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HomeMy WebLinkAbout1989-07-18 Support Documentation Town Council Work Session~~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 18, 1989 2:00 p.m. AGENDA 1. Discussion of Easement for Sewer Line for the Lund Residence (Lot 4, Block 4, Vail Village Third Filing) 2. Final Report on Symphony of Sports 3. Discussion of Sandstone Road Improvements Utility Stub-Outs 4. Discussion of the Budget Review Process 5. Discussion of Town of Vail Personnel Rules and Regulations 6. Review of Council Service Level Analysis 7. Information Update 8. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 18, 1989 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of easement for sewer line Larry Eskwith Richard McGee Action Requested of Council: Approve/deny request for easement for the Lund residence at Lot 4, Block 4, Vail Village Third Filing. Background Rationale: Staff just received the enclosed easement and plans, and will have more information for Council Tuesday after we have had time to review it. 2:15 2. Final Report on Symphony of Sports Ceil Folz Action Requested of Council: Receive report and make comments as desired. 2:30 3. Discussion of Sandstone Road improvements utility stub-outs Stan Berryman Action Requested of Council: Order abutting property owners to connect to utilities. Background Rationale: Ordinance No. 14, Series of 1988, requires owners of unimproved lots to connect their premises with all utilities in the street, in order to prevent future street cuts for utility services when the lots are developed (see enclosed ordinance). There are 21 unimproved lots in the area which roads will be reconstructed. Staff Recommendation: Order abutting property owners to connect all utilities. 2:50 4. Discussion of the Budget Review Process Steve Barwick Action Requested of Council: Provide direction to staff of the type of additional budget review, if any, desired by Council. Background Rationale: Several Town Council members have requested that a more in-depth budget review be undertaken. 3:15 5. Discussion of Town of Vail Personnel Rules and Regulations Charlie Wick Action Requested of Council: Comment/ask questions of staff concerning the Town's personnel rules and regulations. Background Rationale: The personnel rules and regulations were formally developed in 1980, and a Council resolution setting forth said policies was adopted at that time. 3:30 6. Review of Council Service Level Analysis Steve Barwick Charlie Wick Action Requested of Council: Review the service level Ron Phillips analysis results and provide staff with policy direction for the 1990 budget process. 4:15 7. Information Update Ron Phillips 4:25 8. Other Lot 4, Block 4, Vail Village 3rd filing Sewer Easement Description Due to construction of the Lund residence on Lot 4, Block 4, Vail Village 3rd filing, it is necessary to relocate the existing sewer maino This existing main currently is located in a special easement created in 1967 which cuts across the above propertye The proposed new location of the sewer would be in a more typical easement on the above property which is 10° wide and follows the Northern property lines Upper Eagle Valley Sanitation district has requested 10° of width in addition to the above easements This has necessitated a request to the Town of Vail for the creation of an easement on their property 10° in width following the Northern property line, This easement on TOV property combined with the easement on private property would give the required 20° widths EASEMENT AGREEMENT THIS AGREEMENT, made this day of July, 1989, by and between THE TOWN OF VAIL (hereinafter referred to as Grantor), and VAIL WATER AND SANITATION DISTRICT, a governmental subdivision of the State of Colorado, (hereinafter referred to as Grantee)o 