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Home My WebLink About1990-03-06 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 6, 1990 7:30 p.m. AGENDA 1. Approval of Minutes of February 6 and 20, 1990 Meetings 2. Ordinance No. 7, Series of 1990, first reading, an ordinance increasing the compensation for the Mayor and members of the Town Council of the Town of Vail; and setting forth details in regard thereto. 3. Ordinance No. 9, Series of 1990, first reading, an ordinance amending Special Development District No. 23, the Vail National Bank Building, and setting forth the details in regard thereto. 4. Appointment of Local Liquor Licensing Authority Board Member CITIZEN PARTICIPATION 5. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 6, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. Approval of Minutes of February 6 and 20, 1990 Meetings 7:35 2. Ordinance No. 7, Series of 1990, first reading, increasing Larry Eskwith Council compensation Action Requested of Council: Approve/modify/deny Ordinance No. 7, Series of 1990, on first reading. Background Rationale: At the Work Session of Feb. 27 the Council directed the Town Attorney to draft an ordinance increasing the Town Council's compensation. Staff Recommendation: Approve Ordinance No. 7, Series of 1990, on first reading. 7:50 3. Ordinance No. 9, Series of 1990, first reading, a request Tom Braun to amend Special Development District No. 23, the Vail National Bank Building Action Requested of Council: Approve/modify/deny Ordinance No. 9, Series of 1990, on first reading. Background Rationale: The amendments would permit the development of an additional 1,200 sq. ft. of office space on the property. Parking required for this addition would be provided in the new parking structure at the UUMC. Staff Recommendation: Denial. The proposed parking solution. is inappropriate given the fact that the UVMC parking structure has not been constructed. 8:15 4. Appointment of Local Liquor Licensing Authority Board Member Pam Brandmeyer Action Requested of Council: Appoint one member to the Local Licensing Authority. Background Rationale: Bill Bishop, the single applicant, has served on the Board since March of 1988. This appointment would be for a two year term. Staff Recommendation: Reappoint Bill Bishop for a two year term. 8:20 CITIZEN PARTICIPATION 8:35 5. Adjournment MINUTES VAIL TOWN COUNCIL MEETING FEBRUARY 6, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 6, 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 Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss Lynn Fritzlen Ron Phillips, Town Manager Larry Eskwith, Town Attorney The meeting began with the approval of minutes of the January 2 and 16, 1990 meetings. There was no 'discussion by Council or the public. Merv Lapin made a motion to approve the minutes as presented, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. Next on the. agenda was Ordinance No. 1, Series of 1990, second reading, regarding the Doubletree Special Development District No. 14. The full title was read by Mayor Rose. Kristan Pritz gave brief background information regarding the Doubletree project, and noted there were no changes made from first reading. Kristan and Peter Jamar then answered questions of Council. Merv Lapin made a motion to approve the ordinance, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. The third item was 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. Mayor Rose read the full title of the ordinance. Buck Allen briefly explained what the ordinance was for and what it would do. He then answered questions of Council. Peggy Osterfoss requested "snowboarder" be included in each section beside "skier." After further discussion, it was decided to change "cross country" to "tel.emarking" in Section F. A motion to approve the ordinance with the noted changes was made by Tom Steinberg and seconded by Merv Lapin. A vote was taken and the motion passed unanimously 6-0. Item four was 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 regarding the Berry Creek 5th Filing and the Miller Ranch. The full title was read by Mayor Rose. Larry Eskwith explained the ordinance and reviewed changes made since the Council last saw the agreement. He reviewed the change to paragraph 2, and answered questions from Council. He and Council then discussed ttie intent of paragraph 9, and clarification of paragraph 9.D. It was also noted there was a typographical error on page 1, line 2, to be corrected to read "by and among." After much discussion, Robert Levine made a motion to approve the ordinance with the noted changes in the agreement. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 6-0. Next on the agenda was Ordinance No. 5, Series of 1990, first reading, an ordinance amending the Arterial Business Zone. District to allow private off-street surface parking as a conditional use. Mayor Rose read the full title. Mike Mollica stated the request for the amendment to the zoning code was being made by Vail Associates. He reviewed the criteria used in evaluating the request, explained why the Planning and Environmental Commission (by a unanimous vote of 7-0) and the staff recommended approval to change the zoning code, and answered questions of Council. Ted Ryzick, of Vail Associates, gave further explanation regarding the requested zone change. After much discussion by Council, Jim Gibson made a motion to approve the ordinance as presented. Robert Levine seconded the motion.- Peggy Osterfoss stated her concerns over the proposed zone district changes. A vote was taken and the motion passed 4-2, with Peggy Osterfoss and Merv Lapin opposing. Next was Resolution No. 3, Series of 1990, a resolution proclaiming the week of February 12-19 as Skier Safety Awareness Week. Buck Allen distributed "I Care" buttons to Council, and gave a brief explanation regarding the resolution. Merv Lapin made a motion to approve the resolution, which was seconded by Jim Gibson. A vote was taken and the motion passed unanimously 6-0. Seventh on the agenda was Resolution No. 4, Series of 1990, a resolution designating Presidents Weekend, February 17-19, 1990, as the 10th Annual Smokeless Weekend. Susan Scanlan stated this resolution encouraged people, for the tenth year in a row, to refrain from using fireplaces and woodstoves during the Presidents Weekend. Tom Steinberg made a motion to approve the resolution, which Peggy Osterfoss seconded. Robert Levine suggested trying to get residents to use their fireplaces and woodstoves less throughout the year, because guests would not want to do it. Susan responded this was one of the items they were working on now. A vote was taken and the motion passed unanimously 6-0. At this time, Larry Eskwith asked Council to go back to the Intergovernmental Agreement. He had forgotten earlier to mention one minor change to the last sentence of paragraph 10. All Councilmembers agreed with the change made. The L'Ostello sign variance request was next on •the agenda. Tom Braun explained some changes made in the application since the staff memo was given to the Council. There was some discussion by Council regarding the differences between the Finishing Touch sign variance and this request. Kristan Pritz and Mike Mollica reviewed the differences. • Mayor Rose took a moment to announce the unofficial results of the VMRD swimming pool complex election. He stated the vote was 992 against, and 199 in favor of the pool. The discussion of the L'Ostello sign variance request continued. Tom Braun answered questions of Council regarding the previous signage of the building. Peggy Osterfoss commented the request was no larger than the previously existing signs, and the owner needed the variance for visualization, so she felt the request was reasonable. Robert Levine questioned the old paint spotlighted on the side of the building, to which Jay Peterson, representing the applicant, responded it would be taken care of. He also noted the landscaping, painting, etc. for the exterior would be taken care of this summer. Peggy Osterfoss made a motion to approve the variance question, finding this was not a grant of special privilege, and was a hardship for the owner. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 6-0. The ninth agenda item was appointment of Design Review Board members and Planning and Environmental Commission members. Ron Phillips remarked that Al Weiss would like his name added to the list of DRB applicants. There was some discussion by Council regarding appointments to committees by a majority vote. Tom Steinberg stepped down due to Erik Steinberg's application. Applicants for the Planning and Environmental Commission were Erwin Bachrach, Diana Donovan, James Johnson, Ludwig Kurz, Erik Steinberg, and Al Weiss. A vote was taken and Diana Donovan and Ludwig Kurz had the majority votes for the two PEC openings. Merv Lapin made a motion to appoint Diana and Ludwig to the PEC for a two year term, which was seconded by Robert Levine. A vote was taken and the motion passed 5-0, with Tom Steinberg abstaining. At this time, Robert Levine made a motion to reappoint Jim Shearer and Connie Knight for a two year term. They were both appointed in December to complete terms for two former members whose terms ended February 1990. Mayor Rose seconded the motion. A vote was taken and the motion passed 5-0, with Tom Steinberg abstaining. Applicants for the Design Review Board were Erwin Bachrach, Patricia Herrington, and Al Weiss. A vote was taken and Patricia Herrington had the only majority vote. Merv Lapin made a motion to appoint Patricia Herrington to the DRB for a two year term, which was seconded by Robert Levine. A vote was taken and the motion passed 5-0, with Tom Steinberg abstaining. Council directed Kristan Pritz to readvertise for the other opening on the DRB. There was no Citizen Participation. Merv Lapin suggested the Council direct staff to look into removing the franchise fees on Public Service of Colorado, AT&T, Holy Cross Electric Association, and 60% of the franchise fee on Heritage Cablevision. He explained he felt since the Town was doing so well, Council should lower taxes, and could do so by reducing the franchise fees. Mayor Rose responded that he felt now was not the time., but maybe at a later date. Peggy Osterfoss agreed with Mayor Rose. Jim Gibson stated he agreed with Merv's concept, and he felt it was a good idea and the time to do it was -2- now. After much Council discussion, it was decided the item could be brought up again during the budget process later this year. There being no further business, the meeting was adjourned at 9:40 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING FEBRUARY 20, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 20, 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 Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss Lynn Fritzlen Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item was Ordinance No. 3, Series of 1990, second 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. Mayor Rose read the full title of the ordinance. Buck Allen briefly noted the added definitions Council requested at first reading. Joe Macy stated Vail Associates was involved in the writing of the ordinance and urged Council to pass it. Merv Lapin made a motion to approve the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Item two was Ordinance No. 4, Series of 1990, second reading, an ordinance 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. The full title was read by Mayor Rose. Larry Eskwith reviewed the changes made on page 2, paragraph 2, and page 4, paragraph 9D. He explained these changes were requested by Council at first reading. The Council decided to postpone action on the ordinance until John Slevin, who had helped initiate the agreement and who was in the audience, had a little time to review the language. Next on the agenda was Ordinance No. 5, Series of 1990, second reading, an ordinance amending the Arterial Business Zone District to allow private off-street surface parking as a conditional use. Mayor Rose read the full title. Mike Mollica noted there were no changes made since first reading of the ordinance. Kristan Pritz and Mike then answered questions of the Council. Robert Levine made a motion to approve the ordinance on second reading, and Tom Steinberg seconded. Peggy Osterfoss stated she was sympathetic to the situation,. but did not feel it was appropriate to add off-street parking in the Arterial Business District zone. A vote was taken and the motion passed 4-2, with Peggy Osterfoss and Merv Lapin opposed. The next order of business was Ordinance No. 8, Series of 1990, first reading, an ordinance rezoning Lots 4 and 5, Block 2, Bighorn 1st Addition, from two family residential to single family residential; and appeal of the PEC decision granting approval of a minor subdivision. Mayor Rose read the full title. Mike Mollica reviewed the zone change request and why the applicant was asking for it. He then reviewed the criteria used in evaluating the request. Mike stated the staff recommended approval of both the zone change and the minor subdivision requests, and the Planning and Environmental Commission approved both as well. He noted staff recommended four conditions apply to the subdivision: 1. The Town Council approve the zone change request before the PEC chairperson signs the plat. 2. The plat include a restriction which prohibits the use of berming as a method of hazard mitigation. 