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HomeMy WebLinkAbout1990-02-06 Support Documentation Town Council Regular SessionUAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 6, 1990 7:30 p.m. AGENDA 1. Approval of Minutes of January 2 and 16, 1990 Meetings 2. Ordinance No. 1, Series of 1990, second reading, an ordinance repealing and re-enacting Ordinance 7, Series of 1989, a Special Development District (known as SDD No. 14) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. 3. Ordinance No. 3, Series of 1990, first reading, an ordinance amending Title 8 of Health and Safety of the Municipal Code of the Town of Vail by the addition of Chapter 8.36 Skier Safety; and setting forth details in regard thereto. 4. Ordinance No. 4, Series of 1990, first reading, an ordinance approving an Intergovernmental Agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining issues such as future public use and financing, contingencies for the Berry Creek 5th Filing and the Miller Ranch; and setting forth details in regard thereto. 5. Ordinance No. 5, Series of 1990, first reading, an ordinance amending Section 18.29.030 of the Municipal Code of the Town of Vail by adding "Private Off-Street Surface Parking" as a conditional use in the Arterial Business Zone District. (Applicant: Vail Associates, Inc.) 6. Resolution No. 3, Series of .1990, a resolution proclaiming the Week of February 12th - 19th Skier Safety Awareness Week. 7. Resolution No. 4, Series of 1990, a resolution of the Town Council designating the President's Holiday Weekend, February 17, 18, 19, 1990, as the 10th Annual Smokeless Weekend, and setting forth details relating thereto. 8. Sign Variance Request for L'Ostello (formerly the Enzian Lodge) 9. Appointment of Design Review Board and Planning and Environmental Commission Members CITIZEN PARTICIPATION 10. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 6, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. Approval of Minutes of January 2 and 16, 1990 Meetings 7:35 2. Ordinance No. 1, Series of 1990, second reading, regarding Kristan Pritz the Doubletree SDD 14 Action Requested of Council: Approve/modify/deny Ordinance No. 1, Series of 1990, on second reading. Background Rationale: The Doubletree Hotel, SDD 14, has been purchased by Jerry Katzoff, owner of several resort spa hotels in the U.S. He wishes to construct the addition to the hotel as previously approved, but change the uses to accommodate the spa. Staff Recommendation: Both PEC and staff recommend approval of Ordinance No. 1, Series of 1990, on second reading. 7:55 3. Ordinance No. 3, Series of 1990, first reading, an ordinance Larry Eskwith amending Title 8 of Health and Safety of the Municipal Code Buck Allen of the Town of Vail by the addition of Chapter 8.36 Skier Safety Action Requested of Council: Approve/modify/deny Ordinance No. 3, Series of 1990, on first reading. Background Rationale: Buck Allen has requested that the portion of the State Skier Safety Act dealing with reckless skiers be adopted as an ordinance by the Town. This will allow violations which occur within Town limits to be prosecuted in Municipal Court. Staff Recommendation: Approve Ordinance No. 3, Series of 1990, on first reading. 8:15 4. Ordinance No. 4, Series of 1990, first reading, an ordinance Larry Eskwith approving an intergovernmental agreement between the Town of Avon, Eagle County, and the Town of Vail regarding the Berry Creek 5th Filing and the Miller Ranch Action Requested of Council: Approve/modify/deny Ordinance No. 4, Series of 1990, on first reading. Background Rationale: The Intergovernmental Agreement has finally been approved, with some changes by the Town of Avon and Eagle County, and should now be approved by ordinance by the Town. Staff Recommendation: Approve Ordinance No. 4, Series of 1990, on first reading. 8:35 5. Ordinance No. 5, Series of 1990, first reading, an ordinance Mike Mollica amending the Arterial Business Zone District to allow private off-street surface parking as a conditional use Applicant: Vail Associates, Inc. Action Requested of Council: Approve/modify/deny Ordinance No. 5, Series of 1990, on first reading. Background Rationale: The PEC, at their Jan. 22, 1990 public hearing, unanimously recommended approval of the request (vote of 7-0). Staff Recommendation: Approve Ordinance No. 5, Series of 1990, on first reading. 8:55 6. Resolution No. 3, Series of 1990, a resolution proclaiming Buck Allen Feb. 12-19 as Skier Safety Awareness Week Action Requested of Council: Approve/modify/deny Resolution No. 3, Series of 1990. Back round Rationale: The purpose of the week is to focus the community's attention on skier safety. Particularly the fact that it is each individual skier's responsibility to ski safely and to be considerate of other skiers. The Ski Safety Task Force would like to highlight the skiing safety issue during the President's Birthday Weekend since that weekend has traditionally been busy, and it kicks off the spring skiing season. Staff Recommendation: Approve Resolution No. 3, Series of 1990. 9:05 7. Resolution No. 4, Series of 1990, a resolution proclaiming Susan Scanlan President`s Weekend as a Smokeless Weekend Action Requested of Council: Approve/modify/deny Resolution No. 4, Series of 1990. Background Rationale: President's Weekend has historically, for the past 9 years, been a smokeless weekend whereby we ask people to refrain from using their fireplaces. This is to increase people's awareness of the impact fireplace usage has on our air quality. Since air quality is coming into great focus here in Vail, we would like to continue this program for a 10th year. Staff Recommendation: Approve Resolution No. 4, Series of 1990. 9:10 8. Sign Variance Request for L'Ostello (formerly Enzian Lodge) Shelly Mello Action Requested of Council: Approve/deny the requested variance. Background Rationale: The original proposal includes a variance for number of signs, total sign area, and height of sign. On Jan. 31, 1990, the DRB recommended denial of the original application and recommended approval of a sign variance allowing 10.5 additional sq. ft. of sign area above the allowed 20 sq. ft. and a sign height of 65 ft., which is 40 ft. above the allowable 25 ft. height requirement. This sign will be placed on the east elevation. Staff Recommendation: The staff recommends denial of the original application. The staff and the DRB recommend approval of one wall sign on the east elevation, with a height of 65 ft. above grade, and a total sign area of 30.5 sq. ft. 9:30 9. Appointment of DRB and PEC Members Action Requested of Council: Appoint two members to the DRB, and two members to the PEC. In addition, two members of the PEC, Connie Knight and Jim Shearer, will need to be reappointed due to their appointment last December (their terms actually end Feb. 1, 1990). This reappointment will make their terms consistent with the February 1, 1992 term. Background Rationale: Roy Sante's and Patricia Herrington's terms on the DRB expire 2/1/90. Erwin Bachrach and Anne Fitz are applying, and Patricia Herrington is reapplying. -2- Jim Viele's and Diana Donovan's terms on the PEC are expiring 2/1/90. Applicants for these openings are Diana Donovan, James Johnson, Erwin Bachrach, Erik Steinberg, Ludwig Kurz, and Al Weiss. 9:45 CITIZEN PARTICIPATION 10:00 10. Adjournment -3- MINUTES VAIL TOWN COUNCIL MEETING JANUARY 2, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 2, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The meeting began with a Consent Agenda for the following items: A. Approval of Minutes of December 5 and 19, 1989 Meetings B. Appointment of Colleen McCarthy to the Local Liquor Authority Board There was no discussion by Council or the public. Merv Lapin made a motion to approve the Consent Agenda, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The next item was discussion of new litigation relating to the purchase of Berry Creek 5th Filing. Larry Eskwith stated that today the Town had been served with a summons and complaint by Al Weiss challenging Ordinance No. 33 passed at the special meeting Friday, December 29, 1989. He noted the complaint stated the emergency ordinance was improper and should have been an ordinary ordinance with two readings. Larry commented this filing would make it impossible for bond counsel to give an opinion to FirstBank of Vail regarding the enforceability of the loan, and that before they could do anything the Town would have to win the lawsuit. Mayor Rose remarked the Council still felt it was a reasonable project and proper for them to support, so the only possibility of proceeding was by using Town of Vail cash fund balances to purchase the property instead of borrowing the money. .Ron Phillips commented staff had done an extensive cash flow analysis today, and with cash on hand and with two investment instruments sold, the Town could go forward and close on the purchase this coming Friday. He stated the two investments sold would be sold at a premium, and the other cash was on hand. He added using this money would leave $166,000 on hand, and the Town had another $230,000 invested that could be sold if necessary. He stated staff felt comfortable with this and recommended Council to proceed. Ron noted after the court hears the suit, if the court makes the decision in the Town's favor, the Town would be able to go ahead (after time for an appeal) and exercise a short-term loan. There was some discussion by Council. Larry told Council if they wanted to move forward, they would need to pass a motion, and he would return to them with any problems. Jim Gibson made a motion to proceed with the closing with cash on hand, and giving the Mayor and/or Town Manager the power to take the necessary steps to make the purchase. The motion was seconded by Rob Levine. There was no other discussion by Council or the public. A vote was taken and the motion passed unanimously 7-0. The third item was Resolution No. 68, Series of 1989, approving an intergovernmental agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining issues such as future public use and financing contingencies for the Berry Creek 5th Filing and the Miller Ranch. Larry Eskwith stated the agreement had been sent to the County and the Town of Avon last Thursday. He reviewed the few changes the County had requested be added. Council also asked for a minor change. It was noted the resolution number and year date be changed to Resolution No. 1, Series of 1990. Merv Lapin made a motion to approve the resolution as amended by the County and with the amendments suggested by Council. Tom Steinberg seconded the motion. James Johnson questioned what were all the possible uses of the property, to which Larry r responded. Peggy Osterfoss noted this was a step forward in working with other governments in Eagle County, and this is good protection for Town of Vail citizens. A vote was taken and the motion passed unanimously 7-0. The next item was action on Vail Metropolitan Recreation District tennis court ground lease. Larry Eskwith stated the VMRD was in the process of constructing a tennis court complex, and before the lendor would enter into an agreement with VMRD, he had to have an agreement with the Town of Vail because the Town owns the land. He then explained details of the agreement. There was no discussion. Tom Steinberg made a motion to approve the ground lease as presented, which Peggy Osterfoss seconded. Lynn Fritzlen stated she would have to abstain from voting as he firm was acting as a consultant for the tennis facility.. A vote was taken and the motion passed 6-0, with Lynn Fritzlen abstaining. The fifth order of business was action on the Michael Barber contract for the Village Transportation Center expansion. Larry Eskwith remarked this item would have to be postponed until a future date. He stated the changes to the contract had been faxed to him late that afternoon, and he had not had time to review them. He stated the type of professional liability insurance required by law for this type of project was $500,000. He felt there should be more. Larry noted Michael Barber would be willing to obtain more as long as the Town would foot the bill. Larry stated the best possible insurance was project insurance, which would protect the entire project. It is a claims made policy. The only problem was that it would cost quite a bit more because it would protect the Town and the architect. He stated if the Council was interested at all, he could discuss it with them at a later date, after he had done some research on it. After some discussion by Council, they directed Larry to check into this type of insurance coverage for the next Council meeting. An appointment to the Planning and Environmental Commission was the next item. There was one opening and three applicants - Ludwig Kurz, Dalton Williams, and Erik -- Steinberg. Tom Steinberg stepped away from the table and abstained from voting. A secret ballot vote was taken and Dalton Williams was chosen. At this time, Merv Lapin made a motion to appoint Dalton Williams to fill Sid Schultz's position on the PEC for approximately one year and two months, which Rob Levine seconded. A vote was taken and the motion passed 6-0, with Tom Steinberg abstaining. At this time, Peter Patten announced Jim Viele would be resigning February 1, when his term ended. Peter stated that ads would be placed, and he would notify Erik and Ludwig of the opening. Mayor Rose stated there were items not addressed at the Work Session that afternoon which Council would like to cover now. The Design Review Board report was next. Mike Mollica quickly reviewed the DRB's unanimous approval of the Finishing Touch sign. Kristan Pritz reviewed items on the Design Review Board agenda. There was then discussion of the Vail Uillage Master Plan. Peter Patten noted the Council had received page inserts of the Council's Vail Uillage Master Plan which would make the document exactly what the Planning and Environmental Commission had approved. He asked Councilmembers to bring in their Master Plan documents so Community Development could add the inserts. He then answered questions of Council. After much discussion by Council, Ron Phillips explained in general terms what the Master Plan was for and would do. Diana Donovan agreed. Jim Gibson suggested if it was to be used as a guideline, then to change all "shalls" to "mays" and eliminate all referrals to "incentives." Peggy Osterfoss added the document really was an attempt to provide a guideline. It was decided to hold more discussion