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HomeMy WebLinkAbout1987-11-03 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 3, 1987 7:30 p.m. AGENDA 1. Presentation of Charles R. Anderson Youth Recognition Awards 2. Approval of Minutes of October 6 and 20, 1987 Evening Meetings 3. Appointment to the Local Liquor Licensing Authority Board 4. Ordinance No. 34, Series of 1987, second reading, an ordinance amending Section 3.40.130 Collection of Sales Tax of Chapter 3.40 Sales Tax of the Vail Municipal Code; imposing a resort tax upon the sale of certain tangible personal property at retail and on the furnishing of certain services within the Town of Vail; imposing a convention tax upon the rental of rooms accommodations within the Town in connection with events held at the Town's Convention Center; providing for the submission of the increased sales tax and the imposition of the resort tax and convention tax to the registered voters of the Town for approval or rejection thereof; and setting forth details in relation thereto. 5. Resolution No. 28, Series of 1987, a resolution authorizing Town of Vail employees to work, during working hours, compiling and distributing facts relating to the proposed Congress Hall and further authorizing the expenditure of not more than three thousand five hundred dollars ($3,500) of Municipal funds on the printing and distribution of facts and information relating to the Congress Hall proposal. 6. Ordinance No. 35, Series of 1987, second reading, an annual appropriation ordinance: adopting a budget and financia1 plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for it's fiscal year January 1, 1988 through December 31, 1988, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1987 tax year and payable in the 1988 fiscal year. 7. Ordinance No. 36, Series of 1987, first reading, an ordinance repealing and re-enacting Section 18.04.200, Definition of the term, Landscaping, as it pertains to the Municipal Code of the Town of Vail, and providing details thereto. 8. Ordinance No. 37, Series of 1987, first reading, an ordinance imposing zoning on a parcel of property legally described as Lot 21, Section 14, Town of Vail, Eagle County, Colorado, heretofore annexed to the Town of Vail, designating said zoning district for the annexed property; setting forth details relating thereto; and amending the official zoning map in relation to the annexed property. 9. Ordinance No. 38, Series of 1987, first reading, an ordinance imposing zoning on a parcel of property commonly referred to as Spraddle Creek, located in the southeast one quarter, southwest one quarter of Section 5, Township 5 south range 80 west of the 6th principal meridian, Town of Vail, Eagle County, Colorado, heretofore annexed to the Town of Vail, designating . said zoning district for the annexed property; setting forth details relating thereto; and amending the official zoning map in relation to the annexed property. 10. Resolution No. 27, Series of 1987, a resolution for the preservation and maintenance of the Vail Nature Center - 11. Conoco Sign Variance CITIZEN PARTICIPATION 12. Town Manager's Report 13. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 3, 1987 7:30 p.m. EXPANDED AGENDA 7:30 1. Presentation of Charles R. Anderson Youth Recognition Awards Pat Dodson Action Requested of Council: Present awards to Kellie Pierson and Laura Larson. Background Rationale: This award was initiated by the Council as an out growth of the Community Action Plan, in an effort to give recognition to outstanding youth. The Chuck Anderson Youth Recognition Award Committee is formulated from individuals in the community who work directly with youth in the upper Eagle valley. 7:40 2. Approval of Minutes of October 6 and 20, 1987 Evening Meetings 7:45 3. Appointment to the Local Liquor Licensing Authority Board Pam Brandmeyer Action Requested of Council: Appoint one member to the Board. Background Rationale: To date, Steve Simonett is the only applicant for his seat. 7:50 4. Ordinance No. 34, Series of 1987, second reading, imposing a Larry Eskwith resort tax, convention tax and increased sales tax to fund a Convention Center Action Requested of Council: Approve/deny Ordinance No. 34, Series of 1987, on second reading. Background Rationale: Ordinance No. 34 was passed on first reading on Oct. 20 and there have been no changes since first reading. 8:05 5. Resolution No. 28, Series of 1987, authorizing Town staff to Larry Eskwith work on the Congress Hall ballot issue and use Town of Vail funds Action Requested of Council: Approve/deny Resolution No. 28, Series of 1987, authorizing Town staff to assemble and distribute information concerning the Congress Hall during working hours and authorizing the Town to spend funds on the distribution of information concerning the Congress Hall up to $3,500. Background Rationale: The Colorado Election Reform Act requires a municipality to approve by a vote of its Town Council, any work done by Town employees during working hours and on any Town funds expended on political ballot questions such as the Congress Hall. 8:20 6. Ordinance No. 35, Series of 1987, second reading, adopting a Charlie Wick budget and financial plan and making appropriations for - Steve Barwick fiscal year 1988. The ordinance also establishes the ad valorem property taxes due for the 1987 tax year and payable in the 1988 fiscal year. Action Requested of Council: Approve/deny Ordinance No. 35, . Series of 1987, on second reading. Background Rationale: The proposed 1988 TOU budget has been presented and reviewed in depth during eight prior Work Sessions. This ordinance is the culmination of that process. Staff Recommendation: Approve Ordinance No. 35, Series of 1987, on second reading. 8:30 7. Ordinance No. 36, Series of 1987, first reading, requesting Rick Pylman to amend Section 18.04.200 of the Municipal Code concerning landscaping Action Requested of Council: Approve/deny Ordinance No. 36, Series of 1987, on first reading. Background Rationale: Section 18.04.200 of the Municipal Code is the definition of the term, "landscape". For the purposes of the definition, existing native vegetation is allowed as landscaping only in certain zone districts. With the approval of the recent Hillside Residential zone district, the Community Development Department set forth to add that zone district to the definition of landscape. During review, we also realized that the zone district, Primary/Secondary, had been left out of the original definition and we felt that that should be included. Staff Recommendation: Approve Ordinance No. 36, Series of 1987, on first reading. 8:45 8. Ordinance No. 37, Series of 1987, first reading, requesting Rick Pylman to apply Hillside Residential zoning to a parcel of land referred to as the Ulbrich property (Applicant: John Ulbrich) Action Requested of Council: Approve/deny Ordinance No. 37, Series of 1987, on first reading. Background Rationale: A portion of the Ulbrich property was recently annexed into the Town of Vail. This property, through the Land Use Plan process, received the designation of Hillside Residential. The Town of Vail recently completed the zone district, Hillside Residential, and the applicant is now applying to have his property zoned Hillside Residential. Staff Recommendation: Approve Ordinance No. 37, Series of 1987, on first reading. 9:00 9. Ordinance No. 38, Series of 1987, first reading, requesting Rick Pylman to apply Hillside Residential zoning to a 20 acre parcel of land commonly referred to as Spraddle Creek (Applicant: George W. Gillett, Jr.) Action Requested of Council: Approve/deny Ordinance No. 38, Series of 1987, on first reading. Background Rationale: Through the Land Use Plan process, the Spraddle Creek property was designated as Hillside Residential. Hillside Residential zone district has been adopted by the Town of Vail and the applicant is now requesting that the Town of Vail designate that property as Hillside Residential. Staff Recommendation: Approve Ordinance No. 38, Series of 1987, on first reading. - 9:15 10. Resolution No. 27, Series of 1987, for the preservation and Pat Dodson maintenance of the Vail Nature Center Action Requested of Council: Approve/deny Resolution No. . 27, Series of 1987. -2- Background Rationale: The Resolution was developed in conjunction with the Nature Center Policies and Procedures Manual; it addresses concerned citizens' questions regarding the philosophy of TOV concerning the Nature Center. Staff Recommendation: Approve Resolution No. 27, Series of 1987, as it gives a statement on the Town's philosophy af the Vail Nature Center. 9:30 11. Conoco Sign Variance Rick Pylman Action Requested of Council: Approve/deny requested variance. - Background Rationale: The Vail Conoco station is located at the site of the former Exxon station on the South Frantage Road in West Vail. The applicant is requesting a variance in order to locate a permanent, freestanding pricing sign and a small landscape berm in front of the station., The request requires a variance from the total number ofi signs allowed and the total square footage of signage aliowed on site. The sign being requested by the applicant is approximately 8 ft. in height, 5 ft. 7 in. wide and cantains approximately 39 sq. ft. of signage area. The DRB considered this application and voted 5-0 to approve a sign of 23 sq. ft. Staff Recommendation: Staff recommendation for the request as it is presented is for denial. The staff would support this variance at a maximum square footage of 23 sq. ft. CITIZEN PARTICIPATION 9:50 12. Town Manager's.Report 9:55 13. Adjournment -3- ~ ^ _ . lo~lll OI r~~I ~ . 