3. The plat include a restriction which limits the total allowable GRFA to 13,295 square feet. 4. The plat include a restriction limiting the number of driveway cuts to a maximum of two. Mike Perkins, the architect representing the applicant, stated Mike Mollica had done an excellent job, and then further explained why he felt both requests should be approved. John Slevin stated he preferred a single family design to a duplex design. There was some discussion by Mayor Rose regarding his feelings why the lots should be left as two, not four. Kristan Pritz and John Slevin gave additional information trying to clear up any confusion. Peggy Osterfoss stated she would agree to everything, but preferred two driveways instead of four. Tom Steinberg explained why he was against the subdivision. After much discussion by Council, Peggy Osterfoss made a motion to approve Ordinance No. 8 on first reading (for the zone change) with. the findings of 1) the .zoning was suitable for the area; 2) there was a convenient workable relationship within the land uses; and 3) it would provide growth of an orderly, viable community, and with all provisions stated in the staff memorandum included. Jim Gibson seconded the .motion. There was some discussion regarding the minor subdivision in relation to the rezoning. Peggy Osterfoss amended the motion by adding the approval of Ordinance No. 8 was contingent upon the approval of the minor subdivision, which was seconded by Jim Gibson. A vote was taken and the motion failed 3-3, with Mayor Rose, Tom Steinberg, and Merv Lapin opposing. Item five was Resolution No. 5, Series of 1990, a resolution in support of the Eagle County mill levy election for recreational facilities. Ron Phillips discussed both Resolution No. 5 and Resolution No. 6, which was a resolution providing for certain types of Town expenditures and contributions in-kind in regard to the Eagle County mill levy election for recreational facilities. He remarked that the two resolutions would 1) endorse the election scheduled for April 10 supporting the mill levy for recreational facilities, and 2) any individual member of the Town Council or its department heads or employees as specifically directed by the Town Council, may expend not more than fifty dollars ($50) of public monies in the form of letters, telephone calls, or other activities incidental to making a Town Councilmember available to the press or the public for the purpose of responding to question about any issues relating to the increase in tax levy -and the purposes therefor, or to express an opinion on any such issue. Merv Lapin made a motion to approve Resolution No. 5, which was seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 6-0. The next .item was Resolution No. 6, Series of 1990, a resolution providing for certain types of Town expenditures and contributions in-kind in regard to the Eagle County mill levy election for recreational facilities. A motion to approve the resolution was made by Merv Lapin and seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 6-0. The next order of business was the appointment of a Vail Valley Marketing Board member. The applicants were: Mary Anne Daly, James Feldhaus, Bruce Gillie, Robert O'Malley, Marilyn Pierce, and Richard Salturelli. A secret ballot vote was taken and Marilyn Pierce chosen as the new member. Tom Steinberg then made a motion to appoint Marilyn Pierce as the Vail Valley Marketing Board member, which Merv Lapin seconded. A vote was taken and the motion passed unanimously 6-0. Merv Lapin encouraged people to apply to the assorted Boards of the Town. Jim Gibson encouraged the VVMB to do their own appointments from now on and become a more self standing board; they know better what type of person they need than the Council did. Action on a letter of intent to purchase Forest Service Spraddle Creek and Golf Maintenance parcels was next on the agenda. Ron Phillips gave background information, brought Council up-to-date on these properties, and reviewed the letter of intent. Tom Steinberg made a motion to approve the letter of intent and that it be sent to Bill Wood, District Ranger, which Merv Lapin seconded. A vote was taken and the motion passed unanimously 6-0. Tom Steinberg asked if we should send a similar letter of intent for Parcel H, to which Ron responded he would check with Bill Wood. There was some discussion regarding monies being used to develop the properties. Next was discussion of an Urban Mass Transportation Administration (UMTA) grant application for a people mover. Stan Berryman gave background information on the subject. Ron Phillips provided additional information, and then both Ron and Stan answered questions of Council. After some discussion, Tom Steinberg made a motion to approve up to $10,000 for a grant application for an EIS, which Peggy Osterfoss seconded. There was some discussion of from where the money would be budgeted. A vote was then taken and the motion passed unanimously 6-0. -2- At this time, Mayor Rose asked if John Slevin had had enough time to review the intergovernmental agreement, so the Council could act upon it. John felt it was basically a good agreement for all parties concerned. Peggy Osterfoss then made a motion to approve Ordinance No. 4, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-O. There was no Citizen Participation. At this time, Mayor Rose stated there were a few items which there had not been time to discuss at the Work Session, and he wanted to go over them now. The first item was a presentation of street entertainment survey results. Pam Brandmeyer gave background information, and stated this year they wanted to begin with Memorial Weekend and run through September 23, with entertainment only Fridays through Sundays. She then reviewed the survey results and answered questions of Council. Jim Gibson suggested the present committee be retained and those who cannot participate would be replaced as designated by those who continue. The rest of Council agreed. Next was discussion of the Avon STOLport. Merv Lapin and Ron Phillips are planning to attend a meeting next Tuesday, February 27, to meet with Continental Express. Also, the Town of Avon is presently trying to purchase 160 acres the STOLport is on. There was some discussion regarding these items. Peggy Osterfoss gave an update on the County Recreation Complex next. She noted they were forming a special citizens' promotional committee and the promotional efforts were solely from private funds. She stated they had come up with a first draft of a fact sheet, and distributed copies to Councilmembers. There was some discussion regarding distribution information. Peggy asked for Council comments before Friday for the next County Recreation meeting. Ron Phillips' began his Information Update with a request that Council review the drafted Citizen Survey by next Tuesday. He stated Council would discuss any comments/additions/deletions/changes then. Ron commented that Marion and Kay Hurtt donated $1,297 for a personal computer to the Library. This was the second donation as such; the first was from Merv Lapin. He remarked the Library was very appreciative of both. Ron then requested Council go into Executive Session to discuss a legal problem that had come up. Mayor Rose commented. he liked Caroline Fisher's "Around Town" article for the paper. At this time, Larry Eskwith requested Council to retire to executive session to discuss a legal matter. A motion by Tom Steinberg to go into executive session was seconded by Robert Levine. A vote was taken and the motion passed unanimously 6-0. There being no further public business, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- ORDINANCE N0. 7 Series of 1990 AN ORDINANCE INCREASING THE COMPENSATION FOR FUTURE MAYORS AND MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 3.8 of the Charter of the Town of Vail, Colorado provides that members of the Council and Mayor shall receive such compensation as the Council shall prescribe by ordinance, provided, however, that they shall neither increase nor decrease the compensation during any member during his term of office; and WHEREAS, the Town Councilmembers and the Mayor are required to devote extensive time to their public duties; and WHEREAS, the Town Council wishes to encourage people to run for the office of Town Councilmember and is of the belief that an increase in the compensation for Town Councilmembers will encourage a more diverse group of citizens to run for that office. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: 1. Town Councilmembers' compensation shall be increased as follows: A. All Councilmembers shall receive a base compensation of two hundred dollars ($200) per month. B. In addition to the base compensation, all Councilmembers shall be entitled to a fee of fifty dollars ($50) for each regular meeting or work session attended, but in no event to exceed a total of three thousand eight hundred dollars ($3,800) per annum. 2. The Mayor shall be compensated as follows: A. The Mayor shall be entitled to a base compensation of six. hundred dollars ($600) per month. B. In addition to the base compensation, the Mayor shall be entitled to additional compensation in the amount of sixty dollars ($60) for each regular meeting or work session attended, but in no event to exceed a total of four thousand five hundred sixty dollars ($4,560) per annum. 3. The pay increase provided for in this ordinance shall not be effective for the Mayor or any Councilmember during his present term of office. 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 ar 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 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 -2- w T0: Planning and Environmental Commission FROM: Department of Community Development DATE: February 12, 1990 RE: A Request for an Amendment to SDD #23 (The Vail National Bank Building). Applicant: Vail National Bank Corporation I. DESCRIPTION OF PROPOSED REOUEST This property was rezoned to a Special Development District in May of 1989. This rezoning permitted an addition to the existing building of approximately 1,800 square feet, which has been completed. In September of 1989, a minor amendment to the SDD was approved to allow for an addition of 213 square feet to the third floor. This space is to be created by converting an existing common corridor into office space. To date, this construction has not been done. The application before the Planning Commission involves two elements: 1. An amendment to the approved development plan to allow for the enclosure of two decks on the third floor of the structure. This will add 1,276 square feet of office space to the building, resulting in a total amount of 23,205 square feet. 2. An amendment to the parking standards of SDD #23 in order to provde parking for this addition within the parking structure at the Vail Valley Medical Center. If approved, this office expansion would be completed some four to six months prior to the completion of the Hospital's parking structure. During this period, the applicant has proposed an interim solution of leasing spaces from the Holiday Inn. The amount of required parking for the proposed addition is five spaces. See attached letters from the Holiday Inn and the VVMC. II. REVIEW CRITERIA FOR THIS PROPOSAL This proposal constitutes a major amendment to the existing SDD. In this case, the Planning Commission's action is advisory, and final decisions are made by the Town Council. The criteria to be used in evaluating this proposal are the nine design criteria of the SDD section of the zoning code. These design criteria address a variety of issues, including design compatibility, uses, parking, compliance with the r Vail Comprehensive Plan, site planning, etc. As with all y SDD's, the specific development standards on this property are established by the approved development plan and the ordinance approved by the Council. It is the burden of the applicant to demonstrate that their proposed development plan complies with each of the nine design criteria, or demonstrate that they are not applicable, or that a practical solution consistent with the ublic interest has been achieved. III. STAFF RESPONSE TO PROPOSED DEVELOPMENT This project must be reviewed as a whole, however, it is worthwhile to consider the two major elements separately. The proposed addition of 1,276 square feet of office space is consistent with each of the relevant design criteria. The design is compatible with the existing structure, the scale and bulk of tfie building is not appreciably increased, uses are consistent with existing uses, and site planning and landscaping are unchanged. This addition constitutes a very minor change to the existing development on the lot. However, the parking solution proposed is not acceptable to the staff. Our difficulty with this proposal is based on Design Criteria C., which states: 18.4^.