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HomeMy WebLinkAbout1988-02-02 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 2, 1988 7:30 p.m. AGENDA 1. Ten Year Anniversary Awards to Dick Duran and Jim Spell 2. Approval of Minutes from January 5 and 19, 1988 Meetings 3. Appointments to the Design Review Board, Planning and Environmental Commission and Local Liquor Licensing Authority 4. Report from State Representative Danny Williams 5. Ordinance No. Z, Series of 1988, second reading, an ordinance including all property owned by the Town within Town of Vail, Colorado, West Vail Local Improvement District No. 1, accepting certain improvements constructed and installed in and for the District, determining the total cost thereof, declaring that the cost of the street improvements shall be assessed against the property of the Town and that the. cost of the sanitary sewer improvements shall be assessed against the properties specially benefitted thereby, receiving, accepting and modifying the assessment roll apportioning the cost to be paid by special assessments as among affected properties within the district, assessing the cost as apportioned therein against assessable lots or tracts of land within the district specially benefitted by the improvements, prescribing the method of paying and collecting the assessments, describing the lien securing payment thereof, making necessary findings with respect to the satisfaction of ali conditions and requirements relating to the foregoing, limiting actions challenging the proceedings, and authorizing mailing of notice of redemption of certain Town of Vail, Colorado, West Vail Local Improvement District No. 1 special assessment bonds dated June 1, 1987. 6. Ordinance No. 5, Series of 1988, first reading, an ordinance repealing and reenacting Section 20.04.390 of the Vail Municipal Code "Abutting Property Owners required to Connect to Utilities" to provide that abutting property owners required to connect to utilities may pay for the cost of such utility connection in one sum or by installment payment. 7. Resolution No. 2, Series of 1988, a resolution requesting that members of the Colorado Congressional Delegation cosponsor Bill N.R. 3561 which would benefit small issuers of municipal bonds. CITIZEN PARTICIPATION 8. Town Manager's Report 9. Adjournment UAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 2, 1988 7:30 p.m. EXPANDED AGENDA 7:30 1. Ten Year Anniversary Awards to Dick Duran and Jim Spell 7:35 2. Approval of Minutes from January 5 and 19, 1988 Meetings 7:40 3. Appointments to the Design Review Board, Planning and Environmental Commission and Local Liquor Licensing Authority Action Requested of Council: Appoint one member to the DRB, five members to the PEC and one to the Liquor Authority. Background Rationale: Liquor Authority - Appoint one member to the Board for a two year term. Applicants for this position: Colin Gleason (finishing a 2 year term) and Bill Bishop. PEC - Appoint members for the 5 openings on the Planning Commission due to the resignation of J.J. Collins and the expiration of the terms of Jim Viele, Diana Donovan, Peggy Osterfoss and Pam Hopkins. J.J.'s replacement will finish his term which is for one more year. The other four terms will be for two years. At this time, the applicants for these 5 openings are: Diana Donovan, Pam Hopkins, Peggy Osterfoss, Jim Viele, Elaine Kelton, Henry Pratt and Grant Riva. DRB - Appoint one member for the Board. The applicants for this position are Anne Fitz and Andrew Moe. 7:55 4. Report from State Representative Danny Williams Background Rationale: Representative Williams will discuss legislative issues. 8:25 5. Ordinance No. 2, Series of 1988, second reading, regarding Stan Berryman West Vail assessments Larry Eskwith Charlie Wick Action Requested of Council: Approve/deny Ordinance No. 2, Series of 1988, on second reading. Background Rationale: The ordinance has been amended for second reading to provide that all assessments for the street improvements are assumed by the Town and that other property owners are assessed only for sanitary sewer improvements. The ordinance further provides that the Town will redeem $475,000 of the special district bonds on April 1, 1988. Staff Recommendation: Approve Ordinance No. 2, Series of 1988,- on second reading. 8:55 6. Ordinance No. 5, Series of 1988, first reading, providing Larry Eskwith that abutting property owners required to connect to Charlie Wick utilities may pay the cost in one sum or by installment payments. Action Requested of Council: Approve/deny Ordinance No. 5, Series of 1988, on first reading. Background Rationale: Current Town code requires utility connections to be paid in full in one sum to the Town after the project's completion. The amendment to the Local Improvement District Ordinance will allow the property owners who are required to connect to utilities the option of paying the cost of connection in annual installments over a five year term with interest. Staff Recommendation: Approve Ordinance No. 5, Series of 1988, on first reading. 9:15 7. Resolution No. 2, Series of 1988, supporting H.R. Bill 3561 Charlie Wick Action Requested of Council: Approve/deny Resolution No. 2, Series of 1988. Background Rationale: H.R. 3561 is a Bill intended to provide relief to small issuers of local government bonds by increasing the arbitrage rebate ceiling and increasing the private use tax exempt ceiling on bonds from 10% to 25~ of the issue. Staff Recommendation: Approve Resolution No. 2, Series of 1988, and send resolution to Colorado Legislators. CITIZEN PARTICIPATION 9:25 8. Town Manager's Report 9:30 9. Adjournment -2- r. MINUTES VAIL TOWN COUNCIL MEETING JANUARY 5, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 5, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a presentation of plaques to Paul Johnston and Hermann Staufer for their service on the Vail Town Council. Mayor Rose noted Hermann served on the Council for six years and that working for the town was always close to Hermann's heart. Hermann thanked Council members, congratulated the newly elected ones and thanked the Town staff for their hard work. Mayor Rose then stated that everyone had been missing Paul, too, and that Paul had been on the Council for seven years. Paul commented that it had been a privilege to serve as Mayor and to be on the Council. The next item was a ten year anniversary award to Mike McGee. Ron Phillips stated that Mike is the Town of Vail Fire Marshall and has worked for