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HomeMy WebLinkAbout1990-04-17 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, APRIL 17, 1990 7:30 p.m. AGENDA 1. Vail Metropolitan Recreation District Offer to Return $25,000 to the Town of Vail; Reduction in Town of Vail Recreation Subsidy 2. Presentation of Colorado Tourism Board 1990 Urban Tourism Award 3. Consent Agenda A. Ordinance No. 6, Series of 1990, second reading, an ordinance repealing and reenacting Chapter 8.32 of Title 8 of the Municipal Code of the Town of Vail to expand, strengthen, and clarify Code provisions relating to smoking in public places and places of employment. B. Ordinance No. 11, Series of 1990, second reading, an ordinance re-zoning Lots 3, 4, and 5 of Vail Valley Third Filing, a part of Sunburst replat, to Special Development District No. 24, in accordance with Chapter 18.40 of the Uail Municipal Code; and setting forth details in regard thereto. C. Ordinance No. 13, Series of 1990, second reading, an ordinance repealing and reenacting Ordinance No. 23, Series of 1988, to provide changes to Special Development District No. 22 that concern lot size and corresponding GRFA; and curb cuts; and employee dwelling units; and architectural guidelines; and setting forth details in regard thereto. D. Ordinance No. 14, Series of 1990, second reading, an ordinance repealing Ordinance No. 40, Series of 1987 and approving Special Development District No. 19, Garden of the Gods, in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. E. Ordinance No. 15, Series of 1990, second reading, an ordinance amending Section 2.04.050 of the Municipal Code of the Town of Vail changing the order of business in regular and special meetings of the Town Council; and setting forth details in regard thereto. F. Resolution No. 11, Series of 1990, a resolution ratifying the Articles of Association of the Northwest Colorado Council of Governments. 4. Ordinance No. 16, Series of-1990, first reading, an ordinance amending Ordinance No. 13, Series of 1983, in order to modify View Corridor No. 1; and setting forth the details in regard thereto. 5. National Velvet Dry Cleaners Sign Variance 6. Side and Rear Setback Variance Request for Lot D-7 Bighorn Terrace (Applicant: Kathryn Benysh) 7. Lions Ridge Rockfall Amendment 8. Action on the ABC School Lease Agreement 9. Action on Vail Village Inn Space Lease Agreement CITIZEN PARTICIPATION 10. Adjournment ~~ + VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, APRIL 17, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. UMRD Offer to Return $25,000 to the Town of Vail; Reduction Tim Garton in Town of Vail Recreation Subsidy Pat Dodson Brian Jones Action Requested of Council: None. Background Rationale: One of the goals of recreation consolidation is reduction in the TOV subsidy. 7:45 2. Presentation of Colorado Tourism Board 1990 Urban Tourism Frank Johnson Award Background Rationale: Frank Johnson will present this distinguished award to the Council in appreciation for the Town's support and contribution to the VVMB. 7:55 3. Consent Agenda Susan Scanlan A. Ordinance No. 6, Series of 1990, second reading, an Larry Eskwith ordinance relating to smoking in public places and places of employment Action Request of Council: Approve/modify/deny Ordinance No. 6, Series of 1990, on second reading. Background Rationale: The Council and community have expressed the desire to prohibit smoking in those public areas where the public is frequently found. This is based on a desire to protect the public health and welfare. Staff has worked to accommodate the desires of all interested parties to produce a mutually acceptable ordinance. This ordinance includes the changes from the Work Session 3/27. Staff Recommendation: Approve Ordinance No. 6, Series of 1990, on second reading. This ordinance reflects the interests of Council and the general public as discussed previously. Tom Braun B. Ordinance No. 11, Series of 1990, second reading, rezoning Lots 3, 4, and 5, Vail Valley 3rd Filing, a part of Sunburst replat from Primary/Secondary Residential to Special Development District (Applicant: Debra and Robert Warner, Jr.) Action Requested of Council: Approve/modify/deny Ordinance No. 11, Series of 1990, on second reading. Background Rationale: Minor amendments to Ordinance No. 11 have been made, as directed by the Council at first reading. Staff Recommendation: Denial, as per staff memo. Kristan Pritz C. Ordinance No. 13, Series of 1990, second reading, a request for an amendment to SDD No. 22, a resubdivision of Lots 1-19, Block 2, Lionsridge Filing #3 (Applicant: Mr. Pat Dauphinais, Dauphinais-Moseley Construction) Action Request of Council: Approve/modify/deny Ordinance No. 13, Series of 1990, on second reading. Background Rationale: The PEC March 26th. A motion was made seconded by Dalton Williams to conditions. The Board voted u request. The approval was per following amendments: reviewed this request on by Kathy Warren and approve the SDD with nanimously to approve the the staff memo with the 1) The four additional curb cuts off of Lionsridge Loop are acceptable. 2) The employee units (up to 15) may be located on any lot as long as all development standards are met. 3) Each phase of development shall include a minimum of 1 employee unit until the 6 employee unit minimum is fulfilled. 4) A bus shelter shall be constructed by the developer on the west side of the subdivision entrance in Phase I. 5) Garages for employee units shall be connected to the main structure. 6) The developer shall construct a sidewalk along the north side of Lionsridge Lane beginning at the cul-de-sac and extending to the main entry to the subdivision. 7) At grade, unroofed, unenclosed decks may extend 5 feet into the rear setback for Lots 1-14. Staff Recommendation: At the first reading of the ordinance, Council recommended denial of the four additional curb cuts. The developer has offered an alternative solution to combine curb cuts and limit the maximum number to 5 cuts. Staff supports this solution. Approve Ordinance No. 13, Series of 1990, on second reading. Kristan Pritz D. Ordinance No. 14, Series of 1990, second reading, a request for a Special Development District at the Garden of the Gods on Lot K, Block 5, Vail Village 5th Filing, and a portion of P-2, Block 3, Vail Village 5th Filing, at 365 Gore Creek Drive (Applicant: Mrs. A.G. Hill family) Action Requested of Council: Approve/modify/deny Ordinance No. 14, Series of 1990, on second reading. Background Rationale: On March 26, 1990, the PEC reviewed the SDD request and recommended approval by a vote of 6-0-1 (Connie Knight abstained per the staff memo). Staff Recommendation: Approve Ordinance No. 14, Series of 1990, on second reading. Larry Eskwith E. Ordinance No. 15, Series of 1990, second reading, an ordinance changing the order of business at Council meetings Action Requested of Council: Approve/modify/deny Ordinance No. 15, Series of 1990, on second reading. Background Rationale: The Council felt it would encourage more public participation if Citizen Participation were placed first on the agenda. Staff Recommendation: Approve Ordinance No. 15, Series of 1990, on second reading. Ron Phillips F. Resolution No. 11, Series of 1990, a resolution ratifying the Articles of Association of the NWCCOG -2- Action Requested of Council: Approve/deny Resolution No. 11, Series of 1990. Background Rationale: NWCCOG has asked us to ratify their Articles of Association, per the enclosed letter. Staff Recommendation: Approve Resolution No. 11, Series of 1990. 8:15 4. Ordinance No. 16, Series of 1990, first reading, an Tom Braun ordinance amending View Corridor #1 Action Requested of Council: Approve/modify/deny Ordinance No. 16, Series of 1990, on first reading, for the proposed amendment to the view corridor ordinance, and uphold or overturn the PEC's approval of this redevelopment proposal. Background Rationale: The PEC approved a site coverage variance (6-1), a stream setback variance (6-1), a conditional use permit for an outdoor dining deck (7-0), and an exterior alteration (5-2) to facilitate the redevelopment of the Red Lion building. The view corridor amendment is also required as a part of the project's approval process. Staff Recommendation: Staff has recommended approval of the view corridor amendment and the overall redevelopment of this building. The two memos included in the packet outline specific issues relative to this project. Approve Ordinance No. 16, Series of 1990, on first reading. 8:35 Shelly Mello 5. National Velvet Dry Cleaners Sign Variance Action Requested of Council: Approve/deny variance request. Background Rationale: On April 4, 1990, the DRB reviewed a sign .variance request from National Velvet Dry Cleaners in the West Vail Mall. The request was for 1) 1 sq. ft. of signage over the allowed 10 sq. ft.; 2) a change in location from the business frontage to the east facing parapet wall; and 3) an increase in height of 6 ft. over the allowed 8 ft. The DRB recommends approval of the request. Staff Recommendation: Staff recommends approval of the height and location request. However, we do not feel that a variance for size is warranted because of the size of the minimal business frontage. 8:50 Shelly Mello 6. Side and Rear Setback Variance Request for Lot D-7 Bighorn Terrace (Applicant: Kathryn Benysh) Action Requested of Council: Approve/deny variance request. Background Rationale: On April 9, 1990, the PEC voted unanimously to approve a variance from the side and rear setback requirements. The lot is currently zoned medium density multi-family and has 20 ft. setback requirements which greatly restrict development on these lots. The zoning was imposed when the area was annexed. Staff Recommendation: Staff recommends denial of the request. 9:10 Tom Braun 7. Lions Ridge Rockfall Amendment Action Requested of Council: Approve/deny a request to amend a "high-severity" rockfall designation to "medium- severity" on Lots 2, 3, 4, and 5, Block 3, Filing 3, and Lot 1, Filing 2, Vail Lions Ridge Subdivision. Background Rationale: The hazard ordinance provides a process for amending a hazard designation. The applicants -3- ,,~ have requested this amendment and have submitted a site specific study by an engineering geologist as a basis for this amendment. Staff Recommendation: Staff has no recommendation on this request. 9:30 8. Action on the ABC School Lease Agreement Larry Eskwith Action Requested of Council: Approve/deny the lease between ABC School and the Town. Background Rationale: ABC School has asked the Town to extend their current lease for 12 years so they could finance an expansion of their facility. 9:50 9. Action on UVI Space Lease Agreement Steve Barwick Action Requested of Council: Review and approve/deny the proposed lease for the space owned by the Town in the Vail Village Inn. Background Rationale: Town staff has negotiated a lease for the VVI space with the highest bidder. 10:10 CITIZEN PARTICIPATION 10:20 10. Adjournment -4- 4`~~ ORDINANCE NO. 6 SERIES OF 1990 AN ORDINANCE REPEALING AND REENACTING CHAPTER 8.32 OF TITLE 8 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO EXPAND, STRENGTHEN, AND CLARIFY CODE PROVISIONS RELATING TO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT. WHEREAS, studies by the Surgeon General of the United States, the National Academy of Sciences and other health organizations have linked passive exposure to tobacco smoke to a variety of negative health conditions in non-smokers; and WHEREAS, the Town Council seeks to achieve a reasonable balance between the rights of smokers and non-smokers by regulating smoking in certain public places and places of employment; and WHEREAS, it is in the interest of the public health, safety, and welfare that smoking be limited in the Town of Vail, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Chapter 8.32 Smoking in Public Places 8.32.010 Legislative Intent Because the smoking of tobacco or any other weed or plant is a danger to health and is a cause of material annoyance and discomfort to those who are present in confined areas, the Town Council hereby finds, determines and declares it is necessary and beneficial to the protection of the public health, safety, and welfare to regulate smoking in certain public places. 8.32.020 Definitions A. Employee Employee means any person who is employed by any employer. B. Employer Employer means any person, partnership, or corporation, including a municipal corporation, who employs the services of any person(s). +f' C. Bar, Nightclub, Tavern Bar, nightclub or tavern means any establishment primarily engaged in the business of selling or dispensing alcoholic or other beverages. D. Health Care Facility Health Care Facility means any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional or other medical, physiological or psychological conditions. E. Place of Employment Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a place of employment. F. Public Place Public place means any enclosed area in which the general public is permitted, excluding the offices, work areas, employee cafeterias or lounges not generally entered by the public in the normal course of business for use of the premises. A private residence is not a public place. G. Restaurant Restaurant means any establishment or place within an establishment open to the public that offers food and beverages for consumption on the premises. H. Retail Store Retail store means any establishment whose primary purpose is to sell or offer for sale to consumer any goods, wares, merchandise, articles or food for consumption off the premises. I. Smoking Smoking means the lighting of any cigarettes, cigar or pipe, or the possession of any lighted cigarette, cigar, pipe, regardless of its composition. J. Sports Arena Sports arena means any indoor facility primarily used for sports, cultural or similar events. 2 K. Theater Theater means any indoor facility primarily used for the exhibition of any motion picture, stage drama, musical recital, dance, lecture or other similar performance. 8.32.030 Smoking Prohibited A. Smoking is prohibited in public places located in the following: 1. Health Care Facilities 2. Schools 3. Retail Stores 4. Childcare Centers 5. Banks 6. Theaters and Sports Arena, except when smoking is part of a theatrical production. 7. Laundromats 8. Post Offices B. Smoking is prohibited in any building or vehicle owned or operated by the Town of Vail, Colorado. C. Smoking is prohibited in .elevators in buildings generally used by and open to the public including elevators in offices, hotels and multi-family buildings. D. Smoking is unlawful in designated no smoking areas on places of employment as set forth in Section 8.32.050. E. Smoking is prohibited in public places located in Restaurants if the owner or lessee of such places designates all or part of such places as non- smoking by signing the places as set forth in Section 8.32.070. 