on this item at a Work Session Tuesday, January 9, 2:00 p.m. Ron Phillips reminded Council the Work Session January 16 would begin at 12:00 noon, beginning with Employee Housing. Peter stated he would try to have as many PEC members as possible at the Work Session January 9 to discuss the Master Plan with Council. There was some discussion regarding a possible Lionshead Master Plan. Mayor Rose announced he would be holding another Mayor's Breakfast, possibly Wednesday, February 7, in the West Vail neighborhood. Mayor Rose stated there had been discussion today at the Work Session regarding contributing funds to the Betty Ford dinner. The cost would be $7,500 for a gold table, and $3,500 for a silver table. He stated the Town of Avon would participate for half of a $3,500 table, so now the Town was considering a $1,750 contribution. He added if the public was interested in attending, it would cost them $350 a seat. -2- Lynn Fritzlen felt the Mayor should go to represent the Town of Vail. Jim Gibson suggested if they wanted to keep it simple, why not make a one time donation instead of setting a precedent of paying for a table and being expected to go each year. Rob Levine disagreed, that it was not just for the cash, but the Town needed representation there, and felt the Mayor and Mayor Pro Tem and wives should attend. Ron Phillips noted the Council should really think about this, because the Council was elected to represent the Town of Vail, and he felt only Councilmembers and guests should go. He added the Town of Avon was sending its Mayor and one Councilmember and spouses. Rob Levine made a motion to dedicate $1,750 for half of a silver table, shared with the Town of Avon, to represent the Town of Vail in support of the Fords and all they have done. Tom Steinberg seconded the motion. Peggy Osterfoss recommended this be seen as a one time request. A vote vas taken and the mot ion passed unanimously 7-0. There was no Citizen Participation. Ron Phillips commented that Council had received handouts today regarding Kristan Pritz becoming the Acting Community Development Director after Peter leaves. He stated the Town would be advertising for the opening, and hopefully would have a decision by late March. There being no further business, the meeting was adjourned at 9:25 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- h1I NUTES VAIL TOWN COUNCIL MEETING JANUARY 16, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 16, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Lynn Fritzlen Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss Tom Steinberg, Mayor Pro Tem Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item was presentation of plaques of appreciation to the former Councilmembers. Mayor Rose recognized each Councilmember of the last Council no longer serving, Eric Affeldt, John Slevin, and Gail Wahrlich-Lowenthal, and presented them each with a plaque honoring their service to the Town. Mike Cacioppo was not present to receive his plaque. Eric, John, and Gail thanked everyone for their support, and wished. the new Council good luck. The second order of business was approval of the minutes of the December 26 and 29, 1989 special meetings. There was no discussion by Council or the public. Merv Lapin made a motion to approve the minutes, which was seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 6-0. An Aquatic Center presentation by the Vail Metropolitan Recreation District was next. Tim Garton gave a brief review and update to Council and the public regarding the proposed aquatic center. He reviewed the goals of the task force, and gave chronological background up to the present. Jim Morter, of Morter Architects, the architect for the project, presented a slide show of the plans and discussed costs. Tim and Jim then answered questions of Council and the public. The fourth order of business was Ordinance No. 2, Series of 1990, first reading, a request for rezoning from Residential Cluster to High Density Multiple Family with a Special Development District for Parcel D, Stephens Subdivision. (Applicant: Faessler Realty) Mayor Rose read the full title of the ordinance. Mike Mollica gave an overview of the proposal, identified the location of the property, and explained the zoning comparisons and criteria used in evaluating the proposal. He then explained why the Planning and Environmental Commission and staff recommended denial. Sidney Schultz, architect for the project, gave a brief presentation discussing height, density, zoning, and parking. Johannes Faessler spoke as to why he felt the project should be approved. Mayor Rose responded to Mr. Faessler's concerns. There was much discussion by Council at this point regarding the parking and number of people impacting the site. Greg Stutz, representing the Meadow Creek Condominium Association, stated they were not against employee housing, they were against the rezoning request, and gave reasons why they were against it. Sue Dugan, a member of the Vail Board of Realtors but not representing them, noted how the stigma of employee housing could affect the neighborhood. Patty Franke presented a petition against the rezoning, and gave it to Mayor Rose. There was discussion between Council and staff regarding sending the project back to the Planning and Environmental Commission instead of voting on it. Johannes felt there was no point in going back to the PEC or working with the neighborhood without getting clear direction from the Council. Sidney gave additional remarks in support of the project, to which Greg Stutz responded. Jim Gibson made a motion to deny the ordinance with the finding that since there has been no change in the neighborhood conditions, or character of the area, a request for a change in the original zoning should not be made. Merv Lapin seconded the motion. Eric Affeldt noted the Council was looking at the broader issue of employee housing for the valley, and it was critical that the employee housing study address what the problems are, and where tc locate housing. Peter Patten asked that the motion be amended to include the findings in the staff memorandum of January 8, 1990. Jim amended the motion and ,~-~ Merv seconded. Peter Franke objected to the employee housing in the neighborhood since it would be only for Faessler's employees. Peggy Osterfoss suggested Johannes use the Land Use Plan and input from the neighborhood to amend his plans. Diana Donovan asked if Council could attend the PEC work session next time the project comes up. Joe Earhart explained the relationship between the Meadow Creek Condominiums and this particular neighborhood. A vote was then taken and the motion passed unanimously 6-0. Item number five on the agenda was Ordinance No. 1, Series of 1990, first reading, regarding the Doubletree Special Development District No. 14. The full title was read by Mayor Rose. Peter Patten gave background information regarding the Doubletree project, reviewed revisions to the SDD, and then reviewed the SDD criteria and changes to the previously approved SDD requirements. He stated there were no changes in development standards from the previously approved development standards, and the staff recommendation was for approval. Peter also commented the conditions of approval were unchanged from the original SDD. Peter Jamar, representing Katzoff Resorts of Vail, gave background information and reasoning for approval of the project. Lynn Fritzlen commented she was happy to see the addition of guest services added to the hotel. Lynn Fritzlen made a motion to approve the ordinance as written, which Rob Levine seconded. Lynn amended the motion to include the findings in the staff memorandum dated January 16, 1990, which Rob seconded. A vote was taken and the motion passed unanimously 6-0. The sixth item for consideration was Resolution No. 2, Series of 1990, a resolution approving the Vail Village Master Plan. Peter Patten gave a brief presentation on why there was a Master Plan, and reviewed the chronological background up to the present. Tom Braun explained how the Plan would be used in the future. Peter then covered, in the staff memorandum dated January 10, 1990, the changes to the Plan the Council had requested. Merv Lapin made a motion to approve the resolution with the changes made, which Peggy Osterfoss seconded. Lynn Fritzlen commented on her reservations of the Plan, to which Rob Levine responded. Jim Gibson felt Council should implement the Plan as a living document which could change if necessary. Larry Lichliter, of Vail Associates, stated he was philosophically in agreement with most of the document, but asked for another 30 days to review the final document, and have Council receive professional arguments with specific problems. After some discussion by Council, Diana Donovan remarked the document had not changed since November except for "mays," "shalls," etc. and the PEC needed it for decision-making. She continued that it made the PEC's work much easier and gave reasoning why it should be passed now. Peter Jamar also requested that the plan not be approved to allow for additional review time. Peggy Osterfoss stated she was in favor of passing it now, and Peter Patten agreed. A vote was taken and the motion passed 4-2, with Lynn Fritzlen and Rob Levine opposed. Action on the Michael Barber contract for the Village Transportation Center expansion was next on the agenda. Larry Eskwith began with discussing the two types of insurance available for Michael Barber to carry. He asked Council which they preferred, the regular insurance or project insurance, and explained the differences in coverage and cost. After much discussion by Council and staff regarding insurance, the actual architect contract, and owner's representation, Lynn Fritzlen made a motion approving the contract contingent upon talking with the architect regarding the Town hiring an owner's representative versus Michael Barber providing an owner's representative from their own staff. After some discussion, the motion was withdrawn. .Rob Levine made a motion to accept the contract with the architect providing a full-time, seven days a week owner's representative for the Town if in a reasonable time the Town cannot find an acceptable representative or cannot afford one. Lynn Fritzlen seconded the motion. A vote was taken and the motion passed unanimously 6-0. The eighth item was action on Town Attorney and Town Manager compensation. Mayor Rose stated the Council had three employees, the Town Attorney, Town Manager, and Municipal Judge. He added they were holding the Municipal Judge's compensation the same as previous years, but extending his hours from 20 to 24 a week. Mayor Rose also noted the Town Manager's and Town Attorney's evaluations came out as above standard toward outstanding. He noted the last Council's recommendations were to look at bonuses instead of pay increases, and recommended a $4,000 bonus (6°!°) for the Town Manager and $3,000 (5%) for the Town Attorney. After some discussion by Council, Jim Gibson made a motion to eliminate the bonuses and grant the Town Manager a pay increase of four percent and the Town Attorney a pay increase of five percent, and follow the recommendation of the last Council for increasing the hours from 20 to 24 for the Municipal Judge. Rob Levine seconded the motion. After some discussion by Council and staff, a vote was taken anal the motion passed 5-1, with Merv Lapin opposed. -2- v There being no further business, the meeting was adjourned at 12:00 a.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: amela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- ORDINANCE NO. 1 Series of 1990 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE 7 SERIES OF 1989, A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD NO. 14) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, SDD No. 14 for development of Lot 2, Block 1, Vail Lionshead 2nd Filing was originally approved by Ordinance 5 of 1986; and has been amended by Ordinance No.7, Series of 1989; and WHEREAS, The applicants wish to make amendments to SDD 14; and WHEREAS, the establishment of the requested SDD 14 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 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. 14; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. REPEAL AND RE-ENACTMENT. ORDINANCE 7, SERIES OF 1989 is hereby repealed and re-enacted with amendments to read as set forth below. Section 2. Amendment Procedures Fulfilled, Planning Commis- Sion 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 14. Y Section 3. Special Development District 14. Special Development District 14 (SDD 14) and the development plan therefore, are hereby approved for the development of Lot 2, Block. 1, Vail Lionshead Second Filing, within the Town of Vail, consisting of 2.6298 acres of 114,554 square feet, more or less. Section 4. Purpose. Special Development District 14 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 complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District 14 which cannot be satisfied through the imposition of the standards in the High Density Multiple Family zone district. SDD 14 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 5. Definitions. A. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all-such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075 A-G governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. SECTION 6. DEVELOPMENT PLAN. A. The development plan for SDD 14 is approved and shall constitute the plan for development within the special development district. The development plan is comprised of those plans submitted by Pellecchia Olson Architects as dated as follows: 1. Site and landscape .plans by Pellecchia Olson Architects dated January 8, 1990. 2. Floor plans and parking plans by Pellecchia Olson Architects dated January 8, 1990. 3. Elevations and sections by Pellecchia Olson Architects dated January 8, 1990. 4. The Environmental Impact Repart dated January, 1986 as prepared by Berridge and Associates, Inc. B. The Development Plan shall adhere to the following: f1 . 1 L ..1.. Setbacks shall be noted as on the site plan listed above. Height Heights of structures shall be as indicated on the elevations listed above. 