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HomeMy WebLinkAbout1967-04-24 Town Council MinutesMINUTES OF THE MEETING BOARD OF TRUSTEES - THE TOWN OF VAIL HELD APRIL 24, 1967 The Meeting was called to order at 7:45 P. m. by the Mayor, C. E. Kindel. ROLL CALL: Roll Call found the following Members present: Mayor C. E. Kindel Trustee Langmaid Trustee Burdick Trustee Hoyt Trustee Willett Trustee Dobson Trustee Seibert MINUTES OF THE MEETING I. APPROVAL OF MINUTES OF PREVIOUS MEETINGS. The Trustees were polled for changes or comments on the minutes of the Meeting held on March 27th and April 10th. Trustee Burdick made a Motion that the minutes be approved as recorded. It was seconded by Trustee Langmaid and approved unanimously by the Board. 2. REPORT ON TELEVISION POLL BY VAIL COUNTRY DAY SCHOOL Peter Seibert, Jr., made a report on behalf of 21 students who felt it was beneficial to have television in Vail, Kristina Steinberg reported for seven students who felt it was detrimental to the health and welfare of the youngsters to have television in Vail. Mayor Kindel made the comment that the latest result on the television poll was 41 for and 17 against. He indicated that the Town is presently looking into negotiating a T. V. Franchise. 3. CONSIDERATION OF VOUCHER APPROVAL An itemized list of voucbers to be approved for payment was submitted to the Board. After consideration Trustee Burdick made a Motion to approve the Vouchers for payment. It was seconded by Trustee Willett and approved unanimously by the Board. 4. CONSIDERATION OF AN ENGINEERING AGREEMENT WITH MEURER-SERAFINI-ANI) MEURER FOR A STREET IMPROVEMENT STUDY AND ENGINEERING SERVICES RELATED THERETO Mayor Kindel gave a brief resume of the contract submit- ted by Meurer, Serafini and Meurer. r � . Page 2 - Minutes of the Meeting - April 24, 1967 The Town Attorney, Peter Cosgriff, suggested that a change be made in the condition under 4 a. Termination.. . . . . . . . . either party by seven (7) days' written notice 4n the event of substantial failure to perform in accordance with the terms hereof by the one party without cause and the Owner can terminate. " In addition, he felt that the contract documents, such as maps of elevations, drainage study, etc;, should remain in the possession of the Owner, even though the usual practice is for the Engineering Firm to retain them. With the two changes incorporated, Trustee Willett made a Motion to accept the Engineering Contract. It was seconded by Trustee Hoyt and approved unanimously by the Board. 5. CONSIDERATION OF AN AGREEMENT WITH BOETTCHER AND COMPANY FOR SERVICES RELATING TO THE ORGANIZATION OF A GENERAL IMPROVEMENT DISTRICT AND THE MARKETING OF STREET IMPROVE- MENT BONDS The Agreement has been in the hands of the Trustees for a time. Since Boettcher and Company gave the lowest bid that Company was selected. Blake Lynch stated that the agreement was standard. They are not guaranteeing to buy the bonds and it is required by law to hold a public sale. The cost of handling the sale is less if all are sold at once rather than over the three year period. Mayor Kindel called for a Motion to approve the Agreement with Boettcher and Company. Trustee Dobson made the Motion and it was seconded by Trustee Hoyt. The Board approved the Agreement unanimously. 6. REPORT FROM THE CITY ATTORNEY Recently there was a case in the Police Magistrates' Court and while the case was being set for trial the defendant in the case went into District Court in Eagle and moved that the proceedings be stayed and that the local Judge be prevented from acting from the stand- point that he did not have jurisdiction. The matter was allowed "ia the District Court and the Judge sustaining the Motion of the Defendant that �J Page 3 - Minutes of the Meeting - April 24; 067 the local court be prevented from proceeding. The feason that was allowed in the District Court is of some uniqueness and some great importance, not only to this Town, but other townsthroughout the State of Colorado. The Courts of Colorado get their authority specifically from the Constitution and then in addition, under the Constitution it specif- ically sets up certain points that the Legislature will set up rules and regulations for their procedure. The Legislature originally set up the town courts, and did not provide new rules or regulations, therefore, the court was without authority. The Legislature quickly corrected this and in 1885 provided that rules and regulations shall be the same as for the Justice of the Peace Courts. The Justice of the Peace Courts were abolished in 1965, and no provision was made for new rules and regulations for the Police Magistrate Courts in towns under 25, 000 people. The decision as it stands would, in effect, indicate that no town or city has a court system upon which it can rely. The Town Attorney suggested that the course of action should be determined by the Board of Trustees in a study session rather than in a public meeting. 