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HomeMy WebLinkAbout1967-01-23 Town Council MinutesMINUTES OF THE MEETING HELD JANUARY 23, 1967, TOWN OF VAIL VAIL, COLORADO The Meeting was called to order by Mayor Ted Kindel at 7:30 p.m. ROLL CALL: R011 Call found the following Members present: Mayor Kindel Trustee Willett Trustee Burdick Trustee Hoyt Trustee Langmaid Trustee Dobson and Seibert were absent. MINUTES OF THE MEETING 1. The first item to be discussed was a letter to V:.il Associates . from the Board of Trustees regarding dedication of the roads. The proposed letter was read by Mayor Kindel. The Board of Trustees feels that the Town would be assuming a considerable financial obligation if the streets were taken over by the Town without some help from Vail Associates, Incorporated, in so far as possible encroachments of roads on private property. Trustee Willett suggested that the $5,000.00 indemnification the Town is requesting of Vail Associates is not sufficient. Discussion followed, and further consideration will be given to the matter before the letter is sent to Vail Associates. 2. Ordinance #3, Series of 1967, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING A TAX UPON CERTAIN OCCUPATIONS AND PLACES OF BUSINESS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR" was read by Blake Lynch, The Town Recorder, Mr. Rod Slifer mentioned that many businesses were not covered, such as, Allen Brown; Weibel Janitorial Service; General Contractors who come to Vail in the summer and build and who work over 90 days; sub -contractors, who are here more than 90 days; landscapers; Audio -Vail; Nursery; etc. iDiscussion followed regarding real estate offices. Mr. Slifer feels this Ordi- nance will create a hardship on real estate businesses, which are already paying a 2% gross receipts on rentals, and would have an additional tax on employees involved in these rentals. A change was suggested in the Ordinance as follows: to strike the clause referring to leasing in the definition of Real Estate Office. Mr. Robert Parker made the suggestion that a new business coming into Vail not be taxed during the first year of business. He referred specifically to the Barber Shop. He suggested that the Board consider a moratorium of one year. The problem of the Conoco Station was discussed. This business is covered by the Gross Receipts Tax, but the imposition of the tax would practically eliminate their profit on gasoline sales. It was suggested that the tax could be put on other items they sell, and regarding gasoline sales, that they be taxed per pump. A Motion was made by Trustee Willett that we exclude the Conoco Station from the 2% Gross Receipts Tax. It was seconded by Trustee Burdick and approved unani- mously by the Board of Trustees, 4-0, Ordinance #3, as amended, was read. The Trustees were polled for understanding and approval. Ordinance #3 was passed unanimously, 4-0. • Page 2 - Town of Vail - January 23, 1967 3. Ordinance #4, Series of 1967, "AN ORDINANCE ESTABLISHING THAT LARCENY AND RELATED OFFENSES SHALL BE UNLAWFUL ARID PROVIDING PENALTIES FOR THE VIOLATION THEREOF" was read by the Town Recorder. The Board was then polled for understanding & approval. Ordinance #4 was passed unanimously, 4-0. 4. Ordinance #5, Series of 1967, "AN ORDINANCE CONCERNING THE EXTENSION OF THE SOCIAL SECURITY SYSTEM TO THE EMPLOYEES AND OFFICERS OF THE TOWN OF VAIL AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF EMPLOYMENT SECURITY, STATE OF COLORADO" was read by the Town Recorder. The Board was polled for understanding and approval. Ordinance #5 was adopted unanimously, 4-0. 5. Miscellaneous matters from the Town Coordinator were discussed; a. Blake Lynch advised that we have not finalized our liability coverage, but that we are going ahead with Ken Grunwald regarding bond coverage as required by law, for the Town Coordinator, Town Secretary , the Police • Magistrate and Town Marshal, b. The County Commissioners will meet on Wednesday, January 25. 