HomeMy WebLinkAbout1973-11-06 Town Council MinutesMINUTES
REGULAR MEETING
TOWN COUNCIL OF THE TOWN OF VAIL
NOVEMBER 6, [973
A regular meeting of the Town Council of the Town of Vail was convened
at 7:40 p.m., November 6, 1973, in the Council Room of the Vail Municipal
Building.
Mayor John Dobson and the following councilmen were present:
Richard Bailey
John Donovan
Joseph Langmaid
Josef Staufer
Tom Steinberg
Gerry White
Also present were:
Terrell J. Minger, Town Manager
Larry Robinson, Town Attorney
The Mayor opened the meeting with a statement of thanks to the Council
members and the staff as this was the last meeting of the current administration.
Discussion of the Cable TV situation began with an explanation of the situation
by Mr. Robinson. As the franchisee is filing a complaint in the District Court
in order to determine the status of the franchise, the matter will not be re-
solved for a few months. During this time, the cable company has agreed to
provide service. Mr. Elias asked that the major differences between the town
and the company be outlined. He asked, for example, the status of public
access TV. Mr. Lamont clarified that what was asked for in the negotiation
document was a studio located in Town at some unspecified point in the future.
Mayor Dobson added that they do not object to providing a channel for a
closed-circuit local programming system; the company's questions related
to who would bear the cost. Of greater importance, however, is the fact that
the court judgment regarding the legality of termination of the franchise must
be rendered before the exact status of any particular points can be Finally
determined. The Mayor emphasized that efforts will be made to solve what-
ever problems exist while the matter is in court. Mrs. Gramshammer suggested
that many people would rather, be without television for a while if they could be
guaranteed good service when television is available. Mr. Elias was critical
of the fact that arrangements had not been made for another company to provide
service if the present company refused to continue. He also suggested that it
was unfair for the subscribers outside of the Town boundaries to have their
service discontinued as a result of the actions of the Town officials. The,
Mayor noted that the cable company had indicated that they could not terminate
service only within the Town limits. Mr. Elias inquired if arbitration would
proceed with the present company. Mayor Dobson noted that it would. There
was some further discussion of what actions could have been taken short of
discontinuation of service. A member, of the audience inquired if a community,
antenna had been considered. Mayor Dobson replied that a translator operation
was a possibility. However, in the long -run this would not be desirable as
locally originated programming would not be possible. In response to the
question of whether this would be less expensive, the Mayor noted that the
Eagle translator is rather old and might require some capita[: investment
41 in the future, There would also be an original capital investment required
to begin the operation in Vail. This system would depend on voluntary con-
tributions for its support.
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Minutes
Regular Meeting
Town Council
November 6, 1973
A member of the audience asked a representative of the cable company,
Mr, Schoen, if his company was desirous of remaining in Vail. Mr.
Schoen declined to comment, saying that a decision on the matter would be
a time-consuming process. In response to a question, the Mayor noted
that one point of contention had been whether bulk rates for lodges should, be
applied to some condominiums. A member of the audience noted"that as
he does not have a picture for a significant amount of the time, he thinks
perhaps he should pay only portion of his bill. Mr; Robinson noted that
such .a course could be attempted; however, such an approach ignores the
causes of outages. He suggested that this approach was valid in cases of
failure of the system for a week or more. Councilman White added that a
committee would be formed to monitor picture quality, which should prove
helpful in substantiating such claims.
Mr. Riley asked if some of the difficulties were economic ones. Mr. Schoen
replied that such problems are a major part of their difficulties. A member
of the audience stated that this same company accepted a franchise in another
city with a rate of $5.00 per month only last year. After some further dis-
cussion, Mr. Minger noted that the major points of negotiation were picture
quality, undergrounding, the extension policy in the Town, rates, service
response, and additional services. Many companies had indicated interest in
the Town, but would not begin discussions while there was a Franchise in
existence with another company. There was some discussion of the difficulties
of continuing negotiations while at the same time fighting a court battle over
whether termination is possible. Mayor Dobson suggested that it was essential
to determine the questions of whether termination is possible, irregardiess
of the outcome of the negotiations.