8.32.040 Smoking Permitted Smoking is permitted in the following public places unless the owner or lessee of such places designates all or part 3 a of such places as non-smoking by signing the places as set forth in Section 8.32.070: A. Restaurants B. Bars, nightclubs, taverns C. Assembly or Meeting Rooms - located in public places which may be rented by individual groups for their exclusive use. 8.32.050 Places of Employment A. Within 60 days after the effective date of this ordinance the following requirements shall apply in places of employment: (1) The employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of smoking and non-smoking employees; provided, however, that employers are not required to incur any expenses to make structural or physical modifications to accommodate individual preferences; if a satisfactory accommodation cannot be reached, the preferences of non-smoking employees shall prevail but not to the extent of requiring the expense of structural modifications; (2) Smoking may be permitted in private, fully enclosed offices even though such offices may be visited in the normal course of business by non-smoking employees or occasionally by the public; (3) Smoking shall be prohibited in auditoriums, meeting rooms, elevators, gymnasiums, medical facilities, conferences rooms and rooms containing photocopying or other office equipment used in common by employees; (4) The employer shall designate at least 50 percent of the seating capacity of cafeterias, lunchrooms and employee lounges as no smoking areas; provided, however, that if there are 2 or more lounges available for employee use, one entire lounge may be designated as a smoking area; (5) The employer shall maintain a procedure to resolve employee disputes and objections arising under any smoking arrangement in the place of employment. 4 B. The employer is encouraged to adopt a written smoking policy within the suggested 60 days and to communicate any such policy to all employees within 3 weeks of its adoption. C. Notwithstanding the provisions of this subsection A of this section, every employer shall have the right to designate any place of employment as a non-smoking area. 8.32.060 Discrimination or Retaliation unlawful It shall be unlawful for any employer, proprietor or person in charge of public places or places of employment regulated under 8.32.050 (5) to discharge, discriminate against or in any manner retaliate against any person who requests the designation of smoking areas or enforcement within no smoking areas or designated smoking areas. 8.32.070 Signs To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, signs with letters not less than one inch in height or the international no smoking symbol not less than three inches in height shall be posted as follows: A. In public places where smoking is prohibited in the entire public place by this ordinance or by the owner, proprietor or person in charge of a public place exercising his option to prohibit smoking in accordance with this ordinance, a sign using the words "No Smoking" or the international no smoking symbol, or both shall be posted within eye-level at all public entrances or at eye-level and within ten feet of every entry into the public place. B. In public places where certain areas are designated as smoking areas pursuant to this Chapter, the statement "No smoking except in designated areas" shall be conspicuously posted on all public entrances within eye-level or in a position at eye-level within ten feet of entry into the public place. C. In public places where smoking is permitted in the entire building or area assigned using the words "This area is a smoking area" in its entirety shall be conspicuously posted at eye-level either on all public entrances or at eye-level within ten feet of entry into the area or building. S 4. The repeal of 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 preceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this 3rd day of April 1990, and a public hearing shall be held on this ordinance on the 3rd day of April , 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 3rd day of April 1990. Kent R. Rose, Mayor ATTEST: Pamela Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela Brandmeyer, Town Clerk 7 r s 8.32.080 Prohibited Smoking Areas Smoking .shall not be permitted and smoking areas shall not be designated in those areas where smoking is prohibited by the Fire Chief, State statute, ordinances, fire code regulations, or other regulations of the Town of Vail, Colorado. 8.32.090 Sale of Tobacco Products to Minors The sale of tobacco in any form from any source to minors shall be prohibited. Anyone witnessed selling any tobacco product to a minor shall be subject to the penalties herein. 8.32.100 Penalty The penalty for violation of any provision of this Chapter is a fine of not more than five hundred dollars ($500). 8.32.110 Violations The following acts constitute violations of this article: (A) Smoking in a posted no smoking area; (B) Failure to post a no smoking sign as required by this article; (C) Willful destruction or defacement of a sign posted as required by this article; (D) Sale of any tobacco product to a minor. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, sub- section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6 1 ORDINANCE NO. 11 Series of 1990 AN ORDINANCE RE-ZONING LOTS 3, 4, AND 5 OF VAIL VALLEY THIRD FILING, A PART OF SUNBURST REPEAT, TO SPECIAL DEVELOPMENT DISTRICT NO. 24, IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE 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 for Special Development District approval for a certain parcel of property within the Town known as Lots 3, 4, and 5 of Vail Valley Third Filing a replat of Sunburst; and WHEREAS, there is an identified need for affordable housing in the community; and WHEREAS, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units; and WHEREAS, the Special Development District provides for creativity and flexibility to allow for the development of affordable housing; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. 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 relating to zoning amendments have been fully satisfied. r Section 2. The Town Council hereby rezones Lots 3, 4, and 5 of Vail Valley Third Filing a replat of Sunburst, to Special Development District No. 24. Section 3. The Town Council finds that the development plan for Special Development District No. 24 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the development plan for Special Development District No. 24 is approved. The development plan is comprised of those plans submitted by Junge Reich Magee AIA, and consists of the following documents: 1. Site plan dated February 8, 1990. 2. Site/Landscape plan dated May 8, 1989. 3. Roof ridge height study and building elevations for Lots 3, 4, and 5 numbered A1, A6 and A7. 4. Floor plans for Lot 3, dated January 29, 1990. 5. Floor plans for Lot 4, dated January 22, 1990. 6. Floor plans for Lot 5, dated January 31, 1990. Section 4. Development standards for"Special Development District No. 24 are approved by the Town Council as a part of the approved development plan as follows: A. SETBACKS• Setbacks shall be as indicated on the site plan set forth in Section 3 of this Ordinance. B. HEIGHT• Building height shall be as indicated on the elevations and roof ridge plans set forth in Section 3 of this Ordinance. C. COVERAGE• Site coverage shall be as follows: 1. Site coverage on Lot 3 shall not exceed 2595 square feet. 2. Site coverage on Lot 4 shall not exceed 3726 square feet. 3. Site coverage on Lot 5 shall not exceed 2878 square feet. D. DENSITY• Development in SDD No. 24 shall be limited to 1 primary/secondary structure each on lots 3, 4, and 5. Gross Residential Floor Area within SDD No. 24 shall be as follows: 1. GRFA on Lot 3 shall not exceed 3300 square feet. 2. GRFA on Lot 4 shall not exceed 5500 square feet. 3. GRFA on Lot 5 shall not exceed 3550 square feet. E. LANDSCAPING• The area of the site to be landscaped shall generally be as indicated on the landscape plan set forth in Section 3 of this Ordinance. F. PARKING• Parking in SDD No. 24 shall be met in accordance with the off-street parking requirements as specified in Section 18.52 of the Municipal Code of the Town of Vail, and as generally indicated in the site plan as set forth in Section 3 of this Ordinance. Section 5. The following are conditions of approval for Special Development District No. 24: 1. The secondary units as indicated on floor plans for Lots 3, 4, and 5 set forth in Section 3 of this Ordinance shall be restricted as employee rental units as per Section 18.13.080 B.10 of the Vail Municipal Code. 2. The owners of Lots 3, 4, and 5 shall submit an annual report to the Town of Vail demonstrating that the lot's secondary units are rented and occupied as stipulated in Condition #1. 3. The pool area on Lot 4 shall be permanently restricted to a pool. A declaration shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney. Section 6. Amendments to the approved development plan may be granted pursuant to Section 18.40.100 of the Municipal code of the Town of Vail. 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. 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 by declared invalid. Section 9. The repeal 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 t 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 10. 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 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 1990. this day of Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ORDINANCE N0.13 Series of 1990 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 23, SERIES OF 1988, TO PROVIDE CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22 THAT CONCERN LOT SIZE AND CORRESPONDING GRFA; AND CURB CUTS; AND EMPLOYEE DWELLING UNITS; AND ARCHITECTURAL GUIDELINES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 23, Series of 1988 Special Development District No. 22; and WHEREAS, Dauphinais-Moseley Construction has requested to amend the existing Special Development District No. 22; and WHEREAS, there is an identified need for affordable housing in the community; and WHEREAS, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units; and WHEREAS, the Special Development District provides for creativity and flexibility to allow for the development of affordable housing; and WHEREAS, The Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 22; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 23, Series of 1988 to provide for such changes in Special Development District No. 22, Dauphinais Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 23, Series of 1988 is hereby repealed and reenacted to read as follows: Section 1. Amendment Procedures Fulfilled, Planning Commission Report The approval procedure prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the. Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Section 2. Special Development District No. 22 Special Development District No. 22 (SDD22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. 1 Section 3. Purpose Special Development District 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets all design standards and criteria as .set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District 22 that are difficult to satisfy through the imposition of the standards of the underlying primary/secondary zone district. Special Development District 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4. Development Plan A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents which will be finalized at the Major Subdivision final plat review: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Arnold/Gwathmey/Pratt Architects, dated March 22, 1990. 2. Conceptual landscape plan, Arnold/Gwathmey/Pratt Architects, dated March 20, 1990. 3. Final plat of Lionsridge Subdivision Filing No. 5, a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989 to be finalized at the final plat review for the subdivision. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 2 B. 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. The development standards shall be as follows: 1. Acreaae: The total acreage of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The permitted uses for SDD 22 shall be: a. Single family residential dwellings b. Open space c. Public roads d. Employee dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Lots Sizes and Maximum GRFAs: MAXIMUM LOT SIZE GRFA 1 11,805 2,293 2 16,248 3,171 3 11,500 3,171 4 11,805 2,293 5 12,197 2,293 6 11,500 3,171 7 11,543 3,171 8 11,021 3,171 9 11,456 3,171 10 11,979 3,171 11 10,803 3,171 12 12,981 3,171 13 15,159 3,171 14 11,151 3,171 15 8,494 2,293 16 8,494 2,293 17 8,494 2,293 18 10,062 3,171 19 9,148 2,293 20 9,801 3,171 21 10,237 3,171 22 9,409 2,293 23 10,324 3,171 24 9,496 2.293 68,202 3 6. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Arnold/Gwathmey/Pratt Architects, dated March 22, 1990. Roof overhangs shall be allowed to encroach up to 2' into the required side setback of 10' for each lot. An unenclosed, unroofed, deck or patio at grade may encroach into the rear setback by 5' for lots 1-14. 7. Density: Approval of this development plan shall permit a total of 24 single-family dwelling units on the entire property. A minimum of 6 employee dwelling units shall be incorporated into any 6 of the single- family units. A maximum of 15 employee dwelling units (including the six required employee units) may be included within 15 of the single-family units if desired by the developer or individual lot owner. 8. Building Height: For a flat roof or mansard roof., the height of the building shall not exceed 30'. For a sloping roof, the height of the building shall not exceed 33'. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 18.04.170 of the Municipal Code. 9. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. 10. Parking: Parking shall be as required in Section 18.52 of the Vail Municipal Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. il. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small. single family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: 4 i. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. ii. The following building standards and materials shall be adhered to (1) Roof. The roof pitch shall be a minimum 8/10 and a maximum of 12/12. A clipped or hipped gable roof shall be mandatory. The roofing material shall be cedar shake shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or "paint Lols" sheet metal, painted to match the roof. (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the. First Floor. The secondary fascia and metal railings above the first floor shall be an accent trim color of muted green, red or blue. (6) Walls. Walls shall be of stucco and horizontal wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure. (8) Windows. Windows shall be recessed a minimum of two inches from the outside wall plane and have a sandstone sill. Trim shall be white, taupe or brown. (9) Outdoor Lighting. Outdoor lighting shall be indirect with a concealed source except for an entry chandelier which may be exposed globes with a fixture of black or weathered cooper look metal. (10) Garages. No garage doors shall directly face the street. 5 (il) A residential address/nameplate if desired by the owner shall be located on the side of the garage facing the access point to the lot. b. Landscape. When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 12. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for a single-family residential zone district. Section 5. Conditions of Approval A. Special Development District No. 22 shall not be effective until the major subdivision is approved by the Planning and Environmental Commission and is recorded by the Town of Vail at the Eagle County Clerk and Recorders Office. B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder's Office before a building permit is released for any construction on the subdivision including common improvements as well as individual residences. C. The Town of Vail Engineer shall have the right to review and approve the five (maximum number) curb cuts for lots 15-23 accessing off of Lionsridge Loop to ensure proper driveway orientation, landscaping, visibility, and drainage before a building permit is released for any of the units on these lots. Back out driveways are prohibited for these lots. D. The developer shall submit a landscaping, signage, and wall design for the entry to the subdivision for review and approval by the Town Engineer before final Design Review Board approval. E. The developer shall construct a sidewalk along the north or south side of Lionsridge Lane. The developer may construct the entire sidewalk under the Phase I building permit or may construct the sidewalk in subsequent phases of construction. As each lot is developed, the portion of the sidewalk adjacent to the lot shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the unit on the lot. F. The developer shall be responsible for constructing a bus shelter on the west or east side of the entry into the subdivision if and when the Town of Vail deems it is appropriate to provide bus service to properties adjacent to Lionsridge Loop and/or if the School District determines it is appropriate to provide bus service for Lionsridge Loop property owners. The bus shelter design shall be mutually acceptable to the developer and Town of Vail. The bus shelter shall also be required to receive approval from the Design Review Board. 6 G. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 500 square feet and is allowed to have a kitchen. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for Special Development District No. 22. The developer may provide up to 15 employee dwelling units including the 6 required dwelling units if so desired. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have one enclosed garage parking space. This parking space shall not be detached from the single-family garage or structure. The employee dwelling unit shall be prohibited from having a wood burning fireplace. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. The employee dwelling unit shall be restricted as a rental employee dwelling unit permanently. The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full-time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full- time employee is a person who works an average of 30 hours per week. An employee dwelling unit shall not be divided into any form of time-share, interval ownership, or fractional fee ownership. The employee dwelling unit shall not be sold, transferred or conveyed separately from the single family unit. 7 The owner of each employee dwelling unit shall be required to declare in writing on an annual basis to the Town of Vail that the employee dwelling unit has been rented as a long term rental per the requirements outlined in this section. This declaration shall include a written statement from the owner listing the renter's name, place of employment, and length of time the unit was rented. The declaration shall be required to be signed by both the lot owner and renter. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in the form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of any employee dwelling unit. The Town of Vail shall be a party to this employee housing agreement. H. The developer and Town shall enter into a developer's agreement which shall provide that no final plat for subdivision shall be signed by the Town unless security is provided by the developer to ensure completion of the requirements set forth in Conditions D, E, and F. The security set aside for the bus shelter in Section SF may be released after 5 years from the date the final plat is recorded. I. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's office. The Town of Vail shall be party to these agreements. J. The first phase of construction for the subdivision shall include construction of residences on Lots 1, 2, 3, 4, and 24, project entry plan completion, final grading of common open space, and revegetation of native grasses on all disturbed portions of .the subdivision, paving of Lionsridge Lane, all utilities constructed and stubbed to individual lots, as well as drainage improvements. The second through fifth phases shall include construction of 4 to 5 units per year until the project is built out. Section 6. Amendments Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. 8 Section 7. Expiration The applicant must begin construction of the Special Development . District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 8. 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 by declared invalid. Section 9. 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 10. The repeal 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 11. 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. 9 INTRODUCED, READ AND 1990, ordinance on the in the Council Chamb~ Colorado. Ordered published in PASSED ON FIRST READING and a public hearing sh~ _ day of er of the Vail Municipal full this day of _ THIS day of 311 be held on this _, 1990 at 7:30 p.m. Building, Vail, 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 10 '~ ORDINANCE NO. 14 Series of 1990 AN ORDINANCE REPEALING ORDINANCE NO. 40, SERIES OF 1987 AND APPROVING SPECIAL DEVELOPMENT DISTRICT NO. 19, GARDEN OF THE GODS, IN ACCORDANCE WITH CHAPTER 18.40 OF THE MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance 40, Series of 1987, Special Development District NO. 19, Garden of the Gods; and WHEREAS, the approval for Special Development District No. 19, Garden of the Gods, has lapsed; and WHEREAS, the owner of the Garden of the Gods, Mrs. A. G. Hill Family, has requested Special Development District approval for certain parcels of property within the Town known as Lot K, Block 5A, Vail Village Fifth Filing and a portion of Lot P-2, Block 3, Vail Village Fifth Filing; and WHEREAS, there is an identified need for affordable housing in the community; and WHEREAS, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units; and WHEREAS, the Special Development District provides for creativity and flexibility to allow for the development of affordable housing; and WHEREAS, the Planning and Environmental Commission has recommended approval for Special Development District No. 19; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal Ordinance No. 40, Series of 1987 and to provide far a new Special Development District No. 19, Garden of the Gods by the adoption of Ordinance 14, Series of 1990. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 40, Series of 1987, is hereby repealed, Ordinance No. 14, Series of 1990, is enacted as follows: 1 Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 19. Section 2. Special Development District NO. 19 Special Development District No. 19 (SDD No. 19) and the development plan therefore, are hereby approved for the development of Lot K, Block 5A, Vail Village 5th Filing and a portion of Lot P-2, Block 3, Vail Village Fifth Filing within the Town of Vail. Section 3. Purpose Special Development District No. 19 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a key property in the Town. The development is regarded as complementary to the Town by the Town Council and meets all the design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District No. 19 which cannot be satisfied through the imposition of standards in the Public Accommodation zone district. SDD No. 19 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD No. 19 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of the following plans: 1. Site Plan, Garden of the Gods III, Sheet 1, dated February 20, 1990, Snowdon and Hopkins, Architects. 2. Landscape Plan, Sheet 2, dated February 20, 1990, Snowdon and Hopkins, Architects 3. Garage Level Plan, Sheet 3, dated February 20, 1990, Snowdon and Hopkins, Architects 2 4. Ground Level Plan, Sheet 4, dated February 20, 1990, Snowdon and Hopkins, Architects. 5. Second Floor Plan, Sheet 5, dated February 20, 1990, Snowdon and Hopkins, Architects. 6. Third Floor Plan, Sheet 6, dated February 20, 1990, Snowdon and Hopkins, Architects. 7. Penthouse Plan, Sheet 7, dated February 20, 1990, Snowdon and Hopkins, Architects. 8. East Elevation, Sheet 8, dated February 20, 1990, Snowdon and Hopkins, Architects. 9. South Elevation, Sheet 9, dated February 20, 1990, Snowdon and Hopkins, Architects. 10. West Elevation, Sheet 10, dated February 20, 1990, Snowdon and Hopkins, Architects. 11. North Elevation, Sheet 11, dated February 20, 1990, Snowdon and Hopkins, Architects. 12. Improvement Location Certificate, Job No. 618, dated June 29, 1989, Eagle Valley Engineering and Surveying, Inc. B. The development plan shall adhere to the following: 1. Setbacks Setbacks shall be as noted on the site plan listed above. 2. Heiqht Heights of structures shall be as indicated on the elevations listed above and on the site plan. However, in no case shall the height exceed 48 feet for a sloping roof or 45 feet for a flat or mansard roof and any encroachment into the approved Town of Vail View Corridor No.S is prohibited. 3. Coverage Site coverage shall be as indicated on the site plan listed above. 4. Landscapinq The area of the site to be landscaped shall be as indicated on the final landscape plan approved by the Design Review Board and on file in the Community Development Department. 3 5. Parkins Parking shall be provided on Lot K, Block 5A, Vail Village 5th Filing and a portion of Lot P-2, Block 3, Vail Village 5th Filing as indicated on the site plan, but in no case shall the sites have the ability to park less than 26 automobiles. 6. Densitv SDD No. 19 shall not contain less than it accommodation units and 4 accommodation unit lock-offs per the approved floor plans, representing 5,812 square feet of Gross Residential Floor Area (GRFA) and 6 dwelling units representing 12,640 square feet of GRFA per the approved floor plan. The site shall have a maximum density of 11.5 dwelling units representing a total GRFA of 1.8,460 square feet. SDD No. 19 shall also contain 2 employee dwelling units as indicated on the Ground Floor Plan by Snowdon and Hopkins, Architects, dated February 20, 1990. Each employee dwelling unit shall have a GRFA of 901 square feet. 7. Uses Permitted, conditional, and accessory uses shall be as set forth in the Public Accommodation Zone District while recognizing the property will no longer meet the definition of a lodge as found in Section 18.04.210. 8. Additional Amenities and Conditions of Approval for Special Development District No. 19 a. The applicant shall submit a revised employee housing agreement with a floor plan that clearly indicates the location, type of unit, and square footage for each employee housing unit. The two employee housing units shall be restricted permanently. The agreement shall be submitted and approved by the owner and Town of Vail before a building permit is issued for the project. Section 18.13.080 shall be used for the wording of the agreement, except that the units shall be restricted to employee housing permanently. The Town of Vail shall be a party to this agreement. This agreement shall be recorded by the Town of Vail at the Eagle County Clerk and Recorder's office. The covenants 4 concerning employee dwelling unit restrictions shall run with the land. b. The applicant shall submit a written statement agreeing to restrict the proposed 11 accommodation units, 4 accommodation unit lock-offs, and 3 dwelling units as short term rental units on a permanent basis. Even if the project is condominiumized, the units listed above shall be restricted as short term rentals. This written agreement shall be submitted by the owner to the Town of Vail and approved by the Community Development Department and Town of Vail attorney before a building permit is issued for the project. The Town of Vail shall be a party to this agreement. This agreement shall be recorded as a covenant that shall run with the land. c. The owners of the Garden of the Gods shall construct a sidewalk and bus stop on the east side of the Garden of the Gods property as well as a sidewalk and planter adjacent to the frontage of the P-2 parcel allocated to the Garden of the Gods. The final design of the sidewalk, bus stop, and planters shall be submitted by the owners of the Garden of the Gods to the Public Works Department and Community Development Department and Community Development Department for approval. The sidewalks, planters and bus stop shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the project. The applicant shall submit a written statement agreeing to this condition for the Town Attorney's approval before a building permit is released for the project. If so required by the Town Engineer and Town Attorney, the Garden of the Gods shall also provide a public easement for the bus stop, sidewalk, and signage. The owners of the Garden of the Gods shall submit the easement agreement to the Town .Attorney and Town Council for approval before a temporary certificate of occupancy is released for the project. 