HomeMy WebLinkAbout1994-06-07 Town Council Minutes0
67
MINUTES
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, JUNE 7. 1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday,
June 7, 1994, in the Council Chambers of the Vail Municipal
Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT:
MEMBERS ABSENT:
Sybill Navas
Jim Shearer
Tom Steinberg
Jan Strauch
Peggy Osterfoss, Mayor
Mery Lapin, Mayor Pro-Tem
Paul Johnston
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town
Manager
Mary Caster, acting on behalf of
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. The
Council had received in their packets, a proposal from Rachel Lenz,
representing Bravo! Colorado, requesting permission to place a cart
in Vail Village or Lionshead to sell Bravo! tickets during the
summer." Pam Brandmeyer stated that she had talked to Rachel on the
phone earlier and had informed her that it was against Town of Vail
ordinances to permit the cart, but felt that she had given her some
other options to pursue.
Also under Citizen Participation, Colleen McCarthy, a resident of
West Vail, addressed the Council regarding an article that recently
appeared in the Vail Vallev Times regarding lack of involvement of
the West Vail neighborhood in the Vail Commons process. Bob
Mclaurin stated that West Vail would be included on project team
that will be working on the project. Bob also stated that public
meetings will be scheduled to receive input on the subject.
The next item on the agenda was the approval of the Minutes of the
14 May 3, 1994, and May 17, 1994, Vail Town Council Evening Meetings.
Jim Shearer made a motion to approve the minutes as written and Jan
and Strauch seconded the motion. A vote was taken and the motion
passed unanimously.
The next item on the agenda was the first reading of Ordinance No.
12, Series of 1994, an ordinance repealing Section 9.56 - Concealed
Weavons and 8.24.030 - Discharcrina Firearms of the Town of Vail
Municipal Code and enacting Chapter 9.56 - Offenses Relatina to
Weapons. Criminal Attempt, and Comnlicity. Ken Hughey, Chief of
Police, presented the ordinance to the Council, stating the intent
of this ordinance was to prohibit the possession of dangerous or
deadly weapons including posession within bars or liquor stores.
Ken stated that this ordinance was similar to legislation passed by
the Town of Breckenridge in 1981. There was some discussion
regarding the possibility of limiting sales within the Town of
Vail, such as Gart Brothers. Tom Moorhead, Town Attorney, stated
it would probably be unconstitutional to limit sales in stores such
as this. There was much discussion following relating to the
problem of people having guns in their houses and not knowing the
problems of how firearms work. The possibility of safety classes
being enforced on people prior to buying firearms, much like the
hunter safety classes currently in place was discussed. It was
suggested that purchasers could be required to obtain a license
prior to obtaining a firearm at a cost of $500 - $1000. The
question was raised as to the curing time it takes to be able to
obtain a firearm. Ken Hughey stated he believes it is all done
instantly through computers. He felt this was a national search,
but would research the matter to be sure.
Buck Allen, Municipal Judge, stated that as the law is currently
. written, if a person walks into an establishment with an exposed
weapon, it is not illegal. This ordinance would prohibit such
conduct. Police now cannot act until a weapon is concealed. Tom
Moorhead stated that the combination of alcohol and weapons are
addressed as violations within this ordinance.
Jim Shearer questioned how a gun dealer determines if person is
under influence. Tom Moorhead stated that the same standards as
used by bartenders and bar managers relating to smell of alcohol,
appearance, good sense of time and place would be determining
factors. Age restriction of firearm purchase was also discussed.
Ken Hughey stated he would check on this before second reading.
Sybill Navas stated she would like to see the ordinance more
stringent if possible and would like Tom Moorhead to research
further.
Tom Steinberg asked if there was any age restriction on purchasing
of a gun in the State of Colorado. Tom Moorhead stated he was
unaware of such a law, but would look into it. Jim Shearer stated
he would like to see a local law requiring a commercial business
license to sell firearms and a commercial address, to prevent
tailgate selling of guns, if it is legal. Jim Shearer also
expressed his concern on allowing the Division of Wildlife to fire
M15's (firecrackers) in town to scare bears away, alarming people
in town who may think guns are being fired.
Jan Strauch expressed his concern for more education on firearms
use.
Tom Steinberg stated that along with the drugs and alcohol,
individuals suffering from mental disorders should be included
within the list of reasons to preclude selling to individuals. Tom
was asked to research this also.
Tom Moorhead stated that the one outstanding issue that still
needed to be addressed was the penalty issue. The present penalty
for carrying a concealed weapon is up to a $999 fine and/or
incarceration not to exceed 180 days. There is another provision
of a lesser penalty, that being up to $499 and a 90 day fine.
Buck Allen stated that during the time he has been here, the fine
range has been $0 - $300 and 0 - 90 days in jail. As the municipal
courts have gained in standing throughout the state and through the
state legislature, the fine level has been raised to the current
14 level as Tom stated. Being a home rule municipality, the Town of
Vail can set the fine ranges. Judge Allen felt the fine provisions
for carrying a concealed weapon should be the maximum range. He
also suggested raising the general penalty for all ordinance
violations to the $0 - $999, 0 -- 180 days in jail range. Tom
Moorhead stated that the general penalty section of the code could
be amended to reflect this. Judge Allen stated that discussions
have been held in conjunction with the Vail Police Department to
update the criminal code and he would be addressing the Council
regarding this matter. Jim Shearer asked for the record, how
long the Town had been working on this ordinance. Ken Hughey
stated that his department had been working with the Town Attorney
for approximately 2-3 months. Jim thought this .needed to be
clarified, due to recent actions occurring at the Town of Vail.
