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HomeMy WebLinkAbout1994-11-15 Town Council Minutesr MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 15, 1994 .� 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 15, 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 Paul Johnston Sybill Navas Jim Shearer Jan Strauch MEMBERS ABSENT: Tom Steinberg TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Michael Jewett, a Vail resident and member of the committee to overturn Ordinance 15, presented Council with two opportunities to receive more information regarding assault weapons. Mr. Jewett invited those interested to view a video tape entitled, "The Assault on Semi -Automatic Firearms" and indicated he would attempt to have the video shown on Channel 5. Secondly, Mr. Jewett extended an offer to. Councilmembers from Eagle resident, Terry Quinn, to view his collection of assault weapons and to fire the weapons at the Gypsum shooting range. Jan Strauch expressed his desire to view the video. Paul Johnston stated he was interested in knowing how Vail citizens felt about the issue, rather than citizens residing outside the town limits. Josh Hall informed Mr. Jewett Channel 5 might not be able to show the video because of copyright laws. Vail resident, Evie Nott, requested Council support an alternative proposal for the Booth Creek site, and stated representatives from the neighborhood and Betty Ford Alpine Gardens would pursue a cooperative plan and present that plan to the towWs environmental planner, Russ Forest. Peggy directed Evie to work through the process with Russ in formulating a plan. Mery suggested additional public input be gathered. Second on the agenda was a Consent Agenda which consisted of Resolution No. 23, Series of 1994, A Resolution Adopting the Environmental Strategic Plan. Mery requested the resolution be removed from the consent agenda. Russ went over the proposed plan, referencing environmental programs in four categories: sustainable land use regulation and development; ecosystem protection; environmental efficiency; and environmental management and compliance. Peggy thanked Russ for all his efforts and complimented him on a job well done. Paul requested section 2 of the resolution be changed to state: "The Town Manager and the Town staff are hereby authorized to take all avvroved actions necessary to implement the Environmental Strategic Plan." Mery moved to approve Resolution. 23 as changed, with a second from Paul Johnston. A vote was taken and passed unanimously, 6-0. Item No. 3 on the agenda was Ordinance No. 23, Series of 1994, second reading of an annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1,1995, through December 31,1995, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1994 tax year and payable in the 1995 fiscal year. Mayor Osterfoss read the title in full. Steve Thompson distributed a revised budget and informed Council that $1.1 million had been added to the capital budget. Steve and Bob McLaurin explained the changes in detail. Discussion continued regarding the budget for the proposed main Vail roundabouts and Vail Town Council Evening Meeting Minutes 11/15/94 landscaping. Mery stated he would not be willing to support the $1.9 million project as presented in next year's capital improvements budget. Larry Grafel informed Council an accurate dollar amount for the project would not be known until bids were obtained. Ab Mayor Osterfoss suggested looking for community groups to share in the cost of the landscaping portion of the project. A motion was made by Paul and seconded by Mery to approve Ordinance 23 on second reading. A vote was taken and passed unanimously, 6-0. Item No. 4 was Ordinance No. 24, Series of 1994, first reading of an Amendment to Section 3.40.020, Adding the Definition For "Telecommunications Service." Tom Moorhead explained the ordinance provided for a standard definition and should be included in the town's sales tax code. Mery moved to approve the ordinance with a second from. Sybill. A vote was taken and passed unanimously, 6-0. Item No. 5 was Ordinance No. 26, Series of 1994, first reading of an Ordinance Granting a Cable Television Franchise to Cablevision VI, Inc., d/b/a TCI Cablevision of the Rockies, Inc., to Construct, Reconstruct, Operate, and Maintain a Cable Communications System Within The Town of Vail Pursuant to and Subject to the Provisions of Ordinance No. 25, Series of 1994. Tom Moorhead explained that Ordinance 25, adopting the franchise agreement, was contained in Ordinance 26. Stan McKinzie from TCI was present to answer questions. Tom explained