HomeMy WebLinkAbout1978-09-05 Town Council MinutesAGENDA
VAIL TOWN COUNCIL
REGULAR MEETING
5 SEPTEMBER 1978
7:30 P.M.
ORDINANCES AND RESOLUTIONS
1. Ordinance No. 26, Series of 1978, second reading, annexing
territory owned by Vail City Corp. and Elmore & Associates,
Inc. to the Town of Vail.
2. Ordinance No. 27, Series of 1978, second reading, adopting
by reference the 1977 "Model Traffic Code".
3. Ordinance No. 28, Series of 1978, an emergency ordinance
amending Title 17 of the Vail Municipal Code with regard to
condominiums and conversion of rental units to condominiums.
4. Resolution No. 20, Series of 1978, expressing.appreciation
to Don Newcombe for his efforts to educate the public about
alcohol and designating the week of September 17-23, 1978,
Alcohol Awareness Week.
5. Resolution No. 21, Series of 1978, amending the Town of Vail's
Employee Pension Plan to conform with the requirements of
the Employee Retirement Income Security Act of 1974.
PRESENTATIONS
6. Vail Associates, Inc. - presentation regarding cloud seeding.
7. Shapiro Construction request for recreation easement trade,
Town Homes at Faliridne, Sunburst Filing #2.
S. Discussion regarding resident housing.
9. Appointment of one new nember to,'Planning and•Environmental
Commission. Applicants: Ralph E. Davis, Jr.
Jack
Richardrd MM.. Crosby
James Morgan
Tom Carnevale
Dudley Abbott
TOWN MANAGER REPORTS
TOWN ATTORNEY REPORTS
CITIZEN PARTICIPATION
s
TOWN COUNCIL
REGULAR MEETING
September 5, 1978
MEMBERS PRESENT: Mayor Rod Slifer STAFF: Terry Minger, Town Manager
John Donovan Larry Rider, Town Attorney
Scott Hopman Stan Bernstein, Finance
Paula Palmateer
Bob Ruder
Tom Steinberg
Bill Wilto
Ordinance No. 26, Series of 1978 second reading. Slifer gave a brief
introduction and explained that the Elmore & Associates parcel of property
was in the Matterhorn. area and adjoins the Glen Lyon Subdivision. Tom
Steinberg raised a question about Judge Jones' ruling on annexation and
how it related to this parcel. Larry Rider gave his interpretation.
As there was no further discussion, Tom Steinberg made a motion for
approval; seconded by John Donovan. A unanimous vote was recorded.
Ordinance No. 27, Series of 1978, second' reading. Slifer read the "title"
and Larry Rider gave a more detailed explanation of this ordinance.
Bill Wilto made a motion for approval; seconded by Paula Palmateer. A
unanimous vote was recorded.
Ordinance No.'28, 'Series of 1978, 'an emergency ordinance. Scott Hopman
felt that he had not had enough time to 'digest" the ordinance and
discussed the possibility of not passing it as an emergency ordinance but
voting on it as a regular ordinance; therefore,making this hearing the
"first reading". Wilto was against this as was Donovan.who felt that
the purpose of the ordinance was too important to wait.
Mr. Sandy Lampo, representing the Butterwick Enterprises, read into the
record a letter dated 9/5/78 which stated their project improvement plans
for the Apollo Park project and felt that because of the previous
recordings of deeds and various committments made that their project would
itbe exempt from the ordinance.
Larry Rider then gave a detailed explanation of the proposed ordinance
and how it would effect developers and property owners who wished to
convert their property into time-sharing units or condominiums.
A 10-minute recess was taken so that the Council could review the proposed
ordinance properly. Upon reconvening, citizen participation was then
entertained. As there was no further discussion, Donovan made a motion
for approval; seconded by Palmateer. A unanimous vote was recorded.
Resolution No. 20, Series of 1978, expressing appreciation to Don Newcombe
for his efforts to educate the public about alcohol and designating the
week of September 17-23, 1978 Alcohol Awareness Week. Donovan moved -'for
adoption of Resolution No. 20; seconded by Steinberg. A unanimous vote
was recorded.
