HomeMy WebLinkAbout1982-06-01 Town Council Minutes.M1NUTsES
VA L TOWN COUNCIL MEETING
-rTU1SDAY, JUNE 1, 1982
7:30 P.M.
On Tuesday, .Tune 1, 1982, a regular meeting of the Vail Town Council was
held in the Vail Municipal Building Council Chambers.
• MEMBERS PRESENT: Bill Wilto, Mayor Pro-Tem
Chuck Anderson
Hermann Staufer
Ron Todd
Gail Wahrlich
ABSENT: Rodney E. Slifer, Mayor
Paul Johnston
OTHERS PRESENT: Richard Caplan, Town Manager
Laryy Eskwith, Town Attorney
Colleen Kline, Town Clerk
The first item on the agenda was an -honorary resolution declaring the month
of June, 1982, as parks and recreation month in Vail, Colorado. Moses
Gonzales, Program Director of the Recreation Department, introduced all
the recreation directors to the Council and citizens. He was then presented
with a proclamation.
e next item on the agenda was the second reading of Ordinance #5, Series
1982, an ordance relating to the arterial business district. Richard
Caplan stated that there were some changes made to the ordinance from
first reading. Dick.Ryan reviewed the amendments with the Council.. There
was much discussion following. Chuck Anderson stated that he was opposed
to the ordinance in that he thought it was an unappropriate use of the land.
After more discussion, Ron Todd made a motion to approve Ordinance #5 on
second reading with the additional changes as outlined by the Council.
Staufer seconded the motion. A vote was taken and the motion failed -
2 in favor and 3 against - Anderson, Wilto and Wahrlich. A second motion
was made by Ron Todd with an additional amendment to exclude "lodges" from
the conditional uses. A vote was taken and the motion was passed 3 to 2.
Anderson and Wahrlich opposing.
The next item on the agenda was the reading of Ordinance #16, Series of
1982, an emergency ordinance introduced because of the mud slide problems
in the Highland Meadows area. Bill Wilto stated that the Council had decided
to withdraw this ordinance and send it back to the Town Attorney, as they
felt they had reached a solution for the time being without having to
put a moratorium on the area. There was discussion following. A motion was
made by Ron Todd to withdraw Ordinance #16 and Chuck Anderson seconded it.
�me discussion followed. A vote was taken and the ordinance passed unanimously.
erbatim motion by Rod Todd on this ordinance attached to these minutes)
The next item on the agenda was the first reading of Ordinance #9, Series of
1982, an ordinance rezoning a part of Lot 2, Block 5, Vail Intermountain Sub-
division from residential cluster to low density multiple family district.
Dick Ryan explained the ordinance to the Council. He stated that the staff
and the Planning Commission both recommended denial of the rezoning. Dick
Disette, representing Mt. Torrisi, the applicant, and Fred Butler, representing
the applicant presented their request to the Council. After much discussion,
Ron Todd made a motion to deny ordinance #9 and Gail Wahrlich seconded it.
A vote was taken and the motion carried 4 - 1 - Hermann Staufer opposing.
The next item on the agenda was the first reading of Ordinance #14, Series
of 1982, an ordinance amending the sign code ordinance for the Town of Vail.
Peter Jamar of the Community Development Department stated that this was
mainly a housekeeping ordinance. There was some discussion on the ordinance.
Chuck Anderson made a motion to approve ordinance #14 on first reading and
Hermann Staufer seconded it. All voted in favor and the motion passed
unanimously and was ordered published in full.
The next item on the agenda was the first reading of ordinance #15, Series of
82, an ordinance relating to distribution of allowable floor area to steeply
oping,lots. After some discussion, Ron Todd made a motion to approve
Ordinance #15 and Chuck Anderson seconded it. All voted in favor end the
motion passed unanimously and was ordered published in full.
MTIYUTES
JUNE 1, 1982
Page 2
The next item on the agenda was the reading of Resolution #14, Series of
1982, a resolution conveying certain parcels of property to the Vail Water
4d Sanitation Distirct. Gail Wahrlich stated she felt the word "governmental"
ould be stricken from the deed. After a short discussion, Hermann Staufer
made a motion to approve Resolution #14 and Chuck Anderson seconded it. All
voted in favor and the motion passed unanimously.
