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HomeMy WebLinkAbout1994-07-05 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING July 5, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 5, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Sybill Navas Jim Shearer Tom Steinberg MEMBERS ABSENT: Jan Strauch Paul Johnston TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Michelle Caster, on behalf of Town Clerk, Holly McCutcheon The first item on the agenda was Citizen Participation. Elizabeth Wilt submitted a proposal for TOV to consider funding a memorial plaque to be placed on the Covered Bridge for John and Cissy Dobson and a memorial plaque at Crossroads for Chuck Betcher. Pam Brandmeyer and Kristan Fritz will follow up considering various options suggested by the Council. Carol Alleman expressed concern with the recent concerts put on by the Vail Valley Foundation. She felt there should be more crowd control surrounding the Ford Amplitheatre to minimize the neighborhood disturbances, Vail Police Department should be more concerned and responsive to citizens' requests, and Public Works should have the area picked up in a more timely manner. She would like to have all concerts begin at a more reasonable hour thus ending at a reasonable hour. Pam Brandmeyer will follow up with staff. Item No. 2 was the Consent Agenda including; A. the approval of June 7, 1994, and the June 21, 1994, Town Council Evening Minutes; B. Ordinance No. 9, Series of 1994, second reading, an ordinance amending Chapter 18.40, Special Development Districts. Applicant: Town of Vail; C. Resolution No. 9, Series of 1994, a resolution releasing a Title Restriction on Lots 1 and 2, Block 1, Lionsridge Subdivision, and permanently Restricting Site 4, Casolar Vail, Fourth Filing. (Request to table indefinitely.) • Mayor Osterfoss read the title in full. A motion was made by Mery Lapin to remove Item C from the Consent Agenda, with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0. An error in the June 21, 1994, minutes, listing Tom Steinberg as absent was corrected. The Minutes will be corrected and resubmitted to the Council for approval. Mery Lapin made a motion to table Resolution No. 9, Series of 1994, until the first meeting of October, 1994. The motion was seconded by Sybill Navas. Lapin stated he was concerned about the precedent that could be set for land owners receiving credit for land that was not developable. Lapin questioned whether this would result in density transfer. The owner of this property was identified as Todger Anderson. Kristan Pritz stated the staff was also concerned about these same issues. Andy Knudtsen stated he felt this case needed to be treated very uniquely and independent of any other situations. Mayor Osterfoss stated that when and if this resolution came back for discussion, these concerns would be discussed. A vote was taken on the motion and it was passed unanimously, 5-0. Item No. 3 was the second reading of Ordinance No. 11, Series of 1994, an ordinance regarding supplemental appropriations to the 1994 budget. Steve Thompson, Finance Director, stated several items had been corrected from the first reading of this ordinance. A motion was made by Tom Steinberg to pass Ordinance No. 11 on second reading, Mery Lapin seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Item No. 4 was Ordinance No.10, Series of 1994, first reading, an ordinance amending Chapter 19.52, Off -Street Parking and Loading. Mike Rose presented this ordinance to the Council. Mayor Osterfoss asked Pepi Gramshammer if he would like to address the Council regarding this ordinance. Pepi stated he has paid the increase in pay -in -lieu fees over the years and felt this new increase in fees was too much money. He felt he would need to raise his prices to pay for the increase in fees Vail Town Council Evening Meeting Minutes 12M3 it and felt this was unfair to his guests. He stated he understood some increase was necessary but felt what was proposed was unreasonable. Mery Lapin stated this ordinance was written in regards to the price per space that a developer would pay if he were to add on to his current building or to build a new building. This was not the pay -in -lieu issue, and would not increase any parking rates in this particular ordinance. This would be parking spaces purchased in the structure as opposed to a developer building his own parking areas. Lapin stated when the addition to the Village Parking Structure was built approximately three years ago, the cost at that time was $14,000 per space. Jim Lamont expressed concern with the overdevelopment of the SDD's and the local zoning standards for the village