HomeMy WebLinkAbout1973-04-17 Town Council MinutesMINUTES
REGULAR MEETING
TOWN COUNCIL OF THE TOWN OF VAIL
APRI L 17, 1973
A regular meeting of the Town Council of the Town of Vail was convened at
7:40 p.m., April 17, 1973, in the Council Room of the Vail Municipal Building.
Mayor John A. Dobson and the following Councilmen were present:_
Richard Bailey
John Donovan
Joseph Langmaid
Josef Staufer
Tom Steinberg
Gerry White
A lso present were:
Terry Minger, Town Manager
Larry Robinson, Town Attorney
Kent Rose, Town Engineer
Gob Manzanares, Administrative Assistant
The meeting was first convened with the members of the Town Council acting
as the Local Liquor Licensing Authority.
Holly. Vail, Inca had submitted a request to expand their licensed premises.to
the west patio. This area was not included in the original application. After.
some discussion, Councilman Donovan.,moved the extension west of the premises
by Holly Vail be approved; Councilman Bailey seconded; approval was unanimous.
The Local Liquor Licensing Authority was adjourned at 7:45 p.m. and the Town
Council convened .
Ordinance No. 7 (Series of 1973), AN ORDINANCE OF THE TOWN OF VAIL,
ADOPTING AND ENACTING BY REFERLNCE A CODIFICATION OF EXISTING
ORDINANCES OF THE TOWN OF A GENERA L AND PERMANENT NATURE
ENTITLED THE OFFICIAL CODE OF THE TOWN OF VAIL . . . . . . was
introduced for second reading. The title was read in full by the Mayor and the
audience advised that copies were available. Mr. Robinson noted that there
were no changes from the first reading. The Council was polled as to whether
they had read and understood the ordinance; each member indicated that he had.
Councilman Steinberg moved that Ordinance No. 7 be adopted; Councilman
Bailey seconded; Councilmen Bailey, Donovan, Langmaid, Staufer, Steinberg,
White and Dobson voted in favor; the motion carried and Ordinance No. 7 was
adopted.
Mr. Minger reported that Livingston and Blaney have submitted a portion of a
draft of the new zoning ordinance. It is hoped that the final document will be
available in June.. Mayor Dobson requested that interested individuals please
read the document and give the Town their, comments.
A draft of the trash agreement had been prepared, to be used if the Council
desired to grant such a franchise. Councilman 'Staufsr noted that he thought
there should be other ways by which the company could affect the savings they
desire. He was also concerned that the controls gained were not necessarily
substantial and that they would only be effective within the city limits. That it
was proved by the same people at their original P. U.C. hearing that competi-
tion is necessary in Vail was additionally noted by Councilman Staufer. The
relationship to other franchises, such as Holy Cross, was also discussed.
Councilman Steinberg stated that he has an interest in the matter as he owns
trash containers which are leased to the company. However, he did not feel
his interest would be affected by the decision on the franchise. He was of the
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opinion that the P.U.C. control is not well -exercised; hence, it "is necessary
to protect the citizens by a franchise. Mr. Lapin noted that the.rate schedule
included in the draft agreement is the one currently filed with the P.U.C.
However, he stated that they generally charge less than the stated rates; the
maximum rates are charged only in extraordinary situations. Mr. Lapin noted.
that the P.U.C. approval is presumed; the rates. are mailed to them,. and if
they do not respond, it is assumed that they approve. Councilman White -stated
• that the overriding factor as he sees it is that anyone else who might begin such
a service in Vail at this time would probably be a large, out-of-town. company.
He thought it preferable to have localpeople performing the service. Council-
man Langmaid suggested that the benefits to the Town had not yet been delineated;
also, he objected that the rates included in the proposed agreerywnt were not the
ones actually being charged.
Mr. Lapin explained some of his unique financial difficulties. The essence of
his statement was that. if he were not in the securities business, his borrowing
would not be so strictly limited. Mayor.Dobson reiterated that the concern of
the Council is the effect of a franchise on the residents of.the Town and on the
residents of the outlying areas. Mr. Minger explained that, although he was of
the opinion that Mr. Lapin's company is doing a commendable job, he .did not
feel the staff could recomri'iend a franchise. He also suggested that the Town
has a great deal more control, even without a franchise, in this area than it
currently exercises.
Mr. Lapin explained that he would like a three-year agreement, with a review
each year. In regard to the incomplete rate. schedule, he was of the opinion
that a written rate schedule.w.hich .covered every possible circumstance would
be unwieldy. Mr. Lapin had no objection to.saying that the rates would be the
same in East and West Vail as in the Town. Without the franchise, Mr. Lapin
would increase costs to cover the real costs he would incur; however, he did
not know how much this would be per house.. More discussion ensued of whether
or not the P.U.C. permit was in effect a franchise. Councilman Bailey sug-
gested that the staff research more extensive ly whether or not a franchise would
be duplicating P.U.C. actions. Mr. Manzanares was of the opinion that the
Town would have to clear any rate controls in the franchise through the P. U . C.
Mr. Robinson suggested that the P.U.C, would always ignore the rate.schedules
mailed to them until a group of citizens protested. In regard to the rates
included in the p" oposed agreement, he suggested that they be ignored and the
effort to schedule them begin again with an understanding of the rate.of return
accruing to the prospective franchisee. Mr. Lapin disagreed that the P.U.C.
allows only a 6% rate of return; the necessary capital could not be attracted on
that basis, in his opinion.
In the event the Council decided in favor of a franchise, the proposed agreement
. would be incorporated into an ordinance: Mr. Elias made several points in
regard to the agreement: I . that it appeared to be very hurriedly written; 2.
that the financial structure of the business should not be a matter of concern;
3. that compactors should be considered; 4. that any member of the Council
who was involved in a financial venture with Mr. Lapin should abstain from
voting. A final comment from the audience was that using profit as the reference
for the rates is troublesome as a company might not be showing a profit due
not to the deficiency in the rates, but to their own inefficient operation.
The minutes of the meetings of March 5 and March 20 had been previously
submitted to the Council. Councilman Donovan moved they be approved; Council-
man White seconded; approval was unanimous.
Mayor Dobson noted that it`agpeared likely there would be no Council meetings
held in May due to the lack of a quorum. 'Mr. Minger reported that the Institute
of Arctic and Alpine Research, would be doing a study.of the entire valley. This
project is funded by -VA
.SA; however, they will not pay .Lodging. The cost to the
Town for lodging would be $750, if the Council chose to provide this. Councilman
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Donovan moved the Town pay the lodging costs for this group; Councilman White
seconded, approval was unanimous. As a _point of information, Mr. Robinson
noted that it would be fiscally responsible, although not regCdi ,ed,.for the Council,
to approve the voucher lists. In regard to the Holy Cross Franchise request,
Mr. Manger noted that since Mr. Gamblin left tale company, the Town has not
been approached on the matter. There, was general agreement that discussions
should be pursued on this matter. A further point noted was that the VRA will.
approach the Council after their First meeting in May regarding the promised
donation to that organization. Finally, an up -dated series of sketches of the
proposed transportation center/parking structure complex are available in the
Town office.
As there was no further business, Councilman Donovan moved the meeting
adjourn at 9:00 p.m., Councilman Langmaid seconded; approval was unanimous.
Town Clerk
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