HomeMy WebLinkAbout1973-04-11 Town Council Minutesy
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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
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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
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