1967. regarding the new Bridge. The lighting will cost $800.00, which the Town will probably have to pay. Mayor Kindel suggested that perhaps we could get the Forest Service to bear a part of this cost, and Blake suggested that the Board authorize payment of this $800.00 by the Town in the event that it was not pos- sible to get them to share the cost. Trustee Burdick made a Motion that the Board approve payment of $800.00 for lighting as specified. It was seconded by Trustee Langmaid and approved 7unanimously by the Board, 4-0. c. Blake reported on the Parking Area, and said that 33 spaces have been purchased at this time and feels certain that more will be sold during the season. d. A letter was received from Gordon Weller of the Vail Village Inn addressed to the Town of Vail advising that as of February 1st, he would be forced to charge $200.00 a month for services rendered by the Vail Village Inn in con- nection with the operation of police and fire phones, and radio equipment located at the front desk. The possibility of finding a new locati on will be studied this week. • e. Blake Lynch reported on the amount of occupation tax thus far col- lected. f. It was suggested that it would be desirable to have one of the Trustees meet with Blake Lynch fifteen minutes before each meeting to go over the bills to be paid, and Trustee Burdick was appointed by Mayor Kindel to serve as the finance committee for this purpose. 6. Chuck Lewis brought up the fact that Vail Associates, Inc., has not yet paid its tax for the December period as yet, and since the Town does owe Vail Associates a considerable amount, he suggested that the late penalty be waived. A motion was made by Trustee Willett that we waive the penalty requirement for Vail Associates, Inc., pending the approval of their accounting to us, at least until the 13th of February. It was seconded by Trustee Burdick and approved unanimously by the Board, 4-0. 7. Gas Facilities Franchise - a letter from John Amato is being sent to Leonard Campbell. 8. A letter was received from the County Engineer regarding the standard of the roads. It will be discussed later. 9. ORDINANCE #6, Series 1967, "AN ORDINANCE FIXING THE SALARIES OF ALL APPOINTIVE OFFICERS OF THE TOWN OF VAIL FOR THE YEAR BEGINNING JANUARY 1, 196711, was read by the Town Recorder, The Board was polled for understanding and approval. Ordinance #6 was adopted unanimously, 4-0. • ' Y • Page 3- Town of Vail - January 23, 1967 10, A Resolution was read by the Town Recorder, "A RESOLUTION AUTHORIZING THE MAYOR AND 'TOWN CLERK TO NEGOTIATE AND PROCURE LOANS FROM THE FIRST NATIONAL BANK OF EAGLE COUNTY ON BEHALF OF THE TOWN OF VAIL AND TO ACT AS AGENTS FOR THE TOWN IN OTHER MATTERS WITH S_,ID BANK". It was pointed out that this does not authorize the Mayor and Town Clerk to procure loans without the approval of the Board of Trustees, but merely authorizes them to act as agents for the Town in dealing with the Bank on matters approved by the Board. The resolution was approved and adopted, 4-0. 11. Lieutenant Wayne Schuyler asked the question from the floor if an ordinance could be passed regarding the eluding of a police officer. The Town Attorney, Peter Cosgriff, had strong reservations about whether this could be done. Trustee Willett will contact Chief Elliott and make a report at a later date. • With no further business to come before the Board, Trustee Willett made a Motion to adjourn. It was seconded by Trustee Hoyt. The Meeting adjourned at 1Ot10 p.m. E • 110 • ORDINANCE NO. SERIES 1967 "AN ORDINANCE FIXING THE SALARIES OF ALL APPOINTIVE OFFICERS OF THE TOWN OF VAIL FOR THE YEAR BEGINNING JANUARY 1, 1967." WHEREAS the Town, Board is required by law to fix the salaries of appointive officials for the Town of Vail for the year beginning Jalauary 1, 1967. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, Section 1. That the salaries of the following appoin- tive officials of the Town of Vail for the year beginning January 1, 1967, are hereby fixed and determined to be as follows; to wit: Town Treasurer - Town Clerk (Tom Coordinator) $10,000.00 per year Police Magistrate $ 100.00 per month Town Marshal $ 550.00 per month INTiwif1rrJ1, READ, ADOPTED AND ORDERED PUBLISHED this day of January, 1967. Mayor Attest: T0_. __ - town Clerk • ORDINANCE NO. 7 AN ORDINANCE FOR THE REGULATION OF TRAFFIC UPON THE PUBLIC STREETS OF THE TOWN OF VAIL, ADOPTING BY REFERENCE "THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES 1966," AS AMENDED HEREIN, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO: Section 1. Adoption by Reference, Deletions, Amendments Pursuant to Chapter 139, Article 34, Colorado Revised Statutes, 1963, there is hereby adopted for the purpose of regulating traffic within the Town of Vail, County of Eagle; that certain ordinance known as the "Model Traffic Code for Colorado Municipalities, 1966" officially approved, adopted, and published as such by The Colorado Highway Safety Council and hereinafter referred to as the "Municipal Traffic Code", the same being adopted as if set out at length save and except the following articles and sections which are subject to the follow- ing deletions and amendments: reference. A. All of Article XIV is hereby deleted from this adoption by B. All of Sections 3, 4, 5 and 7 of Article XVI are hereby deleted from this adoption by