HomeMy WebLinkAbout1988-01-19 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, JANUARY 19, 1988
7:30 p.m.
AGENDA
1. Visitors Center Task Force Presentation
2. Cemetery Committee Presentation.
3. Public Hearing and Resolution No. 4, Series of 1988, a resolution
establishing Town of Vail policy regarding the funding of street
improvements.
4. Ordinance No. 2, Series of 1988, second reading, an ordinance accepting
certain improvements constructed and installed in and for Town. of Vail,
Colorado, West Vail Local Improvement District No. 1, determining the total
cost thereof, receiving and accepting the assessment roll apportioning the
cost thereof to be paid by special assessments as among affected properties
within the district, assessing said cost as apportioned therein against
each assessable lot or tract of land within the district specially
benefitted by said improvements, prescribing the method of paying and
collecting said assessments, describing the lien securing payment thereof,
making necessary findings with respect to the satisfaction of all
conditions and requirements relating to the foregoing, and limiting actions
challenging the proceedings.
5. Ordinance No. 4, Series of 1988, first reading, an ordinance repealing
Ordinance No. 39, Series of 1987; and setting forth details in regard
thereto.
6. Resolution No. 3, Series of 1988, a resolution setting the date for a
special election for the purpose of submitting to the voters for their
approval or disapproval, Ordinance No. 39, Series of 1987, an ordinance
repealing and reenacting Chapter 5.04 Annual Business License.
7. Town of Vail Sign Improvement Program Presentation
CITIZEN PARTICIPATION
8. Town Manager's Report
9. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, JANUARY 19, 1988
7:30 p.m.
EXPANDED AGENDA
7:30 1. Uisitors Center Task Force Presentation
Harry Frampton
Jim Morter Action Requested of Council: Presentation is for public
hearing purposes. Discussion and questions from Council and
the public are desirable.
Background Rationale: The Task Force and staff seek
direction as to where we go from here. Some Council
direction on what specific aspects of the proposal should be
studied further would be appropriate.-
7:55 2. Cemetery Committee Presentation
Rick Pylman
Action Requested of Council: Listen to public presentation
of Cemetery Committee report.
Background Rationale: The Cemetery Committee has site
selection report and recommendations complete. Council
direction is now needed.
8:25 3. Public Hearing and Resolution No. 4, Series of 1988,
Steve Barwick establishing a new method for funding street improvements
within the Town
Action Requested of Council: Approve/deny Resolution No. 4,
Series of 1988.
Background Rationale: The resolution before Council
involves a commitment by the Council to use Town funds to
pay off $475,000 of principal on the West Vail Street
Improvement District bonds and to raise an additional
$914,000 in annual property taxes in the years 1989-1992 for
the purpose of funding the street improvement program.
Current plans for funding street improvements through
special districts would be eliminated.
Staff Recommendation.: Approve Resolution No. 4, Series of
1988.
8:45 4. Ordinance No. 2, Series of 1988, second reading, regarding
Stan Berryman West Vail assessments
Larry Eskwith
Charlie Wick Action Requested of Council: Continue for two weeks to Feb.
2, if Council elects to go with property tax increase for
street improvements. If not, approve ordinance on second
reading.
Background Rationale: In accordance with Vail Municipal
Code Section 20.04.120, this ordinance reflects the
assessments for the street improvements in the West Vail
Local Improvement District No. 1. If the Council elects to
go with the property tax increase rather than SID's for
street improvements, this second reading needs to be
continued for two weeks to give bond counsel time to develop
new wording applying this ordinance only to the utility
costs and outlining how the bonds will be paid.
Staff Recommendation: Continue Ordinance No. 2, Series of
1988, for two weeks to give bond counsel the opportunity to
advise the Council on property wording.
9:00 5. Ordinance No. 4, Series of 1988, first reading, repealing
Larry Eskwith Ordinance No. 39, Series of 1987
Action Requested of Council: Approve/deny Ordinance No. 4,
Series of 1988, on first reading.
Background Rationale: Action is required due to the
referendum petition filed two weeks ago and certified to the
Council last week. A vote to deny Ordinance No. 4 means
Ordinance No. 39, Series of 1987, is sustained and the issue
will go to an election. A vote to approve Ordinance No. 4
has to pass by 3/4 vote, or 6-1.
Staff Recommendation: Deny Ordinance No. 4, Series of 1988,
on first reading.
9:15 6. Resolution No. 3, Series of 1988, setting the date for a
Larry Eskwith special election
Action Requested of Council: Approve/deny Resolution No. 3,
Series of 1988.
Background Rationale: This resolution is necessary if
Ordinance No. 4 above is denied. This resolution will set
the referendum election for Feb. 23, the earliest possible
date by law.
