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the amplified sound ordinance, it has been repealed and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
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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.
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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
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INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of
1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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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.
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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
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