HomeMy WebLinkAbout1987-12-01 Support Documentation Town Council Regular Session
VAIL TOWN COUNCIL
~
REGULAR MEETING '
TUESDAY, DECEMBER 1, 1987
7:30 p.m.
AGENDA
1. Horse Drawn Carriage Agreement
2. Ordinance No. 39, Series of 1987, second reading, an ordinance repealing
and reenacting Chapter 5.04 Annual Business License; and setting forth
details in regard thereto.
3. Ordinance No. 40, Series of 1987, second reading, an ordinance approving a
special development district (known as SDD No. 18, Garden of the Gods Club)
and the development plan in accordance with Chapter 18.40 of the Municipal
Code and setting forth details in regard thereto.
4. Ordinance No. 41, Series of 1987, first reading, an ordinance amending
Section 5.24.080 of the Municipal Code of the Town of Vail and providing
for new fees to be charged by the Town of Vail for monitoring alarm -
systems, and in addition, providing that fees subsequent to 1988 shall be
increased in direct proportion to the increase in the United States
Consumer Price Index.
5. Ordinance No. 42, Series of 1987, emergency reading, an emergency ordinance
amending Section 9.52.040 Injuring Street of the Municipal Code of the Town
of Vail, Colorado to add a provision permitting the Town Manager to allow
snowcats upon the paved public streets in the town for certain special
events with the permission of the Town Manager and to further provide that
the Town Manager may place reasonable conditions on the granting of such
permission.
6. Ordinance No. 43, Series of 1987, first reading, an ordinance zoning
property located at 1785 Sunburst Drive as legally described in the _
attached legal description from low density multiple family to single family residential and amending the official zoning map in relation
thereto.
7. Amphitheatre Lease Agreement between the Town of Vail and Vail Valley
Foundation
8. Appointment of an Election Commission
CITIZEN PARTICIPATION
9. Town Manager's Report
10. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 1, 1987
7:30 p.m.
EXPANDED AGENDA
7:30 1. Horse Drawn Carriage Agreement
Larry Eskwith
Stan Berryman Action Requested of Council: Decide whether it wishes to
enter into a new agreement with Steve Jones, permitting
Jones to operate a horse drawn carriage on the streets of
the Town.
Background Rationale: The Town entered into a contract with
Jones permitting him to operate a horse drawn carriage
service on designated streets within the Town for the summer
season. Jones would like a new contract permitting him to
continue the service through the winter. Public Works
indicates there were no substantia•1 problems caused by the
service this past summer.
7:45 2. Ordinance No. 39, Series of 1987, second reading, regarding
Charlie Wick business license fees
Action Requested of Council: Approve/deny Ordinance No. 39,
Series of 1987, on second reading.
Background Rationale: This ordinance has been an ongoing
process for raising monies for the marketing of Vail.
Staff Recommendation: Approve Ordinance No. 39, Series of
1987, on second reading.
8:15 3. Ordinance No. 40, Series of 1987, second reading, regarding
Kristan Pritz a request to rezone the Garden of the Gods Club from public
accommodation zoning to a special development district -
Action Requested of Council: Approve/deny Ordinance No. 40,
Series of 1987, on second reading.
Background Rationale: This ordinance was a request to
rezone Lot K, Block 5A, Vail Village 5th Filing, the Garden
of the Gods Club.from public accommodation zoning to a
special development district in order to remodel 16
accommodation units and to add six dwelling units.
(Applicant: Mr. A. G. Hill, Sr.)
The PEC reviewed this request on November 9th. The
Commission's recommended approval of the request 4-0 with
one abstention. In general, the PEC felt that the proposal =
was an example of a well done upgrading of a small lodge.
One member stated that the Town could perhaps have more
incentives for the redevelopment of small lodges to keep
Vail's lodging competitive. One member felt that the -
over-reliance on the subdivision use restrictions could
prove to be a mistake in the long run as the restrictions
are difficult to enforce which could lead to a loss of our
short-term bed base.
_ Staff Recommendation: Approve Ordinance No. 40, Series of
1987, on second reading.
8:30 4. Ordinance No. 41, Series of 1987, first reading, regarding
Ken Hughey modification of fees to be charged by the Town to monitor
alarm systems
Action Requested of Council: Approve/deny Ordinance No. 41,
Series of 1987, on first reading.
Background Rationale: The current monthly monitoring fee
was established in 1983 and has not been modified to keep
pace with increased costs. We are proposing to increase the
fee to $20 per month for 1988 and allow the future fee
structure to be in proportion to the U.S. Consumer Price
Index.
Staff Recommendation: Approve Ordinance No. 41, Series of
1987, on first reading.
8:50 5. Ordinance No. 42, Series of 1987, emergency reading, adding
Larry Eskwith a provision to the Municipal Code permitting snowcats on
public streets for certain special events
Action Requested of Council: Approve/deny Ordinance No. 42,
Series of 1987, on emergency reading.
Background Rationale: The Town Council requested that the
current ordinance, which prohibits heavy equipment from
operating on Town streets, be amended to allow snowcats to
be operated on Town streets for certain special events.
9:15 6. Ordinance No. 43, Series of 1987, first reading, requesting
Peter Patten to Rezone Property located at 1785 Sunburst Drive from Low
Density Multi-Family to Single Family Residential
Action Requested of Council: Approve/deny Ordinance No. 43,
Series of 1987, on first reading.
Background Rationale: In 1982, upon completion of the Vail
Golf Course Townhomes Expansion project, the Publis Ranch
(which also contained the above property) was subdivided
through a townhouse plat into two portions. One part is the
subject property which contains a single family residence
and the larger parcel which contains the Vail Golf Course
Townhomes. The two parcels are separated by Sunburst
Drive. Zoning for both parcels is Low Density Multiple
Family. The applicant is requesting Single Family
Residential zoning for the small parcel which contains the
single family home. The PEC vote was 6-0 in favor.
(Applicant: S.H. Shapiro and Company)
Staff Recommendation: The staff recommends approval of the
change in zoning. We see no adverse effects and feel the
zone change is appropriate. Approve Ordinance No. 43,
Series of 1987, on first reading.
9:30 7. Amphitheatre Lease Agreement between the Town of Vail and
Larry Eskwith Vail Valley Foundation
Action Requested of Council: Determine the terms of a new
lease agreement between the Town and the Vail Valley
Foundation for the Ford Amphitheatre. _
Background Rationale: The initial lease between the
Foundation and the Town for the Amphitheatre premises has
terminated and the parties need to negotiate a new lease.
9:55 8. Appointment of an Election Commission
Pam Brandmeyer
Action Requested of Council: Approve/deny the following
nominees:
REGULAR MEMBERS
1. Lauralee Swetish - 2945 Booth Creek Drive
2. Kathy Rossi - 5127 Black Gore Drive
ALTERNATES
1. Celine Krueger - 1628 Vail Valley Drive
2. Vi Brown - 2556 Cortina Lane
-2-
Background Rationale: Per Section 2.5 - Election
Commission, of the Cha'rter, an Election Commission composed
of 2 members is to be appointed at the first meeting in
December following a Regular Municipal Election. The term
is for 2 years and these individuals are not to receive
compensation. As in the past, I am requesting the
appointment of 2 regular members, as well as 2 alternates,
to serve until December 1989.
Staff Recommendation: Approve the nominees.
CITIZEN PARTICIPATION
10:05 9. Town Manager's Report
10:10 10. Adjournment
-3-
~HORSE DRAWN CARRIAGE AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1987, by and between the Town of Vail,
Colorado, a Colorado municipal corporation ("the Town") and Steve
Jones ("Jones").
WHEREAS, Jones wishes to operate a horse drawn carriage
business on the streets of the Town; and
WHEREAS, the Town is willing to let Jones operate said
business in accordance with the terms set forth herein.
NOW, THEREFORE, the parties agree as follows:
Section 1. Definitions
Whenever used in this Agreement, the following words, terms
and phrases respectively shall have the following meaning:
Horse Drawn Carriage - a multi-wheeled,
hooded, or unhooded vehicle that is propelled
by horse power, is used in the transport of
passengers and is available for hire on the
public streets of the Town with a driver.
Section 2. Term.
In consideration of the conditions, provisions and premises
contained in this Agreement, Jones is granted for a period of one
, (1) year, from November 24, 1987 to November 24, 1988, to
establish, own, maintain, and operate a horse drawn carriage
company over and upon the streets of the Town which are desig-
nated for such operation by the Town Manager.
1
The Town Council shall have the right to revoke or terminate
the privileges granted herein at any time for cause upon ten (10)
days prior notice to Jones in writing and no lapse of time,
expenditure of money or any other thing shall be deemed to give
Jones any vested interest or right in the continuation of his
horse drawn carriage business. The term "cause" as used in this
Agreement shall include but not be limited to any interference by
the horse drawn carriage operation with the scheduling or
operation of Town buses, emergency services, or general town
traffic. The determination as to whether cause for the
termination of this Agreement exists shall be made solely by the
Town.
Section 3.
1. Non-exclusive
The granting of the privileges pursuant to this Agreement
shall in no way imply that the privileges granted herein are
exclusive. The Town reserves the right at any time to grant the
same privileges to qualified applicants if and when the Town
Council shall determine that the public convenience and necessity
would best be served by doing so.
2. Designation of hours and areas of operation.
A. There shall be no restrictions on the hours of opera-
tions for horse drawn carriages except during Town designated
special events such as the Coors International Bicycle Classic,
\
Jerry Ford Golf Tournament, the 4th of July, Christmas Tree
Lighting, American Ski Classic, and other events which may be
2
designated by the Town. During such events, horse drawn
carriages will be prohibited from operation so as not to conflict
directly with these events.