Staff Recommendation: Approve Resolution No. 3, Series of
1988.
9:20 7. Town of Uail Sign Improvement Program Presentation
Stan Berryman
Action Requested of Council: Discuss proposed program with
consultants. Revise recommendation and adopt program.
Background Rationale: The Town retained the consultant team
of Shapins, Moss; BRW Engineering; and Ampersand Studios to
formulate a comprehensive, public Signage Improvement
Program for the Town. Input was received from the public at
two meetings in August. The Parking/Transportation Task
Force acted as the steering committee for the project and
approved the final report in November. The consultants will
make a presentation at the Work Session and receive public
comment at the Evening Meeting.
Staff Recommendation: Adopt program.
CITIZEN PARTICIPATION
10:00 8. Town Manager's Report
10:05 9. Adjournment
-2-
d~
ORDINANCE NO. oZ
SERIES OF 1988
AN ORDINANCE ACCEPTING CERTAIN IMPROVEMENTS
CONSTRUCTED AND INSTALLED IN AND FOR TOWN OF VAIL,
COLORADO, WEST VAIL LOCAL IMPROVEMENT DISTRICT
NO. 1, DETERMINING THE TOTAL COST THEREOF,
RECEIVING AND ACCEPTING THE ASSESSMENT ROLL
APPORTIONING THE COST THEREOF TO BE PAID BY
SPECIAL ASSESSMENTS AS AMONG AFFECTED PROPERTIES
WITHIN THE DISTRICT, ASSESSING SAID COST AS
APPORTIONED THEREIN AGAINST EACH ASSESSABLE LOT OR
TRACT OF LAND WITHIN THE DISTRICT SPECIALLY
BENEFITTED BY SAID IMPROVEMENTS, PRESCRIBING THE
METHOD OF PAYING AND COLLECTING SAID ASSESSMENTS,
DESCRIBING THE LIEN SECURING PAYMENT .THEREOF,
MAKING NECESSARY FINDINGS WITH RESPECT TO THE
SATISFACTION OF ALL CONDITIONS AND REQUIREMENTS
RELATING TO THE FOREGOING, AND LIMITING ACTIONS
CHALLENGING THE PROCEEDINGS.
WHEREAS, the Town Council of the Town of Vail, Colorado
(the "Town") has heretofore by Ordinance No. 10, Series of 1987,
authorized and ordered the construction and installation of
improvements therein described (the "Improvements") for Town of
Vail, Colorado, West Vail Local Improvement District No. 1 (the
"District") and determined thereafter to levy special assessments
against the affected properties in the District, according to the
method and within the limitations therein described; and
WHEREAS, the Town Council has heretofore by Ordinance
No. 13, Series of 1987, issued special assessment bonds
designated Town of Vail, Colorado, West Vail Local Improvement
District No. 1 Special Assessment Bonds, dated June 1, 1987, in
the aggregate principal amount of $525,000, to pay a portion of
the cost of constructing and installing the Improvements and
covenanted thereafter to apportion, levy and assess said cost,
less any portion thereof to be paid by the Town, upon the
assessable lots and tracts of land within the District; and
WHEREAS, the Improvements are now substantially
complete; and
WHEREAS, the Town Manager has ascertained the total
cost of the Improvements, less that portion thereof to be paid by
the Town and has brought the matter of levying assessments
therefor before the Town Council; and
BD534
4
12/30/87
~•
WHEREAS, an assessment roll for the District, showing
the amount of each assessment, has been prepared by the Town's
Department of Public Works & Transportation; and
WHEREAS, the Town Clerk has heretofore caused a notice
in the form prescribed by Section 20.04.180 of the Code of the
Town (Section 1-11(a) of Ordinance No. 9, Series of 1976), to be
mailed by first class postage prepaid mail to the record owners
of the affected properties on December. l7, 1987 and to be
published in The Vail Trail, a newspaper of general circulation
in the Town, in its issues of December 18, 24, and 31, 1987; and
WHEREAS, the Town Council has held a public hearing
upon proposed special assessments against properties within the
District and upon the ordinance by which the same shall be
levied, all as .required by Chapter 20.04 of the Code and the
Charter of the Town, at its regular meetings on January 5, 1988,
and January 19, 1988.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
1. The Town Council hereby finds that notice of
proposed assessments and of a public hearing thereon has been
given and a public hearing held as hereinbefore recited and
therefore that the notice and public hearing requirements of
Chapter 20.04 of the Code of the Town and Ordinance No. 10,
Series of 1987, have been fully satisfied prior to the adoption
of this Ordinance. The Town Council hereby further finds that
all other conditions and requirements of said Code and ordinance
relating to the levying of special assessments against properties
within the District have heretofore been fully satisfied.
