The URL can be used to link to this page

Home My WebLink About1989-04-18 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING APRIL 18, 1989 7.30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 18, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Mery Lapin Gail Wahrlich-Lowenthal Tom Steinberg None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a ten year employment anniversary award for Joanne isMattio. Ron gave background information on Joanne and presented her with a Vail pendant. Pat Dodson said a few words regarding the hard work she has done over the years and how much he appreciated her; Mayor Rose also expressed the Council's appreciation. The next item was a discussion with representatives from the Eagle Valley Television Translator Committee. Mike Robinson, representing the Committee, reviewed the background of the last meeting with Council and later Committee Board meetings. He then reviewed amendments to the service plan the Committee had made and asked if Council would consider changing their agreement with the Committee and not require an election of Town of Vail citizens so the district plans could go forward to the District Court as quickly as possible. Eric Affeldt questioned the legality of the drop out clause discussed at the Commissioners public hearing last week, to which Larry Eskwith replied the legality of it was questionable and explained why. Eric asked why the rush, to which Mike Robinson stated the Committee wanted to get it set up so some can receive the signals this year and he had not seen any movement by the Town toward holding an election. Mike Cacioppo agreed, and believed with the two amendments to the service plan the questions of Council had been answered and therefore there was no need for a local election. There was some. discussion on the wording of the motion, if the district would be a non-profit or profit organization, and problems with the exclusion period. Tom Steinberg commented he thought the • Council had decided to wait until the County Commissioners voted, then Vail would set an election date, and expressed concern over how citizens would be notified of the exclusion period and problems with the application process. Mike Robinson agreed that was what the Council had agreed to at the last meeting. Mike Cacioppo said he was very comfortable since Vail would probably hold 50-60% of the vote to let it go to a district election only. John Slevin agreed with Tom's remark regarding exclusion period problems. There was more discussion regarding this problem. Jay Peterson aired his feelings opposing the district formation and the problems he saw with it. Mike Cacioppo responded to Jay's concerns. There was much discussion by Council regarding the legality issues. Lew Meskiman remarked why he was against this district and why he felt most citizens would be against it. Mike Cacioppo responded he was for it because the people would ultimately decide, and then addressed some of Eric's concerns. Mery Lapin noted that starting with today's Work Session, Council would be discussing Heritage's franchise agreement, and Council will try for some leverage with Heritage. Mike Cacioppo asked for an informal vote, to which Eric responded he would vote no and Tom responded he would vote no, only after the County Commissioners had approved the plan. Mike Cacioppo did not pursue the issue, and agreed to continue to let Vail citizens hold a local election after the County Commissioners had voted. There was then discussion on when the election would take place. There was a question if there was a deadline to hold the election; Mike Cacioppo was sure he had included a 60-90 day deadline in •his motion and asked to listen to the tape of the last Evening Meeting. Pam Brandmeyer left the meeting to bring in the tapes. I Council decided to proceed with the following items on the agenda until Pam returned. The next item was the Fritzlen and Pierce appeal of the Planning and Environmental Commission decision to deny a side setback variance request. Mike Mollica asked • Council to please table the item until the applicants could be present as the applicants were not present for an unknown reason. Eric Affeldt made a motion to table the item, which was seconded by Mike Cacioppo. A vote was taken and the motion passed unanimously 7-0. Under Citizen Participation, Lew Meskiman asked if the Village Core closure of 11:00 a.m.-2:00 p.m. could possibly be not effective until mid -May. Mayor Rose replied that staff would look into it. Mery Lapin questioned where staff stood in regards to the point of sale tax. Ron Phillips explained they were waiting for legislation to take place which might affect catalog sales. Eric Affeldt commented the Supreme Court was also supposed to look at the issue sometime this spring. Mery remarked he would like to go ahead and proceed without catalog sales. Council then recessed to listen to the last Evening Meeting's tapes. The meeting then proceeded. The tapes reflected Mike Cacioppo did include a time frame of 60-90 days from that April 4 to hold a local election. Possible dates were then discussed to hold the election. There was then discussion regarding changing the time frame and the problems with it. Council had much discussion on possible •election dates, working with Heritage negotiations, and the County Commissioners' vote. Eric Affeldt made a motion to rescind the motion made by Mike Cacioppo at the April 4, 1989 Evening Meeting regarding the TV translator issue. John Slevin seconded the motion. Larry Eskwith explained that a 2/3 majority vote was necessary to rescind action at a previous meeting without the item on the agenda according to Roberts Rules of Order. Gail Wahrlich-Lowenthal commented she would vote no because she felt they were playing the two ends against the middle. A vote was taken and the motion passed 5-2, with Gail Wahrlich-Lowenthal and Mike Cacioppo opposing. Eric Affeldt then made a motion to inform the County Commissioners that Vail would not file a formal opposition at this time, and Council intends to call a vote of Vail resident voters with a date yet to be determined. Tom Steinberg seconded. Mike Cacioppo thought some people might feel this was a delay tactic. He felt the delay was in the best interest of Heritage, but he would vote for this if a date deadline was set. Tom Steinberg commented he wanted to wait until the County Commissioners were forced to make a decision before Vail holds an election. Mike Cacioppo commented he was against this because it would stop the district tonight, to which Tom reiterated his previous comment. After more discussion by Council, a vote was taken and the motion passed 4-3, with Gail Wahrlich-Lowenthal, Mike Cacioppo, and Mayor Rose opposing. There being no further business, the meeting was adjourned at 9:40 p.m. • Respectfully submitted, ATTEST: �a A 4, � 1 Pamela A. Brandmeyer, Town Clerk Minutes.take6 by Brenda Chesman C, J 7° J �ent R. Rose, Mayor -2-