HomeMy WebLinkAbout1972-02-01 Town Council MinutesMINUTES
REGU LAR MEETING
BOARD OF TRUSTEES OF THE TOWN OF VAI L
FEBRUARY 1, 1972
A regular meeting of the Board of Trustees of the Town of Vail was
convened at 7:45 p. m. , February 1, 1972, in the Council Room of the
Vail Municipal Building,
Mayor John A. Dobson and the following trustees were present:
C. P. Tod Anderson
Richard Bailey
John Donovan
Clayton Freeman
Dr. Thomas I. Steinberg
Albert G. White
Also present were:
Terrell Minger, Town Manager
Larry Robinson, Town Attorney
The meeting was called to order by the Mayor and the first order of
business was the consideration of an ordinance initiating the Home
Rule process. Terrell Minger, the Town Manager, explained the
procedure for those not familiar with it. Mr. Minger noted that home
rule can be initiated in one of two ways: either by petition of 5% of the
citizenry or by an ordinance. Following this initial step, there is a
progression of actions established by the State Municipal Home Rule
Act of 1971 that must be followed, including the election of a Charter
Commission, the writing of the Charter and the town vote on the
Charter. It was acknowledged by Mr. Minger that a strict timetable
has to be followed, but that if all goes well home rule could be achieved
by the first part of August, which would make Vail the first city in
Colorado to become a Home Rule city under the new law.
Bob Clarke asked what would be the advantage of home rule. Mr. Minger
replied that the key advantage was flexibility. Some of the things which
would be possible are: 1. the creation of new tax sources; 2. the
adoption of our own pension program; 3. the transference of funds
between departments, if necessary; 4. the raising of the debt limitation;
5. the increasing of the Town Budget without the permission of the State
- Division of Local Government; 6. the establishment of our own time
limitation for the repayment of bonds; 7. the creation of our own form
and structure of government; 8. the determination of our own procedures
for action. An additional advantage given by Mr. Minger was that in court,
a home rule city is presumed to have the right to legislate its own concerns;
an example of this would be the court's attitude if asked to determine the
status of street closing.
Following this explanation, Mayor Dobson asked if there were any other
questions. He noted that the Board was already on record as favoring the
proposal. The Board was polled and each Board member stated that he
had read and understood the proposal. The vote was then taken on
Ordinance No. l (Series of 1972); its approval was unanimous.
The next order of business presented by Mayor Dobson was the parking
space recommendations of the Planning Commission. Bob Clarke explained
that the commission was considering new parking requirements of:
Sq. Ft.
Spaces
0-600
1
601-1000
1 1/4
1001-1300
.
1 1/2
1300-above
2
These new requirements would be applicable in zones MF, HDMF, PA,
CCI, CCII, CSC, HS.
Mayor Dobson called for comments from the floor and a discussion fol-
lowed. Bob Nott asked if more development was possible in CCI, to
which the Mayor responded that there were rumors to that effect. Mr.
Nott agreed that it was a good idea to provide for the possibility of re-
development; however, he wondered what this did to the concept of
keeping this area free of vehicles. It was suggested that to date this
effort had failed. Mr. Nott suggested that some studies and surveys
be made before attempting to solve the parking problem. The Mayor
reminded everyone that it was necessary to move quickly on these
recommendations. He suggested that Larry Robinson and Terry Minger
proceed with an ordinance while continuing to cooperate with any studies
being made. Sharon Brown questioned whether these figures applied
only to new structures; also, whether they applied to additions. The
Mayor replied that they applied only to new structures but that additions
would have to conform. Hans Weibel wanted to know if rental agencies
could fill up lodge parking lots; he said this was being done and that it
caused congestion. The Mayor referred this question to the Town Attorney
who was of the opinion that the matter did not come under the parking law
but rather would require an amendment. The Mayor questioned if this
could be done outside of CCI and CCII. Town Attorney Robinson granted
it could be legally done outside these areas in some cases; the law does
not delineate how parking spaces are to be used. Trustee Donovan sug-
gested that the problem would take care of itself; if a business can rent
many spaces and not turn away customers, then we have made a mistake
in our calculations. Trustee White agreed with this position and added
that it might be a mistake to be too specific on the matter of space -use.
