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HomeMy WebLinkAbout1993-03-16 Town Council MinutesF 1, r 1� f- MINUTES VAIL TOWN COUNCIL MEETING MARCH 16, 1993 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, March 16, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7.45 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Jim Gibson Jim Shearer Tom Steinberg Rob LeVine MEMBERS ABSENT: Mery Lapin, Mayor Pro-Tem Bob Buckley TOWN OFFICIALS PRESENT: Larry Grafel, Acting Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Holly L. McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Bill Hanlon noted he had spoken with Ken Hughey concerning increased policing in the Village and walk-throughs on private properties as a deterrent to any potential problems during the upcoming Spring breaks. Ken Hughey noted TOV did not have the staffing levels to meet peak demand times, but the Police Department had been trying to respond to all requests for additional walk-throughs in hotels and the parking structures. He added there were contingency plans to put staff on overtime to meet the needs of lodge owners and people the Village if needed. Mr. Hanlon also expressed his feeling that TOV was at a point where a full-time Mayor and Council, as well as a Town Manager, were needed. Item No. 2 was a Ordinance No. 1, Series of 1993, second reading, an ordinance repealing and reenacting Ordinance No. 41, Series of 1991, to provide changes to Area A requirements for SDD No. 4 that concern the development plans for The Waterford and The Cornerstone Development Building Sites; and setting forth details in regard thereto. The applicants were MECM Enterprises and Commercial Federal Savings. Mayor Osterfoss read the title in full. Shelly Mello discussed issues addressed in the Community Development Department's (CDD) March 11, 1993, memo to Council requesting an insertion into paragraph 18.46.104 of this • ordinance to allow the applicant, with staff review, to modify common areas and add up to 1,000 square feet of additional common area in order to meet adopted TOV codes. Shelly explained, after further development of the structural plans for this project, the applicant had found that, due to the American Disability Act, Uniform Fire Code, and the Uniform Building Code there was a demand for an increase in common area and modification to common areas for the building. Shelly noted staff found this was a common request once building plans moved from planning stages to construction stages, and felt the requested insertion into this ordinance was an appropriate addition. Council agreed to the requested insertion. Fred Otto advised he had learned he did not own Westhaven Drive; it was still owned by Vail Ventures. However, he said a coalition of the four remaining undeveloped parcels, the MECM site, the Building C site (Cornerstone), the Ruins site (Westhaven Apartments), and the Triplex site (Millrace III) and the Cascade Village Association (CVA) would make a contribution of $97,500 to TOV to assist TOV with refurbishing Westhaven Drive and taking it over. Mr. Otto stated the $97,500 would be contributed as follows: $24,000 from CVA, $23,000 from Commercial Federal who owns the Building C site (Cornerstone), $6,000 from Mike Lauterbach for Millrace IV, $24,500 from MECM, and $21,000 from the owner of the Ruins (Westhaven Apartments.) The $97,500 figure was the figure derived at and detailed in Larry Grafel's memo to Council dated February 12, 1993, regarding Westhaven Drive improvements. The memo indicated the Public Works Department (PW) had reviewed the information provided by the applicants at a meeting with Greg Hall, TOV Engineer, Estaquio Cortina, Ned Gwathmey, Jerry Mulliken, and Larry Grafel on February 10, 1993, and PW had analyzed that information with regard to the subdivision ordinance standards for public streets. The memo listed specific improvements required for Westhaven Driver and cost estimates for those improvements. SThe mechanics of transferring title and dedicating Westhaven Drive to TOV were discussed. Mr. Otto noted that Andy Norris had no problem himself deeding over the road, but Mr. Otto indicated that Mr. Norris could not supply information about the status of transferring title from other owners. Mr. Otto said this issue would require further investigation, which he felt was a responsibility he hoped TOV would assist with. There was discussion about the timeframe for payment of the $97,500. Mr. Otto said he had hoped to have that as a condition of Certificate of Occupancy (CO). He did not, however, have a problem either putting it up before that time or bonding it. He assumed if TOV received title, TOV would take over maintenance and snow removal. Mayor Osterfoss felt it would be sensible for TOV to consider taking over maintenance and snow removal once it received title to the road, and, in conjunction with that, felt that would be the appropriate time for the applicants to pay the $97,500. Mr. Otto said that would work, but felt it was important to the participants in this project to understood that the