the Town as a Firefighter since December of 1977. After mentioning more background information on Mike, Ron congratulated him for ten years of service. Dick Duran then explained how Mike was instrumental on the fire programs and thanked him for all of his hard work over the years. The next item was the approval of the minutes from the December 1 and 15, 1987 meetings. Mayor Rose noted that on the December l minutes, first page, second paragraph, that the name was "Steve Simonett", not "Dave Simonett". There was no other discussion on the minutes. Tom Steinberg made a motion to approve the minutes as presented, including the correction noted, which Gordon Pierce seconded. A vote was taken and the motion passed unanimously 7-0. The fourth order of business was an appointment to the Local Liquor Licensing Authority Board. Pam Brandmeyer commented that Colleen McCarthy was the only applicant for the position, and that Colleen had served on the Liquor Board during 1984-85 until her residence was deannexed from the Town. There were no comments from the public or Council. Gail Wahrlich-Lowenthal made a motion to appoint Colleen to the Board, and Merv Lapin seconded. A vote was taken and the motion passed unanimously 7-0. The next item of business was Ordinance No. 1, Series of 1988, first reading, regarding an amendment of the business license fee ordinance. Mayor Rose read the full title of the ordinance. Mayor Rose stated that on Monday,. January 4, 1988, the Town Clerk had received petitions requesting a referendum on this issue. Therefore, this ordinance would be set aside until the referendum process had been completed. The sixth order of business was Ordinance No. 2, Series of 1988, first reading, regarding West Vail assessments. Mayor Rose read the title in full. Larry Eskwith stated that before Council took action on this ordinance, he wanted to present witnesses and also let those who object testify. Ron Phillips, Town Manager of the Town of Vail, was sworn. He testified the Town staff had forwarded objections on to the Council, assessment roles were open for inspection by the public, notices had been sent to all affected property owners, and that notices were also published in the Vail Trail. Stan Berryman, Director of Public Works and Transportation for the Town of Vail, was sworn in next. He testified he had been involved in the construction of the street improvement district, that construction began May 15, 1987 and construction is completed now, improvements were reconstruction of 2-1/2 miles of roads which were available for use by the property owners, the total cost of the work was $1,020,000 which the Town would pay $495,000 and the residents $525,000, the bonds to be used totaled $525,000, the formula for the assessments was created by the Town of Vail engineer under Stan's supervision and described the formula used, and the assessment formula had been prepared by the Town engineer, Bill Andrews. Next, John Schwartz, an independent field appraiser from Denver, was sworn. John testified as to his education, described how he performs appraisals, that he has been used as an expert witness in appraisals for the State of Colorado and District Courts and had done many appraisals within the Town of Vail, was familiar with the West Vail street improvement district, had seen the area before and after the improvements were made., had evaluated the improvements, and the improvements enhanced the value of the properties equal to or exceeding the amounts assessed. Hud Wirth, representing a group of affected residents, was sworn in next.. He testified they approve of the improvements, but disagreed because of some technical questions concerning certain properties; i.e., one lot was shown with the wrong square footage, some properties had parts that could not be used because of the slope grade and therefore should not be assessed, and did not feel that assessing developed property at half of the assessment of undeveloped property was fair. Stan responded to Hud's concerns. Larry stated that staff would look into the possibility of the error in square footage. Stan explained how the figures were decided on, to which John Schwartz was in concurrence. After some discussion by Council, Larry asked for anyone to comment in favor or disfavor to speak their mind. Byron Brown agreed with Hud Wirth, explained why he was opposed to the district and asked the Council to work on funding it another way and quit using street improvement districts. Mayor Rose agreed with Byron and that it had been discussed at the Work Session today, they were working on to improve it this year, but they had to go through first reading to keep the ball moving. Larry explained why and what's happening with the bonds according to bond counsel. He stated he would have a report for Council at the next Work Session. Dick Peterson asked questions regarding the cost of the work and funding to cover it, to which Stan responded. Dick then stated his dissatisfaction with the results. Stan then agreed to go with Dick sometime the next week to review the area in question. After a short discussion by Council, Eric Affeldt made a motion to approve the ordinance on first reading. John Slevin seconded the motion. A vote was taken and the motion passed 6-1, with Merv Lapin opposing. The seventh item was Resolution No. 1, Series of 1988, opposing Homestake II. Larry Eskwith gave background information leading up to this resolution. Ron Phillips stated this resolution would reinforce the letter opposing Homestake II signed by local municipalities. Jim Lamont thanked the Council and staff for moving quickly. Jim then noted information to bring the Council up to date on what was happening presently. He then requested the Council incorporate his documents into the resolution or give reasons why Council does not agree, and requested Council make a reso lution to adopt the wording of a letter from the Historical Society to Eagle County Commissioners to safeguard the historical sites in the area. Larry Eskwith stated this resolution gave a complete disapproval of the project which was what he was instructed to do by the people who signed the letter, and suggested the resolution stay the same. Ron Phillips explained the resolution was the same as Jim Lamont's position, but just does not go into detail. After a brief discussion by Council, a motion to approve the resolution was made by Merv Lapin and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 7-0. .Tom Steinberg then requested a resolution