Resolution No. 21, Series of 1978, amending the Town of Vail's Employee
Pension Plan to conform with.the requirements of the Employee Retirement
Income Security Act of 1974. Stan Bernstein explained the proposed
amendment and that there was no financial impact to the Town. Wilto made
a motion for approval; seconded by Donovan. A unanimous vote was recorded..
Vail Town Council
Regular Meeting
September 5, 1978
Page Two
Vail Associates - Cloud Seedin& Bob Parker, representing Vail Associates,
gave a presentation regarding cloud seeding and explained that the cost
per acre to Vail would be $80.42 at 270 or $53.00 at 220. This amounts
to $821 per acre at Mid -Vail and Vail could expect to receive an
additional 51 of snow during November. He then pointed out the legal
and insurable considerations and generator sites. It was noted that the
State is not participating in the cloud seeding program this year. As
there was no further discussion Bill Wilto made a motion to have a
supplemental appropriation drawn up along the guidelines outlined by Bob
Parker for cloud seeding; seconded by Tom Steinberg. A 6--1 vote was
recorded in favor of the motion. John Donovan was the opposing vote.
Shapiro Construction. Jim Rubin explained that Abe Shapiro wanted to
create two smaller recreation easements instead of the required one and
how it would affect the Special Development District created by FallridgeJ
Sunburst, Bill Wilto made a motion for approval; seconded by Steinberg.
A unanimous vote was recorded.
Resident Housing. Slifer gave a summary of the discussions that had
transpired during the past several weeks regarding resident housing and
potential sites, etc and what goals the Town should arrive at in relation
to this problem. A lengthy discussion was then entertained between
the members of.the audience and Council, including the question of
private enterprise vs. Town of Vail participation in the building of
employee housing units. No action was taken at this time.
Appointment of Planning and Environmental Commission Member. Jim Morgan
was appointed.
Paula Palmateer made.:reference to the RARE II meeting and Tom
Steinberg suggested that the Town look into the cost and feasibility of
exempting food from the Town's sales tax and give a report back to the
Council before budget hearings. Slifer made note of the Council'.s
meeting with the County Commissioners about an increase of 1% in the tax
revenues of which 1% of the Town's 7% would be given to Eagle County.
As there was no further business, the meeting was adjourned.
ATTEST:
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TOWN CLERK
11
El
�y
lowu of Vail
box 100 office of the town manager
vail, colorado 81657
(303) 476-5613
INVOICE
TO: MR. JEFF MARSH
MANAGER
THE WREN
NAIL, COLORADO
FOR: DUB OF TAPE AND TRANSCRIPT OF
PROCEEDINGS REGARDING ORDINANCE
NO. 28, SERIES OF 1978, FROM
MEETING OF THE VAIL TOWN COUNCIL
ON SEPTEMBER 5, 1978.
PLEASE MAKE CHECK PAYABLE TO:
MS. DIANA ISGRIG
PO BOX 624, VAIL, CO.
FOR TRANSCRIPT OF PROCEEDINGS..........
6 hr5 @ $5.00 per hour ..... $30.00
PLEASE MAKE CHECK PAYABLE TO:
TOWN OF VAIL
PO BOX 100, VAIL, CO.
FOR DUB OF ENTIRE MEETING OF TOWN COUNCIL
ON SEPT. 5, 1978...................
4 CASSETTE TAPES @.$3.50 ea.
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Thank You
u
0
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TRANSCRIPT OF ORDINANCE 28
TAKEN FROM THE TAPED MEETING
OF THE TOWN COUNCIL ON SEPTEMBER
5, 1978.