2. The Town Council hereby accepts the Improvements
constructed and installed in and for the District.
3. The Town Council hereby finds that the total cost
of the Improvements, including engineering, legal, and incidental
costs, is $ that the portion thereof to be assessed
against the lots or tracts of land within the District is
$525,000, and that the balance shall be paid by the Town.
4. The Town Council hereby finds that the
Improvements are local improvements which have conferred general
benefits upon the Town and also special benefits upon the
affected properties within the District. Properties proposed to
be assessed abut or are in the vicinity of the Improvements and
have benefited from the construction and installation thereof.
Assessments are to be levied because substantial special benefits
have resulted from the Improvements to all of the affected
properties within the boundaries of the District, which special
BD534 5 12/30/87
benefits are separate and distinct from the general benefits to
the Town that will also result therefrom. Said special benefits
consist of improvements that enhance the present and/or potential
use, convenience, value, reduction in maintenance costs,
alleviation of health and sanitation hazards or enjoyment of the
property. This finding is made after considering evidence
relating to the following factors:
(1) The effects upon the appearance and
environment of and for the properties abutting upon or in
the vicinity of the Improvements;
(2) The availability of the Improvements for use
by the properties abutting upon or in the vicinity of the
Improvements;
(3) The type of improvements made and the policy
followed in making assessments or similar improvements
constructed in the past;
(4) The nature of the Improvements, singularly or
in combination, and their influence throughout the area and
as to the individual parcels of property;
(5) The ever-increasing responsibility and
changing concept of what is required of the individual
property owners at their own costs under the police power
even though the general public also has available to it such
Improvements;
(6) Unique features of the particular properties;
(7) The zoning, uses, and potential uses of the
properties in the vicinity of the Improvements;
(8) Opinions on the effects upon the fair market
values from the Improvements upon properties in the vicinity
of the Improvements;
(9) The probable influence from the Improvements
relating to the protection or preservation of the values of
the properties in the vicinity of the Improvements.
5. The Town Council hereby receives and accepts the
assessment roll for the District as prepared by the Town's
Department of Public Works & Transportation and modified hereby,
a copy of which is attached hereto as Exhibit A.
6. The amounts specified in said assessment roll,
have been computed according to the method described in Ordinance
No. 10, Series of 1987, and as described in Exhibit B attached
BD534 6 12/30/87
hereto. The Town Council has heretofore by said Ordinance
determined, and by this Ordinance does again determine, that said
method of assessment is a fair and equitable one, providing for a
reasonable apportionment of the cost of the Improvements
consistent with the benefits conferred. The determination made
hereby is reached after weighing the factors specified in Section
20.04.220 of the Code of the Town (Section 1-12 of Ordinance
No. 9, Series of 1976), after hearing evidence relating to
special benefits actually conferred upon the affected properties,
including without limitation increased market value, in an amount
which shall equal or exceed the maximum amount of the particular
assessment to be assessed against each such property, and after
considering all other relevant circumstances.
7. The Town Council hereby determines that as to each
lot or tract of real estate said special benefits exceed in value
the amounts to be assessed therefor and that said benefits are
apportioned among the respective lots or tracts in rough
approximation to the benefits conferred.
8. The Town Council hereby finds that the proposed
assessments reflected in the assessment roll will be sufficient
in the aggregate to cover the portion of the total cost of the
Improvements to be defrayed by the levying of special
assessments.
9. Said amounts are hereby assessed against the
respective properties as set forth in said assessment roll, and
the Town Clerk is hereby instructed so to notify the affected
owners.
10. All assessments made in pursuance of this
Ordinance shall be due and payable without demand to the Director
of Administrative Services on February 19, 1988.
11. All such assessments may at the election of the
owner be paid in installments with interest. Failure to pay the
whole assessment on or before February 19, 1988, shall be
conclusively considered and held to be an election on the part of
such owner to pay in installments the amount of the assessment
then unpaid.
12. Assessments not paid on or before February 19,
1988, shall be payable in ten (10) substantially equal annual
installments, beginning August 1, 1988, and contirnaing thereafter
on August 1 of each year until and including August 1, 1997, with
interest on the unpaid principal amount at the rate of eight and
one-half per cent (8.5%) per annum, payable August 1, 1988, and
on principal payment dates thereafter.