5 d. The owners of the Garden of the Gods shall construct curb and gutter as well as any other drainage (such as asphalt work) improvements necessary along the north, south, and east sides of their property. Final design for the drainage improvements shall be submitted by the owners of the Garden of the Gods to the Public Works Department for final approval. These improvements shall be constructed subsequent to the issuance of the building permit and prior to the issuance of a temporary certificate of occupancy. The drawings indicating the drainage improvements shall be incorporated into the building permit application. e. A revocable right of way agreement shall be completed by the owners of the Garden of the Gods for any encroachments on the public right-of-way. This agreement must be submitted to the Community Development Department and approved before a building permit will be released on the project. f. The owners of the Garden of the Gods shall submit a utility and drainage easement vacation to the Town Council for approval before a building permit may be released for the project. g. All fireplaces shall be gas and meet the Town of Vail ordinance governing gas appliances. h. Run-off control and pollution control devices shall be incorporated into the surface parking lots. This issue shall be addressed at the Design Review Board review of the project and any measures to control run-off or pollution shall be incorporated. into the building permit plan. i. Due to the construction of the bus stop, four evergreen trees shall be either relocated or replaced. If the trees must be removed, landscaping that has substantially the same positive impact shall be required by the Design Review Board. 6 Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, andy 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. INTRODUCED, READ AND PASSED 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 publish this day of , 1990. ATTEST: Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990 Kent R. Rose, Mayor H'1"1'r,J 1 Pamela a. Brandmeyer, Town Clerk 7 ORDINANCE N0. 15 Series of 1990 AN ORDINANCE AMENDING SECTION 2.04.050 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL CHANGING THE ORDER OF BUSINESS IN REGULAR AND SPECIAL MEETINGS OF THE TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council is of the opinion that Town Council meetings would be more efficiently handled if some changes were made in the order of business in regular and special meetings of the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: 1. Section 2.04.050 of the Municipal Code of the. Town of Vail is hereby amended as follows: 2.04.050 ORDER OF BUSINESS In regular and special meetings of the Town Council, the order of business shall be as follows: A. Call to Order by the Mayor; B. Determination of Quorum; C. Minutes of Preceding Meetings; D. Citizen Participation; E. Consideration of Ordinances, Resolutions, and Motions; F. Consideration of Other Matters on the Agenda; G. Reports from Town Manager and Town Attorney; H. Statements, Observations, and Inquiries by the Mayor and Councilmen; I. Concluding Statement by the Mayor; J. Adjournment. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 3rd day of April 1990, and a public hearing shall be held on this Ordinance on the 3rd day of April , 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 3rd day of April 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- TO: Town Council FROM: Community Development Department DATE: April 17, 1990 RE: A request to amend View Corridor No. 1 and the review of the proposed redevelopment of the Red Lion Building. The Planning and Environmental Commission approved the redevelopment of the Red Lion Building at their April 9, 1990 meeting. This approval involved: 1. A site coverage variance to permit a .25~ increase in site coverage. (approved 6-1) 2. A stream setback variance to allow a two foot encroachment into the required 30' stream setback. (approved 6-1) 3. A conditional use permit for an outdoor dining deck on the east side of the building. (approved 7-O) 4. An exterior alteration to add enclosed floor area to the building in Vail Village. (approved 5-2) Commissioner Warren requested that the Council be aware that she supported the project with the exception of the proposed infill of a portion of outdoor dining patio on Bridge Street. The conditions of approval applied to these request include the following: 1. As a part of this redevelopment, the applicants agree to point and repair the brick wall along Bridge Street and in the area of the small plaza at the north-west corner of the site. Improvements to this plaza shall also include upgrading existing benches, planters, newspaper box and trash receptacle locations and landscaping. 2. The streetscape improvements shown along Hanson Ranch Road are considered conceptual, and the applicants shall agree to work with the staff and Winston Associates in refining this .design relative to the Vail Village streetscape Plan. This condition shall also apply to the plaza area referenced in condition No. 1 and the landscape improvements proposed adjacent to Mill Creek. 3. All windows located on stucco wall planes shall be recessed a minimum of 3". 4. State of the art venting shall be used to reduce negative impacts (smell, smoke, etc.) emanating from the site. 5. The owner/developers of the residential development on this site shall agree to permanently restrict Gross Residential Floor Area (GRFA), building height and density on this site to what is permitted by this approval. The Town of Vail shall be a party to this restriction and the restriction shall be recorded with the Clerk and Recorders Office at Eagle County. 6. Any trees damaged or killed within two years of the completion of this project shall be replaced with similar size and type tree. 7. The Red Lion logo shall be retained as a part of this redevelopment in approximately the same size and location. 8. The developers/owners are strongly encouraged to participate in developing solutions to traffic, loading and delivery problems in Vail Village. 9. The rekord doors (or other type of window system installed) to the Red Lion Restaurant along Bridge Street shall remain totally open during business hours between June 15 and September 15 of each year. These windows may be opened at any other time during the year at the discretion of the restaurant management. 10. The applicants shall complete stream-bank stabilization work on both sides of Mill Creek over the entire length of the Red Lion property. The final design and implementation of these improvements shall be subject to review by the staff and the Design Review Board. All of these approvals are the authority of the Planning Commission. The amendment to View Corridor No. 1 requires approval by the Council. With regard to this amendment, the Planning Commission recommended by a 6-1 vote to recommend approval for modification to this View Corridor. Their support was predicated on two conditions: 1. That the photo depicting View Corridor No. 1 be modified to reflect the new Red Lion Building at a time when the expansion is completed. The Commission preferred this alternative as opposed to modifying the line that delineates the View Corridor. 2. That the specific reasons justifying this request be included in the preamble of the ordinance authorizing this amendment. While the staff was supportive of this approach in amending the View Corridor, legal complications have developed that prevent this from occurring. As written, the View Corridor Ordinance prohibits any encroachment above the line indicated on the photo. To allow this development to proceed and simply rephotograph the view would be a violation of the Ordinance because the new ridge does in fact encroach into the View Corridor. Without changing the wording of the Ordinance, this approach is not feasible. To change language in the Ordinance that would allow building encroachments over the line could create greater complications for future development in the Village. The staff feels that the only feasible alternative is to modify the actual line on the official photograph of View Corridor No. 1. The staff would recommend that the View Corridor be amended by allowing this development to proceed, and after the building is completed, a new photograph will be taken and the line depicting the View Corridor will be relocated and resurveyed to run directly above the building's new ridge line. While this approach does alter the line depicting the View Corridor, it provides the greatest assurances against future encroachments into the View Corridor. The accompanying Ordinance outlines conditions that would be applied to this amendment. NORTH ELEVATION 1/8 inch to 1 foot - ._ --, EAST ELEVA 1/8 inch to ~, ~.,,,~~, ^~, ~~,~~.~ `C~ A'!~y o ~~ti ,~~ ~a.-_ -.~-~ . ti~",`~ ~~~ WEST ELEV~ 1/8 inch to ~.•~, ~ ~. ~~' -~i ,,1 Y EAST ELEVATION 1/8 inch to 1 foot .,. ~~ ~,~, -~'' ~-` .;,: ,~~~ ti ~ __ _ ----~~_ SOUTH ORDINANCE NO. 16 Series of 1990 AN ORDINANCE AMENDING ORDINANCE NO. 13, SERIES OF 1983, IN ORDER TO MODIFY VIEW CORRIDOR NO. 1; AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, it is the opinion of the Town Council that the preservation of certain view corridors is essential to protect and preserve the unique mountain character of Vail; and WHEREAS, Ordinance No. 13, Series of 1983 formally adopted four view corridors; and WHEREAS, Ordinance No. 13, Series of 1983 recognized that circumstances affecting view corridors may change necessitating the review and if necessary, the revision of view corridors; and WHEREAS, the redevelopment of the Red Lion Building has been proposed and said redevelopment is consistent with the Vail Village Urban Design Guide Plan and with permitted Commercial Core I building height limits; and WHEREAS, the highest ridge of the redevelopment of the Red Lion building will encroach into View Corridor No. 1; and WHEREAS, the encroachment of the Red Lion Building will remain below the ridge line of the existing Golden Peak House and will not alter views of Vail Mountain or other focal points within Vail Village; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The surveyed line delineating View Corridor No. 1 shall be amended to be redrawn directly above the ridge line of the redeveloped Red Lion Building as depicted in plans by Morter Architects, dated April 3, 1990. The realignment of this line shall be limited to the precise location of the Red Lion ridge; all other points of the line delineating View Corridor No. 1 shall remain unchanged. Section 2. The owners and/or developers of the Red Lion redevelopment shall fund and complete the modifications of View Corridor No. 1. This work shall include, but not be limited to resurveying the line depicting View Corridor No. 1 and rephotographing View Corridor No. 1. This work shall be completed after the highest ridge line of the Red Lion Building is constructed, and completed before the issuance of any Temporary Certificate of Occupancy. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 4. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 5. The repeal 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. 2 Section 6. 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 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 Z ~.. _^~.~ TO: Design Review Board FROM: Community Development Department DATE: April 4, 1990 SUBJECT: A Sign Variance request for National Velvet Dry Cleaners located in the West Vail Mall, 2161 North Frontage Road West. Applicant: Bill House I. THE REQUEST National Velvet Dry Cleaners variance request entails an 11 sq. ft. sign to be located on the east elevation (facing Safeway). The sign will be mounted on the parapet wall at a height of 14 feet above grade. National Velvet is located on the arcade in the West Vail Mall. Under the Town's sign code, National Velvet would be allowed a sign of 10 sq. ft. at a height of 8 feet above grade parallel to the exterior wall of the business. (See attached elevation) The request involves the following section of the Town of Vail sign code: 16.22.130 Wall Signs - Arcade B. Size, one square foot for each 5 front lineal feet of the individual business or organization with a maximum area of 10 square feet; C. Height, the top of the signs shall be no higher than eight feet above grade; E. Location, parallel to the exterior wall of the business front on an arcade, subject to the approval of the Design Review Board. The applicant is requesting the following: 1) an increase in sign area of 1 .square foot over the allowed square footage of 10 ft. 2) an increase in height of 6 feet over the allowed 8 feet for a maximum height of 14 feet above grade and 3) a change in location from the business front on the arcade to the front of the parapet wall facing Safeway. The applicant will be allowed a total of one exterior sign for his business. II. BACKGROUND As of this date, the West Vail Mall sign program has not received final Design Review Board approval. However, a draft proposal was submitted for conceptual review and received general support from both the staff and the Design Review Board. We feel it is unfair to the applicant to delay their application until a sign program is approved. Recently, the Design Review Board recommended to the Council, by a 3-1 vote, that they approve the Jackalope Cafe and Cantina sign variance request which allowed the owner to install a sign on the south parapet wall at a height of 24 ft., with a total sign area of 11.2 square feet. The staff supported the request because we felt the signage would be ineffective in the required location located parallel to the business frontage. The staff also felt that a size variance of 1.2 sq. ft. was appropriate because the business occupies 2 retail spaces within the mall. The conucil unanimously voted to approve the requested variance on 4.3.90. III. FINDINGS AND STAFF RESPONSES Before the Board acts on a variance application, the applicant must prove physical hardship and the Board must find that, A. There are special circumstances or conditions applying to the land buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right-of-way which would substantially restrict the effectiveness of the sign in question, provided, however that such special circumstances or attention and do not apply generally to all businesses or enterprises. STAFF RESPONSE The design of the building and siting of this particular business on an arcade creates a physical hardship. The business is very difficult to see unless a person is directly adjacent to the store. This situation significantly decreases the effectiveness of any sign located adjacent to National Velvet Cleaners. The height of the sign is dictated by the height