be written incorporating the wording of the letter from the Historical Society. Ron stated that Council could adopt a resolution in general which Larry could draft and get approved later. Tom Steinberg then suggested the Council approve a resolution requesting the Eagle County Commissioners to consider and approve the letter dated October 27, 1987 from the Historical Society. A motion to approve this resolution was made by Tom Steinberg and seconded by John Slevin. A vote was taken and the motion passed unanimously 7- 0. There was no Citizen Participation. Under the Town Manager's Report, Ron Phillips noted Tom Steinberg and Ron attended a reception for Governor Romer, and they presented the Governor with one of the Town's VAIL books as a gift from the Council. Tom and Ron thought the Governor and his -2- wife were very appreciative. Ron then commented that bus ridership for December 1987 was down five percent from December 1986 and for the year 1987 totals were down six percent overall. He stated that the shuttle route for 1987 was down four percent and that one factor was that private shuttles increased from 65 two years ago to 127 in 1987. He thought more people were riding on the private shuttles, and that staff would be examining the statistics in the next few months. Ron next mentioned the Vail Community Chorale was requesting a donation from the Town of Vail for 1988. He noted last year the Town donated $500 so the Chorale could purchase material to make their outfits. He stated that the Vail Resort Association is helping the Chorale, too. Gail Wahrlich-Lowenthal commented it was amazing that the members of the Chorale devoted so much time to practicing and performing. Merv Lapin suggested that instead of the Town donating money to them, to send them to the Eagle Valley Community Fund for financial help. Gail Wahrlich-Lowenthal and Gordon Pierce agreed to have the Chorale approach the Community Fund for help, but if it did not work out, to resubmit their request to the Council. There being no further business, the meeting was adjourned at 9:05 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING JANUARY 19, 1988 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 19, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Gordon Pierce Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a Visitors Center Task Force presentation by Harry Frampton and Jim Morter, members of the Task Force. Harry stated the benefits of a Visitors Center would be an increase in the number of cars stopping by, visitors would stay longer, they would spend more money, the town could move to a one stop shopping center at the Visitors Information Center, the Center would provide an opportunity for merchants to sell more and the Center would provide a best first impression. He estimated the construction cost would be $1.75. million and the operating cost would be about the same as the two Information Booths the town presently has. Jim Morter showed examples of the committee's recommendations and sites proposed, and also pros and cons of each site. Harry and Jim then answered questions from Council. Mike Cacioppo asked questions about location and access and David Kanally had questions about size and site, to which Harry Frampton responded. He then stated the Task Force would need $30-40,000 for the next phase, which Jim Morter stated would be the selection of a site and specifics of the building design. After much discussion, Mayor Rose stated the Council was in favor of a Visitors Center and a site needed to be picked and funding approved for the next step. Harry Frampton explained how the architect was chosen for the public's information. John Slevin, Tom Steinberg and Eric Affeldt noted they liked the Lionshead parking structure site; Eric requested proposed off ramp traffic effects information. Gail Wahrlich-Lowenthal, Gordon Pierce and Kent Rose agreed they liked the Vail village site. Gordon Pierce requested staff investigate financing alternatives. John Slevin suggested Council look at the sites in question, to which all Council members agreed. Merv Lapin suggested there be a deadline of March 1 for a decision. Mike Cacioppo stated his concerns, to which Ron Phillips responded. Pepi Gramshammer gave reasons why he was in favor of a Visitors Center and urged the Council to move forward; David Kanally agreed. Merv Lapin thanked the Task Force for all their hard work. The next item was a Cemetery Committee presentation. Rick Pylman gave brief background information on the subject. Ed Drager, a member of the committee, gave an introduction of the committee's recommendations. Peter Jamar explained the committee had looked at thirteen potential sites and their recommendations are by no means final decisions. He reviewed the sites they had looked at. Peter then gave a slide presentation and reviewed each parcel in general, gave specific site analysis information on each and explained why the committed suggested Donovan Park upper bench as the site for a cemetery. Rick Pylman noted two areas which were omitted from the review and explained why. Peter Jamar and Rick Pylman then answered questions from Council and the public. Rick stated the committee would research the soil creep issue. At this time, John Slevin made a motion to approve the site as presented and instructed the committee to continue working on their goals. Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 7- 0. Rick Pylman proposed a workshop meeting with committee members, Council and neighboring residents be held to discuss the issue, but to make no decisions; to get input before scheduling public hearings. Council agreed it was a good idea. The third item of business was a public hearing and Resolution No. 4, Series of 1988, establishing Town of Vail policy regarding street improvements funding. Stan Berryman gave background information regarding street improvements. Steve Barwick then briefly explained the impacts of property taxes being used to fund street improvements. .Steve then presented a slide show giving estimated figures and projections and explained the pros and cons of funding by property taxes. After much discussion by the public and Council, Mayor Rose explained what the resolution would actually do. After more discussion, Gail Wahrlich-Lowenthal suggested a public committee sit with Council through the budget process. Merv Lapin then made a motion to approve the resolution, accepting Option No. 1, with a mill levy, if necessary, of 3.09 mills, and John Slevin seconded. A vote was taken and the motion passed unanimously 7-0. The fourth order of business was Ordinance No. 2, Series of 1988, second reading, regarding West Vail assessments. Merv Lapin made a motion to continue this item for two weeks until the Council could get proper wording from bond counsel. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. The next item was Ordinance No. 4, Series of 1988, first reading, repealing Ordinance No. 39, Series of 1987, business license fees. Mayor Rose read the title in full. Larry Eskwith explained the reasoning for the ordinance. A motion to approve the ordinance was made by Eric Affeldt and seconded by John Slevin. After a short discussion, Mike Cacioppo read a letter from Michelle Belson, of the referendum committee, giving alternatives of raising sales tax .3%, instituting a head tax, or using a vendors fee to pay for marketing instead of raising business license fees. Gail Wahrlich-Lowenthal and Eric Affeldt responded. After more public comments, a vote was taken and the motion failed 2-5, with Gail Wahrlich- Lowenthal, Eric Affeldt, Kent Rose, Gordon Pierce and John Slevin opposing. The sixth order of business was Resolution No. 3, Series of 1988, setting the date for a special election. .There was no discussion by the public or Council. Merv Lapin made a motion to approve the resolution and setting the date of the election as February 23, 1988 (the earliest possible date). John Slevin seconded the .motion. After a brief discussion by the public, a vote was taken and the motion passed unanimously 7-0. The next item on the agenda was a Town of Vail sign improvement program presentation. There was a brief discussion by Pepi Gramshammer and Stan Berryman. Colleen McCarthy suggested lighting be included with new signs. Mayor Rose stated the report was very good, and after Council has had time to work through the complete report, they would plan an upcoming Work Session to begin planning for implementation. Tom Steinberg made a motion to accept the program, which was seconded by Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. There was no Town Manager's Report. There being no further business, the meeting was adjourned at 12:35 a.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -2- .. ~ ORDINANCE NO. 2 SERIES OF 1988 AN ORDINANCE INCLUDING ALL PROPERTY OWNED BY THE TOWN WITHIN TOWN OF VAIL, COLORADO, WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1, ACCEPTING CERTAIN IMPROVEMENTS CONSTRUCTED AND INSTALLED IN AND FOR ~ DISTRICT, DETERMINING THE TOTAL COST THEREOF,- DECLARING THAT THE COST OF THE STREET IMPROVEMENTS SHALL BE ASSESSED AGAINST THE PROPERTY OF THE TOWN AND THAT THE COST OF THE SANITARY SEWER IMPROVEMENTS SHALL BE ASSESSED AGAINST THE PROPERTIES SPECIALLY BEN THEREBY, RECEIVING,nACCEPTING AND MODIFYING THE ASSESSMENT ROLL APPORTIONING THE COST PTO BE PAID BY SPECIAL ASSESSMENTS A5 AMONG AFFECTED PROPERTIES WITHIN THE DISTRICT, ASSESSING THE COST AS APPORTIONED THEREIN AGAIN5T~ASSESSABLE LOTS OR TRACTS OF LAND WITHIN THE DISTRICT SPECIALLY BENEFITTED BY TF IMPROVEMENTS, PRESCRIBING THE METHOD OF PAYING AND COLLECTING tiTHE ASSESSMENTS, DESCRIBING THE LIEN SECURING PAYMENT THEREOF, MAKING NECESSARY FINDINGS WITH RESPECT TO THE SATISFACTION OF ALL CONDITIONS AND REQUIREMENTS RELATING TO THE FOREGOING, ^LIMITING ACTIONS CHALLENGING THE PROCEEDINGS, AND AUTHORIZING MAILING OF NOTICE OF REDEMPTION OF CERTAIN TOWN OF VAIL, COLORADO, WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1 SPECIAL ASSESSMENT BONDS DATED JUNE 1, 1987. WHEREAS, the Town Council of the Town of Vail, Colorado (the "Town") has heretofore by Ordinance No. 10, Series of 1987, authorized and ordered the construction and installation of improvements therein described (the "Improvements") for Town of Vail, Colorado, West Vail Local Improvement District No. 1 (the "District") and determined thereafter to levy special assessments against the affected properties in the District, according to the method and within the limitations therein described; and WHEREAS, the Town Council has heretofore by Ordinance No. 13, Series of 1987, issued special assessment bonds designated Town of Vail, Colorado, West Vail Local Improvement District No. 1 Special Assessment Bonds, dated June 1, 1987, in the aggregate principal amount of $525,000 the "Bonds"), to pay a portion of the cost of constructing and instal ing the Improvements and covenanted thereafter to apportion, levy and assess said cost, less any portion thereof to be paid by the Town, upon the assessable lots and tracts of land within the District; and BD534 18 01/25/88 WHEREAS, the Improvements are now substantially complete; and WHEREAS, the Town Manager has ascertained the total cost of the Improvements, less that portion thereof to be paid by the Town and has brought the matter of levying assessments therefor before the Town Council; and WHEREAS, an assessment roll for the District, showing the amount of each assessment, has been prepared by the Town's Department of Public Works & Transportation; and WHEREAS, the Town Clerk has heretofore caused a notice in the"form prescribed by Section 20.04.180 of the Code of the Town (Section 1-11(a) of Ordinance No. 9, Series of 1976) to be mailed by first class postage prepaid mail to the record owners of the affected properties on December 17, 1987 and to be published in The Vail Trail, a newspaper of general circulation in the Town, in its issues of December 18, 24, and 31, 1987; and WHEREAS, the Town Council has held a public hearing upon proposed special assessments against properties within the District and upon the ordinance by which the same shall be levied, all as required by Chapter 20.04 of the Code and the Charter of the Town, at its regular meetings on January 5, 1988, and,AFebruary 2, 1988; and WHEREAS, after further deliberation the Town Council has determined that all property owned by the Town, being specially benefitted by the construction and installation of the street Improvements, should be .included within the District and that the cost of the street Improvements, to the extent not previously paid by the Town, should be assessed against the property owned by the Town so included within the District. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Town proposed assessments an given and a public he therefore that the not Chapter 20.04 of the C Series of 1987, have be of this Ordinance. The all other conditions an relating to the levying within the District have 2. within the Council hereby finds that notice of d of a public hearing thereon has been aring held as hereinbefore recited and ice and public hearing requirements of ode of the Town and Ordinance No. 10, en fully satisfied prior to the adoption Town Council hereby further finds that d requirements of said Code and ordinance of special assessments against properties heretofore been fully satisfied. The Town Council hereby consents to the inclusion District of all property owned by the Town, BD534 19 01/25/88 acknowledges that said property has b~ the construction and installation of an amount at least equal to the hereinafter made against such propE notices and hearings required in ord~ within the District and to levy a~ property and any and all defects proceedings therefor, and agrees to be levied. aen specially benefitted by the street Improvements in amount of the assessment arty, waives any and all ~r to include its property i assessment against such or irregularities in the bound by the assessment so 3. The Town Council hereby includes all property owned by the Town within the District. 4. The Town Council hereby accepts the Improvements constructed and installed in and for the District. 5. The Town .Council hereby finds that the total cost of the Improvements, including engineering, legal, and incidental costs, is $1,020,000, that of said cost the Town has previously Qaid $495,000 and borrowed $525,000 by issuin the Bonds that the portion thereof to be assessed against the property owned by the Town within the District specially benefitted by the construction and insta an on o t e street Improvemen s is $475,000, and that the portion thereof to a assesse agains e lots or tracts of land within the District specially benefitted by the construction and installation of the sanitary sewer Improvements is 1~=-~ 6. The Town Council hereby finds that the Improvements are local improvements which have conferred general benefits upon the Town and also special benefits upon the affected properties within the District. Properties proposed to be assessed abut or are in the vicinity of the Improvements and have benefited from the construction and installation thereof. Assessments are to be levied because substantial special benefits have resulted from the Improvements to all of the affected properties within the boundaries of the District, which special benefits are separate and distinct from the general benefits to the Town that will also result therefrom. Said special benefits consist of improvements that enhance the present and/or potential use, convenience, value, reduction in maintenance costs, alleviation of health and sanitation hazards or enjoyment of the property. This finding is made after considering evidence relating to the following factors: (1) The effects upon the appearance and environment of and for the properties abutting upon or in the vicinity of the Improvements; BD534 20 01/25/88 (2) The by the properties Improvements; (3) The followed in maki: constructed in the availability of the Improvements for use abutting upon or in the vicinity of the type of improvements made and the policy ng assessments or similar improvements past; (4) The nature of the Improvements, singularly or in combination, and their influence throughout the area and as to the individual parcels of property; (5) The. ever-increasing responsibility and changing concept of what is required of the individual property owners at their own costs under the police power even though the general public also has available to it such Improvements; (6) Unique features of the particular properties; (7) The zoning, uses, and potential uses of the properties in the vicinity of the Improvements; (8) Opinions on the effects upon the fair market values from the Improvements upon properties in the vicinity of the Improvements; (9) The probable influence from the Improvements relating to the protection or preservation o£ the values of the properties in the vicinity of the Improvements. 7. The Town Council hereby receives accepts and modifies the assessment roll for the District as prepared by the Town's Department of Public Works & Transportatior~ a copy of which is attached hereto as Exhibit A. 8. The amounts specified in said assessment roll, insofar as the same relates to the sanitary sewer Improvements, have been computed according to the method described in Ordinance No. 10, Series of 1987, and as described in Exhibit B attached hereto. The Town Council has heretofore by said Ordinance determined, and by this Ordinance does again determine, that said method of assessment is a fair and equitable one, providing for a reasonable apportionment of the cost of the Improvements consistent with the benefits conferred. The determination made hereby is reached after weighing the factors specified in Section 20.04.220 of the Code of the Town (Section 1-12 of Ordinance No. 9, Series of 1976)~after hearing evidence relating to special benefits actually conferred upon the affected properties, including without limitation increased market value, in an amount which ^equals or exceeds the maximum amount of the particular BD534 21 01/25/88 assessment to be ,,levied against each such property, and after considering all other relevant circumstances. 9. The Town Council hereby determines that as to each lot or tract of real estate assessed that said special benefits exceed in value the amounts to be assessed therefor and that said benefits are apportioned among the respective lots or tracts in rough approximation to the benefits conferred. 10. The Town Council hereby finds that the proposed assessments reflected in the assessment roll will be sufficient in the aggregate to cover the portion of the total cost of the Improvements to be defrayed by the levying of special assessments. 11. Said amounts are hereby assessed against the respective properties as set forth in said assessment roll, and the Town Clerk is hereby instructed so to notify the affected owners. 12. All assessments made in pursuance of this Ordinance shall be due and payable without demand to the Director of Administrative Services on,~March 4, 1988. 13. All such assessments may at the election of the owner be paid in installments with interest. Failure to pay the whole assessment on or before ,March 4, 1988, shall be conclusively considered and held to be an election on the part of such owner to pay in installments the amount of the assessment then unpaid. The Town shall ay its assessment in full on March 4, 1988, from legally available funds. 