A member of the audience inquired if FM radio was included in the negotiations.
Mr. Schoen indicated that it had been a solid point of negotiation. Mr. Strauch
suggested that each individual TV subscriber cease to do business with this
company. At this point, discussion of Cable TV ended for the evening.
Ordinance No. l9, AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON
BEHALF OF THE TOWN OF VAIL, COLORADO,.AND UPON THE CREDIT
THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN IN
THE PRINCIPAL AMOUNT OF $3,000,000 FOR THE PURPOSE OF PAYING,
IN WHOLE OR IN PART, THE COST" OF ACQUIRING APPROXIMATELY
39ACRES OF REALESTATE, THE COST OF ACQUIRING NECESSARY
EASEMENTS AND WATER AND SEWER LINES TO AND FROM SAID REAL
ESTATE, AND THE COST OF LANDSCAPING THE SAME; PRESCRIBING
THE FORM OF SAID BONDS; AND PROVIDING FOR THE LEVY OF TAXES
AND FOR THE APPLICATION OF SALES T.AX;REVENUES OF THE TOWN OF
VAIL TO PAY SAID BONDS AND THE INTEREST THEREON, was introduced
for second reading. The title was read in full by the Mayor and the audience
advised that copies were available. The Board was polled as to whether they
had read and understood the ordinance; each indicated that he had. Councilman
Staufer moved that Ordinance No. €9 be adopted; Councilman Donovan seconded;
Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg,White and Dobson
voted in favor; there were no votes against; the motion carried and the ordinance
was adopted.
Ordinance No. 21, AN ORDINANCE ESTABLISHING AND PROVIDING FOR
THE COMPENSATION FOR THE TOWN COUNCIL FOR THE TOWN OF VAIL
AND THE MAYOR FOR THE TOWN OF VAIL, AND SETTING FORTH MATTERS
AND DETAILS IN RELATION THERETO, was introduced for second reading.
The title was read in full by the Mayor and the audience advised that copies
were available. The Council was polled as to whether they had read and underW
stood the ordinance; each indicated that he had. Councilman Bailey moved
that Ordinance No. 21 be adopted; Councilman Donovan seconded; Councilmen
Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in
favor; there were no votes against; the motion carried and the ordinance adopted.
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Minutes
Regular Meeting
Town Council
November 6, 1973
Ordinance No. 22, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE
EXPENDITURES OF FUNDS BY THE TOWN OF VAI L IN EXCESS OF THE
TOWN BUDGET FOR 1973, AND SETTING FORTH MATTERS AND DETAILS
IN RELATION THERETO, was introduced for first reading by Councilman
Langmaid. The title was read in full by the Mayor and the audience advised
that copies were available. Mr. Minger explained that such ordinances are
needed when revenues have been received and expenses incurred that were not
foreseen when the budget was adopted. Councilman Langmaid moved that
Ordinance No. 22 be approved on First reading; Councilman Staufer seconded;
Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg, White and
Dobson voted in Favor; there were no votes against; the motion carried and
the Town Clerk was instructed to publish the ordinance for public hearing
at the next regular meeting.
Ordinance No. 23, AN ORDINANCE AUTHORIZING MUNICIPAL BORROWING
OF MONEY IN AN AMOUNT NOT TO EXCEED $115,000.00 TO APPLY TO THE
PURCHASE OF REAL ESTATE IN ANTICIPATION OF THE SALE OF GENERAL
OBLIGATION BONDS, AS AUTHORIZED BY THE QUALIFIED ELECTORS IN
A SPECIAL MUNICIPAL ELECTION; AUTHORIZING THE MAYOR AND TOWN
MANAGER TO EXECUTE SHORT TERM NOTES TO EVIDENCE SUCH IN
DEBTEDNESS FOR MUNICIPAL.PURPOSES;PROVIDING FOR IRREPEAL-
ABILITY AND THE LEVYING OF A TAX, IF NECESSARY, TO ASSURE THE
REPAYMENT OF THE BORROWING HEREIN AUTHORIZED; DECLARING AN
EMERGENCY AND PROVIDING FOR THE ADOPTION OF THIS ORDINANCE
AS AN EMERGENCY ORDINANCE, AND SETTING FORTH MATTERS AND
DETAILS IN RELATION THERETO, was introduced by Councilman White.