of the existing parapet wall. The proposed wall sign will not have significant negative impacts due to its height and location and will not draw undue attention to itself. i It should again be pointed out that a sign program has been proposed for the West Vail Mall. The program will allow for signage for the remaining and future arcade businesses in a comprehensive manner and therfore eliminating the need for numerous, future variance requests. B. That special circumstances were nat created by the applicant or anemone in pries to the applicant. Staff Response• Special circumstances were not created by the applicant. C. That the granting of the variance will be in general harmony with the purpose of this title and will not be materially detrimental to the persons residing or working in the vicinity, to adj acent property, to the neighborhood, or to the public welfare in general. Staff Response: The staff feels that this request meets the general intent of the sign code and is in harmony with it. We do not feel that the variances requested will be detrimental to any persons residing or working in the vicinity or to adjacent property owners. The proposal is consistent with the existing signage of the other tenants of the mall. The proposal displays the name of the store and type of business in a direct and reasonable manner. However, the staff feels that the request for an increase of 1 square feet in size is not warranted due to the size and frontage of the retail space that the business occupies. The business has a frontage of 20' which is the minimum length that would allow 10 square feet of signage. D. The variance applied for does not depart from the provisions of this title any more than is required to identify the applicant's business or use. Staff Response• The staff feels that the variance requests for a change in location and height meets the general intent of the sign code. We feel that a sign with the allowed square footage of 10', at a height of 14', on the east facing parapet wall presents the name of the store in a clear and concise manner that is consistent with other actions that relate to the sign code in the Commercial Core III area. While the staff feels that the request for a variance from the location and height are appropriate, we do not feel that a size variance is appropriate due to the size of the business. Staff opinion is that 10 sq. ft. is adequate to identify a business having 20 lineal feet of frontage. IV. STAFF RECOMMENDATIONS: The Community Development Department recommends approval of the requested variance from the location and height requirements. We feel that the height and location of the proposed sign is in harmony with the intent of the sign code and will not call undue attention to the business. In addition, the design of the sign is consistent with the other signage of the businesses in the West Vail Ma11. However, the staff does not support the request for a variance for the increased size of the signage and recommends that the size of the sign be limited to 10 sq. ft. ~_- ~ -{~ „ '. ~5 ° ~,,' :'}.1~ -~~~ ~~'~~~QG~~C~~ 'S/F MAIi~ i DEt~TlFiCATIO~ SlCai~ llsaiga, rcuLcivse, eed lest-Il (1J Sdofificattea eiea u fol7w.s: lbx high ladiridxal chsaael letters °Q)J1f8R5" - Fact - n7perwe Yalvetlca rd1~o 5' deep 9/16 ! 7328 xhits ecs7ilc foes, -laek trlrap, 1Lc3c refnru. ~lleninate rit6 Q50p°Y rhite oertur~ Lu61ag end 60 mj tzaaafOCcers flush asant end retie vtre m east sleraticn. . ~~ w r, z. ~ ~w fi TO: Town Council FROM: The Community Development Department DATE: April 16, 1990 SUBJECT: A setback variance request on Lot 7 Bighorn Terrace Subdivision, 4242 East Columbine Way On April 9, 1990 the PEC unanimously approved a request for a side and rear setback variance for Lot D-7 in Bighorn Terrace Subdivision. The variance was for a 13 foot encroachment into the side setback and 15 foot encroachment into the rear setback in order to build a 228 sq. foot addition on the east side of the building. Under the current Medium Density Multiple Family zoning, the lot has 20 foot setback requirements on all sides and would be allowed a total GRFA of 708 sq. ft. The existing building encroaches 12 feet into the side setback and 18 feet into the rear setback with a GRFA total of 928 sq feet. The applicant has also requested an additional 228 sq feet under the 250 ordinance. With the approval of the variance request and the additional GRFA, the unit would have 1157 sq. feet of GRFA which exceeds that which is allowed on the lot by 448 sq. ft. The staff recommended denial of the variance on the grounds that the granting of the variance would be a grant of special privilege. The PEC felt that the imposed 20' lot lines constitute a physical hardship and the granting of the variance would not be a grant of special privilege. Kathy Warren added that the approval for this variance is based on the unusual circumstances of Bighorn Subdivision. The PEC also felt the expansion to this unit was appropriate because of the distance between the units on lot 6 and 7. The applicant has also submitted a letter from this neighbor stating her approval of the addition. TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 9, 1990 SUBJECT: A request for a side setback variance to the Medium Density Multi-family zone district on Lot 7, Bighorn Terrace {4242 East Columbine Way) Applicant: Kathryn Benysh I. DESCRIPTION OF THE VARIANCE REOUESTED The applicant is the owner of Unit D-7 in the Bighorn Terrace subdivision which is located on East Columbine Way. The existing duplex unit consists of approximately 928 sq. ft. of GRFA and has an allowed GRFA of 708.94 sq. ft. under MDMF zoning. The applicant is requesting a variance from the 20' side and rear setback requirement to allow for the construction of a 228 sq, ft. addition on the north side of the building. The addition will involve adding a second story above the existing kitchen and enclosing the deck to the west of the kitchen with a 2 story structure. The variance request is for a 15' encroachment into the 20' rear setback and a 13' encroachment in to the 20' side yard setback. II. BACKGROUND Bighorn Terrace is a nonconforming subdivision because it was annexed into the Town after it was platted. Under the MDMF zoning, 20' setbacks on the front, rear and sides were imposed on the existing lots. Building D-7 currently encroaches 18' into the rear setback and 12' into the side setback. These imposed setbacks greatly limit the locations of possible additions which would not require setback variances. The applicant has also applied for additional GRFA (250 sq. ft.) under Section 18.71.030 of the Town of Vail Municipal Code. In 1977, the applicant received a side setback. variance of 8' and a GRFA variance of 130 sq. ft. in order to construct a kitchen addition. III. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the Vail Municipal Code, the Department of Community Development recommends denial of the requested variance based upon the following factors: A. Consideration of Factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The 228 sq. ft. addition in the proposed location should not create any problems to existing or potential uses or structure in the vicinity. The property most likely to be impacted would be Lot 6 to the west. The existing building encroaches 12' into the 20' side setback. The requested variance will allow the corner of the proposed 2 story addition to be within 7' of the property line. 2. The degree_to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege.. Staff has been unable to determine a physical hardship regarding this variance request and feels that approval of this request would be a grant of special privilege. Although the lot is greatly. limited by the imposed setbacks, the staff feels that the existing minimal distances between buildings should be maintained and not decreased. Over the past 13 years there have been 8 requests for setback variances in the Bighorn Terrace Subdivision. Of the 8, 4 have been recommended for denial and all have been subsequently approved by the PEC. 3. The effect of the requested variance on light and air distribution of population transportation and traffic facilities public facilities and utilities and public safety. The staff finds that the proposed increase the amount of shade that the neighboring lot. It will not significant effect upon any of the considerations. IV. FINDINGS addition will will be cast on have any other The Planning and Fnvironmental Commission shall make the following findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. C. That the variance is warranted for one or more of the following reasons: 1. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of- this title. 2. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. 3. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. STAFF RECOMMENDATION Staff recommendation is for denial of the request for a 15' encroachment into the rear setback and 13' encroachment into the side setback. The staff feels that this variance would be a grant of special privilege and that there are no exceptions or extraordinary conditions applicable to Lot 7 which do not generally apply to other properties in t2ie same zone district. _ - / ~n~~ lot 8 . ~0~~ ~~C ~ ~ stor. ~ i I r ~ lot 7 ~~;N.~,~ X' ' ~- ~-- -~ / i ~~ ~ t' ~ L / addition I ~' ~ -,,~, i ~ ~~~ ~~~~~~ O~~ ~. ement ,; Sits 1~~ 1(l~ T0: The Vail Planning- Corry~~ ssion FROM: Kathryn Benysh RE: Variance request for Bighorn Terrace D-7 DATE: March 8, 1990 I am requesting a setback variance in order to add residential space to a half-duplex (#D-7) in a residential development known as Bighorn Terrace. As you know, the Bighorn Terz~:~ce development was built approximately seven years before it was ann`?ced to the Town of Vail and has been a corr~letely non-conforming ar-a from day one. As there are no structures in the development which conrorm to the 20-foot-on-all-sides setback regulation, every proposed i~~~~~~wement requires a variance. Therefore, this request does not repres.~it a grant of special privilege. As you can see from the plat:; surveys and elevations, the proposed addition to unit D-7 will have no effect on light , air, distribution of population, transportation, traffic facilities or public safety. r T0: Community Development FROM: Linda S. Moore RE: Benysh Addition DATE: March 9, 1990 As the adjacent property owner to the west of Kathy Benysh, I would like to say that I invite improvement to her property and believe this enhances the entire neighborhood. Visually, I would be the most directly impacted and as a permanent resident would encourage and promote the upgrading of homes for those people who make Vail their permanent home. Our particular development is unique in that it has a casual home owners associa- tion which allows a greater freedom of expression for private property owners. I would be most happy to comment further, if necessary. Please contact me at X2129. Thank you L nd indel Moore Y March 5, 1990 TO WHOM IT MAY CONCERN: RE: PROPOSED ADDITION TO BIGHORN TERRACE D-7 The Bighorn Mutual Sanitation and Recreation Company is comprised of stockholders who are homeowners in the Bighorn Terrace complex in East Vail. The company owns common areas which include a park, pond, parking areas and a private street known as Columbine Way. Individual duplexes in the complex sit on privately-owned lots. While the Company encourages individual owners to improve their duplexes, it has no authority to approve or disapprove these improvements, so long as there is no encroachment on commonly-owned areas nor impediment of ingress or egress. The proposed addition to Bighorn Terrace dup'_>:,~ #7 neither encroaches on common area nor impedes access; therefore the Company's approval of the project is not rec; ;_red and would exceed its authority. Sincerely, ~ ,., ~ Karl Hoevelmann For the Board of Directors cc: .toe Hanlin Ted Stockmar Kathryn Benysh TO: Town Council FROM: Community Development Department DATE: April 17, 1990 RE: A request to amend the geologic hazard map by reclassifying Lots 2, 3, 4, 5 Block 3, Filing No. 3, and Lot 1, Filing No. 2, Lionsridge Subdivision from high severity rockfall to medium severity rockfall. The Hazard Ordinance includes a provision to allow property owners to amend their hazard designation. The owners of the above referenced property have submitted a site specific study to justify this amendment. This decision is the purview of the Town Council with no input or recommendation from the Planning Commission or other Town boards. The staff has not provided a recommendation in response to this request. This is due to our lack of expertise in geologic engineering. This discip~ine, as acknowledged by geologists, is inherently subjective and subject to varying interpretations. The following is taken from the 1984 rockfall study that established the two rockfall zones within the Town: "It must be understood that the interpretations of many geologic hazards, including rockfalls, are subjective to some degree. No two geologists would draw run-out lines at the same exact location in all areas of a particular study. By the same token, not all geologist would assign the same degree of severity to any particular rockfall... This not withstanding, there may be disagreements with some of our conclusions." It was clearly the intent of the Hazard Ordinance to allow for modifications to the mapping based on site specific analysis. It is acknowledge that the Town-wide reconnaissance conducted during the development of the 1984 study is not as detailed as a site specific analysis. In theory, the study submitted for this amendment should provide more detailed and accurate information than the Town-wide study. While we have no reason to doubt the findings of the report filed for these 5 lots, we are lacking the background to provide the Council with a definitive recommendation with regard to the reports validity. Office of Community Development Town of Vail 75 S. Frontage Road Vail, Colorado 81657 March 12,1990 Subject: GEOLOGIC HAZARD CLASSIFICATION for Lots 2, 3, 4, 5, Block 3 Filing No. 3, and Lot 1 Filing No. 2, Lion's Ridge subdivision, Vail, Colorado. Director of Community Development: On behalf of myself, Jill S. Dowd, owner of lots 2, 4, 5, in filing No. 3 and Mr. Bruce Canton, owner of lot 3 filing No. 3 and lot 1 in filing No. 2, I would request a hearing before the Town of Vail council to review the classification of our lots in the Geologic Sensitive Area Map. We would desire that our lots be reclassified to a Moderate Risk Rock Fall Area from its present High Risk Classification. I am submitting a site specific geologic report from Mr. Robert James Irish