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 preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. PARKING AND LOADING Parking and loading shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on site be less than 184 spaces, and there shall be no less than 68 spaces available to the Doubletree, its designated employees and guests in the Vail Valley Medical Center parking structure. These 68 spaces shall be available to the Doubletree from the hours of 5:30 pm to 6:00 am. SECTION 7. DENSITY. Existing development on the site consists of 128 accommodation units and 19 dwelling units consisting of 73,577 square feet of gross residential floor area. The approval of this development plan shall permit an additional 62 accommodation units or transient residential units and 5 dwelling units, consisting of 33,450 square feet of gross residential floor area. The total density permitted with the approval of this development plan consists of 190 accommodation units (62 of which may be transient residential units) and 24 dwelling units with a total of 107,027 square feet of gross residential floor area. ALSO, a SPA FACILITY OF APPROXIMATELY 18,000 SQUARE FEET SHALL. BE ALLOWED. SECTION 8. USES. Permitted, conditional and accessory uses shall be as set forth in the High Density Multiple Family zone district. In addition to these uses, Transient Residential Units shall be allowed as a permitted use. SPA FACILITIES SHALL BE ALLOWED AS AN ACCESSORY RECREATIONAL USE TO A LODGE AS PER THE HDMF ZONE DISTRICT. Section 9. Amendments. Amendments to the approved development plan shall follow the procedures outlined in Section 18.40.100 of the Vail Municipal Code. Section 10. Conditions of Approvals for Special Development District 14. A. The development contained within SDD 14 shall not be converted to any form of time share ownership. The applicant agrees to limit the use of any new dwelling units approved with this development plan to those restrictions outlined in Section 17.26.075.A, Condominium Conversion, of the Vail Municipal Code. Notwithstanding the foregoing, the restrictions set forth in Section 17.26.075 of the Municipal Code of the Town of Vail shall not apply to the dwelling units during any period during which they are owned by any individual who is also an owner of the Doubletree Hotel. B. The 62 additional accommodation units permitted with the approval of SDD 14 shall be developed as lodge rooms under a single ownership. Any proposal to condominiumize the accommodation units would require approval in acordance with the Subdivision Regulations of the Town of Vail. C. Prior to the issuance of a building permit, the applicant shall submit to the building department all required approvals from the State Highway Department for changes to access off the South Frontage Road. Prior to the issuance of a temporary certificate of occupancy for residential units constructed on site after the effective date of this ordinance all improvements required by the State Highway Department access permit shall be completed. D. Prior to the issuance of a building permit for the construction of-any improvement in SDD 14 the owner, or owners of SDD 14 shall provide to the Town of Vail a copy of an agreement between the Vail Valley Medical Center and Vail Holdings, Ltd. allowing the Doubletree Hotel, its designated employees or guests the right to use a minimum of 68 parking spaces in the Vail Valley Medical Center structure from the hours of 5:30 pm to 6:00 am. This parking agreement must be in a form that may not be amended or terminated without the approval of the Town of Vail. Section 11. 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 12. 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. Section 13. The repeal or the repeal and re-enactment of any provisions of the Vail. Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed 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 16th DAY OF January , 1990 at' 7:30 pm in the Council Chambers of the Vail Municipal Building in Vail, Colorado. Ordered published in full this 16th day of January , 1990. Kent R. Rose, Mayor ATTEST Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF 1990. Kent R. Rose, Mayor ATTEST Pamela A. Brandmeyer, Town Clerk ORDINANCE N0. 3 Series of 1990 AN ORDINANCE AMENDING TITLE 8 OF HEALTH AND SAFETY OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF CHAPTER 8.36 SKIER SAFETY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail feels it is important to the health, safety and welfare of all skiers using ski slopes within the Town of Vail to enact legislation setting forth the duties and obligations of such skiers. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: Chapter 8 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 8.36 SKIER SAFETY to read as follows: 1. 8.36 SKIER SAFETY 8.36.010 PURPOSE The Town Council declares that it is in the interest of the Town to establish reasonable safety standards for skiers using ski areas within the Town. 8.36.020: SKIER DUTIES A. Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Bo Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him. It is presumed, unless shown to the contrary by a preponderance of the evidence, that the responsibility for collisions by skiers with any person., natural object, or man-made structure that is marked is solely that of the skier or skiers involved and not that of the ski. area operator. C. No skier shall ski on a ski slope or trail that has been posted as "Closed". D. Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails. E. Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this ordinance near base area lifts, on the passenger tramways, and on such ski slopes or trails as his is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted. F. Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis. G. Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail. H. No person shall move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in Section 12-22-203(7), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in Section 12-22-303(7), C.R.S., or other drug. I. No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his name and current address as required by the subsection I after securing such aid. J. No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator. K. Obedience to Ski Patrolmen and Ski Area Designated Speed Control Personnel. No person shall willfully fail or refuse to comply with any lawful order or direction of any Ski Patrolman or Ski Area Designated Speed Control Personnel who is invested with authority to direct, control, or regulate skier traffic. L. Obedience to Area Boundaries, Speed Control Devices and Ski Closures. No person shall ski past, through, under, or around any ski area boundary or ski closure marking except in compliance with the directions of a ski patrolman or other authorized person. When approaching a speed control device or sign, a skier shall comply with the directions posted on the speed control device or sign. The skier shall comply with any directions of any ski patrolman or other authorized person staffing any speed control device. -2- 8.36.030 PENALTIES Any person who violates any of the provisions of subsection C, F, G, H, I, J, K, or L of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) and a jail sentence of not more than ninety (90) days. Any person under the age of eighteen (18) who violates any of the above listed provisions of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500). 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. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Councii Chambers of the Vail Municipal Building, Vail, Colorado. -3- Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -4- ORDINANCE N0. 4 Series of 1990 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, EAGLE COUNTY, AND THE TOWN OF VAIL, OUTLINING ISSUES SUCH AS FUTURE PUBLIC USE AND FINANCING CONTINGENCIES FOR THE BERRY CREEK 5TH FILING AND THE MILLER RANCH; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has purchased a parcel of real estate commonly known as the Berry Creek Ranch 5th Filing ("the property"); and WHEREAS, under certain conditions being met, it is the desire of the Town of Vail to sell the property to the County of Eagle, and it is the desire of the County of the County of Eagle to purchase the property from the Town; and WHEREAS, if certain conditions are not met, the County of Eagle will not be obligated to purchase the property from the Town of Vail, but under such circumstances the County of Eagle and the Town of Avon shall have the right to purchase shares in the property under the terms and conditions set forth in the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF UAIL, COLORADO, that: 1. The Intergovernmental Agreement (the "Agreement") attached hereto and made a part hereof by reference between the Town of Vail, the County of Eagle, and the Town of Avon is approved. 2. The Town Manager and the Mayor is authorized to take all steps necessary to execute the Intergovernmental Agreement. 3. The Town Council specifically approves the sale of the Berry Creek 5th Filing to the County of Eagle in accordance with paragraph 8 of the Agreement, and, as the case may be, the sale of equal interests in the Berry Creek 5th Filing in accordance with the provisions of paragraph 9 of the Agreement. 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. 5. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 6. 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. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of 1990, and a public hearing shall be held on this Ordinance on the ___ day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of . 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Cler INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND TOWN OF AVON AND TOWN OF VAIL THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of 19 by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a municipal corporation, by and through its Town Council; and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Council. RECITALS A. The Town of Vail intends to use its best efforts to purchase the parcel of _._ land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more specifically described in Exhibit A attached hereto and by this reference made a part hereof ("Berry Creek parcel"). _ B. In addition, the Town may use its best efforts to purchase the parcel of land commonly referred to as the Miller Ranch located near Edwards, Colorado, and more specifically described in Exhibit B attached hereto and by this reference made a part hereof ("Miller parcel"). C. Should the Town of Vail obtain title to the Berry Creek parcel, the Town wishes to sell and the County wishes to purchase the Berry Creek parcel under the terms and conditions set forth in this Agreement. D. Should the Town obtain title to the Berry Creek parcel and the Miller parcel, the Town wishes to sell and the County wishes to purchase both the Berry Creek and the Miller parcels under the terms and conditions set forth in this Agreement. E. This Intergovernmental Agreement is authorized pursuant to Section 29-1-201, et seq., C.R.S.. __ Now, therefore, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek parcel upon terms and conditions acceptable to the Town of Vail. Z. The Town of Vail may use its best efforts to acquire the Miller parcel upon terms and conditions acceptable to the Town of Vail. In the event the Town of Avon or the County or both have exercised their right to purchase an interest in the Berry Creek parcel pursuant to paragraph 9 before acquisition of the Miller parcel by the Town of Vail, and if the Town of Avon or the County wish to participate in the purchase of the Miller parcel and share in the cost of such purchase, then the terms and conditions of the acquisition of the Miller parcel shall as well be acceptable to the Town of Avon, the County, or both, as the case may be. 3. The County shall hire bond counsel and a financial consultant to provide consultation to the parties relating to the financing of the Berry Creek and/or Miller parcels and shall hire a planner to give advice to the parties regarding the planning and development of either the Berry Creek parcel or the Berry Creek and Miller parcels for recreation and employee housing. 4. The Town of Vail shall hire the services of special real estate counsel to provide consultation to the parties regarding the acquisition of the Berry Creek parcel or the Berry Creek and Miller parcels. 5. The parties agree to equally share the costs of the consultants described in paragraphs 3 and 4 up to the following maximum amounts: Bond counsel and financial consultant - $15,000 Land use planner - $7,500 Real estate counsel - $15,000 6. The County shall hold an election in the spring of 1990 ("the election") to place the issue before the registered voters of Eagle County of whether or not to increase the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, and to develop either the Berry Creek parcel or the Berry Creek and Miller parcels for the purposes of employee/affordable housing and recreation. 7. The County, the Town of Avon, and the Town of Vail agree to cooperate in presenting and explaining the need and rationale for the purchase of the Berry Creek or Berry Creek and Miller parcels and for their future development as employee/affordable housing and recreation. 8. If at the election, the registered voters of Eagle County approve an - increase in the County general fund mill levy in a sufficient amount for the County to purchase the property and develop the property for employee/affordable housing and recreational purposes, the County shall purchase the property from the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry -2- Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g., loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller parcels to the time of purchase by the County. If the Town of Vail purchases the Berry Creek parcel or the Berry Creek and Miller parcels with cash on hand rather than borrowed funds, the County shall purchase the property form the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or Berry Creek and Miller parcels and interest thereon at the rate of eight and one-half percent interest (8.5%) per annum until the time of purchase by the County. 