B. The area designated for operation shall be from the
easterly end of Sunburst Drive in the golf course neighborhood,
westerly to West LionsHead Circle and the Marriott Mark. C.From
November 25, 1987 through April 30, 1988 (ski season), horse-
drawn carriages will not be equipped with gate openers and will
be prohibited from operating in the gate restricted areas of the
Town.
D. At all times, horses shall be equipped with slings
which will catch excrement. Any excrement which is not contained
by the required "slings" shall be cleaned up by Jones. The
excrement shall be deposited only at the location where the
horses are permanently or usually stabled. The excrement shall
not be deposited in any dumpsters or trash containers unless
securely packaged and only with previous approval of the
Environmental Health Officer. If the excrement is not
immediately removed by the driver, it may be removed by the Town
and the expense of such removal shall be paid by Jones.
E. Horse drawn carriages shall at no time be left un-
attended. Drivers shall remain with the carriages at all times.
F. Drivers shall be experienced in the operation of horse
drawn carriages.
G. Horses shall be trained to operate safely in pedestrian
congested areas.
3
Section 4. Traffic Laws Applicable to Horse Drawn
Carriages.
Jones, his agent or employee, shall be granted all rights
and shall be subject to all the duties applicable to the rights
of a horse drawn vehicle pursuant to Article XVII of the Model
Traffic Code for Colorado municipalities, 1977 edition, adopted
by Chapter 10.04 of the Municipal Code of the Town of Vail.
Jones, his agent or employees, shall operate horse drawn
carriages in such a manner that they do not interfere in any way
with the operation of the Town buses and bus system, emergency
vehicles, pedestrians, or other traffic.
Section 5. Schedule of Charges to the Public.
Jones shall file with the Town Manager a schedule of the
current fees to be charged to the public for horse drawn carriage
services. An amended fee schedule shall be filed at any time the
fees Jones charges to the public are changed.
Section 6. Number of Horse Drawn Carriages.
It is the judgement of the Town Council that in order to
enable the Town bus system to function properly and to protect
pedestrians within the Town that controlling the number of horse
drawn carriages operating within the Town of Vail is within the
gublic interest. To this end, the number of horse drawn
carriages permitted to be operated on the streets of Vail
initially is one (1). The maximum and minimum number of horse
drawn carriages operated by Jones shall at all times be within
4
the limits determined by the Town Manager applying the principles
of a public convenience and necessity.
Section 7. Driver's License.
Neither Jones, his employees or agents shall be permitted to
operate a horse drawn carriage within the Town without first
having obtained a valid Colorado driver's license.
Section 8. Character of Horse Drawn Carriages.
Al1 horse drawn carriages used in connection with this
Agreement shall be well maintained and shall carry no advertising
signs. All horse drawn carriages operated in the Town of Vail
shall be equipped with brakes.
Section 9. Insurance.
Before Jones operates horse drawn carriages in accordance
with this Agreement, he shall furnish the Town Manager evidence
that he has obtained the following insurance coverage and Jones
agrees to maintain such coverage at all times.
A. Employees' Liability and Workmen's Compensation.
B. For every horse drawn carriage owned, operate or leased
by Jones, public liability insurance with minimum limits of not
less than $500,000 on each person and $500,000 for each accident
and $500,000 for property damage.
Section 10. Conduct, Appearance and Dress of Horse Drawn
Carriage Drivers.
All horse drawn carriage drivers employed by Jones shall
conduct themselves in a manner which demonstrates tact, courtesy
5
and good judgment. They shall be dressed in a neat and clean
manner during working hours.
A. Prior to any of Jones's horse drawn carriage drivers
operating the horse drawn carriages on the streets in Town, each
shall be required either individually or as a group to meet with
Mr. Skip Gordon, Town Transit Superintendent. He can be reached
at your convenience at the Town offices, 476-7000, ext. 228.
B. Al1 horse drawn carriage drivers will attend at least
one "Guest Relations" seminar or class before operating a horse
drawn carriage. Proof of attendance must be presented to the
Town Superintendent at the meeting outlined in (A) above.
Section 11. Conformity to Law.
Jones agrees to conduct his business under this Agreement in
accordance with the laws of the State of Colorado, and the Town
of Vail.
Section 12. Indemnity.
Jones shall indemnify, defend, save and hold harmless the
Town and all its officers, agents and employees from any and all
suits, actions or claims for damages of any character name and
and description including reasonable attorney's fees to any
person including personal injuries resulting in death, or to any
property occasioned by or arising out of the conduct of Jones'
business.
Section 13. This Agreement shall not be assigned or its
privileges sublet, nor shall any of the rights or privileges
granted or authorized herein be leased, assigned, sold or
6
. -
transferred without the prior consent of the Town Council.
7
_ , _
IN WITNESS WHEREOF, the parties have signed this Agreement
this day of , 1986.
TOWN OF VAIL, a Colorado
municipal corporation
By:
Rondall V. Phillips, Town Manager
STEVE JONES
By:
Steve Jones
8
9 .
ORDINANCE N0. 39
Series of 1987
AN ORDINANCE REPEALING AND REENACTING CHAPTER 5.04 ,
ANNUAL BUSINESS LICENSE; AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, the Town Council has held numerous public meetings to determine what
municipal projects the public wish to have public funds expended upon; and
WHEREAS, increased marketing of tourism by the Town was the number one goal of
the members of the general public who attended those meetings; and
WHEREAS, the Town Council wishes to implement the desires of the inhabitants
of the Town of Vail in regard to increased marketing of tourism; and
WHEREAS, the Town Council of the Town of Vail believes that it is in the best
interests of its citizens to increase expenditures for the purpose of marketing
tourism; and
WHEREAS, in order to increase such expenditures, the Town believes it is
necessary to change the structure of the business license fee to raise additional
funds in a fair and equitable manner.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
1. Chapter 5.04 Annual Business License is hereby repealed and reenacted
with amendments to read as follows:
5.04.010 Purpose
The purpose of this Chapter shall be to require the licensing and
regulation of business activities, occupations and enterprises conducted within the
Town of Vail, to provide the Town of Vail with necessary information relating to
businesses and professions operating within the Town and to generate and raise
additional revenues for the Town of Vail for the purpose of marketing and promoting
the Town of Vail and its environs as a year around resort, to promote and market
activities and events beneficial to the economic health of the community.
5.04.030 Definitions ~
For the purposes of this Chapter the following definitions shall apply:
A. Business means any business, profession, occupation, or activity
engaged in by a person for profit, gain, benefit or advantage which is conducted on
premises within the Town.
B. Licensee means any person required to obtain an annual business
license.
C. License year means the calendar year January 1 through December 31.
D. Person means any individual, partnership, corporation, firm, estate,
trust, association, joint venture, or other entity.
E. Premises means any land, structure, lodge, store, office, sales
room, warehouse, or other place of business situated within the Town which is
owned, leased or occupied by a business.
F. Town means the Town of Vail, Colorado.
G. Accommodation unit means any room or group of rooms without kitchen
facilities designed for or adapted to occupancy by guests and accessible from
common corridors, walks, or balconies without passing through another accommodation
unit or dwelling unit.
H. Dwelling unit means any room or group of rooms with kitchen
facilities designed for or used as an independent housekeeping unit.
I. Restaurant means any establishment no matter how named or designated
at which food and/or alcoholic beverages is sold for consumption on the premises.
J. Home occupation means a business which is conducted entirely within
a residence and is clearly incidental and secondary to the use of the residence for
. dwelling,purposes and which is not the primary business of the occupant and is
carried on for not more than twenty (20) hours per week.
K. Ski company means a business which has as one of its primary sources
of income the operation of ski lifts. -
L. Athletic club shall mean a business which has as one of its primary
sources of income the charging for the use of racquet courts and/or other athletic
facilities such as free weights, weight machines, swimming pools, etc.
M. Business floor area shall mean the number of square feet located
within any "premises" as defined in this section.
N. Short term rental means a rental of an accommodation unit or
dwelling unit for a term not in excess of thirty consecutive days. -
5.04.030 License Required
It shall be unlawful for any person to maintain, operate, conduct or
engage in any business activity on premises within the Town without having first
obtained a business license pursuant to this Chapter. A business license shall be
obtained for each place of business within the Town regardless of whether the
business conducted therein is a separate business or a branch, division or agency
of a licensed business situated at another location in the Town.
-2-
5.04.040 Fee
An annual business license fee shall be paid by every person doing
business within the Town in accordance with the following schedule:
A. Any person who engages in the short term rental of either
accommodation units or dwelling units for consideration to one who uses, possesses
or has the right to use or possess such accommodation unit or dwelling unit shall
pay a minimum annual fee of four hundred dollars ($400) and in addition shall pay
thirty-six dollars and twenty cents ($36.20) for each accommodation unit or
dwelling unit in excess of ten units.
B. Restaurants shall pay a minimum annual fee of four hundred dollars
($400) and in addition pay sixteen dollars and seven cents ($16.07) for each seat
in excess of twenty-five (25) seats.
C. Ski companies. Ski companies shall pay an annual fee of fifty-five
thousand dollars ($55,000).
D. Athletic clubs.
1) Athletic clubs containing more than two thousand nine hundred
eighty-five (2,985) square feet of business floor area shall pay a fee of one
thousand dollars ($1,000).
2) Athletic clubs with less than two thousand nine hundred eighty-
five (2,985) square feet of business floor area shall pay an annual fee of four
hundred dollars ($400), and in addition shall pay thirty-one cents ($.31) for each -
square foot of business floor area in excess of one thousand fifty-two (1,052)
square feet up to two thousand nine hundred eighty-five (2,985) square feet of
business floor area.
E. Home occupations shall pay an annual fee of seventy-five dollars
($75).