14. Assessments not paid on or before~March 4, 1988, shall be payable in ten (10) substantially equal annual installments, beginning August 1, 1988, and continuing thereafter on August 1 of each year until and including August 1, 1997, with interest on the unpaid principal amount at the rate of eight and one-half per cent (8.5%) per annum, payable August 1, 1988, and on principal payment dates thereafter. 15. There shall be no interest charge or penalty against any assessment, payment of which is made in full to the Director of Administrative Services on or before 1March 4, 1988. The Town Manager may publish a notice in at least one newspaper published and of general circulation in the Town at least ten ('10) days before said date or any installment payment date, which notice shall state the place of payment and the time for it to close. The failure to publish such notice or to do any other act or thing required by Chapter 20.04 of the Code shall not affect such assessment or any installment thereof, or the lien the Town holds therefor, nor extend the time for payment thereof. BD534 22 01/25/88 16. The owner of any lot or tract of real estate herein assessed may at any time pay the whole unpaid principal due under this Ordinance with the interest accrued to the next interest payment date, together with penalties, if any. 17. An assessment or installment thereof shall be considered delinquent if not paid within thirty (30) days after the date set for payment thereof in the provisions of this Ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued interest to become due and payable. Any delinquent assessment or installment shall continue drawing interest as hereinabove provided plus penalty interest. at the rate of one and one-half percent (1-1/2%) per month. As soon as any assessment or installment thereof shall become delinquent, the Director of Administrative Services shall mark the same delinquent on the assessment roll and shall, at least once each calendar year, but not sooner than the first day of December, certify such assessments, along with interest and penalty, to the County Treasurer of Eagle County, Colorado; and the County Treasurer shall extend such assessment upon the real property tax rolls of the County and collect the same in the same manner as delinquent general taxes levied upon such property. Upon certification of the delinquent assessment or payments, the costs of such collection shall also become due and payable. However, at any time prior to the date a delinquent assessment is certified to the County Treasurer for collection, but not thereafter, the owner may pay the amount of delinquent installments, accrued interest thereon, and penalties due, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. 18. All assessments made in pursuance of this Ordinance shall be a lien in the several amounts assessed against each tract or parcel of land from the effective date of this Ordinance. A lien shall not, however, attach to any tract or parcel of land so assessed which is owned by the State of Colorado, or any agency, or instrumentality thereof, or any county, municipality, school district, special or quasimunicipal district, other political subdivision, or private corporation operating a public utility. As to any subdivisions of any real estate assessed in pursuance of this Ordinance, the assessments shall in each case be a lien upon the individual lots of the subdivision in proportion to their respective shares. The liens for assessments shall be prior and superior to all other liens, claims, encumbrances and titles, whether prior in time or not, and shall constitute such a lien until paid; provided, however, such assessment lien is subordinate and junior to any lien for general taxes and is subject to extinguishment by the sale of any property on account of the nonpayment of general taxes; and provided, further, any such assessment lien on any tract or BD534 23 01/25/88 parcel of land is prior and superior to any assessment lien thereon subsequently levied. 19. After the expiration of thirty (30) days from the effective date of this Ordinance, all actions or suits attacking in any way the proceedings held, the determinations and findings made, and the assessments levied herein, shall be perpetually barred and shall not thereafter be questioned in any court or before any other tribunal. In order for one to have standing to challenge the .proceedings in any respect, or the Ordinance adopted, or any assessment levied, he must have asserted his objections in accordance with Section 20.04.200 of the Code of the Town. Review shall be limited to the objections so asserted. If a court of competent jurisdiction sets aside any final assessment, then the Town Council may make a new assessment generally in accordance with the provisions of this Ordinance. Notices and procedures followed need not be in strict compliance with this Ordinance so long as the affected property owner is afforded due process of law. 20. The Town hereby exercises its option to redeem the Bonds numbered 1 through 95, inclusive, prior to their maturity date, on April 1, 1988, at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date. Central Bank of Denver, the paying agent for the Bonds, is hereby authorized and directed to give notice of redemption of said Bonds by sending a copy of such notice by certified or registered first-class postage prepaid mail, at least thirty (30) days but not more than sixty (60) days prior to the redemption date, to Kirchner Moore & Company and to the registered owner of each of the Bonds being redeemed, determined as of the close of business on the day preceding the mailing of such notice, at the address appearing on the registration books of the Town. The notice of redemption of the Bonds shall be in substantially the following form: BD534 24 01/25/88 [Form of Notice] NOTICE OF REDEMPTION OF TOWN OF VAIL, COLORADO WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1 SPECIAL ASSESSMENT BONDS DATED JUNE 1, 1987 - $525,000 NOTICE IS HEREBY GIVEN that the Town of Vail, Colorado has exercised its option to .redeem the Bonds of the above-described issue numbered 1 through 95, inclusive, prior to their maturity date, on April 1, 1988, at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date. On the redemption date there will become due and payable at the office of Central Bank of Denver, Denver, Colorado, the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date, and from and after the redemption date interest will cease to accrue. Each Bond will be redeemed on or after the redemption date upon presentation and surrender thereof. DATED this day of 1988. CENTRAL BANK OF DENVER, a banking corporation Authorized Officer [End of Form of Notice] BD534 25 01/25/88 21. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. 22. All action heretofore taken by the Town and by the officers thereof not inconsistent herewith directed toward the levying of special assessments against properties within the District specially benefited by the construction and installation of the Improvements therein is hereby ratified, approved and confirmed. 23. All acts, orders, ordinances, resolutions, or parts thereof, of the Town in conflict with this Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, ordinance, resolution, or part thereof, heretofore repealed. 24. If any paragraph, clause or provision of this Ordinance is for any reason judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention :being that the various paragraphs, clauses or provisions hereof are severable. INTRODUCED A SECOND TIME, READ BY TITLE, AMENDED, FINALLY APPROVED AS AMENDED ON SECOND READING, ADOPTED AS AMENDED, AND ORDERED PUBLISHED AGAIN IN FULL this 2nd day of February, 1988. TOWN OF VAIL, COLORADO Mayor (TOWN) (SEAL) ATTEST: Town Clerk BD534 26 01/25/88 ORDINANCE N0. 5 Series of 1988 AN EMERGENCY ORDINANCE REPEALING AND REENACTING SECTION 20.04.390 OF THE VAIL MUNICIPAL CODE "ABUTTING PROPERTY OWNERS REQUIRED TO CONNECT TO UTILITIES" TO PROVIDE THAT ABUTTING PROPERTY OWNERS REQUIRED TO CONNECT TO UTILITIES MAY PAY FOR THE COST OF SUCH UTILITY CONNECTION IN ONE SUM OR BY INSTALLMENT PAYMENTS. WHEREAS, the Town Council wishes to give property owners in local improvement districts who have been required to connect to utilities the right to pay the cost of such connection in installment payments. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Section 20.04.390 "Abutting Property Owners Required to Connect to Utilities" is hereby repealed and reenacted to read as follows: 20.04.390 ,'Abutting Property Owners Required to Connect to Utilities" Whenever any paving of a street is authorized or ordered under the provisions of this Chapter, the Town Council may order the owners of the abutting property to connect their premises with the gas or water mains, or with any other utility in the street in front of their premises. Upon default of any owner for twenty (20) days after such an order to make the connections, the Town Manager may contract for and make the connections at the distance under the regulations and in accordance with the specifications as may be prescribed. The whole cost of each connection shall be assessed against the property with which the connection is made and the cost shall be paid upon completion of the work. The cost may be paid in one sum or it may be paid in installments as provided for in Sections 20.04.310 through 20.04.350 exeept that the cost shall be payable in annual installments not to exceed five (5) years in length and the interest rate shall be the rate charged large commercial borrowers by major United States banking institutions as reported in the Wall Street Journal on the day of the hearing levying assessments pursuant to this Chapter. The cost shall be assessed, shall become a lien and shall be continued in the same manner as is provided in this Chapter for the assessment and collection of the cost of other special improvements. Upon default in the payment of any such assessment, the property shall be sold in like manner and with like effect. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Uail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance. shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any .provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. Emergency In order to allow property owners within the West Vail Street Improvement District to pay the costs of utility connections in installments, the Town Council hereby declares this to be an Emergency Ordinance necessary for the preservation of the public property, health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ AND APPROVED AS AN EMERGENCY ORDINANCE this day of 1988, and a public hearing shall be held on this ordinance on the day of 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- RESOLUTION N0. 2 Series of 1988 A RESOLUTION REQUESTING THAT MEMBERS OF THE COLORADO CONGRESSIONAL DELEGATION COSPONSOR BILL H.R. 3561 WHICH WOULD BENEFIT SMALL ISSUERS OF MUNICIPAL BONDS. WHEREAS, Congressman William F. Klinger (R-Pa.) recently introduced legislation, H.R. 3561, designed to help local governments utilize the tax exempt municipal bond market; and WHEREAS, this small issuers relief act promises to offer significant assistance to local governments throughout the country; and WHEREAS, the Bill raises the small issuer exemption from five million dollars ($5,000,000) to twenty-five million dollars ($25,000,000) for purposes of the arbitrage rebate requirement and increases the private use limit on governmental bonds from ten percent (10%) to twenty-five percent (25%) for states and localities that issue no more than the twenty-five million dollars ($25,000,000) in tax exempt bonds. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF UAIL, COLORADO, as follows: The Town Council hereby expresses its support for H.R. 3561 and requests that members of the Colorado Congressional Delegation join Congressman William F. Klinger in supporting this legislation. INTRODUCED, READ, APPROUED AND ADOPTED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ~\ ~~ town o uai " 75 south frontage road • vail, Colorado 81657 • (303) 476-7000 office of the mayor January 27, 1988 Mr. Pepi Gramshammer ' 231 East Gore Creek Drive Vail, Colorado 81657 Dear Pepi: The Town Council is concerned about the allegations you made in the Planning Commission meeting last Monday regarding members of the Planning Staff taking bribes to approve the Golden Peak House proposal. The Council considers these to be serious accusations and would encourage you to come forth with proof or evidence that these statements are true. If you have no proof, we would strongly suggest that you write a letter of apology for your comments to the Planning Staff. Sincerely, ~~~~v u~--- Kent R. Rose Mayor KRR/RUP/bsc cc: Town Council Planning and Environmental Commission DATE: 1/29/88 ACTION LIST ITEM ASSIGNED T0: 1. Rewire Council microphones Public Works 2. White letters on-north end of pedestrian overpass Public Works 3. West Vail Texaco - cars