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HomeMy WebLinkAbout1993-06-15 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING JUNE 15, 1993 7:50 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 15, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:50 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob LeVine Bob Buckley TOWN OFFICIALS PRESENT: Larry Grafel, Acting Town Manager Pam Brandmeyer, Assistant to the Town Manager Larry Eskwith, Town Attorney The first item on the agenda was Citizen Participation of which there was none. • Second on the agenda was a Consent Agenda consisting of one item: Ordinance No. 12, Series of 1993, second reading, an ordinance amending Ordinance No. 31, Series of 1992, to reduce the interest rate to be paid on installments of special assessments against affected properties within the Booth Creek Local Improvement District. Mayor Osterfoss read the title in full. Tom Steinberg moved to approve the Consent Agenda, with a second from Mery Lapin. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was Ordinance No. 5, Series of 1993, second reading, an ordinance amending Chapter 16.04, and Sections 16.12.010, 16,20.220, 16.22.160, 16.26.010, 16.20.015 and 16.22.016 of the Town of Vail Municipal Code to provide for the prohibition of neon signs and exterior gas filled, illuminated and fiber optic signs, and providing regulations regarding the review of all other gas filled, illuminated and fiber optic signs, and providing details in regard thereto. Mayor Osterfoss read the title in full. Kristan Pritz requested this ordinance and related Ordinance No. 13, Series of 1993, which was agenda item No. 4, be tabled until July 6, 1993. She advised staff had met with attorney Art Abplanalp, and staff had found his input helpful toward refining this ordinance. Mery Lapin moved to table Ordinance No. 5, Series of 1993, and Ordinance No. 13, Series of 1993, to July 6, 1993. Bob Buckley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 13, Series of 1993, first reading, an ordinance amending Is Paragraphs 16.32.030(F) and 16.32.040(A) of the Municipal Code of the Town of Vail, to provide for the termination of any non -conforming sign five years after the effective date of any amendment to the Sign Code Ordinance, and setting forth details in regard thereto. The title was not read. The tabling of this ordinance until July 6, 1993, was passed unanimously as part of the motion, second, and vote on agenda item No. 3, above. Item No. 5 was Resolution No. 7, Series of 1993, a resolution recognizing Gordon Brittan as an honored citizen of the Town of Vail on the occasion of his 90th birthday. Mery Lapin moved to approve Resolution No. 7, Series of 1993, with a second from Jim Gibson. Mayor Osterfoss read the title in full, and briefly mentioned some of Mr. Brittan's contributions to the community as detailed in this resolution. A vote was taken and the motion passed unanimously, 7-0. Item No. 6 appeal of the Design Review Board (DRB) decision regarding a deck, hot tub, and required landscaping at the Kandell residence located at 4259 Nugget Lane/Lot 2, Bighorn Estates Resubdivision of Lots 10 & 11 (east half of duplex). The appellant, Dr. Robert Kandell, was not present; east side adjacent property owners, the McCue's were. Tim Devlin presented and discussed two sketches of the deck configuration and landscaping. He reviewed the chronology of events beginning with the building of the deck in April, 1992, It without approval from the Planning and Environmental Commission (PEC) or the Design Review Board (DRB). He noted there had also been no building permit issued, Full details of the chronology were detailed in CDD's memo dated June 1, 1993, to Council. Tim advised that staff had been working extensively with the appellant and adjacent neighbors to resolve the issue. The issue had first been heard by the PEC in December, 1992, at which time Dr. Kandell was in town. At that time, his request was for two side setback variances, and a Gore Creek setback variance. The DEC's action on those requests was that the west side variance (Dunahay side) would be granted as proposed by the appellant; the east side variance was granted with the condition that the final determination regarding landscaping be decided by the DRB, Tim noted that the staff at that time, working with the Kandell's and McCue's, had reached an agreement on the planting of five (5) 10' evergreen trees to screen the deck and hot tub from the McCue's view. The PEC's determination on the Gore Creek setback variance was that the entire portion of the deck in the Gore Creek setback was not allowed by Code and should be removed. The matter was heard by the DRB in April, 1993, and at that time, a representative of west side neighbor Mr. Dunahay appeared to express that the Dunahay's wanted the deck cut back on the west side to his privacy wall. On the east side setback, the DRB thought it was appropriate that five (5) 10'-12'evergreens should be planted in order to mitigate the encroachment into the setback. At that time, Dr. Kandell had withdrawn his proposal to plant any trees