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HomeMy WebLinkAbout1973-04-11 Town Council Minutesy %+ MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VA'IL A PR I L 11, 1973 • A work session of the Town Council of the Town of Vail was convened at 2:04 p. m. , April 1 1 , 1973, in the Conference Room of the Vail Municipal Building. Mayor John A. Dobson and the following Councilmen were present: John Donovan Joseph Langmaid Josef Staufer Tom Steinberg Gerry White Also present were: Terry Minger, Town Manager Larry Robinson, Town Attorney Joe Montano, Special Counsel John Holloway, Special Counsel Mayor Dobson noted that Mr. Montano and Mr. Holloway were present to discuss the Antholz condemnation and surrounding litigation. Mr. Holloway explained that the joint venture had sought to enjoin the passing of the ordinance and, secondly, the filing of the condemnation suit. The law is well settled that the courts will not enjoin a legislative body from passing a Law; rather, they will enjoin the enforcement. Also, it is well settled that the courts will not enjoin a body from exercising the power of eminent domain as the other party has a remedy at law without the injunction. A separate suit was also filed to disconnect the property from the Town. The joint venture appeared to be arguing that the Town cannot condemn outside its boundaries; however, as a; home rule town,. Vail does not operate under the statutes, which do prohibit this type of condemnation, but under the Constitution, which allows condemnation outside of the boundaries. The suit to disconnect will be heard on May 22. The joint venture has now appealed the decision against the granting of an injunction. I.f they should lose in the Court of Appea Is, they have no further right to be heard; the Supreme Court would have to choose to hear the case A petition for condemnation has been prepared. It will be filed in Eagle on the 12th or 13th. The joint venture has 20 days to answer the petition; they will probably set forth a number of objections. The Court will hear these objections before they appoint a commission to determine the just compensa- tion. The general feeling was that this petition should be filed as soon as possible; Mr. Montano noted that the joint venture has not asked for a "stay of execution" of any of these further steps. Mr. Holloway suggested that the joint venture might drop the disconnection action if it would hurt them financially in terms of the valuation of the property. Councilman Langmaid inquired how requests for building permits on this property should be handled. Mr. Minger felt this should not be a problem as they cannot be given one if the land is not platted. Mr. Robinson clarified that this is only true if the Land is to be sold; otherwise, they can build for their, own use. He felt the reason they would not build is that there are no water and sewer Lines. Mr. Robinson remarked further that there is no procedure for disconnecting from the water and sewer district; hence, they might be out of the town, but in the District. Mr. Minger felt that, in this case, the District would file suit against them. Returning to the question of condemning outside of the boundaries, Mr. Holloway noted that there is also a statutory provision which allows this type of condemna- tion for park purposes. Possible objections to the condemnation petition might 0 • be: 1 . that the Town did not negotiate in good faith; 2. that the exchange proposal is not allowable; 3. that the condemnation is not necessary; 4. that the Town cannot condemn outside of its boundaries. After some dis- cussion, there was genera[ agreement that the effort to disconnect should be vigorously resisted. It was explained that if they were successful in disconnecting from the Town, the property cannot be subdivided into lots sma[ter than those allowable in Town nor can it be put to any industrial or commercial use that would not be allowable under the zoning of the Town for a period of six years., Councilman Langmaid inquired what would happen if the Town won the condemna- tion suit but lost the bond issue. It was generally agreed that the election on the bond issue would be held prior to a court determination of the condemna- tion question. Mayor Dobson asked when it was estimated that the Town would have possession of the property if they won the suit. Mr. Holloway noted that three appeals are possible; however, such a lengthy procedure would not be advantageous to the joint venture economically. After the petition is filed, the Board is entitled to see the appraisals the joint venture has received. It was mentioned that the Colorado Municipal League conference will be held in Colorado Springs in June. Any of the Council members who would like to attend are invited to do so. As there was no further business, the session adjourned at 3:10 p. m. Town Clerk Page 2