^30 C. Compliance with parking and loading requirement as outlined in Chapter 18.52. T:~is criteria references the parking section of the zoning code as a basis for evaluating development proposals. The parking section of the code states that all required parking should be located on-site. The Town Council can grant exceptions and allow off site parking if certain criteria are met. In addition, it should be understood that the design criteria can be waived if "a practical solution consistent with the public interest has been achieved". There is a specific process outlined in the code for leasing parking spaces. This proposal is inconsistent with this process. However, because this property is an SDD, the proponent can establish its own standards for parking. This means that the applicant is within its rights to request approval of the parking solution as proposed. The staff is conceptually amenable to the bank locating five spaces within the Medical Center's parking structure. This appears to be a workable situation considering the proximity of these two sites and the relatively small number of parking spaces involved. However, as proposed, the parking solution is not a practical one, and it is not consistent with the intent of the parking regulations. The following reasons outline the staff's primary concern with this proposal: 1. At the present time, the parking structure approved for the Medical Center is designed to meet the needs of the Center and the Doubletree Hotel. The structure is not designed with excess capacity. Approval would have to be obtained from the Town to modify the development plan add more parking to this site. This approval has not been obtained. 2. The parking is not in place at this time. The staff has serious concerns about approving this proposal dependent upon parking that is not in existence today. 3. The development of the parking structure is totally dependent upon the performance of an adjacent property owner. The Bank has no control over the completion of these spaces. It is irresponsible to grant, a development approval to one property owner, whd then must rely on the performance of an adjacent property owner in order to satisfy their parking commitments. 4. It has not been established that the Holiday Inn has an excess number of spaces to lease to the Bank. With the development of the structure out of the Bank's control, the Holiday Inn solution must be considered a permanent one in the event the completion of the Medical Center parking structure is delayed. While it may be unlikely that problems will develop with completing the structure, it is not the Town's responsibility to speculate, or accept the risk that everything will go smoothly. The worst case situation is such that the Bank must rely on alternative locations for the parking, and the obvious question becomes whether the Holiday Inn has the ability to provide this parking. No documentation of the utilization of the Holiday Inn's lot has been submitted as a part of this application. 5. The approval of this proposal could serve to establish a dangerous precedent for future development proposals. Simply stated, the applicant is asking for approval of a development that is dependent upon the performance of an adjacent owner in order to satisfy the parking requirements. From the standpoint of the Town and the community at large, there is little or nothing to gain by granting this approval now. While an approval for the applicant will allow them a more convenient construction schedule, the Town will be accepting the risk that the parking structure at the Medical Center may or may not be completed in a timely manner. D IV. STAFF RECOMMENDATION The Staff cannot support this application at this time. In concept, it appears reasonable for five of the Bank's parking spaces to be provided in the Center's structure. However, it is fundamentally bad planning to approve this application without the parking in place. The appropriate time to review this proposal is after the Medical Center's parking structure has been completed. The staff position on this application raises the question of how this proposal differs from approvals received by the Hospital over this past year. As the Planning Commission may recall, the Hospital received approval to construct an addition to its building prior to the construction of the parking structure. There are a number of differences that distinguish this proposal from the hospital project. First and foremost, the construction of the Hospital parking is under the control of the Hospital. We are dealing with one project and one owner. With this proposal, the Bank has no authority or control over the completion of the parking. Secondly, to require simultaneous construction of the parking structure and the hospital addition would have caused severe impacts on the Doubletree Hotel during the winter seasc:~. Thirdly, the development of both facilities would have compounded difficulties of staging construction and eliminated even more available on-site parking during the construction period. Finally, the Hospital has completed the relocation of utilities to allow for the construction of the structure this spring. While this point could be used to argue that the Hospital is totally committed to the completion of the structure, it must be reiterated that the Hospital is the party responsible for this project. The Bank has no control over the completion of the parking. Once construction of the parking structure begins, the risk to the Town that the project will not be completed may in fact be quite low. Nonetheless, the staff can see no reason why the Town should accept any risk to accommodate this development plan. There is nothing to gain by approving this project now and hoping that everything works out. In addition, this entire proposal assumes the Hospital's proposal to enlarge the approved design is acceptable. The Staff and Planning Commission are not in a position to make this assumption at this time. The Colorado Division of Highways will also have to approve changes to existing designs. The opportunity to provide parking off-site is not a right, but rather should be seen as a privilege. Until the parking is in place, it is irresponsible to consider approval of this request. _ ~'- 12 January 1990 `~'' - - Kristen---Priti "~" Senior PTanner,,. '{~• Town of Yail -~ Commti - - 75 S. Frontage-Road ~~'~'~``- Yai 1, Colorado 81657 ~~~ _ ~~ Dear Kristen: K R ,,a ~z R -y' -~ - iity Development t.e 7 ':J ..r; ~ -~ -'v' .. to ~ y~_ :y,y~ .~ The owners of the Vail National Bank Building (VNB Building Corporation) have a written option to purchase an exclusive, irrevocable license to use as many as twelve parking spaces in the hospital's proposed parking structure. ShortlX after working drawings are completed next month, the hospital will provide the VNB with an estimate of construction costs. The VNB will then have seven (7) business days to exercise its option. The parking structure presently approved by the PEC has only enough spaces to serve the hospital's current needs. Needless to say, the VNB's option is contigent upon the hospital securing the approvals needed to construct an additional level of below-grade structure. cerely, Dan F eney P DF/bh cc: Ray McMahan ~~ Ray McMahan Administrator ~1~ ,o ~~~. ~~'~ ail January 31, 1990 Sidney Schultz-Architect, Inc. 141 East Meadow Drive Vail, CO 81657 Dear Mr. Schultz: By your letter, it appears to me that you need parking spaces on a contract basis so that you can always count them as part of your building, not just a temporary thing. Under those conditions, it would have to be a lease on a year round basis. You would be responsible for putting up the signs showing it as Vail National Bank Building employees' parking. A..so, if we decide to add rooms to our property, we would have to go underground at least two levels. That would give us parking for at Least the 102 spaces we now hold. By having two levels, we should be able to get 150 or 160 spaces so that we could 'still hold the spaces you are requesting. I imagirie~t the ~ ce for this would be $800 a year per space .~~ ) Sincerel yours,? ~'`~ ~~ / .,\ f l •'{. r e~ei=a,~II ' Gz~eral~~Manager .as 13 Vail Road • Vail, Colorado 81657 • Phone VaII 303!476.563 t • Cenver 573-9006 OwnaC anC oplnlCC Oy D~© InvcstmewS Int. Unoor Ucans• Iran MOUDaY INNS. INC. • ~ l .~~ February 7, 1990 SIDNEY SCHUL~-ARCHITECT ~rvc. .. 141 EAST MEADOW DRNE .._ .. • vAIL COLORaO 81657 " 303/476-7890 ~ ~ ~ ,- Ms. Bristan -Pritz ` ~~ •~ - - -• -~- • Town of -Vail ' ' - - - . '., ... - ~. _. ~ ' ~.. . Office of Community 'Development _; Vail , _ Colorado 81657 - - ~. •. _ _ re: Vail National Bank Building-temporary parking variance Dear Rristan,• This .letter is to follow-up my application for a temporary parking variance for tl~e,proposed deck enclosures at the Vail National Bank Building. Between the time our construction is completed and permanent parking is provided at the new hospital structure, we propose to provide parking on the Holiday Inn site. The Holiday Inn is within three-hundred feet of the Vail National Bank Building property. As the attached letter from Charles Pereira confirms, this parking may be on a long-term basis. ~,• If you have any further questions regarding this matter pease give me a call. S' / rely, / ../ Sidae~p chultz cc: Paul Powers Jay Peterson Gail Lowenthal I nn~nneaa. n•~ ~c~w wsnntrE of a~q.,,~-s ~t~~. t 's TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 26, 1990 RE: A request for an amendment to Special Development District 23 to allow for an office expansion, to the Vail National Bank Building at 108 South Frontage Road West. Applicant: Vail National Bank Bldg. Corp. The following information is in response to Planning Commission questions following the February 13 review of proposed amendments to the Vail National Bank Bldg. SDD: 1. Proposed conditions of approval. The attached memorandum to Tom Braun from Jay Peterson outlines the applicants suggested conditions of approval for this application. 2. The Vail Valley Medial Center parkina structure. Application was made for a conditional use permit to increase the size of the Medical Centers's approved parking structure. This application will be reviewed by the Planning Commission of March 26, 1990. 3. The Bank Buildina/VVMC agreement. Attached you will find a copy of the agreement between the hospital and the bank building pertaining to the purchase and use parking spaces within the hospital's new parking structure. 4. Parkina requirements. After consultation with Larry Eskwith, it is his opinion that the parking requirements imposed on the bank building must be based on the parking standards outlines in the zoning code. The SDD criteria pertaining to parking specifically references the parking standards. This implies that the standards establish the maximum parking to be required with a development. STAFF RECOMMENDATION The staff's position regarding this proposal .has remained unchanged. While in concept, the staff agrees that parking in the hospital structure can provide a workable solution to meet the bank's parking demand. However, it is inappropriate to authorize additional development approvals to adjacent property owners without the hospital's parking structure being in place. FREDERICK S. OTTO JAY K. PETERSON WILLIAM J. POST W ENDELL B. PORTER FIELD, JR. OTTO, PETEESON 8C POST ATTOax~rs Az Lew POST OFFICE BOX 3149 VAIL, COLOEADO 81638-3149 MEMORANDUM T0: TOM BRAUN FROM: JAY K. PETERSON DATE: FEBRUARY 22, 1990 RE: VAIL NATIONAL BANK BUILDING VAIL NATIONAL BANK BUILDING (303) 476-0092 FA% LINE (303) 479-0467 Approval to be subject to the following conditions: 1. That Vail Valley Medical Center (VVMC) submit an application for modification to its Conditional Use Permit allowing an additional two half levels of parking. 2. That VVMC submit plans showing such two half levels of parking. 3. That Vail National Bank Building exercise its option to purchase cr use in perpetuity the number of spaces from VVMC necessary to conform to zoning for its addition. 4. That VVMC receive all approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and that VVMC apply for and receive such building permit. 5. That Vail National Bank Building shall not occupy the expanded premises unless VVMC has commenced construction and has continued construction on its parking structure. 6. That Vail National Bank Building agrees to move out of the expanded premises if they cannot occupy the parking spaces at VVMC on or before December 1, 1990. 7. That Vail National Bank Building provide a letter from Holiday Inn or a suitable substitute allowing the use of four parking spaces from the date of occupancy of the expanded premises to December 1, 1990. 8. That the above conditions be satisfied prior to the issuance of a building permit to Vail National Bank Building. r 1'IIIS AGREEMENT VNB Building Corp., a Inc. d/b/a Vail Valley is dated as of May 22, 1989 by and between Nevada corporation (VNB) and Vail Clinic, Medical Center (Hospital). ' RECITALS a. Hospital is engaged, in a tax-exempt borrowing to finance, in part, the cost of construction of a parking structure (hereinafter "Parking Structure") to be located generally at the east end of Hospital's existing property and on an easement to be granted to the Hospital by Vail Holdings, a South Carolina general partnership. The legal description of the real property w?rich is subject to the easement and is owned by Vail Holdings is referred to as the "Vail Holdings Property" and is described in Exhibit A. The property owned by Hospital (the "Hospital Property") is described in Exhibit B. b. VNB wishes to purchase an exclusive, irrevocable license to use parking spaces in the ParY.ing Structure, subject to the terms and conditions herein. c. The parties wish to cooperate regarding the provision of access to the Parking Structure and the reconfiguration of the access to the VNB site from South Frontage Road, Vail, Colorado. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree: 1. Construction of Parkinct Structure. Except as provided below, Hospital will construct, at its expense, the Parking Structure, in substantial accordance with the plans and specifications which have been previously delivered to VNB. Nothing in this Agreement is intended to provide VNB a right to oversee, approve, or veto any aspect of the construction of the Parking Structure, and VVMC may alter the plans and specifications as it deems necessary or proper. 2. Relocation of Access. a. VNB will relocate, design and build the westernmost access to its present site (the "VNB Property") from South Frontage Road as shown on Exhibit C attached hereto and incorporated herein by this reference, but will only be obligated to pay for any such design and construction within the cross- hatched lines on Exhibit C. Tlie parties agree that a purpose of the design aric: reconfiguration of VNB's westernmost access is to facilitate access to the Parking Structure and the Hospital property from South Frontage Road. b. point generally entrance. c. costs required t hatched lines on VNB will move its existing eastern access to a opposite the easternmost public post office VNB will construct and pay for all work or other o have the improvements shown within the cross- Exhibit C conform to Exhibit C. ' 3. 0 'o Hospital hereby grants to VNB an option to purchase an exclusive, irrevocable license to use twelve (12} parking spaces ("the Additional Parking Spaces") to be located in the Parking Structure on the terms specified herein. 4. Exercise of Option. a. VNB may exercise its option as follows: during the bidding or negotiation stage of Hospital's construction of the Parking Structure, Hospital, through its general contractor, will provide to VNB in writing its statement of the Cost of the Additional Parking Spaces. Within seven (7)~business days after such notice, VNB shall notify Hospital if it wishes to exercise its option. b. The "Cost of the Additional Parking Spaces", for purposes of this Agreement, shall be based upon the cost of "adding on" twelve parking spaces to the cost of construction of hospital's Parking Structure. The Cost of the Additional Parking Spaces shall be the difference between the contractor's estimate to build the Parking Structure and the same contractor's estimate to build the Parking Structure enlarged to include twelve spaces for VNB. Such estimates shall include the actual hard construction costs, plus the proportion of building permit fees due to the additional construction, the proportion of tYie architect's fee attributable to additional construction (7.5$ of hard construction costs) and the proportion of the contractor's performance and payment bond premium attributable to the additional construction of the optioned parY.ing spaces, but shall not include any costs for ventilation or sprinklers for the Parking Structure. c. VNII will exercise its option by (i) delivering to Hospital written notice thereof within seven (7) business days following the presentation cf the statement of the Cost of the Additional Parking Spaces by hospital as provided above, and (ii) delivering to Hospital an irrevocable letter of credit drawn upon a national bank, in favor of the Hospital, in an amount equal to the Cost of the Additional Parking Spaces. The letter of credit shall be payable upon VNB's failure or refusal to pay the Cost of the additional spaces within three (3) business days following the "Pay Date", as defined in paragraph 5, below. VNB's exercise of its option shall constitute a binding and irrevocable commitment to pay the Cost of the Additional Parking Spaces as provided in this Agreement. After receiving notice of the exercise of VI1B's 2 option, Hospital will construct the i~dditional Parking Spaces bus, will not charge VNB more than the Cyst of the Additional Parking Spaces as defined above and presented to VNB prior to its exercise of its option. Failure to exercise the option in strict accordance with the provisions of the paragraph 4 shall result in a lapse of VNB's option under this Agreement. 5. Payment. VNB shall pay to Hospital the Cost of the Additional Parking Spaces upon demand for payment by the Hospital after completion of the Parking Structure (the "Pay Date"). Hospital may demand payment under this paragraph upon the completion of the following: a) completion of the Parking Structure; b) delivery to VNB of a valid certificate of insurance coverage pursuant to paragraph 7; and c) delivery to VNB of a final Certificate of Occupancy for the Parking Structure. 6. Grant of License. Upon completion of the Parking Structure and full payment by VNB of the Cost of the Additional Parking Spaces, Hospital shall be deemed to have granted to VNB an exclusive, irrevocable license to use the twelve additional spaces described herein which license shall be a permitted encumbrance to the lien created by the Mortgage and Loan Agreement of June 1, 19Lt9 by and between the ~iospital and Colorado Health Facilities Authority. Such license shall be perpetual, subject, however, to all conditions set forth herein. 7. Use and Location of ParkinQ_Spaces. a. The parking spaces subject to VNB's license shall be located in such part of the Parking Structure as Hospital and VNB mutually agree. Hospital and VNB shall jointly determine the location of the spaces at or prior to the time of VNB's exercise of its option in paragraph 4. If the parties are unable to agree on the precise location of the parking spaces, and VNB has exercised its option, VNB shall be assigned and it shall be .licensed to use twelve spaces which are closAst to the existir:g VPJB parking spaces on the VNB property at the southeast corner of the Parking Structure and located on parking deck half level 4. The parking spaces so located and subject to VNB's license shall be identified by signs. VNB shall place and pay all costs of striping and parking identification signage for its twelve spaces. The quantity, size, color, design and placement of such signage shall bL subject to the prior approval of the Hospital. b. The parking spaces shall be used only for the parking of automobiles, motorcycles, light trucks or vans, and shall. not be used for storage or for the parking of large trucks, buses, limousines, boats, trailers, recreational vehicles, or any other oversized vehicle. c. VNB shall be solely responsible for the designation or authorization of all persons including employees, 3 tenants and customers of VNB who may ~zse the parking spaces. Under iio circumstances shall such persons ~•~ considered invitees, express or implied, of the Hospital. d. VNB shall pay to Hospital, upon presentation of a statement therefore, its pro rata share of Hospital's costs of cleaning and snow removal for the Parking Structure. Such pro rata share shall be based upon the proportion of twelve parking spaces to the total number of spaces in the Parking Structure from time to time. Hospital shall pay all other costs of operation, maintenance, snow removal and utilities for the Parking Structure. Hospital shall maintain appropriate property casualty and general liability insurance coverage on the Parking Structure. VNB shall be named as an additional insured on such policy or policies as its interest may appear. VNB shall maintain appropriate property, casualty and general liability insurance coverage with respect to its property and operations. e. If the parking structure is destroyed for any reason to such ati extent as to riot allow the use of the specific parking spaces licensed by VIlB as provided in this Agreement, hospital shall elect one of the following three options: (i) hospital may commence rebuilding or restoration of the use of the Farking Strlictur~ and V11r's spaces within a reasonable time after the loss of use; or (ii) Iic~.^-pital may relocate VNB's licensed parking spaces to another location within the ParY.ing atrt~cture; or to another location on any other Iiospital property located at 181 West Meadow Drive, Vail, Colorado which is not subject to a right of reverter, a~ described in paragraph 10; or (iiS.) Hospital may pa;~ t~ VNA an amount equal to the pro rata unused portion of the Recapture Feriod of the license (as defined below i.n parayraph 10) times the Copt of the Additional Parking Spaces paid by VNB. Upon payrient of such amount, VNII's license shall terminate and be extinguished. f. Hospital may voluntarily demolish or raze the Parking Structure. In the event Iiospital chooses to do so, it shall elect either the option described in subparagraph 7(A)(ii) or subparagraph 7(e)(iii), above with respect to VNB's licensed spaces. 8. VNB's Rezoning and Access RePermit. a. VNB shall pursue with all deliberate speed the approval of its present proposed rezoning with the Town of Vail. Upon signature of this Agreement by VNB, VNB shall promptly apply for an access repermit and/or execute all other documents necessary to secure the approval of the State Highway Department, the Town 4 of Vail, or any other jurisdiction having authority over the redesign, relocation or construct~.on of the access to South Frontage Road by the Hospital f~ 'm the Parking Structure as contemplated in Exhibit C. b. This Agreement shall be null and void if the Colorado State Highway Department or any other body with jurisdiction over the access repermit, fails to approve and to issue an access repermit by August 1, 1989, without further liability to either party. 9. Vail Holdings. a. If required by Vail Holdings, VNB's license shall not extend to parking spaces located on the Vail holdings Property. This Agreement and any license granted pursuant to this Agreement, are subject to and expressly conditioned upon the existence of a valid easement to be granted by Vail Foldings to the Hospital to enable the Hospital to construct the Parking Structure and access ramps, and Hospital makes no representaticros or warranties with respect to the such easement. hospital s}tall have no obligation to perform any provision of this Agreement if the easement from Vail Holdings is not granted by September 1, 1989. b. Upon execution of this Agreement by the parties, VNB will release the access repermit application described in paragraph 8(a). If Vail Holdings has not executed an agreement with Hospital by June 10, 19x9, which agreement requires Vail Holdings to grant to Hospital an easement on the Vail Holdings Property, VNB may withdraw its access repermit application. 10. ckncwledaement of Reverter. a. VN13 acknowledges that the real property upon which hospital is located and upon which a portion of the Parking Structure is to be located is subject to a forfeiture or reverter clause contained in a deed from Vail Associates, Tnc. to Vail Clinic, Inc., recorded December 2, 1977 in Hook 263, Page 243 in the records of the Clerk and Recorder of Eagle County, Colorado. VNB's license to .parking spaces i3 subject to such right of reverter. b. If the real property upon which the Par}:ing Structure is located reverts ba~:k to Vail Associates, inc. a~ its assigns during the Recapture Period as defined blow, then Hospital shall pay to VNB an amount equal to the pro rata unused portion of the Recapture Period of the license times the Cost of the Additional Parking Spaces paid by VNB. c. For purposes of this paragraph a, the Recapture Period" shall be a period of thirty (30) years from the date of first occupancy of the Parking Structure. After the 5 expiration of the Recapture Period, iio amount shall be payable by Hospital in the event of a loss or exti^guishment of VNB's license by reverter or otherwise as providf~' above. As an example, assume (1) Cost of Additional Parking Spaces equals $120,000; (2) Recapture Period is 30 years; and (3) due to relocation of Hospital, Hospital's property reverts to Vail Associates 20 years after occupancy of Parking Structure. Hospital would pay to VNB $40,000. (10/30 x $120,000 = $40,000.) 11. Pedestrian Access. If a pedestrian bridge or walkway connecting the Hospital's parking structure with VNH's site is required or imposed as a condition of any necessary approval of Hospital's parki~ig structure or VNB's proposed rezoning by the Town of Vail, Hospital agrees to pay the cost of such bridge or walY.way. 12. Vail Associates. Inc. Waiver o~ Release. Hospital will obtain from Vail Associates, Inc. a document, in recordable form, reasonably satisfactory to VNH, which waives, or releases, its right of reverter only as to the easement conveyed by Vail Clinic, Inc. to Vail Professional Building Group, Ltd., dated 2/19/81; and described on Exhibit D, attached hereto and incorporated herein by reference. 