6dITNESSETH e FOR AND IN CONSIDERATION of the sum of One Dollar and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is hereby acknowledged, Grantor hereby sells, conveys, and grants unto Grantee an easement and right-of-way over, across, through, and under the following described lands situated in Eagle County, Colorado, for the uses and purposes and upon the terms hereinafter set forthe An easement for construction and maintenance of a sanitary sewer linen Said easement being 10 feet in width and located within the North one-half of Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado as recorded in Book 191 at Page 421 of the Eagle County Clerk and Recorder°s Officeo Said easement is more particularly described as followsa Beginning at the Northwesterly Corner of Lot 4, Block 4, Vail Village Third Filing, being also a point on the South- easterly boundary line of the above mentioned recorded parcelo thence N, 51 degrees 48°17°' W, 10000 feet; thence N, 38 degrees 11 43 E, 163093 feetg thence So 51 degrees 48° 17" Em 10m00 feet to the Northeasterly Corner of said Lot 4; thence along the Northwesterly boundary line of said Lot 4 and along the Southeasterly boundary line of said recorded parcel, So 38 degrees 11° 43°/ W, 163093 feet to the point of beginningo This easement and right-of-way is for the purpose for granting Grantee the right to construct, inspect, maintain, operate and use and repair underground pipelines or mains of such size as required by the Grantee, and suitable service pipes and connections used in conjunction therewith, for the transportation of water and sewage under the above described landso Grantor grants to Grantee the right to enter upon the above described lands for the purpose of installation, repair, replacement, removal, or otherwiseo Grantor further grants to Grantee the right to use so much of the adjoining land of Grantor as shall be reasonably necessary to enable workmen and equipment to properly and conveniently construct, repairs or remove said facilitieso Grantee shall restore the subject lands to original conditions and shall repair any damage to adjoining land or structures as a result of said constructions maintenance or removals Grantee hereby agrees to hold and save Grantor harmless from any and all damage arising from Grantee°s use of the right, easement, and right-of-way herein granted and agrees to pay any damages or damage which may arise to the property premises, or rights of the Grantor through Grantee°s use, occupation and possession of the rights herein granteda Grantee hereby agrees that in the event Grantee should at any time abandon the use of the right, easements and right of way herein granted that the property herein described shall revert back to the Grantor, The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties heretoo IN WITNESS WHEREOFp the parties have executed this agreement on the day and year first above writteno THE TOWN OF VAIL Byo VAIL WATER AND SANITATION DISTRICT Bye ATTEST; STATE OF COLORADO ) )ssa COUNTY OF EAGLE ) The foregoing was acknowledged before me this day of July, 19890 by WITNESS my hand and official seals My Commission Expireso Notary Public STATE OF COLORADO ) )sso COUNTY OF EAGLE ) The foregoing c~as acknowledged before me this July, 19890 by o WITNESS my hand and official sealo A!y Commission Expireso day of Notary Public ease ~~ 7 t P ~ y 1] r '~~ may: 1 - ~ ~ - ._ ~_~ ~.. _ - ~, ~. ~r_ .ate... "'l I ~~ - - • ~ ~ ~~• r~~ f~~~ I ~ ~ ~ ~ ~i ~~ >'~^.~~ I~ _ EASEMENT AGREEMENT . ~ ~~ r _ ~i a r . . ) ~- ~ •. , ' THIS AGREE*iENT, made this ___2__day of f~o-r,~ ~t-.~ .j 1967, by and between COLTN STEWART and JOAN C, McKENNA (herein- `':~?it* ~ ~~ ;; after referred to as Grantor and VAIL WATER AND SANITATION -:` .... ~ ) . - ' i ~ " ` !