HomeMy WebLinkAbout1988-09-20 Town Council Minutesis
MINUTES
VAIL TOWN COUNCIL MEETING
SEPTEMBER 20, 1988
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, September 20, 1988,
at 7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Mery Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
None
Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a consent agenda consisting of the following:
A. Ordinance No. 26, Series of 1988, second reading, regarding special events
exemption from the transient dealer's license
B. Ordinance No. 27, Series of 1988, second reading, an ordinance annexing a
portion of an area generally known as the Ulbrich property
Mayor Rose read the full titles of both ordinances. There was no discussion by the
public or Council. Eric Affeldt made a motion to approve the consent agenda, and
Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed
unanimously 7-0.
The next item on the agenda was Ordinance No. 29, Series of 1988, emergency reading,
to approve the World Alpine Ski Championships planning report and special review
process for temporary improvements for the event. The full title was read by Mayor
Rose. Kristan Pritz stated the Vail Valley Foundation was requesting two approvals
in this ordinance - 1) the planning document, and 2) the special review process.
She explained the requests and the reasoning for them; also, that staff would be
working with the Foundation. Kristan commented when the two items were reviewed by
the Planning and Environmental Commission, it was voted unanimously to approve both
requests, same as the staff recommendation. Also, the Design Review Board agreed
•wholeheartedly to relax the standards and that they be passed over in the process.
Mike Cacioppo stated he had a problem with the ordinance being an emergency
ordinance, but had not problems with anything else. Larry responded to Mike's
concern. Ron Phillips and Bob Krohn, of the Vail Valley Foundation, answered
questions of Council. A vote to approve the ordinance on emergency reading was made
by Gail Wahrlich-Lowenthal and seconded by John Slevin. A vote was taken and the
motion passed 6-1, with Mike Cacioppo opposing.
The next item was Resolution No. 37, Series of 1988, congratulating Maya Walker,
Miss Colorado, for becoming First Runner Up in the Miss America Pageant. Mayor Rose
presented the resolution to Maya and commented how proud everyone was of her. Mery
Lapin made a motion to approve the resolution, and John Slevin seconded. A vote was
taken and the motion passed unanimously 7-0.
The fourth item on the agenda was the Chester appeal of the Planning and
Environmental Commission decision to uphold the staff interpretation that a
residence may not be demolished and rebuilt to utilize an additional 250 square feet
as described in Chapter 18.71 of the Municipal Code. Peter Patten stated this was
an appeal of the Planning and Environmental Commission and staff decisions to deny
the request. They felt it was not the intent of the ordinance to allow the
demolishment and rebuilding of a residence to utilize and additional 250 square
feet, and wished direction to clarify the language in the ordinance. Jay Peterson
• stated he was representing the applicant, E. B. Chester. Mr. Chester introduced
himself and expressed his feelings regarding the project. Jay gave background
information and his interpretation of the ordinance; he also commented on the
unfairness of the ordinance. Gordon Pierce, architect of the project, noted when
construction got to fifty percent of the structure, they have to work to bring the
building up to code. He then commented on potential problems - the house had been
added on to several times and the foundation was not to be trusted for a new house.
With a completely new structure, nothing would have to be grandfathered in, they
could do it right the first time. Diana Donovan, a member of the Planning and
Environmental Commission, felt the applicant's interpretation of the ordinance did
not have any relationship to the discussion the Planning Commission had. She gave
some definitions as she remembered. She felt the additional 250 square feet was
meant to accommodate the needs of older properties. She commented since Mr. Chester
was rebuilding, he had removed all restrictions and why couldn't he work within the
confines of the required gross residential floor area (GRFA); he was asking for a
gift of 250 square feet. After much discussion by Council, Peter Patten and Jay
Peterson, Peggy Osterfoss, a member of the Planning and Environmental Commission,
discussed her interpretation of the ordinance which was that for buildings at least
five years old a bonus of 250 square feet was given to make improvements. She
suggested Council should consider the language of the ordinance or all buildings
would be adding 250 square feet. Diana added a few more reasons why she felt the
request should be denied. Jay Peterson commented why he felt the request should be
granted. Mayor Rose remarked on some background issues the Council had problems
with the request and he believed the original intent was very well written in the
Community Development memorandum to the Planning Commission dated September 12,
1988. He felt Council should deny or approve the Chester request to overturn the
Planning Commission decision, and then have Council consider whether or not to
•change the ordinance. After much discussion by Council, Peter Patten and Jay
Peterson, Council members commented on their interpretations of the ordinance. Mike
Cacioppo made a motion to uphold the Planning and Environmental Commission decision
and deny the request. Tom Steinberg seconded the motion. A vote was taken and the
motion passed 5-2, with Gail Wahrlich-Lowenthal and John Slevin opposing.
At this time, Mayor Rose opened discussion to change the ordinance to allow the
additional 250 square feet. He felt it probably was unfair the way it is and in the
best interest of the town to allow it; also, people should be allowed to tear down
as much as needed to improve their building; and he suggested Council direct staff
to proceed in that direction. He stated new buildings on vacant lots should not
have the extra 250 square feet, but at five years and older, yes, they should be
allowed. Eric Affeldt suggested Larry Eskwith and Jay Peterson get together to work
on a solution. Peggy Osterfoss stated this was not an isolated case, and a change
is needed in the ordinance; she also felt if the change occurred, the Chesters
should benefit. E. B. Chester thought they had certain rights under the ordinance
and could take it to a higher court. After some discussion, Council directed staff
to work on changing the ordinance to allow an additional 250 square feet for a total
remodel of the building, and for small additions and improvements to existing
buildings. Gordon Pierce asked if staff would please notify him when the updated
ordinance would be presented at a Work Session.
• The fifth order of business was restriction for parking passes and coupons during
the World Alpine Ski Championships. Ron Phillips, the Chairman of the Municipal
Services Committee and a member of the World Championships Organizing Committee,
stated the committees recommended the Town consider total restriction of coupon
usage during the total 15 days, and blue passes be used only at the Lionshead
structure. They were working on outlying parking in West Vail and a special shuttle
bus system. After some discussion by Council, Jo Brown commented she was concerned
over the stress that would be placed on the people who live and work here. Mayor
Rose stated the coupons and blue passes would be allowed only in the Lionshead
structure during the Championships, January 29-February 12, 1989. John Slevin made
a motion to approve coupons and blue passes only be allowed in the Lionshead Parking
Structure during the Championships, and Tom Steinberg seconded. A vote was taken
and the motion passed unanimously 7-0.
•
There was no Citizen Participation.
Mayor Rose noted he had signed a proclamation concerning the World Wide Church of
God in appreciation of their business. He stated that Sunday, September 25, is
proclaimed as World Wide Church of God Day in Vail as recognition of this
appreciation.
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Ella Knox commented she heard the Town digs up their pansies, throws them away, and
plants new ones every year. She stated that pansies were perennials and would bloom
every year. Mayor Rose stated that Stan Berryman would look into it and if they are
thrown out, Public Works would notify Ella, so she could take some for herself.
Mayor Rose noted lastly that Jo Brown was voted as Chairman of the Board of the Vail
Board of Realtors last week.
There being no further business, the meeting was adjourned at 9:55 p.m.
ATTEST: .
Pame a Bran meyer, ow rk
Minutes taken by Brenda Chesman
0
•
Respectfully submitted,
'J v J oyC_
Kent R. Rose, Mayor
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