13. Miscellaneous. a. This Agreement is binding upon the heirs, successors and assigns of the parties. b. Time is of the essence of th~.s Agreement. c. This Agreement shall be governed by the laws of the State of Colorado. d. Any provision of this Agreement prohibited by the laws of the State of Colorado or the United States of America or held to be invalid by a court of competent jurisdiction shall be ineffective only to the extent of such provision without invalidating the remaining provisions of this Agreement. e. This Agreement constitutes the complete agreement of the parties hereto, and may not be changed or modified except by another agreement in writing executed by both parties. f. This Agreement or document signed by the parties reflecting certain covenants herein or the license contemplated hereby may be recorded in t2ie office of the Eagle County Clerk and Recorder. q. VNB agrees not to oppose any future expansion of Hospital. Hospital agrees not to oppose any future expansion of VNB. 6 h. Any notice require~.l to be given hereunder shall be deemed to have been given whin ma~.1_ed by certified mail, return receipt requested, postage prepzid, d.diessed as follow, or if hand delivered to the person(s) and addi~c.~sses below: If Hospital: Vail Valley Medical Center 181 ~•lest Meadow Drive Vail, Colorado 81657 Attn: Administrator If t'o VNB: VNB Building Corporaticn c/o Hanover Realty Corporation 650 South Cherry Street Sure 1025 Denver, Colorado 80227. or to such other address or person (s ) as ttic parties may d~.~~> ignate in writing. VN1'..Puildinq Co co~•poration Yom. a Nevadl _..-- ~- r Attest: ~Jur. Secretary STATE OF COLORADO ) ss. COUNTY OF Denver ) The foregoing was subscribe~t and sworn to before me by.. Paul W. Powers, Vice President, VN}3 Building Corp. on this 24th day of aY , 1989. My commission expires: . ,.. _ ._, ---~ J•~ ~ ~ 1330 ~1.... Notary Public (SEAL) VAIL CLINIC, INC. d/b/a VAIL VALLEY MEDICAL CENTER 7 l\ '~ ,/~ •~ ~Y~- i Harold W. Koonce Pr~oident Board o! Directors Attests ~~ L'`/rte ` ('~ ~4.zc c~:..Y. Secretary STATE OF COLORADO j ss. COUNTY OF ~ The lor~goiny was subscribed. and sworn to before me by on this ~~~ day ~ ~ U ~,,,_, , 1989. tdy commission expires: Q.. 5 ~~ . i . Notary Public . ~~ (SEAL) . ~, 8 LEGAL DESCRIPTICdi Block 1. Vail/Lionshead Second Filing, according to Lhe of the Eagle t of Lot 2 P • , ar That tt:ereof recorded in Book 221 at Page 990 in the office '~ map County, Colorado, Cletk and Recorder, described as folloMS: corner of said Lot 2~ trance, along the Beginning at the southeasterly rtin said depa 9 thence ° ~ " , southerly line of said Lot 2. N79 41 13 N 190.15 feet= N04'10'00"E 47.00 feett thence `~ southerly line, N49'10'00"E 32.29 feett thence h e r 1 c 31" ` n s o 29 21 585°50'00"£ 66.37 feet to the no E (1) S38°35' line: Chen t rly aid follcriling two. courses along s f a curve to t}:e left,.having a radius of feett (2) 103.33 feet along the arc o ~ and a crord that bases S47ww5206 12°30'53" 4 , 469.30 feet, n central angle of terly line of said Lot ?~~~,~aQ/,~~~ 103.12 f~eett thence, along the eas ntaining 9910 square f~FJ"~~~'''~ess• s ~ co feet to tie point c.. ..eginning, ~~.~~~`r,,..,,~p~•,~ / 6g,v_ 7 _ :~- Utz: S- z2- -~? / /~l~ )~1~ ~% . ~ (, ~. r I`'`. ~~~1 1 Dannie Corc Calczado P. l~ 1 ~~ LlF COt~~`,P~~``` ~/~It11111111~ ~= t 2° 35~ 53~~ R,= 469.30 L'= 103.33 ~ . Ch= S 54°05 Ob E 103.12 W F- }- ZZ W W ~ U W J ~ ~ Q W U t.U ~ ~ ~ ~+ e All of Lot E and Lot F, Amended Hap of Sheet 1 or 2 of VAIL VILLAGE, SECOND FILING, according to the map therQof recorded in the office of Eagle Cqunty, Colorado, Clerk and Recorder I EXHIBIT "C" ,. ,. _.. ~- ~,,, - sow -_ ------_---- _, FRoM,. L_~ ORDINANCE NO. 9 Series of 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 23, THE VAIL NATIONAL BANK BUILDING, AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, application has been made to amend Special Development District No. 23, commonly referred to The Vail National Bank Building; and WHEREAS, in accordance with section 18.66.140 the Planning and Environmental Commission held a public hearing on the proposed amendments and has submitted a recommendation to approve said amendments to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE. TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendments have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 3. Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows: The development plan is comprised of those plans submitted by Sidney Schultz- Architect AIA, and consists of the following documents: 1. Architectural Plans designated as Sheet Al through A5, dated April 10, 1989. 2. Landscape Plan drawn by Dennis Anderson Associates, Inc., dated April 10, 1989, revised May 12, 1989. 3. Architectural Plans designated as Sheet B1 through B2, dated December 26, 1989. Section 4. Section 5, Paragraph E. of Ordinance NO. 9, Series of 1989 is hereby amended to read as follows: E. Parking Parking demands of this development shall be met in accordance with the off-street parking requirements for specified uses as stated in Section 18.52 of the Vail Municipal Code. Five parking spaces required by this development shall be provided in the Vail Valley Medical Center parking structure. Section 5. Section 6 of Ordinance No. 9, Series of 1989 is hereby amended by the addition of subparagraphs 5 - 12 to read as follows: 1. The owners receive a Colorado Department of Highways approval for their access permit request before a building permit is released for the proposed bank expansion. 2. The uses allowed under Special Development District No. 23 with the underlying Commercial Service Center zoning shall be limited to: A. Professional offices, business offices, and studios. B. Banks and financial institutions. C. Business and office services. D. Travel agencies. E. Additional offices, businesses, or services determined to be similar to permitted uses. Retail businesses are specifically not allowed as a use with Special Development District 23. 3. Any landscaping that dies within 2 years of the transplanting shall be replaced with a similar size and type material by the owners of the bank. In respect to the cottonwoods, if .they die, three new trees having each a diameter of 8 to 12 inches shall replace the existing trees. The height of the new trees shall be a minimum of 25 feet. 4. If the loading zone is relocated in the future, the new location shall be approved by the Planning and Environmental Commission and Town Council using the major amendment to a Special Development District review process. 5. The Vail Valley Medical Center (VVMC) shall submit an application for modification to its conditional use permit allowing an additional 2-1/2 levels of parking. 6. The VVMC submit plans showing such 2-1/2 levels of parking. 7. The Vail National Bank Building exercise its option to purchase or use in perpetuity the number of spaces from VVMC necessary to conform to zoning requirements for the addition approved by this ordinance. The Town Attorney shall review the purchase or use agreement in order to assure that the agreement will satisfy the parking requirements of the Vail National Bank Building. 8. The VVMC receive all approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and that WMC apply for and receive such permit. 9. The Vail National Bank Building shall not occupy the expanded premises as shown on architectural plans B-1 and B-2 unless VVMC has commenced construction and has continued construction on its parking structure. 10. The Vail National Bank Building agrees to move out of the expanded premises if they can not occupy the parking spaces at VVMC on or before December 1st, 1990. 11. The Vail National Building provide a letter from the Holiday Inn or a suitable substitute allowing the use of five parking spaces from the date of occupancy of the expanded premises to December 1, 1990. The lease of these five spaces shall conform with section 18.52.170 of the Municipal Code. 12. The above conditions be satisfied prior to the issuance of a building permit to The Vail National Bank Building. Section 6. If any part, section, subsection, sentence, clause of 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 by declared invalid. Section 7. 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 inhabitants thereof. Section 8. The repel or the repeal and reenactment of any provisions of 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 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 9. 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 PASSED ON FIR5T 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 Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor 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 town of uai 75 south frontage road vail, Colorado 81657 (303) 479-2105 office of town manager TO: VAIL TOWN COU~`~ FROM: PAM BRANDMEY R DATE: 28FEB90 RE: APPOINTMENT TO LOCAL LICENSING AUTHORITY Bill Bishop is reapplying for a two-year appointment to the Local Licensing Authority for the Town of Vail, originally having been appointed in March of 1988. His attendance record is as follows: PRESENT ABSENT March - December 1988 14 2 January - December 1989 14 2 January - February 1990 2 0 _.____ ~~,, a~ao~yo WILLIAM F. BISHOP Gv,,,a 1 ~L-~,,, C~.,p t..._ ~...Q. ~ ~ ~ ~ ~~ CONTING TOWN OF VAIL COUNCIL CONTINGENCY REPORT as of March 2, 1990 ACCOCTNT -------------------------------------------------------------- 01-0100-52857 Original Budget $100,000 USES: O1-8300-52807 Vail Athletic Ambassador Program 5,000 O1 -2100-51210 Vail Affordable Housing Study 10,500 01-21[10-51210 Eagle Co. Housing Needs Assessment 1,[100 O1- 3310-51210 Fire Services Analysis 29,500 O1 -3110-50100 Hot Winter Nights Promotion 240 O1- 830[1-52821 'Special Events Coordinator 30,(100 O1- --- 5110-51210 --------- People Mover UMTA Grant Application 10,000 -- --------------------------------------- Total Contingency Used --------- 86,240 Council Contingency Remaining: $13,760 Additional items which may need to be paid from this account or budgeted through a supplemental appropriation: - Cleanup Day $10,000 ~~, ,~ Chamber of Commerce To All Vail Chamber of Commerce Members: ttfCO FEB 2 8 X90 We will be having a Special Membership Meeting on Tuesday, March 6 at 5:00 P.M. held ~ at Manor Vail Lodge. The purpose of this meeting is to discuss options and opportunities for the Chamber's future as part of the suggested Valley-wide organization. This will be a very important meeting and we urge you ~ to attend. Thank you. aren Morter Executive Director Vail Chamber of Commerce 241 East Meadow Drive, Suite 301, Vaii, Colorado 81657 303/476-1000 TOPIC 8/1 BANNER POLES IN THE VILLAGE AND LIONSHEAD (request: Slevin) 8/8 UTILITIES UNDERGROUNDING FOR ARTERIAL BUSINESS DISTRICT 8/8 WEST INTERMOUNTAIN ANNEXATION (request: Lapin) 8/15 UVCWD/TOU LAND CONTRACT 8/15 NO SMOKING ORDINANCE 11/14 SALES TAX FOR FUND RAISING EVENTS FOR NON-PROFIT ENTITIES 12/5 COUNCIL COMPENSATION 2/13 TIME PARAMETERS FOR COUNCIL MEETINGS {request: Rose) 2/13 EXTENDED LATE NIGHT BUS SERVICE 2/13 JAKE BRAKE ORDINANCE (request: Gibson) WORK SESSION FOLLOW-UP ESTIONS FOLLOW-UP 3/2/90 Page 1 KRISTAN/STAN: Arrange location and placement of permanent banner poles in Lionshead. KRISTAN: Provide costs to individuals to convert to underground. Provide firm number for TOV's portion by budget time. Inventory all above- ground wiring. LARRY: Proceeding w/legal requirements for annexation. RON: Contract in final stages of negotiation. LARRY/SUSAN: Organize study group to examine voluntary options. STEVE/DANI: Bring back to Council for more discussion. LARRY/RON: Explore possibilities for raising compensation of Councilmembers. LARRY/RON: Define time procedure for conduct of meetings. STAN/SKIP/CAROLINE: Press releases + mailers to lodges, restaurants, etc., with report to Council at 3/6/90 Work Session regarding ridership. LARRY:. Research/prepare. Ampersand has photo study far banner poles completed. Meeting with consultant held Jan. 11. The members of the Lionshead Merchants Association like the design plans. Staff will make a presentation to Council at the March 20 Work Session. Received letter from New Electric detailing costs for each property. Community Development will write letters to property owners for their response. Council will discuss March 6. AMOCO has agreed in writing to participate. Petitions are being circulated. Larry and Jim Collins are working on contract. Kent Rose met with UVCWD Board on Dec. 21 and final contract is being drafted. Letter on possible sail contamination problems sent to VVCWD. Ordinance to be submitted to Council for first reading March 20. Ordinance is being redrafted. Ordinance being developed for Council action on March 20. Ordinance will be presented to Council for first reading March 6. Larry to prepare memo regarding guidelines as discussed by Council. CITIZEN PARTICIPATION to be moved up earlier on evening agenda. Existing ordinance to be reviewed. News releases and mailers done. Report scheduled for March 6. Research to determine current laws on fake brakes to be completed by March 13. 2/13 EMPLOYEE HOUSING/DISTELHORST I KRISTAN: Clarify town process currently underway. I Kristan talked to Dr. D. Meeting with landowner is set (request: Gibson) for March 7. WORK SESSION FOLLOW-UP TOPIC ESTIDNS 2/20 UILLA CORTINA LETTER 2/20 JOINT MEETING COUNCIL/UMRD KENT/KRISTAN: Kent to respond. PAT: 1. Develop design/cost structure for construc- tion of public restroom/shower facility/storage at athletic field - return to Council for reprioritization for capital projects. 