which supports our request for the re-classification. My address is; .Jill S. Dowd, P. O. Box 3128, Vail, CO 81658-3128 and Mr. Cantons address is; 1853 Lion's Ridge Loop, Vail, CO 81657. Please fee! free to contact me if there are any questions concerning our request. Thank you for your cooperation. Sincerely Jill S. Dowd Bruce O. Canton ` 7101 West Yale Avenue, No. 601 Denver, Colorado 80227 - 303-986-6653 October 2, 1989 Canton Construction Company 1853 Lions Ridge Loop Vail, CO 81657 Attn: Mr. Bruce 0. Canton RE: Geologic Hazards Study, Filing No. 3, and Lot 1, Lions Ridge Subdivision, Job No. 190(126) R. J. Irish Consulting Engineering Geologist, Inc. Lots 2, 3, 4 & 5, Block 3, Filing No. 2 Vail, Colorado Gentlemen: As requested by your Mr. Bruce Canton, the undersigned conducted an engineering geologic reconnaissance of the five subject lots, which occupy a sector of the south-facing slope of the Gore Creek Valley immediately northeast of the Buffeter Creek Valley at the eastern end of the West Vail area. The four .lots are located in the SW1/4, NW1/4, Sec. 12, T.5S., R.81W., Eagle County, Colorado (Figure 1). Our objective was to generally outline geologic conditions across the study area and to assess whether any of those conditions constitute geologic hazards sufficiently severe to restrain or preclude development of the property as planned. We understand single family and/or duplex residences are to be ccnstructed on these four lots. From Lions Ridge Loop, at about Elev. 8120 feet to 8130 feet, the lots extend northward up the slope of a long, narrow, west-trending ridge spur of the valley slope to about Elev. 8260 feet. The ridge crests at about Elev. 8440 feet to Elev. 8460 feet. The slope distance from Lions Ridge Loop to the top of the ridge is on the order of 600 to 700 feet. From the ridge crest down to about Elev. 8220 feet (about the center of the lots) the ground slopes at about 1.75:1, whereas below that elevation to Lions Ridge Loop the ground slopes at about 3.6:1. We understand the homes would bP-..constructed adjacent to Lions Ridge Loop on the flatter-sloped sectors of the lot. The steeper, upper part of the ridge slope is disrupted by 2 main rock bluffs ranging from 10 feet to as much as 50 feet high. A few trees are scattered across the study area, but for the most part, vegetation is limited to brush and natural grasses. Sedimentary rock strata of the Pennsylvanian-age (290 to 3.30 million years ago) Minturn Formation constitute bedrock across the study area. These strata include mainly sandstones, a few shales and a few thick limestone units. These dip northward into the hillside at 300 to 400. Consultant to Designers, Contractors. Planners R. J. Irish -~ Consulting Engineering ' Geologist, Inc. ' Canton Construction Company October 2, 1989 Page 2 The bedrock, however, is blanketed (except for the rock bluffs) by slopewash and talus soils dawn to about Lions Ridge Road. Below Lions Ridge Road a west- southwest trending ridge spur of glacial moraine is plastered against the foot of the slope (Figure 2). The sandstones typically are Pine-grained and fine to coarse-grained. They are locally conglomeratic, thin to massive bedded, weak to strong, and the joints are widely spaced. The limestone is fine-grained to microcrystalline, strong to very strong, thick-bedded and with joints widely spaced. The unconfined compressive strengths of the. sandstones probably range from 10,000 psi to 15,000 psi, whereas those of the limestone range probably to 3C,000 psi. The shale units typically range from seams within. the sandstones to thin-bedded units up to a foot or so thick. Those thicker units, however, are rare. The unconfined compressive strengths of the shales probably range between 2,000 psi and 6,000 psi. The slopewash and talus soils are unstratified, sandy, gravelly, cobbley clay with scattered boulders. This is mainly sandstone debris. The soils form an apron developed below the sandstone bluffs down to Lions Ridge Loop, thus range .from a wedge-edge upslope to probably as much as 10 to 20 feet thick adjacent to the road. These soils have been deposited primarily by sheet wash, thus are expected to range from loose to medium dense, and probably are subject to differential settlement when wetted. South of Lions Ridge Loop, the glacial moraine soils are principally a hetero- geneous «,ixture cf sa^.d, gravel, cobbles and boulders in a silt to clay matrix. The soils include both sandstone and granitic rock debris. Except for a potential rock fall hazard, we found no evidence of potential geologic hazards within the study area. So long as dwellings _are constructed within these lots without significantly changing_the_exis_ting_ground conditions --- ' - -- -- thus the stability of the soils-and7or rock within the building sites and vicinity, slope stability should not be impaired. Cuts and fills on the lots should be kept- low-(i.e;-~-on-tire-order of 3 feet or less), or should be _geotechnically designed. No unusual or severe geology-related building foundation con i ions are expected. Buildin~2n these sites should not increase~~ the hazard to other property or structures, or to public buildings, roads streets, rights-of-way, easements, utilities or facilities. The outcrops of rock, principally sandstone but including some layers of limestones as well, jut out of the ridge slope as long, narrow bluffs as much as 50 feet high (Figure 2). Conceivably rock-hlo~ks and plates could topple.._from these bluffs to roll and bounce down the slope. These theoretically could ._ _. constitute a hazard to buildings constructed on the slope below. 'That rock fall --------------- ----- risk, we believe, needs to be considered-fin terms of both the robab_il_it of an p Y event and the severity of the event (the size of a particular block that could topple). -~ R. J. Irish Consulting Engineering Geologist, Inc. Canton Construction Company October 2, 1989 Page 3 We believe the rock fall risk, in terms of probability, i_s_ low for Lots 2, 4 and most of 5, but is judged to be medium across most of Lot ~ 1 and a small area at the southeastern corner of Lot 5 (Figure 2). The bluffs above Lots 2, 3, ~ and most of 5 are relatively nar"row and are formed of sandstone that appears to be relatively massive. Although we found evidence of looseness of a few thin plates and small blocks of rock, for the most part the rock across the ledge in the vicinity of Elev. 8330 feet to Elev. 8345 feet and the more prominent bluff in the vicinity of Elev. 8380 feet to Elev. 8420 feet appears to be relatively intact. The joints that are open tend to be perpendicular to the slope rather than parallel to it .' Moreover, the strata dip into the slope rather than out, thus rock blocks are much less likely to topple with those planes as their basal separations. Over geologic time, blocks have separated from those two bluffs, but most of those appear to be quite old. Many are partly buried in the slopewash and talus, and the fresh rock surfaces originally exposed by the breakup of those rock masses as they fell are now weather-coated. This evidences considerable antiquity. With rare exception, these blocks have scattered only about 150 to 200 feet downslope from the bluffs from which they are derived. The residences to be constructed would be placed more than twice that distance away from the bluffs. Most of the rock blocks have broken up when they toppled into smaller platy masses that have not travelled far from the outcrop. They are trapped by the vegetation and other rock blocks strewn across the upper part of the slope. We cannot completely dispel the possibility that in some future time large rock blocks toppling from these two outcrops may invade Lots 2, 3, 4~and 5, but the geologic evidence indicates that those events are rare and the risk low. The rock forming the lower bluff from about Elev. 8340 feet to Elev. 8380 feet and extending eastward along the slope above and east of the eastern half of Lot __ __ No. 5 appears to be significantly more blocky (Figure 2). Those blocks from ` place to place appear to be more prone to toppling than elsewhere within the study area. This is evidenced by a fan of old rock blocks that are scattered below the bluff above Lot 1 and eastward for about 230 feet. Consequently, we have judged the rock hazard risk for most of Lot 1 and a small part of L ~~~"'`' be medium. This risk could be reduced to low, we a ieve', by scaling the cock blocks that car. be removed by crawbarring. Additionally, two larger blocks denoted by X's numbered 1 and 2 on the geologic map (Figure 2) should be removed ligrit_~zlasting. Alternatively, those rock blocks could_ be_ p_inned with rock bolts. Removal appears to us to be a preferable answer, however. Scaling of loose slabs and blocks could be extended to the rock outcrops to the west also. This would be merely an insurance measure that would reduce the already low risk cf rock falls by only a small increment. R. J. Irish Consulting Engineering Geologist, Inc. Canton Construction Company October 2, 1989 Page 4 We hope the above comments will be of some service to you as you .develop these properties. If you have any questions or would like to discuss any aspects of our work, please feel free to call. Yo tru , Jn: ~ l~h /~% obt. ~tnes Irish Consulting Engineering Geologist RJI:ct -N- 0 1000 20100 4000 SCALE IN FEET PROPERTY LOCATION MAP DATE ~ 9/30/89 ~ JOB N0. ~ 190 (126) FIG. i Lnr s 'LOT 3 20 9ip~ q m oP o ~ ~` 4 LOT 22 LOT 10 ~ / LOT 2 / lOT 21 / l0T 12 LOT II LOT 19 • pAE LOT I Qm e~oo~/ ~ ~ _ ~ _ ` 1 ~ ~ / / L DGE _ . . RI ~ ONS / I / _ ~ F ~ j~a.• QSW1 ~~ ~ { LOT IB / ~-` "' _ g Qm OoP / -` ' LOT 17 E ~ ~ BOIVtSLON R 1~ / ` .: ~ ,.. LOT I6 LIONS ~ su / ~ LIONS RIOGE,J BIOGK 3 ~ N0. ~ ' .`'t, . LOT IS / FLUNG ~~ - ~ s~S / ~ ~ / ~ _f. S IR pGE QSWT DIVLSIOH L~ ~. , ~ p ~ 0 ~ 8i5 2 B 5 F1l1NG NO' '~ ~~ ~.~~i ~ l ~ LOT I 1 LOT 5 ~~{ ~_. ~ ~ LOT 2 ~~+ ~ ~~ '~ ~ .~- " LOT 4, LOT 3 . - '. ` t 1 ..~ ~ _ -^~': ~ 1 • QSWI i ~ ~_,,E~t~ ~{' QTT{Ov'"~~ EAO~• £aVµ 6 ~ p A ~ !- gzoo - __- ~~ ~~ / iP" ' ' - i iC i~r.~'T~:, .T. Q S W T __ :,t-•y9i+:~^ m ~'r~~~^'s~~~ Pm , y,.,yEl ~I Pm ~A5 Q _- /~ ~' QSWT ,--~ g3 .~ '~ Pm ~--~ 0 GEOLOGIC LEGEND Cs-1 SIOPENASN AND TALUS: SANDY, GRAYELLY, C0881r ClA BOUIDCRS. UNSTRAT (TIED: MAINtr SANDSTONE DCBRI S. Om GLACIAL MDRAAINE: NETERUGENEDU$ NI %T UIIE OF SAND, ANO BOULDERS IN A SILT TO CUT IWTRIK; INCl1UES B SANDSTONC DEBRIS. MINTLIRN FORMAT ION: SANOSTONL WITH A FCN IAl1T3 OF FEN SCAFt$ OF 51Y1LE. SANDSTONE i1N[ GRAINED ANO F GMINED, AND lU[AIIY [DNGIOMEKAT It, TNIN TC MAS$I '~ TO STRONG. J01 Nis NIDELY $vpCCD: UMCSTCNE, FINE MICRDCRr$iALL INE, STRONG 10 YERr STRONG. THICK BE NIDELY SDACED. CONTACT BETNECN GEOLOGIC WITERIALS, IN7ERDRETED, I ice- AvPRU%IMATEIr, AREA O[CUV ICD Br aELAi IVEIr Rt[LN1Lr iRLLEN R(1CK ~ ~' GCNERAL 12E0, LOCATEp ADDRD%IMAi[LY.' DI VIDEP FOR ROCK FALL NALARD ADG$, INTLRDP.E ICD, ADDRDA IMATEL T. i Ki DCNOTES A LARGE Lo95E BLOCK. 7NA' SHOULD BC Rf IM~YE ADDRUK IMATEtr; DESI GNAICD Br xuret R, _ I N~ 0 50 100 2c SCALE IN FEET R. J IRISH fANSULTING ENGINEERING GEOLOGIS- GEOLOGIC MAP FOR A PART DONS RIDGE SUBDI V I S I OT NOS. 2 AND 3 I GATE ~ 9/30/89 I JOB N0. 190 TOWN OF VAIL/ABC SCHOOL LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this day of , 1990, by and between the TOWN OF VAIL, a Colorado municipal corporation, (hereinafter referred to as "the Town"), and the ABC SCHOOL INC., a Colorado non-profit corporation (hereinafter referred to as "Lessee"). WHEREAS, the Town now owns a parcel of property known as the Mountain Bell site, consisting of approximately twenty-five (25) acres; and WHEREAS, the Lessee is a Colorado non-profit corporation (tax exempt no. which receives funds from contributions and student fees for the operation of a child care center; and WHEREAS, the Town and Lessee are presently parties to a lease agreement dated March 7, 1978, for a portion of the Mountain Bell site, which lease is due to terminate on March 7, 1993; and WHEREAS, Lessee wishes to finance and construct an addition to its present school structure located on the Mountain Bell site; and WHEREAS, in order to facilitate the financing of that structure, Lessee wishes to enter into a new twelve (12) year lease with the Town for the premises. NOW THEREFORE, in consideration of the covenants, premises, and agreements contained herein, and the payment of monies as hereinafter set forth, the parties agree as follows: 1. PREMISES The Town agrees to lease to the Lessee and the Lessee agrees to lease from the Town, that portion of the Mountain Bell site shown on~the attached Exhibit A for use as a child care center and related activities. The entire leased premises including the access is hereinafter referred to as "premises." No later than ,.1993, the Lessee shall initiate and complete an expansion of its present structure on the premises. All construction plans for any addition to the present structure located on the premises shall be subject to the prior review and approval of the Town. 2. TERM OF AGREEMENT This lease shall commence on and terminate on August 31, 2002. Upon execution of this lease, the lease between the parties dated March 7, 1983 shall immediately terminate. s~ 3. RENTAL FEE For the first five (5) year period of the term this lease is in effect, the Lessee shall pay as rent to the Town the sum of one dollar ($1.00) per year. On the fifth year anniversary of this lease agreement, the Town Council shall review the rent paid by the Lessee, and upon such review, in its sole discretion, may increase said rent to an amount not to exceed the fair rental value of the premises. The Town shall conduct such a review at subsequent five (5) year intervals during the. term of this lease agreement, and after each such review may have the option in its sole discretion to increase the rent by an amount not to exceed the fair rental value of the premises. The Town shall base any rent increase on the following criteria: (a) Whether the Lessee remains a non-profit corporation for tax purposes. (b) Whether or not the Lessee operates its preschool facility for the accommodation of the public and the citizens of the Town of Vail. (c) Whether or not tuition, expenses, cost of doing business and salaries are reasonable under the circumstances. In order to allow the Town to conduct a meaningful review, the Lessee shall provide the Town at least thirty (30) days prior to the date of each review all income statements, balance sheets and other financial information at the Office of the Town Finance Director. Should the Town increase the rent due and payable by the Lessee as provided for in this paragraph, the Lessee shall have the option of paying such additional rent, or in its sole discretion, terminating this lease agreement. 