HomeMy WebLinkAbout1991-08-06 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 6, 1991
7:30 P.M.
• A regular meeting of the Vail Town Council was held on Tuesday, August
6, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal
Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Robert LeVine
Peggy Osterfoss
Jim Gibson
Mery Lapin
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Ken Hughey, Assistant Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was Citizen Participation, of which there
was none.
Second on the agenda was a Consent Agenda consisting of two items:
A. Approval of Minutes of July 2 and 16, 1991, meetings
B. Ordinance No. 21, Series of 1991, second reading, (formerly
Ordinance No. 42, Series of 1990), an ordinance repealing and
reenacting Chapter 8.28 of the Municipal Code of the Town of
Vail; setting forth certain provisions to control air
pollution within the Town; and providing details with regard
thereto
Mayor Rose read the title of Ordinance No. 21, Series of 1991, in full.
Mery Lapin moved to approve both items, with the second coming from Peggy
Osterfoss. A vote was taken and the motion passed unanimously, 7-0.
Item No. 3 was Ordinance No. 23, Series of 1991, first reading, an
ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail
by the addition of Section 5.32.030; providing for the issuance of
temporary permits for the issuance of alcoholic beverages under certain
circumstances; and providing details in regard thereto. Mayor Rose read
the title in full. Larry Eskwith advised the State passed a statute
effective 7/l/91 permitting municipalities to issue temporary liquor
licenses in situations where there has been a transfer of a licensed
premise. Mery Lapin moved to approve Ordinance No. 23, with the second
coming from Tom Steinberg. A vote was taken and the motion passed
unanimously, 7-0.
Item No. 4 was Ordinance No. 24, Series of 1991, first reading, an
ordinance providing for the establishment of Special Development District
No. 26; adopting a development plan for Special Development District No.
26; in accordance with Chapter 18.40 of the Vail Municipal Code and
setting forth the details in regard thereto. Mayor Rose read the title
in full. Kent Rose stepped down from this discussion due to personal
involvement. Abe Shapiro, applicant and property owner, had filed a
request for the establishment of an SDD for a 6.8 acre unplatted parcel
of land located in the northwest section of Lionsridge Filing No. 1;
north of Sandstone Drive and west of Potato Patch Drive. Mike Mollica
presented particulars regarding the ordinance including an explanation
of four (4) variations from the underlying zone district (Agricultural
and Open Space) this SDD request would require: (1) a request to expand
the maximum allowable GRFA from 2,000 sq. ft. to 4,625 sq. ft. for the
site, not including a 900 sq ft. attached garaged considered a "credit"
not included in the GRFA calculation, (2) the proposed addition of one
restricted (secondary) employee dwelling unit consisting of approximately
1,200 sq. ft. integrated into the main structure, and (3) and (4)
• requests for variations from the underlying zoning with regard to the
maximum height of the proposed retaining walls and the maximum slope of
cut and fill areas. As detailed in CDD's memo to the PEC dated 7/8/91,
the PEC voted 5-0, unanimously recommended denial of the applicant's
request. After comments and visual presentations by applicant Abe
Shapiro, Peggy Osterfoss pointed out that other options could still have
been pursued, i.e., build by right or pursue variances. Following a
• review and discussion of the purpose section of the special development
district chapter of the zoning code (Section 18.40.010), and then
specifically citing the key issues of this SDD proposal as those of
compatibility, benefit to the community, re -vegetation difficulties/
driveway -road scarring of the mountainside and alternatives to accessing
the property, as well as lack of evidence of any hardship to Mr. Shapiro,
Jim Gibson moved to deny Ordinance No. 24, with a second coming from Mery
Lapin. A vote was taken and the motion passed unanimously, 6-0-1, Kent
Rose abstaining.
Item No. 5 was Ordinance No. 25, Series of 1991, first reading, an
ordinance repealing and reenacting Chapter 15.02; adopting by reference
the 1991 editions of the Uniform Building Code, the Uniform Mechanical
Code, the Uniform Fire Code, the Uniform Plumbing Code, the Uniform Code
for the Abatement of Dangerous Buildings, the Uniform Codes for Uniform
Building Code Standards, the Uniform Fire Code Standards, and the 1990
edition of the National Electric Code; setting forth certain amendments
to the Uniform Building Code, the Uniform Mechanical Code, the Uniform
Fire Code, and the National Electric Code; and repealing Chapters 15.08
Building Permits - Review Procedures, 15.28 Water Closet Specifications,
and 15.32 Model Energy Efficiency Construction Standards; and amending
Section 15.36.010 of the Municipal Code of the Town of Vail; and setting
forth details in regard thereto. Mayor Rose read the title in full.
