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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. Cri 0 6 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. Page 2 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. Page 3 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. Page 4 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 rj Page 5