F. All other businesses shall pay an annual fee of four hundred dollars
($400) and in addition thirty-one cents ($.31) for each square foot of business -
floor area in excess of one thousand fifty-two (1,052) square feet up to a maximum
of thirty thousand (30,000) square feet of business floor area.
G. Any single business other than a ski corporation or athletic club
which is a combination of two or more of the categories set forth in this section
shall pay an annual license fee which shall be the sum of the fees computed as set
forth herein for each category, however, each such business shall be required to
obtain only one (1) business license.
-3-
5.04.050 Payment of Fee
The license fee required hereunder shall be paid as follows:
A. Any business in operation prior to January 20 shall have the option
of paying the entire fee on or before January 20 or paying in three equal
installments on January 20, February 20, and March 20. If a business chooses to
pay the fee in three equal installments and misses any monthly installment, it
shall cause the whole fee to become due and payable immediately.
B. Businesses which are not in operation prior to January 20 shall pay
the entire annual fee pro-rated from the date of the commencement of business to
December 31 of the license year in its entirety prior to the commencement of
business activity.
C. All licenses issued pursuant to this Chapter shall expire on
December 31 of each year and shall be renewed annually so long as such person
continues in business.
D. At the time an applicant applies for a business license hereunder he
shall advise.the Town by affidavit under oath of the following:
1) If the business is the short term rental of accommodation units
or dwelling units he shall advise the Town of the number of units he intends to
rent for the current year.
2) If the business is the restaurant business, he shall advise the
Town of the number of seats in the restaurant for the current year.
. 3) If the business is a business whose license fee may be computed
on the basis of business floor area; he shall advise the Town of the amount of
business floor area in the premises.
In addition, any business license applicant or licensee shall upon
request, provide the Town with information documenting and validating such
information provided under oath.
5.04.060 Exemptions
Persons exempt from the provisions of this Chapter are as follows:
A. Persons who pay an occupation tax or franchise tax to the Town.
B. Employees of the licensee.
C. Churches or established religious organizations.
D. Non-profit corporations.
E. Hospitals.
F. Schools.
-4-
G. Governments including Colorado special districts.
H. Persons exempt under Federal or Colorado law.
All exempt individuals shall be required to file a notice of exemption in
accordance with Section 5.05.020 of this Chapter.
5.04.070 Administration and Enforcement
The administration of the annual business license required by this
Chapter shall be ves"ted in the Finance Director or his/her designee(s) who is
authorized to do the following:
A. Collect license fees.
6. Adopt all forms and prescribe the information to be given therein.
C. Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this Chapter.
D. Investigate and determine the eligibility of each applicant for an
annual business license.
E. Investigate, determine and order the revocation or suspension of an
annual business license for violation by the licensee under provision of this
Chapter.
F. Examine at any time those records of each licensee which the Town
determines are necessary to verify and document license requirements provided the
contents of such records shall remain confidential and not a part of the public
records. -
5.04.080 Delinquencies and Penalties
A. If the business license fee imposed hereunder is not paid within
thirty days from the time it becomes due it shall be deemed delinquent and the Town
may assess a delinquency charge in the amount of ten percent (10%) of the license
fee due.
B. A violation of this Chapter is a misdemeanor. Violation of any
provision hereunder shall be punishable by a fine not to exceed four hundred _
ninety-nine dollars ($499) or imprisonment for a period not to exceed ninety (90)
days or both. Each day that such violation exists or continues to exist shall be
deemed a separate offense.
C. The Town may seek an injunction to restrain a person from engaging
in business on premises within the Town who does not obtain an annual business
license under this Chapter or whose license is revoked or suspended and this remedy
-5-
shall be in addition to all other remedies prescribed in this Chapter or available
in law or equity.
5.04.090 Attorney's Fees and Costs
In the event it is necessary for the Town to take action for the
enforcement of this Chapter, there shall be added to any fees due hereunder all
reasonable costs and fees incurred by the Town including reasonable attorney's
fees.
5.05.010 Revenue Disposition
The license fees collected pursuant to this Chapter, shall be special
revenues which shall be credited to a special revenue fund of the Town. It shall
be used for the payment of reasonable costs incurred in connection with the
marketing and promotion of the Town's principal industry, tourism, and for the
payment of expenses related to such marketing and promotion, and to promote and
market activities and events beneficial to the economic health and vitality of the
community. Should the Town use the fees collected pursuant to this Chapter to
contract with any person, organization, partnership or corporation for marketing
services to promote tourism, said contract shall provide that no more than fifteen
percent (15%) of the fees paid for such marketing services shall be utilized for
overhead by said person, organization, partnership or corporation. In addition,
each year an amount up to three percent (3%) of business fees collected, not to
exceed a total amount of twenty thousand dollars ($20,000), may be utilized for the -
administration of this Chapter.
5.05.020 Notice of Exemption
Any person claiming an exemption from the provisions of this Chapter
shall file a notice of exemption with the Finance Director of the Town on or before
January 20 of each license year for-any business in operation prior to that date,
or otherwise file notice prior to the commencement of business activity in each
year.
5.05.030 Non-Transferable
No license issued pursuant to this Chapter shall be transferable.
5.05.040 No Refunds
No business license fee shall be refunded on the basis that the business
for which the license has been issued has ceased, or because the business has been
transferred to new owners.
~
-6-
5.05.050 Termination
This Chapter 5.05 Business License shall terminate and cease to be
teffective on December 31, 1990 unless extended by the Town Council on or before
said date by ordinance.
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.
3. 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.
4. 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 previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND APPROVED ON FIRST READING this 17th day of November , -
1987, and a public hearing shall be held on this ordinance on the 17th day of
November , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this 17th day of November , 1987.
PauU'R. Jofinston, Mayor -
~
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-7-
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1987.
ATTEST:
Pamela A. Brandme,yer, Town Clerk
_8_
ORDINANCE N0. 40
` Series of 1987
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT
(KNOWN AS SDD N0. 18, GARDEN OF THE GODS CLUB)
AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER
18.40 OF THE MUNICIPAL CODE AND SETTING FORTH
DETAILS IN REuARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special
development districts within the Town; and ,
WHEREAS, the owner of the Garden of the Gods Club, Mr. A.G. Hill, has
submitted an application for special development district approval for certain
parcels of property within the Town known as Lot K, Block 5A, Vail Village 5th
Filing and a portion of Lot P-2, Block 3, Vail Village 5th Filing; and
WHEREAS, the establishment of.the requested SDD 18 will ensure unified and
coordinated development within the Town of Vail in a manner suitable for the area
in which it is situated; and
WHEREAS, the Planning and Environmental Commission has recommended approval of
the proposed SDD; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants and visitors to establish said
'Special Development District No. 18.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1 Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fulfilled, and the Town Council has received the report of the Planning and
Environmental Commission recommending approval of the proposed development plan for
SDD No. 18.
Section 2. Special Development District No. 18
Special Development District No. 18 (SDD No. 18) and the development plan
therefore, are hereby approved for the development of the parcel noted above within
the Town of Vail.
Section 3. Purpose
Special Development District No. 18 is established to ensure comprehensive
development and use of an area that will be harmonious with the general character
(
of the Town of Vail and to promote the upgrading and redevelopment of a key
property in the Town. The development is regarded as complementary to the Town by
the Town Council and meets all the design standards as set forth in Section 18.40
of the Municipal Code. There are significant aspects of Special Development
District No. 18 which cannot be satisfied through the imposition of standards in a
Public Accommodation zone district. SDD No. 18 is compatible with the upgrading
and redevelopment of the community while maintaining its unique character.
Section 4. Development Plan
A. The development plan for SDD No. 18 is approved and shall constitute the plan
for development within the Special Development District. The development plan
is comprised of the following plans by Snowdon and Hopkins Architects and
consists of 'L-.he following documents:
Sheet l. Site and Landscape Plan - Final Revision: Navember 9, 1987.
Sheet 2. First Floor Plan - November 5, 1987.
Sheet 3. Second Floor Plan - October 30, 1987.
Sheet 4. Third Floor Plan - October 30, 1987.
Sheet 5. Fourth Floor Plan - September 23, 1987.
Sheet 6. South Elevation - September 23, 1987.
Sheet 7. East Elevation - October 6, 1987.
Sheet 8. West Elevation - September 23, 1987.
Sheet 9. North Elevation - September 23, 1987 -
B. The development plan shall adhere to the following:
Setbacks
Setbacks shall be as noted on the site plan listed above.
Height
Heights of structures shall be as indicated on the elevations listed above,
but in no case shall the height exceed 48 feet for a sloping roof or 45 feet
for a flat or mansard roof.
Coverage
Site coverage shall be as indicated on the site plan listed above.
Landscaping
The area of the site to be landscaped shall be as indicated on the final .
landscape plan approved by the Design Review Board and on file in the
Community Development Department.
-2-
- i
Parkin ,
Parking shall be provided on Lot K, Block 5A, Vail Village 5th Filing and a
portion of Lot P-2, Block 3, Vail Village 5th Filing as indicated on the site
plan, but in no case shall the sites have the ability to park less than 27
automobiles.
Section 5. Density
SDD No. 18 shall not contain more than 16 accommodation units, representing 4,596
square feet of Gross Residential Floor Area (GRFA) and 8 dwelling units
representing 12,141 square feet of GRFA. The site shall have a maximum density of
13 dwelling units representing a total GRFA of 16,737 square feet. SDD No. 18
shall also contain 2 employee dwelling units: one employee dwelling unit shall have
a minimum GRFA of 215 square feet and the second employee dwelling unit shall have
a minimum of 515 square feet GRFA. The two restricted employee dwelling units
shall be governed by an agreement between the Town of Vail and the property owner
dated The two restricted employee dwelling units shall be
restricted until September 1, 2002.