4. USE OF PREMISES The Lessee agrees that the use of the premises shall comply with the following: \ (a) For the operation of a non-profit child care center in accordance with the Lessee's standards and rules as set out below in paragraph 5. (b) Not to use the premises for any illegal or improper purpose or other use that would create a nuisance. (c) No commercial or other operation for profit shall be conducted on the premises. 5. LESSEE'S COVENANTS Lessee further agrees as follows: (a) To operate the child care center in accordance with all the rules and regulations of the Department of Social Services of the State of Colorado, and the ordinances of the Town of Vail. -2- .« (b) Lessee may adopt standards for admission to its child care facility, provided, however, that admission priorities shall be as follows: (i) Students of parents who reside within the Town of Vail; (ii) Students of parents whose major employment is within the Town of Vail; (iii) Students whose parents are residents of Eagle County; (iv) Students must be at least twelve (12) months old and and no older than seven (7) years of age (exceptions to the. age limitations specified herein may be made for physically handicapped children); (v) These admission standards shall be minimum standards and may not be made less stringent without the prior written consent of the Town. (c) Lessee agrees to manage its child care facility for the accommodation of the public and to operate the facility in a responsible and safe manner. Lessee shall be responsible for the supervision and care of the child care facility and the leased premises and shall have on the premises during the hours of operation a qualified Director and a sufficient number of trained personnel for the proper operation of the premises. (d) Lessee agrees that the Town shall not be responsible or liable for any costs or obligations for the operation of the child care facility. (e) The Town may designate one (1) Director to sit on Lessee's Board of Directors to serve as a liaison between Lessee and the Town. 6. BUILDING Prior to the construction of any addition to the existing building, Lessee shall submit the proposal to the Design Review Board of the Town. Lessee shall be responsible for all costs of said construction and for the maintenance and upkeep thereof during the term of this lease. In addition, Lessee shall pay all utility charges and fees promptly after the same are incurred. It is expressly understood by Lessee that the Town will not contribute toward the construction of the building or the operating of the child care center during the term of this lease. Lessee agrees that upon request of the Town, the facility may be used for public or governmental functions that would not interfere with the child care purpose of the facility on such days and during such hours as the facility is not being used for child care purposes. It is agreed by the parties that at such time as the Town desires to use the facility, a supplemental agreement will be entered into between the Town and Lessee specifying the times, uses, and responsibilities of the parties for joint use of the facility. -3- 7. ASSIGNMENT AND SALE This lease agreement may not be assigned or sublet by Lessee without the prior written consent of the Town. The buildings and improvements shall not be sold to any person or entity without the prior written consent of the Town. 8. DAMAGES Lessee shall see that the premises are protected from damage or undue waste, and if any damage occurs to the premises by reason of the negligence or actions of the officers, agents, or employees of the Lessee, then Lessee agrees to repair said damage or pay to the Town the cost of said repair. If the Town and Lessee cannot agree on the amount of damage to be assessed, the parties shall select a neutral third party who shall be binding upon the parties. 9. DAMAGES BY FIRE OR CASUALTY Lessee agrees that if the facility constructed by it for child care purposes is damaged or destroyed by fire or other casualty during the term of this lease, Lessee shall, within a reasonable time, repair the facility to its original condition or remove the debris or remains of the facility from the site within a reasonable time. Said repair or removal shall be at the sole expense of Lessee. Lessee shall maintain at all times appropriate fire and extended coverage insurance for the full replacement value of the premises and furnish the Town with a certified copy of such insurance policy. 10. EXPIRATION OF LEASE AND SURRENDER OF PREMISES At the end of the term of this lease or upon termination as provided in this lease agreement, Lessee agrees to deliver the possession of the premises to the Town. At such time, the Town shall have the option of taking possession of the facilities and improvements constructed and located upon the premises, or the Town may, in its sole discretion, require Lessee to remove any such facilities and improvements. Should the Town so require Lessee to remove such facilities and improvements, the removal thereof shall be commenced and completed within a reasonable period of time of notification. 11. TERMINATION (a) Either party may terminate this lease by providing thirty (30) days written notice to the other party if: 1) the other party is in default under any term or condition of this lease, and the default continues to the date of termination; 2) the premises have been abandoned; 3) either party is bankrupt or insolvent; or 4) inability of Lessee to use the leased premises for a period longer than one hundred twenty (120) consecutive days. Should this lease be terminated by -4- .. ' the Town because of a default by Lessee, it shall be up to the Town at its option without formal notice or demand of any kind to enter the leased premises by any means including force and remove Lessee therefrom. Lessee shall remain liable for all its obligations under this lease despite the termination of this lease by the Town. (b) No waiver of default by one of the parties of any of the terms, covenants, or conditions of this lease to be kept by the other party shall be construed as a waiver of any other or subsequent breach or default. (c) The parties agree and recognize that this lease is entered into because of the public service being offered by Lessee. Further, that because the function is being carried on Town of Vail property and with the Town's encouragement and approval, the public may look to the Town for accountability. Therefore, the parties agree that on the anniversary date of this lease, Lessee's Board of Directors will meet with the Town Manager, and a complete review of the program, operation, and staff of the Lessee will take place. If the Town Manager is of the belief that the child care facility is not being carried on in accordance with the best interest of the public, he shall inform Lessee and the Town Council of those concerns. The Town Council may then terminate this lease by giving written notice of termination to Lessee one hundred twenty (120) days prior to termination. (d) The Town at any time during the term of this lease agreement, at its convenience, may transfer Lessee's facility from the premises leased herein to a reasonably comparable premises upon the giving of one hundred eighty (180) day prior written notice to Lessee. Should the Town so elect to transfer Lessee's facility from the premises leased herein, it shall pay all Lessee's reasonable moving expenses. 12. LICENSES, LIENS AND OBLIGATIONS Lessee agrees that it must be licensed by the Colorado Department of Social Services, and that it will comply with the rules and regulations of the Department of Social Services and shall not cause or suffer said license to be suspended. Lessee agrees to pay promptly all taxes, license fees, and permit fees of whatever nature applicable to its operation and to keep current all licenses required for the conduct of its business. Further, it is agreed that Lessee shall not permit any mechanic's lien, materialman's lien, or any other lien to be foreclosed upon said premises or any equipment or personal property located thereon. Lessee agrees to furnish to the Town upon request, duplicate receipts or other satisfactory evidence showing the prompt payment by it of taxes, including Social Security taxes, -5- ., Unemployment Compensation Insurance taxes, or fees. Lessee further agrees to pay promptly when due all bills, debts, and obligation incurred by it in connection with the operation of the child care center, and not to permit the same to become delinquent; and to suffer no lien, mortgage, judgment, execution, or other adjudication in bankruptcy which will in any way impair the rights of the Town under this agreement. 13. BONDS (a) If the construction cost of the addition proposed by Lessee is to exceed fifty thousand dollars ($50,000), Lessee shall obtain a performance bond and a labor and materials bond from the general contractor who is to do the construction work. (b) Lessee shall submit to the Town for its review and approval, which approval shall not be unreasonably delayed or withheld, a copy of the written construction agreement with the general contractor who is to do the work on the property. Upon payment to the general contractor, Lessee shall require lien waivers and releases from the general contractor and all subcontractors working on the construction of the addition to Lessee's premises. 14. INDEMNIFICATION Lessee agrees that it will indemnify, release, and save harmless the Town, its officers, employees, and agents, from any and all loss of, or damage to, property or injuries to, or death of, any person, and from any and all claims, costs, suits, and judgments including reasonable attorneys fees and expenses, of anyone, resulting from the operation of the child care facility, or negligence of Lessee, its officers, agents, or employees. 15. LIABILITY INSURANCE Lessee covenants and agrees that it will, during the term hereof, carry a comprehensive general liability insurance policy, including automobile liability (if applicable), in a form and with a company or companies approved by the Town and in amounts not less than five hundred thousand dollars ($500,000) single limit for bodily injury to, or death of any person or persons or damage to property, and furnish the Town a certified copy of said policy or policies. Such policy or policies shall include the Town as a named insured and shall contain a provision that the same may not be cancelled or materially changed or altered without thirty (30) days prior written notice to the Town. In addition, Lessee. agrees that from the commencement of construction on any new addition and during the time of such construction until its completion, Lessee shall obtain a builder's risk policy in an -6- amount equal to cover the current replacement cost of any such improvement, and shall file a copy of such policy with the Town. 16. NOTICES All notices required to be given to the parties shall be given by certified mail to: (a) Town of Vail Attention: Town Manager 75 South Frontage Road Vail, Colorado 81657 (with a copy to the Town Attorney) (b) ABC School, Inc. Attention: Director 149 North Frontage Road West Vail, Colorado 81657 IN WITNESS WHEREOF, the parties set their hands and seals on the day and year first above written. TOWN OF VAIL, COLORADO, a Colorado municipal corporation By: Rondall V. Phillips, Town Manager ATTEST: ABC SCHOOL, INC., a Colorado non-profit corporation By: ATTEST: By: By: Pamela A. Brandmeyer, Town Clerk -7- 4/13/90 Council - FYI Employee golf passes are now available. You only need to check with Cathie in Personnel to pick up your pass; you then need to take it to the VMRD Offices to have your photograph taken. /bsc ~~ WORK SESSION FOLLOW-UP 4/13/90 ~ Page 1 of 1 TOPIC 8/8 NEST INTERMOUNTAIN ANNEXATION (request: Lapin) 8/15 UUCWD/TOU LAND CONTRACT 2/20 JOINT MEETING COUNCIL/UMRD 2/27 SATELLITE POST OFFICE (request: Osterfoss) 3/I3 TRIANGLE OF GREEN SPACE ADJACENT TO VILLAGE CENTER 3/27 COMPENSATION FOR PEC, DRB, LIQUOR AUTHORITY 4/3 WOODY BEARDSLEY LETTER (request: Lapin) 4/10 UTRC FILL DIRT HOLDING 5OLUTION (request: Rose) 4/10 CML CONFERENCE/Colorado Springs ONS FOLL P SOLUTIONS LARRY: Proceeding w/legal requirements for annexation. RON: Contract in final stages of negotiation. PAT: Apply in writing to Council re: ground lease of Booth Creek 9 hole par 3 golf course. RON: Pursue station "in town" and/or increase summer bus service? RON/LARRY: Contact re: possible gift to the Town? RON/KRISTAN/LARRY: Should additional compensation be considered for appointed, standing Town boards? RON: Request further detail on 6 parcels available for land trade with Forest Service. STAN: Can Donovan Park be used temporarily to house fill dirt from UTRC excavation site? To Barber by 4/11 for amendment for bidding contractors. COUNCILMEMBERS: Retreat will be held June 20-23 this summer - reservations should be made as soon as possible. Ron and Tom signed up so far. Petitions are being circulated. Letter on possible soil contamination problems sent to UUCWD. Return letter received. Kent and Ron met with Bill George and Ed Drager, and the land swap will be put on hold for a year. Kent sent letter outlining proposed process to Tim Garton. UMRD is reviewing and will respond after 3/28. Meeting to be set up with Ernie Chavez. Will do. Will prepare alternatives and recommendation for Council. Stan and Kristan will work out an agreement with the contractor. TOWN OF VAIL MEMORANDUM T0: Ron Phillips Council Members FROM: Steve Thompson` DATE: April 13, 1990 RE: Investment Report Enclosed is the investment report with balances as of March 31, 1990. The balance of the portfolio which can be used for operations on March 31, 1990 was $1.2 million less than on March 31, 1989. In March we purchased $3 million in various government notes and bonds yielding an average of 8.368. Of the $3 million 58~ of the purchases were made with the parking structure bond proceeds, the balance was for operations. At this time we will not be investing available operating funds beyond December 31, 1990 until a decision is made regarding the Berry Creek property. Please let me know if you have any questions. IV ~~: Y IG.:. (v..rtdv lnrestRen; kFx•t $tliAaf: c' das~i.is ai,u Irves?sen:e FGr irie hUfli• [n:+n: de".r ;:, 1';l 'LG F'~i nssF; re 5d;ares Percec:c;e Feren;age uDe~z?ing Tunas bi3:ifi' of hki PilorFa h.cF'' az~~e: ncccors see pdaa i:S P,F ^::d; 5d'ne Y'.~l],-': Ei?i; 4o0 Ei,i `4.:: -.uoi S;a tladF= `t'~ES fdnas S1.5ii, Tii E!,9'i.:ii • lv 1$i iiuL Ga1LfaC: iJMF5:9E": ~J~iS Y.S+ YEc7 5.05? !GGs 1Gtai S!,CIT.oSi S1,uC1, !8i S.',[oE.91t7 i?.2Sk C5R4E"C id! $d4:~r: 6 SdGRa iCiP.e E: ;.:°:Ct :Fe 5e0i'`:: '. SEF ~3ge ?' [di:E .