9. If at the election, the registered voters of Eagle County do not approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop the property for employee/affordable housing and recreational purposes, then the County shall have no obligation to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, from the Town of Vail. However, the County .and the Town of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, as follows: A. If either the County or the Town of Avon wish to purchase the property without contribution from or participation by the other, then the purchasing government shall be obligated to purchase a fifty percent (50%) interest in the property as a tenant-in-common. B. If both the County and the Town of Avon wish to purchase interests in the property, they shall be obligated to purchase a one-third (1/3) interest each as a tenant-in-common. C. The purchase price to the Town of Avon or the County shall be the appropriate percentage of all costs and expenses the Town of Vail has expended in the purchase, development, and maintenance of the property up to the date and time of purchase, including by way of illustration and not limitation, purchase price, development costs, all fees paid to design and planning consultants and special legal counsels subsequent to the election, costs of planning, designing, and constructing any improvements on the property, and all finance carrying costs (e.g., loan fees, debt service, etc.).. D. If the Town of Avon or the County wish to purchase a share in the property as set forth in this paragraph, they shall do so within five (5) years of the date of the certification of the results of the election, and shall provide the -3- Town of Vail with written notice expressing their intention to do so no later than sixty (60) days prior to the date of the closing of the purchase by the Town of Avon or the County. Should the Town of Avon or the County fail to purchase any interest in the property within five (5) years of the date of the certification of the election results, the right to do so shall immediately terminate. 10. During any period of time the Town of Vail is the sole owner of the property, it may make all decisions regarding the property, including by illustration and not limitation, financing, maintenance, and development, which it in its sole discretion deems proper. In addition, the Town of Vail shall have the right to sell the property if it determines, in its sole discretion, such sale is appropriate, during any period of time it is the sole owner of the property including the period of time prior to the election or after the election, notwithstanding the right to purchase shares of the Berry Creek parcel or Berry Creek and Miller parcels given the County and the Town of Avon in paragraph 9 of this Agreement. In the event the Town of Vail sells the property prior to the election, costs of consultants paid by the County and the Town of Avon pursuant to paragraph 5 shall be refunded to them. 11. In the event the Berry Creek parcel is owned by more than one (1) government, each owner will appoint two (2) representatives to form a committee to manage and develop the property. No owner shall pledge, sign, or otherwise transfer or convey its interest in the property without the expressed written consent of all the other owners. No owner shall have the right of partition unless otherwise mutually agreed to by all owners. No owner shall have the right to sign any petition for an annexation or an annexation election or petition for inclusion in any special district without the mutual consent of all the owners. The committee shall establish bylaws for the management and development of the property and shall have the right, if they deem it in the best interest of the owners, to recommend to the owners and the owners may take all steps necessary to establish a separate entity for the ownership, management, and development of the property. In the event the members of the committee fail to agree as to any question affecting the Berry Creek parcel, the question immediately be submitted for a joint determination by the governing bodies of all owners. - 12. In the event the voters fail to approve an increase in the mill levy to purchase the Berry Creek parcel, the parties agree to share equally the following costs which are in addition to the costs set forth in paragraph 5 of this Agreement: -4- A. A bond counsel fee as compensation for providing services directly related to the mill levy election in an amount not to exceed six thousand five hundred dollars ($6,500). B. A financial advisor fee as compensation for providing advice directly related to the mill levy election in an~amount not to exceed two thousand dollars ($2,000). C. The costs of holding a mill levy election in an amount not to exceed fifteen thousand dollars ($15,000). If the registered voters of Eagle County approve an increase in the mill levy for the purchase and development of the Berry Creek parcel, then all consultation fees expended by all the parties which have been set forth in this Agreement, including bond counsel and financial consultants, planner, and real estate counsel fees are set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set forth in paragraph 12, as well as the cost of the holding of the election shall be paid from the proceeds of the mill levy increase. 13. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any rights to claim damages or to bring any lawsuit, action or other proceedings against either the Town of Vail, the Town of Avon, or the County because of any breach hereof or because of any terms, covenants, agreements, or conditions contained herein. 14. Except as specifically provided otherwise herein, no modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 15. This written Agreement embodies the whole agreement between tl~e parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County, the Town of Avon, or the Town of Vail, other than those contained herein. 16. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by any party without the prior written consent of the other respective parties hereto. 17. A11 agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this - Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 18. The Town of Avon, the Town of Vail, and the County each individually represent to each other that it possesses the legal ability to enter into this -5- Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of ATTEST: , 19 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Johnette Phillips, County Clerk Donald H. Welch, Chairman P. 0. Box 850 Eagle, CO 81631 ' (303) 949-5257 ATTEST: TOWN OF VAIL, STATE OF COLORADO, By and Through Its Town Council By: BY~ Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor 75 S. Frontage Road West Vail, CO 81657 (303) 479-2100 ATTEST: TOWN OF AVON, STATE OF COLORADO, By and Through Its Town Council By: BY~ Patricia J. Doyle, Town Clerk Allan Nottingham, Mayor P. 0. Box 975 Avon, CO 81620 (303) 949-4280 -6- 1;XHIi3IT A Berry Creek 5th Fil.i.nw PARCEL, A Page 1 oL 2 A parcel of land located in the~W. 1/2 of Section 4 and the NE 1/4 of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian,' County of Eagle, State of Colorado. hlore 17.~rticularly dc~sct•ibecl as follows: Ueclinniny at a huint on thc~ southerly ri.yht-of-way for Interstate [liyhway 7U from which the northwest corner of said Section 4 bears, N. 30 degrees 37'20"W. 2103.11 feet; thence S. 58 degrees 13'30"E. along the I-7U right--of--way line 318.59 feet; thence departing from the I-7U right--of-way S. 41 degrees 58' 43"1V. 141.00 feet; thenr_e S. 48 dec3rees 01' 17"E. 150.00 feat; thence N. 41 degrees 513'43"L. 150.00 feet to a point on the I-7U right-of-way; thence contlnulnq along the I-70 right-of-way 1?8.41 feet along tht~ arm of a non-tangent curve to the ri.clht having a rad.i_us of_ 21.".'.6.80 f.eeL- whose chord bears S. 44 dcyrnes 5G°4`"E. 128.39 feet; continuing along said right-oL-way line, S. 40 degrees 41'30"E. 289.10 feet, continuing along said t'Lyht-of-way line-~, S. 39 degrees 28'00"E. 296.10 feet; continuinc( along said right-of-way S. 43 degrees 53'30"E. 366.70 feet; continuinc) along the arc of a tangent curve to t-he left 54U.~iU feet havinr~ a radius of 1787.00 feet, whose chord E~ears 5. 54 deyrec~~s .15' 2?"L. 538.45 feet to a point on the mast line of thc~ SW 114 Section 4; l-.hence dapart-ing from the Interstate 70 right-of-way and continuing along the east. line of the S1V 1/4 Section 4 S. Ul degrees 23'01"LV. 1372.38 feet to a pi~i.nt on the nortl~er.ly r.iyitl:-o(:-way of ttie beaver and Rio Grande Westet•n Railroad; continuing a.lony said right--of-way 72.81 feet along the arc of a non-tangent curve to the left having a radius of 11310.00 feet- whose chord bears N. G7 degrees 23'40"LV. 72.80 feet; thence r_ontinuinc) along said right-of-way N. 66 d~~yrees 14'31"W. 1553.35 feet; continuing along said right-~~£-way N. 89 degrees 4.4'20"W. 121.64 feeC; continuing along said right-of-way 1671.11 feet- along -the arc of a non-tangent curve to the right having a radius of 1860.00 feet whose chord bears N. 311 degrees 11' S9"W. 1615.47 feet; corttirtuiny along said ric~Pub-of-way N. 12 degrees 27' 40"W. 171.74 feet; continuing a.lonq said ri.gltt-of-way N. U1 degrees 25'33"E. 130.18 feet; continuing along the said right-of-way No 15 dc~yrees 23'59"6V. 299.69 feet to a point on the easterly side of the State Highway No. G access road right-of-way; thence continuing along the access road right-of-way N. 77 degrees 39'01"E. 16.50 feet; continuing along said right-of-way N. 73 degrees 27'30"E. 220.57 feet; continuing along said rig}tt-of-way 141.69 feet along the arc of a tangent curve to the left having a radius of 577.50 feet whose chord bears N. 58 degrees 37'18"E. 141.34 i-eet; thence deprting from the access road right-of-way S. 55 degrees 16'12"L. 400.00 feet; thence N. 35 degrees 17'28"E. 480.81 feet; thence N. 70 degrees 21'00"W. 285.47 feet; thence N. 86 degrees 45'00"W. 148.20 feet to a paint on the State Elighway No. 6 access road right-of-way; thence N. 25 degrees "17'30"E. 27.00 feet to a point on the Interstate 70 right-of-way; thence along the Interstate 70 right-of--way S. 136 degrees 45'00"E. 141.60 feet; thence continuing along said right-of-way S. 70 degrees 21'00"E. 550.20 feet, to the point of beginning. );XElIB1T A Page 2 oL 2 Berry Creek 5th Filing PARCEL B A parcel of land located in the-northwest quarter of the. southwest quarter of Section 4, Township 5 South, Range a2 West of thc~ Sixth.Principal hleridi.an, Eagle County, Colorado, more partic_ular.ly described as follows: L1c:y inninc) at a I:~oirrt on thcr west 1 i_ne of Section 4 f torn which tl-e southwest corner of the NW .t/4, SW_1/4 of Section 4 bears S. -01 degrees 25'33"W. 254.00 feet; thence along the west 1 ine of Section 4 N. U1 clegrc~es 25' 33"E. f1U2.17 feet to a point on the southerly right--o-C-way of the Denver Rio Grande and Westet•n Railroad; thence departing from the west line of Section 4 and continuing aloncl the railroad right-of-way along a curve tr, the left an arc lent}th of 13711.34 feet, having a radius of 1960,00 feet, a central angle of 40 degrees 17'33" and a chord bearing S. 313 degrees 17'02"E. 1350.12 feet to a point of the south line oC l-.he NW ]./4, SW 1/4 Section 4; thence departing from the rai~lruad right-ol:-way and continuing along the south line of the NW 1/4 S6V 1/4 N. 89 degrees 44'20"W. 322.7Ei feet to the r_enterline of the E.~yle River; thence departing from the south line of L-he NW 1/4 SW 1/4 and continuing along thc~ centerline of the Eagle River the following four (4) cout•ses: 1) N. 10 degrees 44'20"W. 123.OU feet; 2) N. G2 degrees 2(1'45"W. 1x1.07 feet; 3) N. E37 degrer.s 55"'i1"W. 20).11 I:eet; 4) N. 72 degrees 34'27"W. 1411.00 feet; to the point of beginning. LXII I B I'i li Miller Parcel PARCEL A: Page 1 oL 3 A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3 AND THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 4 SOUTii , RANGE 82 WEST' OF THE SIXTY PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A'1' A POINT ON THE NOR'1'IIEI2LY RTGII'T OF WAY OF 'TIIE DENVER AND RIO GRANDE WESTERN RAILROAD ANU ON THE WESTERLY LINE OF SECTION 3 FROM WHICH THE SOUTHWEST CORNER OF SEC'T'ION 3 BEARS SOUTH O1 DEGREES 25 MINUTES 43 WEST 688.56 FEE'T'; '1'IiENCE DEPARTING FROM THE WEST LINE OF SEC'T'ION 3 AND CONTINUING ALOrIG THE NORTHERLY RIGHT OF WAY OF THE DErIVER AlID RIO GRANDE RAILROAD RIGHT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 122.10 FEE'L'; TIiENCE ALONG A CURVE 'TO THE LEFT A!I ARC LENGTH OF 568.60 FEET, WITIi A RADIUS OF 2764.79 FEET AND A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES 00 SECONDS; TIiErICE NORTH 74 DEGREES 50 MINUTES 36 SECONDS EAST 2110.57 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 3; TIiENCE ALONG THE CENTER SECTION LINE SOUTH 00 DEGREES 45 MINUTES 59 SECONDS WEST 47.32 FEET; THENCE DEPARTING FROM THE CENTER SECTION .LINE NORTIi 74 DEGREES 48 MINUTES 41 SECONDS EAST 207.34 FEET; TIiF.NCE ALONG A CURVE TO THE RIGHT AN ARC LENGTIi OF 95.33 FEET IiAVIrdG A RADIUS OF 1482.60 FEET AND A CENTRAL ANGLE OF 03 DEGREES 41 MINU'T'ES 02 SECONDS TO A POIN'T' COMMON TO '1'I~E NOR'1'iiERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD AND TIIE SOUTHERLY RIGHT OF WAY OF INTERSTATE 70 THENCE DEPARTING FROM 'T'HE RAILROAD RIGII'P OF WAY AND COr1TINUTlIG AL021G '1'IIP; IN'I'ERS'1'A'TE 70 RIGIi'T OF WAY SOU'TIi 88 DEGREES 26 MItIU'TL'S 31 SECONDS WEST 703.20 FEE'T'; TIiENCE SOUTH 84 DEGREES 37 MINU'1'ES 31 SECONDS ~~~ES'I' 30U.7U FEET; TIiENCE NORTH 64 DEGREES 59 MINUTES 29 SECONDS WEST 111.80 FEET; THENCE SOUTH 88 DEGREES 26 MINUTES 31 SECOr1DS WEST 700.00 FEET THENCE SOUTH 78 DEGREES 59 MIr1UTES O1 SECONDS WEST 304.10 FEET; TIiENCE r10RTH 87 DEGREES 57 MINUTES 59 SECONDS WEST 893.80 FEET; TIiENCE NORTH 87 DEGREES 57 MIidUTES 59 SECONDS WEST 153.50 FEET; THENCE ALONG A CURVE TO THE RIGIi'T' AN ARC LENGTIi OF 501.48 FEET HAVING A RADIUS OF 2441.80 FEET ArID A CENTRAL ANGLE 11 DEGREES 46 MINUTES O1 SECONDS; THElJCE NORTH 73 DEGREES 33 MINU'T'ES 29 SECONDS WEST 309.80 FEET; THENCE NORTH 73 DEGREES 20 MINUTES 29 SECONDS WEST 1363.20 FEET; TIlENCE r10RTH 66 DEGREES 18 MINUTES 29 SECONDS WEST 367.60; 'T'HENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 103.37 FEET I4ITII A RADIUS OF 1787.00 FEET A2ID A CENTRAL ANGLE OF 3 DEGREES 18 MINUTES 52 SECONDS TO THE WEST LINE OF THE EAST 1/2 OF SECTION 4; THENCE DEPARTING FROM TiiE INTERSTATE 70 RIGHT OF WAY AND CON'T'INUING ALOr1G 'T'IiE CENTER SECTION LINE SOUTIi Ol DEGREES 23 MIlIUTES O1 SECONDS WEST 211.79 FEET; TiiENCE DEPARTING FROM THE CENTER SEC'T'ION LINE SOUTIi 64 DEGREES 06 MINUTES 54 SECONllS EAST 76.53 FEET; TIIENCE SOUTIi 07 DEGREES 54 MINiJTES 43 SECONDS WES'.1' 1109.48 FEET; 'THENCE ALONG A CURVE TO THE LEF'T' AN ARC LENGTH OF 60.70 FEET WITH A RADIUS OF 1809.86 FEET AND A CENTRAL ANGLE OF 1 DEGREES 55 MINUTES 18 SECONDS TO A POINT ON THE WEST LIlJE OF THE EAST 1/2 OF SECTION 4; THENCE ALONG THE CENTER SECTION LINE SOUTIi O1 .DEGREES 23 MINUTES O1 SECONDS WEST 53.