only thing that was going to happen was an overlay. There would be no change in the curvature or line of sight, no change in the bridge, and that existing encroachments lying within Westhaven Drive would not require a license or encroachment agreement. Mr. Otto anticipated the deeding of the road and payment of the $97,500 would occur in 1993. He felt construction of the road would not normally be done until heavy construction was completed, so he expected, if they could get started this summer . with the heavy equipment and steel erection, construction of the road could be done in the summer of 1994. Mayor Osterfoss asked if there would be any cost changes as a result of proceeding in 1994. Larry Grafel stated if there was a delay, current prices with an approximate 5% increase would be appropriate to consider. Mr. Otto pointed out the $97,500 estimate in Larry Grafel's memo contained a $19,500 contingency, and Mr. Otto hoped if construction was less than that, the difference would be returned pro rata to the participants. Mayor Osterfoss felt that was a reasonable request. There was further discussion about the project's timeframe, Tom Steinberg indicating TOV did not want to be held to this agreement indefinitely; this agreement was for 1993 as far as he was concerned. Mr. Otto also indicated his group felt TOV should participate in this in some form. He said he has been struggling to get Glen Lyon to participate in this as they were the direct beneficiary of all of this, but to date they have not been able to find a way to get Glen Lyon to participate. Tom said the building permit was tied to TOV's receipt of the $97,500 and the title to the land, and if Mr. Otto could not get title until 1994, the project would not go until 1994. Mr. Otto felt TOV had to cooperate and conduct, at his cost, a condemnation proceeding. Mr. Otto and Larry Eskwith discussed the details and timing involved with condemnation proceedings including appraisals and public hearings. It was noted the condemned party had thirty days to obtain an appraisal, and Mr. Otto would be responsible for charges incurred for that. Larry felt it could be four to six months before actual receipt of immediate possession could occur. Mayor Osterfoss summarized the sequence of events to occur: the title for Westhaven Drive was to be presented at no cost to TOV, that $97,500 would be contributed to TOV by the group of interested property owners in the area, and following that a building permit would be issued. Larry Eskwith confirmed that MECM did not presently own the road, and because TOV could possibly be taking a Quit Claim Deed, Larry indicated he wanted a title commitment policy. The building permit issue was discussed. Mr. Otto felt it was reasonable to make that a condition of occupancy. All agreed it would be to the benefit of all to see building commence this summer, but Mr. Otto felt if TOV made acquisition of the road a condition of the building permit, he did not feel summer building would be possible if Larry's four to six month estimate was correct. Mr. Otto said the money would be there, but title to the road may take the amount of time Larry Eskwith thought. Mayor Osterfoss stated until title and the money were there, TOV would not be maintaining the road. She also said because Larry Grafel and Greg Hall had analyzed the cost for this project, at $97,500 it should be considered TOV was contributing the cost of design, testing, and project management. There was additional discussion about the 1993 cost estimates versus future costs. Larry Grafel noted, as Mr. Otto had mentioned, there was a contingency in the $97,500, it was preferable to do the project all at once, and he felt it would be possible to do it after the heavy equipment was there and construction was underway. Larry Grafel felt the damage would be minimal and it could be done at a later time without major cost implications. After further conversation regarding timing of the road construction, an agreement was reached that, upon payment of the $97,500, a building permit could be issued even if title had not been transferred to TOV with the understanding that maintenance of the road would not start nor would there be issuance of Temporary Certificate of Occupancy (TCO) until title was also transferred. It was also established that if TOV was required to proceed with condemnation, that would be at Mr. Otto's expense. Larry Eskwith said it needed to be clear in the ordinance that when Mr. Otto's expense was addressed, not only the expense of the proceeding was to be addressed, but also the expense of any bond as the escrow for immediate possession. Mr. Otto said he then wanted to have a heavy hand in the condemnation proceeding because he felt he could do it very fast and very cheaply and wanted to be able to select the attorneys. It was mutually agreed that the developer would participate in any necessary condemnation proceedings. After further discussion, Jim Gibson moved to approve Ordinance No. 1, Series of 1993, on second reading, with the following conditions agreed upon by TOV and