Jim Shearer made a motion to approve Ordinance #12, Series of 1994,
on first reading, to include amending general penalty section as
suggested by Judge Buck Allen. The motion was seconded by Sybill
Navas. Tom Steinberg asked Tom Moorhead to research whether this
precluded including automatic weapons before second reading.
It A vote was taken and the motion passed unanimously.
The next item on the agenda was the first reading of Ordinance No.
13, Series of 1994, an ordinance repealing and reenacting Section
18.69.050 of the Municipal Code of the Town of Vail, setting forth
new procedures for measuring slope of a proposed development site
and permitting retaining walls six feet in height in the front
setback when associated with a permitted garage structure.
George Ruther, Community Development, presented the ordinance to
the Council, stating that the
intent for addressing changes were, 1) to reduce the site
disturbance on steep lots, and 2) to streamline the development
review process. The ordinance establishes new procedures for
measuring the slope of a proposed development site and permitting
retaining walls six feet in height in the front setback when
associated with a permitted garage or lots having 30% or greater
slopes. DRB approval will still be required for design and the
aesthetics of the walls. Staff is preparing a policy statement to
explain the change per Jim Shearer's request.
Jim Shearer stated that several variances have been approved in the
past and expected more would be requested as there are fewer lots
left for development in the Vail area and felt this would be
acceptable.
Jan Strauch made a motion to approve Ordinance No. 13, Series of
1994, on first reading and Jim Shearer seconded the motion.
Tom Steinberg asked Kristan Pritz, Community Development Director,
how many more lots would require this approval. Kristan stated
that no actual analysis had been done, however, there were 2
* variances pending. She felt that there will possibly be a number
of these requests coming to the Town for approval. Kristan
emphasized that the Town is not automatically requiring a 6 foot
wall, as there are instances where a 4 foot wall would be
sufficient. This is not meant to encourage 6 foot walls. Tom
Steinberg expressed his concern regarding architect's concept of
design in these areas and suggested using only Colorado licensed
architects, or architects experience in graded slopes, for these
purposes. Tom Moorhead, questioned whether the review of the plan
would show the slopes in question and would require the Planning
Department to review the plans to ensure that the concern was being
addressed. Kristan Pritz stated that the town engineer is very
aware of these concerns, as is the Design Review Board and a
professional engineer is required for preparation of the
foundation.
Jan Strauch amended his motion to include Kristan's comments. Jim
Shearer seconded the amended motion. A vote was taken and the
motion, as amended, was approved unanimously.
The next item on the agenda was Resolution No. 15, Series of 1994,
a resolution setting fees for revocable right-of-way application
and permits. After some discussion, Jim Shearer made a motion to
approve Resolution No. 15, Series of 1994. Jan Strauch seconded
the motion. A vote was taken and the motion passed unanimously.
The next item of the agenda was a change request for Vail
Golfcourse Townhomes Hazard Zone change request (Sunburst Filing #3
on Sunburst Drive). Kristan Pritz presented the request to the
Council, stating that the Homeowners Association had requested this
change to alleviate the need to come to PEC piecemeal to get
approval for various changes to their condominiums. The
Association believed this to be more cost effective in the long
run. Art Mears was hired by the Association to due a site specific
survey on each unit, as outlined in the staff memo of June 7, 1994,
in which some of the units had been placed in a red hazard area,
where they had not been prior to the survey. Bill Sargent,
representing the applicant, had not yet arrived, so it was decided
to go the item #7 on the agenda, Town Manager Report, until his
arrival.
Bob McLaurin stated that the Police Department was in the process
of moving into its new addition and the existing Police Department
headquarters were being renovated. Completion of this phase is
expected to be done by early September. There was discussion
regarding the covering of the west end of the Municipal Building,
as part of the expansion. Council adjourned to take a look at the
proposed coverings to the building.
Bill Sargent arrived at the Council meeting and discussion resumed
regarding the Vail Golfcourse townhomes. There was discussion
regarding being able to rebuild in red hazard areas should some
catastrophe occur, such as a fire, that would wipe out the existing
building. Tom Moorhead researched the question, and stated that an
owner would be able to rebuild the existing unit as originally
built. The unit would not be able to be added onto and the current
building code would need to be adhered to. Bill Sargent stated
that homeowners had discussed the fact that some units were now in
the red hazard area and agreed to take their chances and live with
the situation. It was suggested by Council that the Town have its
own study done for liability reasons. Tom Moorhead stated that
that seemed reasonable if it would put the Council more at ease.
He stated that Art Mears has been used extensively over the years
and is an expert in Colorado. After more discussion, Jim Shearer
made a motion to approve the change request based on a study by Art
Mears, with the exception of Unit 55 as per staff recommendation,
that study to be kept on file in the Community Development
Department. Jan Strauch seconded the motion. A vote was taken and
the motion passed unanimously.
►r The Council then resumed with the Town Manager Report. Bob
McLaurin stated that he was currently working on the 1595 Budget
and would have a report at the June 21st meeting. He also stated
that the Resident Surveys were being returned to the Town and were
being processed by the Community Relations Department and directed
staff to amend the Hazard Map. It was felt that some items on the
survey needed more clarification.
19
Jim Shearer asked Tom Moorhead to explain the gag order recently
issued in the Bob Mach case. Tom Moorhead explained the actions
leading up to the gag order.
Jim Shearer then made a motion to adjourn to Executive Session.
Sybill Navas seconded the motion. A vote was taken and passed
unanimously. The meeting was adjourned to Executive Session at
9:30 P.M.
Respectfully submitted,
Thomas Steinberg
Acting Mayor
ATTEST:
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Pameka. Brandmeyer, Acting Town Clerk
Minutes taken by Mary A. Caster
C:\MINJUNE7.94