core. Tom Moorhead explained it is possible to have a difference between the usage or between the impact of dwelling units compared to commercial and accommodation units. Jim Shearer made a motion to adjourn into a ten-minute Executive Session for legal advice, with a second by Tom Steinberg. A vote was taken and was passed unanimously, 5-0. Upon returning from Executive Session, Jim Shearer asked if it were possible to give special privileges to Bridge Street commercial establishments and long time locals of the community by adjusting their fees. Tom Moorhead explained the criteria had to be appropriate and reasonably related to the parking condition itself. Any application submitted before July 27,1994, will be assured a parking fee of $8,594.40 per space, the current fee. Tom Steinberg made a motion to pass Ordinance No. 10, Series of 1994, first reading, with a second by Jim Shearer. A vote was taken and passed 4-1. Mayor Osterfoss voted against the ordinance. Item No. 5 was Ordinance No.12, Series of 1994, second reading, an ordinance repealing Section 9.56 - Concealed Weapons and 8,24.030 - Dischareine Firearms of the Town of Vail Municipal Code and enacting Chapter 9,56 - Offenses Relatine to Weapons. Criminal Attempt, and Comvlicitv, and Amending Section 1.01.100 - Violations and Punishment. Tom Moorhead discussed changes to the ordinance. A third "Whereas" clause pertaining to the penalty section providing all offenses shall have the same general penalty unless otherwise specified was added allowing a penalty of up to $999.00 and up to 180 days in jail. He addressed the concern of self defense by stating that the Colorado State Law determines "self defense" or "in defense of property" through case law. The ordinance has been modified to include but is not limited to public property, public parks, or public buildings. The ordinance also includes selling weapons to intoxicated persons or persons suffering from a mental disease or defect. Tom explained because this is a state ordinance, presently charges must be filed in the county. Possession of a dangerous or deadly weapon while an individual is under the influence of intoxicating liquor or a controlled substance is prohibited. Vail Police Officers, Chuck House and Mark Allen, will address Council through a Work Session, in regard to a recent Supreme Court case involving a ban on assault weapons in the City and County of Denver as well as training with fire arms and voluntary compliance. AIso at an upcoming Work Session, Tom Moorhead would like to discuss the licensing of an individual who is selling fire arms and the changes that will be made in our business license section. A motion was made by Mery Lapin to pass Ordinance No, 12, Series of 1994, second reading, with the addition of 9.56.04C2, in reference to Colorado State Statute, with a second by Tom Steinberg. A vote was taken and was passed unanimously, 5-0. Item No. 6 was Ordinance No, 14, Series of 1994, first reading, an ordinance amending Chapter 18.57, Employee Housing, and setting forth details in regard thereto. Andy Knudtsen clarified the language used in the ordinance. He noted, in addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. Paragraph 7, in reference adults and children, has been added to the ordinance, Other minor wording changes were made. A motion was made by Mery Lapin to pass Ordinance No. 14, with a second by Tom Steinberg. A vote was taken and was passed unanimously, 5-0. Item No. 7 was Resolution No. 16, Series of 1994, a resolution authorizing the Town of Vail to rent a safe deposit vault at the First Bank of Vail and authorizing certain officers to sign a lease therefore, to terminate the lease, to surrender the box, return the keys, and release the bank from any liability in connection therewith. A motion was made by Mery Lapin to approve Resolution No.16, with the addition of Vail Bank as another option, with a second by Tom Steinberg. A vote was taken and was passed unanimously, 5-0. Item No. 8 was a report by the Town Manager. Main Vail round -a -bout construction will begin after ski season 1994-95. The police expansion is presently within budget. There being no further business, a motion to adjourn into Executive Session to discuss personnel issues and land negotiations was made by Tom Steinberg, with a second by Jim Shearer. A vote was taken and was passed unanimously, 5-0, The meeting was adjourned at 9:30 P.M. Vail Town C-u 61 Evening MceNng Mi—t. 12/7/" • ATTEST: FnW(210- 1OLr c j 4j Hotly L. McCutcheon, Town Cleric Minutes taken by Michelle L. Caster 0 a R Respectfully submitted, )M',A. Osterfoss, Mayor Vail Town Council Evening Mceting Minutes 12t7/93