• Larry Eskwith said that two minor changes needed to be made to the
ordinance before submitted: First, to Section 15.02.020 (page 2 - to
both paragraphs C and D), publisher name added: The International
Association of Plumbing and Mechanical Officials, 20001 S. Walnut Dr.,
Walnut, California 91789. Secondly, there was a typo -graphical error in
paragraph (a) under Required Installations. The Uniform Building Code
referenced should be the 1991 edition, not the 1982 edition. Corrections
will be made for second reading. Jim Gibson moved to approve Ordinance
No. 25, with the second coming from Mery Lapin. A vote was taken and the
motion passed unanimously, 7-0.
Item No. 6 on the agenda was Resolution No. 15, Series of 1991, a
resolution setting forth the intent of the Town of Vail, Colorado, to
issue bonds to finance various projects. Mayor Rose read the title in
full. Steve Barwick explained this resolution would allow the Town to
include expenditures that may be made during the balance of 1991 for
design of the Police Building and/or design of the possible additions to
the Public Works Administration Building in the possible bond issue for
the Police Building in 1992. Rob LeVine moved to approve Resolution No.
15, with the second coming from Tom Steinberg. A vote was taken and the
motion passed unanimously, 7-0.
Item No. 7 on the agenda was an appeal of the PEC decision regarding site
• coverage for the Stanley Duplex, Sunburst Drive/Lot 1, Vail Valley Third
Filing, a resubdivision of part of Sunburst. Mr. Snow was not present
in Council Chambers when this agenda item was announced. Mayor Rose
moved on to agenda Item No. 8.
Item No. 8 on the agenda was an appeal of the DRB decision to deny a sign
variance for Breeze Ski Rentals (Montaneros Commercial Condominium, Unit
100/641 N. Lionshead Circle/Part of Lot 8, Block 1 Vail Lionshead Third
Filing). Applicant: Louis Sapiro. The sign variance request would
increase the number of allowable wall mounted or projecting signs by one
(1), and increase the area of signage on the building in excess of the
signage area allowed by 2.25 sq. ft. Staff did not support the variance
request as they did not feel the location of the business presented a
physical hardship. After brief discussion based on the CDD's memo to the
DRB dated 7/17/91, Peggy Osterfoss moved to deny this sign variance
request, with a second coming from Rob LeVine. A vote was taken and the
motion to deny passed, 5-2, with Mery Lapin and Jim Gibson voting against
the motion.
Jack Snow arrived and Mayor Rose returned to Item No. 7 on the agenda,
Mr. Stanley's appeal of the PEC decision regarding site coverage for the
Stanley Duplex. Jack Snow, the architect representing Mr. Stanley,
referred to the CDD's memo to the PEC dated 6/10/91 which addresses the
• definition of site coverage. Mr. Snow responded to that memo by a letter
dated 6/20/91, in which he expressed the site coverage definition seems
to be contradictory. Rob LeVine felt this a was housekeeping item, and
a verbiage change in the code would be all that was needed to clarify the
definition. Council agreed that the code verbiage does need changing.
Mery Lapin moved to uphold the PEers decision that the area under the
deck does not count as site coverage, with a second coming from Tom
Steinberg. A vote was taken and the motion denying the applicant's
request passed, 4-3, with Jim Gibson, Lynn Fritzlen, and Rob LeVine
voting against the motion.
Item No. 9 on the agenda was a Proclamation of the Mayor declaring Labor
Day Weekend as Physically -Challenged Access to the Woods Weekend, in
recognition of P.A.W. Mery Lapin moved to approve the proclamation, with
a second coming from Peggy Osterfoss. A vote was taken and the motion
passed unanimously, 7-0.
Not on the agenda, but raised by Mery Lapin, was a question from Larry
Eskwith regarding Council direction needed in the Schmetzko vs. Town of
Vail case. Mery Lapin moved to direct the Town Attorney to enter into
an agreement in the case of Schmetzko vs. Town of Vail, Civil Action No.
90F2058, assuming that it meets the approval of the Town Engineer; with
a second coming from Jim Gibson. A vote was taken and the motion passed
unanimously, 7-0.
There being no further business; Mayor Rose moved to adjourn the meeting
at 10:15 P.M.
Respectfully submitted,
Ken R. Rose, Mayor
ATTEST:
Pamela A. Brandmey6r, Town Clerk
Minutes taken by Dorianne S. Deto
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