reference. C. All of Article XVII is hereby deleted from this adoption by reference. D. All of Section 5 in Article XXI is hereby deleted from this adoption by reference. E. Article IV, Section 4-1, subsection (b) is hereby amended to read as follows: (b) Except when a special hazard exists that requires lower speed as described in section 4-4, the basic prima facie speed limit in this am.4 Jo reo►� o� s �o ic�ua s Page 2 - Ordinance No, 7 municipality shall be 15 miles per hour in any business district and 25 miles per hour in any residence district, unless otherwise posted with appropriate signs giving notice of a different prima facie speed limit as provided in sections 4-2 and 4-3 of this ordinance. Section A'Apolication of Ordinance This Ordinance and the Municipal Traffic Code shall apply to every street, alley, sidewalk or sidewalk area, driveway, park and to every public or private way and public or private parking area, whether within or outside the corporate limits of the Town, the use of which the Town has juris- diction and authority to regulate. The provisions of section 5-1, 5-2, 5-11, and 23-3 of the Municipal Traffic Code respectively concerning careless driving, reckless driving, unauthorized devices, and accident investigation shall apply not only on streets and highways but elsewhere within the Town. Section 0#4 Violations and Penalties Thereof It shall be unlawful for any person to violate any of the provisions of the Municipal Traffic Code as adopted and amended herein, or of any provision of this ordinance and any such violation shall be punishable as hereinafter provided. Every person convicted of a violation of any provision of the Municipal Traffic Code or of any provision of this ordinance shall be . punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section J. Filing Copies After the effective date of the adoption of the Municipal Page 3 - Ordinance No. 7 Traffic Code, three copies certified to be true copies by the Mayor and the Town Clerk shall be filed in the Office of the Town Clerk where they shall be kept for public inspection during regular office hours while this ordinance is in force. Section 44 Repeal All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. . Sectiont ? Severability It is the intention of the Board of Trustees that this Ordi- nance or any part of provision thereof, shall be considered severable and, if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section Effective Date This Ordinance shall be in full force and effect within thirty days after its approval and final publication as prescribed by law. }'�f",�.��.3.� Vr., at � J s, � Z-• Y � ' 3-�r� � { � -.p`+ ;-.s, 'Ci'' titr �� 1�A y�' ti t "T•' ���� '�� r � ; Y s � },a �. - i,s ki t� max,. F•s t '-Q ^�K y� �jw yC �s fir'Ht. 4�'96 _11 6 ���,-�I � �' �/�4� Mj K � �' L i - �. ti` •f s r t -,Ay 1 f •/ �, .• t'}MIX t s r s rt,• y i » .a } ,.yy��y* +, t. tx';1a �'. �6._, xs 4 n f 3a _.� 4 - R4' y fa , h � .. - .�� Fj. �- ��t o�c � -' �`� ?�° N,�y'i�� '� fi'fin ,�� � Y+r r5,2"we' � tox. $$,• � ,�, � r. r 40 1 � ,kS '1 ,,� �Mt 5. J�x t �40 3 4r't�-:� :`.r�mt'.��r�F Y ✓F.a } - • r a� ," i 411 ov VIs If "WO OWA - „s, �„ .. �'_ r4`Ji7�\i b � ..� . ;,.�' �� 'f �Rlia'i•.� ' iw 4'7it�E'�::�vr"��i _ L _ 3h �e,Ct'`4a�^ `a F:µ..'1fyC y.fi.� ii l�Fc��"`.'✓.oFy 3 x J' i } " . t x? - • * �' .- � kr � �� yj�am,. - Y`3nyK- » i i �Y� � f s 3 ti '� � • i a h ,y35 t r 2� . } �,: � .,f4xep+� e.. . X ez1 ' f ``-,�':�i. 1' a'�.•-• Y .t. ,.�.`, v,_,. ,�,,.,.�. _T:y , :' ri� {�.'? • ORDINANCE NO. J_ SERIES 1967 "AN ORDINANCE ESTABLISHING THAT LARCENY AND RELATED OFFENSES SHALL BE UNLAWFUL AND PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF." BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO. SECT ON 1. Definition and Offenses. Larceny is the felonious stealing, taking and carrying, leading, riding or driv- ing away the personal goods or chattels of another. Larceny shall embrace every theft which deprives another of his money or other personal property, of those means or muniments by which the right and title to property, real or personal, may be ascertained. Larceny may also be committed by feloniously taking and carrying away any bond, bill, note, receipt, or any instrument of writing of value to the owner. It shall be unlawful for any person to commit larceny in the Town of Vail. SECTION 2. Larceny by Bailee. It shall be unlawful for any bailee, by finding or otherwise of any money, bank note, or note, or goods or chattels, to convert the same to his own use with an intent to steal the same. SECTION 3. Lodger Taking Goods. It shall be unlawful for any lodger to take away, with intent to steal, embezzle or purloin