The title was read in full by the Mayor and the audience advised that copies
were available. Mr. Robinson explained that the borrowing authorized was
in anticipation of the sale of the bonds for the Antholz property. These bonds
would be sold on November 15. Councilman White moved that Ordinance No. 23
be adopted as an emergency, ordinance; Councilman Steinberg seconded;
Councilmen Bailey, Donovan., Langmaid, Staufer, Steinberg, White and Dobson
voted in favor; there were no votes against; the motion carried and the ordinance
was adopted. The Town Clerk was instructed to publish same.
Ordinance No. 24, A SUPPLEMENTAL ORDINANCE AUTHORIZING THE
EXPENDITURES OF FUNDS BY THE TOWN OF VAI L IN EXCESS OF THE
TOWN BUDGET FOR 1973; AND SETTING FORTH MATTERS AND DETAILS
IN RELATION THERETO, was introduced by Councilman Staufer. The title
was read in full by the Mayor and the audience advised that copies were
available. Mr. Minger explained that this ordinance appropriates 3.2 million
dollars for the acquisition of the Antholz property. Councilman Staufer moved
that Ordinance No. 24 be approved on first reading and published for public
hearing at the next regular meeting; Councilman Donovan seconded; Councilmen
Bailey, Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in
favor, there were no votes against; the motion carried and the Town Clerk was
instructed to publish same for public hearing.
Resolution No. 34, which authorized municipal borrowing of $3,000,000 from
the First National Bank of Denver was introduced. Mr. Robinson explained
that the amount was also to be applied to the purchase of the Antholz property
in anticipation of the sate of the bonds. Councilman Donovan moved that
Resolution No. 34 be adopted; Councilman Staufer seconded; Councilmen Bailey,
Donovan, Langmaid, Staufer, Steinberg, White and Dobson voted in favor;
there were no votes against; the motion carried and the resolution was adopted.
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I -I
Minutes
Regular Meeting
Town Council
November B, 1973
In regard to a parking variance requested by Lions Square Lodge, Mr. Klug
asked that this matter be postponed. In regard to the forthcoming Council
election, Mr. Robinson explained some of the. requirements for candidacy.
He noted that there 'also might be one ',instance in which a difficulty
would arise in regard to the conflict of interest provision in the Home Rule
Charter. In response to a question from the audience, it was noted that the
person with the possible conflict is Mr. Lapin. Mr. Lapin indicated that he
thinks he has a way to handle the possible conflict. The, minutes of the meetings
of October 2 and October 16, 1973, had been previous ly submitted to the
Council. Councilman Staufer moved they be approved; Councilman Steinberg
seconded; approval was unanimous. Councilman Staufer suggested that, in
the future, the matter of compensation for members of appointed boards
should be considered.
As there was no further business, Councilman Donovan moved the Town
Council adjourn at 9:35 p.m.; Councilman Staufer seconded; approval was
unanimous.
The Local Liquor Licensing Authority was convened at 9:35 p. m.
Prior to the consideration of the application of Daniel E. O'Brien for a 3.2%
Malt Beverage License, Mr. Staufer excused himself from the meeting.
Mr. Robinson noted that the application had been originally published for
hearing on October LB; at that time the hearing was continued until this meeting
as a result of the absence of the applicant. The file supporting the application
is in order. Mr. Robinson further noted that the burden of proof of the needs
of the neighborhood is on the applicant and that people were present to oppose
the application. The Town Clerk noted that no petitions had been received
either for or against the application. Mr. O'Brien noted that he was proposing
a 3.2 beer take-out license, to be used in conjunction with a convenience -type
grocery operation. Mr. Ruder, Mr. O'Brien and Mr. Buxman were sworn in
by the Town Attorney. Mr. O'Brien testified that his intent was to expand the
type of operation he currently has in Breckenridge. He indicated he would
open the grocery store with or without a liquor license. Mr. O'Brien was of
the opinion that another 3.2/ beer outlet would be needed as a result of the
growth of Vail and the fact that there are only 2 other outlets. His store would
be open from 7:00 a. m. to 11:00 p. m. , 7 days a week. They have completed
all Town of Vail requirements except the sign requirements.
