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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: ':]� -�W� Pameka. Brandmeyer, Acting Town Clerk Minutes taken by Mary A. Caster C:\MINJUNE7.94