BD534 7 12/30/87
13. There shall be no interest charge or penalty
against any assessment, payment of which is made in full to the
Director of Administrative Services on or before February 19,
1988. The Town Manager may publish a notice in at least one
newspaper published and of general circulation in the Town at
least ten (10) days before said date or any installment payment
date, which notice shall state the place of payment and the time
for it to close. The failure to publish such notice or to do any
other act or thing required by Chapter 20.04 of the. Code shall
not affect such assessment or any installment thereof, or the
lien the Town holds therefor, nor extend the time for payment
thereof.
14. The owner of any lot or tract of real estate
herein assessed may at any time pay the whole unpaid. principal
due under this Ordinance with the interest accrued to the next
interest payment date, together with penalties, if any.
15. An assessment or installment thereof shall be
considered delinquent if not paid within thirty (30) days after
the date set for payment thereof in the provisions of this
Ordinance. A delinquency shall cause the whole amount of unpaid
principal and accrued interest to become due and payable. Any
delinquent assessment or installment shall continue drawing
interest as hereinabove provided plus penalty interest at the
rate of one and one-half percent (1-1/2%) per month. As soon as
any assessment or installment thereof shall become delinquent,
the Director of Administrative Services shall mark the same
delinquent on the assessment roll and shall, at least once each
calendar year, but not sooner than the first day of December,
certify such assessments, along with interest and penalty, to the
County Treasurer of Eagle County, Colorado; and the County
Treasurer shall extend such assessment upon the real property tax
rolls of the County and collect the same in the same manner as
delinquent general taxes levied upon such property. Upon
certification of the delinquent assessment or payments, the costs
of such collection shall also become due and payable. However,
at any time prior to the date a delinquent assessment is
certified to the County Treasurer for collection, but not
thereafter, the owner may pay the amount of delinquent
installments, accrued interest thereon, and penalties due, and
shall thereupon be restored to the right thereafter to pay in
installments in the same manner as if default had not been made.
16. All assessments made in pursuance of this
Ordinance shall be a lien in the several amounts assessed against
each tract or parcel of land from the effective date of this
Ordinance. A lien shall not, however, attach to any tract or
parcel of land so assessed which is owned by the State of
Colorado, or any agency, or instrumentality thereof, or any
county, municipality, school district, special or quasimunicipal
BD534 8 12/30/87
district, other political subdivision, or private corporation
operating a public utility. As to any subdivisions of any real
estate assessed in pursuance of this Ordinance,. the assessments
shall in each case be a lien upon the individual lots of the
subdivision in proportion to their respective shares. The liens
for assessments shall be prior and superior to all other liens,
claims, encumbrances and titles, .whether prior in time or not,
and shall constitute such a lien until paid; provided, however,
such assessment lien is subordinate and junior to any lien for
general taxes and is subject to extinguishment by the sale of any
property on account of the nonpayment of general taxes; and
provided, further, any such assessment lien on any tract or
parcel of land is prior and superior to any assessment lien
thereon subsequently levied.
17. After the expiration of thirty (30) days from the
effective date of this Ordinance, all actions or suits attacking
in any way the proceedings held, the determinations and findings
made, and the assessments levied herein, shall be perpetually
barred and shall not thereafter be questioned in any court or
before any other tribunal. In order for one to have standing to
challenge the proceedings in any respect, or the Ordinance
adopted, or any assessment levied, he must have asserted his
objections in accordance with Section 20.04.200 of the Code of
the Town. Review shall be limited to the objections so asserted.
If a court of competent jurisdiction sets aside any final
assessment, then the Town Council may make a new assessment
generally in accordance with the provisions of this Ordinance.
Notices and procedures followed need not be in strict compliance
with this Ordinance so long as the affected property owner is
afforded due process of law.
18. The officers of the Town are hereby authorized and
directed to take all action necessary or appropriate to
effectuate the provisions of this Ordinance.
19. All action heretofore taken by the Town and by the
officers thereof not inconsistent herewith directed toward the
levying of special assessments against properties within the
District specially benefited by the construction and installation
of the Improvements therein is hereby ratified, approved and
confirmed.
20. All acts, orders, ordinances, resolutions, or
parts thereof, of the Town in conflict with this Ordinance are
hereby repealed, except that this repealer shall not be construed
so as to revive any act, order, ordinance, resolution, or part
thereof, heretofore repealed.
21. If any paragraph, clause or provision of this
Ordinance is for any reason judicially adjudged invalid or
BD534 9 12/17/87
unenforceable, such judgment shall not affect, impair or
invalidate the remaining paragraphs, clauses. or provisions
hereof, the intention being that the various paragraphs, clauses
or provisions hereof are severable.
INTRODUCED, -READ BY TITLE, PASSED ON FIRST READING,
APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 5th day of
January, 1988.