2. Apply in writing to Council re: ground lease of Booth Creek 9 hole par 3 golf course. 2/27 COUNCIL CONTINGENCY FUND 2/27 UALLEYWIDE CHAMBER MEETING 2/27 PARKING BV CHESTER HOUSE ON MILL CREEK CIRCLE 2/27 SATELLITE POST OFFICE (request Osterfoss) LARRY: Prepare amendment to TOU/UMRD agreement re: transfer of mill levy and not holding an election within the required 2 year period of time. KRISTAN: Working w/UMRD staff, implement multi- point methodology for procedure to be used in regard to UMRD building on TOU land. STEVE B.: Time for another update? Two more approvals - I) Up to $30,000 to URA; 2) $29,500 for Fire Analysis RFP. Can't be much left! COUNCIL: A Councilmember needs to attend. KEN/GARY: Who has signed parking in this area? Who is enforcing? Perhaps these NO PARKING signs are illegally installed? RON: Pursue station "in town" and/or increase summer bus service? 3/2/90 Page 2 FOLLOW-UP SOL Kristan has drafted response for Kent. Pat has developed these and will have ready in a week. Pat is working on this. Larry and Steve Barwick are working on the amendment. Kristan is working on this. Steve will present to Council March 6. Rob will continue to attend weekly Wed. A.M. meetings until 4/1/90, when Tam will take over. Report to Council March 6. Meeting to be set up with Ernie Ghavez. 2/27 SNOW DUMP ON GORE CIRCLE I STAN: If this is being used as temporary cul-de-sacl Memo to Ron about what happened by .March 6. (request: Gibson) snow storage, please remove. ~K~ocC~~.sS~~ ~~~-,moo February 28, 1990 Mr. Larry Eskwith Town Counsel, Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Larry, In accordance with our conversation of earlier this morning I will continue to postpone taking the draft Beartree Lot exchange legislation for formal presentation to the Congressional delegation. I hope this delay will assist the Town in possibly reaching some agreement with us which addresses their open space concerns. I also want to reiterate my offer to meet with Mayor Rose or interested Town Council members to explain the proposal and/or discuss language which might alleviate the problem. I have a great deal of experience in drafting legislative proposals and believe something on the order of the language I sent you last week might be effective in meeting the Town's concerns. I would note, however, that because the proposed exchange would enable the public to acquire up to 3 1/2 square miles of lands for the one acre parcel in Vail, there is a great deal of interest in the environmental community in having the proposal presented to Congress in the near future. This is especially true in that the exchange proposal would save substantial tax dollars that would otherwise have to be spent (if they are even available) were the United States to purchase the approximate 2,000 acres. So it is important for me to begin meetings in Washington, D.C. in the near future. Finally, as a part-time resident and taxpayer in Vail, I should State tr'iat i aTii lii Syuipat~'iy with th2 TGWii'S open Space COiiCernS. However, in this particular case, where only one single family residence in an unobtrusive location would be the end result of the exchange in Vail, and so much new public land would be acquired in return, I strongly believe that the community's open space will not be jeopardized, nor an adverse precedent set. Si er ly,/~, / . Andy Wi sner cc: Mr. Michael Tennenbaum 1420 Trinity Place • 1801 Broadway • Denver, Colorado 80202 • 292-9611 1455 Pennsylvania Ave. N.W. • Suite 950 • Washington, D.G. 20004 •202/639-8899 4t ® 650 Thatcher Building • Pueblo, Colorado 81003 • 303/545-9330 a• s i I ai. ~ ~ COIC~r~GU en~,•~ronme~ltcl co ~ ~ition 77 7 Grant Stre 'i. Suite S06 Denver, Colorado 30203-3513 ~ 837-3701 Anry Wiessne-• 14;'0 Trinity Place 18tJI Broadwa~• Deliver, Co1oi•ado 80202 February 19. 1990 Dear Mr. Wiessner: rtt~~~ MAR - 1 1990 The Colorado Environmental Coalition strongly supports the proposed federal acquisition of several parcels of environmen- tally sensitive lands throughout Colorado in exchange for one acre of land in Yail on which a single family .residence will be built: The parcels that would be acquired by the federal government will greatly enhance both the recreational and environmental values of the surrounding public lands. Included in the proposal is acreage within the Spanish Peaks Wilderness Study Area of the San Isabel National Forest. The tracts of land will help eliminate inholdings with in this spectacular :proposed wilderness. Spanish Peaks is especially suited for wilderness because of its outstanding natural features and exceptional opportunities for primitive recreation. The Spanish Peaks were formed by the intrusion of volcanic material into sedimentary layers which uplifted the peaks and caused spectacular -erosion.-° This area offers unique scenery and landforms to hikers,'~~~horseback riders, and photographers alike. The acquisition, o.f these••inholdings will insure that future generations can.•enjoy the natural the beauty of .the Spanish Peaks. Some of Colorado's finest fishing, white water rafting and kayaking .can be found along the Cache La Poudre Wild and Scenic River in ~•the Roosevelt National Forest. Your proposal will help protect this outstanding river corridor with the acquisition of 180 acres of terrain near Elkhorn Creek. The Colorado Environmental Coalition is particularly happy to see that your proposal includes the Mantle Ranch inholding within Dinosaur National Monument. The Mantle Ranch in Moffat County occupies a prominent position along the Yampa River. This tract provides access to Colorado squawfish spawning areas, as well as, wild peregrine aeries. The ranch is also renowned for its cultural resource. Acquisition of the tract would not only protect two of the most important inholdings within Dinosaur National Monument, it would allow the federal government to acquire grazing rights for 32,520 acres of land within the monument. "~ium3nicv belunc~s to ?arth. not earth to humanity" ~.~. The Synder Ranch is another important tract of land. to the Coaliticn. This 4~j0 acre parcel in the San Juan Resource Area along tie Dolores River Canyon offers outstanding recreational benefits inc]udinc ti=ishing, boating, and hiking. Althougf the Co orado Environmental Coalition is not very familiar with the ether tracts included in the exchange, we are sure that, because of their proximity to outstanding natural or recreational area., they are also prime tracts for acquisition. The Coalition would like to offer its wholehearted support for the exchange. We fail to understand why-anyone would oppose such an exchange which is obviously in the best interest of Coloradans. For one acre of property along the ski slopes of Vail, Coloradans will 'be given the privilege of protecting some of the state's most remarkable natural and recreational areas. I would personally like to thank you for putting together this innovative exchange. Please just let me know how the Coalition can help insure passage of the Congressional legislation authori- zing the exchange. Sin ere y o s, K it K o 0 Public Lands oordi atom RECD MAR - 1 1990 ~IEn~ ~ =~ ., ~,~, ; : ,, LT T R SIER R,~ ~ ~~w "~LU~I~ ~ %~ ~ V L ~ ~ 1' Rociry Mountain Chapter 777 Grant Street Suite 606 Denver, Colorado 80203 303 • 861 •8819 February 8, 1990 To Whom It May Concern: The Rocky Mountain Chapter of the Sierra Club supports legislation directing the exchange of the "Heartree Lot" in Eagle County with offered lands in ttie Spanish Peaks Wilderness Study Area, Cache la Poudre Wild and Scenic River corridor, Dinosaur National Monument, Dolores River Corridor, Arapaho National Recreation Area, and adjacent to the Indian Peaks Wilderness. The public good is well served by the acquisition of these offered lands as incompatible uses have or are proposed for them that compromise the integrity of surrounding federal lands of great natural resource value. The offered lands in the Spanish Peaks wilderness will alleviate the primary concern by Forest Service personnel and Congressional staff with wilderness designation of the area. Currently, there is concern that management of the area as wilderness could be undermined if incompatible development occurred on these inholdings. Wilderness designation of Spanish Peaks is a high priority of the Sierra Club. The Mantle Ranch in Dinosaur National Monument has long been a key target for acquisition by the National Park Service. Backcountry and river users of the Monument have noted the visual intrusion the ranch currently poses in an otherwise remote region of the Monument. Acquisition of this parcel will greatly enhance the visitor experience in the Monument. . The Rocky Mountain Chapter of the Sierra Club urges that this exchange be pursued expeditiously.~.~The Rocky Mountain Chapter consists of the 11,000 Sierra Club members in Colorado. Members are organised into groups by region across the state. The Sierra Club groups which include both the selected,and offered parcels strongly support the land exchange. Sincerely, ~~~~ Mark Pearson Wilderness Chair Rocky Mountain Chapter, Sierra Club town o uai 75 south frontage road vail, Colorado 81657 (303) 479-2136 MEMORANT)TTM T0: VAIL TOWN COU~i6~ FROM: PAM BRANDMEYE DATE: 28FEB90 RE: VAIL NATURE CENTER FEE SCHEDULE Following her meeting with VMRD on Wednesday, February 28, 1990, Ann Sanders, principal at Red Sandstone Elementary School, asked that her letter requesting a waiver of fees for use of the Vail Nature Center be forwarded to Council. At that meeting, VMRD board members elected to lower the fees from $1.50 per child to $1.00 per child. In the past, no fee has been charged. Additionally., the Board instructed Pat Dodson to inquire of the Jerry Ford Invitational directors whether some funds generated by this tournament could be contributed to the school to offset the future cost of public school use of the Vail Nature Center facility. This does not remedy the problem this year, nor is there absolute certainty of future funding by JFI. ,, February 28, ~ 99U Vail Metropolitan Recreation District 292 West Meadow Drive Yai 1, Colorado 81657 Dear Members of the Board, i 551 N. Frontage Rd. West Vail, Colorado 81657 303-476-0650 Ann Marie Sanders, Principal Within our school system there is a belief that a strong bond between community, home and school nurtures children who grow to become effective, involved citizens. Beyond that members of the staff of Red Sandstone Elementary believe the interaction and communication within the Yail community enriches our students' educational experience. Shared responsibility for the community is stressed at each grade level. Lessons include participating in events within our local environment. Teachers have planned and organized activities in conjunction with local groups including the Town of Vail, the Vail Chamber, the Lionshead Business Association, lodges and other businesses. During the World Alpine Ski Championships last year the children took an active role as ambassadors. We gathered food and toys, caroled, decorated and entertained residents and guests during the holidays. Further we plan our annual participation in the Town of Vail Cleanup effort this spring. Our community has given generously of time and expertise as well. Throughout the school year we have representatives of many of groups "teaching" our children about the structure of government, the history of the Vail Valley, and the economy unique to growing up in a resort community. We gladly relinquished our positions as teachers to over thirty members of the community who "took over" the school for an hour early in February to share professional skills and hobbies to expose the entire student population to ActiveLifeslyles Needless to say, we couldn't have "afforded" the professional rate these individuals could have asked. Nonetheless if you ask any one of the participants (adult or child) the bond was strengthened. We have valued our relationship with the Vail Nature Center as one of the educational treasures of the Yail Valley. Trips to the Yail Nature Center have become an eagerly anticipated event. Students revel in the hikes, chirp in conversation in the aviary areas, and scrutinize the animal exhibits. What makes it especially meaningful ~is the talk by the Nature Center Naturalist who teaches them to use their senses in nature, understand ecosystems, and realize we live in a "Life zone" with plants and animals who have adapted as humans must to live at 8,100 ft. Now if you asked a child what he or she learned they most likely say, "The trails are great. The pancakes made with "real" seeds were delicious. It was a lot of fun." Red Sandstone Elementary School page This is the beauty of fine teaching. WE (the adults) know it has been much more than that! There as an appeal couched within this statement. We oppose imposition of a fee for admittance to the education classes offered by the Nature Center. We tour and receive lessons from other departments within the town as a community service. It is important that children