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HomeMy WebLinkAbout1985-10-01 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING OCTOBER 1, 1985 7:30 p.m. A regular meeting of the Vail Town Council was held on Tuesday, October 1, 1985, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Dan Corcoran Colleen Kline Gail Wahrlich-Lowenthal Gordon Pierce MEMBERS ABSENT: Hermann Staufer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the approval of the Minutes of September 3 and 17, 1985 meetings. Gail Wahrlich-Lowenthal noted that in the minutes of the September 17 meeting the name John Sliverly should be changed to read John Siverly. A motion was made by Gail Wahrlich-Lowenthal to approve the minutes, with the changes to be made in the September 17 minutes. The motion was seconded by Gordon Pierce. A vote was taken and the motion passed 5-0 on the September 3 minutes, with Colleen Kline abstaining due to her absence at that meeting. The motion passed unanimously to approve the September 17 minutes. The second item on the agenda was the Swimming Pool Coalition presentation. Tim Garton made a presentation concerning continued interest in development of a swimming pool complex. Ray Essex, Executive Director of U.S. Swimming gave a slide presentation. Tim Garton requested a task force be appointed to study uses of a pool, alternatives for funding, etc. Paul Johnston and Gail Wahrlich-Lowenthal suggested that the Council should discuss at the next Work Session the number of task force members and recommendations for the committee. The next item on the agenda was the second reading of Ordinance No. 14, Series of 1985, an ordinance on adoption of 1985 Uniform Building Codes. Mayor Johnston read the title in full. Peter Patten discussed details of the building codes and stated the major item is the increasing of building permit fees. Gary Murrain further explained the fees. Peter Patten suggested the codes not be effective until January 1, 1986. Gary Murrain answered questions from the Council, Gordon Stedman, President of Eagle Valley Homebuilders Association, gave his reasons why fees should • not be increased. Andy Beck addressed technical aspects of the code and recommended the ordinance be tabled until they could work items out with Gary Murrain. Gordon Pierce made a motion to table Ordinance No. 14 for thirty (30) days, until the November 5 Evening meeting. Colleen Kline seconded the motion. A vote was taken and the motion passed unanimously 6-0. The fourth item was the second reading of Ordinance No. 20, Series of 1985, an ordinance amending the Geologically Sensitive Areas Ordinance No. 5, Series of 1985, providing a procedure to inform the public when site -specific geologic investiga- tions are accepted by the Town Council. Mayor Johnston read the title in full. Larry Eskwith gave background information on the ordinance; he also noted the changes requested by the Council at the last meeting had been made. A motion was made by Kent Rose to approve the ordinance, which was seconded by Dan Corcoran. A vote was taken and the motion passed unanimously 6-0. The next item was the emergency reading of Ordinance No, 21, Series of 1985, an ordinance amending Ordinance No. 17, Series of 1985, to correct a typographical error. Mayor Johnston read the full title of the ordinance. Larry Eskwith explained the reasoning for the ordinance - to be published in time to be put on the ballot in November. Colleen Kline made a motion to approve the ordinance and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 40 6-0. The next item was the first reading of Ordinance No. 22, Series of 1985, an ordinance amending the Municipal Code by the addition of a new section entitled "Special Boards". Mayor Johnston read the full title of the ordinance. Rick Pylman and Peter Patten gave details behind the ordinance and some background information. Michael Staughton explained the Vail Restaurant Association's stand requesting • special boards. After much discussion by Council, Dan Corcoran made a motion to deny the ordinance. Colleen Kline seconded the motion. A vote was taken and the motion passed unanimously 6-0. Council suggested the Restaurant Association think up better ideas of signage and to reapproach Council at a later date with suggestions. The seventh item on the agenda was the Local Liquor Authority appointments. There were five (5) applicants for the three (3) openings on the Board. Council voted and Robert Kendall, Robert Ford and Sally Hanlon were chosen. The next item was action on contracts with Eagle County providing law enforcement, animal control, environmental health services and building inspection. After a short discussion by Council, Dan Corcoran made a motion to approve the contracts. Kent Rose seconded the motion. A vote was taken and the