Section 6. Uses
Permitted, conditional, and accessory uses shall be as set forth in the Public
Accommodation Zone District while recognizing the property will no longer meet the
definition of a lodge as found in Section 18.04.210. -
Section 7. Use Restrictions
Owners' use restrictions per Section 17.26.075 of the Town of Uail Subdivision
Regulations shall apply to the 16 accommodation units and the middle dwelling unit
on the second floor as indicated on the Second and Third Floor Plans drawn by
Snowdon and Hopkins and dated October 30, 1987. The restricted units represent a
total GRFA of 5,730 square feet.
Section 8. Amendments
Amendments to the approved development plan which do not change its substance may
be approved by the Planning and Environmental Commission at a regularly scheduled
public hearing in accordance with the provisions of Section 18.66.060. Amendments
which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The
Community Development Department shall determine what constitutes a change in the
substance of the development plan.
-3-
Section 9.
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 10.
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.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
,
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 9, 1987
SUBJECT: A request to rezone Lot K, Block 5A, Vail Village 5th
Filing, the Garden of the Gods Club from Public
Accommodation zoning to a Special Development District
and to include a portion of Lot P-2, Block 3, Vail
Village 5th Filing in the SDD proposal in order to
remodel 16 accommodation units and add 6 dwelling
units.
Applicant: A.G. Hill, Sr.
I. DESCRIPTION OF PROPOSAL
The request is for a special development district to
remodel the Garden of the Gods Club by:
A. Adding 6 dwelling units having a total GRFA of 9,992
square feet of which 2,628 s.f. is actually new square
footage.
B. Remodeling 16 existing accommodation units having a
total GRFA of 4,596 square feet. -
C. Expanding the common area by adding two elevators, new
ski storage space (270 s.f.) and a larger entry (175
s.f.).
D. Expanding mechanical space (240 s.f.).
E. Relocating one restricted employee accommodation unit
that will be changed to a dwelling unit. The square
footage is decreased from 610 square feet to 210
square feet of GRFA.
The applicant proposes to restrict all of the 16
accommodation units (4,596 square feet) as well as one
dwelling unit (1,134 square feet) per the use restrictions
outlined in the Subdivision Regulations 17.26.075 that
stipulates
"The condominium units created shall remain in the
short term rental market to be used as temporary
accommodations available to the general public...
An owner's personal use of his or her unit shall be
restricted to 28 days during the seasonal period of
December 24 to January lst and February lst to March
20th."
The project will continue to be run as a lodge in order to
provide customary lodge services and facilities for guests.
In the future, the owner has indicated his intention to
condominiumize the project.
II. REASONS FOR THE SDD REQUEST
A Special Development District is being requested as
opposed to Public Accommodation zoning for the following
reasons:
A. The proposal does not meet the definition of a lodge.
According to the zoning code Section 18.04.210,
definition of a lodge:
"A lodge means a building or group of associated
buildings designed for occupancy primarily as the
temporary lodging place of individuals or
families, either in accommodation units or
dwelling units, in which the Gross Residential
Floor Area devoted to accommodation units
exceeds the Gross Residential Floor Area devoted
to dwelling units, and in which all such units
are operated under a single management providing
the occupants thereof customary hotel services
and facilities."
In respect to the proposed remodel, 51% of the GRFA
will not be devoted to accommodation units. Presently,
53% of the total GRFA is devoted to accommodation
units. The proposed plan will allow for 270 of the
total GRFA to be allocated to accommodation units.
Please see Chart 1.
B. The proposed plan is .5 du's over the allowable
density. 12.5 dwelling units are allowed. 16 a.u.'s
and 2 dwelling units exist creating a total density of
10 dwelling units. The proposal calls for 10
accommodation units, 6 accommodation units which serve
as lock-offs, and 8 dwelling units for a total density
of 13 dwelling units. (Please note: 2 accommodation
units = 1 dwelling unit.)
C. The proposed common area (4,360 square feet) is over
the allowable common area of 3,519 square feet.
The project's existing common area (3,575 s.f.)
exceeds the allowable by 56.s.f. However, the
proposed remodel will remain within the allowable GRFA
even with the excess common area added to the GRFA.
In respect to all other zoning standards and parking, the
project meets the requirements of the Public Accommodation
-2
zone district. Please see the attached zoning statistics
at the end of the memo for more specific square footage
breakdowns. Please see Charts 2 and 3.
III. EVALUATION OF THE PROPOSAL USING SPECIAL DEVELOPMENT
DISTRICT CRITERIA
A. Buffer Zone
The provision of a buffer zone is not applicable to
this proposal.
B. Circulation System
The circulation system on the property will be
unchanged.
C. Functional open space in terms of: o timum
preservation of natural features (includin trees and
drainage areas), recreation, views, convenience and
function.
The property meets the Public Accommodation zone
district's landscaping requirements. The expansion on
the east side of the building will require that seven
existing aspen trees and one large spruce tree be
relocated and planted on site. The applicant is
proposing to also add a mix of 10 trees (aspen and
spruce) at the entry to the lodge. The owner has
agreed that if any of the relocated trees (7 aspen and
1 spruce) die, they will be replaced with comparable
trees.
D. Variety in terms of: housin ty e, densities,
facilities and open s ace.
Clearly, the proposal falls short of ineeting the
definition of a lodge which would require that more
than 50% of the GRFA be devoted to accommodation
units. Even though the number of au's remains the
same, the average size of the proposed au's is
substantially decreased. Existing rooms (au's) range
in size from 328 s.f. to 672 s.f. New au's have room
sizes of 222 to 355 s.f.
Recently, the staff and PEC reviewed the Ramshorn
project which also did not meet the strict definition
of a lodge. In analyzing this type of request, the
staff has taken the position that maintaining rental
restricted units for the bed base is a positive one
for the community. The intent of the requirement that
a majority of the project's square footage be devoted
to accommodation units is to maintain the purpose of
3
the Public Accommodation District as a"site for
lodges and residential accommodations for visitors."
(Section 18.22.110 Purpose section of Public
Accommodation district.) Due to the fact that Special
Development District zoning is requested, there is
, some flexibility in how the intent of the Public
Accommodation zone district may be maintained without
meeting the precise requirement of having a majority
of square footage devoted to accommodation units.
If the project is viewed in terms of available,
rentable units, or "keys," i.e. au's or du's that are
available for rent, the project has 24 units or "keys"
available for guests. This number of "keys" is based
on the fact that 16 accommodation units and 8 dwelling
units are available as potential rental units for
guests. Of the 24 rentable units, 17 are proposed to
have the use restriction per the subdivision
regulations in Section 17.26.075.
In other words, 70% of rentable units or keys will
have the rental restriction. It is staff's opinion
that the number of keys available for guests is also -
important in maintaining the intent of the PA zone
district for lodging. This is not to say that having
a majority of the GRFA devoted to au's is also not an
important criteria for insuring the short term use of
a property.
However, it should be pointed out that technically the
owner could reduce the number of accommodation units
within the project and increase the GRFA of each of
these units. This approach would technically meet the
definition of a lodge but would mean that the number
of rentable units available to guests is decreased.
Staff believes the proposal is positive in that the
au's are upgraded and will be maintained as au's with
the rental restriction. In addition, the applicant
has agreed to restrict one dwelling unit with the
rental use restriction which is not required under the
lodge conversion regulations. (Please note that when
a lodge is condominiumized, the rental restriction
only applies to au's.)
In respect to the additional density of .5 units,
which is not allowed by the PA zoning, it is the
staff's opinion that the proposal does not present any
significant negative impacts in the area of mass and
bulk. The proposed remodel will also have a total
GRFA that is within the allowable under the PA zone
district.
4
The owner has also agreed to rental use restrictions
for 1 du due to the density request. This complies
with the intent of the Vail Village Plan even though
no specific recommendation is called out for this
site. Goal 2, Objective 3 of the Vail Village Plan
reads:
To increase the number of residential units
throughout the Village area available for short-
term overnight accommodations.
The development of accommodation units are
strongly encouraged. Any residential units that
are developed above existing density levels shall
be designed or managed in a manner that makes
them available for short-term rental.
(Please note the Vail Village Plan is not officially
approved.)
The applicant has also agreed to change an existing
employee restricted accommodation unit to an employee _
restricted dwelling unit. Staff's opinion is that a
dwelling unit will be much more beneficial as employee
housing as opposed to an accommodation unit.
E. Privacy in terms of the needs of individuals, families
and neighbors.
The staff sees no negative impacts upon this
criteria.
F. Pedestrian traffic in terms of safety, se aration,
convenience,-access to oints of destination, and
attractiveness.
The staff sees no negative impacts upon this
criteria.
G. Building type in terms of a ro riateness to density,
site relationship and bulk.
The project meets all of the setback, site coverage,
and height requirements per the Public Accommodation
zone district. Staff feels that there are no negative
impacts on mass and bulk.
H. Building design in terms of orientation,
spacing, materials, color and texture, stora e, signs,
lighting, and solar blockage.
Staff's opinion is that the exterior of the Garden of
the Gods Club will be improved greatly by this
proposal.
5
With regard to solar blockage, the applicant is well
within the height limits for the PA zone district
which are 45 feet for a flat roof and 48 feet for a
sloping roof. The existing building is 42 feet high.
The proposed additional space is located on the east
elevation and is 34 feet high. The proposal also
includes additional landscaping which will be an
improvement to the property.
IV. ZONING CONSIDERATIONS RELATIVE TO THIS PROPOSAL
A. Uses
The property will not meet the strict definition of a
lodge upon completion of the remodel. However, with
70% of the keys or rentable units being rental
restricted and available for tourist use, the intent
of the Public Accommodation zone district as a site
for residential accommodations for guests is
maintained.