know what services are provided by the police and fire departments, the libraries, and other town agencies. We need to follow in the tradition of other municipalities, such as Denver, who provide these services to the local children as a part of the public school experience. isn't the same true of understanding the enviornment? World leaders have express concern for our world environment. President Bush pledged during his campaign to convene a world environmental conference that would include the Soviet Union and China. Our Nature Center does so much to promote those positive behaviors and attitudes right in our own backyard as it were. Environment is an issue of the nineties; one our children will encounter as a matter of course. Profit will come to the TOV as a result of the foundation of knowledge we give our children. We believe commitment to learning is imperative. In light of the large amount of funds that were recently appropriated to research facilities to enhance the Vail Valley we believe that spending priorities should be reexamined and the $1.50 admission fee for educational programs should be waived. We KNOW the community supports its children. We believe this is one of the most fundamental and profitable enhancements available to our valley. Thank you for your time and consideration. Sincerely, ~~~~ ~~~~ The Staff Red Sandstone Elementary School cc. Yail Town Council Members ST~TF OF COLORADO DEPARTMENT OF HIGHWAYS ~T ~y 222 South Sixth Street, P.O. Box 2107 - ~ `J ~ ~~ Grand Junction, Colorado 81502-2107 (303) 248-7208 p' NT 6 ~rE ~, Ca'O~'~ February 28, 1990 Mr. Stan Berryman, Director Department of Public Works/Transportation Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Stan: Thank you for your letter of February 8, 1990 in reference to the sanding of the Frontage Roads in the vicinity of the Main Vail I-70 interchange. The Colorado Department of Highways recognizes the Town of Vail's goal of reducing air pollution, but we are unable to furnish cleaner sanding material because of the excessive initial cost and the added cost of handling a separate material. We will investigate any future opportunity to obtain cleaner material for use in the entire area, but cost must remain a critical factor. We will certainly honor your request to use the minimum quantity of sanding material necessary to maintain safe driving conditions. Your continued cooperation and your interest in efficient and safe highway maintenance are greatly appreciated. Very truly yours, R. P. Moston District Engineer cc: Sanburg file POST 0=F1CE BOX 1: 3 A:'ON, COLORADO 816: 0 x'03-949-13 ,9 RECD FE8 2 ? ~J90 February 26, 1990 Honorable Mayor & Town of Vail 75 South Frontage Vail, CO 81657 Dear Sirs, Town Council Rd. As the owner of most of the cigarette vending machines in Vail, I take exception to the portion of your proposed no-smoking ordinance that restricts the sale of cigarettes through machines. I understand that the reason for this is to try to reduce the availability of cigarettes to minors. In the eight years that I have been in this business, I have never witnessed a minor purchasing cigarettes from our machines. A poll of our employees indicates that they have witnessed what m~ have been a minor purchasing cigarettes a total of two times. I'm not implying that it never happens. I'm sure it does, occasionally. The few times it does occur doesn't warrant putting restrictions on the machines. There are many reasons why minors don't purchase cigarettes from machines in Vail. They include: 1. It is illegal in the State of Colorado for minors to purchase cigarettes from vending machines, and all of our machines have stickers on them indicating this. 2. I believe there is a very small population of minor-aged smokers here. This is based on my own personal observations. I believe this is because of the amount of information currently available on smoking, and most kids are making the decision to not smoke. Additionally, in a small community such as Vail, it is more difficult for minors to smoke without their parents approval. 3. The machines in Vail are generally not in places that minors frequent, such as: hotels, bars and restaurants. Nor would anyone go to those locations specifically to purchase cigarettes, as there are much more convenient locations available. 4. Machine prices are generally 3096 - 70% higher than prices in convenience stores or gas stations, where most cigarettes are purchased. I have attached a copy of a report done on a study of teenage smoking and purchasing habits. I believe the incidence of minors purchasing cigarettes from vending machines is even lower in Vail than the study numbers suggest. .~ Inasmuch as I believe that the problem of minors purchasing cigarettes from machines is virtually non-existent here, I respectfully request that this part of your proposed ordinance be dropped totally. If in the future, a problem arises, I would be more than willing to discuss it and possible solutions at that time. Our policy is to prevent minors from using cigarette vending machines. The other smoking guests that come to Vail, especially Europeans (generally considered heavy smokers) should not be inconvenienced by a law that restricts their ability to purchase cigarettes when no logical reason exists to do so. I will be out of town during the week of March 4th and therefore, am unable to meet with you at your March 6th meeting. Please call me at your convenience before Saturday, March 4th, or after Sunday, March 11th if I can be of further help. Sincerely, Daniel Sunday / President and General Manager NATIONAL ~ e AUTOMATIC MERCHANDISING c ASSOCIATION Serving the Vending / Foodservice management industry RESPONSE RESEARCH STUDY OF TEENAGE CIGARETTE SMOKING AND PURCHASING BEHAVIOR Enclosed is a copy of the findings of a just completed study of teenage cigarette smoking and purchasing behavior. This study was commissioned and underwritten by N A M A to obtain the current facts. about where teenagers under the age of 18 purchase their cigarettes. This is the first comprehensive study of this type since the Gilbert study conducted in 1963 on behalf of N A M A. We think the findings clearly prove that vending machines are the least likely source of cigarettes for minors under the age of 18 who purchase cigarettes. The full study is available from N A M A at a price of $20 per copy. Should you wish to order one or more copies complete the form below and forward with your check. Name Address Street City State Zip Please send copies of the teenage cigarette purchasing study. Enclosed is $ at $20 per copy. Company HEADQUARTERS: 20 N. Wacker Drive, Chicago, IL 60606-3102 (312) 346-0370 FAX (312) 704-4140 EASTERN OFFICE: 11718 Bowman Green Drive, Reston, VA 22090-3501 (703) 435-1210 FAX (703) 435-6386 WESTERN OFFICE: 16030 Ventura Boulevard, Encino, CA 91436-2745 (818) 783-8363 FAX (818) 783-0232 s J RESPONSE RESEARCH STUDY of TEENAGE CIGARE'T'TE SMOKING AND PURCHASING _ " _ -BEHAVIOR - - - - The 1980's have witnessed a substantial change in the American Public's attitude toward smoking cigarettes. Along with this attitude switch have come new laws regulating smoking. This has had an impact on the companies and organizations which are associated with the selling of cigarettes. N A M A, which is the national trade association of the , merchandise vending machine industry, is one such organization which has been affected by this attitude change. It is specifically concerned about proposals to ban the sale of cigarettes through vending machines. The rationale for such a ban is the allegation that many teenagers purchase cigarettes from vending machines. As a result, N A M A commissioned Response Research, an outside, independent marketing firm located at 500 North Michigan Avenue in Chicago, Illinois 60611, to conduct a survey to determine how and where teenagers ages 13 through 17 who smoke currently obtain cigarettes. The study also makes findings about what influences teenagers to begin smoking. It is hoped that the findings presented here will assist interested organizations and lawmakers in getting factual and current data regarding the involvement of vending machines in the smoking habits of teenagers. FINDINGS STUDY OF TEENAGE CIGARETTE SMOKING AND PURCHASING BEHAVIOR June/July 1989 Introduction This study was conducted to determine how and where teenagers who smoke currently obtain their cigarettes. More specifically, this study was done to measure the following: the extent to which teenagers obtain cigarettes by purchasing them, and the portion of the cigarette purchasing that is done through vending machines. Methodology This was a mall intercept study which surveyed 1015 males and females between the ages of 13 and 17 who smoke cigarettes. The number of teens interviewed from each age group mirrored the 1987 Census Data of the teenage population. Additionally, half of the interviews were conducted with females and half were conducted with males. In order to obtain a geographically dispersed sample of teens, the study was conducted in twenty cities throughout the U.S. Two different mall locations were used in each city. One mall was located in an average to above average income area and the other was in an average to below average area. This was done to get the best possible representation of different socioeconomic areas. Overall Findings This study found that vending machines are not a primary source of cigarettes for teenagers. When teens first start smoking, ~ they rely heavily on their friends for cigarettes. After this initial phase, the main source. of cigarettes for teens is an over-the-counter location. Detailed Findings Initial Smoking Behavior • On average, the teens included in this study started smoking at the age of thirteen. There was not a lot of difference between the males and females as to when they started smoking. • The teens were asked to express in their own words the reasons why they started smoking. They indicated that the primary motivator was knowing someone else who smoked (58%). This other person was usually a friend (42%). Social pressure also played a role in the teens' trial of cigarettes • Friends who smoked were both the main reasons why others started and the main source of cigarettes for these new initiates. Almost three in five of the teens (57%) said that their main source of cigarettes when they first started smoking was their friends. Unlike the others, the teens who started smoking before they were ten years old were equally likely to rely on their friends and on family members for cigarettes. • Most of the teens who primarily got their cigarettes by purchasing them when they first started. smoking bought them over-the-counter (84%) and not from a vending machine (only 16%). =~ Current Cigarette Consumption • The teems were asked about their daily and weekly cigarette consumption. On average, these teens smoked half a pack of cigarettes the day before the interview. Additionally, the average male smoked more (11 cigarettes) than the average female (9 cigarettes). • As can be expected, the younger teens smoked less than the older teens. In fact, the 17 year olds smoked twice as many cigarettes as the 13 year olds (14 cigarettes vs. 7 cigarettes on average). • The number of cigarettes that the teens reported smoking in the week before the interview was slightly less than seven times their reported daily consumption. On average, the males smoked just over 3 and a half packs (73 cigarettes) and the females had smoked just over two and a half packs (56 cigarettes); while the youngest teens smoked about half as much as the oldest teens (13 year olds--45 cigarettes and 17 year olds--88 cigarettes). 