Mr. Fred Butler, representing a member of the opposition, asked Mr. O'Brien
if he would like to continue the hearing to a later time. Mr. O'Brien did not
think this necessary. Mr. Butler then continued to cross-examine Mr. O'Brien
as to the reasons he feels the outlet is needed. Mrs. O'Brien, who was sworn
in, testified that Breckenridge and Vail could be compared in that they were both
resort towns and they have been successful in their operation in Breckenridge.
She also felt the hours at which they would be open contributed to establishing
the need for the operation.
Mr. Ruder testified that, as owner of the Keg, it was his opinion that the needs
of the neighborhood are being met at this time. As a rebuttal, Mr. O'Brien
suggested that Mr. Ruder has a pecuniary interest in the denial of the license.
Mrs. O'Brien stated that Mr. Ruder could not be serving the needs of the
neighborhood as his establishment caters mainly to the 18 to 21 year old age
group.
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Minutes
Regular Meeting
Town Council
November 6, 1973
Mr. Buxman testified that, as general manager of K & J Supermarkets, Inc. ,
he felt the neighborhood was the Town of Vail and the Gore Valley. In :that
neighborhood there are currently four (4) 3.2/o beer take-out licenses. The
proposed license would be located within a block of his supermarket. He
reported that they had not received any complaints that they did not serve the
needs of the neighborhood. He presented some petitions he had circulated
around the Crossroads area opposing the granting of the license. He considered
it a random sample. The signers read the petition before signing. Jake Vigil
helped in the circulating.
There were over 50 signatures on this petition. Mr. Buxman testified that
his store is open from 8:00 a. m. to 9:00 p.m.' On holidays these hours are
extended to 7:00 a.m. to 12 midnight. After some further discussion, Mr.
Dobson noted that the Authority would render its decision in writing within
30 days and that the applicant would be notified by registered letter.
Next to be considered by the Local Liquor Licensing Authority was an
application from "Total Team Joint Venture" for a beer, wine and liquor
license for the Hilton Inn at Vail. Mr. Robinson noted that the premises
would include the entire hotel. The file was in order. No petitions had
been received for or against the application. Mr. Harry Boner, of the
joint venture, stated that he would be the manager of the facility. He
suggested that a liquor license was essential to the operation of a first-class
hotel. At this point, Mr. Boner and Mr. Richard Elias were sworn in as
witnesses. Mr. Donovan suggested that perhaps Mr. Boner would like to
supplement his application with further evidence of the needs of the neighbor-
hood. Mr. McLaughlin added that a denial of the license would be very
significant. In that case, the venture could not reapply for two years. Mr.
Robinson added, however, that the supplementation of the application was at
the discretion of the applicant. After some further discussion, Mr. Elias
suggested that it would be beneficial if the procedures of the Authority were,
in general, streamlined. Further, he suggested that it had always been known
that a liquor license would be applied for at that location. After some further
discussion, Mr. Boner asked'for a oohtinuance of the hearing. The Authority
continued the hearing to Wednesday, November 14, at 2:00 p.m.
The Blue Cow, Donovan's Copper Bar, Gasthof Gramshammer, Inc., Lancelot,
Inc., Lord Gore Ltd., Vail Village Inn, Inc., Bully II1, Lionshead Liquor
Store, the Wine and Liquor Shop and the Liquor Store at Vai l had all made
application for a renewal of their liquor license. Mr. Wall, the. Police Chief,
indicated that his department had received good cooperation from each of the
license holders in policing against violations. As there was no further dis-
cussion, Mr. Steinberg moved that the licenses be approved for each of the
above -listed applicants; Mr. Bailey seconded; Mr. Donovan and Mr. Staufer
abstained; Mr. Bailey, Langmaid, Steinberg, White and Dobson voted in
favor; the renewals were approved.
As there was no further business, the Local Liquor Licensing Authority
adjourned at 11:00 p.m.
Linda Hall
Town Clerk
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