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF T}iE DENVER AND RIO GRANDE WESTERN .RAILROAD RIGHT OF WAY; THENCE DEPARTING FROM THE CENTER SECTION LINE AND CONTINUING ALONG THE NORTHERLY RAILROAD RIGHT OF WAY ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 800.23 FEET WITIr A RADIUS OF 1859.86 FEET AND A CENTRAL ANGLE OF 24 DEGREES 39 MINUTES 08 SECONDS; THENCE IdORTIi 86 DEGREES 37 MINUTES 36 SECONDS EAST 1917.70 FEET; TO A POINT ON 7.'IiE EAST LINE OF SECTION 4; THENCE CONTINUING ALOlIG TIIE SECTION LINE AND THE RAILROAD RIGHT OF WAY NORTH O1 DEGREES 25 MINUTES 43 SECONDS EAST 50.18 FEET TO~TIiE POINT OF BEGINNING. L'XIITBI'T B Miller Parcel Page 2 of 3 EXCEPTING THEREFROM THE "SHANNON TRACT" LOCATED IN THE SOUTiiWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TIi PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGINNING AT A BRASS CAP FROM WHICH THE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 29 MINUTES 05 SECONDS WES'T' • 1041.0') P'T:,I'L'; 'I'11T:NCr SOU'i'[I [19 ULC;I2E1a_; 31 Ma. t1U'1'1:5 7.1 :~ICt~tll)S WEST 59.50 I'LE'1' '1'O A BIZ11S5 CAP; '1'IIElICI lJOIZ'1'II U2 UEGKEES 13 . MINUTES 18 SECONDS EAST 60.02 FEET '1'O A BRASS CAP; THENCE SOUTH 89 DEGREES 42 MINUTES 26 SECONDS WEST' 59.33 FEET 'I'O A BRASS CAP; THENCE SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST' 59.82 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE "CEMETERY" LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO MORE PAR`T'ICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FENCE CORNER FROM WHICH THE SOUTIEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 22 MINUTES 18 SECONDS WEST 915.23 FEET; THENCE ALONG A FENCE LINE NORTH 02 DEGREES 25 MINUTES 52 SECONDS EAST 402.43 FEET TO A FENCE CORNER; TIIElICE SOUTIi 88 DEGREES 08 MINUTES 44 SECONDS EAST 110.78 FEET TO A FENCE CORNER; THENCE SOUTH 02 DEGREES 21 MINUTES 29 SECONDS WEST 399.34-FEET TO A FENCE CORNER; THENCE NOR'T'H 89 DEGREES 43 MINU'PES 58 SECONDS WEST 111.36 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4, TOWNSIIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIA!!, EAGLE COUN'1'Y, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 4 FROM WIiICH THE SOUTH QUARTER CORNER OF SECTION 4 BEARS NORTH 89 DEGREES 39 MINUTES 48 SECONDS WEST 176.00 FEE`T'; THENCE NORTfi Ol DEGREES 23 MINUTES O1 SECONDS EAST 473.04 FEET TO A POINT ON THE SOU'T'H RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD; 7.'IiENCE ALONG THE RAILROAD RIGHT OF WAY ALOlIG A CURVE TO THE LEFT AN ARC LEl7GTIi OF 623.91 FEET WITH A RADIUS OF 1.954.86 FEET AND A CENTRAL ANGLE OF 18 DEGREES 14 MINUTES 23 SECOl7DS; TIiENCE NORTIi 86 DEGREES 37 MINU`T'ES 36 SECONDS EAS'T' 705.28 FEET; THENCE DEPARTIIIG FROM THE RAILROAD RIGIiT OF WAY SOUTH 03 DEGREES 19 MINUTES 24 SECONDS EAST 460.97 FEET TO THE SOUTIi LINE OF SECTION 4; TIiENCE ALONG THE SOUTH LINE OF SECTION 4 ltORTH 89 DEGREES 39 MINUTES 48 SECONDS WEST 1360.38 FEET TO THE POINT OF BEGINNING. PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4, TOWNSiiTP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 4 ON THE SOUTH BANK OF THE EAGLE RIVER FROM WHICH THE SOUTIEAST CORNER OF SECTION 4 BEARS SOUTIi 01 DEGREES 25 MINUTES 43 SECONDS WEST 372.44 FEET; THENCE ALONG THE SOUTIi BANK OF TIIE EAGLE RIVER NORTIi 74 DEGREES 05 MINUTES 00 SECONDS WEST 133.64 FEET; THENCE SOUTIi 86 DEGREES 20 MINUTES 00 SECONDS WEST 119.00 FEET; THENCE SOUTH 64 DEGREES 45 MINUTES 00 SECONDS WEST 321.40 FEET; THENCE EXIJIBIT B Miller Parcel Page 3 of 3 DEPARTING FROM THE SOUTH BANK OF THE EAGLE RIVER NORTH 21 DEGREES 10 MINUTES 24 SECONDS WEST 75.00 FEET; THENCE SOUTIi 74 DEGREES 58 MINUTES 36 SECONDS WEST 159.94 FEET; THENCE NOR'I'li 14 DEGREES 29 MINUTES 24 SECONDS WEST 110.20 FEET; THENCE NORTIi 77 DEGREES 17 MINUTES 36 SECONDS EAST' 149.00 FEET; T1iENCE NORTIi 20 DEGREES 37 MINUTES 24 SECONDS WEST 73.10 FEET TO A POINT ON TIIE SOUTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERiJ RAILROAD; 'T'IJENCE ALONG TIi1; RAILROAD 12:I:GIJ'I' OI' WAY IJOR'1'1I t3G D1G1211:5 37 M:CNU'1'ES 3G SECOIJUS EAS`P 631..72 FLE'I' '1'O A I'U11J'1' OI! '1'liE EAST LINE OF SECTION 4 ; THENCE DEPARTING FROM 'T'liE RAILROAD RIGHT OF WAY AND CONTINUING ALOPIG TIIE EAST LINE OF SECTION 4 SOUTIi O1 DEGREES 25 MINUTES 43 SECONDS WES'T' 165.59 FEET TO '1'HE POINT OF BEGINNING. PARCEL D: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SI:{TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTIiERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD APiD ON TIIE NORTH BANK OF THE EAGLE RIVER FROM W1iICli THE SOUTHWES'T' C012NCR OF SECTION 3 BEARS SOU'I'li 10 DEGREES 23 MINUTES 36 SECONCS WEST 500.52 FEET; T1iEIfCE ALONG THE RAILROAD RIGIiT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 60.63 FEET; THENCE ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 609.73 FEET WITIi A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES 00 SECUNUS; TIJENCE NORTH 74 DEGREES 5U MT1JU'1'ES 3G 5ECOIJUS EI1S'T' 2053.52 FEET 7'O A POINT Ott T11E WEST LINE OF `TIIE SOUTHEAST 1/4 SECTION 3 ; TIiE?JCE ALONG THE CEN'1'ER SECTIOtI LINE NORTH 00 DEGREES 45 MINUTES 59 SECONDS EAST 56.65 FEET; `I'IiENCE DEPARTING FROM THE CENTER SECTION LINE AND CONTINUII`IG ALOidG THE RAILROAD RIGIiT OF WAY NORTIi 74 DEGREES 48 MINUTES 41 SECONDS EAST 235.93 FEET; T1iENCE ALONG A CURVE TO TFiE RIGHT AN ARC LENGT1i OF 444.01 FEET, WITH A RADIUS OF 1382.60 FEET AND A CENTRAL ANGLE OF 18 DEGREES 24 MINUTES 00 SECONDS; THENCE ALONG A CURVE TO TiiE RIGHT AN ARC LENGTH OF 382.47 FEET, WI`T'H A RADIUS OF 5679.70 FEET AND A CENTRAL ANGLE OF 03 DEGREES 51 MINUTES 30 SECO?JUS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 319.35 FEET WITH A RADIUS OF 905.40 FEET AND A CEPITRAL APJGLE OF 20 DEGREES 12 MINUTES 33 SECONDS TO A POINT ON T1iE WEST LIIJE OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3; T1iE1JCE DEPARTING FROM THE RAILROAD RIGHT OF WAY AND CONTINUING ALOtIG THE WEST LIME OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 SOU'T'H 00 DEGREES 27 MINUTES 59 SECONDS WEST 72.00 FEET TO THE NOR'I'Ii BA21K OF THE EAGLE RIVER;' TIiENCE DEPARTING FROM THE WEST LINE OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 AND CONTIiJUI1JG ALONG THE NORTIi BANK OF TIDE EAGLE RIVER NORTH 59 DEGREES 45 MII•JU'I'ES 46 SECONDS WES'T' 193.28 FEE'T'; T1iENCE NORTIi 80 DEGREES 17 MINU'T'ES 43 SECONDS WEST 196.15 FEET; THENCE SOUTH 85 DEGREES 22 MINUTES 49 SECONDS WEST 411.02 FEET; THENCE SOUTIi 68 DEGREES 55 MINUTES 22 SECONDS WEST 254.10 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 32 SECONDS WEST 102.36 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 44 SECONDS WEST 328.27 FEET; THENCE SOUTIi 55 DEGREES 44 MINUTES 10 SECONDS WEST 255.99 FEET; T1iENCE NORTIi 84 DEGREES 59 MINUTES 43 SECOPJDS WEST 432.05 FEET; THENCE SOUTii 75 DEGREES 38 MINUTES 23 SECONDS WEST 444.81 FEET; THEIJCE SOUTH 60 DEGREES 24 MINUTES 08 SECONDS WEST 542.07 FEET; THENCE NORTH 79 DEGREES 56 MINUTES 14 SECOPJDS WEST 417.17 FEET; THENCE SOUTH 86 DEGREES 49 MINUTES 25 SECONDS WEST 242.25 FEET; THENCE SOUTH 71 DEGREES 36 MINU`T'ES 56 SECONDS WEST 232.12 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 32 SECOtJDS WEST 382.04 FEET TO THE POINT OF BEGINNING. ORDINANCE NO. 5 Series of 1990 AN ORDINANCE AMENDING SECTION 18.29.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY ADDING "PRIVATE OFF-STREET SURFACE PARKING" AS A CONDITIONAL USE IN THE ARTERIAL BUSINESS ZONE DISTRICT. WHEREAS, the Town Council is of the belief that private off-street surface parking is an acceptable use, subject to the issuance of a conditional use permit, in the Arterial Business Zone District; and WHEREAS, the Town of Vail Planning and Environmental Commission has recommended that private off-street surface parking be permitted as a conditional use in the Arterial Business Zone District. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Section 18.29.030 (A) is hereby amended. by the addition of "Private Off-Street Surface Parking". Section 2 If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance;:-and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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. Section 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. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 1990. day of Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Y TO: Planning and Environment Commission FROM: Community Development Department DATE: January 22, 1990 SUBJECT: A request to amend Arterial Business Zone District to allow private off-street surface parking as a conditional use. Applicant: Vail Associates, Inc. I. BACKGROUND OF THE REQUEST Vail Associates is requesting an amendment to the Arterial Business District (ABD) to allow for private off-street surface parking as a conditional use. The reason for this request is to ultimately allow the continuation of parking on the Holy Cross Electric site located to the west of Vail Associates maintenance yard. Currently, VA has leased the property to provide parking for employees who occupy the Sunbird Lodge employee housing project and the Timber Ridge units under lease by Vail Associates (approx. 48 units). It would be VA's intention to pursue a conditional use permit to allow the parking on that site if the zoning code amendment is approved. II. EVALUATION OF ZONE CHANGE REQUEST 1. Compliance with the pur ose of the Arterial Business District The purpose section of the Arterial Business District is as follows: The ABD is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on-site tourist amenities and limited shopping and commercial facilities serving the Town and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. ABD is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. The proposed amendment does not conflict with the Purpose section of the Arterial Business District. 2. Suitability of Existing Zoning. The ABD contains a wide variety of permitted, conditional, and accessory uses. These uses range from office to service stations to light industry to retail. Parking is, of course, an accessory use found on_each site within the ABD. Because surface parking lots are prevalent in the ABD and because the conditional use process should assure the necessary site specific controls to ensure compatibility of the specific parking lot proposal, we find that the amendment is within the intent and purpose of the ABD. 3. Is the amendment presenting a convenient, workable relationship within Land Uses consistent with municipal objectives. It is a struggle in Vail to provide adequate parking for all users. Sites which can accommodate surface parking lots without compromising residential areas and that can maintain safe ingress/egress are valuable and support the Town's general development objectives. The ABD is located in an area that is conducive to convenient and functional parking lots. It lies within walking distance of both Lionshead and Cascade Village and has excellent access off of South Frontage Road. We find that with the more specific review through the conditional use permit process, that surface parking lots for private parking may be appropriate in the ABD. 4. Does the amendment provide for the growth of an orderly, viable community. Again, we believe with adequate and specific review of a conditional use request that this use may provide for the growth of an orderly and viable community. Surface parking lots not associated with a specific use are generally sites that are eventually developed. This amendment may allow for a temporary and beneficial use of property in the ABD without compromising its long term availability for the development within the scope of the ABD. III. STAFF RECOMMENDATION The Department of Community Development recommends approval of the proposed amendment to add private off-street surface parking as a conditional use within the ABD. For the reasons stated in this memorandum we find that the use should be a conditional use and each proposal would be subject to the scrutiny of the conditional use permit criteria. RESOLUTION NO. 3 Series of 1990 A RESOLUTION PROCLAIMING THE WEEK OF FEBRUARY 12TH - 19TH SKIER SAFETY AWARENESS WEEK WHEREAS, advances in the skiing industry's technology has allowed more people to enjoy the sport of skiing and has increased the sport's popularity; and WHEREAS, the continued growth in the sport of skiing is based in part upon the individual skier's feeling of safety and comfort while enjoying the skiing experierice; and WHEREAS, the Spring skiing season commences with the President's Birthday Weekend; and WHEREAS, the purpose of the week is to instill within the community an understanding that skier safety is the responsibility'of each skier on the mountain. That skiing safely means being aware of all conditions on the mountain and skiing with consideration for other skiers. The slogan for the program is "Be Aware. Ski with care.", which is reflected on the "I Care" buttons. WHEREAS, the Town Council of the Town of Vail believes that promoting'safe skiing is beneficial to the entire Vail Community. NOW,, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that the Week. of February 12th --~ 19th be designated as Skier Safety Awareness Week. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of February, 1990.' Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RESOLUTION NO. 4 (SERIES OF 1990) A RESOLUTION OF THE TOWN COUNCIL DESIGNATING THE PRESIDENT'S HOLIDAY WEEKEND, FEBRUARY 17, 18, 19, 1990, AS THE 10TH ANNUAL SMOKELESS WEEKEND, AND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, the air pollution in the Gore Valley has been increasing with each winter season; and WHEREAS, it is the opinion of the Town Council that it would be in the public interest to encourage limited use of fireplaces and woodstoves during the President's Holiday Weekend; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; 1. The Town Council hereby designates the President's Holiday Weekend, February 17, 18, 19, 199.0 as the 10th Annual Fireplace Smokeless Weekend; and 2. All residents and visitors of the Town of Vail shall be encouraged to refrain from using their fireplaces or woodstoves during that weekend unless thay are a primary heat source, in order to protect and improve the air quality in the Gore Valley. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TO: Town Council FROM: Community Development Department DATE: February 6, 1990 SUBJ: A request for sign variances for L'Ostello, (formerly Enzian Lodge and Restaurant). Applicant: Lewis Futterman L'Ostello is requesting 3 variances to the sign code. They have proposed 3 signs (two are allowed), 59.5 total square feet of signage (20 sq.ft. is allowed) and a height of 65'- east wall sign and 42'- west wall sign (25' above grade is allowed). The staff recommends denial of the original proposal. The staff feels that a third sign is not necessary and will not solve the identification problem the building experiences. On January 31, 1990, the DRB unanimously recommended approval of the variance with the condition that only one wall sign be allowed on the west elevation, at a height of 65' above grade, and a total sign area of 30.5 sq.ft. {, TO: FROM: DATE: SUBJ: I. c ~ Design Review Board Community Development Department January 25, 1990 A sign variance request for L'Ostello (formerly the Enzian Lodge) Applicant: Lewis Futterman The Request L'Ostello is requesting a sign variance for the total sign area, sign height and number of signs. The sections of the code which relate to the variance request are listed below: 16.20.210 Wall Signs - Single Business Use B. Size, one square foot for each five front lineal feet of the building, with a maximum area of 20 square feet. Combined maximum for more than one sign shall not exceed twenty square feet; C. Height, no part of the sign shall extend above 25 feet from existing grade; D. Number, one sign per vehicular street or major pedestrian way which the business abuts, with a maximum of 2 per business, as determined by the administrator subject to review by the design review board; H. Special provisions shall be as follows: 1. One free standing sign or projecting sign per street or major pedestrian way permitted in place of one wall sign. L'Ostello, as a single business, is allowed up to 2 signs with a maximum combined square footage of 20 square feet. The height allowable is up to 25 feet above existing grade. The development's existing signage consists of: --One 11.5 square foot freestanding sign at the entry* *Approval for this sign was given on December 7, 1989 by the Design Review Board. The proposal includes: --One new wall sign on the east elevation of 19 square feet at a height of 65 feet. --One new wall sign on the west elevation of 19 square feet at a height of 42 feet. Overall, the applicant is requesting one additional sign above what is allowed and an increase in total sign area size by 29.5 square feet over the allowable square footage and an increase in sign height by 40 feet on the east wall and 17 feet on the west wall. (Please see attached drawings for descriptions and specific locations of the signage as well as the applicant's rational for the variance.) II. FINDINGS AND STAFF RECOMMENDATIONS Before the Board acts on a variance application the applicant must prove Qhysical hardship and the Board must find that, A. There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right-of-way which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apples Generally to all businesses or enterprises. Staff Response• Staff believes that L'Ostello does have a physical hardship .because of identification problems due to the location of the project and the fact that the entire project is allowed 2 signs having a combined area of 20 square feet. L'Ostello is located behind the Vail Glo Lodge and is not easily visible from the main entry at West Lionshead Circle. In addition, the entry is somewhat hard to find because of its proximity to the Vail Glo access and landscaping that blocks the view of the entry The large size of the building along with the building's location make the 20 sq.ft. size limit unnecessarily restrictive. Similar large hotel projects have also received sign variances due to the special circumstances related to their projects. Marriott Mark Resort: 1 additional sign; additional 22 sq.ft; Doubletree Hotel: 1 additional sign; additional 20 sq.ft; 65 feet above grade Vantage Point: no additional signs; additional 8 sq.ft; 32.5 feet above grade Landmark Condominiums: 1 additional sign; additional 4 sq.ft.; no additional height requested The staff feels that L'Ostello has similar conditions that warrant some increase in the combined square footage and an increase in the height of the requested signage. We support the request to locate one sign on the west elevation having a height of 42 feet. In order to allow for visibility of the sign from the west, a height increase is necessary because of the Vail spa Tennis Court fence. The staff believes that this entry sign could be redesigned and enlarged in order to improve business identification for pedestrians and vehicles entering the project from West Lionshead Circle. The staff does not, however, feel that L'Ostello should be allowed to place a sign on the east elevation at a height of 65 feet above grade. This sign's exposure from both I-70 and the S. Frontage Road is obstructed by the adjacent buildings and therefore would not serve its intended purpose. The existing sign at the entryway (11.5 sq.ft.) is adequate to address traffic from the east. It is .inappropriate to have two signs on the same side of the project. We acknowledge that the entry sign cannot be seen from the Frontage Rd. However, the purpose of the sign is not to identify the business from all possible vantage points. Many of the large projects, within Lionshead, are not identified from the Frontage Road. There are no special circumstances or conditions that are unique to the project that do not apply generally in this area. B. That special circumstances were not created by the applicant or anyone in privy to the applicant. Staff Response° Special circumstances were not created by the applicant. C. That the granting of the variance will be in general harmony with the purpose of this title and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general. Staff Response• Staff feels that the proposed signage on the west elevation and entry are in harmony with the purposes of the sign code which state that the "sign location, configuration, design, materials and colors should be harmonious with the majestic mountain setting and the alpine Village scale of the town, (Section 16.16.010 of the Town of Vail Municipal Code). The proposed wall signs will be painted on the elevations in red and black and lit from below with existing lighting (see attached). The scale of the west elevation sign is appropriate while we feel the entry sign could be improved to better identify the entry. However, we feel that an east elevation sign would be excessive and is not necessary. D. The variance applied does not depart from the provisions of this title any more than is required to identify the applicant's business or use. Staff Response: The applicant is requesting an additional 29.5 square feet of sign area beyond the allowable 20 square feet. Staff feels that one wall sign at 42 feet in height with 19 square feet of sign area, on the west elevation and an improvement to the existing 11.5 square foot entry sign would best fulfill the signage need and will adequately identify the building from both the east and west access points. We feel that an additional sign located on the east elevation is not needed due to a lack of visibility from I-70 and the Frontage Road. Drivers heading west on the South Frontage Road will see the requested east sign for only a moment as the sign is blocked by the Vail Glo building from most vantage points and would therefore not serve its intended purpose. III. STAFF RECOMMENDATION The staff supports the height and square footage variance which will allow an improved street entry sign and a wall sign on the west elevation of 19 square feet, at a height of 42 feet above grade. The square footage does not depart drastically from the allowed signage and appears adequate due to the size of the project. However, the staff does not support a variance for the number of signs which would allow a wall sign on the east elevation. This would subsequently increase the total square footage to 49.5 square feet and require a sign height of 65 c ~ feet above grade for the east sign.We feel that the property could be adequately identified by one wall sign and an improved entry sign. A small sign on the north entry to the building adjacent to the parking lot may also be appropriate. The staff would further support a directional sign placed just past the street entry sign which would clarify the L'Ostello parking, lodge, restaurant and Enzian Condominiums served by this entry. We feel that this would better serve the identification problems that this projects presently incurs. In reviewing variance requests of this nature, staff has tried to maintain continuity in our decision making and recommendations to the Design Review Board and Town Council. In the long term, the sign code will be reviewed and possibly adjusted during the proposed 1990 zoning code rewrite so that it will be in tune with the needs of these types of developments. . II. A. " The Owner requests this variance under Chapter 16.36 in order 'to lessen a physical hardship based on the 'location of the property next to the frontage road and the entrance at West•Lionshead Circle. This situation makes it difficult to locate for those • unfamiliar with the building. The existing sign at the entry, off West Lionshead Circle is also hard to see unless you are practically past the entry. The Owner requests a temporary variance for this season through next April, at which time there will be improvements made to the outside of .the building, as well as the top level. At that time, the sign situation would be reevaluated, and another application submitted. The regulations that are involved in this variance are: • '16. 22. 155. All signs single business use. ' Paragraph B. The combined maximum area for more than one sign shall not exceed 20 square feet. Paragraph C. Height: No part of this sign shall extend above 25 feet from existing grade of .the building. Paragraph D. Number, one sign. -The locations chosen for the sign on the wall are 'in the same locations where the previous signs for the Enzian were located, because of existing electrical for indirect lighting to wash the sign. The sign is planned to be painted on the wall with a logo which is enclosed with the application, colors as :indicated. ` ~~o~~y ~c ~~~~ I ,: ~ ; ~ ~~ ~~ i ~~ ~ i~~ w~ ~ :. .~. PAMTOHE`' 191C 1-,~.e u ItmC -~~1+ ii0'~O _. -~e~e+. PecR . 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L r. ~ _ Cs ~--~ ,r,: ~.- ., "Lloice of the Western Slope, since 1953" A coalition of counties, communities, businesses & individuals 303 / 242-3264 ~ FAX 303 / 245-8300 634 Main Street, Suite #6 * P.O. Box 550 Grand Junction, Colorado 81502-0550 January 26, 1990 RECD JAN 3 0 1990 Vail City Council 75 S. Frontage Road West Vail, CO 81657 Dear Friends: I am writing to let you know the system we're trying to follow for the appointment of members of our Board of Directors from your county. Although many of our member counties have evolved their own system for handling this appointment, it would be good for us all if we could get back to a more regular and understandable system. Here's how it is supposed to work for your county. There should be a caucus among the county, town governments and chambers before our annual meeting February 9. According to the by-laws of CLUB 20, filed with our papers of incorporation in 1955 as amended in 1986, this caucus should take place at the previous Fall Meeting in September. If your county did that last September and agreed upon a voting delegate and alternate, those selections should be formally approved by the full Board at this upcoming February meeting (our official meeting). If that caucus has not previously taken place, it can be done any time before this upcoming meeting, or even the day of the meeting itself.. You may recall that the Board took no action on appointments or officers last September, but it will,do so February 9. Directors thus chosen serve a two-year term, beginning at this meeting. Half of our counties directors' will be approved in this manner, the other half next year, according to the by-laws. The Board may not disapprove the selection agreed upon by the counties, except for cause (which we do not believe has ever happened). However, you should make every effort to see that the choice is acceptable to the county, city and chamber:. Of course, the by-laws do require any person elected to the Board be a member of the organization, though that can be arranged at this February meeting. Nominations page 2 In addition to these county directors, our Executive Committee will be elected at this meeting; the new Chairman-elect, Chairman of the Board, Secretary, Treasurer, three regional Vice Chairmen. The outgoing chairman will remain on the Executive Committee one more year. So good representation from your county is very important at this particular meeting. A copy of the agenda and registration forms are enclosed in the newletter. We hope to see you there, and please give me a call at 242-3264 if any of this is unclear. Many thanks for your consideration. . S' ncerely, Gr E. Walcher President' GEW/al /' _ ` ... , CLUB 20 37th A.VN'UaL ;tEETINC - RE~•~ ~~1N 3 ~ 1990 • ' February 9-10, 1990. ;. Grand Junction, Colorado Friday, Fe bruary 9 _ 1:30 pm CLUB 20 Board Meeting - ~_ ` CLUB 20 Offices - 634 Main Street,-Lower Courtyard .Saturday, February 10 - Grand Junction Holiday Inn ,. , _ ,: 8:00 am Registration -_ 8:45 Welcome _ 9:00 Donald W. Maness -Reauthorization of the federal highway program poses threats and opportunities for the West, and -the Regional Director of the Highway Users Federation will give us the complete picture 9:30 SESSION I Our Western Slope State Colleges • Dr. William Hamilton, President of .Western State College Dr. Ray Kieft, President of Mesa State College 10:15 SESSION II - 1990 Congressional Re-apportionment A discussion on upcoming plans to redraw Colorado's"congressional .district lines, with an eye on previous cycles and their _ effects on Western Slope congressional representation. Former Congressman Ray Kogovsek, on the 1980 process ..Former Governor John D. Vanderhoof on the 1970 process .. Moderator -Congressman Ben Nighthorse Campbell, with his own "' comments on the importance of 3rd District. unity. ~ -. 11:00 SESSION III -Update on Rural Telecommunications Services -- Mr. Jim Smith, Colorado Vice President and CEO of USWest will ~- fill us in on PUG-approved plans for upgrading rural service equipment, and related issues. ;11:45 .. Break 12:00 Luncheon - Featured Speaker is noted writer and historian Dr. Andrew Culliford, who will talk about his latest book, ._ ` Boomtown Blues: Colorado Oil Shale. 