The proposal is also positive in that one employee _
restricted au is changed to a more useable du. The
additional common area also provides square footage
which improves the functioning of the project as a
lodge.
B. Density
The proposal does have a total density of 13 dwelling
units which is .5 du's over the allowable density of
12.5 du's. As previously stated, staff's opinion is
that the additional bulk and mass of the building is
acceptable and all other zoning standards,
particularly the Public Accommodation GRFA require-
ment have been met. The staff and PEC have also
reviewed similar requests like the Christiania and
Ramshorn where proposed additional density had to
comply with the rental use restrictions.
C. Setbacks
The proposed'remodel will not encroach into any
setbacks further than the existing building. _
D. He_ ight
The height proposed in the addition is a maximum of +
34 feet, whereas, the maximum allowed is 48 feet.
E. Site Coverage
The site coverage is within the allowable. Allowed:
9,677 square feet. Existing: 6,363 square feet.
Proposed 6,831 square feet.
6
F. Landscaping
The proposal does require the relocation of 7 existing
aspen and 1 spruce. The applicant is proposing to add
additional landscaping and replant the existing trees
that must be relocated for the addition.
G. Parking
Parking requirements are met for the proposal. The
proposal requires 27 spaces and 28 spaces are
proposed.
V. STAFF RECOMMENDATION
The staff recommends approval of the proposal. Basically,
our position is very similar to our recommedation on the
Ramshorn project. As stated previously, "although the
inability of the end product to meet the strict defintion
of a lodge is not what we would ideally like to see, we
feel that the property will continue to function as a lodge
and meet the intent of providing high quality tourist
accommodations in the PA zone district." The staff
believes that it is critical that the property remain as a
functioning lodge and that the 16 au's and 1 du be made
available to the tourist bed base as per the owners' use
restrictions outlined in the subdivision regulations.
Staff approval is contingent upon the applicant meeting the
following conditions:
l. The applicant shall provide written, legal,
documentation of the Garden of the Gods' right to use
the parking spaces on the east side of Vail Valley
Drive on a parcel called P-2. The applicant has
submitted documentation of the Garden of the Gods'
participation as a member of the P-2 Condominium
Association. However, staff must have written
documentation as well as an attached map to scale
showing the area of the P-2 parcel which is allocated
to the Garden of the Gods. This agreement must also
be approved by the other members of the P-2
Condominium Association. This document must be
submitted and approved by the staff before the project
proceeds to second reading of the ordinance.
2. The applicant must submit a revised employee housing
agreement with a floor plan that clearly indicates the
location, type of unit, and square footage of the
employee housing units. This information must be
submitted and approved by the owner and Town of Vail
before second reading of the ordinance.
7
3. The applicant shall submit a written statement
agreeing to restrict per the Subdivision Rental
Restriction, Section 17.26.075, 6 lock-off
accommodation units, 10 free-standing accommodation
units and 1 dwelling unit as indicated on the PEC
plans. This written agreement shall be submitted and
approved by staff before the second reading of the SDD
ordinance.
8
• • CHART 1
EXISTING PROPOSED
AU's 16 au's 7,742 sf 10 au's
+ 6 au/lock-offs
16 au's = 4596
DU's 2 du's 6,745 sf 8 du's = 12,141 sf
RESTRICTED EMPLOYEE
UNITS 1 au 610 sf 1 du 215 sf
1 du 515 sf 1 du 515 sf
TOTAL 14,543 sf (3,051 under 17,578 sf (16 under
GRFA allowed GRFA) allowed GRFA)
(Allowed GRFA
= 17,594 sf)
TOTAL DENSITY 10 du's 13 du's
(allowed 12.5) (2.5 under allowable) (.5 units over allowable)
COMMON LOBBY/ 3575 4360
LOUNGE
% OF TOTAL 53% 27%
GRFA IN AU's
% OF TOTAL 47% 73%
GRFA IN DU's
% OF TOTAL 0 16 AU's, 4596
GRFA RENTAL 1 DU 1134
RESTRICTED = 5730 sf or 340
TOTAL KEYS 18 ~ 24
% OF KEYS
RESTRICTED 0 700 or 17 keys
1. Restricted employee units are not included in Density or GRFA
calculations.
2. Keys are defined as rentable units, both du's and au's
9
CHART 2
Zoning Statistics:
Public Accommodation Zone District
Site Area: .5049 acres or 21,993 sf
ALLOWED EXISTING PROPOSED
GRFA (.80) 17,594 sf 14,487 sf 16,737 sf
+ 56 common + 841 co
14,543 sf 17,578 sf
DENSITY 12.5 du's 16 au's 10 au's
(25 du's/acre) 2 du's 6 au lock-off
8 du = 8 du
10 total du's 13 total du's
COMMON (.20) 3,519 sf 3,575 sf 4,360 sf
HEIGHT 451.flat 42' slope 42' - proposed
48' slope area of expansion
is approximately
34'
SITE COVERAGE (.55) 9,677 sf 6,363 sf 6,831 sf
LANDSCAPING (.30) 5,278 sf OK OK
SETBACKS 20 ft East 20' Same
West .2' (19.8 encroachment) as
North 1.4' (19.6 encroachment) Existing
South 9' (11' encroachment)
PARKING 22 required 27 required
SPACES 28 existing 28 proposed
(Standard parking requirements applied,
no parking required for 1
lock-off per new du.)
10
CHART 3
EXISTING
EMPLOYEE
HOUSING
RESTRICTED
FLOORS #AU/GRFA #DU/GRFA TOTAL GRFA UNITS COMM. MECH
1ST 1 au 1 du 2,554 sf 1 du 2013 222
204 sf 2,350 sf 515 sf + bar
722
2735 sf
2ND 7 au
3,260 sf 0 3,260 sf 1 au 0
610 sf 420 sf
3RD 8 au
4,278 sf 0 4,278 0 420 sf 0
4TH 0 1 du
4,395 sf 4,395 sf 0 0 0
TOTAL 16 au 2 du 14,487 sf
7,742 sf 6,745 sf 1,125 sf 3,575 sf 222
PROPOSED:
EMPLOYEE
RESTRICTED
FLOOR AU GRFA DU GRFA TOTAL UNITS COMM. MECH
1ST 0 1 du 1 du 210 2458 441
2350 2350 1 du 570
+ bar
722
3180 sf
2ND 8 au 3 du 4996 0 590 0
2298 sf 2698 sf
3RD 8 au 3 du 4996 0 590 0
2298 2698
4TH 1 du
0 4395 4395 0 0 0
TOTALS: 16 au 8 du 16,737 2 du 4360 441
4596 12,141 780 sf
11
EXAMPLES OF AU ROOM SIZES
PROJECT NAME RANGE OF ROOM SIZES
~ Garden of the Gods Existing:- 328 to 672 sf ,
Proposed: 222 to 355 sf
Westin/Cascade Village
Plaza I 19 au's - 293-355 sf .
2 au's 459; 1 au - 423 sf
Terrace Wing= 397-642 sf
Westin 150 at 425 sf
Christiania 190, 268, 282, 305 sf
Doubletree 377 sf/au
Ramshorn 22 au = 7,529 GRFA
approx. 342 sf/au
Vail Athletic Club 364 to 522 sf
~
Gashof Gramshammer 1 au, 290 sf
300 - 350 sf majority of units
1 at 508 sf
1 at 613 sf
Plaza Lodce 380 sf
267 sf
396 sf
285 sf
361 sf
Holiday Inn 288 sf
Sonnenalp 318 sf
297 sf
315 sf
~
12
ORDINANCE N0. 42
Series of 1987
AN EMERGENCY ORDINANCE AMENDING SECTION 9.52.040
INJURING STREET OF THE MUNICIPAL CODE OF THE TOWN
OF VAIL, COLORADO TO ADD A PROVISION PERMITTING
THE TOWN MANAGER TO ALLOW SNOWCATS UPON THE PAVED
PUBLIC STREETS IN THE TOWN FOR CERTAIN SPECIAL EVENTS
WITH THE PERMISSION OF THE TOWN MANAGER AND TO FURTHER
PROVIDE THAT THE TOWN MANAGER MAY PLACE REASONABLE
CONDITIONS ON THE GRANTING OF SUCH PERMISSION.
WHEREAS, the Town Council wishes to permit snowcats to operate on Town streets
for certain special events approved by the Town Manager and in accordance with
whatever conditions the Town Manager deems necessary to place on the operations of
such vehicles; and
WHEREAS, the Town Council wishes this Ordinance to be in effect prior to
December 13, 1987 in order to permit Vail Associates snowcats to operate on certain
designated streets within the Town as a part of a parade celebrating the twenty-
fifth anniversary of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, as follows:
1. Section 9.52.040 Injuring Street is hereby repealed and reenacted to read
as follows:
It is unlawful for any person to operate tractors with lug wheels or any
vehicle with wheels injurious to pavements, upon the paved public streets in the -
Town unless the operator first makes adequate provision to protect the streets and
receive approval from the Town Manager for the method of protection.
Snowcats may operate on streets designated by the Town Manager during
certain special events approved by the Town Manager which shall be of a duration
not to exceed three (3) hours. Such approval by the Town Manager may include
conditions which the Town Manager deems necessary to protect the Town streets and
the health, safety and welfare of the inhabitants of the Town.
2. In order to permit snowcats to operate in the parade celebrating the
twenty-fifth anniversary of the Town of Vail on December 13, 1987, this Ordinance
is hereby deemed to be an Emergency Ordinance necessary for the preservation of
public property, health, welfare, peace and safety and shall become effective
immediately upon its passage.