2 Current Source Of Cigarettes • While friends were initially the primary source of cigarettes, this is not the case beyond the first phase of smoking. The most frequently used source of cigarettes is to purchase them. Nearly three-quarters of the teens (72%) reported that they bought cigarettes more often than they used other methods of obtaining cigarettes. Furthermore, there was little variation on this measure between males and females. However, the older teens were more likely than the younger ones to buy cigarettes frequently (60% of 13 year olds vs. 85% of 17 year olds). And, very few of the 17 year olds (5%) never buy cigarettes. • While friends are not the primarily source of cigarettes once teens have established their smoking habit, they are an important secondary source. Almost half of the teens (45%) rely on friends occasionally for cigarettes. Friends are of particular importance to the younger teens. Almost four out of five 13 year olds (79%) go to their friends often or occasionally for cigarettes. • Family members are not a significant source of cigarettes for teens regardless of their age. Cigarette Purchasing Behavior • Frequent Purchasers, those who buy cigarettes often or occasionally, rely much more on over-the-counter sources than on vending machines. Almost two-thirds of the Frequent Purchasers (64%) buy over-the-counter often whereas only one in eleven (9%) buys from a vending machine often. • Over-the-counter sources are used more by the older teens than by the younger teens. Over three-quarters of the 17 year olds (78%) buy over- the-counter frequently whereas only half (46%) of the 13 year olds do. • Those who purchase over-the-counter often or occasionally cited four locations as the ones they go to most frequently: convenience stores (43%), gas stations (29%), grocery stores (11%) and drug stores (6%). • As mentioned, less than one in eleven Frequent Purchaser uses a vending machine often. In fact, over three-,quarters of the Frequent Purchasers (78%) seldom or never buy from a vending machine. Of course, this varies by age. The 13 year olds are the most likely to use vending machines (22% do so often) and the 17 year olds are the least likely (2% do so often). • The primary location of the vending machines used by teens is a restaurant or other eating establishment. Almost half (47%) of those who buy from a 3 vending machine often or occasionally go to a restaurant most often. Bowling alleys (11%) and gas stations (11%) are also popular locations. • Those who use over-the-counter locations often or occasionally gave their reasons for this usage. There were three main reasons: they are convenient (31%), they will sell them to the teens (18%), and they prefer these locations because they dislike vending machines. • Those who seldom or never bought over-the-counter did not buy from this source more frequently primarily because they were underage and felt they would be asked for an ID or hassled in some other way (59%). • Teens who bought from vending machines often or occasionally found this source to be attractive because no one will stop them from buying cigarettes this way (56%). • The teens who seldom or never bought from vending machines did not buy there because they felt that these machines were not conveniently located (48%) and cigarettes in machines were more expensive than those sold in stores (35%). Difficulties Encountered When Trying To Buy Cigarettes The teens who buy cigarettes (often, occasionally or seldom) were asked if they had ever been prevented from buying cigarettes. Three in five of them had, with more 13 year .olds having been refused (71%) than 17 year olds (50%). • Those who had been refused were asked if ,they had been refused when buying over-the-counter and/or from a vending machine. Virtually all of these teens (98%) had been refused when buying over-the-counter, while about one in nine (11%) had been prevented from buying from a vending machine for a reason other than that the vending machine was broken. Teen Awareness Of Cigarette Purchasing Laws • Three-quarters of the teens (76%) "were aware of a state law which prohibited certain kinds of people from buying cigarettes. When asked what the law said almost everyone (95%) indicated that it required the residents to be a certain age in order to buy cigarettes. 4 Parental Awareness and Approval Of Their Teenager's Smoking • The teens were asked who else in their family smoked. Only 15% said that no one else did. Almost half of the teens had a father and/or mother who smoked (49% and 45%, respectively). • As away of determining whether or not their parents were aware of their smoking and approved of it, the teens were asked if they were permitted to smoke at home. Almost two in five teens (38%) were allowed to. The portion of teens who could smoke at home varied by age. Less than a quarter of the 13 year olds (22%) were able to while over half of the 17 year olds (54%) could. • Additionally, almost half (45%) of the teens were permitted by their parents to purchase cigarettes. This too, varied by the age of the teen. Almost two- thirds (64%) of the 17 year olds were permitted to while only a quarter of the youngest teens could. • When asked where they got the money for their cigarettes, three main sources came up: a job (63%), from parents/mom/dad (26%), and from one's allowance (26%). Since the older teens are the most likely to hold jobs, this was their primary source of cigarette money, wheras the younger teens relied more on their allowance and their parents. The complete study including the questionnaire and methodology used and a description of the pretest is available upon request at a price of $20 from the National Automatic Merchandising Association, 20 North Wacker Drive, Chicago, Illinois 60606. 5 ,- The Tyr~leaq Iqq AECO MAR - 1 1990 ncnc~go vail,colw-aAosl658 476-zzo4 February 26, 1990 Ladies and Gentlemen of the Vail Town Council; On March 6th, the Vail Town Council will once again consider an ordinance to limit smoking in public places, excluding restaurants. My understanding is that this ordinance is to carry a X500.00 fine for offenders, The restaurant community has successfully regulated itself by eliminating ashtrays and posting stickers an the menus asking guests to comply with establishmnt rules reguarding smoking. We have offended no one, and by communicating instead of legislating, we have had tremendous success. Many of the local shops have had no smoking signs for years, The shop owners have had no problem limiting smoking without the interferance of .the local government, If this ordinance is paW4ed, will police officers be standing in public places issuing summonses to offenders? 63hat will this cost the taxpayer? The silent majority responds well to reasonable rules and regulations from privy#e enterprise. R small self-interest minorty should not rule our community, no matter how vocal they can get, Next would be an ordinance forbidding eating meat, wearing furs, leather, or even perfume. Freedom of choice so long as it is not at the expense of others, isn't that the real issue? Rspen has finally had enough of their Mayor, his wife, and a few members of the town council, They have spent time passing :.ordinances far small, self-interest groups and have neglected the real needs of the town. Dn February 13 of this year, the Aspen voters spoke loud and clear. Le#'s Iearn from their mistakes. We need to address the important issues of our community, plan for economic growth in a clean environment, and keep our streets safe from criminals and drug dealers, I do not .see where chasing down smokers and fining them X500,00 is going to help the Town of Vail. In Rmerica, we preach to the world how precious freedom of choice is, Let's practice it or we are heading in the wrong direction. Sincerely, Pepi Langeg R concerned citizen TM ~,. tawo a rai '~ 75 south frontage road vail, Colorado 81657 (303) 479-2158 department of public works/transportation MEMORANDUM /~ 1~2 VAIL 1989 TO: FROM: DATE: RE: Ron Phillips Skip Gordon,+f~l 3/2/90 1990 Ridership ' Compared o 1989 Below are statistics showing total ridership for 1990 compared to that of 19 89 for the month of FEBRUARY. INTOWN EAST VAIL WEST VAIL SANDSTONE 1989 363,136 63,981 76,394 30.668 1990 342,338 67,046 63,748 34,223 DIFFERENCE 20,798 3,075 12,646 3,555 6% DOWN 5% UP 16% DOWN 11% UP GRAND TOTAL 1989 Intown, East Vail, West Vail, Sandstone 534,179 1990 Intown, East Vail, West Vail, Sandstone 507,365 DIFFERENCE 26,814 5% DOWN SG/pab cc: Stan Berryman Charlie Wick Caroline Fisher SALBSTAX Revised: 1/12/90 TOWN OF SAIL SALBS TAI BSTINATION WOBgSBBBT ~ X Change X Change NONTB -- -------- 1980 ----------- 1981 ----------- 1982 ----------- 1983 ---------- 1984 ----------- 1985 ----------- 198fi ------------ 1987 ------------ 1988 ------------ 1989 ----------- 1990 ; BDDGBT 1990 fro® Eros ACTDAL Variance 1989 Budget January ----------- 626,448 ----------- 514,102 ----------- 675,186 ----------- 696,752 ---------- 742,262 ----------- 881,304 ----------- 890,585 --- -- 1,063,196 1,126,496 1,436,328 --------------- 1,508,000 ---------------------------------------- 1,568,000 60,060 9.2X 4.0~ Subtotal 626,448 514,102 675,186 696,752 742,262 881,304 -- ----- 890,585 ------------ 1,063,196 ------------ 1,126,496 ----------- 1,436,328 --------------- ; 1,508,000 ---------------------------------------- 1,568,000 60,000 9.2~ 4.0~ February 624,040 594,292 687,792 751,856 824,650 918,154 946,552 1,135,786 1,205,101 1,532,394 1,535,000 Narch 683,000 697,464 853,648 977,828 1,084,814 1,18T,520 1,316,652 1,378,782 1,591,705 1,992,245 ; 1,990,000 April 246,820 308,436 355,300 319,546 481,204 531,668 430,877 425,961 550,205 549,660 575,000 Nay 89,180 135,774 147,378 156,588 166,200 162,912 244,987 245,518 170,567 201,615 ; 210,000 June 176,044 245,204 247,326 257,744 262,696 280,828 361,627 331,581 329,039 407,623 410,000 July 281,846 339,418 349,116 407,474 406,462 447,815 479,507 479,201 559,683 656,127 675,000 August 268,052 332,724 348,756 384,338 402,792• 386,985 512,513 536,904 575,887 653,560 675,000 Septeaber 176,090 285,918 268,598 324,670 384,864 340,102 374,060 442,402 422,502 514,181 517,000 October 137,376 225,024 223,830 198,614 206,248 209,282 237,504 273,951 291,204 294,788 ; 300,000 Noveeber 140,630 210,254 245,894 281,704 310,588 229,083 376,657 386,270 376,235 422,356 430,000 Deceeber 590,242 820,762 737,506 853,100 906,758 905,955 1,167,280 1,245,612 1,455,948 1,637,365 ; 1,635,000 TOTAL 4,039,768 4,709,372 5,140,330 5,610,214 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,298,242 ; 10,460,000 1,568,000 60,000 ------------------------------------------------------------------------------------------------------------------------------------------------------------- ~, lawn a uai '~ 75 south frontage road vall, Colorado 81657 (303) 479-2158 department of public works/transportation MEMORANDUM TO: Vail Town Council Ron Phillips FROM: Stan Berryman ~~ Skip Gordon DATE: March 6, 1990 SUBJECT: Extended Late Night Bus Service i4 ~:'- V,AIL 1989 As directed by the Vail Town Council, we began providing extended, late night bus service on Saturday, February 17th. Following is a summary of service and ridership: Average ridership East Vail 17/night Average ridership West Vail 25/night Average total ridership 42/night Average hours of service 4/night Average operating costs $45/hour Average cost per passenger for extended late night bus service $4.28/passenger For comparison, we have included cost per passenger data from the Eagle County Transit System as well as cost per passenger data from a 1987 Leigh, Scott, Cleary study of Winter Resort Transit Systems (see attachments). System Vail Minturn Edward Eagle Avon Cost per Passenger 1988-89 Eagle County Transit .17 .19 11. $6. 8 13.4 $1.9 0 2 4 6 8 10 12 14 16 18 20 LEIGH, SCOTT, & CLEARY, INC. 1987 Total Annual Ridership Winter Park Vail Telluride Sun Valley, ID Summit County Steamboat Springs Snowmass V11age Park City, Utah Mammoth Lakes, CA Jackson, Wyoming Durango Crested Butte Eagle County RFTA 0.0 0.5 1.0 1.5 2.0 2.5 3.v Total System ~~nnual Ridership (Millions) 19s7 Winter Resort Tran:~it Systems LEIGH, SCOTT, & CLEARY, INC. 1987 ' Operating Oost per Passenger Winter Resort Transit Systems Winter Park Vail Telluride Sun Valley, 1 D Summit County Steamboat Springs Snowmass Vllage Park City, Utah Mammoth Lakes, CA Jackson, Wyoming Durango Crested Butte Eagie County RFTA Na 0.42 $2. 8 i, $1. 1 $1.79 $ .84 0.89 $1. 3 $ .80 $2. 3 3.42 $ .81 2.94 $1. 9 $0.00$0.50$1.00$1.50$2.00$2.50$3.00$3.50$4.00 Operating Cost per Passenger (1987) lows 01 uai 75 south frontage road vail, Colorado 81657 (303) 479-2105 office of town manager Ms. Anne D. Fitz Sales Associate Gore Range Properties, Inc. Vail 21 Building 511 Lionshead Mall Vail, Colorado 81657 Dear Anne: March 5, 1990 I received a copy of your letter to Kristan Pritz regarding the Design Review Board interviews and appointments. I regret hearing of your skepticism surrounding the process, though appreciate your taking the time to share these views. I feel obliged to state that all applicants for appointments to Town boards and commissions receive serious consideration by the Town Council. The real estate community role is valued by the Town of Vail and, according to my observation, the real estate brokers and agents are in no way discriminated against. As you are undoubtedly aware, many individuals from Uail's real estate community play, and have played, active roles in boards and commissions appointed by the Town. Three members of the previous Vail Town Council were, in fact, members of the Uail Board of Realtors. On behalf of the Vail Town Council, let me reiterate appreciation for your interest in Town government. Again, I regret the negative perceptions you have received and encourage you to stay involved in municipal matters. Thank you again for taking the time to let us know of your concerns in this regard. Since , w ~ Rondall U. Philli s Town Manager RUP/bsc Core Range ~~ Bettam-es P>fopert~es, InC. ~ ~ ~ and GardensQ Vail 21 Building, 511 LionsHead Mall, Vail, CO 81657 Telephone (303} 476-2482 Ms. Kristin Pritz Tawas of Vail Community Development 75 So. Frontage Road Vail, CO 81657 Dear Kristin, Many thanks for recommending n,y application Eor resign. Review Board. This Tues. interview, however, would be my third and 1 have to offer some scepticism on the process since pat Harrington was given a position last year and was not present far the interview Y made time for. I was also told by a very good source that real. estate brokarslagents were not thought of as the most desirable of applicants by the last town council and I am unwilling to test the sentiments of our newly elected council. Kindly request that Anne withdraw my application as I wil~ot be attending Comorrows interview. Co~diaylly, S~l~s t'A~sociate