A public hearing on this Ordinance shall be held at a
regular meeting of the Town Council of the Town of Vail,
Colorado, in the Vail Municipal Building on Tuesday, the 19th day
of January, 1988, at the hour of 7:30 p.m., and it is hereby
ordered that notice of said hearing be given as required by law.
TOWN OF VAIL, COLORADO
(TOWN)
(SEAL )
ATTEST:
Town Clerk
Mayor
BD534 10 12/17/87
INTRODUCED A SECOND TIME, READ BY TITLE, FINALLY
APPROVED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED BY
TITLE ONLY this 19th day of January, 1988.
(TOWN)
(SEAL)
ATTEST:
Town Clerk
TOWN OF VAIL, COLORADO
Mayor
BD534 11 12/17/87
EXHIBIT A
(Attach Final Assessment Roll)
BD534 12 12/17/87
EXHIBIT B
(Attach Description of Method of Apportioning Assessments)
The cost of the street improvements to be assessed
against the benefited properties shall be apportioned among such
properties based upon a formula which considers lot size and type
of property use. Under this formula each property shall be
assessed a percentage of the total cost to be assessed, derived
by dividing the area of such property in square feet by the sum
of the areas in square feet of all properties to be assessed.
For this purpose each improved property used for. commercial
purposes having no direct access to the streets being improved
shall be treated as having an area equal to one-half of its
actual area in square feet. The cost of the sanitary sewer
improvements to~ be assessed against the benefited properties
shall be apportioned equally among such properties.
8D534 13 12j17/87
Council Member duly seconded the
motion, and the question being upon the approval on first reading
of said Ordinance, the roll was called with the following result:
Council Members voting "Yes":
Council Members voting "No":
Kent Rose
John Slevin
Eric Affeldt
Merv Lapin
Gordon Pierce
Thomas Steinberg
Gail Wahrlich-Lowenthal
members of the Council having voted in
favor of the approval on first reading of the Ordinance, the
Mayor thereupon declared the Ordinance duly approved on first
reading and directed that the Ordinance, as approved, be
published once in full in The Vail Trail, a newspaper of general
circulation within the Town and legally qualified for Town
publications, on January 8, 1988.
Thereupon, after consideration of other business to
come before the Council, the meeting was adjourned.
Mayor
(TOWN) Town of Vail, Colorado
(SEAL)
ATTEST:
Town Clerk
Town of Vail, Colorado
BD534 14 12/30/87
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met in
regular session, in full conformity with the Town Charter,
ordinances and all other applicable laws, rules and regulations,
at the Municipal Building in Vail, Colorado, the regular meeting
place thereof, on Tuesday, the 19th day of January, 1988, at the
hour of 7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent Rose
Mayor Pro Tem:
Council Members:
John Slevin
Eric Affeldt
Merv Lapin
Gordon Pierce
Thomas Steinberg
Gail Wahrlich-Lowenthal
The following members of the Town Council were absent:
The following persons were also present:
Town Manager:
Director of Admini-
strative Services:
Rondall Phillips
Charles Wick
Town Attorney:
Town Clerk:
Lawrence A. Eskwith
Pamela A. Brandmeyer
The Mayor informed the Council that Ordinance No. ,
Series of 1988, relating to the levying of special. assessments
against properties within the Town"s West Vail Local Improvement
District No. 1 specially benefited by the construction and
installation of Improvements therein, which was introduced, read
by title, approved on first reading and ordered published once in
full at a regular meeting of the Town Council held on January 5,
1988, was duly published in full in The Vail Trail, a newspaper
BD534 15 12/30/87
of general circulation in the Town, in its issue dated January 8,
1988, and that the publisher's affidavit of said publication is
now on file in the office of the Town Clerk.
Council Member
said Ordinance a second time and read
sufficient copies having previously
Council and to the public:
then introduced
the Ordinance by its title,
been made available to the
The Mayor then declared that this was the time and
place established for a public hearing on said Ordinance and the
meeting was then opened for such purpose. After, all persons had
been given an opportunity to speak, the hearing was declared
closed.
Thereupon, Council
moved the final approval
No. Series of 1988.
Member
on second
reading of
then
Ordinance
Council Member duly seconded
the motion, and the question being upon the final approval on
second reading of said Ordinance, the roll was called with the
following result:
Council Members voting "Yes":
Council Members voting "No":
Kent Rose
John Slevin
Eric Affeldt
Merv Lapin
Gordon Pierce
Thomas Steinberg
Gail Wahrlich-Lowenthal
members of the Council having voted in favor
of the motion, the Mayor thereupon declared the Ordinance finally
approved on second reading and directed that the Ordinance, as
approved, be published by title only in The Vail Trail, a
newspaper of general circulation within the Town of Vail and
legally qualified for Town publications.
