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.
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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
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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.
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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
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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
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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.
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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
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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.
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.,
"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