1885-1985, and discuss ways we might avoid the boom-bust cycles of the past.. 1:30 pm SESSION IV - ManaRinq Our Public Lands *tr. Bob ;toore,-newly appointed State Director of the Bureau of Land Management, will talk about priorities of the Western Slope . ` `as they impact the West Slope, and on his plans for BL~t's future. 2:00 SESSION V - Our Precious National Monuments Separate break-out sessions will update interested attendees on pending plans for changes in management designations, and will include representatives of the BLM and National Park Service. ,_ A. Colorado National Monument - Speakers include Monument • Superintendent Jimmy Taylor, and BLM Area Manager John Singlaub B. Black Canyon of the Gunnison National Monument -..Speakers include Monument Superintendent John Welch and BLM Area Manager Allan Belt ;;, "•'~~• C. Dinosaur. National Monument --The National Pazk Service will speak about plans to change the monument to a National Park. 2:45 SESSION VI - The Political Landscape Mr. Bill McInturff, Senior Research Associate with the Wirthlin Group (one of America's largest political polling firms) will ..speak about the latest trends in American public opinion, how we feel about the major issues of the day, and how .that bodes for political candidates.- 3:15 SESSION VII - The Press Perspective A panel of Western Slope newspaper publishers, from different -sized papers and different backgrounds, will tell what they see ,,as the largest issues facing the Slope for the 1990's and how they think we should._deal with them. `, ` A. B. C D. E. 4:15 So Mr. George Orbanek - The Grand Junction Daily Sentinel Mr. Rob Krecklow - The Glenwood Post. , Mr. Ed Marston - The High Country News, Paonia Mr. `Roy Robinson - The Eagle Valley Enterprise Mr. Grant Houston -The Lake City Silver World cial Hour.- Coctail Reception in the Holidome OLORAD~ ~ Vol. 5 No. 1 A PUBLICATION OF CLUB 20 January/February 1990 Club 20 37th Annual Meeting February 9-10, 1990 Grand Junction, Colorado Friday, February 9 2:00 SESSION V -Our Precious National Monuments 1:30 pm CLUB 20 Board Meeting -CLUB 20 Offices Separate break-out sessions will update interested attendees on 634 Main Street, Lower Courtyard pending plans for changes in management designations, and will Saturday, February 10 include representatives of the BLM and National Park Service. Grand Junc tion Holiday Inn A. Colorado National Monument -Speakers include Monument 8:00 am Registration Superintendent Jimmy Taybr and BLM Area Manager John Singlaub 8:45 Welcome B. Black Canyon of the Gunnison National Monument -Speakers 9:00 Donald W. Maness -Reauthorization of the federal highway include Monument Superintendent John Welch and BLM Area program poses threats and opportunities for the West, and the Manager Allan Belt Regional Director of the Highway Users Federation will give us the complete picture. C. Dinosaur National Monument -The National Park Service will speak about plans to change the Monument to a National Park. 9:30 SESION I -Our Western Slope State Colleges Dr. William Hamilton, President of Western State College 2:45 SESSION VI -The Political Landscape Dr. Ray Kieft, President of Mesa State College Mr. Bill Mclnturff, Senior Research Associate with the Wirthlin ' s largest political polling firms), will speak Group (one of America 10:15 SESSION II - 1990 Congressional Re-apportionment about the latest trends in American public opinion, how we feel A discussion on upcoming plans to redraw Colorado's about the major issues of the day, and how that bodes for political congressional district lines, with an eye on previous cycles and candidates of both parties. their effects on Western Slope congressional representation. 3:15 SESSION VII -The Press Perspective Former Congressman Ray Kogovsek, on the 1980 process Former Governor John D. Vanderhoof, on the 1970 process A panel of Westernn Slope newspaper publishers, from different Moderator -Congressman Ben Nighthorse Campbell, with his sized papers and different backgrounds, will tell what they see ' own comments on the importance of 3d District Unity, s and how they as the largest issues facing the Slope for the 1990 think we should deal with them. 11;00 SESSION III -Update on Rural Telecommunications Services A. Mr. George Orbanek -The Grand Junction Daily Sentinel Mr. Jim Smith, Colorado Vice President and CEO of U S West B. Nlr. Rob Krecklow -The Glenwood Post will fill us in on PUC-approved plans for upgrading rural service C. Mr. Ed Marston -The High Country News, Paonia equipment, and related issues. D. Mr. Roy Robinsoh -The Eagle Valley Enterprise 11:45 Break E. Mr. Grant Houston -The Lake City Silver World 12:00 Luncheon -Featured Speaker is noted writer and historian Dr. 4:15 Social Hour -Cocktail Reception in the Holidome Andrew Gulliford, who will talk about his latest book, Boomtown Blues: Cobrado Oil Shale, 1885-1985, and discuss ways we might avoid the boom-bust cycles of the past. REGISTRATION 1:30 pm SESSION IV -Managing Our Public Lands Advance Registration: $30lperson or $50/couple Mr. Bob Moore, newly appointed State Director of the Bureau At the Door Registration: $35/person or $60/couple of Land Management, will talk about priorities of the BLM as they Luncheon Only: $15/person impact the West Slope, and on his plans for BLM's future. Meetings Only: $15lperson Name ~ SpouselGuest: I ~ Company Name: Mailing Address: I City/StatelZip: I REGISTRATION FORM I 1990 CLUB 20 ANNUAL MEETING I I advance registration @ $30/person _ advance registration @ $50/couple I luncheon only reservation @ $15lperson I meetings only reservation @ $151person TOTAL ENCLOSED I AT-THE-DOOR REGISTRATION WILL BE $35/PERSON OR $60/COUPLE I I Mail reservations with checks payable to: Club 20, P.O. Box 550, Grand Junction, CO 81502. I For additional information call 242-3264. I Cancellations received before February 5 are subject to a $10.00 administration fee. I --- After that date no refunds wilt begiven~--- I---------------- ---------------J TOPIC 8;1 BANNER POLES IN THE VILLAGE AND LIONSHEAD (request: Slevin) 8/1 STREET ENTERTAINMENT 8/8 UTILITIES UNDERGROUNDING FOR A~ITERIAL BUSINESS DISTRICT E~;'e WEST INTERMOUNTAIN ANNEXATION (request: Lapin) 8/15 VVCWD/TOV LAND CONTRACT 8/15 NO SMOKING ORDINANCE 9/5 CALL UP PROCEDURE FOR PEC AND DF,E'~ DECISIONS (request: Steinberg) 11/14 SALES TAX FOR FUND RAISING EVENTS FOR NON-PROFIT ENTITIES 12/5 COUNCIL COMPENSATION 12/5 LOCALIZED TOWN MEETINGS (~°eq~,est: Gibson ) WORK SESSION FOLLOW-UP TIONS 2/2/90 Page 1 FOLLOW-UP SOLUTIONS KRISTAN/STAN: Arrange location and placement of permanent banner poles in Lionshead. PAM: No more rock 'n roll. Perhaps no more jazz? KRISTAN: Provide costs to individuals to convert to underground. Provide firm number for TOV's portion by budget time. Inventory all above- graur~~l v~~ring. LARRY: Proceeding w/legal requirements for annexation. RON: Contract in final stages of negotiation. LARRY/SUSAN: Organize study group to examine voluntary options. LARRY/KRISTAN: Work out warding to disallow the call up procedure for PEC and DRB decisions to be allowed without consensus. STEVE/DANI: Bring back to Council for more discussion. LARRY/RON: Explore possibilities for raising compensation of Councilmembers. RON: Time is opportune to call neighborhood, local- ized, limited agenda public meetings. Orchestrate same. Ampersand has photo study for banner poles completed. Meeting with consultant held Jan. 11. Stan will present dr;;~r '€o Lionshead Merchants Association. Review meeting held September 20. Business survey mailed 12/19/89. Report on results expected February 1.3. Received letter from New Electric detailing costs i~or each property. Community Development will write letl;ers to property owners for their response. Council wi11 discuss Feb. 13. AMOCO has agreed to participate in writing. Petitions are being circulated soon,. Larry and Jim Collins are working on contract. Kent Rase ;~,et with VVCWD Board on Dec. 21 and final contract is being drafted. Ordinance to be submitted to Council for review Feb. 13. Resolution is being developed. Larry and Kristan ~vill present to Council on Feb. 6. Will be discussed Feb. 13. Report to Council by early Feb. Charlie has put together an analysis of other Council compensation, whicft will be p~~~~es~=nt:~d to Council Feb. 20. To be discussed by Council at goal setting session on Jan. 30. West Vail breakfast meeting scheduled for Feb. 7. 12/5 TIME PARAMETERS FOR COUNCIL l LARRY/RON: Define time procedure for conduct of Peggy Osterfoss will present information from CML Seminar to "~EETIiJGS (request: Rase) I meetings. Council on Feb. 13. WORK SESSION FOLLOW-UP TOPIC UESTIONS 12%12 SKIER SAFETY ACT (request: BUCK/LARRY/KEN: Contact Brian McCartney regarding Rose) implementing the SAA within TOV limits (outside of Forest Service areas) to enable violations to be handled in Municipal Court. 12/19 2:00 A.M. BUSES STAN: If staff levels return to normal, attempt to ;schedule busing to allow alternative forms of transportation for late night workers. 1/16 SURUEY/ENGINEERING/DRAFTING STAFF RON/STEVE B./STAN/GREG: Meet with Council BUDGET ITEM committee, Rob and Kent, to compare consultants v. full time employees. 2/2/90 Page 2 -UP SOLUTIONS Ordinance to be submitted to Council for review Feb. 6. Will shoot for implementing on President's Weekend. Presentation to Council on Feb. 13. Meeting held Monday, Jan. 22, with Kent and Rob. Staff is preparing additional info for Council by Feb. 1;3. MINUTES REGULAR MEETING VAIL METROPOLITAN RECREATION DISTRICT DECEMBER 20, 1989 MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: CALL TO.ORDER: FINANCIAL REPORT: FORD PARK TENNIS LEASE PURCHASE AGMT: Tim Garton, Merv Lapin, Ken Wilson Gail Molloy, George Knox Pat Dodson, Brian Jones The meeting was called to order at 3:10 Jones asked the Board if there were any questions? Wilson asked why driving range dollars were received in December. Jones stated these dollars should come in July, August, September and October, but Satterstrom did not pay his final payment until December. The Board wants to review the 1989/1990 ice show expenditures and revenues in January, 1990 to make plans for the 1990/1991 season. Jones stated that the primary problem in the lease purchase agreement is that the TOV, as the land owner, would not give the lender the right to control the land. The lender agreed to write in -a clause- _ providing that should VMRD default,. ~-the'TOV coulfl pay ~` off the lease and retain° eohtrol`. = =-Junes`- went - to 'the- _ - Town Council to apprise them of this situation regarding the land lease agreement. The Town Council declined to sign the agreement because of financing questions and ownership of the building issues and wanted to consider the TOV lending funds to VMRD. Dodson and Jones are reviewing the possibility of funding it entirely through VMRD. If the VMRD Board members want the District to own the tennis building, they need to obtain a long term land lease from the TOV. If no land lease is obtained, then the TOV will own the building after the termination of the three year lease purchase agreement. Dodson and Jones will continue to work on obtaining the land lease from the TOV and will pursue alternative options (see attached alternative tennis project financing). It is possible that VMRD will only need to borrow money for a short period of time - 2 to 3 months, should the District totally fund the project . Dodson will pursue obtaining ground leases with the TOV for the proposed aquatic center and the proposed 9 hole, par 3 golf course. Jim Collins suggested to go before the council and outline the intentions of the ground leases to make negotiations easier. Garton wants Dodson to schedule a TOV / VMRD sub committee meeting in January, 1990. PENSION/TRUST AGREEMENT AND 2 RESOLUTIONS: Dodson explained these documents formally adopt the VMRD Pension/Trust Agreement which is the same as the TOVs'. Lapin made a motion to approve Resolution 89-2 and Resolution 89-3, second by Wilson, passed unanimously. HEALTH DENTAL INSURANCE PROPOSAL: Jones stated he has worked with Steve Barta, VMRD's insurance broker. They put out VMRD's insurance package to 15-18 companies for bid. Many companies indicated they do not write insurance for municipalities due to the history of municipalities going out to bid every year for insurance. However they did receive responses from 7 or 8 companies (see attached summaries). Jones recommends HSI because they have the same coverage and in some instances better coverage than Lincoln National. HSI will save VMRD $12,000 over the 1989 health insurance actual-expenditures and-$30-,000 ~~ in the 19 9 0 budgeted hea lJt~ -expenditures . _ ~ ~ _ - ~ - Lapin feels his St. Farm policy is a better value. Jones stated he tried to check into the St. Farm policy. He feels Lapin's policy is totally different from what VMRD is looking for and probably inappropriate for the District's employees. Jones would need an actual copy of Lapin's policy to make a complete evaluation. Lapin will make arrangements to get a policy to Jones. Garton stated HSI looks good and wants Jones to compare this policy with Lapin's and put the employee health insurance benefit on the agenda for next meeting. SYMPHONY OF SPORTS: Rick Chastain joins the meeting 4:10 PM. (See attached proposed budget) . He and Dodson met with the Town Council which was not a positive experience. The Town Council declined to offer dollars to this years Symphony of Sports. The Town Council indicated they felt their giving dollars last year was a one time event and felt the marketing value received was not of great value. Chastain stated he reviewed the Town Council meeting tapes of last year and it was never stated Symphony of Sports was a one time deal and don't come back in the future for dollars. Lapin stated Holly Turner is committed to doing the show with ABC in Vail, Colorado. Garton indicate VMRD was willing to offer the Dobson Ice Arena and 1/2 the gate with the TOV putting up $15,000. He is disappointed in the TOV and the marketing board's decision not to offer support to SOS. He suggests VMRD now take 1/2 the gate against VMRD's expenses and Holly can get the. $25,000 for lodging from the TOV, sponsors or from the other 1/2 of the gate receipts. Dodson stated lodging will be approximately $27,000. If this commitment goes away, VMRD is then liable only for the $30,000 against 1/2 the gate receipt or if lodging is reduced, Holly needs only offset the remaining lodging. Garton wants to shift the public ice skating sessions, that Symphony of Sports will displace, to the outdoor ice rink at the Golf Course, weather permitting. VMRD Board wants no more than a $30, 000 exposure which should be offset by 1/2 of the gate receipts. ____ Garton is a strong supporter ~f_the Symphony,of Sports: event and woulcL_like it to happen-_n-:1-990.