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HomeMy WebLinkAbout1967-11-28 Town Council Minutes• MINUTES OF THE MEETING HELD NOVEMBER 28, 1967, TOWN OF VAIL VAIL, COLORADO The Meeting was called to order by Mayor Ted Kindel at 7:55 p.m. ROLL CALL: Roll Call found the following Members present: Trustee Langmaid Trustee Dobson Trustee Burdick Trustee Willett Mayor Kindel Trustee Seibert was absent. MINUTES OF THE MEETING 1. A discussion was held concerning office space for the Town Offices. There is 800 square feet available at the Mill Creek Court at $200.00 per month. Trustee Willett approved the legal aspect of the lease. Liability insurance was discussed and a consultation with an insurance authority was recommended. 2. The Mayor reported on his sessions with the County Commissioners concerning the problem of snow removal. Securing equipment and cinders from the County was discussed. 3. It was suggested that the Eagle Vallev Enterprise be officially designated as the publication in which all Town Ordinances, etc., be published. The Board of Trustees agreed to use the Eagle Vallev Enterprise for this purpose. ' 4. Mayor Kindel requested that all those attending the Town Meetings to please come on time and plan to stay the entire Meeting. The Editor of the VAIL TRAIL was complimented for his effort and contribution to the large attendance. 5. Mayor Kindel requested Trustee Willett to clarify the work . "occupation" as used in the proposed Ordinances. In legal terms "occupation" means a business, not individual employment. The point was raised to emphasize that wages and salaries were not to be taxed. . 40 6. Mayor Kindel requested that the Town Recorder read the proposed Ordinances and stated that pending approval, the effective date would be December 15, 1966: a. Ordinance #10, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING SKI LIFTS OR SKI TOWS WHOLLY OR PARTIALLY WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFORE" was read. The Town Recorder polled the Trustees as to understanding and then for approval. Ordinance #10, Series of 1966, for the Town of Vail was passed, 4-0. b. Ordinance #11, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS PROVIDING OVERNIGHT OR SHORT TERM LODGING AND RENTALS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees as to understanding and then for approval. Ordinance #11, Series of 1966, for the Town of Vail was passed, 4-0. c. Ordinance #12, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RESTAURANTS AND BARS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Mayor called for discussion among the Trustees and then from the floor. 0 Page 2 - Town of Vail - November 28, 1967 George Knox asked how this could be referred to as a tax, when the businesses could not represent it as such to their customers. It was stated that this tax is perfectly legal and the individual business could either absorb it or raise prices to cover it, but could not charge customers over and above an established price and represent such as a tax. The difference between a tax to raise revenue and a license was discussed. Trustee Willett stated a tax is to raise revenue only, while a license is to control and regulate. It was stated that licensing would not be necessary, except in the case of liquor dealers, who would be licensed by the Town of Vail . Certain other businesses not covered in any of the proposed ordinances, would be assessed a flat fee, such as personal services. A question from the floor was raised if this Ordinance included businesses selling 3.2 beer. That section of the Ordinance was re -read and it was pointed out that this does apply to 3.2 beer outlets. The licensing of liquor dealers as opposed to that of 3.2 beer dealers was discussed. All liquor licenses renew on January 1 of each year, while licensing of 3.2 beer dealers occurs each year from whatever date the first license was obtained. The Town Recorder polled the Trustees as to understanding and then for approval. Ordinance No. 12, Series of 1966, for the Town of Vail was passed, 4-0. d. Ordinance #13, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AM PLACES OF BUSINESS RENTING OR SELLING TANGIBLE PERSONAL PROPERTY AT RETAIL WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRI- BUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees for understanding and then for approval, Ordinance No. 13, Series of 1966, for the Town of Vail was passed, 4-0. e. Ordinance #14, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RETAIL LIQUOR STORES WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance No. 14, Series of 1966, for the Town of Vail was passed, 4-0. f. Ordinance #15, "AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF VAIL, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE 1ST DAY OF JANUARY, 1967, AND ENDING ON DECEMBER 31, 1967, ESTIMATING THE AMUST OF MONEY NECESSARY TO BE RAISED BY TAXES BASED ON THE SAID BUDGET SO ADOPTED; AND SETTING FORTH THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND" was read. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance No. 15, Series of 1966, for the Town of Vail was passed, 4-0. g. Ordinance #16, "THE ANNUAL APPROPRIATION ORDINANCE APPROP- RIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1, 1967, AND ENDING ON DECEMBER 31, 1967" was read. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance # 16, Series of 1966, for the Town of Vail was passed, 4-0. h. Ordinance #17, "AN ORDINANCE ESTABLISHING CERTAIN ACTS, THINGS, CONDITIONS AND USES AS OFFENSES AGAINST THE SAFETY, HEALTH, PROSPERITY, MORALS, ORDER, COMFORT, AND CONVENIENCE OF THE TOWN OF VAIL AND THE INHABITANTS THEREOF, DECLARING THE SAME TO BE UNLAWFUL, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF" was read. There were several points discussed concerning "drunk and disorderly", distur- bing the peace" and dangerous weapon" clauses. A change was made in Section 5. r • Drinking in Streets, to include "except by permission of the Board of Trustees, and in Article III, Section 2. FALSE ALARM, to include "avalanche, missing person, or other emergency or disaster". The Town Recorder polled the Trustees for understanding and then for approval. Ordinance #17, Series of 1966, for the Town of Vail was passed, 4-0. i. Ordinance #18, "AN ORDINANCE DEFINING PUBLIC NUISANCES WITHIN THE TOWN OF VAIL AND PROVIDING PENALTIES FOR VIOLATION AND PROCEDURES FOR THE ABATEMENT THEREOF." was read. Achange was made in Section 6, ABATEMENT PROCEDURE OPTIONAL, to read Police Magistrate rather than Police Court. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance #18, Series of 1966, for the Town of Vail was passed, 4-0. With no further business to come before the Meeting Trustee Willet made the Motion to adjourn. It was seconded by Trustee Dobson. The Meeting adjourned 4 at 11:15 p.m. I , I i I II I III 117 11 1 ..J • 0 0 • MINUTES OF THE MEETING HELD NOVEMBER 28, 1967, TOWN OF VAIL VAIL, COLORADO The Meeting was called to order by Mayor Ted Kindel at 7:55 p.m. ROLL CALL: Roll Call found the following Members present: Trustee Langmaid Trustee Dobson Trustee Burdick Trustee Willett Mayor Kindel Trustee Seibert was absent. MINUTES OF THE MEETING 1. A discussion was held concerning office space for the Town Offices. There is 110 square feet available at the Mill Creek Court at • $200.00 per month. Trustee Willett approved the legal aspect of the lease. Liability insurance was discussed and a consultation with an insurance authority was recommended. 2. The Mayor reported on his sessions with the County Commissioners concerning the problem of snow removal. Securing equipment and cinders from the County was discussed. 3. It was suggested that the Eagle Valley Enterprise be officially designated as the publication in which all Town Ordinances, etc., be published. The Board of Trustees agreed to use the Eagle Valley Enterprise for this purpose. ` 4. Mayor Kindel requested that all those attending the Town Meetings to please come on time and plan to stay the entire Meeting. The Editor of the VAIL TRAIL was complimented for his effort and contribution to the large attendance. 5. Mayor Kindel requested Trustee Willett to clarify the work "occupation" as used in the proposed Ordinances. In legal terms "occupation" means a business, not individual employment. The point was raised to emphasize that wages and salaries were not to be taxed. 6. Mayor Kindel requested that the Town Recorder read the proposed Ordinances and stated that pending approval, the effective date would be December 15, 1966: a. Ordinance # 10, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING SKI LIFTS OR SKI TOWS WHOLLY OR PARTIALLY WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFORE" was read. The Town Recorder polled the Trustees as to understanding and then for approval. Ordinance #10, Series of 1966, for the Town of Vail was passed, 4-0. b. Ordinance #11, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS PROVIDING OVERNIGHT OR SHORT TERM LODGING AND RENTALS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees as to understanding and then for approval. Ordinance #11, Series of 1966, for the Town of Vail was passed, 4-0. c. Ordinance #12, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RESTAURANTS AND BARS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Mayor called for discussion among the Trustees and then from the floor. . • 40 0 9 Page 2 - Town of Vail - November 28, 1967 George Knox asked how this could be referred to as a tax, when the businesses could not represent it as such to their customers. It was stated chat this tax is perfectly legal and the individual business could either absorb it or raise prices to cover it, but could not charge customers over and above an established price and represent such as a tax. The difference between a tax to raise revenue and a license was discussed. Trustee Willett stated a tax is to raise revenue only, while a license is to control and regulate. It was stated that licensing would not be necessary, except in the case of liquor dealers, who would be licensed by the Town of Vail . Certain other businesses not covered in any of the proposed ordinances, would be assessed a flat fee, such as personal services. A question from the floor was raised if this Ordinance included businesses selling 3.2 beer. That section of the Ordinance was re -read and it was pointed out that this does apply to 3.2 beer outlets. The licensing of liquor dealers as opposed to that of 3.2 beer dealers was discussed. All liquor licenses renew on January 1 of each year, while licensing of 3.2 beer dealers occurs each year from whatever date the first license was obtained. The Town Recorder polled the Trustees as to understanding and then for approval. Ordinance No. 12, Series of 1966, for the Town of Vail was passed, 4-0. d. Ordinance #13, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS RENTING OR SELLING TANGIBLE PERSONAL PROPERTY AT RETAIL WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRI- BUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance No. 13, Series of 1966, for the Town of Vail was passed, 4-0. e. Ordinance #14, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RETAIL LIQUOR STORES WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read, The Town Recorder polled the Trustees for understanding and then for approval. Ordinance No, 14, Series of 1166, for the Town of Vail was passed, 4-0, f. Ordinance #15, "AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF VAIL, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE 1ST DAY OF JANUARY, 1967, AND ENDING ON DECEMBER 31, 1967, ESTIMATING THE ANCU'l4+L' OF MONEY NECESSARY TO BE RAISED BY TAXES BASED ON THE SAID BUDGET SO ADOPTED; AND SETTING FORTH THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND" was read. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance No. 15, Series of 1966, for the Town of Vail was passed, 4-0. g. Ordinance #16, "THE ANNUAL APPROPRIATION ORDINANCE APPROP- RIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWNS FISCAL YEAR BEGINNING JANUARY 1, 1967, AND ENDING ON DECEMBER 31, 1967" was read. The Town Recorder polled the Trustees for understanding and then for approval. Ordinance # 16, Series of 1966, for the Town of Vail was passed, 4-0. h. Ordinance #17, "AN ORDINANCE ESTABLISHING CERTAIN ACTS, THINGS, CONDITIONS AND USES AS OFFENSES AGAINST THE SAFETY, HEALTH, PROSPERITY, isMORALS, ORDER, COMFORT, AND CONVENIENCE OF THE TOWN OF VAIL AND THE INHABITANTS THEREOF, DECLARING THE SAME TO BE UNLAWFUL, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF" was read. There were several points discussed concerning "drunk and disorderly", distur- bing the peace" and dangerous weapon" clauses. A change was made in Section 5.