MAYOR ROD SLIFER:
Next is Ordinance 28 Series of 1978
an emergency ordinance amending Title 17
of the Vail Municipal Code with regard to
condominiums and conversion of rental
units to condominiums. I'll read the title
of the ordinance, emergency Ordinance
amending Title 17 of the Vail Municipal
Code by the addition of a Chapter 17.40
relating condominiums and conversion of
rental units to condominiums or non rental
units setting forth definitions requirements
for the tenative map and prelimenary map,
requirements for the final map and partial
map, specifying procedures for review of
the proposed conversion and specifying the
types of security that the Town may require
for improvements. Stating the detail
requiring the immediate enactment of this
ordinance and declaring this ordinance to
be an emergency ordinance in accordance
with Section 4.11 of the Charter of the
Town of Vail and setting forth details
in relation to the foregoing.
MAYOR:
Has the Council read the ordinance?
SCOTT HOPMAN:
I for one, really haven't had a chance to
totally digest this ordinance because we
were just given the ordinance a little bit
before we came to session.
PAULA PALMATER:
Mayor, I go along with that too.
SCOTT HOPMAN:
My comment would be that either we take a
little time to digest it and or if we are
going to pass it as an ordinance that it is
passed as a regular ordinance and not as an
emergency ordinance and we look at it in the
Page 2
first reading.
• MAYOR:
Ok.
SOMEONE IN AUDIENCE:
Can you speak louder?
MAYOR:
Did you not hear his comments?
SOMEONE IN AUDIENCE:
No.
MAYOR:
Scotties comments were that we just received
this prior to the meeting this evening and
he hasn't had time to really digest it and
that he suggests a possibl.ity of not declaring
it an emergency ordinance but rather regular
ordinance and this be the first reading
of that ordinance. Is that pretty much
the summary of your comments?
MAYOR:
Bill?
BILL WILTO:
Mr, Mayor, I think the meat of the ordinance
is really on Page 6 and I don't think that it
takes that long to read through that and we
are all aware of whats happened in the last
couple of weeks, and I think rather than
take a chance of anything more of that same
nature happen I think we should attempt to
pass the ordinance tonight if possible.
MAYOR:
Ok. Any more comments from Council before
we proceed? Ok.
JORN DONOVAN:
To concur with Mr. Wilto's opinion, I think
that you have to be a speed reader, I've been
reading it for the last two ordinances and
I think that it would be beneficial for us
to read this in its entirety and work on this
as an emergency ordinance because in the past
we have taken a very dim view of emergency
ordinances and I believe that this has upset
the subsequent nature, that it is important
that we read this tonight and pass it or
deny it as the case may be. But lets at least
know what we're getting into.
MAYOR:
Ok.
Page 3
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MAYOR: Before we just have open discussion I
believe that MR. Sandy Lample, who is one
of the parties involved in the Apollo Park
project would like to read into the record
something, or a letter that they have submitted
to the Council in regards to this ordinance,
and if he would do so then we will open it
up to discussion.
MR SANDY,LAMPLE: .Mr. Mayor, pursuant to the work session of
the Town Council this afternoon we are reading
into the record a letter dated September 5, 197
and I will
"Mr. Mayor and Members of the Vail Town
Council, City Manager, City Attorney,
Dear Sirs and Madam:
Butterwick Interprises, Ltd., purchased
Buildings A and B Apollo Park at Vail for
$2,350,000 on August 3, 1978. The land was
acquired under a ground lease on the same day.
The Warranty deed, ground lease, plus condominium
declarations, condominium map, and interval
ownership declarations are filed for record
in the Clerk and Recorders office of Eagle
County, under reception numbers attached
hereto for your reference. The Articles of
Incorporation for Apollo Park at Vail Associati
a non-profit corporation are filed with
the secretary of the State of Colorado. The
Board of Directors of Apollo Park at Vail
Assocation have elected officers and adopted
by-laws. In our opinion and in the opinion
of Council, we have the right at this time
and in the future to begin selling time-share
intervals in both Buildings A and B Apollo
Park at Vail. We shall immediately begin to
remodel and market Building A for time -interval
Page
MR. SANDY LAMPLE
In an effort to assist the Town with its
CONTINUED
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employee housing problem we agree not to
remodel Building B, or market same as time -
intervals until the end of the 1978-1979
Ski Season and will continue to offer it
until such time for long-term employee
housing. We are doing this with a specific
understanding that this use of Building B
until the end of the 1978-1979 Ski Season
will not be inconsistent with are intent
to remodel and market Building B, as time -
intervals at the end of such ski season."