75 south frontage road • vail, colorado 81657 •(303) 476-7000 office of the mayor PRESS RELEASE CHIICK ANDERSON YOUTH RECOGNITION AWARD The Vail Town Council and the Chuck Anderson Youth Recognition Award Committee is pleased to announce the recipients of the fourth Chuck Anderson Youth Recognition Award. This award - represents the 1986-87 school year and will be given on a yearly basis. Individual Awards: Kellie Pierson c Laura Nicole Larson This award was initiated by the Vail Town Council as an out growth . of the Community Action Plan, in an effort to give recognition to outstanding youth. The Chuck Anderson Youth Recognition Award Committee was formulated from individuals in the community who work directly with youth in the upper Eagle Valley. The awards will be presented November 3, 1987 at 7:30 PM. Anyone interested in supporting these recipients should attend. ~ MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 6, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 6, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem - Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item of business was the approval of the minutes of September 1 and 15, 1987 Evening Meetings. There was no discussion by Council or the public. Hermann Staufer made a motion to approve the minutes as presented, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 7-0. The next item on the agenda was appointments to the Local Liquor Licensing Authority Board. There were two openings, and five applicants who were: Lisa Dillon, Rob Ford, Bob Kendall, Colleen McCarthy and Betty Neal. The Council voted by ballot to appoint Betty Neal and Rob Ford to the Board. The next item was Ordinance No. 31, Series of 1987, second reading, amending Chapter 3.40 Sales Tax of the Municipal Code of the Town of Vail to provide for self collection by the Town. The full title was read by Mayor Johnston. Larry Eskwith reviewed the major changes made to the ordinance since first reading. Steve Barwick explained what the violations would be as stated in the ordinance and how the Town was prepared to enforce them with an enforcement policy. There were no comments by the public or Council. Lou Meskiman had questions regarding taxing items to be shipped out of state, to which Ron Phillips responded. Colleen McCarthy stated her objections to an out of state tax. After a short discussion, John Slevin made a motion to approve the ordinance as presented, and Kent Rose seconded. A vote was taken and the motion passed unanimously 7-0. The Council then directed staff to do a study on taxing out of state sales. The fourth item of business was Ordinance No. 33, Series of 1987, first reading, amending Ordinance No. 37, Series of 1983, to eliminate conditions restricting the number of driveways to serve the resubdivision of Lot 1, Block 1, Bighorn Subdivision, first addition. The full title was read by Mayor Johnston. Tom Braun explained what the ordinance would do and the gave reasons why the staff recommended approval of the ordinance. He then answered questions from Council. Kent Rose noted he would have to abstain from the vote. There was no further discussion by Council or the public. A motion to approve the ordinance on first reading was made by Gail Wahrlich-Lowenthal and seconded by Gordon Pierce. A vote was taken and the motion passed 6-0, with one abstention. The next item was a presentation by the Visitors Center Task Force. Ron Phillips stated Harry Frampton had requested this item be postponed for two weeks due to the fact he was unable to attend this week. The following item was action on the Town Manager's salary. Mayor Johnston noted the - Council had discussed the Town Manager's salary and proposed a three thousand dollar ($3,000) increase from $65,000 to $68,000 effective September 1, 1987. Eric Affeldt made a motion to approve the increase, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 7-0. Under Citizen Participation, Walt Halley stated he had written a letter of complaint against the Town and the Town Manager's office and aired his alleged grievances. Martin Blitstein commented on his concerns regarding the search of Barbara Felker's office. For the Town Manager's Report, Ron Phillips handed the Council invitations to the town meeting to be held Wednesday night, October 7, 1987, regarding capital projects, where they stand and what has been planned for the future. He stated the meeting would be held at 7:00 p.m. at Manor Vail Lodge. There being no further business, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -2- • • - . ' r MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 20, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 20, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal John Slevin Hermann Staufer MEMBERS ABSENT: Gordon Pierce TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a public hearing on the I-70 West Corridor Study. Dave Ruble of the State Highway Planning Department stated they wanted public input, but wanted to start by reading a statement by Lowell Jackson, Executive Director of the Highway Department. The statement indicated that using the west bound lanes for - east bound traffic through the Eisenhower tunnel had been only a suggestion, but because of the turmoil it caused, the suggestion was removed as of October 14, 1987. Mr. Ruble the made a slide presentation which reviewed existing problems, goals of the study, alternatives analyzed, short and long term solutions and conclusions. He then proceeded with receiving comments and answered questions from the public. The next item was a public hearing on the Citizens' Committee recommendations for an assessment formula for business license fees for the marketing of Vail. Mayor Johnston introduced the subject and gave brief background information. He noted that last spring at public meetings it was decided that the marketing of Vail was important to citizens. Charlie Wick explained who was represented on the Committee and summarized the results of the Committee's work. He then requested and received public comments and questions. The third order of business was Ordinance No. 33, Series of 1987, second reading, an ordinance amending Ordinance No. 37, Series of 1983, to eliminate conditions restricting the number of driveways to serve the resubdivision of Lot 1, Block 1, Bighorn Subdivision, first addition. Mayor Johnston read the full title. Tom Braun noted there had been no changes made to the ordinance since first reading and recommended approval. There was no discussion by Council or the public. Eric Affeldt made a motion to approve the ordinance, and John Slevin seconded. A vote was taken and the motion passed 5-0, with Kent Rose abstaining. The next item up for discussion was Ordinance No. 34, Series of 1987, first reading, imposing a tourism tax, room commission tax and increased sales tax to fund a Convention Center. The full title was read by Mayor Johnston. Larry Eskwith explained the tax to be affected would be sales, plus imposing a tourism tax and a convention tax and explained what each tax would entail. Mayor Johnston questioned commission fees of ten and fifteen percent. David Kanally recommended tracking through a central agency of some sort. Larry said changes would be made before second reading. Hermann Staufer stated his concerns and questions. There was much discussion by Council over how the question would be written on the ballot and then over problems with increased amount of taxes. Pepi Langegger questioned the difference in retail and food/beverage, and his concerns over taxing the tourist. Pepi Gramshammer agreed with Hermann and made suggestions for taxes. Lou Meskiman commented on his concerns to which Ron Phillips responded. Mayor Johnston made a - motion to approve the percentages for the taxes - an increase of .4% sales tax, a 1.3% resort tax and a 10% and 15% convention tax. Gail Wahrlich-Lowenthal seconded the motion. A vote was taken and the motion passed 4-2, with Hermann Staufer and John Slevin opposing. ~ • Pepi Langegger again stated his concerns and there was a short discussion on changing the wording "tourism" to "resort" tax. Mayor Johnston then made a motion to approve the ordinance with the wording changes, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed 4-2, with Hermann Staufer and Eric Affeldt opposing. The fifth order of business was Resolution No. 26, Series of 1987, submitting a question to fund a Convention Center on the election ballot. There was some discussion by Council regarding a figure for the construction of the Convention Center. It was decided to make the figure $16 million. Hermann Staufer then made a motion to approve the resolution, with Eric Affeldt seconding. A vote was taken and the motion passed unanimously 6-0. - The next item was Ordinance No. 35, Series of 1987, first reading, adopting a budget and financial plan and making appropriations for fiscal year 1988. The full title was read by Mayor Johnston. Steve Barwick briefly went through the fund balances at the beginning and end of 1988 and some items which will be covered under certain funds. There was no discussion by Council or the public. A motion to approve the ordinance was made by Kent Rose and seconded by Hermann Staufer. Eric Affeldt thanked staff for their hard work on the budget and commented it was a sad fact that the public does not get more involved, and he was very disappointed. He then made a few suggestions and requested staff check into revenue and cost charging for summer parking in the parking structures and parking on the landing mats; future dollars with special districts to reduce the Town's costs; and if things do not go as planned, a one page report stating places money would come out of first. Mayor Johnston then requested Steve to check into point of sale sales tax collection. A vote was taken and the motion passed unanimously, 6-0. The seventh order of business was Resolution No. 25, Series of 1987, adopting the Town of Vail snow and ice control plan. Stan Berryman gave a quick overview of the snow removal program. He noted two good reasons for the manual were 1) training and Town policy and 2) in case of any legal claim against the Town. He also noted that the Town had placed first and second in the Unimog competition this year. Mayor Johnston commended the Transportation/Public Works Department on their hard work in putting the manual together. Eric Affeldt questioned if copies were available for the public, which Stan assured there were. After a short discussion, Kent Rose made a motion to approve the resolution, with John Slevin seconding. A vote was taken and the motion passed unanimously 6-0. The next item of business was the appointment of Election Judges. Pamela Brandmeyer referred to a memorandum she had distributed to Council with her recommendations for Election Judges - Laura Swetish, Kathy Rossi, Celine Krueger, Marilyn Klein and Vi Brown. There was no discussion by Council or the public. A motion to approve the appointments was made by Hermann Staufer and seconded by John Slevin. A vote was taken and the motion passed unanimously 6-0. Under Citizen Participation, Diana Donovan stated she was upset that Gordon Pierce was absent again. Mayor Johnston replied that Gordon was out of the country on vacation and that Council members had been notified about six weeks prior. Kent Rose recommended to Stan Berryman to check into changing the bus route since the roads had been paved in West Vail now. Stan replied he would look at the route and see if it was feasible to make a change. Under the Town Manager's Report, Ron Phillips stated the Vail Public Library won two statewide awards in public relations. They won first place in an adult P.R. program supervised by Dean Willms. They also won third place for the 1987 children's summer reading program headed by Lori Haugland. There being no further business, the meeting was adjourned at 11:00 p.m. Respectfully submitted, Paul Johnston, Mayor -2- ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- 1 U ORDINANCE N0. 