~ DISTRICT, a governmental subdivision ~f the State of Colorado, : 1 • ` y~ -~ ~ (hereinafter referred to as Grantee) _ ~'~" ~ i ~ WITNESSETH _ - ~ FO.R the I?~ CC:QSiTMrf's+.TiOA' of the sum of One Dollar and - ether good and valuable consideration paid to Grantor by Grantee, - the receipt of which is hereby acknowledged, Grantor hereby sells, conveys; and grants unto Grantee an easement and right-of-way i~.over„ across, through, and under the following described lands 4-. r; si.+iate ii. Eagle County, Colorado, for the uses and purposes and - -~ upon the terms hereinafter set forth: j ~ A 10 foot easement lying 5 feet on either side of -the line described as: Beginning at a point on the ' y 1. Easterly line of Lot 4, Block 4, Vail Village Third . Filing, which is 30:32 feet Southeasterly of the Northeast corner thereof; thence Southwesterly - _152.78 feet more or less to a point ir. the Westerly line of said Lot 4, which is 5 feet Southeasterly of the Northwest corner thereof, situated in the . i. ;.~:, To;,~n of Vail, County of Eagle and State of Colorado; ~ _ And also an easement 10 feet in width described as *he '•, - Easterly 10 feet of Lot 4, Block 4, Vail Village ' '_ L Third Filing. -~ This easement and right-of-way is for the purpose of ' granting Grantee the right to construct, inspect, maintai~i, operate and use and repair underground pipelines or mains of !; such size as required by the Grantee, and suitable service pipes and connections used in conjunction therewith, for the transpor- ` tvtion of water anG sewage under the above described lands. i ~.:;„ . ~`'' Grantor grants to Grantee the right to enter upon the b a ove described lands for the purpose of installation, repair, replacement, removal, or otherwise. ii Grantor iur~her grants tc Grantee the right. to use so ' • - .~ much of the adjoining land of Grantor as shall be reasonably :.,~`. necessary to enable workmen and equipment to properly and con- ,.i veniently construct, repair, or remove said facilities. ' ..:I _ . - ~~~~ ". Grantee shall restore the subject lands to original . I:,:condit'.ons and Shall repair any damage to adjoining land or - ~' structures as ~ result of said construction, maintenance or ~~ , . ~ ti '~ ~~ v'a Yt~it~6Ry ice(} 1 a~'t '~ - ~ . ra"if..:~;~ .~,..,a.., F.-*a s::i.; ,.w..a:...,.. .:a"~ ~", a+'y L ,:t"c~_ ?c~ ~.~ ri" , '"~..: ~"y~ sy~ ,~,~ ..1 .c sy r Q„ t ~ t - t ~, 44~ ~ a~~: rms. ' z y . -, . ~`: ., y.. ~;:~ .x. -sx.-. a.i." z....?.L:<tz .., -.,. .F,6 .. `f ..~~c~-.._,~`o .t.~_...+,~A"~'. .'_ -_n~~~ .: ~;'~d?x"'ram:,:~,.;,s~:~_.s,FT~...,~...,.~.1~.,..._. - 7a i ~~ r .~y= ~~ ;L. rerceval, except for replacement of grass, .trees; shrubs,"if'the ~;. ~~ removal of such is necessary for construction,"maintenance, :or:._"."'' 4+ ~,;:: !removal. ~. ~, ~~ - Grantee hereby agrees to"hold'and save Grantor harmless ~~ ~~' _~' '~ from any and all damage arising from Grantee's use of the right, ~; easement, and right-of-way herein granted and agrees to pay any - ~~ damages or damage which may arise to the property, premises; or' "` __.~~ ;rights of the Grantor through Grantee's use, occupation and ~' .', ~ possession of the rights herein granted. i ~ I .: - !i The provisions hereof shall inure to the benefit of and ,'' bind the successors and assigns of the respective parties hereto. ~, ~ I?~T 4FIT_~ESS WEifir^,T'OF, the parties have executed this aeree-, • ~~..&~„ ~'~" ment on t ;e day and year first above written. ~' 1 - ~! - ~_ c ~ - .- Colin Stewart ' JOa1l C. McKenna VA.~.L i.'ATER AND SANITATIpN DISTRICT ! ATTEST. '~ f- { % -~Il,~.~'~~, .. is '; STATE OF COL/~OItAllO ) ~~ COUNTY OF ~Y/ ~,ct~ ) s s . ~,;, The foregoing was acl:.nowledged before me this /' day _ of _1a :", 196, "by Colir, Stewart and Joan C. McKenna. .. WITNESS my hand and official seal. My commission expires , STATE OF COLORADO) sc COUNTY OF EAGLE ) \otar,~ Public The foregoing was aci<nowledged before me this ^'~` of ~.. f . ~, _, 196" by .