the property owner: an effort would begin to obtain title to Westhaven Drive at no cost to TOV, $97,500 would be paid to TOV by the group who had made commitments to pay that, subsequent to the payment of the $97,500 building permits could be obtained to begin projects in Waterford and Cornerstone, a Temporary Certificate of Occupancies would not be issued by TOV for either building until title for the road had been transferred to TOV and at that time maintenance of that road by TOV would begin, if the project came in for less than $97,500, those funds would be returned by TOV to those who contributed, condemnation costs would be paid for by the applicant and TOV would cooperate in conducting condemnation proceedings with the . applicant choosing attorneys and appraisers, the specific improvements required to Westhaven Drive were those things specified in Larry Grafel's memo dated February 12, 1993, including that all transverse and longitudinal cracks would be sealed with a pave prep fabric prior to overlay, that any asphalt distress areas would be removed and reworked prior to overlay, 2' of asphalt would be removed and the base recompacted and new asphalt placed from Station 0+00 (Bridge) to Station 6+75 (Westin Hotel Entrance) right edge and once that overlay was completed, the minimum section would be 4" asphalt over 4" basecourse, that 2' of asphalt would be removed and the base recompacted and new asphalt placed from Station 5+00 (Westhaven Apartments/Parking Structure Exit) to Station 7+00 (lower Cascade Club Entrance) left edge and once that overlay was completed the minimum section would be 4" asphalt over 4" basecourse, that the existing concrete pan would be removed and replaced with Type II B curb and gutter at Station 0+00 - 5+00 right side, that the existing concrete pan would be removed at Station 0+00 - 1+90 left side and Type II B curb and gutter would be installed and appropriate drive cuts and drive pans would be provided as well as a 6' sidewalk installed, Type II B curb and gutter would be installed from Station 1+90 -5+00 left side and appropriate drive cuts and drive plans and a 6' sidewalk would be installed at Station 1+90 - 5+00 left side and a 6' walk would be installed from Station 2+50 - 5+00, that at Station 5+00 - 10+00 left side, the existing concrete pan would be removed and replaced with Type II B curb and gutter and appropriate drive cuts and drive pans would be provided . as well as a 6' sidewalk, that at Station 6+75 right side, the pan would be reworked to ensure storm flows stay on Westhaven Drive, that at Station 8+40 right side, the curb would be reworked and drivecut to ensure water would not flow into delivery doors of the conference center, that Type II B curb and gutter and a 6' sidewalk would be installed at Station 8+60 - 9+80 right side, that any broken curb sections in the cul-de-sac area would be repaired prior to overlaying and that it would be assumed there would be 30 11 of curb replacement, that the entire road would be overlayed with 1 1/2" hot bituminous pavement, that 2 hooded inlets with sediment traps and 15" cmp piping to discharge the flows to Gore Creek would be installed at Station 0+10 left and right side, that at Station 5+00 left side the existing valley inlet would be converted to a hooded inlet, that at Station 2+00 - 3+50 right side rocks and landscaping would be modified to improve sight distance, that at Station 3+00 - 4+75 left side rocks would be moved back to improve snow storage capacity, that at Station 3+50 + 4+75 right side rocks would be moved back to improve snow storage capacity, that any settled pavers would be reworked and brought up to grade, and that applicant would work to control runofF/icing problem on the stairs to the Cascade Club, and there would be a paragraph added to 18.46.104 of the ordinance to allow the applicant to add an additional 1,000 square feet of common area in the Waterford Building. Jim Shearer seconded the motion. A vote was taken and the motion passed unanimously, 5-0. • Larry Grafel introduced TOV's new Town Clerk, Holly McCutcheon. At 8:20 P.M., a motion to adjourn the meeting to Executive Session to discuss legal, 3 0 • personnel, and real estate matters was made and passed unanimously, 5-0. Council reconvened the Regular Evening Meeting at 9:45. Jim Gibson was not present during this part of the meeting. The following issues were addressed: Tom Steinberg moved to approve the Agreement and General Release Contract for Rondall V. Phillips' severance as modified, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 4-0. Larry Eskwith explained that authorization for Cockrell, Quinn, and Creighton to begin litigation, if necessary, against Chevron and Amoco concerning the groundwater contamination on the Old Town Shop property was needed. Rob LeVine moved to approve such authorization, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 4-0. The meeting was adjourned at 9:55 P.M. ATTEST: f-PIN, McCutcheon, Town Clerk Minutes taken by Donanne S. Deto C:WINMAR16.93 Respectfully submitted, Marg t A. Osterfoss, Mayor 4