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
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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.
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