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HomeMy WebLinkAbout1976-12-21 Town Council MinutesMINUTES REGULAR MEETING VAIL TOWN COUNCIL 21 DECEMBER 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, December 21, 1976, in the Vail Municipal Building Council Chambers. Mayor John Dobson and the following councilmembers were present: Josef Staufer John Donovan Bill Heimbach Bob Ruder Bill Wilto Others present included: Terrell J. Minger, Town Manager Larry Rider, Town Attorney ORDINANCE No. 34, Series of 1976, making supplemental appropriations from the General Fund, the Vail Transportation Center Special Revenue Fund, the Federal Revenue Sharing Fund, the Youth Services Project Fund, and the Ice Rink Construction Fund, was introduced on second reading. Mayor Dobson explained that the appropriations would total $74,000. Councilman Wilto moved to approve the ordinance on second reading; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. ORDINANCE No. 35, Series of 1976, adopting the 1977 Budget and ,Financial Plan, was introduced on second reading. Mayor Dobson stated that this ordinance was the annual appropriation ordinance adopting a budget for the Town of Vail. Macci Carmody asked whether the budget had been cut in lieu of the loss of sales tax to date and if it had been structured so that the Town would not have to borrow short-term in 1977. Controller Bill Pyka stated that the answer to both questions was yes. Councilman _Donovantheh moved to approve the ordinance on second reading; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. ORDINANCE No. 36, Series of 1976, regarding the Bighorn street improve- ments, was introduced on second reading. The Town Manager explained that the Bighorn Street Improvement District had been formed to pave the streets and ways in the Bighorn area of the Town and that in order to pay for,the paving, residents of the area had been assessed in accordance with their zoning. He stated that 19 objections to the assessments had been received by the Council prior to tonight's hearing, and that the Council now must decide how to dispose of the objections. Mr. Kent Rose then read all 19 objections into the record along with the stafff recommen- dations. He added that the requirements of Ordinance 14, Series of 1976, establishing the District had been complied with and that the improvements were now completed. Mr. Sam Maphis of Briscoe, Maphis, Murray and Lamont. explained the equivalent unit basis for arriving at the assessments, based upon existing zoning. The Town Attorney stated that Allan MacRossie, a local realtor, had reviewed the project and had found it to hold certain benefits regarding property values to the property owners of the Bighorn area. Since Mr. MacRossie was unable to attend the meeting, he submitted a letter outlining his findings, which Mr. Rider read to the Council. Mr. Rider then stated that, as outlined in his memo to the Council, the equivalent unit method of assessment was unusual, but that in his opinion Minutes/Regular Meeting 21 December 1976 Page Two it was equitable and fair and that the assessments did not exceed the benefit to property owners. Mr. Bill Pyka, Controller, stated that the assessments were due on December 24 and must be paid in full by January 23, 1977. He added that if the assessments were not paid by those dates, they would automatically be placed on an installment plan of 20 install- ments over a 10 year period, decreasing in amount each year, and at an interest rate of 9.3%. Mr. Rider then invited any protestants to make their presentations. The Mayor read down the list of protests, and the first protestant to address the Council was Dave Elmore. Mr. Elmore stated that his property was in a Residential Cluster zone, but was a Low Density nonconforming use, therefore, he requested that his assessment be lowered to the LD equivalent unit. Mr. Rose replied that no consider- ation had been given to nonconforming uses. Councilman Staufer also questioned Mr. Elmore's assessment as being too high. Councilman Donovan asked whether other property owners in similar situations could ask for rectification if the Council lowered Mr. Elmore's assessment because of the nonconforming use. Mr. Rider replied that the time had expired to raise objections, that all Protestants had to appear before the Council tonight, therefore, no one else could ask for the change. Councilman Heimbach then asked if the Council could change the assessments of other nonconforming uses. Mr. Rider again replied no; that the purpose of the hearing was to hear protests, not to make changes in general. Mr. Maphis suggested that if the Council lowers Mr. Elmore's assessment, they should then add on the cost of his driveway paving, which had been left off in. the beginning since his assessment had been at the maximum for his zone. Councilman Donovan then moved to assess Mr. Elmore's property at the .5 (LD) equivalent unit rather than at the .75 (RC) equivalent unit and to add the driveway cost to the resulting figure; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. Ms. Bonnie O'Leary's assessment was protested by Macci Carmody, who stated that one of Ms. O'Leary's lots houses the Bighorn Water District's water pump, and that Ms. O'Leary felt the water district should be assessed for that lot. The staff stated that it had found no proof anywhere that anyone but Ms. O'Leary owns both lots, with no record of any interest by the Bighorn Water District. Mr. Rose added that the lots were assessed at the Single Family zoning to which they had just been rezoned. Councilman Donovan moved to deny the protest; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. With no further protests, Councilman Donovan moved to accept the staff recommendations on all the protests except for Elmore and O'Leary, which had been disposed of separately; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. Councilman Ruder then moved to approve the ordinance on second reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. ORDINANCE No. 37, Series of 1976, regarding parking regulations for the Vail Transportation Center, was introduced on first reading. Mr. Minger explained that the ordinance would prohibit certain uses within the parking structure. Mr. Lou Parker asked where vehicles over the height restriction might be parked, and Mr. Minger replied that they could be parked on top of the structure rather than within it. Councilman Wilto moved to approve the ordinance on first reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTION No. 34, Series of 1976, regarding the need for a full service hospital facility in the Gore Valley, was introduced. Mr. Minger explained that the Vail Hospital was planning an expansion and had requested a supporting resolution from the Vail Town Council. Mr. Chuck Tubbs, hospital administrator, was present and thanked the Council for its time. He added that the resolution was necessary for the Certificate of Need required by the State Department of Health. Councilman Wilto stated that the resolution implied no financial support from the Town. Councilman Donovan moved to approve the resolution; Councilman Staufer seconded the motion; all present voted in favor; and the motion carried. Minutes/Regular Meeting 21 December 1976 Page Three �3s RESOLUTION No. Series of 1976, regarding additional funds for the construction of the I-70 overpass, was introduced. Mr. Minger explained that this resolution would be an amendment to Resolution No. 11, Series of 1976, which provided Federal highway funds for the Vail overpass project. He added that since the cost of constructing the overpass has increased, this amendment would provide for additional Federal funds as requested by the Town. He also announced that the bid opening for construction of the overpass would be held on January 6, 1977. Council- man Heimbach moved to approve the resolution; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. Regarding the appointment of an Assistant Municipal Judge, the Council, by secret ballot, chose Terry Quinn. Applicants included Kathy Schindelar, Cyrus Allen, George Rosenberg, Lou Parker, and Ed Draeger. Applicants to fill the Council vacancy left by Kathy Klug's resignation included Rod Slifer, Gerry White, Dick Elias, and Paula Palmateer. Macci Carmody spoke in favor of Mr. Elias, and others present spoke in favor of a representative from Lionshead. Councilman Donovan stated that this appointment would not be to fill out Mrs. Klug's term, which had been .. for fouryears, but _would run until the next Council election in November, 1977. Then by secret ballot, the Council chose Mr. —'Rod Slifer to fill the vacancy. Mrs. Palmateer expressed gratitude for the support given her and promised to run for Council office in November. With no further business, the meeting was adjourned at 9:25 P.M. ATTEST: To er�.t /�tG.r.�c-[