34 Series of 1987 AN ORDINANCE AMENDING SECTION 3.40.130 COLLECTION OF SALES TAX, OF CHAPTER 3.40 SALES TAX OF THE VAIL MUNICIPAL CODE; IMPOSING A RESORT TAX UPON THE SALE OF CERTAIN TANGIBLE PERSONAL PROPERTY AT RETAIL AND ON THE FURNISHING OF CERTAIN SERVICES WITHIN THE TOWN OF VAIL; IMPOSING A CONVENTION TAX UPON THE RENTAL OF ROOMS ACCOMMODATIONS WITHIN THE TOWN IN CONNECTION WITH EUENTS HELD AT THE TOWN'S CONUENTION CENTER; PROVIDING FOR THE SUBMISSION OF THE INCREASED SALES TAX AND THE IMPOSITION OF THE RESORT TAX AND CONUENTION TAX TO THE REGISTERED VOTERS OF THE TOWN FOR APPROVAL OR REJECTION THEREOF; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, the Town Council of the Town of Vail, Colorado, has determined that it is in the public interest to construct a Convention Center, sometimes known as a Congress Hall, within the Town; and WHEREAS, it is the intention of the Town Council to issue excise tax revenue bonds to obtain the necessary funds for the construction of the Convention Center; and WHEREAS, in order to repay such excise tax revenue bonds, it is necessary to increase the sales tax by four-tenths percent (.4%) to four and four-tenths percent (4.4%) and to impose a resort tax of one and three-tenths percent (1.3%) on the sale of certain tangible personal property at retail and on the furnishing of certain services within the Town and a convention tax of twelve and one-half percent (12.5%) on the rental of rooms and accommodations in connection with conventions and other activities at the Convention Center; and WHEREAS, the Town Council, in accordance with the Charter of the Town of Vail, wishes to submit said taxing measures to the registered voters of the Town for - approval or rejection thereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: Section 1. The Municipal Code of the Town of Vail, Section 3.40.130 Collection of Sales Tax, paragraph (1)(a), is hereby amended to read as follows: 3.40.130 Collection of Sales Tax (1)(a) Every retailer, also in this Chapter 3.40 called "vendor", shall, irrespective of the provisions of Section 3.40.140, be liable and responsible for - the payment of an amount equal to four and four-tenths percent (4.4%) of all sales made by him of commodities or services as specified in Section 3.40.120 and shall before the 20th day of each month make a return to the Finance Director for the U proceeding calendar month and remit an amour.t equal to said four and four-tenths percent (4.4%) on such sales to said Finance Director. Such returns of the taxpayer or his duly authorized agent shall be furnished by the Finance Department. The Town shall use the standard municipal sales and use tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first full rnonth commencing one hundred twenty (120) days after the efifective date of the regulation adopting or revising such standard form. Section 2. The Municipal Code of the Town of Vail, Section 3.40.130 Collection of Sales Tax, paragraph (2), is hereby amended to read as follows: 3.40.130 Collection of Sales Tax (2) There is imposed upon all sales of commodities and services specified in 3.40.120 a tax at the rate of four and four-tenths percent (4.4%) of the amount of the sale to be computed in accordance with the schedule or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty-four cents ($.24) or less. Section 3. The Municipal Code nf the Town of Vail is hereby amended by the addition of Chapter 3.60 Resort Tax to read as follows: 3.60.010 Tax on Lodging Services In addition to the tax imposed by Chapters 3.40 and 3.70 of this Code, there shall be imposed on the purchase price paid or charged to any person for rooms or accommodations as included in the definition of sale in Section 3.40.020 (25) a tax of one and three-tenths percent (1.3%). 3.60.020 Tax on Food and Dr•ink Sales In addition to the tax imposed by Chapter 3.40 of this Code, there shall be imposed on the purchase price paid or charged to any person for food and drink sales as designated in Section 3.40.120 (5)(a) and (b) a tax of one and three- tenths percent (1.3%). 3.60.030 Tax on Private Tourist Attraction Admissions There shall be imposed on the purchase price paid or charged to any person for each ticket or other charge allowirig admission to or participation in the following private tourist attraction's a tax of one and three-tenths percent (1.3%) -2- a) 8oat, raft and kayak rentals and tours. b) Automobile, bicycle, dog, horse and other racing events. c) Any tourist attractions operated or owried 6y the Federal, State or units of Local government shall be exempt from the provisions of this Section. Attractions operated on an occasional or intermittent basis for fund raising purposes by non-profit charitable organizations whose ordinary activities do not involve the operation of such attraction shall also be exempt from the provisions of -this Section. 3.60.040 Tax on Rental Automobiles In addition to any tax imposed by Chapter 3.40 of this Code, there shall be imposed on the purchase price paid or charged to any person for the rental of a passenger automobile a tax of one and three-tenths percent (1.3%). 3.60.050 Tax on Tour Bus and Sightseeing Carrier Tickets There shall be imposed on the purchase price paid or charged to any person for each ticket or fare allowing passage on tour buses and other common carriers engaged in transporting passengers for sightseeing purposes a tax of one and three-tenths percent (1.3%). 3.60.060 Vendor Liable for Tax - Schedule . (1) cvery retailer, vendor, operator and other person who sells goods and services subject to tax under this Chapter shall be liable and responsible for the payment of taxes due under this Chapter and shall make a return and remit said taxes to the Director of the Finance Department of the Town at such times and in such manner as the Town Manager shall prescribe. The tax imposed by -this Chapter may be inciuded in the purchase price actually paid and need not be stated as a separate and distinct item. (2) The collection of the one and three-tenths percent (1.3%) tax on lodging, food and drink, and rental automobiles imposed by this U'hapter shall be computed in accordance with schedules or systems approved by the Town Manager of the Town. Such schedules or systems shall be designed so that no such tax is charged on any sale of one dollar ($1.00) or less. 3.60.070 Rules and Regulations The Town Manager may formulate and promulgate appropriate rules and regulations to effectuate the purpose of this Chapter. -3- 3.60.080 Sales Tax Provisions Applicable The provisions of Chapter 3.40 of this Code, so far as they are applicable, shall apply to this Chapter, including, but not limited to, provisions for administration, licenses, penalties, interest and appeals. Section 4. The Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 3.70 Convention Tax to read as follows: - 3.70.010 Convention Tax Imposed In addition to all other taxes imposed on the price paid for rooms or accommodations by Chapter 3.40 and Chapter 3.60 of this Code, there is hereby imposed a tax of twelve and one-half percent (12.5%) on the purchase price paid or charged to any person for rooms or accommodations in connection with conventions or other activities at the Town's Convention Center. A room or accommodation shall be deemed to be "in connection with" a convention or other activity at the Town's Convention Center (1) if any of the intended occupants of such room or other accommodation is (a) a member of any group hosting or sponsoring any convention, meeting or other group activity at the Town's.Convention Center, (b) a person entering upon the premises of the Town's Convention Center for the purpose of attending any such convention, meeting or other group activity, (c) an exhibitor or advertiser of products or services at any such convention, meeting or other group activity, (d) a speaker, performer or any other person employed by or providing services on behalf of the host or sponsor of such convention, meeting or group activity for the education, entertainment, or convenience of those attending, and (2) if the convention, meeting or other group activity is on any day which is within seven (7) days of the day of occupancy or any one of multiple and consecutive days of occupancy. 