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HomeMy WebLinkAbout1990-12-18 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING DECEMBER 18, 1990 7:30 P.M. • A regular meeting of the Vail Town Council was held on Tuesday, December 18, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Jim Gibson Peggy Osterfoss Robert Levine MEMBERS ABSENT: Mery Lapin Lynn Fritzlen TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was approval of the minutes of the November 6 and 20, 1990, meetings, with a corrected vote outcome for the November 20 minutes. Tom Steinberg moved to approve both sets of minutes contingent on this correction, and • Rob Levine seconded that motion. A vote was taken, and the motion passed unanimously 5-0. Item No. 2 was Citizen Participation. There being none, the Council moved forward to Item 3. Item No. 3 was appointment of a Liquor Authority Member. Pam Brandmeyer stated because John Milligan had just moved to the Highland Meadows area, and this area was not currently a part of the Town of Vail, that she was asking the Board to appoint David Wilson to a 2-year term to the Authority. Jim Gibson moved to approve Mr. Wilson's appointment, and a second was made by Tom Steinberg. A vote was taken, and the vote was unanimous 5-0. Item No. 4 was Ordinance No. 43, Series of 1990, a second reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Police Seizure Fund, Vail Marketing Fund, Booth Creek Improvement Fund, and the West Vail Assessment District Fund of the 1990 Budget and the Financial Plan for the Town of Vail, Colorado, and authorizing the expenditures of said appropriations as set forth herein. Mayor Rose read the title in full. Steve Barwick noted $25,000 had been added to this ordinance in the General Fund to allow for a workman's comp. billing newly received by the Town of Vail. Jim Gibson moved to approve the ordinance on . second reading. Peggy Osterfoss seconded that motion. A vote was taken, and the motion passed unanimously 5-0. Item No. 5 on the agenda was Ordinance No. 42, Series of 1990, first reading, an ordinance repealing and reenacting Chapter 8.28 of the Municipal Code of the Town of Vail to expand, strengthen, and clarify code provisions relating to the air pollution control. The applicant: Town of Vail. Mayor Rose read the title in full. Kristan Pritz and Susan Scanlan spoke to the issue, indicating staff had been directed by the Council and Planning Commission to update the existing air quality regulations to incorporate technological changes and to improve the air quality in the Town of Vail. The PEC had approved this draft ordinance 5-0. The background on the proposed amendments to Ordinance were as follows: 1) Only one certified wood stove or fireplace is permitted per dwelling unit; 2) In new construction, up to three fireplaces can be constructed to be equipped with gas logs, but if more than one gas log fireplace is constructed, woodburning is no longer allowed in the unit; 3) Gas appliance fireplaces can be installed in any dwelling unit, not to exceed three in number; 4) The only exception to these points is made in restricted units, which are those secondary units in primary/secondary, duplex or single-family districts, where the restricted unit cannot be subdivided or sold separately. In those restricted units, woodburning is no longer allowed. One fireplace can be constructed for gas logs, and up to two gas appliance fireplaces can be installed. • 5) When any number of separate units are combined to form a larger unit, and each previously contained a solid fuel burning unit (fireplace or woodstove), all solid fuel burners must be removed except one or be converted to gas with a maximum of three gas logs and three gas appliances per unit. Kent Rose suggested the ordinance needed to be strengthened even more. Tom Steinberg indicated he thought it was appropriate to forbid woodburning in any new construction, to place a sales tax on all wood products with proceeds earmarked toward conversion to gas appliances, and that this language should be added to the actual Ordinance No. 42. Later, he suggested it would be more appropriate to add the earmarked funds as a matter of • policy rather than incorporating them into the ordinance. Peggy Osterfoss recommended providing strong incentives to choose alternatives for allowing one woodburning appliance and to put the proceeds from conversions into a fund to provide assistance to others to help in conversion to gas. She suggested this would be both beneficial and fair. Further discussion ensued regarding setting a fee at a premium price, such price to be left blank until second reading of the ordinance. Also considered gel logs as a further possibility to those in lieu of gas and also to consider the price for the set fee for woodburning units to be in a ten to one conversion rate, i.e., if the cost of the conversion to gas is estimated between $800 and $1000, that the permit fee per woodburning unit be set at $10,000. Rob Levine then moved to approve Ordinance No. 42 on first reading, with the suggested changes listed below. Tom Steinberg seconded this motion. The suggested changes were: 1) No woodburning should be allowed in new construction or remodels except if a person is willing to pay $10,000 for a woodburning fireplace per new dwelling unit; and 2) An estimated fee in the amount of $10,000 for a woodburining fireplace would be used to assist conversion of woodburning fireplaces to gas. A vote was taken, and the motion passed unanimously 5-0. Item No. 6 was Ordinance No. 45, Series of 1990, an ordinance requesting a major amendment to SDD #4, commonly known as Cascade Village, Section 18.46-Area D, in order to adjust the phasing in order to allow for an office addition to the Glen . Lyon office building, 1000 S. Frontage Road West, Lot 45, Block K, Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership. Mayor Rose read the title in full. Shelly Mello explained the applicant was requesting to amend SDD #4 in order to allow for the enclosure of an existing deck without meeting all of the conditions of approval related to this