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HomeMy WebLinkAbout1992-07-21 Town Council Minutes0 MINUTES VAIL TOWN COUNCIL MEETING JULY 21, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 21, 1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order by Mayor Pro-Tem, Tom Steinberg, at 7:30 P.M. Mayor Osterfoss arrived after Tom read the title of agenda item No. 6, Ordinance No. 18, Series of 1992. MEMBERS PRESENT: Peggy Osterfoss, Mayor Tom Steinberg, Mayor Pro-Tem Bob Buckley Jim Gibson Rob LeVine Jim Shearer MEMBERS ABSENT: Mery Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager The first item on the agenda was Citizen Participation. Davey Wilson, former member of the Liquor Licensing Authority, expressed his concerns relative to the May 26, 1992, Council interviews of applicants for two positions which became open on the Authority in June, 1992, due to term expirations. Mr. Wilson was not reappointed to the Authority after the interviews. He questioned the effectiveness of the interview process, and asked Council to explain the decision making process for selection of new members to the Authority. He also noted there were no longer any members on the Authority in the liquor service industry. For the record, Larry Eskwith said there could not be a licensee sitting on the Authority, but there could be individuals working in the liquor distribution industry. As it was agreed this was not the forum for individual questioning of Council members, Jim Gibson advised Mr. Wilson to contact Council members individually to discuss their personal votes. Next, Blondie Vucich advised the final adoption of the trapping regulation would take place on Thursday, 7/23/92, at the Holiday Inn/University Park in Ft. Collins. She state there was still concern the proposal recommended by Division of Wildlife staff was not in line with what had been agreed upon through numerous meetings with Division of Wildlife representatives and Vail's community representatives. She felt it needed to be known that, in the event a • statewide regulation failed, Vail's regulation could remain in place. Ms. Vucich thanked Council for their most recent letter dated July 16, 1992, to individual members of the Colorado Wildlife Commission. Item No. 2 on the agenda was approval of the minutes of the June 30,1992, Special Evening Meeting minutes. Jim Gibson moved to approve the June 30,1992, Special Evening Meeting minutes, with a second from Jim Shearer. A vote was taken and the motion passed, 5-0, Mayor Osterfoss not yet present. Item No. 3 was the appointment of Building Board of Appeals Members. Gary Murrain asked Council to appoint all six applicants interviewed on July 14, 1992, for the five positions on this Board. He noted the first challenge for this Board would be to write up the Board's procedures for presentation to Council for adoption. Rob LeVine moved to appoint all six applicants, Bill Anderson, Robert L. Arnold, David M. Floyd, Mark J. Mueller, David M. Peel, and Saundra Spaeh to the Building Board of Appeals with the understanding that Gary would return to Council with the rules and regulations developed for the Board before they were finalized. Jim Gibson seconded the motion. A vote was taken and the motion passed, 5-0, Mayor Osterfoss not yet present. 40 Item No. 4 was Ordinance No. Ordinance No. 11, Series of 1992, first reading, an ordinance amending Chapter 18.24 of the Municipal Code of the Town of Vail by the addition of Section 18.24.058, controlling undesirable plants within the Town, declaring such plants a nuisance, setting forth penalties for the violation of this ordinance; and setting forth details in regard thereto. Mayor Pro-Tem Steinberg read the title in full. Mayor Osterfoss arrived at this time. Jim Gibson moved to approve Ordinance No. 11, Series of 1992, on first reading, with a second from Jim Shearer. Before a vote was taken, Bob Buckley stated the penalties shown for violation of this ordinance were too severe. He requested the penalties be modified to eliminate the jail sentence, and reduce the indicated fine to be more in line with what it would cost Town or the State to have the weeds removed. Larry Eskwith advised the penalty shown was a standard penalty listed in the Municipal Code for an ordinance violation, but Council could set whatever minimum or maximum penalty they felt was appropriate. Ron Phillips explained the penalty shown covered the range of penalties set in the Municipal Code, and the appropriate penalty within that range would be determined by �he judge. Larry indicated the State, in the 1991 Legislative Session, passed a statute whit required both counties and municipalities to either have an undesirable plant management plan for all lands within their jurisdiction, or pass an ordinance outlawing the undesirable plants by January 1, 1992. Todd Oppenheimer explained the state legislation came about primarily as a result of large agricultural industry economic production losses determined to be caused by the weeds identified by the State. Tom Steinberg initiated discussion regarding the four weeds identified by the State, and also the use of herbicides and their potential non -point source water contamination. Todd noted the State Act was very clear about integrated management techniques including educational preventative measures, good stewardship, and mechanical, chemical, and biological control methods. He said TOV presently used all three control methods. James Johnson was concerned about the enforcement section of the ordinance. He felt it should be clarified that proper notice should be given during reasonable • business hours prior to TOV's entry upon any premises, public or private. Larry indicated the State statute specifically gave the right for entry as indicated. He noted that could be deleted, but that would make it very difficult to enforce the ordinance. Discussion followed regarding the need for public education, and Jim Gibson agreed to add the need for an educational program to his original motion, and Jim Shearer agreed to second the motion with that addition. A vote was taken and the motion failed 3-3, Tom Steinberg, Rob LeVine, and Bob Buckley opposed. Rob Levine then moved to approve Ordinance No. 11, Series of 1992, on first