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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