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Home My WebLink About1994-12-06 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING December 6, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 6, 1994,` in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Paul Johnston Sybill Navas Jim Shearer Tom Steinberg Jan Strauch TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk' } The first item on the agenda was Citizen Participation of which there was none. Second on the agenda was a Consent Agenda which contained the following items: A. Approval of the Minutes for the meetings of November 1 and November 15, 1994. B. Ordinance No. 24, Series of 1994, second reading of an Amendment to Section 3.40.020, Adding the Definition For "Telecommunications Service." C. Ordinance No. 27, Series of 1994, second reading of an Ordinance Adopting a New Town of Vail Police and Fire Employees' Pension Plan Subject to Approval by Sixty -Five Percent (65%) of the Town's Police and Firemen; and Setting Forth Details in Regard Thereto. D. Ordinance No. 28, Series of 1994, second reading of an Ordinance Adopting a New Town of Vail Employees' Pension Plan; and Setting Forth Details in Regard Thereto. E. Ordinance No. 29, Series of 1994, second reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Police and Fire Employees' Pension Plan and Setting Forth Details in Regard Thereto. F. Ordinance No. 30, Series of 1994, second reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Employees' Pension Plan and Setting Forth Details in Regard Thereto. G. Ordinance No. 31, Series of 1994, second reading of an Ordinance Making Supplemental Appropriations From the Town of Vail General Fund, Capital Projects Fund, The Real Estate Transfer Tax Fund, Parking Structure Fund, Heavy Equipment Fund, Booth Creek Debt Service Fund, and The Vail Housing Fund, of the 1994 Budget and the Figncial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. H. Ordinance No. 32, Series of 1994, an Ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.040; providing for the issuance of bed and breakfast permits for the service of complimentary alcohol under certain circumstances; and amending Chapter 2.20, Local Licensing Authority, to add an application fee for bed and breakfast permits; to revise the fee charged to transfer a license; and setting forth details in regard thereto. Mayor Osterfoss read the titles in full. Mery Lapin moved to approve the consent agenda with a second from Paul Johnston. A vote was taken and passed unanimously, 7-0. Vail Taws Cov A Evening Meeting Minubec 12M44 Item No. 3 was Resolution No. 24, Series of 1994, a Resolution adopting a lease policy. Mery Lapin moved to approve the resolution with a second by Tom Steinberg. A vote was taken and passed unanimously, 7-0. Item No. 4 was Resolution No. 25, Series of 1994, a Resolution approving Pamela A. Brandmeyer as new signer on TOV accounts. Tom Steinberg moved to approve the resolution with a second from Mery Lapin and the motion passed unanimously, 7-0. Item No. 5 was Resolution No. 26, Series of 1994, a Resolution approving the Town of Vail Personnel Rules and Regulations. Tom Moorhead explained changes had occurred since January, 1990 and that new Rules and Regulations needed to be adopted. Mery Lapin moved to approve Resolution 26 with a second by Tom Steinberg. A vote was then taken and passed unanimously, 7-0. Item No. 6 was Ordinance No. 26, Series of 1994, second reading of an Ordinance Granting a Cable Television Franchise to Cablevision VI, Inc., d/b/a TCI Cablevision of the Rockies, Inc., to Construct, Reconstruct, Operate, and Maintain a Cable Communications System Within The Town of Vail Pursuant to and Subject to the Provisions of Ordinance No. 25, Series of 1994. Tom Moorhead explained that Ordinance 25, adopting the franchise agreement, was contained in Ordinance 26. Stan McKinzie from TCI was present to answer questions. Tom reviewed several issues which were raised at the last work session and evening meeting pertaining to: 1) Council's request to have all five Town buildings connected with fiber optic cable. Stan McKinzie stated TCI was not able to go beyond the three promised. 