BD534 16 12/30/87
After consideration of other business to come before the
Council, the meeting was adjourned.
Mayor
Town of Vail, Colorado
(TOWN)
(SEAL)
ATTEST:
Town Clerk
Town of Vail, Colorado
BD534 17 12/17/87
ORDINANCE N0. 4
Series of 1988
AN ORDINANCE REPEALING ORDINANCE N0. 39, SERIES OF
1987; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, a referendum petition has been filed with the Clerk of the Town of
Vail, Colorado, directing the Town Council to reconsider Ordinance No. 39, Series
of 1987, pursuant to Article 5, Initiative and Referendum of the Municipal Charter
of the Town of Vail; and
WHEREAS, the Clerk of the Town of Vail, Colorado has certified said petition
as sufficient to the Town Council of the Town of Vail, Colorado; and
WHEREAS, pursuant to Section 5.5 of the Charter of the Town of Vail, the Town
Council must now vote on whether or not to repeal said ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
Ordinance No. 39, Series of 1987, is hereby repealed in its entirety.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of ,
1988, and a public hearing shall be held on this ordinance on the day of
1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this _ day of
1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
RESOLUTION N0. 3
Series of 1988
A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION
FOR THE PURPOSE OF SUBMITTING TO THE VOTERS FOR THEIR
APPROVAL OR DISAPPROVAL, ORDINANCE N0. 39, SERIES OF
1987, AN ORDINANCE REPEALING AND REENACTING CHAPTER
5.04 ANNUAL BUSINESS LICENSE.
WHEREAS, a referendum petition has been filed with the Town Clerk of the Town
of Vail, Colorado demanding that the Town Council reconsider Ordinance No. 39,
Series of 1987 pursuant to Article 5 Initiative and Referendum of the Municipal
Charter of the Town of Vail; and
WHEREAS, said petition has been certified as sufficient by the Municipal Clerk
of the Towrr of Vail; and
WHEREAS, the Town Council reconsidered Ordinance No. 39, Series of 1987, at
the regular meeting of the Town Council of the Town of Vail held on January 19,
1988; and
WHEREAS, upon such reconsideration, the Council failed to repeal the Ordinance
so reconsidered; and
WHEREAS, pursuant to Section 5.6 of the Charter of the Town of Vail, Colorado,
said Ordinance must be submitted to the voters of the Town at an election to be
held not less than thirty (30) days nor later than ninety (90) days from the date
of the final Council vote on .the reconsideration of the Ordinance; and
WHEREAS, no regular Town election is to be held within said period and
therefore the Council must provide for a special election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. A special election is hereby set for 1988 for the
purpose of submitting Ordinance No. 39, Series of 1987, to a vote of the registered
electors of the Town of Vail.
2. The Town Clerk is hereby directed to take all steps required by law for
the purpose of holding said special election.
3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this day of ,
1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
~PRES ENT:
ac Curt~.n
Steve S~cmanet~t
Ca.?.t.n ~.Cea~s o n
Beaty Nea.C
AGENDA Co.P.eeen McCat~thy
LOCAL LIQUOR LICENSING AUTHORITY Jay Pe~te~usan,
REGULAR MEETING La~vcy EhFzw,ith
JANUARY 13, 1988 Pam Brandmeyer
10:00 A.M.
ABSENT:
a~
neryce~ev-~iv~g the Ae~,thor.ity
1. Consideration of the Board of modification of
premises for the following licensees:
a. Lancelot, Inc., dba, the Lancelot Restaurant Cont,%nued to 2-10-~8.
b. Koumbaros, Inc., dba, the Clock Tower Cafe Co~%nued to 2-10-8~.
c. Bridge Street Restaurant Association, dba, Cont,%vuced to 2-10-~88.
Vendetta's
2. Consideration of the Board of the following items
affecting DAB Investments, Inc., dba, the Vail
Holiday Inn:
a. Corporate Structure Change Cav~t.%nued to 2-10-8~.
b. Modification of Premises A~praved una.n.imau~.Cy.
3. Consideration of the Board of a corporate
structure change for the following licensees:
a. Can Am of Colo., Inc., dba, the Sundance Cant,~,nued to 2-10-&8.
Saloon
b. Arizona DTM Vail, Inc., dba, the Doubletree Cav~t.i..nued to 2-10-&8.
Hotel at Vail
4. Consideration of the Board of a manager A~rycaved unaiumou~s~'y.
registration for Vail Food Services, Inc., dba,
the Golden Peak Restaurant -Jeffrey Whiteside.