on ROW Community Development 4. Restaurant menu boards - Discussion on Feb. 9 Community Development 5. Negotiate Ice Arena charges to groups Recreation 6. Develop figures on lost revenue and costs of Ice Arena shut-down Recreation/Finance 7. Record SID Ordinance for West Vaii Town Clerk 8. Arrange Denver Chamber of Commerce meeting Ron/John Slevin 9. Arrange for Dave Hatten to meet with Council 1/26 Public Works 10. Discuss how to promote business license fee ordinance scheduled 2/2/88 Council 11. Revise street cut ordinance Larry COMPLETED 1/29/88 1/29/88 1/26/88 `.,~, TO: ;~, ~__,, ,R FROM: ~~4 ` . <<, DATE ~. _ , ;~ RE -, Ron Phillips Community Development January 28, 1988 Additional cemetery analysis At the request of Al Weiss, I have done a preliminary investigation of St. Moritz Way as a potential cemetery site. Please see the enclosed analysis. Our recommendation is that no further study of this site is warranted. ..u ~_ ,~ ,,# ~_ ST. MORITZ WAY ¢'~ Site Analysis - Cemetery Potential ;~; - - ~~- " ` St. Moritz Way is a short dead-end road that branches off of ~ Chamonix Lane in the Vail Heights area. There are nine lots that are adjacent to St. Moritz Way. Four of the lots contain the condominium developments Gore Range, Pine Ridge I, II and III and the..Eddie Miller Townhouses. Five of the lots are vacant and total 2.2 acres in size. There are four more vacant ~~ lots to the east that front on Chamonix Lane for a total site ~,~,~~: size of 4.4 acres. All vacant lots are owned by Patricia ~.-<<~ ~ Rickman . :,.~ ~"'' .,. The site configuration does not lend itself to cemetery -:~~-~ development. The site has extremely limited expansion ``~ potential. The only available parking would be on the short ~;~. stretch of St. Moritz Way. Chamonix Lane is a bus route and a ~~, - fairly busy thoroughfare; roadside parking on Chamonix could -~ create circulation problems. Soil conditions are unknown, but for the purpose of this review are assumed to present no problems. Attached is a ranking of factors for St. Moritz Way. The total score is 17 points which ranks this site 6th. Our '~`°"~ recommendation is that no further study of this site is ~~ ~ ` warranted. :~.., ~..- ,..-~Ya.. o. : ., k- . ,y. ,: r.. , a~: a ~. `' `' p T Factors Comments Points %-.~.} 1. Size/shape Total site-area of 4.4 acres 0 "`" ~~ ~ - - poor site configuration : • : ~~- ~ 2. Topography Site slopes upward to north, 2 ~' ~ ~. fairly steep 3. Soil conditions unknown -assume no problem 3 4. Geologic hazard rockfall, borders on debris flow 2 " 5. Access excellent 3 ~. 6 . Parking limited 1 g~,, z~ :.. .~ 7. Utility services all utilities available 3 ~~; ~~, _ ~~ ~ 8 ~ ~ -Compatibityr_ ~ _:: •. . could be designed 2 t,~,_... with surrounding - .... - __ a~~.a ~~ ~ uses ;.~ ~~ 9. Expansion potential very poor 0 10 Aesthetic qualities -poor -- 1 ..i , a ' 11 Acquisition cost _ private-no cost available 0 ~'~ and timing - TOTAL 17 "~:.: ~~:~ ~~~~ . ~;~;N~._ :;;~~ e ~, . ~~: ,~A ~.. ~.~,: ~,,.: ,;Yr~..,,._ ~,~-~ ~: :;~... f r ~~. . ~~:._. f a-~~. 4~ C ~'y'~,.~ ~~ ~~,~ :. ~.; S. - x,: SUMMARY As shown in the table below, the Donovan Park Parcel as indicated by the ranking process, is the most suitable site for the cemetery. Q Z W J f`I SITE ANALYSIS -FACTORS ~Z~ W z W ~ w J o W ~ w ~>- wQ o~ °a Q zQ ma ~3 Z 4. ~... 0.. ~ 1. Size and Shape 0 3 0 0 3 1 ~ 2. Topography 3 3 3 3 3 2 '~,•a 3. Soil Conditions 1 3 0 2 2 2 ~~~ 4. Geologic Hazards 1 2 0 1 3 3 a 5. Access 3 3 1 3 3~ 3 3 ~6. Parking 1 2 3 1 2 1 ~ 7. Utility Services 3 3 2 2 3 3 3 8. Compatibility~with surrounding land uses 2 3 3 3 3 3 a 9. Expansion Potential 2 2 2 2 2 2 O 10. Aesthetic Qualities 1 2 3 1-~ 2 •3 ~ 11. Acquistion Cost and Timing 0 3 3 0 0 0 O TOTALS 17 29 20 18 26 23 17 (->~ =:~~~ .~ . ¢:: ~ ~ ~- 23. ~. ,_ ~.Va i I~ ~t~ I a n n i n- fi®r ~ • ~~~ . 1 p : g cen~otory, :~ . :~ r~ct ~ro~t o~ town ~ rec®r~ rn o n d ed . ,- evaluation and public meetings to soothe opposition. By JOE GARNER : ~ .- Although the committee proposed that all monuments be . ,~ oc-cy M~untaln News Statt writer - • • ` ~ _.~': set flush with the ground and the land be left an alpine ! , ~~'' meadow, some ,neighbors resist the idea of a cemetery '~ Some. families may exhume relatives bUricd elsewhere~~~' nearby. and return them to Vail if the town overcomEs the senliment~~~- Albert Weiss, who lives in the area, said the town cannot that a ritzy resort should not have a graveyard. ;, use the site for burials because it is part of a tract the city "I know there are people who have been buried some- ~ bought with funds earmarked for parks, recreation and open where else whose families are interested jn moving them space. back to Vail as soon as they can," said Peter Jamar, a ~'. Town officials contended a cemetery offers open space. consultant who warked with the Vail Cemetery Committee. .~~ . But Ella Knox's opposition is rooted in her 23 years in the ' i When the resort was founded in 1962, ~evclopers gave ski town 100 miles west of Denver. scant thought to a graveyard. But the deaths of several ; .. "Vail sends out literature to draw people to come enjoy prominent townspeople in recent years have evived interest `-~ themselves skiing and partake of the life we offer here," she in a cemetery, so they could rest in peace in the valley they •-- said. "A graveyard is not a recreational facility. If people >i~ade their home. want to have a graveyard, let them buy land outside the"'~- ! ~ ~ town, mark it private and bury the people there." ; On the committee s recommendation, the Vail Topvn Coun- - eil last week authorized more planning~for a;town cemetery. Many Vail residents choose to be cremated or returned toy. "One of the things that came out in towp meet~gs over a family plot elsewhere, she said. + ~. the past year or two is that we needed a cemetery id fawn or Jamar Said no area of Vail is zoned for a cemetery,'so the '; adjoining the town," Mayor Kenl Rose said yeslerd~y. "Peo- .planning process must include a public hearing to amc~,nd the ,'.' ple realize the town is getting older, although we still have a ;: -zoning code, followed by another hearing on a specific.;~t young influence." ~ • cemetery site. '.:- ,:, • ~ The committee recommended to the town council that it "So there's a whole lot of public meetings ahead before we• designate as a cemetery a 9.5-acre tract south of 1;nterstate . ~ may have a cemetery;' Jamar said. "We're trying to think in ' 70 in West Vail. The council authorized,' additipnal site the long term." ~ - '~.