any bedding, furniture, goods or chattels which he is to use in or with his lodging. SECTION 4. Penalties. Any person convicted of violat- ing any of the provisions of this ordinance shall be punished by a fine of not more than $300.00, or by imprisonment for not more than ninety days. SECTION 5. Fmergency. The Board of Trustees hereby finds, determines and declares that an emergency exists and this ordinance is necessary to the immediate preservation of the public health and safety because of the nature of these offenses to the public health, safety, welfare, morals, order and conven- ience of the Town of Vail and the inhabitants thereof, and the necessity for the immediate control of said offenses. SECTIO 6. Effective Date. This ordinance shall be in full force an effect w4thin five days after its approval by the Board of Trustees and final publication as prescribed by law. 17-A • SECTION 7. Safety Clause. The Board of Trustees hereby finds, determines and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort and convenience of the Town of Vail and the inhabitants thereof. SECTION 8. Severability. It is the intention of the Board of Trustees that this ordinance or any part or provisions thereof, shall be considered severable and, if any provisions of this ordinance or the application thereof to any person or circum- stance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. READ, PASSED,.ADOPTED AND ORDERED PUBLISHED this 23 J day of \&Aqn , 1967. ATTEST: Town Clerk Mayor 0 -2- • ORDINANCE NO.� SERIES 1967 "AN ORDINANCE CONCERNING THE EXTENSION OF THE SOCIAL SECURITY SYSTEM TO THE EMPLOYEES AND OFFICERS OF THE TOWN OF VAIL AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF EMPLOYMENT SECURITY, STATE OF COLORADO." WHEREAS, it is the considered opinion of this body that the extension of the Social Security System to employees and officers of the Town of Vail will be of great benefit, not only to the employees of the Town by providing that said employees and officers may participate in the provisions of the Old -Age and Survivors' Insurance System, and will also be of great benefit to the Town of Vail by enabling it to attract and retain in em- ployment the best of personnel and thus increase the efficiency of its government. WHEREAS, the 38th General Assembly of the State of Colorado, in regular session, enacted a statute, known as House Bill No. 291, which is the enabling Act provided for in Section 218 of Public Law 734, 81st Congress, which designated the De- partment of Employment Security, State of Colorado, to act as the Department to implement the coverage of employees and officer;; under the said Old -Age and Survivors' Insurance System. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO: SECTION 1. The Town of Vail is hereby authorized to execute and deliver to the Department of Employment Security, State of Colorado, a plan, or plans, and agreement, required under Section 5 of said enabling Act and the Social Security Act, to extend coverage to employees and officers of the.Town of Vail (except those employees and officers in elective positions or part time positions or where said employees and officers are paid on a fee basis) and do all other necessary things to effec- tuate coverage of employees and officers under the Old -Age and Survivors' Insurance System. SECTION 2. The Clerk is hereby authorized to establish a system of payroll deduction to be matched by payments by the Town of Vail to be paid into the Contribution Fund of the State through the Department of Employment Security, -and to make charges of this tax to the fund, or funds, from which wage or E salary payments are issued to employees of the Town of Vail. Such payments are to be made in accordance with the provisions of Sections 1400 and 1410 of the Federal Insurance Contribution Act on all services which constitute employment within the mean- ing of that Act. Payments made to the Department of Employment Security, State of Colorado, shall be due and payable on or before the 18th day of the month immediately following the completed calendar quarter, and such payments which are delinquent shall bear interest at the rate of i of 1% per month until such time as payments are made. SECTION 3. Appropriation is hereby made from the proper fund, or funds, of the Town of Vail in the necessary amount to pay into the contribution fund as provided in Section S (c) (1) of the enabling Act and in accordance with the Plan, or Plans, and Agreement. Authority is given to the Mayor and the Clerk of the Town of Vail to enter into an agreement with the Department of Employment Security, State of Colorado, which agreement shall be in accordance with House Bill No. 291 and with paragraph 218 of the Social Security Act. Such plan and agreement shall pro- vide that the participation of this Town of Vail shall be in effect as of March 1, 1967. READ, PASSED, ADOPTED AND ORDERED PUBLISHED this n � 3 I -Olt day of January, 1967.