Respectfully submitted,
Bruce Butterwick
Attached is a schedule of the various
recordings that Town Council had requested
that we supply to them, which indicate and
I don't believe unless Town Council wishes
I read into the record each and everyone
of the reception numbers and the book and
the page of various documents. Thh,t they
have all been recorded with the Eagle County
and we believe that the .... part of the
thrust of the proposed emergency ordinance
was directed at the Apollo situation and we
feel that obviously the ordinance would be in-
applicable to Apollo because of the statis
of having filed and recorded.
MAYOR: Thank you Sandy. I think I maybe got a little
out of sequence, I think that it would be
appropriate at this time to have Larry Rider
i
the Town Attorney, explain Ordinance 28 Series
of 1978.
LARRY RIDER: Mr. Mayor, Members of the Council, and the
Public.
Page 5
LARRY RIDER CONTINUED:
This proposed ordinance does a
.
couple of things: the first thing
that it does is that it treats
condominiums and condominiumization
of property the same as subdivisions
are treated. What it does is require
that to people who want to make their
property as condominiums or build
condominiums have to come in and
follow the same kind of procedures
that a person that wants to subdivide
the land would have to follow. Prior
to this time if you had the area
owned as common property and you
wanted to put condominiums in the air
spaces all you had to do was file the
map and the condominium declarations
and by-laws for the associations and
you were then free to go ahead and
build the condominiums or what ever
you were going to do in this space.
This requires a review process by
the Planning Commission that is very
similar to a subdivision, a review
were you have to come in a show that
you are providing easements and providin
a adequate means to take care of the
property and those kinds of things.
The second item that this does is that
it relates to the converting of property
to condominiums, so if Mr. and Mrs.
Miller own a duplex and they want to
sell the one side as a condominium they
would have to come and go through the
process in order to get approval. If
someone else in town owns an apartment
Page 6
LARRY RIDER CONTINUED:
house and wants to turn the apartments
•
into condominiums they would have to
come in and apply and get approval,
and some of the things they would have
to show in order to be approved on
that conversion, are that there is
not going to be a significant impact
upon the availabiltiy of moderate and
low income units. Of course, if they
were expensive units before and were
going to be expensive units after
then that criteria would not apply
and they could go ahead then and
proceed, they would still have to seek
approval but it will not be reviewed
on the basis of the availability of
moderate and low income units." A
couple of things that have been added
since this ordinance was originally
submitted to the public and I would
just call your attention to them, is
that on Page 5 under number 5, whst
we've done is required that upon
conversions that not only does the
project have to meet the present
building code but it also has to pay
a present taxes and fees. With a credit
for what was previously paid. For
example if the project was built as
accommodation units and they paid there-
for a lower recreational amenties tax
upon conversion they would have to
pay a recreation amenties tax according
to the use as a dwelling unit. The
other item that I've added to this is
that originally it required that the
Page 7
LARRY RIDER CONTINUED:
person making the conversion had
•
to give a five day notice to the
tenants .that they were going to
ask for approval to convert but in
addition to that we added a provision
that gives to tenants the right of a
90 day option to purchase the unit
at a fair market value, and if the
person selling sets the fair market
value to high. the planning Commission
can use that as a reason to deny
an conversion required. A lot of things
in this are put in here without
really alot of return from the Council
or from the Planning Commission, I'm
sure that as we go along we'll find
that some of them apply and some of
them are surplus, but I'm sure we'll
be back into this a number of times
to amend it and strengthen it and add
to it. Additionally I added a
today an actability clause that says,
"the terms of this ordinance shall be
applicable to condominium projects
that are commenced or converted after
the effective day of this ordinance."