7. SALES TAX LAW The Sales Tax Law for towns under 2, 000 has passed the Legislature and is awaiting the Governors' signature. Mayor Kindel commented that we were extremely pleased that the bill has moved along as well as it has. 8. LAW ENFORCEMENT The Police Commissioner made the announcement that even though this is the end of the season, the. traffic regulations are in effect and will be enforced. 9. UTILITY EASEMENT A request was made to the Board of Trustees that the r Page 4 - Minutes of the Meeting - April 241 061 easement involved in the purchase by Gary White be vacated by the various Utilities. Gary White has asked for a Gait "C airn Deed to vacate the eases ment . The Motion to grant the request was made by Trustee Hoyt and seconded by Trustee Dobson: It was passed unanimously by the Board. 10. ADDITIONAL L1(1JOR LICENSE - LATE CLOSING Trustee Seibert brought to the attention of the Board ithat the late liquor closing on Sunday was passed. It will be necessary to purchase a separate license to stay open. Blake Lynch "will investigate the necessary requirements. 11. CITIZEN PARTICIPATION FRf31VI THE FLOOR 1. George Knox - Since the sales tax bill has passed do we automatically have the authority to charge a sales tax? Blake Lynch answered that it would not automatically `occur, but would require an election. 2. Fred Froehlich - is there a guarantee to• the Town from the Engineering Frim, Meurer, Serafini & Meurer, as to the accuracy of their recommendations of their drainage survey. Peter Cosgrif£ answered: that it is very unlikely that any engineering firm would guarantee their recommendations. Their recommendations are given: to the best of their ability and knowledge. Has the Town considered the financial background of the firm or individual who might receive the franchise so that they would be able to withstand the cost of laying all cable underground and running the tie ends to various lots. Mayor Kindel answered that the criteria for selecting the firm who would receive the TV Franchise would be, (a) finan- cial responsibility, (b) history of the principles, and (e) the Town "has under consideration a street cut ordinance which would become a part of 0 Page 5 - Minutes of the Meeting April Z4, 1967 the franchise.' With these items in mind the Board is proceeding with deliberate haste, 3. Bob Parker - Will the Town have a guarantee of the quality of rece ption. Mayor Kindel answered that naturally, this would be piixne consideration. Do I understand correctly that in effect, we have no effective court of law at this point? Peter Cosgriff answered that this was not true, and that the decision handed down by Judge Luby applied. . to only one case, namely, Stewart Brown. The Town Attorney gave his :recommendation that the Court operate as it has before. It would appear to be an open invitation to challenge the validity of the court. Mayor Kindel commented that unfortunately it was going to be costly for the Town of Vail. 4. John Donovan - When will we receive a financial report on the Town. Mayor Kindel answered that such a report was distributed at a previous Meeting and were available in the Town Office. 5. Jim Cunningham - Does the Town know how much variation on road elevations there will be? Blake Lynch answered that it was not possible at this time. It would be advisable to check with the Office and the information will be passed on as soon as it is known. 6. George Knox - What is .going to be done about the grading of the roads? Mayor Kindel answered it is impossible at this time because the surveyors have their stakes in the road and it is costly to replace. We have a tank that will be oiling the roads at regular inter- vals. Those large uncovered areas where the wind will scatter dust particles will be investigated and perhaps owners will be able to work with the Town and Trustee Seibert said that he was very willing to negotiate regarding the parking lot areas that belong to Vail Associates. 7. Fred Froehlich - Made the report that the new fire truck would not be delivered until a later date because the United States 0 Page 6 - Minutes of the Meeting - April 24, 1967 Government had more of a need and the one we were to receive was sent to DaNang Air Force Base. With no further business to corne before the Board, Trustee Burdick made a Motion to adjourn. It was secon'cd by Trustee Dobson and approved unanimously by the Board at 8:45 p.m. • •