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.
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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.
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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.
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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.
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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
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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
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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
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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 /
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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
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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.
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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/
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