JOHN DONOVAN:
Your Honor, this is a very landmark
decision by the Town of Vail, and
since we requested opinion we have
not had a chance to digest it, I would
ask for a 10 min. recess for the
Council to read and understand this
ordinance in its full complexities.
MAYOR: Paula, did you have a.....
PAULA PALMATER: I was going to comment I've seen an
emergency ordinance before, its one or
two pages and this is an awful lot to
Page 8
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PAULA PALMATER CONTINUED: digest and if there is even a
typographical error I want it to be
enforceable and not challengable as
such.
MAYOR: Ok. Larry is that ......
We have a motion that we have 10 min.
adjournment so that the ... recess so
that the Council can in quite read
the ordinance , we have just received
it, we had a draft that we received
about two weeks ago but I think that
there are substantial changes. The
motion was made by John Donovan and
seconded by Dr. Steinberg. Mr. Rider
said that that is in order procedurally.
All in favor vote by saying "Aye"
Unanimous.
If you will all bear with us will
have about a 10 min. recess and be
right back and you may read it while
we are gone.
DONOVAN: I suggest we go in the Police Converence
Room.
MAYOR: Will go in the Police Conference Room,
which is just behind here. We'll back
(following recess) in about 10 min.
MAYOR: Can we call the meeting back to order
please? Stan is everyone out of the
hall?
We did convene and session in the
Police Conference Room . The meeting
i
was not private, it was public and
was attended by the press and a couple
of other interested parties,,so I think
everything was above board.
The discussion were fairly technical
Page 9
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MAYOR CONTINUED: in nature and I would at this point
just open up the floor discussion
from the Council, any comments in
regards to Ordinance No. 28.
DR. STEINBERG: I think that Larry should read the
exemption that was put in to the Public.
MAYOR: We did add ... we did not add, we
proposed to add a change on Page 8
and would have Larry Rider spell out
that addition.
LARRY RIDER:
At the request of the Council Mr. Mayor,
we added a Section 17.40.135 entitled
Exemptions, to read that the terms of
this ordinance should not apply to
developments of two units, so duplexes
would be exempt from a requirements
of the ordinance. I would point out
just one other thing, there is typo
on Page 4 and it should be at the top
Chapter 17.16 rather than 60.
MAYOR:
I'm sorry were is that Larry?
LARRY RIDER:
On top of Page 4, it says specified
in Chapter 17.60 it should be 16.
MAYOR:
OX. Third line? Ok
Does everyone understand the change,
it is a change on Page 8, where the
Council feels that the conversion of
duplex units, where an individual is
building two units to sell one trying
to finance his ability to live in the
other unit is a fairly strict and thats
not really the purpose of this ordinance
so we would like to exempt from the
ordinance if someone built a duplex
he would not have to go through this
whole process if he wants to sell half
the duplex.
Page 10
MAYOR CONTINUED: With that are there any questions
or comments from the floor?
SOMEONE IN THE AUDIENCE: I would like a clarification about
Mr. Rider on 17.40. (inaudiable)
Your understanding Mr. Rider is
that (inaudible)
this ordinance, that because of
any declaration has been filed and
recorded that that satified your
definition of immensity and therefore
not subject to the provision of this
ordinance.
LARRY RIDER:
That's correct.
MAYOR:
JAY? Why don't you identify
yourself for record.
JAY PETERSON.
I am Jay K. Peterson, Attorney in town.
Larry does this, what about a
condominium project that is currently
under construction, like Laziers
project Site 9, obviously a condominiun
project but under this Section would
appear that that may be a condominium
conversion, that it is obviously not
condominiumized yet because no map
has been filed and you can't draw a
map until you (inaud)the project, and
also does he have to go through these
subdivision regulations eventhough he
taken the whole thing through the flow
of the current zoning ordinance?
LARRY RIDER:
Be my opinion that the project would
not be a conversion, and because he
has commenced and his rights investec
■
Page 11
LARRY RIDER CONTINUED:
. JAY PETERSON:
LARRY RIDER:
L
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MAYOR:
JAY PETERSON:
MAYOR:
JAY PETERSON:
JOHN DONOVAN:
JAY PETERSON:
under a previously granted approval.