reading, with elimination of the ninety day potential jail sentence, deletion of the Russian and Canadian Thistle, and the addition of an educational program. Peggy seconded that motion. Before another vote was taken, the general penalty clause in the Municipal Code was again explained, and it was determined no precedent would be set if the penalty was changed for this ordinance. A final vote was taken and the motion passed, 4-2, Bob Buckley and Tom Steinberg opposed. Item No. 5 was Ordinance No. 13, Series of 1991, second reading, an ordinance amending Section G of the Vail Village urban design considerations relating to the protection of views within the Town of Vail and creating a new chapter of the Municipal Code of the Town of Vail to provide for the protection of certain views within the Town and setting forth the details in regard thereto. Mayor Osterfoss read the title in full. Andy Knudtsen explained . this ordinance was passed on first reading on May 7,1991. Since that time, staff had worked with concerned individuals, and revised the ordinance significantly. He noted the Town had updated the monumentation for all of the view corridors, and a new ordinance, No. 18, Series of 1992, was written which included different legal descriptions for each view corridor. Andy said staff now recommended Ordinance No 13, Series of 1991, be denied on second reading, and indicated the revised version, Ordinance No. 18, Series of 1992, was prepared for first reading as agenda item No. 6 at this meeting. Tom Steinberg moved to deny Ordinance No. 13, Series of 1991, on second reading, with a second from Bob Buckley. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 was Ordinance No. 18, Series of 1992, first reading, an ordinance amending Section G of the Vail Village urban design considerations relating to the protection of views within the Town of Vail and creating a new chapter of the Municipal Code of the Town of Vail to provide for the protection of certain views within the Town and setting forth the details in regard thereto. Mayor Osterfoss read the title in full. Andy Knudtsen advised staff and a public committee worked on this new ordinance, and he said three major areas were discussed during their meetings. The first was identifying criteria for evaluating requests to alter view corridors, second was addressing focal points such as the clock tower within this ordinance, and third was establishing the appropriate processes to allow for variations to the proposed standards. Jim Lamont suggested there be an appeal process for consultants the Town may hire to .evaluate a proposal for view corridor alterations. Council agreed the process to hire a consultant for an SDD that involved review by Council would be acceptable for this process and decided to add wording consistent with the SDD section. Andy spoke next about the second issue raised by Mr. Lamont which concerned height limitations. Andy said Mr. Lamont and he were basically in agreement at this point that when an SDD • application was submitted, it would still need to conform to the view corridor boundaries, and anyone applying for an SDD which would exceed the identified boundaries would simultaneously have to apply for a view corridor amendment or an encroachment. Andy advised no encroachments, including vents, elevator shafts, chimneys, pipes, etc., were allowed within the view corridor without and amendment or an encroachment. Andy then briefly reviewed the entire ordinance item by item, expressly indicating the Notice and Hearing Procedure section as a key element of the ordinance. After further discussion, Jim Gibson moved to approve Ordinance No. 18, Series of 1992, on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 was Ordinance No. 20, Series of 1992, first reading, an ordinance amending Section 16.24.010(G) of the Vail Municipal Code, setting forth provisions relating to signs displayed on balloons which are associated with a special event within the Town of Vail. Mayor Osterfoss read the title in full. Tim Devlin reviewed research done on how other resort communities were dealing with the cold air balloon issue. Tim noted input was also received from Tom Davies. Discussion followed concerning the number of cold air balloons allowed for any special event, details concerning the time and work involved for inflation and deflation of the balloons, and tightening of the ordinance verbiage to specify limitation of inflation time. Jim Shearer asked if the Vail Valley Foundation had made any input on the issue. Joe Macy stated this issue came up in the Vail Valley Foundation's planning for the . World Cup Mountain Bike Finals. He said sponsors involved wanted recognition of their participation, and he thought some events might be lost without the option of the cold air balloons available for sponsors to showcase their products. He noted the special events were a great financial benefit to Vail. After discussion, Rob Levine moved to approve Ordinance No. 20, Series of 1992, on first reading with the added provision that the balloons could only be inflated during the special event and related ceremonies, with reasonable time allowed for set-up and take -down of the balloons; also, the ordinance was to be reviewed in one year. Jim Shearer seconded the motion. After brief discussion, a vote was taken and the motion passed, 4-2, Tom Steinberg and Jim Gibson opposed. Item No. 8 was Resolution No. 11, Series of 1992, a resolution adopting a Joint Paratransit Plan with the Town of Avon and the City of Leadville. Mayor Osterfoss read the title in full. Mike Rose advised July 26,1992, was the deadline for adoption of the plan in order to comply with the Americans with Disabilities Act. After brief discussion, Tom Steinberg moved to approve Resolution No 11, Series of 1992, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 6-0. Before adjournment, Mayor Osterfoss acknowledged receipt of a gift of $5,000.00 from the Vail Valley Foundation to be used toward the Art in Public Places project at the Vail . Transportation Center. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:10 P.M. Respectfully submitted, LrtQ�_Vo gr A. Osterfoss, Mayor ATTEST: &UAV .n_ S. &. At" Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto • CAMINJUL21.92