chapel's presence in Vail, noting its strength and uniqueness in serving six denominations. Ludwig Kurz said the Chapel was as much a community center as it was a church, and Sybill Navas requested the PEC work with the applicant to avoid or minimize the encroachment onto town -owned land. Paul Johnston then moved to approve the request, allowing the Vail Interfaith Chapel to proceed through the application process, and the motion was seconded by Ludwig Kurz. A vote was taken and passed unanimously, 6-0. Item No. Six on the agenda was a TCI update including infrastructure build out, continued support for Channel 5 and continuation of FM service. Tom Moorhead told council members that the purpose of the update was to provide Council with information as well as an update as to the status of the operation by TCI n the Town of Vail, and explained that no specific action was being requested of Council. Tom then pr sented the following information: 1. System Rebuild. The Town of Vail and TCI entered into the present Franchise Agreement on Vail Town Council Evening Meeting Min to Augus[6, 1996 January 5, 1995. The agreement provided for a rebuild utilizing a "fiber optics to the service area" design. The rebuild was to be completed within 36 months of the effective date of the Franchise Agreement. Informally, at the time of negotiations, representations were made that the rebuild would in fact occur within one year of executing the Franchise Agreement. The Town of Vail had recently received correspondence that indicates the construction had begun. The town has not received #h ever, a design of the complete system. As of August 5, twenty months had expired since the ring of the agreement. With construction unable to go forward in the winter, it was important for TCI to update Council as to the likelihood of concluding the rebuild within the agreed upon time frame. 2. Continuation of Support for Channel 5. The Town Council had previously committed to continue its support for Channel 5 to the extent of 2 percent of its 5 percent franchise fee, a commitment which was to be reviewed regularly by Council as there was no provision for such funding in the Franchise Agreement. Discussions had arisen concerning TCI's commitment to continue to fund Channel 5. 3. Continuation of FM Service. There had previously been a commitment by TCI to continue to offer FM service within the Town of Vail. The service is critical for the continuation of FM service to be received within the franchise area. The present General Manager had expressed the possibility of discontinuing the FM service, which is contrary to the previously expressed commitment by TCI. Fred Lutz, general manager of TCI Cablevision of the Rockies addressed the status of the system rebuild and stated that due to volatile financial markets, the $5 million rebuild in Vail, which began last week, will not be completed until late summer of 1998, a half year later than the franchise agreement provides. Mr. Lutz then addressed the issue of continuing the support of Channel 5, stating that TCI could no Ic&r afford to fund $ 30,000 per year to Channel 5, due to significant capital investment in rebuilding th system. He said it was in TCI's best interest to provide a quality product for TCI customers, to complete the system rebuild, and to restore the financial health of the company. Brian Hall, board president of Channel 5 told council members he was disappointed by TCI's decision and asked them not to give up the local channel. Mr. Lutz then informed Council that TCI had received a "must carry" request from KTVD Channel 20, an independent channel in Denver, which must be provided for on the TCI cable lineup by Oct. 7, according to provisions of the FCA (Federal Cable Act). Due to the inability of channel space, Lutz said the options for finding a spot for KTVD include either merging channel 11 (the town's character generator station) with Channel 5, or eliminating the free FM service. Council members expressed concern over both options and Town Manager Bob McLaurin then offered to facilitate a meeting with Lutz, town staff and representatives of Channel 5 to work out a solution and report back to council with a proposal. Agenda item no. Seven was a report from the Town Manager. Bob McLaurin stated frontage road imkovements in connection with the City Market project in West Vail would begin in about two weeks. A , he said a redevelopment of the Safeway store was planned and that Safeway would assist with roadway and drainage improvements. Paul Johnston wished Eagle County Commissioner James Johnson and his new bride Pam best wishes. There being no further business a motion was made for adjournment and the meeting was adjourned at approximately 10:00 p.m. Respectfully submitted, Robert W. Armour, Mayor ATTEST: �" ` -"`T N I * McCutcheon, Town Clerk Minutes taken by Holly McCutcheon (*Names of certain individuals who gave public input may be inaccurate.) Vail Town Council Evening Meeting Minules August 6, 1M