However, Trustee Steinberg felt that many owners did not care if their
tenants had the use of the parking or not. The Mayor suggested that we
be more specific that the spaces are to be available to customers.
Trustee Anderson asked the dimensions of a space; the Town Manager
stated that they were 10' x 201, except indoor parking where they can
be 9' because there is not a snow problem. Ted Kindel wanted to know
if there could be, under this proposal, expansion of restaurants but not
apartments. The Mayor answered that this would be the effect in CCI
only. This effect was being tolerated because it was felt that the desired
use of CCI was different from the desired use of CCII. " Mayor.. obson
then requested that there be an ordinance to consider on this issue at the
next rreeting.
The next order of business, the Model Traffic Code, was explained by
Town Attorney Robinson who stated that the first reading had been held
a month ago and that the only issue remaining was its approval. However,
as some of the Board members had not read the Code, this matter was
postponed until later in the meeting.
In the matter of the final acceptance of the Municipal Building, Mr. Robinson
informed the Board that we must publish a notice of our intent to make a
final payment so that we can make sure everyone has been paid or at least
exonerate ourselves of the responsibility. The tentative date for payment
has been set as February 23. Stanley Bernstein, Director of Administrative
is Services, added that $10,000 remains to be paid on the building. During the
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discussion of what work remains to be done, the major question was the
west access road to the complex. The Town Manager said it would have
to be changed at the town's expense as, even though it was an architectural
error, our building department did not detect the error. Trustee Bailey
asked how much should be retained to take care of any work remaining.
Mr. Bernstein felt that at least $2,000 should be kept. Mr. Minger
volunteered that he and the Town Attorney would meet with Mr. Carver,
the architect, and ascertain what is to be done. The Mayor ended the
discussion on this matter with the statement that the determination of
the amount would be left with the staff and the date set as February 23.
Mery Lapin then took the floor to bring everyone up to date on what
Eagle County Trash Removal is doing. They have purchased $135,000.
worth of trucks and warehouse space. Dumping is now done every day
in order to avoid fires. They also have been working toward maximum
containerization. Another innovation is their computerized billing system.
The rate at which to bill different types of establishments and residences
has been a problem; unfortunately, they don't know exactly how to change
the somewhat inequitable system now in operation. The only rate changes
they anticipate in the future would be those charged to restaurants. Mr.
Lapin then stated that he was anxious for plastic bags to be used. While
• their failure to decompose could be a point against them, in reality the
dump is always burning, thereby eliminating this objection. This state-
ment engendered a discussion of the poor maintenance of the dump by the
county and possible actions the town could take in this regard. The Mayor
suggested that Mr. Lapin frame a letter outlining what he would like the
county to do. Mr. Lapin's final point was that he would like a franchise
from the city. The Mayor suggested that he present a proposal and the
Board would be glad to discuss it. Also, they should look into the problems
just raised.
The Town Attorney, Larry Robinson, reported on the sales tax vendors'
fee issue. In reviewing the issue he noted that when a vendor collects
the state sales tax, he is allowed to keep 3 1/3/ as a fee for his services
as collector; however, the State Department of Revenue is of the opinion
that a fee for collecting a local sales tax is presumed not to be allowed
unless specifically provided for by ordinance. The ordinances of the
Town of Vail do not so provide. However, as the town does not directly
collect its tax, we were not aware until the State Auditors discovered it,
that some retail firms in town were withholding a fee for the local taxes.
The questions both from the floor and the Board revealed the extent of
confusion existing on this matter. However, it was eventually established
that the purpose of the amendment previously passed was not to retro-
actively assess a new tax, but to clarify the intent not to allow a fee.