2) Tom pointed out additions and changes to the final draft of the agreement since last reading, as well as one change in Ordinance 25. At that time Mayor Osterfoss opened discussion up to the public. A letter was received via facsimile from resident Linda Fried opposing the 15 year franchise, and was distributed to Councilmembers prior to the meeting. East Vail resident Sue Mason expressed her concerns and presented Council with a petition which contained 97 signatures in opposition to the franchise. Tom Moorhead reminded Council and members of the public that the agreement with TCI was non-exclusive, and did not exclude other cable companies from operating in Vail. Stan McKinzie addressed concerns of Sue Mason and reviewed the repair section of the contract. Stan also stated TCI would welcome any competition. Vail resident Ed Drager stated 15 years was too long and suggested Council approve a three year contract. Tom Moorhead clarified the contract required compliance within certain time limits. Jan Strauch recommended approval of the TCI franchise for the 15 year term and stated he felt the best way to take care of the complaints and improve service would be to approve the franchise. Jan moved to approve the ordinance with a second from Sybill Navas. Jim Shearer inquired about consulting costs of $20,000 - $25,000 and his understanding that the Town would be reimbursed for these fees by TCI. Tom Moorhead said the contract would not be executed until those costs were negotiated. Jan amended his motion to include reimbursement to the Town of Vail of consulting fees up to $25,000. Peggy requested a responsible party be named who would make sure TCI complied with the agreement. Bob McLaurin stated he would make certain the contract was complied with. A vote was then taken and passed unanimously, 7-0. Item No. 7 was a request to extend Channel 5's contract. Channel 5 Board President, Brian Hall referenced a packet of information which had been distributed to Councilmembers. Issues that were discussed included: naming a representative from the Town of Vail; sources of funding contributions; franchise fees in non -incorporated areas; public use access; and stock ownership. Jan suggested extending the Channel 5 contract for six months to allow time for the station to prepare a strategic plan for shared funding of the station by other users. Mery also requested that a current balance sheet be submitted. Tom Steinberg asked for a copy of the current year capital budget. Mery moved to extend the contract for a period of six months, with a second from Jim Shearer. Sybill reiterated the importance of having a Town of Vail representative on the Board, and Jim Shearer suggested Suzanne Silverthorne be the delegate. Jan requested Channel 5 submit the following information and documents to Council: 1) Procedure on electing Board of Directors; 2) Financial Statements; Wil Town Council Evening Meeting Minutes 12!OG/94 3) Tax Returns; 4) Bylaws; 5) Articles of Incorporation; b) Plan to increase funding from unincorporated areas; and 7) Long range plan describing how Channel 5 intends to proceed with programming. Paul called the question and a vote was taken which passed unanimously, 7-0. Item No. 8 was the reconsideration of Ordinance No. 15, Series of 1994, an ordinance restricting the sale or possession of assault weapons. Tom Moorhead gave a brief summary of discussions at first and second reading of the ordinance and Holly McCutcheon reviewed the referendum process which was taken. Mayor Osterfoss requested comments be limited to three minutes per person. Those who gave public comment opposing the ordinance included Vail residents Sandy Smith and Scotty McGil. Sybill moved not to repeal the ordinance, with a second from Paul. Councilmembers voiced their feeling the ordinance should be voted on by the electorate. A vote was then taken and approved unanimously, 7-0. Tom Moorhead updated Council of the closing of the town -owned employee housing unit located at 770 Potato Patch, and requested direction from Council as to how to proceed with the rental of the unit. Council directed the unit should be rented to an individual who works in Vail and meets the employee housing criteria. Council further suggested the rental term run until October 31, 1995, and that the rental rate be consistent with the HUD guidelines. There being no further business, a motion was made, seconded and passed, and the meeting was adjourned at approximately 9:37 P.M. ATTEST: Holly L. Mccufcheon, Town Clerk Minutes taken by 90y L. McCutcheon (`Names of cedaln individuals Ao gave public input ray be inaccurate.) I Respectfully submitted, Aa'� (�' cqii�74— � , Mar �Mayor aret A. Osterfoss g Vail Town Council Evening Meeting Minutes 12JO6194 • 0 • atl5ki ba& oe ¢a paRA& c 0 17• (e . 