5. Consideration of the Board of a manager Cawt~i,nued to 2-10-8~.
registration for the Antlers Condominium
Association - Rob Levine.
6. Notification of the Board of work i n process Nati.b.i,eat:i..on g~.ven.
for the Vail Hotel and Athletic Club:
a. Manager Registration - Markus Gatter
b. 100% transfer of ownership to JWT 1987 Vail
Limited Partnership
7. Notification of the Board of a change of trade name Nat-i.U~.cati.an g~.ven.
by the Vail Village Inn Lounge, Inc., dba, the Village
Inn Lounge, to the Vail Village Inn Lounge, Inc.,
dba, the Coyote Bar.
8. PUBLIC HEARING - Consideration by the Board of a
hearing to contemplate the renewal of the Hotel/
Restaurant Liquor License held by Mary J. Senac,
dba, Alain's Creekside Cafe, based on the following
items, as well as any other items that may affect
the renewal of said license r
a. Whether the licensee is not of good moral
to 12-47-111(1)(a)(111), C.R.S.
L,i,eevuse renewed. 90 day .cmmed-cafe
bu~~ews.ian, ebbee~%ve 1-13-8& ~
5:00 P. M. , rycabat.%onar y peh.%ad
brom 1-13-SS to 7-13-&~. T/C:
L~.eejv5ee rat be bound gu-i.P,ty o~
~~~y via.;cr~i,ar. c~ `he L.i,quar
race c_u%u.~.c ,::.ifs '~%ca,G.tianany
~i,%a~". On-~~ ~.e-~ec:~ bar be~.ng
character, pursuant -°.~-e e.
P.2e e ~ ee
chmevit. .
b. Whether the licensee with respect to her character, record, and
reputation is :satisfactory to the Town of Vail Local Licensing
Authority, pursuant to 12-47-111(1)(a)(VIII), C.R.S.
c. ~Jhether the licensee was employed, assisted by, or financed in
whole or in part by any other person who is not of good character
and reputation satisfactory to the Local Licensing Authority
of the Town of Vail., pursuant of 12-47-111(1)(a)(VI), C.R.S.
AGENDA
LOCAL LIQUOR LICENSING AUTHORITY
REGULAR MEETING
PAGE TWO
JANUARY 13, 1988
d. Whether the licensee failed to conduct her licensed premises
is a decent, orderly, and respectable manner, and permitted on
her leased premises activities offensive to the senses of the
average citizen and the residents of the neighborhood, to wit:
Licensee unlawfully permitted the storage on the licensed
premises and the. sale and distribution from the licensed
premises of a Schedule II controlled substance, as defined
in Section 18-18-105-20(a), C.R.S., to wit: cocaine, all in
violation of Liquor Regulation 47-105.1.
e. Whether licensee failed to report a change of financial interest,
to wit: the financial interest of Alain Senac in the license,
within 30 days after said change, in violation of 12-47-106, C.R.S.
f, Whether licensee unlawfully failed to completely disclose all
persons having a direct or indirect financial interest in the
license and the extent of such interest to the Local Licensing
Authority, to wit: the financial interest of Alain Senac, in
violation of 12-47-129(4)(a), C.R.S., and Rule 3(B)(a) of the
Rules of Procedure of the Liquor Licensing Authority of the Town
of Vail.
g. Whether the licensee failed to apply for the renewal of her
existing license not less that 45 days prior to the date of its
expiration , in violation of 1~-47-106(1)(b), C.R.S.
h. Whether the licensee meets the reasonable requirements of the
neighborhood and the desire of the inhabitants, therein.
i. Whether the licensee is in compliance with Article 47, Title i2,
C.R.S.
9. Consic~cracio:~ of ~~hc ~oarc; of ~;;he renewal
hearing for SCG, Inc., dba, the Red Lion Inn Renewu,e he~vu.ng ecc,::ec: ~a~~
Restaurant. 2-t0-88.
10. Notification of the Board of applications in A,e,e ~a be ~naee~s~ed ezt negu.ealc
process for 100% transfer of ownership: meeting 2-10-&&.
a. Trilogy S, Inc., dba, Chair Sixteen
b. Rick Woo/Henry Woo, dba, the May Palace
Restaurant
c. James B. Craddock, dba, the Best Western
Raintree Inn-Vail.
11. Not ificati;on of the Board of recent renewals:
a. Fujimo, Inc., dba, McKinley's Gri11 UvcawGmau~S.Ec~ a}~rycaved.
12. Notification of the Board of recent incident Cawt.i;nued ~0 2-10-&~.
reports.