INTRODUCED, READ AND APPROVED 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, Uail, Colorado.
Ordered published in full this day of , 1987.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1987.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
~
. ORDINANCE N0. 43
Series of 1987
AN ORDINANCE ZONING PROPERTY LOCATED AT 1785 SUNBURST DRIVE
AS LEGALLY DESCRIBED IN THE ATTACHED LEGAL DESCRIPTION FROM
LOW DENSITY MULTIPLE FAMILY TO SINGLE FAMILY RESIDENTIAL AND
AMENDING THE OFFICIAL ZONING MAP IN RELATION THERETO.
WHEREAS, the property to be rezoned contains a single family dwelling unit;
and
WHEREAS, the property to be rezoned was originally developed as a segment of
the Uail Golf Course Townhomes project but is significantly different from said
multi-family project; and
WHEREAS, the Planning and Environmental Commission has considered the
appropriate zoning for the parcel and has unanimously recommended that the Town
Council zone the parcel Single Family Residential; and
WHEREAS, the Town Council considers it is in the public interest to zone said
property Single Family Residential.
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 a zoning amendment have been
properly followed, and the Town Council has received the report of the Planning and
Environmental Commission recommending this rezoning to Single Family Residential. -
Section 2.
Pursuant to Section 18.68.070 of the Vail Municipal Code, a parcel of property
described as attached on Exhibit A is rezoned to Single Family Residential.
Section 3.
As provided in the ordinances of the Town of Vail, the Zoning Administrator is
hereby 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.
,
f
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.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1987. -
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
. •
EXHIBIT A
. . . . .
. - ' LEGAL DESCRIPTION .
That portion of Che N~NIE~,. Sectlon 9, Township S South. Range 80 West of the
. 5ixth Princip:+7. Meridian, Town, of Vail. Eagle County, Colorado, which is described
as follows:
; DeginninF aC Che southwest corner of I,ot 2, Vai1 Valley - Third Filing, a sub-
division reco17ded in the office of the Eagle Countq, Colorado, Clerk attd Recorder.,
thence.along; the westerly line; of said Lot 2, N00°00'00"E 103.46 feet to the north-
• west.corner ot said Lo~-2;' thence westerly 68.98 feet along the arc of a curve to the
, right having a radius of 108.87 feet, a central angl.e of 36°18'02", and a ehord which
bears N75°17'43"W 67.83 feet.to the southerty boundarY of Lot 3, Sunburst Filing No. 3,
''a subdivision recorded in the nffice of the Begle County. Colorado. Clerk and Recorder; -
thence the foJ:lowing two conrses`along said southerly boundary:.(1),S32°51'18"w 93.82 -
feet; (2) N88`07'01"E.$0.00.feet to the northerly righ[-of-way of Sunburst Drive;
thence the following [wv..courses a1Dng said northerly right-of-way: (1) easterly , 110.52:;feet along the arc of.a curve to the left having a radius of 112.37 feet, a
-.cent~ral angle of 56.°21.'11", and.s chord which beara S63°27'SS"E 106.12 feet; (2)
N88 _1 29 E 1G1.56 feet to.the point of beginaing, containinR 13,820 square feet or
0.3173 acres, more or less.
.T
s`
C ou: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 23, 1987
SUBJECT: A request to rezone property located at 1785 Sunburst
Drive from Low Density Multi-Family to Single Family
Residential.
Applicant: S. H. Shapiro and Company
I. THE REQUEST
In 1982, upon completion of the Vail Golf Course Townhomes
Expansion project, the Pulis Ranch (which also contained the
above property) was subdivided through a townhouse plat into
two portions. The remaining parcel is the subject property and
- contains 13,823 square feet, while the larger parcel contains
the expansion of the Vail Golf Course Townhomes. The two
parcels are separated by Sunburst Drive. In 1983, a single
family home was constructed on the smaller site.
The zoning for both parcels is Low Density Multiple Family.
The applicant is requesting to change the zoning of the parcel
~ which contains the single family home to Single Family
Residential.
The applicant states:
"The lot is presently zoned as Low Density Multi-Family,
and is part of the Vail Golfcourse Townhome Zoning. When
in fact it is a single family home, physically separated
by a dedicated road (Sunburst Drive) and has nothing to do
with the Townhome project whatsoever in any way. The present owners wish to have the proper and accurate
zoning, which is Single Family Residential' attributable
to this property and its existing improvement.
The present owner is concerned that unless this is done,
there could be future liability in associating this
property with the Townhome project, as well as possible
future title policy ramifications. The property and
improvements is in appearance, design, construction, and
actual use as a single family residence. The owners
believe this property should show on the records of the
Town of Vail accurately as a Single Family lot and
residence."
~
,
~
II. EVALUATION OF REQUEST
~ A. C_riteria #l. SuitabilitY of existina zoninq.
The existing zoning, Low Density Multiple Family, is
clearly not appropriate for the site of the present single
family home. However, the building conforms in density to
either Single Family or Low Density Multiple Family
zoning, as it contains 2,182 square feet of Gross
Residential Floor Area. Under Low Density Multiple Family
the allowable GRFA would be 4,146 square feet and with
Single Family zoning, the allowable GRFA would be 3,455
square feet. Height and setbacks also conform to Single
Family Residential.
The property is adjacent to Primary/Secondary property on
the east and to the Vail Golfcourse on the rear and west
side. Although there are townhomes across Sunburst
Drive, they are well removed and buffered b,y a berm.
Clearly, the less dense zoning of Single Family
Residential is more suitable for this property than Low
Density Multiple Family.
B. Criteria #2 Is the amendment presentin a convenient,
workable relationship among land uses, consistent with
municipal objectives?
~ With respect to the physical nature of the property, the
zone change would be compatible with the neighboring land
uses of low density residentialto the east and the Vail
Golfcourse on the west and north.
C. Does the rezoning proposal provide for the rowth of an
orderly, viable community?
The staff feels that the rezoning does provide for the
growth of an orderly and viable community. The downzoning
to a single family development reduces potential density
in the area of of the golf course.
III. STAFF RECOMMENDATION
The Community Development staff recommends approval of the
rezoning of this parcel. We feel that the zone of Single _
Family is an appropriate zone for this lot and see no adverse
conditions as a result of the rezoning.
~
'-ro i<rt rwiy! Lnn erc oc • curvs [o [he
ntral •ogle of 36'I8102", end e cAord vhich y,
rly boundarl of Lot 3, Sunburat Filing No. 3, .
.e P.egle Coun[y, Colorado. Clerk end Recotder;,-,i;ti '
d soutberly boundary: (1) 332'51'18"W 93.82
1
~rtherly righ[rot-vay oE Sunburst Dr1vr, - SCOIB I"= 10
d nortAerly tigh[rof-vay: (1) eaeterly ' ~ ~42i•
e lcCt having s radlue of 112.37 feet, e Date of Survey: 8/10/83
[ch beere S63°27'SS"E 106.12 feet; (2)
RiiiiinE. con[alolnR 13.820 square feet oi
34.44'
' (b pp. • ~
o N
U \O.
p n,
. ~ ti° ~ a:
--..._.........._..._...~.w._ 0.
~ ~J \
)N CERTIFICATF. o q0
-b m Serer K,
i[ Locatlon Cert1Ucete vas ,repnred for ~ A, a Cleanou ~
, chat lt 1+ nut a i[, and thnt it fa nut to be relled upon ~y.~ 40' ' W
,r oLher (u W rc lmprovemen[ liuc.. ' J~ 2p ~o
~ 0 ~
"ts on the above dencrlbed parcel on tltis ~ °j ?0•
except utlli[y connrctions, aze en[Lrely ~J
;t as sAovn, [ha[ there are io encroach- 40, . 6.0~
3Level Wood Frama Mouse ~3 pb
:ivement.e on any adjofning p[imisca, ex- /y:) Slob+ 8239.0
pparent evidence or slgn of iay easemen[ , lb peok; 71.4
rcel, except ae noted. ~ O y~ Q (ElevaNons per sawer U c~_
, v ti As-Bullts)
y
P~~~~1C'STI~~'• . . . ~9o p Sswn
CleanouN
.,7~•~4;^•-f~,~q'1~ Roek Wall
l~e~~ ~`'~-..~u:,~~~ , o• o. Qo.
_Jnlfn ~~~qf~maik
=(~S1vra3o~..S. ;E#4'A A
_ +.u-~~~
~i J ?
2
7-0IwW " ~ . . . 04 . O' S/o' O
80.00' e-b ' 06' `bm o ~ o
. ' ti ~J~' B9. , gJ• ' f
m
' •y v~
oe.
~ . , o.a.
V
aa . '
. 3
~ . ,
: .
m
T ~
Y
~ 3~ . . . . ~ . .
a
~ ~ .
ti
\ / y . . " . Wotef
\ Molw
. . " ' ' SawM (
CleOnaX
, . : . . . , _ , . - . .
,
,
.:~ii'..,1;F1:,~i..'
. . . . . . . , , . . . . . 7 . .
. . :~a 4: < : i;:"• .n:.:.;:
. . . . . . . . . , . . ~ . : . . , .
. . ' . . . ~k_ , , . , . :Ci~f.i . ' • ' , " ' 1000~ 99~
3 ~
•f u
e L~
; November 25, 1987
, ' ~5, Yrf1J !i
! j 1~~' y~~\, ~
.