� Mayor . ATTEST: &,4 ZI Town Clerk / -2- • 40 0 ) ORDINANCE NO.� SERIES 1967 "AN ORDINANCE FIXING THE SALARIES OF ALL APPOINTIVE OFFICERS OF THE TOWN OF VAIL FOR THE YEAR BEGINNING JANUARY 1, 1967." WHEREAS the Town Board is required by law to fix the salaries of appointive officials for the Town of Vail for the year beginning January 1, 1967. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VA.IL: Section 1. That the salaries of the following appoin- tive officials of the Town of Vail for the year beginning January 1, 1967, are hereby fixed and determined to be as follows; to -wit: Town Treasurer - Town Clerk (Town Coordinator) $10,000.00 per year Police Magistrate $100.00 per month Town Marshal $550.00 per month INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this day of January, 1967. Attest: Town Clerk Mayor • ORDINANCE NO. SERIES 1967 "AN ORDINANCE CONCERNING THE OPERATION AND REGULATION OF TRAFFIC AND PARKING AND PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF." BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO: SECTION 1. Reckless driving. Any person who drives any motor vehicle anywhere within this municipality in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. SECTION 2. Careless driving. Any person who drives any motor vehicle anywhere within this municipality in a careless and imprudent manner, without due regard for road and traffic conditions or the safety of persons or property, is guilty of careless driving. SECTION 3. Parking not to obstruct traffic or main- tenance. No person shall park any vehicle upon a street or high- way or trespass upon any private property in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance. SECTION 4. Obedience to stop ing, standin.R or parking regulations. On any street or at any pace within this munici- pality where official signs are posted giving notice of stopping or standing restrictions or prohibitions, no person shall stop, stand or park a vehicle in any manner in violation of the pro- visions contained on such sign or signs except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device. • SECTION 5. Authority to impound vehicles. Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or highway right of way or trespassing upon any private property within this municipality in such a manner as to constitute a violation of any section of this ordinance, or left unattended for a period of 24 hours or more and presumed to be abandoned under the conditions prescribed by 13-5-71 C.R.S. 1963 as amended, such officer shall require such vehicle to be removed or cause the same to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this municipality, and the charges for said impounding and storage shall be charged to the owner of said vehicle. 0- • 0 SECTION 6. Speed Limit, Upon the basis of engineering and traffic investigation it is hereby determined that the maxi- mum speed limit allowed within this municipality shall be I E' miles per hour. This speed limit shall be in effect except where official signs are in place, giving notice of a lesser speed limit, in which case the speed limit on the signs shall control. SECTION 7. Special hazards. The fact that the speed of a vehicle is lower than the speed limit established by this ordinance, or as set forth on any official sign, shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance, or object on or entering the street in compliance with legal requirements and the duty of all persons to use due care. SECTION 8. Busses. Busses or other vehicles carrying the public shall be permitted to stop and engage and discharge passengers only at points designated by the Town Marshal. SECTION 9. Penalties. Any person convicted of vio- lating any of the provisions of this ordinance shall be punished by a fine of not more than $300.00, provided that each separate act in violation of the provisions of this ordinance or each and every day or portion thereof during which any separate act in violation of this ordinance is committed, continued, or permitted shall be deemed a separate offense. SECTION 10. Emergency. It is declared that an emer- gency exists and that this Ordinance is necessary to the immediate. preservation of the public peace, health, safety and general welfare, and shall be in force and effect Five (5) days after publication. READ, PASSED, ADOPTED AND ORDERED PUBLISHED this day of , 1967. ATTEST: ; 4" Town Clerk/ -2-