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Home My WebLink About1992-01-21 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING JANUARY 21, 1992 10 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 21, 1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Rob LeVlne Jim Gibson MEMBERS ABSENT: Bob Buckley Jim Shearer Tom Steinberg TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was TOV Ten Year Employee Recognition presentations for Mike Vaughan and Martha Raecker. Ron Phillips introduced Mike Vaughan, Fire Department Fire Technician, and presented him with his ten year service award. Mike was thanked for his years of dedicated service to the Town of Vail, and congratulated by Dick Duran. Martha Raecker, Community Relations, was unable to attend the presentation, and would be recognized on February 4, 1992. The second item on the agenda was Citizen Participation, of which there was none. Third on the agenda was Ordinance No. 22, Series of 1991, second reading, an ordinance amending the investment policy of the Town of Vail. Mayor Osterfoss read the title in full. Steve Thompson said first reading was on July 16, 1991, and second reading had been overlooked. He noted the ordinance required annual review, and any changes since first reading were in form, not in substance. Jim Gibson moved to approve Ordinance No. 22 on second reading, with a second from Mery Lapin. A vote was taken and the motion passed unanimously, 4-0. Item No. 4 on the agenda was Resolution No. 24, Series of 1991, a resolution approving wetland mitigation sites in the Town of Vail for the Black Lakes Reservoir Expansion Project, with certain conditions. Mayor Osterfoss read the title in full. Andy Knudtsen reviewed the Community Development Department's memo to Town Council dated January 7, 1992, and briefly described the project and the resolution, highlighting information outlined in a letter from Bob Weaver, the wetland consultant for the Vail Valley Consolidated Water District (VVCWD), dated November 15, 1991, regarding responsibilities the Town would assume by passing this resolution. Additional background information was available in an earlier Community Development Department memo to the Planning and Environmental Commission dated October 14, 1991. Andy noted the resolution included a condition of approval that required the Federal Emergency Management Agency (FEMA) to review and approve any changesto the flood plain which might be caused by this project. Jim Gibson suggested Todd Oppenheimer make arrangements needed to revitalize the area, and asked if the Rotary could be considered for assistance. Kristan Pritz felt due to the technical nature of the project, the advice of consultants was needed. After brief discussion, Mery Lapin moved to approve Resolution No. 24, with a second from Rob LeVlne. A vote was taken and the motion passed unanimously, 4-0. Item No. 5 on the agenda was a hearing to consider the removal of the Booth Creek Local Improvement District from the Rockfall Hazard Map. Larry Eskwith advised the engineer and geologist were not present, and felt the item needed to be continued if they did not arrive. He explained the ordinance for this issue stated anyone interested in having the hazard map amended could bring in their own experts to report on reasons why the area was safe. The item was continued to February 4, 1992. Item No. 6 on the agenda was a discussion of Heritage Cablevision rate increases. Stan McKinzie spoke at some length about Heritage's desire to work with the Town, explaining they were a non-exclusive franchise operator, and they wanted to better understand the Town's cable needs. He spoke about increased programming costs experienced by Heritage over the last four years, and annual losses shown by TCI, but noted according to FCC regulations, Heritage was only able to increase rates 5% per year unless approved otherwise by Council. He said plans were being 40 411 reviewed for bringing in fiber optics and other upgrades to their system. After discussion about service rates in Vail as opposed to other areas, the level of service in East Vail, and general maintenance and equipment conditions, Jim Gibson expressed concern about the monopoly Heritage holds in Vail. Stan said Heritage was trying to keep costs down, and they welcomed competition. Stan was asked about an excluslve deal Heritage had made with Marriott's Mark Resort, and he explained that that deal was made in terms of hoteis/groups, not individuals/residences. He said over eight units were required in order to receive a bulk rate. Jim Gibson asked Stan about a call -in complain -about - cable -TV 800 number he had seen advertised on Channel 4. Stan said that advertisement was backed by networks in support of Bill 512 now under legislation in Congress that would have Heritage and other cable operators having to pay additional fees to networks. Peggy Osterfoss said this franchise renewal discussion would continue over a period of time, and asked Stan to establish credibility about increased programming costs by producing an audited statement for Council review. He agreed to supply audited financial statements to Council, but added the statements would be TCI statements based on statewide figures. Jim Gibson asked for an operating expense report based on Vail figures, but Stan said as of this year, Heritage was fully owned and operated by TO, they purchased programming on a national level and Heritage received its programming via satellite. Mery Lapin asked how competitive the marketing in Vail could be if the only competitor was TCI, Heritage's own majority owner. Stan only restated it was Heritage's desire to improve its relationship with Vail. Peggy thanked Stan for this educational opportunity and added discussion would be continued. Rem No. 7 on the agenda was appointment of two Design Review Board members. Ballots having been reviewed, Rob Levine moved to re -appoint George Lamb and Pat Herrington to the vacant two year terms on the Design Review Board, with a second from Mery Lapin. A vote was taken and the motion passed unanimously, 4-0. There not having been a quorum at the afternoon's work session, Rob LeVine moved to continue work session agenda Item No, 5, a discussion re: Pitkin Creek Bond Refinancing, with a second from Mery Lapin. A vote was taken and the motion passed unanimously, 4-0. Steve Barwick asked Council to review his memorandum to Council dated January 17, 1992. The memo outlined details of the failure by Kirkpatrick, Pettis to refinance the 1979 Pitkin Creek Bonds, and why the Town sent the item out for bid again. Four proposals were received, and the capabilities/advantages/disadvantages of three of the four responding firms were summarized. After discussion about the three firms recommended by Steve, George K. Baum & Company (Kirchner Moore), Coughlin and Company, Inc., and Kirkpatrick, Pettis, Pollan, Smith/First Interstate Bank, Mery Lapin moved to approve Kirchner Moore conditional upon renegotiation with Kirkpatrick, Pettis, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 4-0. Before adjournment, a special public Council meeting to continue discussion about the East Vail Undergrounding issue was scheduled for Friday, January 24, 1992, at 8:00 a.m. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:55 p.m. ATTEST: �� L�CI�I •Ct�i�L�.f�GL�� Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto CONSJAN.21 Respectfully submitted, lta� �. Marg et A. Osterfoss, Mayor