~ To Mayor Rose and the Vail Town Council, ~
, Congratulations to Mayor Rose, Mayor Pro Tem Slevin, and newly ~
u installed council members Steinberg and Lapin. I hope you enjoy your ~
terms on Council as much as I did mine. ~
a
r;
, Because of appointments scheduled for Sally at Mayo's Clinic I ~
will miss your meeting on December lst. Otherwise I would be at that ~
meeting to speak to two issues facing you. ~
a
a. Business License Ordinance ;j
Clearly the Congress Hall question was decided at the election, ~
; but I hope you won't succomb to the tendancy of "throwing the baby out ~
~ with the wash water". The second reading of the Business License ~
' Ordinance is the culmination of many, many hours of public input,
i committee work and staff time. There has been strong support of moving ;
ahead with the Business License solution, even though it might not be
the perfect formula, and getting a marketing program underway. It f_
can always be modified or even restructured if future experience should ~
: warrant. All of the council candidates supported greater marketing of
Vail and this ordinance gives you a tool in hand to proceed with. ~
. b. Visitors Information Center
I would also encourage you to proceed with architectural _
drawings for a Visitors Information Center at this time. There are
contractual alternatives available to the Council that could minimize •
_ dollars expended at this time, but would equip you to move ahead expeditiously at a future date when it is determined that the plans
. should be implimented. y
i
~ Good luck in dealing with the needs of all of our community.
' Vail is a great town to get to represent.
t
t Since
~
!
.j
Paul R. Johnston
a
F.
n ?
1 ~
C
1
~
~9
y at V cil
~ ~
L _l5l) E.
II(UI.`071 kc! luil, Cuiuruciu H/<»' (,i0_; i-~~!, -56-i ~
CY,17y25;83,41,49,57,65,73,81,89,97,R5,B3,C1,C9,D1. _
1988 AMERICAN SKI CLASSIC
ORGANI2ING COt41]TTEE
MASTER SCHEDULE
MS UPDATE; 11-5-87
DRTE TINE RCTIVITY LOCATIDN
friday, March 4, 1988
0800 kegistration/Hospitality set up Westin Hotel, Vail
0800 Transportation set up Westin Notel, Vail
OBUO Press set up Village Hall, Beaver Creek
0800 Race office set up Village Hall, Beaver Creek
0800 Wax roan set up Parking Structure, Beaver Creek
0800 Gift Bag roorn set up Westin Hotel, Vail
0800 Hospitality 7ent set-up Centennial Finish, Beaver Creek
Saturday, March 5, 1988
0800 Team Captain's Raora set up Manor Vail Lodge, Vail
1000 - 1500 Ford Cup Challenge Golden Peak, Vail
1900 Ford Cup Challenge dinner Vail
Sunday, March 6, 1988
?OUO LEgends UH racer roeeting Manor Vail Lodge, Vail
Monday, March 7, 1988
1000 Leqends DH Training Centennial, Beaver GreeK
1400 World Cup Tearns Arrive Vail
1700 - 1800 World Cup Team Meal Vail, Beaver Creek Locations
1700 -]9d0 Rolex Legends Press Reception Vail
2000 Arnerican SKi Classic Concert 91 Dobson Rrena, Vail
Tuesday, March 8, 1988
0130 - 0830 World Cup Team Meal Vail, Beauer Creek Locations
1000 Legends DH Centennial, Beaver Creek
1200 - 1300 World Cup Team Meal Vail, Beaver Creek Locations
1245 Legends DH awards Centennial Finish, Beaver Creek
1300 Legends DH press conference Village Hall, Beaver Creek
. ~
1988 AMERICAN SKI CIASSIC
URGANI2ING COhMITTEE
HASTER SCHEDULE
MS UPDATE: 11-5-87
DATE TJME RCTIV]TY LOCAT]ON
1700 World Cup Team Captain's Heeting Manor Vail Lodge, Vail
1730 O.C. Meeting Hanor Vail Lodge, Vail
1730 - 1830 World Cup Team Meal Vail, Beaver Creek Locations
1900 LFgends BanQuet (Black Tie) Village Hall, Beaver Creek
Wednesday, March 9, 1988
0700 - 0800 ldorid Cup Team MEaI Vail, Beaver CreeK Locations
0700 World Cup Jury Meeting Village Hail, Beaver CreeK
0730 Worid Cup Jury lnspection Centennial, Beaver CreeK
0830 World Cup Racer Inspection Centennial, Beaver Creek
1000 Legends Giant Slalca Golden Peak, Vail
1000 World Cup GN ]st Training Run Centennial, Beaver Creek
1100 - 1230 Worid Cup Team Meal Viliage Hall, Beaver Creek
1230 World Cup DH 2nd Training Run Centennial, Beauer CreeK
1500 Legends GS Aw;rds Golden Feak, Vail
1630 World Lup Team Captain's Meeting Nanor Vail Lodge, Vail
1730 - 1830 World Cup Team MFaI Village Nall, Beaver Creek
1830 Opening Cerernonies Centennial Finish, Beaver Creek
2030 Calcuita,'Welcane Party Vail
Thursday, March IU, 1988
OlUU - 0800 World Cup Team Meal Vail, Beaver Creek Locations
0830 World Cup Jury Meeting Village Hall, Beaver CreeK
0900 Wor)d Cup Jury Inspection Centennial, Beauer Creek
1000 - 1500 Ford Cup 1st round Golden Peak, Vail
lOGO World Cup DH 3rd 7raining Run Centennial, Beaver Creek
1200 - 1300 Worid Cup Team Heal Village Hall, Beauer Creek
r. •
~
1988 AHERICCFlN SKI ClA SSIC
ORGAN121NG CCf411TTEE
HASTER SCHEDULE
MS UPDATE: 11-5-87
DRTE TIME ACTIVITY LOCR71LIN
1300 World Cup DH 4th Training Run Centennial, Beaver Creek
1500 - 1800 Tea Dance Vail
1700 World Cup Team Captain's Neeting Manor Vail Lodge, Vail
1130 O.C. Meet Team Gaptains hlanor Vail Lodge, Vail
1730 - 1830 World Cup Team Neal Vail, Beaver Creek Locations
Friday, Narch 11, 1488
0700 - 0800 Wprld Cup Team Heal Vail, Beaver• CreeK Locations
0830 Worid Cup dury Heeting Villaqe Hall, 6eaver Creek
0900 World Cup Jury ]nspection Centennial, Eeaver CreeK
1000 - 1500 Ford Cup 2nd round Golden Feak, Vail
lOfJO World Cup DH 5th Training kun Centennial, Beaver Creek
I200 - 1300 World Cup Teara Neal Viliaqe Hall, Beaver Creek
I300 World Cup DH 6th 7raining kun Centennial, BFauer Creek
1500 Ford Cup Awards Golden PeaK, Vail
1700 Worid Cup Tearn Captain's Meetinq Menor Uail Ladqe, Vaii
1730 O.C. Meeting Manor Vail Lodge, Vail
1730 - 1830 World Cup Team Meai Vail, BeavFr Creek Locations
1900 Ford Reception ldestin, Vail .
Saturday, March 12, 1988
0700 - 0800 World Cup Team Meal Vaii, Beauer Creek Locations
0730 World Cup Jury Meeting Village Hall, Beauer Creek
0830 Press Course ]nspection Centennial, Beaver Creek
0900 Uorld Cup Jury Inspection Centennial, Beauer Creek
1000 World Cup DH Centennial, Beaver CrEek
1230 - 1330 Worid Cup Team Meal Village Hall, Beaver Creek
.
~
. . .
1988 AMERICAN 5K1 CLASSIC
(IRG44121NG C"1TTEE
MASTER SCHEDULE
r1S UPURTE: 11-5-87
DATE T1HE ACTIVITY IOCRTION
14145 ldorld Cup DH Awards Cerereonies Centennial Finish, Beaver Creek
1300 World Cup DN Press Conference Viliage Hall, Beaver CreeK
1700 World Cup Team Captain's Meeting Hanor Vail Lodge, Vaii
1730 O.C. Meeting Nanor Vail Lodqe, Vail
1730 -]830 tdorld Cup Team Meal Vail, Beauer Creek Locations
2000 Arnerican SKi Classic Concert 02 Dobson Rrena, Vail
Sunday, March 13, 1988
0700 - OSUD World Cup Team Meal Vail, Beaver Creek Locaiions
0730 Llorld Cup Jury Meeting Village Hali, Beaver CreeK
0830 Fress Course ]nspection Centennial, Beauer Creek
0900 World Cup Jury Inspection Centennial, Beaver Creek
1000 World Cup Super G Centennial, BEaver Creek
1230 - 1330 World Cup Team Meal Village Hall, Beaver Creek
1245 Worid Cup Super G Awards Centennial Finish, Beaver Creek
1300 World Cup Super G Press Conference Village Hall, 6eaver Creek
1730 - 1830 World Cup Team Meal Vail, Beaver Creek Locaiions
Nonday, March 14, 1988
0630 - 0730 World Cup Team Meal Vail, Beaver CreeK Lncations
0730 World Cup Racers Depart Vail
Memorandum - Town Council
November 25, 1987
Page 3
The EEOC does not have the power to litigate this matter itself. It attempts to
work out a settlement between the charging party and the employer. If it is unable
to work out such a settlement within six months, the charging party has the right
to bring a legal action against the employer. Because the area of employment law
has been changing very rapidly and has become very specialized, I am working
closely on this matter with Damas & Smith, a law firm in Denver which practices
exclusively in the area of labor and employment law.
5. Forest Service Land Exchange. The Town of Vail is in the process of
appealing a decision of the Forest Service to exchange a parcel of land next to the
Lodge at Vail and a parcel of land known as Spraddle Creek to a private developer
in exchange for certain privately owned property located in the middle of National
Forest Service land. The ultimate recipient of the Federal parcels, if the trade
is allowed, will be the Lodge at Vail which clearly intends to develop the Lodge
parcel for additional hotel rooms. The initial decision by the Forest Service to
allow the land exchange to proceed was made in November of 1986. The Town of Vail -
filed an appeal challenging this decision and after the appeal was filed, the
Forest Service withdrew its decision, made some significant changes in its
environmental assessment, and then issued a second decision notice which was
substantially identical to the first. Again, the Forest Service decided that the
exchange should be permitted. The Town of Vail filed a second appeal challenging
this second decision of the Forest Service. This appeal was heard by the Chief
Forester in Washington, DC in December of 1987. After this hearing, the Chief
Forester determined the Regional Office improperly made its decision to allow the
exchange without having first obtained appraisals of the three pertinent parcels.