Those who had assumed that as it was not specified they could be entitled
to a fee were in error; therefore, they are now being asked by t he State
to pay the funds previously withheld. The effect on the Town will be that
they will receive revenues to which entitled that they had not received
previously. It was brought up by Trustee Anderson that it was not the
Town which had initiated the action in this case, but the State; therefore,
perhaps the discussion should just be dropped. Ted Kindel asked the
amount of money involved; the Town Manager estimated that it was $6,000
or $10,000. Trustee Anderson asked what action the Board was now being
asked to take. The answers of the Town Manager and the Town Attorney
were, in effect, that the action had already been taken in the clarifying
amendment; that the State asked what was intended in the future and when
the answer was "no fee" they took that as the past intent also. The only
recourse for those who disagree would be to take the State to court. It
was reiterated that this was not a matter of taking money earned but of
paying over tax already collected. Thus, an unfair windfall to a small
minority of retailers would be prevented. The discussion ended with
the statement by the Mayor that it is foolish not to keep the matter at
the State level; all the Town can do is try to explain.
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The Town Attorney then reported that the School District had signed the
lease on the school room in the Municipal Complex. The Mayor asked for
his recommendation in regard to this agreement. The only problem
Mr. Robinson felt could be anticipated was that the School District might
want to renew the lease next year while the Town had viewed the matter
as temporary. The Board might want to consider this. Trustee Anderson
asked if the Town charged for the use of the room. The Town Manager
replied that the School District pays $100 monthly; the room is available
free of charge to other groups in town if composed of Vail taxpayers.
After the Mayor inquired if anyone needed more information, Trustee
Donovan moved to approve the agreement, Trustee White seconded and
the motion was unanimously passed.
The discussion then returned to the Model Traffic Code. Mr. Anderson
wanted to know if the effect of the motorcycle portion was to prohibit these
vehicles in the core of the village. The Police Chief replied that the
situation would be basically the same as last summer; however, this code
clarified the posting. Mr. Anderson had a further question regarding noise
limitations to which the Police Chief replied that this adoption would not
change the other parts of ordinances already in effect. After polling each
member as to whether he had read and understood the Code, the Mayor
called for a vote and the Code was unanimously accepted.
iThe Town Manager, Mr. Minger, then took the floor to explain the pos-
sibility of an affiliation with University of Colorado to establish the Vail
Institute. Some possibilities for the Institute which have been discussed
include a six -week program bringing students in urban design, architecture,
community development and so forth to Vail. There also exists the pos-
sibility of the University constructing a physical facility and of employing
a full-time director at Vail. He stressed that it was important that the
University not be working on its own, but instead be open to the active
participation of the local citizens. The benefits to the Town could be those
of a second industry and also of extra planning services, etc. However,
it is important to remember that there are no committments or decisions
made as yet.
The Town Manager next reported on the possibility of attaining planning
services to come up with a total design review package, a policy for growth
and land development. Moreover, Mr. Minger stressed the necessity for
compiling a philosophical document that would allow us to initiate actions
rather than just react to events. Other places are too big to do this but
Vail could still do it successfully. We have our own people who can make
large contributions to this; but we also need some expertise from outside
planning firms. He added that this document needs to be done soon and
although it would have no legal validity, it would have an impact on devel-
opers. The Mayor reacted to this by saying it tied in with a proposed
Vail Associates economic study of the impact of Vail on the county and
state. The Mayor then suggested Mr. Minger pursue this idea and bring
in some names and ideas of what services are available at a later meeting.
Mr. Minger then reported on the progress of the library. Despite some
problems in furniture arrival and personnel, Mr. Minger felt that the
library should be operational within the next month. He also noted that
1,500 to 2,000 books have been donated thus far.
Mr. Donovan inquired into the status of the electrical study. The Town
Manager reported that the members of the study group would like to make
a proposal before the board. Mr. Donovan suggested this be put on the
agenda for a later meeting.
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As there was no further business, the meeting was adjourned at 9:00 p.m.
THE BOARD THEN CONVENED AS THE LOCAL LIQUOR LICENSING
AUTHORITY.
Mr. Robinson, the Town Attorney, reported that the District Court has
ordered the Authority to issue a license to Nottingham -Rumford Enter-
prises. The condition should be put into the approval that the premises
be completed in accordance with the architectural design. The Mayor
inquired what action this required. The Town Attorney stated that some-
one needed to make a motion that ws'sign this decision. Dr. Steinberg
made the motion and it was unartimously approved.
As there was no further business, the meeting was adjourned at 9:35 p. m.
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