Loading...
HomeMy WebLinkAbout1988-05-17 Support Documentation Town Council Work Session~~~~ * Reminder: News Conference begins at 1:00 p.m. in the Library Community Room VAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 17, 1988 2:00 p.m. Vail Library Community Room AGENDA 1. Vail Gateway Building Proposal for Visitor's Center 2. Parking and Transportation Task Force Recommendations 3. Discussion of Ordinance 14 4. Discussion of Ordinance 15 5. Information Update 6. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 17, 1988 Vail Library Community Room EXPANDED AGENDA 2:00 1. Vail Gateway Building Proposal for Visitor's Center Ron Phillips Action Requested of Council: Approve/deny offer from Palmer Development Company Back round Rationale: Offer is for 5,500 square feet on a 26 per square foot, two-year, triple net lease. This would be $143,000 per year plus additional triple net costs (see enclosed memo). Staff Recommendation: Deny offer. 2:20 2. Parking and Transportation Task Force Recommendations Ron Phillips Action Requested of Council: Confirm/modify recommendations Background Rationale: The Parking and Transportation Task Force has recommendations on the following: a) Increased landing mats at Ford Park b) Ford Park/snow dump additional paved parking c) Moving rental cars from VTRC d) VTRC expansion design e) Reexamine rate structures for parking to help pay for VTRC expansion Staff Recommendation: Confirm P&T Task Force recommendations to research these actions and present further information to Council. 2:40 3. Discussion of Ordinance 14 Larry Eskwith Action Requested of Council: Approve/deny Ordinance No. 14, Series of 1988, on first reading Background Rationale: Ordinance 14 will give the Council to require abutting property owners to connect to utilities whenever a street is authorized to be paved by the Council. Staff Recommendation: Approve Ordinance No. 14, Series of 1988, on first reading. 2:50 4. Discussion of Ordinance 15 Larry Eskwith Action Requested of Council: Approve/deny Ordinance No. 15, Series of 1988, on first reading Background Rationale: Because of problems in administering the amplified sound ordinance, it has been repealed and reenacted to do away with the discretionary permit system. Staff Recommendation: Approve Ordinance No. 15, Series of 1988, on first reading 3:00 5. Information Update 3:05 6.. Other MEMORANDUM T0: TOWN COUNCIL FROM: Ron Phillips DATE: May 12, 1988 RE: Vail Gateway - Information Center Attached is a copy of the proposal from Palmer Development Company for space in the Gateway Building for the Town to lease as an information center. The base rent of $26 per square foot for 5500 square feet would cost $143,000 per year, not including the additional charges of the triple net lease including, but not limited to, real estate taxes, insurance, utilities and common area charges. This type of an expenditure over two years would pay 25 to 35% indebtedness on the Town's information center, if it was built for a total cost in the neighborhood of $1,000,000. The staff's recommendation that the offer from Palmer Development Company not be approved and the Town Council continue its location analysis and work which is now underway. RVP/sas Attachment s ~'D MAY 1 1 188 Palmer Devei®pment D®. 2735 Iris Avenue • Suite A • Boulder, CO 80302 303/449-095 May 9, 1988 Mr. Ron Phillips Town Manager Town of Vail 75 South Frontage Road Vail, Co 81657 Re: Vail Gateway-Information Center Dear Ron: This will serve as Palmer Development's formal offer to the Town of Vail to lease space in the Gateway Building. Palmer Devlopment feels that this will become Vail's premier retail, commercial, and residential facility and. hopefully extend the vigor and vitality of Vail to the gateway of your beautiful city. I hope that you can sense the pride that Palmer Develop- ment has in this project and our dedication to bring the best to Vail. Palmer Development wants the information center as our main tenant and we hope that the following offer will make it financially possible to have the center located in our building. TERM: Two Years ~ Two year option SQUARE FOOTAGE: 5500 (approximately) Main Plaza (2000 Square Feet) Upper Plaza (Office-3500 Sq. Ft) BASE RENT: $26.00 p.s.f. In addition to base rent, Palmer Development shall receive those additional charges commonly noted in triple net lease, including but not limited to real estate taxes, insurance, administration utilities, and common area charges. ESCALATORS: The first two years shall be fixed with no increase, thereafter during the option period Palmer Development at its option may increase the base rent by the Consumer Price Index (CPI) The Index shall be the Denver/Boulder 2- region unless such an index exists for the Colorado region within fifty (50) miles of Vail, Colorado. SECURITY DEPOSIT: $28,000.00 upon signing of this offer letter. OFFER TERMINATION: June 3, 1988 at 5:00 p.m. Ron, I hope that these are terms that The Town Of Vail can live with and prosper. I'm convinced that a move to this building will benefit the information center. Your prompt attention is requested. My thanks for all your help during the last three months. Sincerely, Leo Palmer ACCEPTED AS TO FORM AND CONTENT: TOWN OF VAIL BY: CC: RICK PYLMAN a~ ORDINANCE N0. 14 Series of 1988 AN ORDINANCE AMENDING TITLE 12 STREETS AND SIDEWALKS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO BY THE ADDITION OF CHAPTER 12.12 MANDATORY UTILITY CONNECTION TO PROVIDE THAT WHENEVER ANY PAVING OF A STREET IS AUTHORIZED OR ORDERED BY THE TOWN COUNCIL, THE TOWN COUNCIL MAY ORDER THE OWNERS OF THE ABUTTING PROPERTY TO CONNECT THEIR PREMISES WITH ALL UTILITIES IN THE STREET IN FRONT OF THEIR PREMISES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, in order to prevent newly paved streets and public ways from being damaged due to street cuts for utility connections, it may be necessary for the Town Council to require abutting property owners to connect to utilities. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Title 12 Streets and Sidewalks of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 12.12 Mandatory Utility Connection to read as follows: Chapter 12.12 Mandatory Utility Connection 12.12.010 Abutting Property Owners Required to Connect to Utilities Whenever any paving of a street is authorized or ordered by the Town Council of the Town of Vail, its agents or employees, the Town Council may order the owners of the abutting property to connect their premises with the gas or water mains, or with any other utility in the street in front of their premises. Upon default of any owner for twenty (20) days after such an order to make the connections, the Town Manager may contract for and make the connections at the same distance under the regulations and in accordance with the specifications as may be prescribed. The whole cost of each connection including labor, material, equipment, necessary engineering, legal and publication expenses, shall be ascertained by the Town and the cost to each owner shall be determined according to the material used and worked on under the contract in connecting such property to said utilities. The engineering, legal and publication expenses shall be charged in such proportion as each connection bears to the whole. 