SDD. The proposed deck enclosure would be part of the 2800 sq. ft. office expansion previously approved by the Planning Commission and Council in March 1990. The Planning Commission had voted unanimously to approve the amendment. The applicant would be adding 400 sq. feet. As a part of the approval, the applicant further would be undergrounding utilities and increasing landscaping around the site. Jim Gibson moved to approve this ordinance on first reading. Tom Steinberg seconded the motion. A vote was taken, and the motion passed unanimously 5-0. Item No. 7 on the agenda was Ordinance No. 46, Series of 1990, first reading, an ordinance amending Sections 18.54.020 E of the Vail Municipal Code to provide for Design Review Board Meetings on the first and third Wednesdays of each month only; amending Section 18.54.050 A.6 to provide that asphalt and fiberglass shingles may be permitted on structures within the Town of Vail under certain circumstances; deleting Section 18.54.050 B.13 of the Vail Municipal Code; and setting forth details in regard thereto. Applicant: Town of Vail. Mayor Rose read the title in full. Shelly Mello reported this ordinance was for housekeeping purposes for the . zoning code. She explained the minor modifications to the guidelines. Tom Steinberg moved to approve this ordinance on first reading. Peggy Osterfoss seconded that motion. A vote was taken, and the motion passed unanimously 4-0. (At this point, Jim Gibson had stepped out of the room.) Item No. 8 on the agenda was Resolution No. 26, Series of 1990, an honorary resolution on behalf of the Town Council of the Town of Vail, Colorado, recognizing the contributions of Ted Kindel for his years of service to the community of Vail, Colorado. Following comments by Tom Steinberg and Kent Rose, Tom Steinberg moved to approve the resolution, with a second from Peggy Osterfoss. A vote was taken, and the motion passed unanimously 5-0. Item No. 9 on the agenda was a sign variance for Big Horn Rentals, located at 4327 Streamside Circle; Lot 6, Big Horn 4th Filing. Applicant: Douglas Hiller. Andy Knudtsen explained the owner of Big Horn Rentals would like to replace the existing non -conforming, freestanding sign with another sign of the same size, at the same location. The sign code prohibits alterations to nonconforming signs without a variance. The DRB voted 3-0, recommending approval of the request with the conditions that the height of the sign be reduced to 8 feet, and a planter with flowers to be added to the base of the sign. Summarizing the variance background request, the findings, and staff analysis, Andy stated the DRB generally had agreed + with the staff rationale that a variance could be approved if the sign were brought ! closer to conformance with the Town Sign Code. After the applicant made a few modifications, the DRB recommended approval with a 3-0 vote. The staff position was to support a request for an alteration to the nonconforming sign which would be more -2- A compatible with the surrounding residential neighborhood. The staff did not feel that the current proposal, however, was close enough to conformance or met the findings of the sign code. Specifically, Finding C, which speaks to general harmony was not met. Finding E also was not met as the request was too great a departure from the sign code. Douglas Hiller stated that the sign would be 2 feet lower than • the current sign, and wanted to upgrade the sign and beautify the area. After discussion, at 9:00 p.m., Jim Gibson moved to go into an executive session. This motion was seconded by Rob LeUine, and the motion passed unanimously 5-0. At 9:10 p.m., the Council reconvened the meeting, and Rob LeUine made a motion to approve the variance for the sign. This motion was seconded by Kent Rose. Rob based his motion on the fact that the applicant did have a physical hardship, and this related to each of these findings: A) a physical hardship; B) special circumstances; C) special circumstances not created by the applicant or anyone privy to the applicant; D) the granting of the variance would be general harmony with the surrounding neighborhood; E) the variance applied for did not depart from the provisions of this title anymore than is required to identify the applicant's business or use. Peggy Osterfoss declared based on -the criteria, there was no physical hardship, and that this was not in general harmony with the surrounding neighborhood, and encouraged the applicant to comply with the general guidelines. Kent Rose stated because of the location of this business on Big Horn Road and with the knowledge that many condo projects already have obvious signing, the sign would be a service to renters. Since the business was on the edge of the neighborhood on a busy road, special circumstances and physical hardship existed. Kent Rose also stated that the site topography in the area of the sign made it somewhat difficult to see from Bighorn Road. Jim Gibson stated he did not wish to support this variance because he would be legalizing a nonconforming sign. At this point, a vote was taken, and the • vote passed 3-2, with Jim Gibson and Peggy Osterfoss voting no. Item No. 10 on the agenda was the Ski Museum Lease. Following discussion, Jim Gibson moved to approve the lease as presented by the Town Attorney, with a second from Kent Rose. A vote was taken, and this motion passed unanimously 5-0. Item No. 11 was action on the Town Manager Compensation. Kent stated that the Town Manager's productivity and his accomplishments were quite good, that Ron was thought of highly, and that a 10% increase to his base compensation has been suggested by the Council. Rob LeUine suggested this was not to be considered a precedent, but in fact put Ron's salary more in line for overall TOV employee compensation. Jim Gibson moved to approve the 10% increase. Rob LeUine seconded that motion. A vote was taken, and the motion passed unanimously 5-0. There being no further business, the meeting was adjourned at 9:40 p.m. ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela Brandmeyer • Respectfully submitted, Vnt Rose, Mayor -3-