HomeMy WebLinkAbout1994-01-18 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
JANUARY 18, 1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, January 18,1994, in the Council
Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT: Paul Johnston
Sybill Navas
Jim Shearer
Tom Steinberg
Jan Strauch
MEMBERS ABSENT: Peggy Osterfoss, Mayor
Mery Lapin, Mayor Pro-Tem
TOWN OFFICIALS PRESENT: Bob McLaurm, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant to the Town Manager
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation of which there was none.
Item No. 2 on the agenda was a Consent Agenda consisting of one item:
A. Ordinance No, 1, Series of 1994, second reading, an ordinance establishing the value
per acre of land to be used in the formula to calculate the cash to be paid in lieu of
school land dedication pursuant to section 17.17.020 of the Municipal Code of the
Town of Vail.
Tom Steinberg read the title in full. Paul Johnston moved to approve the Consent Agenda item A,
with a second from Sybill Navas. A vote was taken and the motion passed unanimously, 4-0.
Item No. 3 was Ordinance No. 2, Series of 1994, first reading, an ordinance repealing and reenacting
Section 18.69.050 of the Municipal Code of the Town of Vail, setting forth new procedures for
development of land in the Hillside Residential Zone District and providing details in regard thereto.
Tom Steinberg read the title in full.
Andy Knudtsen explained the objective of this ordinance is to include the Hillside Residential Zone
District in a section of the Town of Vail's hazard regulations, which discourages winding driveways
on sites where the slope exceeds 30%. Andy stated in addition to staff recommending approval, the
PEC had also reviewed this ordinance and gave their approval.
iPaul Johnston moved to approve Ordinance No. 2, with a second from Jim Shearer. A vote was
taken, and the motion passed unanimously, 5-0.
Item No. 4 was Ordinance No. 3, Series of 1994, first reading, an ordinance rezoning one lot from
Primary/Secondary Residential, Section 18.13 to Low Density Multi -Family Residential, Section 18.16,
generally located at 2239 Chamonix Lane. Tom Steinberg read the title in full. Andy Knudtsen
pointed out the location of the site on the Site Plan and went over various issues pertaining to the
proposed rezoning. The Schmetzkos are requesting rezoning on this property in order to construct
nine townhomes, two of which would be Restricted Type III Employee Housing Units. The Town's
hazard maps identify the site as being affected by rockfall and debris flow and the PEC
recommended the applicant design a mitigation catch basin, which was pointed out on the site plan
and discussed at length. Three conditions of the PEC approval were 1) that a drainage study be
provided, 2) that the plat, deed restrictions, and final site plan be recorded with the county and be
paid for by applicant, and 3) that additional landscaping be provided as required by the DRB. The
deed restrictions and plat must be signed prior to second reading and the drainage plan must be
finished prior to appearing before the DRB. Andy reviewed the concerns of two PEC members who
voted against the rezoning. Most of the discussion centered around the catch basin, the requirement
that the catch basin be cleaned out every year (as outlined in Section 6 of the Deed Restriction), the
potential liability the Town could be faced with should the responsible party not perform as agreed,
and the potential cost of such catch basin clean out, should a slide occur. Larry Graf el suggested this
clean up would most probably be very costly, and figures as high as $60,000 were mentioned. Tom
Moorhead presented suggestions which could reduce the liability of the Town, including the
recommendation that a bond be posted and renewed annually should the funds become exhausted
(by the developer] in order to guarantee clean up. Further details regarding funding for the hazard
mitigation clean up were discussed.
1 Vail Town Council Evening Meeting Minutes 1118(B4
Rick Rosen, legal counsel to the Schmetzkos, expressed his opposition to the posting of such a bond,
indicating that it would be cost prohibitive to his clients. He informed the council that he would
strongly urge his clients against doing so and requested the item be tabled. Mr. Rosen suggested
alternative solutions such as working with the Forest Service and the BLM to prevent the debris from
reaching the site. Mr. Rosen indicated that he was not prepared to discuss such issues without, first
consulting his clients.
Paul Johnston moved to table Ordinance No. 3, Series of 1994, on first reading, until such time as Mr.
Rosen was able to more fully discuss the issue with his clients. Jim Shearer seconded the motion.
Brief discussion continued, and the motion passed unanimously, 5-0.
Item No. 5, which was listed on the agenda as a report from the Town Manager, was presented in
an earlier work session and, therefore, was not discussed.
Pam Brandmeyer distributed a preliminary survey she received from Mike Rose which summarized
the Village and Lionshead parking lot usage since the implementation of the free parking program,
(11-24-93 through 12-31-93). In reviewing the survey, total projected losses on both structures through
April 17, 1994, could be as high as $120,000.00. Larry Grafel explained that initially, losses were
expected to be only half that. Council concluded that because sales tax figures were not yet back for
the 4th quarter of 1993, it would be impossible to assess at this time whether the free parking
program was of any benefit. This issue will be revisited at a later date.
There being no further business, a motion to adjourn the meeting was made by Jim Shearer, seconded
by Paul Johnston, and passed unanimously. The meeting was adjourned at 8:36 P.M.
ATTEST:
Ho]ly� L.- Mccutcheon, Town Clerk
• Minutes taken by Holly L. McCutcheon
C:I WAN19.94
Respectfully submitted,
;T�h,m,;,Swinberg, Acting Mayor
Vail Town Council Evening Meeting Minutes 1/18PH