3.70.020 Vendor Responsible for Applicability and Liable for Tax Every retailer, vendor, operator and other person who rents rooms and accommodations subject to tax under this Chapter shall be responsible for ascertaining whether rooms and accommodations are rented "in connection with" conventions and other activities at the Town's Convention Center and shall be liable for the payment of taxes due under this Chapter. In connection therewith every such person shall make a return and remit said taxes to the Director of the - Finance Department of the Town at such times and in such manner as the Finance Director shall prescribe. The tax imposed by this Chapter may be included in the -4- purchase price actually paid and need not be stated as a separate and distinct item. 3.70.030 Rules and Regulations The Town Manager may formulate and promulgate appropriate rules and regulations to effectuate the purpose of this Chapter. 3.70.040 Sales Tax Provisions Applicable The provisions of Chapter 3.40 of this Code, so far as they are applicable, shall apply to this Chapter, including, but not limited to, provisions for administration, licenses, penalties, interest and appeals. Section 5. 8efore the sales tax increase, resort tax and convention tax herein described shall be imposed, this Ordinance shall be submitted to and shall receive the approval of a majority of the registered electors of the Town of Vail voting at the Regular Municipal Election to be held on Tuesday, November 17, 1987. For this purpose, the question to be submitted for approval or rejection by the ~ registered electors at said election shall be substantially as follows: "Shall the sales tax imposed by the Town of Vail, Colorado, be increased from four percent (4%) to four and four-tenths percent (4.4%) and a resort tax of one and three-tenths percent (1.3%) on the price paid for rooms or accommodations, food and drink sales, certain tourist attraction admissions, the rental of passenger automobiles and on tour bus and sightseeing carrier tickets be imposed and a convention tax of twelve and one-half percent (12.5%) on the price paid for rooms or accommodations in connection with conventions or activities at the Town's Convention Center be imposed, all in accordance with the provisions of Ordinance No. 34, Series of 1987, of the Town of Vail, said sales tax increase, resort tax and convention tax to become effective on January 1, 1988." Section 6. The Town Council may amend, alter or change this Ordinance, except as to the four and four-tenths percent (4.4%) rate of sales tax, the one and three-tenths percent (1.3%) rate of the resort tax and the twelve and one-half percent (12.5%) rate of the convention tax herein imposed, by a majority vote of the Town Council. -5- Such amendment, alteration or change need not be submitted to the registered voters of the Town of Vail for their approval. Section 7. The effective date of this Ordinance, if approved by a majority of the registered electors voting at the Regular Municipal Election to be held on Tuesday, November 17, 1987, shall be January 1, 1988, and the taxes imposed hereby shall apply to transactions consummated on and after said date. Section 8. All amounts collected by the Town from the four and four-tenths percent (4.4%) sales tax increase, the one and three-tenths percent (1.3%) resort tax and the twelve and one-half percent (12.5%) convention tax hereby imposed shall be deposited in the "Town of Vail, Colorado, Excise Tax Fund" hereby created and shall be used for the payment of the costs of acquiring, constructing and equipping the Town's Convention Center or for the payment of the principal of, interest on, and any premium due in connection with the redemption of any excise tax revenue bonds issued by the Town for such purpose. Section 9. Any inconsistency between the provisions of this Ordinance and those of any applicable state statute is intended by the Town Council. To the extent of any such inconsistency, the provisions of this Ordinance shall be deemed made pursuant to the Charter of the Town and shall supercede to the extent permitted by law the conflicting provisions of any such state statute. Furthermore, in accordance with 29-2-107(1), Colorado Revised Statutes, as amended, the limitations of 29-2-106(2) and 29-2-108(1) are inapplicable to the Town. Section 10. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 11. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. -6- . Section 12. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previousiy repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING THIS 20th day of October ~ 1987, and a public hearing shall be held on this ordinance on the 20th day of October , 1987, at 7:30 p.m. in the Council Chambers of i:he Vail Municipal Building, Vail, Colorado. Ordered published in full this 20th day of October , 1987, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -7- RESOLUTION N0. 28 Series of 1987 A RESOLUTION AUTHORIZING TOWN OF VAIL EMPLOYEES TO WORK, DURING WORKING HOURS, COMPILING AND DISTRIBUTING FACTS RELATING TO THE PROPOSED CONGRESS HALL AND FURTHER AUTHORIZING THE EXPENDITURE OF NOT MORE THAN THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500) OF MUNICIPAL FUNDS ON THE PRINTING AND DISTRIBUTION OF FACTS AND INFORMATION RELATING TO THE CONGRESS HALL PROPOSAL. WHEREAS, on the ballot for the regular Town election on November 17, 1987, there will be presented to the voters for their approval or disapproval, the question of whether or not the Town should build a Convention Center, sometimes known as a Congress Hall, at a cost not to exceed sixteen million dollars ($16,000,000); and WHEREAS, the Town of Vail believes it to.be in the best interest of its citizens to compile and distribute information and facts concerning the proposed Congress Hall to the general public; and WHEREAS, the Town Council therefore wishes to authorize Town employees to work during working hours on the compilation and distribution of such facts; and WHEREAS, the Town Council further wishes to authorize the expenditure of funds not to exceed three thousand five hundred dollars ($3,500) on the printing and distribution of such facts. NOW, THEREFORE, BE IT RESOLUED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Town employees or paid officers are hereby authorized to work during working hours on the compilation and distribution of facts and information - concerning the proposed Congress Hall. 2. The Town Council hereby authorizes the expenditure of not more than three thousand five hundred dollars ($3,500) for the printing and distribution of facts and information relating to the proposed Congress Hall. 3. This Resolution shall become effective immediately upon passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of , 1987. Paul R. Johnston, Mayor - ATTEST: Pamela A. Brandmeyer, Town Clerk . . . ORDINANCE N0. 35 Series of 1987 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 1988 THROUGH DECEMBER 31, 1988, AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1987 TAX YEAR AND PAYABLE IN THE - 1988 rISCAL YEAR. WHEREAS, iri accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed iong-range capital pragram for the Town and a proposed budget and financial plan for all Town funds and activities for the 1988 fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 9th day of October, 1987, more than seven days prior to the hearing held on the 20th day of October, 1987 pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Couricil to adopt a budget and financial plan -for the 1988 fiscal year, to make appropriations for the amourits specified in the budget, and to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 1987 year and pa,yable in the 1988 fiscal year. NOW, iNEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. Tlie procedures prescr-ibed in Article IX of the Charter of the Town of Uail, Colorado, for the enactment hereof have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 1988, and ending on the 31st day of December, 1988: FUND AMOUNT General Fund $10,641,291 Capital Projects Fund 4,475,240 Conservation Trust Fund 7,000 Real Estate Transfer Tax 1,834,594 Heavy Equipment Service Fund 1,167,125 - Computer Project Fund 240,000 Debt Service Fund 3,719,642 Total: $22,084,892 Less Interfund Transfers: < 5,076,767> To-tal Budget $17,008,125 -1- 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 1987 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. 4. For the purpose of defraying part of the operating expenses of the Town of Vail, Colorado during its 1987 fiscal year, the Town Council hereby levies a property tax of 4.78 mills upon each dollar of the total assessed valuation of $341,721,150 for the 1987 tax year of all taxable property within the Town, which will result in a gross tax levy of $1,633,427 said assessment shall be duly made by the County of Eagle, State of Colorado, and directs Revised Statutes (1973 as amended) and as otherwise required by law. 5. This Ordinance shall take effect five days after publication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 20th day of October , 1987, and a public hearing on this Ordinance shall be held at a regular meeting for the Town Council of the Town of Vail, Colorado, on the 20th day of October , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: - Pamela A. Brandmeyer, Town Clerk -2- ORDINANCE N0. 36 Series of 1987 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 18.04.200, DEFINITION OF THE TERM, LANDSCAPING, AS IT PERTAINS TO THE MUNICIPAL CODE OF THE TOWN OF VAIL, AND PROVIDING DETAILS THERETO WHEREAS, the Town of Vail did adopt Section 18.04.200 to provide a definition of the term, "landscaping" as it pertains to the Municipal Code of the Town of Vail; and WHEREAS, that definition has been written to allow native vegetation as land- scaping only in the low density zone districts of the Town of Vail; and WHEREAS, the Primary/Secondary zone district has not previously been included in this definition; and WHEREAS, the Hillside Residential zone district being recently adopted has not previously been included in this definition. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 18.04.200 of the Town of Vail Municipal Code is hereby repealed and re- enacted with amendments to read as follows: Section 18.04.200 Landscaping "Landscaping" means planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than 20 percent of the landscaped area. For the purposes of this title, nat- ~ ural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in a Single Family, Two-Family Residential, Residential Cluster, Low Density Multi-Family, Hillside Residential, and Primary/Secondary Residential zone districts. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, - clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk .s C TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 1987 SUBJECT: A request to amend Section 18.04.200 of the Municipal code Applicant: Town of Vail I. THE REQUEST Various zone districts as identified in the Town of Vail Municipal Code have a-development requirement relating to the percentage of the site that must be landscaped. Section 18.04.200 of the Municipal Code defines the term, "landscaping." For the purposes of the definition, existing native vegetation shall be deemed landscaping only in the Single Family, Two Family Residential, Residential Cluster and Low Density Multi-Family districts. The intent of utilizing a definition such as this is to ensure that high density and commercial uses received a cultivated, urban type of landscape treatment that would be appropriate to that scale of development. The native vegetation is allowable for landscaping only in ~ the low density districts--the Single Family, the Two Family Residential, the Residential Cluster and the Low Density Multiple Family districts where that type of vegetation is appropriate as landscaping for that type of development. The Town of Vail recently introduced a new zone district to the Municipal Code. The Hillside Residential zone district originated through the Land Use Plan study and is a low density, environmentally sensitive hillside type of development. The staff feels strongly that the intent of this type of development was to create as little disturbance as possible to the site and to leave as much as the native vegetation as possible. During review of this definition and proposed amendment we also realized that the Primary/Secondary zone district is not included in the category that allows native vegetation to be deemed as landscaping. The proposal is to amend Section 18.04.200 to include both the Hillside Residential and Primary/Secondary Residential zone districts in the _ portion of the definition that allows native vegetation to be deemed landscaping in order to meet the development requirements of the zone district. The new definition would read as follows: ~ . ' . ~ 18.04.200 Landscaping ~ "Landscaping" means planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core developments such as walks, decks, patios, terraces, water features, and like features not occupying more than 20% of a landscaped area. For the purposes of this title, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in a Single Family, Two Family Residential, Residential Cluster, Low Density Multi- Family, Hillside Residential, and Primary/Secondary Residential zone districts. II. STAFF RECOMMENDATION The staff recommends approval of this request. ~ - ~ ORDINANCE N0. 37 Series of 1987 AN ORDINANCE IMPOSING ZONING ON A PARCEL OF PROPERTY LEGALLY DESCRIBED AS LOT 21, SECTION 14, TOWN OF VAIL, EAGLE COUNTY, COLORADO, HERETOFORE ANNEXED TO THE TOWN OF VAIL, DESIGNATING SAID ZONING DISTRICT FOR THE ANNEXED PROPERTY; SETTING FORTH DETAILS RELATING THERETO; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE ANNEXED PROPERTY WHEREAS, the property to be zoned has been annexed to the Town of Vail; and WHEREAS, there is an application from the property owner of Lot 21, Section 14, for zoning said parcel; and _ WHEREAS the Planning and Environmental Commission has considered the approp- riate zoning for the annexed property and has unanimously recommended that the Town Council zone the parcel Hillside Residential; and • WHEREAS, the Town Council considers it in the public interest to zone said an- nexed property as soon as possible, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for the provision of zoning districts for property annexed to the Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation of the Planning and Environmental Commission recommending the zoning of the annexed property. Section 2. Pursuant to Section 18.68.070 of the Vail Municipal Code, a parcel of property described as Lot 21, Section 14, Unplatted, Town of Uail, Eagle County, Colorado is zoned as Hillside Residential (HR). Section 3. As provided in the ordinances of the Town of Uail, the zoning administrator is here by directed to modify and amend the official zoning map to include the zoning specified in Section 2(2 above). Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. . Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ' TO: Town Council FROM: Community Development Department DATE: November 3, 1987 SUBJECT: A request to apply Hillside Residential zoning to the Ulbrich property The attached Planning Commission memo states that this is a request to apply Hillside Residential zoning to a 47 acre parcel of land recently annexed to the Town of Vail. The portion of the Ulbrich property that has been annexed by the Town of Vail, Lot 21, Section 14, contains 13.47 acres. That is the correct acreage of the parcel of land that is applying for the Hillside Residential zoning. This is a correction to your Planning Commission memorandum. TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 26, 1987 SUBJECT: A request to apply Hillside Residential zoning to a 47 acre parcel of land recently annexed to the Town of Vail. Applicant: John Ulbrich I. THE REQUEST On November 18, 1986,the Town of Vail adopted a comprehensive Land Use Plan. In the Land Use Plan, parcels of land in and adjacent to the Town of Vail were designated for certain potential uses if they could be proven to meet certain criteria, standards and policies of the Land Use Plan and other planning documents previously adopted by the Town of Vail. Once such piece of land adjacent to the Town of Vail that was designated for potential development is a parcel known as the Ulbrich property. This piece of land was designated through the Land Use Plan as having development potential at a density level entitled Hillside Residential. Some time after the adoption of the Land Use Plan, the Ulbrich property was annexed into the Town of Vail. At the time of annexation, an agreement was reached between the Town and the owner of the Ulbrich property to forego zoning of this property until the Town had the opportunity to write and adopt a zone district that reflected the criteria of the Hillside Residential Land Use designation. On July 21, 1987, the Vail Town Council officially adopted a new zone district entitled, "Hillside Residential." The purpose of this zone district was to reflect the development criteria of the Hillside Residential land use designation found in the Land Use Plan. The Hillside Residential land use designation as written in the Land Use Plan states that any development proposal will require an in depth analysis to assure sensitivity to constraints, provision of adequate access, minimization of visibility from the valley floor, and compatibility with surrounding land uses. The Land Use Plan goes on to state that any such development would be required to meet all - other applicable Town ordinances and regulations. The applicant is applying only for the zoning of Hillside Residential at this time. There is no subdivision or development plan proposed. Therefore, information submitted for our review has been limited. We have been assured that there is legal and physical access and we have discussed the issue of compatibility with surrounding land uses. At the time of a development or subdivision proposal, a further in-depth review of this criteria will be necessary to prove that the proposed development can meet the objectives of the Hillside Residential land use designation. II. EVALUATION OF REQUEST A. Criteria #l. Suitabilityo uf Existin Zoning This parcel of land has recently been annexed into the Town of Vail and currently has no Town of Vail zoning designation. Under the jurisdiction of Eagle County, the land was zoned Resource. The definition of the Resource zone as found in the Eagle County land use regulations is, "To protect and enhance the appropriate use of natural resources including water, minerals, fiber, and open space. The Resource zone serves to maintain the open rural character of Eagle County." Through the Land Use Plan, much discussion took place about the designation of this piece of property. It was decided that a limited amount of development would be appropriate, as this is adjacent to higher density residential areas than is commonly found in properties designated Resource through Eagle County. Criteria #2. Is the amendment resentin a conven- ient, workable relationshi amon land uses consisting with municipal ob'ectives? As a zoning proposal only, with no development plan or subdivision proposed, it is difficult to fully analyze the workable relationship among land uses. The proposal, however, is consistent with municipal objectives in that it does meet and implement a portion of the Town of Vail Land Use Plan. During subdivision review, further studies will be necessary to prove that development on this parcel can meet the criteria of the Hillside Residential designation. Criteria #3. Does the rezonin pro osal rovide for growth of an orderly and viable community? The Community Development Department feels that the rezoning proposal does provide for the growth of an - orderly and viable community. This land use category and zone district was developed specifically to deal with low density development on environmentally sensitive properties. r > III. STAFF RECOMMENDATION Staff recommendation for the proposal of zoning this parcel Hillside Residential is for approval. We feel that this application is an implementation of the Land Use Plan and that the applicant has met the limited criteria which we can request at this time. This recommendation in no way approves or supports any specific density or level of development on this property at this time. A thorough review of any development proposal through the subdivision process will be necessary. D ORDINANCE N0. 