The next item was Citizen Participation. Pepi Gramshammer addressed the
Council on the problem contractors were having in getting permits necessary
for their construction work in a timely manner. The Council directed Dick
Ryan and his staff to be more responsive so that more construction work
could get done in the slow season.
Dick Gustafson announced an open.meeting to be held in Minturn on Friday,
June 4th at 7:30 p.m. regarding Homestake II Project. He urged members
of the Council and any interested parties to attend. Mr. Caplan stated
that he had received a draft copy of the Roundtables findings and that
the Council would be taking a position on one of the alternatives and
sending a letter to the Governor.
The next item on the agenda was the consideration of a sign variance for
the Inn at West Vail. Jay Peterson, representing the applicant, stated
that the Inn had signed a franchise with Best Western and would like
�rmission to place a wooden Best Western sign in place of the seminar
nter sign on the building. There was much discussion following.
Ron Todd made a motion to approve the variance. There was some question
as to whether the applicant wanted a plastic or a wooden sign. Bill
Wilto stated he would be very much against the plastic sign. Gail
Wahrlich stated that she wished to abstain from the vote. Hermann
Staufer seconded the motion. A vote was taken and the motion passed
4 - 0.
There was no Town Manager Report.
There was no Town Attorney Report.
As there was no further business, the meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Rodney l Sli er, aybr
0
ATTEST:
1 r � • r1'ti't//w Ylfd I �•
Colleen M. Kline, Too lerk
7J
Ron Todd - refer matter back to Town Attorney for preparation of an
ordinance incorporating the following items as a precautionary measure.
1. Building may proceed but there would be a disclaimer acknowledging
the concern that the Town has at this time for the area. The people
• applying for building permits would be aware of this study that is
ongoing and a hold harmless clause with an acceptance of responsibili
for damages occurring to their property or any of the other neighbori
properties in the area that result by virtue of them beginning their
construction.
2. We would enter into a program of very strict enforcement of our
existing ordinances in a fair manner, including taking legal steps
to ensure that the restrictive covenants that are attached to the
properties specifically to the Highland Meadows filings one and two
are enforced and abided by and I would point out specifically in
those covenants the requirements as far as cut and fill design,
building envelopes be strictly adhered to and that there be site
specific soils tests on each site and it says in there that those
soils tests must make a determination of depth of bed rock, etc.
It has a list of restrictions which will require an on -site soils
test for each of those lots and along that same line, that drilling
of test soils on that property should occur in the building envelope
under the footprint of the building so that the Town is presented
with a very accurate representation of the soils conditions on each
of those properties that are preceding the construction.
We should enter into very strict enforcement of our Town of Vail
requirements which require that the foundations in those areas
must be designed or at least endorsed through the stamping and
endorsement signature by a licensed structural engineer.
That we enter into a vigorous program of ditch and culvert maintenance
because it seems to me like from my observations today that a
tremendous bulk of the problems were.caused by drainage and
specifically by the over stress that we have on drainage that
was created by the breaking of the water line and so once the
determination is made as to what the level of acceptance is of
the roads and ditches and so on, whether we're responsible or
whether the developer is responsible, those ditches and drainage
culverts should be, we should have a very heavy duty maintenance
program to get all of that drainage system in good shape.
4. Lastly, while I do not feel that the Town of Vail should ultimately
bear any of the financial costs for the repair of the excavation of
the Bitetto property, I do feel that it presents a very clear and
present danger and I think that we have to take the lead at this
time at least in researching what has to be done to stabilize that
hillside because we certainly can't afford to wait another year or
two while blame is established in the courts because of the rate at
which that hillside is eroding.
So then I propose that the Town Attorney undertake an ordinance that would
include those specific items. The other things that were required as part
of the restrictive covenants for Highland Meadows 1 and 2 in that
engineering investigation would be definition of ground water conditions,
definition of bed rock, slope stability conditions, and design parameters
for foundations and subsurface drainage requirements. And that typically
is part of the soils engineer report and I think -it would be
advantageous to those of you that are interested in building
this year to have that testing all done simultaneously because
there are cost.savings to be realized by having that done in
. one shot. These items and the strict adherence of the ordinances
and extra level of care, if you will, should apply to any new
construction in Vail Village West.Filings 1 and 2 and HIghland
Meadows 1 and 2.
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