motion passed unanimously 6-0. The ninth item was action on the lease for the lower level of the Old Town Shop building. Larry Eskwith explained the lease. After a short discussion by Council, Gail Wahrlich-Lowenthal made a motion to approve the lease, which was seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. • The next item was action on the offer to the Postal Service for sites of future postal facilities. Ron Phillips gave background information on sites and asked for approval of sending a drafted letter to the Regional Director of the Postal Service in Santa Barbara, California. After some discussion, Gordon Pierce made a motion to approve sending the letter; Gail Wahrlich-Lowenthal seconded the motion. A vote was taken and the motion passed 5-1, with Kent Rose opposing. The eleventh item on the agenda was the appeal of the Scherer GRFA variance request. Tom Braun explained the circumstances of the appeal. Brian O'Reilly, representing Carl Scherer, explained why they think the appeal should be granted. The findings were noted: • The relationship of the requested variance to other existing or potential uses and structures in the vicinity. If the request were granted, it could become precedent setting and the enclosure of several balconies would have an impact. Furthermore, existing development is dramatically over the allowable density and the enclosure of several balconies would be an even greater density increase. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity. To grant additional GRFA in an already dense area would be a grant of special privilege. After much discussion by Council, a motion to uphold the PEC decision was made by Dan Corcoran. Colleen Kline seconded the motion. A vote was taken and the motion passed unanimously 6-0. Gail Wahrlich-Lowenthal suggested a joint meeting with the Planning and Environmental Commission in the future to discuss GRFA's and property improvements; Dan Corcoran agreed. The next item was the appeal of the Galvin GRFA variance request. After a short discussion by Council, Mayor Johnston, Dan Corcoran and Gordon Pierce all abstained from voting due to various involvements with this property. It was then decided that the item would have to be tabled because there were not enough members present to make a quorum. Next was Citizen Participation. Cynthia Steitz asked questions regarding rean- nexation of Buffehr Creek, Highland Meadows and Matterhorn areas. Various Council - members and staff responded to her questions. -2- Jay Peterson questioned the tabling of the Galvin GRFA variance request appeal, stating that three members were able to vote on the issue. Larry Eskwith checked and stated that three Councilmembers could vote on an issue. Kristan Pritz presented information on the variance request and noted the findings: The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. Ordinance No. 4 was designed to make it easier for applicants to add GRFA to single family and primary secondary units as well as multi- family units. The stipulation on multi -family units was that no deck or balcony enclosures or any exterior additions or alterations will be allowed for multi -family dwellings. The reasoning behind this stipulation was that if multi -family building owners enclosed their decks, or added exterior additions the bulk and mass of the building would be greatly increased. No physical hardship can be determined which would warrant the approval of the proposed GRFA. For this reason, it would be a grant of special privilege to allow the GRFA additions. Kent Rose acted as Mayor. Colleen Kline made a motion to uphold the PFC decision, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed 3-0, with Mayor Johnston, Dan Corcoran and Gordon Pierce abstaining. The next item was not scheduled. Mayor Johnston made a public apology to the Councilmembers regarding a hearing with the MBIA on Vail's bond rating to be held on Friday, October 11. He then asked members if they would like to go to New York at Kirchner Moore's expense to represent the Town. After much discussion, no additional Councilmembers were suggested. The next item was the Town Manager's Report. Ron Phillips stated that the Vail Symposium would be held Friday and Saturday, October 4 and 5. The Town Employee Golf Tournament would be held Friday, October 11. He also reminded everyone that the Council election would be held November 19, and that today was the first day a petition form could be picked up. Forms must be returned by October 21st. There would also be a Colorado Association of Ski Towns (CAST) dinner at Los Amigos on Thursday evening, October 3. There being no further business, the meeting adjourned at 11:00 p.m. Respectfully submitted, i • Paul R. Joh s on, ayo , ATTEST: Pamela A. AIatd!ee',qtLk Minutes taken by Brenda Chesman 0 -3-