38 Series of 1987 AN ORDINANCE IMPOSING ZONING ON A PARCEL OF PROPERTY COMMONLY REFERRED TO AS SPRADDLE CREEK, LOCATED IN THE SOUTHEAST ONE QUARTER, SOUTHWEST ONE QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF VAIL, EAGLE COUNTY, COLORADO, HERETOFORE ANNEXED TO THE TOWN OF VAIL, DESIGNATING SAID ZONING DISTRICT FOR THE ANNEXED PROPERTY; SETTING FORTH DETAILS RELATING THERETO; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE ANNEXED PROPERTY WHEREAS, the property to be zoned and more particularly described in Exhibit A attached hereto has been annexed to the Town of Vail; and WHEREAS, there is an application from the property owner for said zoning said parcel; and WHEREAS the Planning and Environmental Commission has considered the approp- riate zoning for the annexed property and has unanimously recommended that the Town Council zone the parcel Hillside Residential; and WHEREAS, the Town Council considers it in the public interest to zone said an- nexed property as soon as possible, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for the provision of zoning districts for property annexed to the Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation of the Planning and Environmental Commission recommending the zoning of the annexed property. - Section 2. Pursuant to Section 18.68.070 of the Vail Municipal Code, a parcel of property commonly known as Spraddle Creek is zoned as Hillside Residential (HR). Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is here by directed to modify and amend the official zoning map to include the zoning specified in Section 2(2 above). Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is - for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk . 7 - , _ , s 'S. y'Y '~~e . ; r.+'. y` ..k,~, ~y'f. _ ' _ _ . . . • . ' . . . . . '-~{F't:T~~z . . _ , ' ~ ,'N' . . , ' . ~F~.t~{_~•.~lr. . . . EXHIBIT l? ~ '{'4;~"~ ~j , (Attached to and lorminq part o! Warranty Deed dated •':F;~~~„r April 30, 1986 from Vail Associates, Inc. to _ George N. Gillott, Jr.) ' - . ' . ' ;•.jr~( . . . ' ~ . . ..:~~q,~:'•~:(; ' - LXGAL,_DES C$IPTION OF THf, PRAPEk2'Y - _ A parcel of lnnd commonly refsrrwd to ae Spraddle Creek located in the SE 1/4 SW 1/4 of Section S, Townehip 5 South, Renqa 80 weat of the 6th Principal Meridian, Eagla County, Colorado more particularly describad aa followa: f - ~ BEGINNING at the SE cornar of mai.d SE 1/1 SW 1/4, a braa• cap; thenca & 89'47148" W a distance of 904.32 leet along the aouth boundaz'lina ot aaid SF 1• SW 1/4 to a Y / Point on the ,,,:h,s.:• • northerly riqht-of-vey line o! Zntvratate Highvay No. 70, beinq a point on an exieting tence; thance alr,nq said right-ol-vay • fenca lina N 73'25154" F1 a distancs Qt 210.95 feet to an angle point in eaid fencQl thencn N E6'59128" w-e distanc• of 241.05 feet alonq said right-ol-vey lencs lina Co nn aluminum cap and rabar on the vest boundnry line of seid SE 1/4 SFI 1/4; thence • N 00'20131" N a diatance oP 1,161.66 feet along the vest , ~ boundary line of said SE 1/4 SW 1/4 to the Nw corner of said SE 1/4 Sw 1/4, a brass cnp; thence N 89•41112" E a distance of 1,331.07 feet alonq said ncrth boundary 11ne of the NE corner f _ 6eid SE 1/4 SW 1/4, a brass cap; tDence S 00'lt'00" E a disLa^~a _ o! 1,320.14 lezt nlony tt,e east boundary line of eafd SL° 1/4 SF, 1/4 to the PGINT CF BEGINNING, containinq 39.554 acres more or - lese. - . . . +.T._, . . ~ _ . . . ~;t~~~ _ , ' . ' " • `SS`~~ > . r, .~.a . . .j . ~ . r. . ' . ' t - ".::?';iS'; • . S I . _ ' . . • 4i s` - ~ TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 26, 1987 SUBJECT: A request to apply Hillside Residential zoning to a 27 acre parcel of land commonly referred to as Spraddle Creek Applicant: George W. Gillett, Jr. I. THE REQUEST On November 18, 1986, the Town of Vail adopted a comprehensive Land Use Plan. In the plan, parcels of land in and adjacent to the Town of Vail were designated for certain potential uses if they could meet certain criteria, standards and policies of the Land Use Plan and other planning documents previously adopted by the Town of Vail. The Spraddle Creek parcel is a 27 acre parcel of land that was annexed by the Town of Vail some time ago. It has never received any Town of Vail zoning designation. Through the Land Use Plan, the Spraddle Creek parcel was given a land use designation of Hillside Residential. Upon completion of the Land Use Plan, a zone district entitled Hillside Residential was written to correspond with the criteria outlined in the Land Use Plan. The maximum allowable density for the Hillside Residential zone district is 2 dwelling units per buildable acre. The Land Use Plan also states that any development proposal will require an in-depth analysis to assure sensitivity to constraints, provision of adequate access, minimization of visibility from the valley floor, and compatibility with surrounding land uses. The proposal for the Spraddle Creek parcel is for zoning only and does not deal with a development proposal or subdivision plan. A review of the zoning request is limited to whether the request is compatible with surrounding land uses, meets the development objectives of the Town, and the more tangible issue of provision of legal and physical access. II. EVALUATION OF REQUEST Criteria #1. Suitability of Existin Zonin This parcel of land has never previously had a Town of Vail zone district designation. Under the jurisdiction of Eagle County, this land was zoned Resource. The Eagle County Resource zone district allows one dwelling unit per 35 acres and is generally intended as the agriculture zone c+ district and to preserve natural open space features. During the Land Use Plan work sessions, much discussion was centered on the land use designation that should be given to the Spraddle Creek area. It was generally agreed at.that time by the Land Use committee and the participa- ting public that as a property adjacent to the Town of Vail, some level of development was warranted. At the same time, this parcel was recognized as being very en- vironmentally sensitive and valuable to the Town of Vail as open space. The land use designation was proposed as a use that should give development potential to the property, yet maintain and understand the environ-mental sensitivity of the parcel. Criteria #2. Is the amendment resentin a convenient, workable relationship amon land uses consistent with municipal objectives? As an implementation of the Land Use Plan, this applica- tion is consistent with municipal objectives. However, it. is recognized that this parcel of land is highly visible and environmentally sensitive. While the zoning of the property meets and is consistent with municipal objectives, any development plan and subdivision proposal will need to be reviewed very carefully to ensure that the proposal is consistent with the development objectives of the Hillside Residential land use designation and of the Town of Vail. While we currently have indication that there is legal and physical access and there will continue to be legal and physical access in the future, this issue will need to be discussed and clarified at the subdivision stage. Criteria #3. Does the rezonin pro osal rovide for the growth of an orderly and viable community? The Community Development Department feels that the rezoning itself does allow for the growth for an orderly and viable community. We feel that the Hillside Residential designation while allowing the developer development potential for his property, will assure envi- ronmentally sensitive development of the property. At this point, there is not enough information to comment on any development of the site at all. A very thorough review will be necessary to ensure that all proposed - development does meet this criteria for orderly and viable growth. III. STAFF RECOMMENDATION Staff recommendation for the proposed zoning of Hillside Residential for this parcel is for approval. The Community Development Department feels that this meets the intent of the Land Use Plan and the development objectives of the Town of Vail. RFSOIITION NO. 27 Series of 1987 A RESO=ON FUR TBE FP=WATION AND N%INI`IIMCE OF THE VAIL NAZURE CQNTER WFERFAS; the Vail Nature Center is located on seven (7) acres of grnund _ along the south.bank of the Gore Creek, in the south section of Forl Park, and WHEREAS; the Vail Nature Center is a valuable resource to the town of Vail in that it pravides the Tbwn with a natural presexve, an intexpretive center, self-guided trails and e.nvirormeltal and educational programs, and WF=S; the Vail Nature Center sexves as an educational tool and example to demonstrate preservation and conservation of the natural environmexzt, and WIEREAS; the Tanm Council of the Tbwn of Vail is desirous of establishing . general policies to maintain, presezve and ent-ance the appeal of the Vail Nature Centex. NOW, TfEREFoRE, be it resolved by the Tbwn Council of the Tbwn of Vail, that: The follawing policies shall establish general guidelines for the maintenance, enhancement arid tuture developrent of the Vail Nature Center: - 1. The seven (7) acres designated as the Vail Nature Center will be preserved in their natural state as an exanple of the Gore Valley's . . natu.ral history. 2. The Center will remzin aocessible only via the foot paths (4 self guided trails). Vehicle access will be prohi_bited with the exception - of delivery of items too cuunbersome or heavy to be manually delivered to the Center. 3. The Pelicies and Proc-.edures manual of the Vail Nature Center addresses in detail the goals and objectives of the Vail Nature Center and the maintenance record for the grounds and facility. Staff procedures for appropriate care, preservation and maintenance of the Center's buildi.ng and grounds are listed in detail in this manual. 