9q wk) ,�� was j � P.02 I V&a G ist , c.. L—< ors io crn TO L . GU-"-ol .tom A L no ac�k uw� bet,, � )at) a —T--C A 0 P. 03 PETITION }�/ilJtI'" � TO: The Town of Vail 'o RE: Franchise contract with TCI The undersigned residents of East Vail feel that TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere... which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Ch. 38) and never succeed, probably because the originating signal needs amplification, not :the efi dpo ints . TCI is'not performing at a level that engenders our trust. They should indicate a desire and willingness to improve, and offer guarantees regarding future service if they are to gain this lucrative franchise. NAME ADDRESS S034 Wwf) Gore. Or v ftg V'jQsS 5-087 G3CACK CsesriC 5s 5-087 93L4,ek 6cmC Ch- Mil- 0 0 LI PETITION T0: The Town of Vail RE: Franchise contract with TCI The undersigned residents of Towft Vail Feel that TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere... which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Ch. 38) and never succeed, probably because the originating signal needs amplification, not the endpoints. ' TCI is not performing at a levelthat engenders our trust. They should indicate a desire and willingness to improve, and offer guarantees regarding'future service if they are to gain this lucrative franchise. NAME ADDRESS jvw�sI— lip K.o✓vits 1 C<<3 rh,t'�n,'k\a-, Ci✓c 1( 9 .a) l A J�1-1) d 1�5� l �o� 1l� 1�i�U ��U�• l 7 51 0_1 W A C VC -le � r ors A�' / 1 " . �-nce, A4el�n�� /1- - f i �4 Cie /_;ru C �a✓ 1 PETITION TO: The Town of Vail RE: Franchise contract with TCI The undersigned residents of East Vail feel that TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere...which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Ch. 38) and never succeed, probably because the originating signal needs amplification, not the endpoints. TCI is not performing at a level that engenders our trust. They should indicate a desire and willingness to improve, and offer guarantees regarding future service if they are to gain this lucrative franchise. NAME ADDRESS 5 1a�kzW Usk s� V7 /Oell � � 1 507 6/P that, VAY �9 T 907 kl�� PETITION T0: The Town of Vail RE: Franchise contract with TCI The undersigned residents of East Vail feel that TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere... which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Ch. 38) and never succeed, probably because the originating signal needs amplification, not the endpoints. TCI is not performing at a level that engenders our trust. They should indicate a desire and willingness to improve, and offer guarantees regarding future service if they are to gain this lucrative franchise. NAME ADDRESS 1 8.— 5010 Ka;,Al v� Jr ! PETITION TO: The Town of Vail RE: Franchise contract with TCI The undersigned residents of Rox4*- Vail feel that TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere... which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Ch. 38) and never succeed, probably because the originating signal needs amplification, not the endpoints. TCI is not performing at a'lev el that engenders our trust. They should indicate a desire and willingness to improve, and offer guarantees regarding future service if they are to gain this lucrative franchise. N ADDRESS c; 3G`� l /too Cd.(4iu6Xffr &*AIE , u-rc � WA VA cv Val- I t_-Is VAII- co WGSI 6DiAI ¢ h F 0 PETITION TOs The Town of Vail RE: Franchise contract with CI The undersigned residents of feel fhat TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere... which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Ch. 38) and never succeed, probably because the originating signal needs amplification, not the endpoints. TCI is not performing At/a level that engenders our trust. They should indicate a desire and willingness to improve, and offer guarantees regarding future service if they are to gain this lucrative franchise. NAME ADDRESS A4°-� tea. , N'i ea 716sg �.IrYY� n- el)O�/ V 6,�i�i1SCM7 h�)_ • 1� PETITION TO: The Town of Vail RE: Franchise contract with TCI J The undersigned residents of feel at 'TCI needs to assure the Town of Vail a better level of service before being granted a long term exclusive franchise. We have experienced numerous and frequent outages, especially lately. Some TCI responses to inquiries regarding outages, poor reception and delayed repairs have been casual and surly, even suggesting that we take our business elsewhere... which, of course, we cannot do. Cables lie for years on the surface of our pro- perties unless we bury them ourselves. Disconnected cables lie there indefinitely. Repairmen are sent to improve re- ception on upper channels (e.g.Oh. 38) and never succeed, probably because the originating signal needs amplification, not the endpoints. TCI is not performing at a level that engenders outtrust. They should indicate a desire and willingness to improve, and offer guarantees regarding future service if they are to gain this lucrative franchise. - NAME ADDRESS t /N a cd 616�ae> 10 X Val �8%�n