13. Any other business the Board wishes to discuss.
Jacfz hays been, as fzed ~a wn.-ite an atc~i.c~.e ~ an. ~~Ce VAI L TRA1 L,
~ubm.%~ta.~ dale being 2-2-&~. He w,(,2~ ~.e.c~ c4ncehrv5 such ass
aver-~sehv,iee, ~env.iee ~o m~,na~u5. etc.
~,
lawn o uai '~
75 south frontage road office of the town manager
vail, Colorado 81657
(303) 476-7000
January I5, I9i38
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF VATL
COLORADO
RE: RENEWAL OF THE HOTEL/RESTAURANT )
LIQUOR LICENSE HELD BY MARY J. SENAC, )
DOING BUSINESS AS, ALAIN'S CREEKSIDE DECISION
CAFE
T0: The applicant hereinabove named and the
Local Liquor Licensing Authority.
Pursuant to the Statutes of the State of Colorado, the ordinances
of the Town of Vail, and the Rules of Procedure of the Local Liquor
Licensing Authority, you are hereby advised of the following:
This matter was heard before the Local Liquor Licensing
Authority of the Town of Vail, Colorado, on January 13, 1988,
pursuant to the provisions of Article 47, Title 12, C.R.S., as
amended .
The Town of Vail was represented by Counsel, Lawrence A.
Eskwth, and the Licensee was present in person and represented
by'Counsel, John Case and Alan Dill. At the hearing, the Licensee
stipulated to and admitted the following violations of the Colorado
Liquor Code, Colorado Liquor Regulations, and the Rules of the
Local Liquor Licensing Authority:
1) The Licensee employed or was assisted by it whole or in part.
by another person who is not of good character and reputation
satisfactory to the Local Liquor Licensing Authority of the
Town of Vail, pursuant to 12-47-111(1)(a)(VI), C.R.S., as
amended.
DECISION
TOWN OF VAIL/MARY J. SENAC, DBA, ALAIN'S CREEKSIDE CAFE
PAGE TWO
2) The Licensee failed to conduct her 1-~censed premises in a
decent, orderly, and respectable"manner, and permitted on her
leased premises activities offensive to the senses of the
average citizen and the residents of the neighborhood, to wit:
Licensee unlawfully permitted (the term permit~ed is defined in
the Colorado Liquor Code and interpreted by the case of Clowns
Den vs. Canjar) the storage on the licensed premises and the
sale and distribution from the licensed premises of a Schedule II
controlled substance, as der"fined in Section 18-18-105-20(a), C.R.S.,
as amended, to_wit: Cocaine, all in violation of Liquor Regulation
47-105.1.
3) The Licensee failed to apply for the renewa l of her existing
license not less than 45 days prior to the date of its expira-
tion, in violation of 12-47-106(1)(b), C.R.S., as amended.
4) The Licensee was not in compliance with Article 47, Title 12,
C.R.S., by virtue of the above setforth violations.
Subsequent to the admissions of the Licensee and upon appropriate
motion, the Local Licensing Authority made the following decis-ion.:
1) The Licensee's Hotel and Restaurant Liquor License shall be
suspended for 90 days, commencing on Wednesday, January 13,
1988, at S:OO P.M., and ending on April 13, 1988, at 12:00
noon.
2) The Licensee shall not violate the Liquor Code of the State of
Colorado, the LIquor Regulations of the State of Colorado, or
the Liquor Ordinances or Regulations of the Town of Vail during
the period of suspension.
3) That the Licensee shall be placed on probation from January 13,
1988,. to July 13, 1988., and during said probationary period shall
not violate the Liquor Code of the State of Colorado, the Liquor
Regulations of the State of Colorado,. or the Liquor Ordinances
of the Town of Vail.
4) Should the Licensee be found to have violated any of said
Statutes, Ordinances, or Regulations, during the period of
suspension or during the period of probation, the Hotel and
Restaurant Liquor License shall be immediately revoked.
DECISION
TOWN OF VAIL/MARY J. SENAC, DBA, ALAIN'S CREEKSIDE CAFE
PAGE THREE
TOWN OF VAIL
LOCAL LIQUOR LICENSING AUTHORITY.
JACK CURTIN
CHAIRMAN
The undersigned, Town Clerk, does hereby certify this decision
was mailed, regular mail (handed to and left with), to the following
individuals:
Mary J. Senac, P.O. Box 45, Vail, CO 81658
Case and Lacert, Attn: John Case, 9745 East Hampden, Suite #300,
Denver, CO 80231
Dill and Dill, Attn: Alan Dill, 700 East Speer Boulevard, Denver,
CO 80203
on this day of January, 1988.
TOWN OF VAIL
PAMELA A. BRANDMEYER
TOWN CLERK