4. Substantial changes to the buildirig and ground.s must be reviewed by the 'Ibwn Council and other applicable Tbwn review agencies. INI'RODUCED, READ, APPROVED AND ADOPTED, this day of , 1987. - Town Clerk Mayor ~ r. ~ TO: Design Review Board FROM: Community Development Department DATE: July 15, 1987 SUBJECT: Sign variance request for the Vail Conoco APPLICANT: GTS, Inc. I. REQUEST The Vail Conoco station will be located at the site of the former Exxon station on the South Frontage Road in West Vail. As an Exxon station as recently as a month ago the station displayed 320 square feet of signage, that signage was split between two separate free standing sirhs. One 70 to 90 feet in the air and the other 14 feet in the air. The Conoco station is requesting a total of 48 square feet of signage to be split between two different signs, a free standing sign adjacent to the frontage road is 14 feet in height and is a dimension of 12 x 3.3 feet 7 inches which is approximately 44 square feet. The second sign will be a 3 1/2 foot x 1 foot sign mounted on the wall of the building adjacent to the entry, this sign will total 3 1/2 ~ square feet for the total square footage of approximately 48 square feet. The Sign Code allows for a single business use, signage up to 20 square feet, and in the case of this building having only one pedestrian or vehicular way only one sign would be allowed. The height of a free standing sign is restricted to 8 feet above grade. This request would require a variance from size, height, and number criteria of section 16.20.050 of the Sign Code. II. FINDINGS AND STAFF RESPONSES Before the board acts on a variance application, the applicant must prove physical hardship and the board must find that: A. There are special circumstances or conditions applyinq to the land, buildings, topography, ve etation, si n structures or other matters on ad'acent lots or within the adjacent right-of-way which would substantially - restrict the effectiveness or the si n in question; provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses ~ or enterprises. _ ~ Staff Response• Gasoline service stations as businesses directly oriented to vehicular traffic traditionally display signage above and beyond what would be allowed through the Vail Sign Code. The West Vail area consisting of the Phillips 66 and the West Vail Texaco stations display signage comparable to what was previously existing on this site as an Exxon station. That signage, as nonconforming through the Town of Vail Sign Code, has an amortization period of five years. Due to the recent de-annex and re-annexations of this area the clock has started over again for the five year amortization period of that signage. The gas stations at the Main Vail interchange as well as the Chevron station located at the edge of Lionshead, do meet the Town of Vail Sign Code. These stations are oriented mainly to local traffic. The operators of the Vail Conoco station feel that they relate more closely to the West Vail stations as an I-70 interchange oriented service station. They - feel that they would be severally restricted in competition with the existing gas stations by complying with the Town of Vail Sign Code. They have submitted a proposal that they feel will meet needs, ~ which is substantially reduced from the previous Exxon signage on this site. . As a staff, we feel that the applicants have responded to their needs and the Town of Vail Sign Code by presenting a responsible request. B. That special circumstances were not created by the applicant or anyone in rivy to the a licant. Staff Response: While the operators of this service station stay the same, the fact that they have changed from Exxon to Conoco, requires them to come into compliance with the sign code. They therefore do not benefit from the annexation actions as the other West Vail stations do. While the change in product requiring the change in signage is a circumstance created by the applicant, we feel that this situation of dealing with this _ competition is a circumstance that was not created or controlled by the applicant. ~ _ , . ~ ~ C. That the granting of the.variance will be in eneral harmony with the ur ose of this title and will not be materially detrimental to the persons residin or working in the vicinity, to adjacent pro erty, to the neighborhood, or to the public welfare in general. Staff Response: Generally, the Town of Vail Sign Code is oriented to pedestrian and slow moving local vehicular traffic. The Town of Vail Sign Code does not really address the needs of interchange oriented businesses such as a service station. We feel that this applicants request given the signage of other existing interchange gas stations, and the previous signage displayed at this site, is reasonable and therefore harmonious with the purpose of this title. D. The variance applied for does not depart from the provisions of this title any more than is required to identify the applicant's business or use Staff Response• We feel that the applicant has presented a proposal ~ that is sensitive to the environment of the Town of Vail and to the Sign Code and Design restrictions of the Town. While this is a substantial variance from - the Town code, we do feel that this does not depart from the provisions of the title any more than is required in order to meet the applicants needs. III. STAFF RECOMMENDATION Staff supports the variance request for size, number of signs and height. Staff believes that the proposal is harmonious with the sign code's requirement that signage not call undue attention to itself, while the request for additional square footage does depart somewhat from the signage allowed in the code, the nature of this business dictates somewhat of a departure from the Town of Vail sign code. Staff recommends approval of the request. ~ , .1 10/29/87 These are the Town staff's written responses to the allegations in Walt Halley's letter. No response is being sent to Halley or anyone else. ISSUE 1- Handling of the purchase of the Town residence A. Much time spent debating the question of purchasing a Town residence and extensive time searching for one suitable to the perceived needs of the Town and to meet the needs of a Town Manager with a family. B. At one point, the Town had a contract on a half-duplex in Booth Creek in the $300,000 range - contract was not consummated due to some technical faults with that particular residence. C. Then we directed the Town Manager to search for a house that suited his family's needs in Vail or anywhere in the Vail Valley - if they were able to find a house they wished to purchase, the Council agreed to study the possibility of assisting the Town Manager in financing a purchase if the house and its purchase price were appropriate. D. Two houses in Eagle-Vail were discovered and discussed. The Council, however, felt it to be very important that the Manager reside in Vail, so we decided that any residence to be considered would be located with the Town. E. It was then decided by the Council to circulate a request for recommendations among the Vail Realtors, outlining the requirements of the house desired by the Council. We received many new proposals, several of which were in West Vail. At that time, we began to favor the idea of West Vail because we felt it addressed our commitment to unification of the valley. F. A committee was appointed to investigate the houses submitted: Gordon Pierce, architect, who is knowledgeable of ordinances, quality of construction, difficulty of repairing or upgrading, and who has significant expertise in costs of construction and remodeling; Gail Wahrlich-Lowenthal, manager of Land Title Company, which handles many of the real estate transactions in Vail and has keen awareness of price shifts in the market and sales prices of transactions throughout the valley; Hermann Staufer; restauranteur, businessman, developer, and a property owner in Vail, West Vail and downvalley, who has been closely involved in Vail real estate for 15 to 20 years; and Paul Johnston, a real estate broker and property manager involved in Vail real estate for the past ten years. G. When we made the decision to purchase the present Town residence, there were several key factors other than those mentioned above which influenced our decision. This was a primary-secondary (duplex) residence and provided two residences for $223,000! By combining the units, it would be adequate for the Phillips family. Should the next Town Manager have a smaller family, they could use only the primary section of the house. Should the next manager be single, he or she could use whichever part of the house he or she preferred. In either such case, the unused part could be rented to offset the cost to the Town. -2- H. Because we could purchase the residence in the $79 per square foot range, we were comfortable that $25,000 to $50,000 in repairs, maintenance and building code compliance costs would still result in good market value. I. There was one Council member who was philosophically opposed to purchasing a house at any price. ISSUE 2 - Frank DeFalco A. 1. Lawsuit brought by DeFalco now in litigation - cannot discuss details because of possibility of being accused of trying to influence the jury. 2. Blown out of proportion - DeFalco's attorney asked that the hearings be open to the press and the proceedings have been thoroughly reported. 3. Insurance policy covers defense of lawsuit - public money is not being spent. 4. Dealing with a decision made by a Town of Vail Department Head to terminate an employee. Not a decision made by the Town Council, nor _ did the Town Council have any control over the decision as it is administrative only. The Town Charter gives the Town Manager overall administrative power in dealing with employees, and that power, to a certain extent, is delegated by Town Charter to Department Heads. They have to make a determination based on performance as to which employees are to be retained, promoted, etc. and which employees are terminated. Although we are not obligated to do so, the Town of Vail in its Personnel Rules and Regulations gives employees certain rights, should they be terminated or suspended. One such granted -3- right is that termination or suspension should only be for specified reasons. Another right given is that upon termination or suspension any employee with the Town of Vail lower than Department Head has the right to appeal that decision in an administrative hearing. Frank DeFalco utilized that right, a right which the Town gave him, and had a hearing on whether the termination was proper. It was determined that it was proper and now he is challenging that in Federal District Court. 