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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 J. 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 -2- 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 0 0