12.12.020 Assessment Upon the final completion of the work, the governing body shall accept the same by ordinance and provide for an assessment against the properties connected. Thirty (30) days after the last publication of said ordinance, a certified copy of it shall be filed with the County Treasurer of Eagle County, and when so filed, shall operate as a perpetual tax lien in favor of the Town of Vail and shall be superior to all other liens except general tax liens. 12.12.030 Payment The assessment shall be due and payable within thirty (30) days after final publication of the assessing ordinance without demand except that all assessments at the election of the owner may be paid in installments. Failure to pay the whole assessment within said (30) days shall be conclusively considered and held to be an election on the part of the persons interested, whether under disability or not, to pay in such installments. All persons so electing to pay in installments shall be conclusively held and considered as consenting to said improvements and such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the municipality to construct the improvement, the quality of work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the assessments or the validity of the lien therefor. 12.12.040 Installment Payments In a case of an election to pay in installments, the .cost shall be payable in annual installments over a period not to exceed five (5) years in length and the interest rate shall be the rate charged to large commercial borrowers by major United States backing institutions as reported in the Wall Street Journal on the day of the final reading of the ordinance accepting the work and levying the assessments pursuant to this Section. 12.12.050 Default Failure to pay any installment, whether principal or interest, when due, shall cause the whole of the unpaid principal to become due and collectible immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one and one-half percent (1.5%) per month or fraction of a month until the date of sale, as provided hereinafter. At any time prior to the date of sale, the owner may pay the amount of all unpaid installments with interest and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may at any time pay the whole of the unpaid principal with the interest accruing to the maturity of the next installment of interest or principal. -2- 12.12.060 Sale of Property The County Treasurer shall receive payment of all assessments on the Assessment Role, with interest, and in the case of default and the payment of any installment of principal or interest when due shall advertise and sell any and all property concerning which such default is suffered for the payment of the whole of the unpaid assessments thereon. The advertisements and sales shall be at the same times and in the same manner, under all the same conditions and penalties and with the same affect as is provided by general laws for sales of real property in default of payment and general taxes. 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 day of , 1988, and a public hearing shall be held on this ordinance on the day of 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1988. ATTEST: Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor -3- INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -4- ORDINANCE N0. 15 Series of 1988 AN ORDINANCE REPEALING AND REENACTING SECTION 8.24.060 H TO PROVIDE NEW REQUIREMENTS FOR THE USE OF LOUD SPEAKERS OR SOUND AMPLIFYING EQUIPMENT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council is of the opinion that the current ordinance regulating amplified sounds is inequitable and not capable of fair administration and should be repealed and reenacted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Section 8.24.060 H of the Municipal Code of the Town of Vail is hereby repealed and reenacted as follows. 8.24.060 H Amplified Sounds 1. Purpose The Town Council enacts this legislation for the purpose of securing and promoting the public, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance and loud and unnecessary noise. 2. Prohibition and Regulations It shall be unlawful for any person other than the personnel of law enforcement or governmental agencies to install, use, or operate within the Town a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmits or projects music to any persons or assemblage of persons in or upon any public street, alleys, sidewalks, park or place, or public property, except. when installed, used, or operated in compliance with the following provisions: a. In all residential zones, no sound amplifying equipment shall be installed, operated or used for commercial purposes at any time. b. The Operation of use of sound amplifying for non-commercial purposes in all residential zones and within 100 feet thereof except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church is prohibited between the hours of 4:30 p.m. and 9:00 a.m. of the following day. c. In all other zones, except such portions thereof as may be included within 100 feet of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between hours of 9:00 p.m. and 8:00 a.m. of the following day. d. In all other zones, except such portions thereof as may be included within 100 feet of any residential zone, the operation or use of sound amplifying equipment for non-commercial purposes is prohibited between the hours of 10:00 p.m. and 7:00 a.m. of the following day. The only sounds permitted shall be either music, human speech, or both. The sound emanating from sound amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by paragraph H 2 shall be as set forth in paragraph 8.24.060 D of this chapter. In no event, shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance to reasonably persons of normal sensitivity within the area of audibility. 3. It shall be unlawful for any person, business or corporation to operate sound amplifying equipment in accordance with this chapter without first obtaining a permit from the Town. Application for such permits will. be on forms provided by the Town. The following information shall be provided by the applicant: 1. Name, address and telephone number, 2. the place or places the applicant will be playing amplified sound, 3. the dates and times the applicant will be playing amplified sound. All permits shall be valid for a period of one (1) calendar year. INTRODUCED, READ AND APPROVED ON FIRST READING this day of 1988, and a public hearing shall be held on this ordinance on the day of 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. -2- Ordered published in full this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3-