Consequently, the matter was remanded once again to the Regional Forest Service
Office to obtain the required appraisals. The appraisals are extremely important
in a Federal land exchange, because should the value of the Federal land proposed
to be exchanged exceed the value of the private land involved in the exchange by
25%, then the exchange cannot be allowed to occur unless there are changes in the
property being traded to equalize the value. In October, the Forest Service
obtained the appraisals which not surprisingly indicated that there was not a 25%
differential between the Federal land and the private land. Initially, upon
demand, the Forest Service refused to provide me with copies of their appraisals,
but after a request was made pursuant to the Freedom of Information Act, I did
receive copies of the appraisal. I am now in the process of having a review
appraisal done by an appraiser hired by the Town of Vail. Upon receipt of that
appraisal, I shall once again file my appeal challenging the Forest Service
exchange.
6. Town of Vail v. Cohen Construction et al. This case arises out of the
collapse of the Ice Arena roof which occurred two years ago. The contracts between
the Town and the contractor, as well as the contract between the Town and the
, . ~
Memorandum - Town Council
November 25, 1987
Page 4
architect, provide that this matter must be heard in binding arbitration. The Town
instituted binding arbitration and this matter was all set to be heard by a panel
of arbitrator chosen by all parties when the attorneys representing Cohen
Construction brought a lawsuit in Denver Qistrict Court in an attempt to stop the
arbitration and move the case into District Court. The Town of Vail obtained a
judgment in this legal action and we are now in the process of attempting to set a
new date for the arbitration. The key issues in this case are 1) whether the
architect and contractor designed and built the Ice Arena roof in accordance with
the contract specifications, 2) whether the contractor was negligent in the
construction of the roof and 3) whether the Town of Vail was negligent in allowing
moisture to seep into the sub-roof which the Defendants claim caused a weakening of
the roof truss joists.
7. French v. Town of Vail. This is an action brought by a member of the
Police Department who was suspended for 40 hours for coming to work with alcohol on
his breath and showing some signs of intoxication. This case was heard originally -
by a hearing officer hired by the Town from the City of Aurora. The hearing
officer made certain findings of fact based on the evidence and overturned the
Town's decision to suspend the Police Officer for 40 hours. The Town Personnel
Manual gives the Town Manager the right to make the final decision in all
disciplinary action appeals. The Town Manager, with the assistance of a legal
advisor (Michael Smith from the firm of Damas & Smith), determined that some of the
findings made by the hearing officer were inappropriate and incorrect and reversed
the hearing officer in part. It was the Town Manager's decision to substitute a
written reprimand for the 40 hour suspension. The Police Officer, who has
voluntarily left employment with the Town of Vail, has brought a legal action
against the Town asking the District Court to overturn the decision of the Town
Manager and reinstate the decision of the hearing officer.
The above matters comprise all the litigation and significant legal claims the Town
of Vail is presently involved in. If any of you wish to have more detailed
information relating to these matters, I will be happy to provide it.
LAE/bsc
-
T ~
STATE OF COLORADO
EXECUTIVE CHAMBERS oF.Cozo
136 State Capitol ~'Py
Denver, Colorado 80203-1792
Phone (303) 866-2471
/
1876
Roy Romer
Governor
November 15, 1987
Dear Friend:
In the ten months since I became your Governor, thousands of Coloradans have
stepped forward to offer their heTp on state boards and commissions. We have
sought applicants and recommendations in many ways. As an example, this
mailing alone will reach approximately 1,700_individuals and groups. We have
talked with some of you individually and have met with a variety of groups to.
discuss the appointment process.
It is important that the enthusiasm you have demonstrated and the dialogue we'-_ _
have established continue in the months and years ahead. Enclosed is a list
of appointments that will be due from January 1 through July 1, 1988. Please -
take a few minutes to review the list and think about the best possible names
you can suggest to me for appointment to the various boards. Think about
yourself, others in your community or representatives of your profession who
could make a significant contribution to Colorado by service on one of these
boards or commissions.
As I have said, my first criteria is competence to do the job. I am also
committed to geographic, ethnic, socio-economic, and gender balance in these
appointments as well as a balance of perspectives relative to each particular
board or commission. The application process is simple. For most boards, all
we need is a letter indicating your interest and a resume.
Thank you for your time and your valuable advice. Please continue to be in
touch with this office.
Sincerely,
Roy Ro
Governor
' - ~
TERMS EXPIRING ON STATE BOARDS AND COMMISSIONS
January 1, 1988 through July 1, 1988
Board or Commission page
Aging, Commission on , 12
Agriculture, State Board of 4
Air Quality Control Commission 4
Alcohol and Drug Abuse Advisory Council, State 13
Architects, State Board of Examiners of 6
Auraria Higher Education Center, Board of Directors 11
Beef Council, Colorado 21
Child Care Facilities, Advisory Committee on the Licensing of 27
Chiropractic Examiners, Colorado State Board of 11 Civil Rights Commission, Colorado 7
Coal Mine Officials, Board of Examiners for 4
Collection Agency Board 8
• Colorado Bicycle Advisory Board 12
Community Colleges and Occupational Education, State Board of 24
Dental Examiners, State Board of 1
Developmental Disabilities Planning Council, Colorado 22
Education, Advisory Committee to the State Board of 13
Electrical Board, State 27
Emergency Medical Services, State Advisory Council on 1
Family Medicine, Advisory Commission on 27
Ground Water Commission g
Hazardous Waste Regulation, Committee on 2
Health Data-Commission 28
Health Facilities Authority 17
Hemophilia Advisory Council 17
Historic Preservation State Review Board 2
Information Management, Commission on 20
Job Training Coordinating Council 3
Lottery Commission, Colorado 22
Medical Advisory Board 14
Medical Assistance and Services Advisory Council 12
Mental Health Advisory Board for Service Standards & Regulations 24
Merit System Council 10
Mobile Home Licensing Board, Colorado 23
Motion Picture and Television Advisory Commission 17
~ Motor Vehicle Dealer Licensing Board, Colorado 16
Natural Areas Council, Colorado 16
Nursing Home Administrators, Board of Examiners of 21
Nursing, State Board of Zg
Oil and Gas Conservation Commission 24
Optometric Examiners. State Board of g
Parks and Outdoor Recreation, Board of 14
Parole. State Board of 25
Peace Officers Standards and Training Board 18
Personnel Board, State 19
Pharmacy, State Board of 26
Plant Operators Certification Board 19
Plumbers.'Examining Board of 23
Podiatry Board, Colorado 7
Postsecondary Educational Facilities Authority, Colorado 15
Private Occupational Schools and Occupational Education,
State Advisory Committee on 25
Professional Engineers and Professional Land Surveyors, State Board of Registration for 26
Psychologist Examiners, State Board of 20
Real Estate Commission 7
Sickle-Cell Anemia Advisory Committee 5
Stock Inspection Commissioners, State Board of g
Student Obligation Bond Authority 19
Urban Drainage and Flood Control District Board of Directors 5
Veterans' Affairs, Colorado Board of 15
Veterinary Medicine, State Board of 18
Vocational Education, State Council on 15
Water Conservation Board, Colorado 10
Water Quality Control Commission 6
Water Resources Research Policy, Advisory Council on 21
Weather Modification Advisory Committee 10
NOTE: Ptease send recommendations or resumes at least one month
before an expiring term.
The Honorable Roy Romer
Governor, State of Colorado
State Capitol Building
Room 136
Denver, CO 80203-1792
Attention: Cathy Walsh
Phone: 866-2471
IV
NOV 2 3 1987
ANTLER AT ~NIL
November 19, 1987
Mr. Ron Phillips
Town of Vail
75 South Frontaqe Road
Vail, CO 81657
Dear Ron:
Just a short note to let you know that we'll be offerinq our
"distressed traveller" program again this winter.
To refresh your memory, the program is designed to aid _
travellers "stuck" in Vail due to road closures and/or
mechanical difficulties with their car.
We'll offer such persons our studio condos for $70 per niqht
plus 8.2% tax. The published rate for a studio condo is as
high as $200 per night.
We'll require that they show us some proof of hardship and
we'll limit stays to two nights.
Please inform your department heads of this program.
Cordially,
Rob LeVine
General Manager
RL/ jm
cc: Joni Crask/VRA
680 West Lionshead Place Vail, Colorado 81657 (303) 476-2471
~ O&y) - FYi
,
.
c/Ltazi[yn 1~. 4e2au9fiLin 1.'au ~Z[in
~ost 0 f f iee .L~ox 12 6 ~~a'" 9~, ~'~t~yn 1~. ~J~(e 9
ogvon, eolouzc~o 81620 J osE C~ f f tce 1~ox 12 6
- ogvon, ddoueelo 81620
a-~-
~J
~
. . ~ ~ ~
~.~~..r ~ ~G~ ~ ,~w~t `y
-2`'°°~ •
~ V ~G~/`-- ~.G ..~C~I'~~ ~X ~ ~ ,
I ~ /i/E Gf~ibC/
~
~L•!~ ~ , ,
Y • _.~~-Gt-~ sLG~/t G%' ~ t~ G'~~~• _~F~'`~~ ` 1
~ c~ a • /
IAI.~e 6't ~
•