5. Every disciplinary action well documented. The DeFalco hearings were extremely fair and professionally handled. DeFalco's attorney stated at the end the hearing officer had done a good job and the hearing process was fair. 6. Allegations made are of a personal nature which are not related to job performance. No charges, complaints or indictments of perjury have been brought against anyone who testified in the DeFalco hearings. 7. Ron was a totally unbiased observer with no vested interest in the Vail Police Department administrative staff. He was new at the time and had not hired the Chief. He was very interested in observing the proceeding to determine if Police Department supervisory personnel including Chief had acted properly. Police Department is doing an outstanding job. PR, drug enforcement - citizens are pleased - best ever. Responded very well to community wishes. New Year's Eve and 4th of July. -4- 8. Attrition rate in Vai1 Police Department has remained same since 1973, approximately the same attrition rate as the Public Works/ Transportation Department. Resort town, shift work. Many new hires are new to police work and do not know what they are getting into. Most have left for personal reasons. Very few have left because of dissatisfaction; only 13.4% because of dissatisfaction with administration. Exit interviews not done by Police Department, but by the Personnel Office. These are held confidential from supervisor if the employee wishes. There is a greater pool of local labor/trades personnel who are stably located. Police personnel are recruited from around the state and are less likely to remain for a long time in a resort community. 9. Ticket fixing was never an issue in the DeFalco hearings. Allegations of perjury were never brought at the hearing and no charges have ever been brought by anyone. Allegations of poor leadership and selective discipline, when substantiated, are very important to the Town Manager. After 10 days of hearing this matter, there was no substantiation of any of those allegations in the Town Manager's opinion. If there were those kind of substantiations, the Town Manager would have made a different decision and Police Department administration would have been changed. 6. "Charlie Wick old college buddy of Curt Ufkes" - Curt Ufkes was a sophomore or junior and Charlie Wick was a freshman at University of Northern Colorado. Curt was head resident on first or third floor and Charlie lived on the second floor of the same dorm. Curt and Charlie -5- never were social acquaintances in college. Curt Ufkes worked for the Uail Police Department four years before Charlie was hired by Rich Caplan, then Vail's Town Manager (Rich, by the way, promoted Curt Ufkes to the Vail Police Chief's job). Charlie and Curt did not talk to each other from 1974 until Charlie was hired and came to work for the Town of Vail in 1980. C. Coskie - Allegations of pushing a drunk man down stairs in May, 1983. 1. Incident was investigated at the time; no wrong doing was found on the part of any officer, and no claim was ever made against the Town by the alleged victim. 2. Man was not held, released. Clerical error in computer. No bond was paid by anyone, especially Ken Hughey. ISSUE 3 - Ron Phillips A. Selection process - Rod Slifer was Mayor at the time, not Paul Johnston. B. Did not know and had not met or heard of Paul Johnston in Oklahoma or anywhere else before the initial interview. This statement illustrates just how ludicrous the whole letter is. Fabricated illusions to try and tie completely unrelated situation together. These are empty allegations tied together in a flimsy way to make a case that doesn't exist. C. Hunting license - admitted the offense, confessed to Town Council, Town employees, family and church - confirmed all media questions and did not deny anything. The Town Council did not vigorously defend Ron, but simply stated they felt it was not a reason to remove him from the job. The Council, in fact, was extremely angry about the incident. But they gave him another chance. Ron was apologetic, said it was stupid and -6- inexcusable - no previous instances and none since. "Worst mistake of my life." ISSUE 4 - West Vail No moral lapse. Attorney for the Town at the time felt there was nothing illegal about annexing Federal land. BLM said they could not give permission, but would not oppose it. Tried to do it the most simple way to save time and money. The vast majority of West Vail residents voted in favor. A majority of the Council now is made up of different people than when that was done. West Vail has been largely reannexed to date with no legal challenges. ISSUE 5 - Blitstein A. Charges were brought by complainant Sharon Chang. Referred to Vail Police Department by the D.A.'s office. All search and arrest warrants were issued properly by the District Court after review and approval by the District Attorney's office. All search procedures were done lawfully. What happened was common, through an agreement through the D.A.'s office between the complainant and the defendant where the money was to be returned to the complainant, the D.A. dropped the charges against the defendant. All allegations were reviewed with D.A.'s office, and no substantiation could be found. Also through internal investigation. B. Liquor Authority found the Red Lion under Mr. Keleman's ownership was guilty of numerous liquor law violations. The whole board made those decisions, not just Jack Curtin. Numerous individuals complained about Red Lion violations and testified in the hearing. Evidence in the hearing did not come from Jack Curtin, but from other individuals. Curtin did not revoke the license and has no power to do so, but by the Board. -7- CONCLUSION 1. The Town does not know what has been filed by Mr. Halley with the Attorney General office, but no charges have been brought against the Town of Vail by the Attorney General office and we believe they will find nothing to substantiate Mr. Halley's allegations. 2. All the transcripts of the DeFalco hearings are public record. DeFalco invited the media to attend the hearings and the media attended many of those sessions. Cover-up by the Town is impossible. The truth is there is no evidence to substantiate Mr. Halley's many disjointed allegations. 3. It is obvious the letter is distorted and filled with inaccurate information, and in many instances, just plain wrong. What is true is the Vail Police - Department is being run as a professional, well-trained law enforcement agency which does an excellent job confirmed by its performance. If Mr. Halley or anyone else is unhappy about that fact, it is unfortunate. No cover-ups are taking place at the Town of Vail. In our opinion, Frank DeFalco was properly terminated for inadequate performance and was given a fair administrative hearing. The search and arrest complained of in the letter regarding Marty Blitstein was done pursuant to all proper legal processes with review and approval by both the District Attorney and District Court Judge. Charges were dropped by the D.A.'s office only because the complaining witness did not want to prosecute further once Mr. Blitstein agreed to pay the funds in question. No perjury charges have been brought by any party against any employees of the Town of Vail and no charges of any kind have been filed by the District Attorney's office or the Attorney General's office. -8- ti 9 40~1 tow 75 south frontage road office of the town manager vail, colorado 81657 (303) 476-7000 T0: PAUL JOHNSTON FROM: PAM BRANDMEYE~ DATE: 270CT87 RE: COST OF TOWN OF VAIL ELECTIONS Paul, as you look through the thr.ee attachments, please note I have drawn from three typical electians in recent history, i.e., Matterhorn Annexation election, Regular Municipal election, and the Special Municipal Election to replace Dan Corcoran. None of the attachments include cost breakdowns that would relate to staff time and services and office supplies. - - ~y;~ IDWRI of uail 75 south irontage road office of the town manager vail, colorado 81657 (303) 476-7000 T0: LARRY ESKWITFy-~ FROM: PAM BRANDME DATE: 20AUG86 RE: ELECTION EXPENSES INCURRED FOR THE MATTERHORN ANNEXATION Per your request, please find below a listing of expenses paid by the Town of Vail for the Matterhorn Annexation Election held July 8, 1986: PUBLICATION NOTICES $ 8.58 420.54 713.70 260.58 $1,403.40_ FOOD $ 4.75 41.22 33.50 $ 79!47 BALLOTS AND ELECTION SUPPLIES $159 . 67 (yu,& ~M ' 339.45 k, "Oa.~ 116. 00 ~ $ 615.12 JUDGES 5 @ $50.00/each $ 250.00 MISCELLANEOUS $ 5.53 24.00 $ 29.53 $2,377.52 , - - 10WH of uail 75 south irontage road office of the town manager vail, colorado 81657 (303) 476-7000 T0: PAUL JOHNSTO FROM: PAM.BRANDMEYE DATE: 270CT87 RE: ELECTION COSTS, SPECIAL ELECTION TO FILL DAN CORCORAN'S POSITION NOVEMBER 1986 Per your request, the following expenses were incurred for the special election held November 4, 1986, to fill the position previously held by Dan Corcoran: PUBLICATIONS $ 10.14 18.72 14.40 14.82 $ 58.08 FOOD , $ 23.35 18.30 $ 41.65 JUDGES 3 @ $60.00/each $180.00 BALLOI'S $231.35 $231.35 ELECTION SUPPLIES $ 92.45 $ 92.45 $002.80 TOTAL ; I , I ~ ~ ~ ~ i ~ tOWo, Of Val ~ Personal Memo from . . . Pam Brandmeyer ~ U~iJ~~ r ~ ~L"?' - " " ~ ( ~t 8~ 11-19 The Va,c:,e Tna.i,e (E2ecti.an Re~suPts) $ 222,30 The Va,i,2 7ruu;e ( PubZc:.c Nati.ce ) 357.42 11-5 Lunch (Pnep. a~, 8a..2ots w/J. Ph,f,e,Pi.ps) 12.54 11-19 Dinnetc. (Hec.t,i.an Judgu 23.51 1 l -19 Danu.t,6 it it 5.30 11-19 Lunchu Salc. E.2ectivn Judg e~s 21.68 11-19 Judges Fee 5 @ $60. 00 each 300.00 Noecfze,P6 (Bu,Uat6,Ab,5ewtee, e.tc. 1474.55 HaecFte,tz (Ftecti.an Supp.Pies) 250.26 CES ( E2ec.t,c:an Ba,Uats) 233.00 The Va,it Tna.i,e (Pubti.c Noti.ce) 198, 12 3, n~8 - o• ~ 222-30 t 357 • 42 -F 12•54 t 23•51 t 5•30 + 21 • 68 t 300 • 00 + 1474•55 t 250 • 26 t 233•00 t 198-12 t 3098• #