there; he did not feel that any trees could survive there and did not feel that trees were appropriate there. However, the direction of the PEC to the DRB was that the trees would be necessary, but the specifics would be decided by the DRB. The DRB's determination, again, was for five (5) 10'-12'trees. Subsequent to that decision, Dr. Kandell appealed both the PEC's and the DRB's decisions. However, the ten (10) day period of appeal for the PEC decision had expired. Therefore, at this meeting, Council was hearing only the appeal of the DRB decision. Tim • noted George Lamb, DRB Chairman, was unable to be present at this meeting and had submitted a letter directed to Council in his absence. The letter described further the chronology of the issue, emphasized the duration of the matter, and encouraged it be finalized without further delay. Tim added a fax from Dr. Kandell had been received at 15:45 before this meeting explaining he would not be present this evening. Dwight Kudel, representing Dr. Kandell, read Dr. Kandell's letter in its entirety for the record. Dr. Kandell's letter included admission of his error in building the deck without prior approval and appropriate building permits, but that this was done out of ignorance on his part with regard to the proper procedure to be followed. Tom Steinberg asked Mr, Kudel if the electrical work on the hot tub had been done by electricians, if a plumber hooked up the water for the project, who the contractor was, if there was there an architect involved, and if any of those people were licensed. Mr. Kudel advised he only labored on construction of the deck, and was unable to answer any of Tom's questions. Tom Steinberg moved that the appellant be required to tear down the project completely with no further appeal process, and that the tear down project be done by a contractor licensed within the Town of Vail. Bob Buckley seconded the motion. At this point, Larry Eskwith advised Council adjourn to Executive Session to discuss the matter before a vote. Jim Shearer moved to adjourn Council to Executive Session, with a second from Bob Buckley. Mayor Osterfoss noted there was already a motion and second on the floor and called for comments from others involved. Tom Steinberg withdrew his motion; Bob withdrew his second, and the motion and second to adjourn to Executive Session remained. Under discussion before a vote on the remaining motion and second, Mr. McCue requested that a transcript of his comments to Dr. Kandell be made available for Dr. Kandell and Mr. Dunahay. Mr. McCue spoke in response to Dr. Kandell's letter, particularly referring to Dr. Kandell's repeated absence from hearings on this issue. Mr. McCue stated he had spoken with John Tinker, the individual Dr. Kandell had hired to build the project. Mr. McCue related that Mr. Tinker commented the Kandell project was to be a "stealth" project, such that no licensing fees would have to be paid, and knew the project might not conform to Code, but the project was to be done quickly and quietly, Mr. McCue said he did not know if an application had been made for side setbacks with former TOV Planner Jill Kammerer, but if so, he felt there must be a record on file at TOV. Mr. McCue said that Dr. Kandell had called him over the past few days to try to find some mutually acceptable agreement to the matter; however, after his recent communications with Dr. Kandell, Mr. McCue felt Dr. Kandell had completely negated their previous agreement for landscaping, and now Mr. McCue felt he must negate any support of the project. He said he had tried to work with Dr. Kandell, but now felt he could not make an agreement with him, and wanted the deck torn down. It 2 There being no further public input, a vote was taken on the motion and second to adjourn into Executive Session regarding legal matters, and passed unanimously, 7-0. Council adjourned into Executive Session at 8:15 P.M. Council reconvened from Executive Session at 8:55 P.M. Jim Gibson moved to uphold the DRB's decision as detailed in CDD's memo to Council dated June 1, 1993. The full final motion included that the deck be brought into conformance with the Uniform Building Code, subject to the inspection and approval of the Town of Vail Building Department; that the deck be cut back on the west to the existing privacy wall between the Kandell residence and the Dunahay residence and from that point on the privacy wall on the west, the deck would be cut back to the northeast corner of the deck according to the configuration agreed to by Dr. Kandell and Mr. Dunahay; that in no case could the deck exceed five (5) feet in height above existing grade, measured from the existing grade to the top of the decking; that a minimum of five (5) evergreen trees 10'-12' in height be planted between the deck and the McCue's property directly to the east to mitigate the visual impact of the deck; that a Building Permit be obtained by a contractor licensed with the Town of Vail before any work was commenced on the deck; a double fee would be charged for the building permit as penalty for construction without a permit; the building permit application