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Home My WebLink About1987-08-18 Town Council Minutes11 MINUTES VAIL TOWN COUNCIL MEETING AUGUST 18, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 18, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gordon Pierce John Slevin MEMBERS ABSENT: Gail Wahrlich-Lowenthal Hermann Staufer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was presentation of a Ten Year Anniversary Silver Belt Buckle to John Gallegos. Notes of commendation were supplied by Ron Phillips and • Stan Berryman. The second order of business was presentation of a Ten Year Anniversary Silver Belt Buckle to Kurt Mulson. Notes of commendation were supplied by Ron Phillips and Ken Hughey. The third item on the agenda was the Public Input Session for the 1988 Budget, with Ron Phillips supplying some background information on the overall process and Steve Barwick giving a short presentation. Steve noted the Town Council had already completed their Service Level Analysis surveys and the results had been so noted. Additionally, he broke down sources for revenues and expenses of the Town of Vail, and noted there would be no major changes other than the potential for the Town of Vail to collect its own sales tax, such change assuring an additional revenue source of $1.1 million dollars the first year of collection. No comment from the public was forthcoming. Item four on the agenda was Ordinance No. 17, Series of 1987, first reading, an ordinance adopting an investment policy for the Town of Vail. Charlie Wick noted this had been discussed thoroughly at the work session during the afternoon, and there being no further discussion, Gordon Pierce moved to approve this ordinance, with a second coming from John Slevin. A vote was taken, with all in favor except Eric Affeldt. Following the vote, Eric stated he was still uncomfortable with the collateralization of certificates of deposit over $100,000.00 where real estate mortgages are used for collateralization. The fifth order of business was Ordinance No. 30, Series of 1987, first reading, an ordinance approving a special development district (known as special development district No. 18, Victorians at Vail) and the development plan in accordance with Chapter 18.40 of the VAIL MUNICIPAL CODE and setting forth details in regard thereto. Rick Pylman presented an overall view of the project. David Skirmhorn introduced himself as one of the developers of this project, and also noted that John Neilson and Cynthia Williams were in the audience as well. Skirmhorn stated that negotiations were still proceeding for placing the Holy Cross lines underground, and that surrounding neighbors and parties of interest had been contacted in regard to their participation in that facet of the project. A discussion also ensued regarding the road access and road radius for the fire department. Eric Affeldt moved to approve the ordinance on first reading, by including the following conditions from both staff (per August 10, 1987 memo) and Planning Commission (per August 18, 1987 memo): STAFF RECOMMENDATION: • 1. The site plan and building plans submitted by the Architractor Design Group and the preliminary plans submitted by Johnson Kunkle and Associates shall serve as the development plan for this special development district. 2. The access drive be redesigned to provide the required buffered zone from the eastern property line of Lot 2, Block 3, Bighorn 3rd. 3. The existing overhead power lines shall be installed underground the length of the property before a temporary certificate of occupancy is . issued. PLANNING COMMISSION: 1. The applicant not remonstrate against a special improvement district, if one is formed in that area for the purpose of creation and financing of a bicycle path that would serve Bighorn Road. 2. That condo declarations be filed with the property that address additional GRFA and common maintenance provisions. The change from wording of the setbacks as described in the staff memorandum dated August 10, 1987, to the wording that is listed in the ordinance to go to Town Council. Kent Rose seconded this motion. A vote was taken and the motion passed unanimously, 5-0. The next item on the agenda was a Vacation and Abandonment of an Existing Easement ver the northerly ten feet of Tract A, Vail Village, First Filing. Kristan Pritz noted that all utilities had signed off on the Vacation and Abandonment. Kent Rose moved to approve this item as presented, with a second coming from Gordon Pierce. A vote was taken and the motion passed unanimously, 5-0 The seventh item of business was an appeal of the Red Lion Inn Amplified Sound Permit. Ron Phillips described the process for granting a sound permit and the criteria involved. Susan Scanlan stated that of the five existing long-term amplified sound permits, she was having problems with the Red Lion, and had complaints involving Pepi's deck, too. No parties with equity interest ownership in the Red Lion Inn were present at this hearing, although Steve Meyer, the musician at this location, was present to speak on behalf of continuing the permit. It was established that proper notice had been given to the permittee, both verbally and in writing. It was further established the sound level meter had been calibrated within the past thirty days. Steve Meyer presented material from ROLLING STONE MAGAZINE relating to crowd noise decibel levels, as well as his attempts to work with Susan in monitoring the noise. Jack Curtin, the appellant, presented documentation of various incidents where the permittee had played music beyond the decibel level requested and granted, and incidents where music .was played outside the time parameters which had been granted. After all the testimony was given, Eric Affeldt moved to revoke the amplified sound permit for the Red Lion Inn, and this was seconded by Kent Rose. His findings noted the repeated violations of the •permitee, as well as a disregard for Town ordinances. A vote was taken and the motion passed unanimously, 5-0. Under Citizen Participation, Jack Curtin spoke further of the problem with amplified sound on decks in town. He suggested to the Council they review the current ordinance and remove amplified sound permits that are given over a long period of time. Larry Eskwith noted the original ordinance was not conceived to cover "live" entertainment, and that after he reviews some procedural and legal problems, he will be re -drafting this section of the ordinance. Bob Fritch also noted he was having numerous problems with amplified sound coming from various decks and, now that he understood the procedure for pursuing getting rid of the sound, would do so. Eric Affeldt requested that Susan Scanlan check with current live performers to see what their response to the demise of amplified sound might be. He asked this be returned to the Council for their consideration within thirty days. • The eighth item on the agenda, the Town Manager's Report, included the following information: 1. Bus ridership was up 6.5% in July, which ridership was down in April, May and June, as was sales tax. -2- 2. A special shuttle bus system was provided for the Ford Golf Tournament, and on Tuesday alone, carried 5,700 riders out of 9,400 total for the day. 3. A reminder of the Coors Classic on Wednesday, August 19, 1987, with races at 1:00 P.M. and 4:00 P.M. 4. A reminder of the Medical Center Dedication at 11:00 A.M. on Wednesday, August 19, 1987. There being no further business, the meeting was adjourned at 9:00 P.M. Respect,N!4j�u6ted, ATTEST: Pamela A. Br"meyer, Tcrwn Clerk Minutes taken by Pam Brandmeyer 7J PauT-Johnston, a�ror MCC