So he would not have to do all this.
But, it would be nice if he filed his
map and declaration.
Any other questions or comments?
Ordinance no. 28.
I have another question on a
conversion aspect. The market value
that the Planning Commission can
determine ....
Which page are you on?
Page 6.
17.40.090, middle of the page.
The Planning Commission would really
have the right to determine the
preliminary market value and that really
bothers me some, we have people who
are sitting there may want to buy one
of these or what ever.... their saying
"hey that unit is worth$100,O00, maybe
its worth 140,000, maybe its worth
80, why can they tell somebody that
the unit is worth x number of dollars?
Thats not fair.
JOHN DONOVAN: We are attempting to keep the developer
from high -balling the occupants out
of the unit.
JAY PETERSON: But if the fair market he could get
from the outside person on x number
of dollars that would be fair market
value.
PAULA PALMATER: That would come from the applicant
initially.
JAY PETERSON: The fair market value of it?
PAULA PALMATER: Thats correct, and the Planning Commiss
would only question it if they felt
it was out of ordinance.
Page 12
JAY PETERSON:
In the last year I would think that
•
every single price would be questioned
by the Planning Commission. There
outrageous. But obviously there fair
market value because you can't buy
any unit in Town.
I think that is just fraught with all
kinds of problems and favoritisms
everything else.
I could understand the reasoning
for the ordinance and the conversion
aspect of it, but it seems when a guy
comes in he should have the right sell
what he can get on the outside market.
Unkown
I think are intent and I would like
to see it left in there, if you have
some apartment complex in town where
the owner would want to get an unreason-
able profit out of it and our attempt
here is to maintain those units for
the local resident and if this is what
it takes to do it, then lets leave it
in.
LARRY RIDER:
I think another thing Mr. Peterson
has said that they term fair market
value is a word of art has meaning in
the market place, and I think if the
Planning Commission came in and acted
in an arbitrary manner they would be
subject to attack. The reason that the
may is in there because it is a may
they don't have to, but I think that
its something to protect the tenant
gives him an option to ., that he can
excerise it if he can come up with the
money and huh.. what we don't want
Page 13
LARRY RIDER CONTINUED:
is having a developer come in pricing
$50,000 units at $100,000 just so that
know tenant buys. There has to be
some hammer, I think that this is the
hammer that we've picked, its a word
thats used in the industry and I think
you could easily justify a fair market
value for you.
MAYOR:
Jay, I think one other comment thats
worth making at this point in time,
is the Council realizes this is maybe
.
one of the more complicated ordinance
we have ever adopted or proposed to
adopt and that we would immediately
send it to the Planning Commission
and possible to the Rousing Task Force
and ask them for their immediate
technical comments. Then based on
that imput and further study ourselves
this ordinance can be amended. We
fully intend to do that. It's very
technical and based on some other
ordinances as Larry stated in other
communities, but we would certainly
intend to further study it and it will
not stop in this point in time.
ED DRAGER: Ed Drager, I'm an Attorney in Town
also on the Planning Commission. Couple
of points seem to (inaudible)
Couple things bothered me initially
. maybe after I read the whole thing
and digest it all my fears will go
away. One, the correction to eleminate
duplexes from (inaud) is a very good
one. We've just totally (inaud)
Page 14
• ED DRAGER CONTINUED:
•
LARRY RIDER:
ED DRAGER:
LARRY RIDER:
if somebody tryed to do a duplex go
through this whole thing with time
constraints and everything else.
Second, it appears in here under 17.44
Larry correct me if I'm wrong.
It requires anybody converting
(inaudible)
Right.
Mould you think this might(inaud)
sometime restraint on alienation?
No its a limited right only for 90
days, at the end of the 90 days
they don't buy it then their free
to sell it to anybody. If it was
forever .....