=_ -:_ __ . ARENA REPORT: Tom Salasky joins the meeting. He stated there will be 4 shows of Scott Hamilton. The first show is sold out to Vail Associates. The ticket sales are happening and the housing requirements have been taken care of. -The HBO show is being produced by IMG (International Management Group) and will be filmed on January 5 & 6, 1990. It will be a winter Olympic type show staring Scott Hamilton, Katerina Witt, Dorothy Hamill and a mixture of other skaters. HBO will handle the production costs and VMRD is responsible to market the live gate. HBO gets the first $11,500 of the gate and VMRD gets the next $11,500. Tickets are $25 and $15. The Board wants to review all these shows in January to make plans for the 1990/91 season. NEW YEARS EVE PARTY: Joanne Mattio joins the meeting at 4:40 PM. To date $8, 380 has been donated for the teen new years eve party. Mile Hi Cable will do a documentary of this event and will be show it in the Denver area. She has received $2,000 in merchandise. Flyers for the event will be put in every hotel room in Vail. They have received 708 free radio spots and the Vail Trail has given a 1 page ad. AQUATIC CENTER ADMISSION FEES: Allan Vandeford joins the meeting at 4:45 PM. Vandeford asked if the idea of offering free admission to the Aquatic Center for all tax payers for the first 3 to 5 years would be considered? The Board declined this idea, as they must stay consistent with all other programs, i.e. charging fees for all activities to all participants. See attached proposed fee schedule. The board feels a starting point for the fees at the pool would be $75 student, $125 adult and $150 family. GOLF COURSE ICE SKATING RINK: Dodson reported that from December 6 to 14, 1989 the rink has taken in $782.65 (see attached sheet). The Board would like to try and market private nights to hotels and advertise the outdoor rink more. BOOTH CREEK 9 HOLE GOLF COURSE: Dodson explained the next step with this process is to obtain a TOV land lease to this property. Covenants and zoning will need to be checked to see if a golf course is allowed. APPROVAL OF PO'S: Lapin made a motion to approved the purchase orders, second by Wilson, passed unanimously. RECREATION ID SYSTEM: Dodson handed out the proposed Recreation ID System for the board to read between now and the next meeting. This will be put on the 1/10/90 agenda (see attached). ADJOURNMENT: Meeting adjourned at 5:15 PM Gail Molloy, Secretary MINUTES REGULAR MEETING VAIL METROPOLITAN RECREATION DISTRICT JANUARY 10, 1990 MEMBERS PRESENT: Tim Garton, Merv Lapin, Ken Wilson, Gail Molloy, George Knox OTHERS PRESENT: Pat Dodson, Brian Jones, Jim Collins CALL TO ORDER: The meeting was called to order at 3:20 PM APPROVAL OF MIN: Lapin requested the following changes: a) add the word "adjacent" on his disclosure that he owned land "adjacent" to the Eagle County airport, next to the proposed golf course project; b) remove the percent sign from the mill levy; c) attach the x-county amendment to the minutes. Lapin made a motion to approve the minutes with the above noted changes, second by Knox, passed unanimously. FORD PARK LEASE PURCHASE AGREEMENT: Ted Akers and Brian Jones join the meeting. Three documents were before the board to be signed. A) Ground lease between VMRD, TOV and Gelco; B) Municipal Lease and Option Agreement between VMRD and Gelco and C) Escrow Agreement between VMRD, escrow agents (name unknown at this time)- and- Gelco. (See- attached documents) . _ _ _ __ _ _ _ _ Ted Akers explained -the __rate- i;$_-: locke€}==:in --at 8.13.: --- Any prepayment of the lease will include a prepayment penalty which is based on a declining percentage of par to the end of the term. Jim Collins stated this three year lease is the only way for VMRD to obtain a tax-exempt loan legally and he recommends the board sign the documents. Lapin made a motion to approve the Municipal Lease and Option Agreement for the Ford Park tennis building and courts, the Ground Lease, the escrow agreement and all related documents, second by Knox, passed unanimously. Jim Collins and Ted Akers leave the meeting EMPLOYEE HEALTH INSURANCE: Steve Barta of Culver and Company joins the meeting at 3:30 PM. Barta said he had reviewed Lapin's personal insurance policy with St. Farm and this policy would not meet the requirements or needs of VMRD. VMRD has been with Lincoln National for 14 years. After VMRD broke off from the TOV this changed the parameters of their policy with Lincoln National. VMRD was placed in a small group category. The rate increase quoted by Lincoln National went from approximately $7,200/ month in 1989 to approximately $8,600/mo for 1990. Jones and Barta received bids from 12 carriers (see attached analysis). Barta recommends VMRD adopt the HSI policy with $100 medical and $50 dental deductible. Jones said the goal in the selection process was to stay within the current deductible of Lincoln if enough savings would be realized on the premiums. HSI meets this goal. Jones called four different companies for references on HSI and received outstanding reports. Barta explained HSI has been a Colorado company for the past 50 years located in the Ft. Collins and Greeley area. They have recently expanded throughout Colorado. The HSI rates will be locked in for one year - some companies will only lock in rates for 6 months. The trend is 15-20% increase per year, but HSI has done better on their past rate increases because they have been a regional company and have managed to control costs reasonably well. Now that they have expanded within Colorado to service a statewide customer basis, Barta is not sure of the future increases... -~- - -- Lapin asked if HSI is Best rated. Barta replied they are comparable to a Kaiser or Blue Cross, and that they similarly do not meet the criteria rendering them eligible for rating. Lapin made a motion to accept the HSI health, dental and mutual benefit bid with a deductible of $100 for health and $50 for dental, second by Molloy, passed unanimously. Steve Barta leaves the meeting. AQUATIC CENTER UPDATE: Allan Vandeford joins the meeting. Vandeford stated he is now in phase II i.e. disseminating educational information on the pool, letters to the editors, voter registration and election date information, etc. The register to vote campaign has been successful. He .anticipates that by Friday 1/12/89, the last day to register and be eligible to vote, 200 new people will have exercised their right to register to vote. Because the election date was moved from 1989 to early 1990, no aquatic center dollars have been provided for in the 1990 budget. Vandeford recommended a number of expenditures to the Board so he may complete the marketing process through the election of the aquatic center. See attached budget. Dodson asked for clear direction on what the Board feels obligated to spend on the election to inform the public. The Board approved the following from the proposed Vandeford budget: -Salary for marketing manager and assistant secretary -K-Cite voter registration spots -Vail Daily Vote ad - 2 days prior to election -Voter Registration Mailer -Vail Trail Vote - Friday prior to election -Ten pertinent questions mailing The items not approved on this budget should be done by a citizen group. Vandeford handed. out a flyer "Vote for Eagle County" (see attached). The handout shows how the original document read and how the printer type set the document incorrectly. The Board instructed Vandeford to correct this error via a letter to the editor. The Board wants to review all written and radio advertisements prior to going out. The Board wants staff and Vandeford to give facts on the pool. A11 political campaigns- should_._be--.left up to the citizenry. - - -- - - - ----- Nancy Rondeau has written a letter stating her concerns pertaining to air quality of indoor aquatic centers. The Board instructed Vandeford to answer this concern via a letter to the editor should Rondeau have her letter published in the editorial section of the papers. Rondeau should also be personally invited to the next public meeting on the aquatic center so her concerns can further be addressed. The Board will discuss the establishment of an Eagle County pass fee for the Aquatic Center in the very near future. Vandeford leaves the meeting at 5 PM. SECOND ICE SURFACE: Peter Jamar joins the meeting at 5 PM. Peter handed out to the Board his Site Suitability Analysis for a Second Ice Surface. (See attached). Jamar said this study recommends the Gold Peak site as a solution for a 5 to 10 year term. VMRD should continue to work with VA on this site as they are being very cooperative. The Board should continue talking to the TOV regarding a long term solution (10 years plus) - possibly the east end of the LionsHead parking structure. Wilson wants to know what the Golden Peak neighborhood's opinion would be on the site. Jamar said under current zoning a rink with lights can be constructed, just no cover. The zoning is recreational. Garton wants the Board to read the entire Jamar study and this item will be put on next meeting. Peter Jamar leaves the meeting. NEW YEAR'S EVE YOUTH PARTY: Joanne Mattio joins the meeting. See attached Event Budget which Joanne handed out. Joanne stated the event received excellent community donation response. The attendance was 550 in 1989, as opposed to 650 kids in 1988. Joanne contacted VRA and they indicated bookings were also down on this night. Joanne stated the goal of the project was to keep kids off bridge street. The only way she feels to achieve the New Years Eve goal, is to offer a major event - i.e. big name concert such as U2. The event for the kids in attendance (median age of 14) was successful and very nice, but the target is to get kids off bridge street and this was not._totall.y accomplished.- .It could-be-;-_ accomplished if more dollars were_ayailable for a big concert. The Board does not want to sponsor this event again and asked Dodson to inform all the necessary people of this decision. Mattio leaves the meeting. SYMPHONY OF SPORTS: Rick Chastain joins the meeting 5:20 PM. Rick handed out the proposed contract with SOS (see attached). Lapin wanted to know the final date the contract must be signed before the event is cancelled. Salasky said he needs 1 month notice. This puts the final date to sign the contract or cancel the event at February 10, 1990. Dodson should contact Symphony of Sports and inform Holly of this deadline date. Garton wants to stress to Holly to market Vail during the event. Dodson stated he and Holly are getting help from John Garnsey at the Foundation on how they marketed Vail during the 1989 World Championship. Dodson said one Town Council member had asked that SOS come back to the Council and ask again for dollars. This meeting has been scheduled for January 16, 1990. The Board indicated they like the terms of the proposed contract and staff should proceed ahead. GOLF COURSE ICE RINK REPORT: Barb Masoner joins the meeting. See attached financial report which Masoner handed out. To date the rink is showing a net deficit of $1,097.39. Dodson stated the rink was very popular over the holidays and some locals have commented that $4 is too high an admission price. Wilson wants to extend the $25 season pass offer. He commended Ben's crew on the fine job they are doing in maintaining the rink. Axel is doing a great business at the clubhouse. On numerous occasions he has almost rented out his entire inventory. Wilson wants Axel to tighten up control on collecting fees and checking pass holders at the rink. Krueger stated the rink should last until mid February, then it will depend on the weather as to how long the rink will last. ICE SHOW REPORT: Tom Salasky joins the meeting at 5:50 PM. Over the Christmas holiday there was three shows at the arena. Nut Cracker on Ice, produced by Skating Club of Vail, Scott Hamilton Christmas show produced by IMG and HBO - special produced by IMG. _ _: ___._ Nut Cracker: Show dates, December 22, 23, 24, 1989. Total revenue was $10,190.50 ($9,730 plus comps). This was a j oint venture with the Skating Club of Vail and VMRD. VMRD provided the arena and personnel and SCV provided the production and marketing. Salasky does not have all the expenses from SCV, but it looks like VMRD will not make any money on the shows. Poor attendance was a factor. 400 was the largest attendance at one show. Concessions took in $1,000. Scott Hamilton Christmas show: Show dates, December 27, 28, 29 with 4 shows. Three shows sold out. Gross revenue was $60,000, estimated expenses $53,500. The average number of comps per show was 75. Salasky is researching why this occurred. He believes most of these comps went to IMG. The concession grossed 2,400. HBO Show: Two shows, Friday night attendance was 600- 700 and Saturday night attendance was 750 people. Gross revenue projected is $21,000. IMG gets the first $11,500 per show. Friday night grossed $10,500 and Saturday grossed $10,654. IMG at the time of the contract negotiation stated the cast would include Katerina Witt and Dorothy Hamil. This did not occur. The show was a repeat of the Scott Hamilton show. Lapin stated he would like the ice arena sub committee to review all the contracts and make some recommendations to the Board. Dodson suggested that the contracts come before the Board. and not the sub committee. Lapin made a motion that all Dobson contracts come - before the Board for signature/approval, second by Wilson, passed unanimously. 1990 RECREATION ID SYSTEM: Tabled this item to next meeting. VMRD/TOV SUB COMMITTEE AGENDA: Dodson explained that Steinberg is out of town and a January meeting cannot be set up. This meeting will be scheduled for February. The Board approved the agenda items as presented in Dodson's memo. LIONS SQ. LODGE GOLF REQUEST: They want to kick off summer Vail with a golf event on Memorial Day weekend and are asking what the green fees will be at that time. The Board set $25 for the green fee. APPROVAL OF PO'S: Knox made a motion to approve the purchase orders as presented, second by Molloy, passed unanimously. The Board was informed that a special check run would occur prior to their next meeting to finalize all the 1989 expenses. ADJOURNMENT: The meeting was adjourned at 6:45 PM. Gail Molloy, Secretary