was to be submitted with an accompanying site plan showing the new deck configuration, as well as the specific size and location of the five (5) evergreen trees; that TOV's Building Department would require that a drawing detailing the structural, electrical, and plumbing specifications of the deck and hot tub be submitted for their review as part of the building permit application; that the deck/hot tub be brought into conformance with the National Electrical Code and Uniform Plumbing Code (as well as the Uniform Building Code), subject to the inspection and approval of the Town of Vail Building Department; that if any of the five (5) required 10' to 12' evergreen trees should die or otherwise be removed within two (2) years of their installation, that they be replaced by Dr. Kandell with a tree(s) of the same species and comparable in height; and that all of the aforementioned conditions be completed or the entire new deck removed by a licensed contractor no later than Tuesday, June 29, 1993. I£ the new deck and hot tub were not completely removed, or if the approved project was not completed in its entirety with the above specified conditions of approval by June 29, 1993, Council direct staff to take all administrative actions and steps necessary to enforce the laws of the 'Town of Vail. Further, Council directed staff to issue citations to Dr. Kandell for every day after June 29, 1993, that said project remained uncompleted, unless the new deck and hot tub were completely removed. Council also directed staff to talk with the carpenter that constructed the deck without approval or permits from the Town of Vail, Mr. John Tinker of Eagle, Colorado. Mery Lapin seconded the motion. Jim Gibson also indicated the project should be red tagged immediately because it had not been through an inspection process. After brief discussion, a vote was taken and the motion passed unanimously, 7-0. Item No. 7 was an appeal of a Planning and Environmental Commission (PEC) decision to not allow the removal of a dwelling unit in the A & D Building/286 Bridge Street/Lots A- D/Block 5A, Vail Village First Filing. The appellant was Vail Associates, Inc. to bo • represented by Jack D. Hunn. The appellant had contacted staff prior to this meeting to request their appeal be tabled until July 6, 1993, as they required additional time to prepare their presentation. Mery Lapin moved to table this appeal until July 6, 1993, at the appellant's request. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously. Before adjournment, Mery Lapin initiated discussion of an item not on the agenda concerning the Par-3 Golf Course area. He recalled TOV had given approval to the Water District to use that property as mitigation for the wetlands, and he inquired if Council was still in agreement with that decision. Tom Steinberg said the Water Board had already ordered the plants, had them grown, and they were concerned about time running out for transplanting. Kristan indicated that the Vail Recreation District (VRD) was aware of this issue, and the staff had asked the two boards to communicate and resolve the issue of whether or not the wetland improvements in the Far-3 area would be part of the Water District's final mitigation plan. Larry Eskwith announced he was leaving TOV on June 30, 1993, to join the law firm of Bailey, Harring & Peterson. He noted that firm represents The Lodge at Vail and litigation involving the exchange of certain Forest Service land adjacent to The Lodge at Vail with privately owned land located within the National Wilderness area. This was a matter TOV has opposed, and he has been involved with the matter on behalf of TOV for over six years. He explained that in order to comply with Rule 1.11 of the Colorado Rules of Professional Conduct, subsequent to his joining the law firm of Bailey, Harring & Peterson, he would be totally screened from an participation in The Lodge at Vail litigation or any matters relating thereto. He said that litigation of the matter had proceeded to a summary judgement on the part of TOV, and the briefs were now before Judge Nottingham. Larry discussed the press statement he released at Council's request regarding this issue. Council expressed general discomfort with the arrangement, but Mayor Osterfoss stated TOV had Larry's verbal and written affirmation and identification of the rule and it was clear that he planned to abide by that rule. Jim Gibson asked Larry Eskwith if TOV should employ an attorney who was not yet a member of the Colorado Bar. Larry said he could not say TOV should not do that, but felt it could present some problems, particularly with representation of the TOV before any administrative hearing or administrative action or before the Court system. Jim Gibson asked if TOV could call on Larry for support that might be needed in an such instances. Larry Eakwith said that was acceptable, and noted TOV would be billed for his time. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:30 F.M. ATTEST: 7-.-- FYIUI,�tMcCutcheon, Town Clerk Minutes taken by Dorianne S. Delo C:WIINJUNt li.93 Respectfully submitted, Margaret . Osterfoss, Mayor Y 4 t