ED DRAGER: Looking at the market value for any
one who wants to convert, yet you
say anybody who already commenced
construction regardless of what he's
going to sell for or for whom he's
going to sell, he has a pre right to
sell to anybody at any price, no
one can justify. It would seem to
me if we are going to get everyone
who is already in existence and completed
in Town, we should get those still under
construction, and have to file their
condominium documents.
LARRY RIDER: If their under construction with no
tenants there would'nt be anybody
• to buy.
ED DRAGER: They could by-pass that and put the
rest into effect and make sure they
factuate everything else your trying
Page 15
ED DRAGER CONTINUED: to do with this ordinance. What is
good for one should be good for the
rest. Make sure that their not running
to high a price that you just spoke
of or something of that nature. Their
building then maybe some other people
in the Town would like to buy them
But if the man... we can regulate
one person what he can charge maybe
we should regulate them all or regulate
no one.
LARRY RIDER: Fair market value is what a willing
buyer will pay to a willing seller.
ah and thats the market place. It
like in any condemnation case or
anything else you've got to prove
fair market value. If the guy thinks
he could get more than the Planning
commission thinks its worth, then
ah the Planning Commission acted in
a arbitrary manner then he challenges
If he feels that he got a good price,
I think Planning Commission's as a
member have a tendency to be reasonable
ah they ...
ED DRAGER: But we have never had to look at prices
before.
LARRY RIDER: But I think its a kind of thing that
90 days is not an unreasonable period.
If you get up to a year maybe where
the guy has right to come in and buy it
iif ... you know we could have done it
any number of ways, we could have said
as a willing buyer then the tenant has
the first right to buy it at that rate
Page 16
LARRY RIDER CONTINUED:
PAULA PALMATER:
•
Unknown
ED DRAGER:
0
You know like bray - sell agreements.
But I think that this is as easier
as there is and will work.
Ed, I don't have a problem with this
because the intent of the ordinance
is to ah control or at least scrutinize
units that are under one ownership
and are rental, from turning into
individual condominium ownerships_
Any project already under construction
has been approved as condominiums
even though the plat area via map
hasn't filed to
I don't believe thats true.
I'm not sure that we looked at that
(inaudible)
when we passed these (inaudible)
multi unit building and may have it as an (inaud) sell them as condominiums
or rent it or what ever. Yoga could
go back through our minutes and you
would not find that to take the
example of Mr. Peterson raised on
Mr. Laziers projects over there.
I don't think the ultimate of his
position should be passed upon by
the Planning Commission or the Council.
As it has a matter of policy. I think
his intent was to sell for rental units)
but with this in force he could sell it
(inaudible)
We may force people to do like we want
to build in the hereafter
(inaudible)
Page 17
MAYOR:
I think the point raised is a good
one Ed. I think that what it might
do is cause new developments to all
these start as condominiums, even
though they intend to rent long-term
then they would'nt have to go through
this process because they would be
condominiums initially. I think that
in our study of the ordinance if it
is adopted we should really look at
that aspect, I don't think in a couple
Sof
weeks or a month that this ordinance
would affect the projects that are
being built now and to be completed
soon. I don't think any of them are
going to be completed in the next
couple of weeks. But I think that that
is a good point.
BOB RUDER:
On the same subject Rod, though it
also helped us when someone comes in
•
and tells us that they intend to build
a rental project that that is in fact
what they intend to build. This ordina:
will make sure that we could leave
that thing that they proposed to us
as a rental project to rental project,
and that a year from now it isn't going
to convert. The guy who comes in and
wants to go condominiums is completey
different person to us and Chats fine.
But its the guy who comes in and says
I
want concessions because I am going
go rental unit and the rental units
become condominium units, gives us some
help there.
Page 18
MAYOR: Any other comment, Tom?