{ day ~.>• ~~is, a s %' and ~•t% ~ ...~ i.L ~,. . , ~ t',. of the VAIL WATER AND SANITATIO\ DISTRICT. WI NESS my Band ar,d officia], seal. My commissiun expires Q_~f ~~ 1y7~ .t ~ i 1 '~,~(r Iaptary Public - 2 _' i, /~ ,~ ~ ~ ~~ ~~- ~ ~,~~ ~- . ~ I j~ o 1 C, 4®s ,~~~ ~~' / 018 0.9 -- i / '~ ~ ~ ~ \ o v~ 6~• / ~~~A / 4 0 ~ P ~s a4 ~ ~O 1 ~ , q ~ ,©q 4 q ~•--• / 9 om I O ~~ .~ _ ~ ... ..---__ _._.._ .. .~ ..~ .___ ~P. ~~ 9 ; D47p tlq Q8tl ` 409 1 01DD.0 o\ .© I,2o . i 0 Y t~ , _ ~p~at .V~~- sea opal! ~Aalw h V~/~"I~s•O'I1 ~ 6+.~tl- `111.G _p~ wm~ ~~ulra~- ~ a.e~nM oo.^~ ~ .n.VC ~ 0 R'~~~~.1~-~ cxmsS ~.. _1~~- `\ ~~ w.. fre ~- mac. f~~~E OOq~o,, ~ ljqf R1 -l-\4ti°l \`\\Y\AU-\o ° ~ \ ~p ~p~ ~mV~ .~,w °w.?;.•^.~`. \68'2' m, L`~ wl qi ~~ 11~~J ~~~~~~ ~~t~II~IHI®11~~Y ®1F ~1~®IR7I~ IE'I1~1AI~ICIA~ REP®It'T PIZ®JEC'7'ED ~1CT UAL GENERAL SEATING ...................$22,500 GENERAL SEATING..........................$11,075 ON ICE ............................................4,000 ON ICE...................................................2,240 '`~26,500:00 ' TOTf9L $1'3,315:00 ~:.... "~' :::>:<:~ PR®,JECTED f1CTIIAL FOOD ................... ...................................$18,800 $13,230.05 Dinner ................ $12,000 Cocktail Party.. ...4,000 Lunches ............. ...1,800 Dinners .............. ...1,000 Other ................... ...........0 TRANSPORTATION .......................... $ 3,850 $ 2,047.21 Vans ...............$2,800 Cars ..................1,050 Other .......................0 PRINTING ............................................ $ 1,875 $ 1,729.31 Tickets............$ 400 Invitations..... 100 Signage........... 250 Gift Bags......... 1,125 Other .......................0 DECORATIONS .................................... $ 1,500 $ 1,869.92 Flowers ..............$600 Balloons .............. 400 Centerpieces.......500 ADVERTISING ................................... $ 5,000 $ 4,523.50 Front Range print/radio...$3,500 Local ....................................... 1,500 VOLUNTEERS ..................................... $ 900 $ 1,347.96 Uniforms............$900 SALARY/WAGES .............................. $ 1,000 $ 1,068.30 Assistant............$1,000 OPERATION ....................................... $ 1,000 $ 678.97 PRODUCER'S PERCENTAGE ............. $13,250 $ 5,703.62 $'48,975- '$32,198:84 '' TOTAY.. > EXPENSES EXPENDTTURESOVERINCOME: $22,475 $18,883.84 TOWN OF VAIL CONTRIBUTION: 16,500 16,500 $ 5,975 $ 2,383.84 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 THERcTO. 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, sewer or water mains, or with any other utility in the street right-of-way. 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 a]1 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 Roll, with interest, and in the case of default in 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 catac chart ha at rhn ~~me 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. The Town Council shall cause this Ordinance to be recorded on the Land Records of Eagle County. 3. 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. 4. 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. 5. 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 May 1988, and a public hearing shall be held on this ordinance on the 17th day of May 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 17th day of May 1988. ~/%G'/ ~ J Kent R. Rase, Mayor -3- . r ~ .1~r, ~.. ~J ~~ ,, :~ ,p Pamela A. BrandmeyJr, Town Clerk •'•, INTRODUCED,, ,.READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by "rie1~"'only this 7th day of June 1988. ,,,,I„III„//, J ~ G2.21 •" I;;~ y''-, Kent Rose, Mayo-r \ l~~ ATTEST`. 4-4 ~ ~ Pamela.A. Brandmeyer, Town lerk .~ /''//1/III III III' r ~4'