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