• TOM CARNAVAL: I think that one thing that
didn't mention'that should be mentioned
is that this ordinance goes along ways
to protect not only the
rights of the employees and the
renters in the community, and right
•
now the renters and the employees
basically have no rights in regards
to the rental units. I must admit
that I was some what appalled today
when I saw Bruce Butterwick tell
the Council at the work session this
afternoon that unless they passed
a resolution saying that he would
be hasseled in no way at all that
he would convert immediately into
the time sharing. Now I think that
this is a prime example of social
irresponsibility on the part of the
developer in the community. And I
think that this ordinance will go a
long way to protect employees
in this community and the renters
in this community. We are all fully
aware of the fact that there is going
to be a shortage this winter and I
don't want to see it worsen. I know
that we've lost Apollo Park now and
that I think is a very sad day in
the history of this town. But I don't
want to see us lose more units and if
the Council does not pass this
condominium conversion ordinance this
evening there is going to be a lot of
people who are going to do a lot of
conversion very quickly in the next
Page 19
TOM CARMAVAL CONTINUED:
or two weeks. I think this is a very
•
frightening situation for the renter
and I think what is worse is the
rental prices and the
prices in this community. That this
kind of social irresponsibility on the
part of a person who comes from outside
the community and who attempts to
come into the community and dictate
to the Town Council what they can
what they cannot do and to the people
who are responsible citizens of this
community should basically be allowed.
This is a very frightening situation
and in the Soviet Union they have
a tyrannic of power that I saw today
and attempted the tyranny of wealth,
to me this is a very frightening
situation, when there are no rights
for employees who help this community
to survive.
MAYOR:
I understand what you say and just
•
for the record Mr. Butterwick did
agree to keep as his attorney read
into the record this evening, did
agree to keep Building B into long-
term housing through the ski season
and just for the record the Councia
made no special concessions, nor
any special agreements with Mr. Butterw:
If you were here at the work session
what you heard is what you heard and
thats what happened between now and
then, and they agreed to keep it into
long-term housing.
TOM CARNAVAL:
You know we're somewhat frightened
about that situation to because
Page 20
•
TOM CARNAVAL CONTINUED- even though now we are basically
assured of a place to live, we have
other problems of which we worry about
It's going to cost each of us that
has to move approximately $200 with
cable and telephone and electricity
and moving expenses and things of this
nature. And ah I would like to see
Mr. Butterwick make some kind of
concession in this area also_ I think
that this is something that he hasn't
taken into consideration either and
is something that he did say at the
session we had that day is that he
didn't even think about that converting
the units would have this effect
on the employee housing market. and
those of us who live at Apollo and
may be there for a long time are going
to have face some mighty big things
in the next two to three weeks. We've
suffered for the last three weeks,
with unsureties of having a place to
live and now are going to have to put
out alot of money, and for us it is,
I know for a lot of people in the
community it is not alot of money, but
for us it is. And I hate to have to
fork out another $200 just to stay
another five months and then have to
move again.
SCOTT HOPMAN: Tom, I think all of us who have
• lived here for a period of time have
been faced with having to move whether
be a conversion or someone selling
a unit we were living in. I think
Page 21
SCOTT HOPMAN CONTINUED:
that you've got a place to live
lie
for that
and we're kind of lucky
to press it any more than that I don't
think it would be wise. I really don't.
TOM CARNAVAL:
Ok.
PAULA PALMATER:
I would say Tom at least we know
where we are and there is five months
to plan and not a week.
MAYOR:
Any other comments?
Bobby?
BOBBY GALLEGOS:
I'm Bobby Gallegos from Minturn.
.
I think this
passage of ordinance
by the Town Council will be a good faith
step forward, good start to showing
the people who run this town, the
employee you are sincere and supportive
of their efforts and the types of
people you have in your community.
MAYOR:
Thank you. If there are no further
comments I would entertain a motion
in regards to Ordinance 28 Series of 1978.
an emergency ordinance.
JOHN DONOVAN: I move that we adopt Ordinance 28
as an emergency ordinance as amended.
PAULA PALMATER: Second the motion.
MAYOR: We have a motion by John Donovan,
second by Paula Palmater, for Ordinance
28 Series of 1978 an emergency ordinance
as amended and outlined by Mr. Rider
the Town Attorney. If there is no
further discussion, all in favor vote
by saying "Aye", opposed, Unanimous.
•