the franchise called for a 15 year term., and reviewed responses from TCI as requested by Councilmembers at an earlier worksession which included the following: TCI agreed to rebuild Vail's cable system with new fiber optic cable within three years, increasing channel capacity to nearly 80 stations; TCI would provide the town up to five percent of its gross revenues collected within the town; the Town could authorize TCI to collect up to 50 cents per month from residential subscribers and up to 25 cents per month for hotel units to be used for community access grants awarded by the town; TCI proposed to connect three of the town's five municipal facilities with fiber optics and free data transmission service for three years. Further discussion continued regarding funding of Vail Valley Community Television Channel 5. A motion was made by Paul Johnston to approve the Ordinance, with a second by Mery Lapin. Jan suggested TCI consider connecting all five of the Town's buildings with fiber optics. The motion was amended to include the connecting of all five of the Town's buildings with fiber optics by TCI. Mery called the question, a vote was taken and passed unanimously, 6-0. Item No. 6 was Ordinance No. 27, Series of 1994, first reading of an Ordinance Adopting a New Town of Vail Police and Fire Employees' Pension Plan Subject to Approval by Sixty -Five Percent (65%) of the Town's Police and Firemen; and Setting Forth. Details in Regard Thereto. Item No. 7 was Ordinance No. 28, Series of 1994, first reading of an Ordinance Adopting a New Town of Vail Employees' Pension Plan; and Setting Forth Details in Regard Thereto. Item No. 8 was Ordinance No. 29, Series of 1994, first reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Police and Fire Employees' Pension Plan and Setting Forth Details in Regard Thereto. Item No. 9 was Ordinance No. 30, Series of 1994, first reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Employees' Pension Plan and Setting Forth Details in Regard Thereto. Tom Moorhead explained the amendments were required to maintain the documents as qualified plans, and that the trust agreements actually implemented the plans. Mery moved to approve Ordinances 27, 28, 29 & 30, with a second from Paul. A vote was taken and passed unanimously, 6-0. Item No.10 was Ordinance No. 31, Series of 1994, first reading of an Ordinance Making Supplemental Appropriations From the Town of Vail General Fund, Capital Projects Fund, The Real Estate Transfer Tax Fund, Parking Structure Fund, Heavy Equipment Fund, Booth Creek Debt Service Fund, and The Vail Housing Fund, of the 1994 Budget Vail Town Council Evening Meeting Minutes 11/15/94 and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. A motion was made by Mery and seconded by Jim to approve Ordinance 31. A vote was taken and passed unanimously, 6-0. Item No. 11 was an appeal of a PEC denial of a request for a front setback variance. Andy explained the history of the request and the denial of the PEC. Bob Armour and Kathy Langenwalter were present and explained the reason the request was denied by the PEC. Kathy distributed an illustration and reviewed examples of what the PEC typically approved and compared the diagram to the proposed request. Applicant Dan Frederick stated he would agree to deed -restrict the entire 1,200 square foot single family residence, including the 400 square feet bedroom over the garage. Mayor Osterfoss explained that deed restricting an employee housing unit was not part of the criteria in warranting the variance. Mery moved to uphold the PEC recommendation for denial, stating it did not meet the criteria. Mayor Osterfoss seconded the motion. A vote was taken and failed, 2-4, Paul, Sybill, Jim and Jan voiting in opposition. Jan moved to repeal the denial with a second from Paul. A vote was taken and. passed, 4-2, Peggy and Mery voting in opposition. Item No. 12 was a request for a sign variance for the West Vail Lodge. Mery moved to approve the sign variance. Planner Lauren Waterton explained the variance was for the height of the sign and further stated a variance would not be required if the sign were lower. Paul Johnston seconded the motion. A vote was taken and passed, 5-1, Sybill voting in opposition. Item No. 13 was a report from the Town Manager. Bob stated he had nothing to add. A motion was made, seconded and passed to adjourn at approximately 10:15 P.M. . ATTEST: 10 I lOtlQI�JI• Holly L. McCutcheon, Town Clerk Minutes taken by Holly L. McCutchoon If Respectfully submitted, Ma=gaA. Osterfoss, Mayor U. Vail Town Council Evening Meeting Minutes 11/15/94