~'.fq. l.._:~t:;l`- Y.J,14~_ S.o ~`. Y!V,ii". 5.5c$ .,,. .c.c*ea'J !-.:utu:i~r.: f( u.CUt as :. Ji :. ..::;ia l: r.= 3:..~^.t.r V! E:.2. ~L'Jb ... .:. G'-~ Eru".. ~JL C <..b~..LJV 1:.5.6 .... f:,. ~c. . .... -.u5- Y:., 3S,dGG Y~9_. 4:: Y2,. . .~.0?. :ui} ~M1:.d ., dea nL ~F ro: _J Y~. ~.1 .'~, .. ,.: a hi ::5 n E:.;s Yi'si .. i~; ;a,P:(. ~~J Yi, L'<(',;15 a.i t'i i(.i (.>, it ..7ts t,..~., El~.i'8 E.i,E;S S'.1E iOP: F°.:F 2. Mael':~ .::d n:.6:?5 o- (u~:5 r ._ .f.') Y:.:7i. , . 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YiEip DatE DatE at 'vurrnasE Value First aeErican Sank, bosun ease rDi: 10.2908 lD.2908 :2-6Cr8i !1-N~o-9C i04f f99.t'DO 4aii National sank FDIC Y.iSJi D.'S6: 0!-a[r-E9 0,-ap'-GO 3aS 510,^2 Firstate F:nanciai, Grland:• fionaa FSLIC IO.SD08 10.2w$ 31-MarD9 D2-P.,--9 3Sr f99,D90 San antoaio federal Sawinos Dank, ~esla:c lease FSLIC !O.SODB !O.S008 03-apr-E° G3-apr-?; 3Ei f°S,D00 Security Say:ngs any loan, Chicaao'iiinoie FSLIC 9,9508 4,9508 IS-AGr-E4 i8-apr-SO 3oS S+S,DCO MidstatE Sdvings dn; loan. as5ac.ator. Baltim~E Mary:and Fsuc ID.3=sag lv.lvoa 21-ap>-DS is-octaD s,s s9s,vvv F 'at 2a~:nCE dnC ::..".. SE~E~li nliie lt..'u~liE ne>E"ved FL".:E FStiC ;e.3.'S: .011:8 ..-Gtr-53 Ol-]pr,- . ;E, 39=,OCt ate .:~_ Sarin: a~~a ~~_~, lni . ~..:'Jrnie keeErvEd Fur.. Fs.r ID a~b lv.2sat :~-,p--ss o: vE~ ;: 4ta s94 DDD t cuEn t ;LVeE:22'L fdnf. Eda r:rE5n0i:r, f:, YeSE,'YeL "rode °ut;. S.3COt 4.0':;:8 :i•.__-k"- .:-,15:-9: ? 4 f9s,DLS MBESLedC $dYl9,E RSSJCia:iO', hc--.E:SMn. ~C, FiSE'vE: ':. fi $PCd: is FdCiiic stare Ean~, 1~~, ..^.e. ~6 fCiC 08 .. .. ...-.. :~: 4 !S D.iD.~ :ui-0: - 56~ S9".~u Ezs:'dnl, hew ~c~n. hr Fax 4.DDat D.~D$ :1-J.. E~ -::J!-s: :$t~ f44.tDt Dren!~'JOC aoLa:E zdiiti95 d.".: LJc".. .:5 an0e a> ._.. •:'S1d EES£~4E~ fnniF FSlii I:.1:Bi S.4tD# 04-hz?-:~ C:-nav-;1 12S f44,i06 fL Ei v"e>: rE 6dnr:, keene h5R -aepSG:"5 fvi, lv.lvof 9.$sca Is-Ma~-e4 -,-Md,--o =., fss,DD.~ ?ruEtcorr Dzn1.. Sciec:. Drio fDI: 9.1508 4,190$ _2-Ma~:-E~ ld-Mdr-9i 3t' f9S,000 St Ecacnd'<. Szrines anc Loan ssoddtioc. Fhilaceiohla FErnsrlvzr::a fStiC Ii.2Sts 10.008 OS-Mdr•89 DS-Nc:-50 S~9 fS~,CO[ Monadnock Da^.t, Jaffrey ker NaepshirE f01C 17.0008 9.iSD8 12-Mzy-E9 11-hay-4D 3E' (94,000 f ldE.ity fe'uE'e! $dYinDe BEfik. Fri^.nlv.^.^. Yirj;r~ia FStiC 16.0068 i0.PD08 PS-Mar-S~ Oi-tay-~0 36- E9i,E7t klsiaf National Dank. Merin Mia¢. F:orica FJiC 4.10G$ 9.'OOt .S-na,-5" 2S-nay-%d 's~S 59=,002 Yestsioe Sd~irves and loan asso:ia:ion. Ga ~SllC n.,S08 D.ASO$ !3-Mr9i ?.-+ar9G 2E2 fSa,77,. facE 2 Coriinuec Certijicatss cf Dea~,t as o` Noce `.. i4S0 Danh Naae, Laation Day: to Rates Purtt~ase Natdrty Nau~ity Maturity los Co~ort Yieid Date DatF at Purrlase Ya:de StanCZrd Pacittc Savings and loan, Xe~oert Caiifvrnia =.e;erveo Funds PSui S.8?i8 4,b;08 26-haytS 2?-Nay-9: l:i ='i,DDD Century bark and Trust, So®erv;ils nassachasetu Reserveu 'urs FDIC S.~SDB 9,ISC8 2b-NayES ?b-Ne~-96 Sl9 S94,D00 Century bank oP Sc`fclk, Suffcik Massac~usette Reserved Funds FDi:. 4.4508 9.1SD8 SD•Mar•E> Y9•Nw•96 SfE 59'',00: Reccoiic Nationa: Bank. Pnoeni~ Aritone Reser+ed h~~cs FDIC 9.RD8 9.5008 3D-hay•C4 74-Nr¢-70 SlE SS9,D60 Lynda~ville Sa+inps ban4 6 irvst, Lrndar4ilie, V1, Reservec Funts FDIC S.2SGi >.OSD'b 2b-Du1-69 Oi-1dn-42 18+1 599,000 Mission Ue?c Na::onai Bank, Mission Yiejc. CA 'C!C 9.x008 5.;508 ;G•1u: S+ Ds-Apr-90 ia4 f44,COC toast Eann, ton. 4each, CA F9:C LeSD$ 't.DD:' 1G•11:-5? ]7-it:-4C 3e`. ESS.JiD Cna'tei ELGM' 'u' $aFinus. Santa IF. hN F.::;, ,.iSOE ~.OODBeD•Cu_ ;'.• ~:-~~.-'r[ 3S[ t4`,OCJ A.; 1iF:: 4.S?Dl Si.6E:.99. vary t:: Ci:e'a, ~jx =......cc_=: id~i~DDp.~ 0,10,'36 511 Fa.a 1 -.E'ri6E:: bE:..!!Ef a5 C ha :n ;... !iiC F ii~rea;.rY NJ!f; f gi iicFa '0.d'; t[ Intfres: katE Purfcasf Mau~tty naturay rEE :. Fauk fa- i;Ce fUttl GDlpci, vleltl Gdte Gdla at PdrC"a;e n;:Ui i:y Kdida %d. Ue Ecnc PDOiED gash i.E"S8 7.4;U$ li-nar-Si 1S-Feh-7c '.S~ S.EE S_30.7G[ f23D,[OG Sua; PerE.;ao E.B1S$ 9.Oo7t 02-GE:-& 3C-Nor°i' 1.?F G.6' f2SC.ODD f2S:.000 E¢.d PEh: SErv:ce ".31St f.E3C~ 2E-Fe:~ E`• 26•feh•?0 2.OG 0 °2 S2GD,DOD f2;C.CGC 6a1~ Lek: SEnlce f.L`G$ [,2S9S 3i-puh-F? 3!•kuc-Si 2.0: [.11 SaCC,D00 fS00.C~~0 .... Patk:ng 5.iol$ DE-FEC-?c 09-N,g-=0 D.'.C ~ 0,36 fD[D,e'[ S:,9oi.GOD Peerage haturay Yfd r; LY 52,0+G,E10 fi.['E6,npr, Areraae 1ia;d 3.36% • -_--•------ ----=------~ tFii1z01ir[nase NvreeeE; ==ii Purcna;E Ndtdrit-': :ar ]nstitdtiD9 Ys[t DatE Date value norgae Star._ey = 'r.ESDt 1st Des.Eri Bec. lone 1, laS( .:"n:~g Ford IpaEetlEi~! lC netlre i.C. D[nd; S n;Kr~~Er.s IEara tC H!:aa:E: IL:e'C'$t NE:E P.: ;hasE ha:5r 1'.'• IS6:.'1!Y IEd'e tr Pr:a::Gd: Asa. CG~7Jr r:ei6 „atE ..:z a: ~urchdEd tatanty Oc:;tanatng 587: 9. e::> E. i:~< .~-$uu-Ec aY .i t-e'$ 1Y.1:~ 15, OG fr.,.Si i3:i. E.u.•°-. S.SOC@ .=-fkt-ft i!~-0Ci-Gc 2c.2C 1LOC 4~&,f23 i+i.~ S.GCD! %.2U:=. :~-Dc~ 3e .i•dan-d' 21.20 1D.UG S~°,:2i Fi `:E_h 5.113Y ~ n c 5.1..29 °°id.S. Sz~:noE Sa^~eu: ea•E tc ;'SUE tat L;ity na:a;il} YEar_ :. %oaE nz.~^ !1 Se';es ~aeia Cale U ~ at P.r:.a;E nz:ur::y tdiuE tile: E. .[iG8 G.-JCL-Bc 0.-Dt:.. .. GD o.6i 4ii.?i._ &3 ,0". ------ -------------------- ---- ----------------- ----- F:: cE:E."E. Nhfn.Y .:SLDucI dutEc d 4Gaupsa :merest ga:e =yen.; P.n: CDJOCr. Y.E:a Fh[fi Partlna 4.40G$ 0.40C8 FP;E FerY.inc ..CGCY, 8.0(Oi FN[' ParNilc S.2:St F.S Panlnc £.SUCt E.G50[ 'r^;E Far~iee S.1:S8 's.l)'b ~NttE ~rJlef Cas,^, 8.2tSt =8(i Joa Cash C.4:G$ C.;'6~ F: •;:_ec Cash E.::(i 8.3SOi FA'_: P.:raing B.:':Si cx.s Panirc S,S:L"x B.SC76 Fau .;iz, :a;r i.31:f F'a-, Pcc:E~ .a;n E.1-Ot F'1. P8`•lpr °.170r. Nvfi a~E :E,: 0vEr3''r. Ga.E 7: Aat t.., ... .V iC.; oars S. F~rchasE ra:.ri:. Xa:diita Dars to Date DatE at F.':'.is: tla:dn:a .c-nE~-•S 2.i-`ay-90 3t G. ]D SS.OC 2S-aan-fu 2S-1an-;1 3::.00 3~:.CC C7-Fa:''-C d:-&u, ?D i3.J0 123.7: . •FE:-rd 23•Se[-9(' 2i:. G( ['E. SG . ch-"i .:-Da-" 2... ~e.OC [. "EL ?v It'6t: 4d :<..DO cC:.DD !°_-Ff:-;G .:-nor ;'C 2N .:-0 2#D.00 Ol-8zr-4G 0:-Sec-tU ;S" D6 ..'.OG 3G-hf'-~: D~-..i-1: 9s aG ,~.Do 2t-^a~•S6 2o•SEG•Yi~ lSd.): 17?.D: 2~•he -'sL .'-Nog-"ri 1Si.OG . r.06 .1-oa--1: :E-`'.EC-'iG S`.. JO :Et. Gi ;~ ha -4~ ,;-Sec-YO 16<.00 1''.G[ .:-:an-4[ iD-nG+-i0 2~a.'OD 232.6'. 3; :an_4; 2L-dc.-3C' 2n1.0('' 2di.0( .iY .'~ -DIe: P'-7° ; EroF, hdt_"aty Vane vale fSDG,DL: SSCC.CC( Sf>D.08G ST::.~:; 3Sc2,S6: 31.7GD.OOG f[.CC(.[i( 3..000.OOC Si,Oi';.0s: Si d00.GD0 f11G,:SS f750,G0( SSDD.DJG ~ SEOC.OGO S:•D[C.DGD fi,DOD,00( Sa°C,T22 SSOD,000 S~(".22. f1.GG0.Cc( f2S=,OGU Yi.0,0:G lsE3.l0i fS:.SDC $al0,ci? f:O:,G:G f:SG,6'o( fT:D,:UG S ~r'J..~3 S iC,Dd~ 523+.3E. S:iC,Ov( f ,oCS,sc~ S1G,OCG.GCC ii2.C3i,:.: AGENDA REGOLAR MEETING VAIL METROPOLITAN RECREATION DISTRICT BOARD OF DIRECTORB WEDNESDAY, APRIL 11, 1990 VAIL TOWN COIINCIL CHAMBERS 3:00 PM 3:00 PM REGOLAR MEETING 1. Call to order 3:00 PM 2. Approval of Minutes: March 28, 1990 3. New Year's Eve - Joanne Mattio 4. Sub Committee Reports a) Youth Services - Joanne Mattio b) General Rec - Barb Masoner c) Dobson - Tom Salasky d) Golf - Bruce Firm 5. Eventure Sports, Ltd. - Paula Coulter, Tournament Rep Kraft General Foods World Tour (Vail Tennis Classic, $100,000 womens professional tennis tournament - also known as Virginia Slims) February, 1991, Dobson Ice Arena 6. Symphony of Sports - Dodson (see Attached Chastain note) 7. Ford Park Tennis facility a) Punch list b) Construction budget 8. Approval of Head Golf Professional Contract 9. Approval of Concession Agreement (driving range, pro shop) 10. VMRD staff involvement with local/national organizations (see attached) 11. Approval of Purchase Orders 11. Adjournment ATTACHMENTS: Minutes 3/28/90 Symphony of Sports, 1990 - Chastain note Easter Egg Hunt, 4/14, 10:30 AM, Dobson Arena-FYI Jones memo - $25,000 presentation - FYI Final Outdoor Ice Rink Report - FYI Garton Letter - FYZ ($25,000) - FYI NOTE: COMMENTS DUE TO JEFF WINSTON 4/11/90 TOWN COUNCIL MEETING, 7:30, 4/17/90, $25,000 PRESENTATION MEETING WITH E`'MD, 9 AM, 4/19/90, WHISKEY CREEK Symphony of Sports 1990 Update to the VMRD Board of Directors Wednesday, April 11, 1990 I. Current Status with Town of Vail town council * funding request at April 3 work session: Council responded that they would contribute $ 16,500 to the event provided that we are able to negotiate with S.O.S. Inc. to provide 100 seconds of television exposure exclusively devoted to Vail; either in spot format or the equivalent. II. Current Status With Symphony of Sports Incorporated Spoke with Eva Auchincloss of Auchincloss and Turner; (Producers of S.O.S.) immediately following the T.O.V. work session. Her response was that it would be difficult to include 100 seconds of commercial time; in place of paid advertising, but was fairly optimistic that 100 seconds of Vail exposure could be included within the special itself. They will contact the VMRD on Monday, April 9 to confirm these details. ~- ~ , ~ K C 1~ ~5~-q, ,~ Hey ! ITS ALMOST TIME FOR THE 1990........ ~~~~~~ ti i~'' ~ '' FOR MORE INFO , ,. Call The Vail Metro Rec ~~~ ,.. District at 479-2280 I/~~iiwlLv w r.p.p..r... rcr. ro. a : . ,ounger ~he ~ ~~eneratior v.r Caorwo t~ss~ ~~~ ~~~~ ~h~~ SATURDAY, APRIL 14, 1990 10:30 am ~ ~ ~ ~' ~ DOBSON ARENA PLAZA ~ ~ ~ ANY CHILD AGE GROUPS: 2 - 3 yrs. 4-7yrs. 8 -12 yrs.. ~~~ FREE /~l~ch Special Thanks To: Vail Associates Dobson Ice Arena •• ~~• ~~ ~ ~ Hunt Starts ~~~ Promptly at ~ •~ 10:30 am _~ TO: VMRD BOARD MEMBERS " FROM: BRIAN JONES DATE: April 4, 1990 SUBJECT: $25,000 PAYMENT TO TOV Please be advised that the request has been made to include the presentation of the $25,000 check to the TOV on the agenda for the April 17, 1990 Town Council Meeting. You will be notified of its position on the agenda prior to the Town Council meeting. FINAL OUTDOOR ICE RINK REPORT INCOME -Private ice rentals -Skate Admissions -Skate Rental EXPENDITURES -Maintenance Staff Time -Ice Rink Attendant -Rental Skates -Other expenses (parts, supplies, other contract labor, etc.) Revenues under Expenditures $4,618 6,160 3,045 6,648 $5,246 20,471 1$15,225) work\rink ~'~ o D w METROPOL/ TAN RECREATION D/S TR/CT April 4, 1990 Kent Rose, Mayor Town of Vail 75 S. Frontage Road West Vail, CO 81658 Dear Kent: 292 west meadow drive • vall, Colorado 81657 • 303/479-2279 This letter is intended to explain the accompanying $25,000 check to the Town of Vail. As you may recall, one of the stated intentions of the VMRD - recreation consolidation is to reduce the TOV recreation subsidy, if possible. VMRD is now fulfilling this pledge in a couple of ways. We are effectively reducing the TOV subsidy in real terms from 1989 to 1990 by not increasing it commensurate with the increase in the CPI (say, 5$). This will continue to be the case each year the amount of the subsidy is not increased. Secondly, the VMRD Board has voted to reduce the 1990 TOV subsidy by initially returning to TOV the sum of $25,000. Additionally, VMRD will consider returning another $25,000 to TOV sometime during the fall of 1990 contingent upon the success of its summer programs, particularly golf, and upon the District's financial status at that time. The VMRD Board and staff are proud of this year's accomplishments while simultaneously effecting a reduction in the TOV subsidy. VMRD has increased, we feel, the quality and quantity of programs and facilities (including the new Ford Park tennis facility, the outdoor ice rink, 400 meter running track and Youth Services sponsored drug education program). While VMRD recognizes that certain programs such as Youth Services and the Nature Center are necessarily money-losers, they are nevertheless deemed to be of sufficient value to the Vail Community so as to justify their continuance. Other programs, such as golf, are profitable. We feel that the VMRD has sought to run all of its operations in the most economically efficient manner possible. Y Fortunately, since our assumption of the operational responsibility for the Dobson Ice Arena, we have been able to institute policies and procedures that have allowed for significant savings without ' compromising the quality of our programs. While this is only one of the areas in which we have concentrated our efforts it was certainly the most productive and is largely responsible for our ability to write you the enclosed check. Although this money is returned unencumbered, it is the VMRD Board's hope that the TOV will channel the funds into recreation - related projects. The athletic field lavatories would be just one example of a project worthy of consideration. Please consider this payment affirmation of VMRD's intent to continue to provide the highest quality recreation to the Vail local and guest community in the most financially prudent manner possible. Thank you for your continued support in this endeavor. Sincerely, Timothy R. Garton VMRD, Chairman STATE QF ~~S~Ro~ COLORADO DEPARTMENT Of HEALTH ~~. 4210 fast 11th Avenue relefax: w Denver, COlOratlo 80220-3716 13031322A076 (Main Bmlding/Denverl ~ ~^ Phone (303) 37L7-8;33 (3031330.15]9 (Pnemigan Place/Demrerl • ' ~ ~ ` (303) 2/8.7198 Grand lunetion Regional Office) ` ` Roy Romer Ti': Iafieresr.=c ?~,rt ies Covemar -l''U: D?9.n: ?9ra0?ll.^.i. ^~aQl? ~"P. P. l,n-SirP +'::7r~?':iira+n`.YU ',Jr Thomas M. VernDn. M.U ~P''G' M<3Tt''? ~"; ate:. - E%scutlve Dlrecror it~^ Sf'~,i ~+.._ C',d~<~.g ~Alnr4 ?rP~1.m1^??.r y=>.~ :r.,. ,, '(3^'_l:_ ~~5'+. -. ~- ~e(`•irl?2rV iQG(1 •: `1e fog=owing i3 d:l '27J C.2.~e 'eca^•~ rnC r'e .r. +'_8 ;+'I~nt~ air TIC^. t7r ing 7y r, rra;; rl'.^;_r r:?e !-:'~:; w+:1 `+'r *'t1ll 1'-Cwn 3e?RSt?7_. ~`'.e zirbo^ne '72rt :Cr+', ;~, !-w r~i•~ rC~i :yn~-p~ ti. ra .it11fi+WA'C'C 21`!1 cl3.T 1no~1i>:cr.s Sl'SOwn 1.n fibs aCCO'?',?%P~7?.1r* ra}h,e are pr?i.i111i:13rTF in ra-nr?. nn;S ;Ae~P.= "e?St file. "_'O-a! :l?P[7P.*1GPC1 F~rr;c:li+:lra iTCJ~) '7=_':.125 m2`) }'P r2<~igpn ~f-Pr ?7+<;;sr'.'1C' '31:ri •,a,iiG.'7.1"CC 'b<7 t; E` ai- •-7P..r2Ct6r =^C thR. 5~?rg, '.re :r.°^r:^ac :+J TS 1"s 'iEiF'+'.1 i^ . a gcacc i.1 r; P!`t1$c.'.. ^_E vi... _na 5:7+:'V .. 'P=' .C:?17 i>;ions 8,' :uP i . Ai .'"E?R!'. ~~ i_1 7C ~?°St-c.1 (1*'m?:1 27:h(: Si.:: r?. -••]o _.~::C2 ~T'^ar :Q^^_ _ ___ ?lu -^~ Ct l.~ _,.n.~R :`e ..;i e!^..i `.3 ?. '.vDS . ... '."°.':' .'31:':?_y r] LC.`.' .~~ a^ ''?uY_ _ e - t'i~. tiG '+11:. pLP' ':C-. ti0.^_ 1!r~:'mJ :"•T ::L~jc ?nr 1Hil.:'.,'. =s'. `. ~ ~^i:.iC ?iB's3r :.r '1 '_^... f, r.... A;? 4C.5n.S O!?N 7111 ._'t^1?t.': ~ (iili) l~?,il t?- ;Y .?++'.. .. .. _ G7:_.-Wt?g'.^.~ri. ~3=_ :1^_ :-.._ ..^.r< _^. T" '+'r? SLSnta1?r Pd =.'lr1<idi PS "°ffia-. °_'1 :3 O_r_ '.~?A Ia +"?7~ 'r?~"in'r. @ w3.11 (_~.~ . .,: rC,gwiT F:Ea50;? .G. a_~.G4JPr ., r^P a? r a ; ~ oc ~::7n.`'. ;1Prm.it . The ....-= a-._ •ro~,"-o-~ ~oz~;r..~ ~ ,...,P,.~~., .,,.1 a 1 in E da•r ~;-''^,enlzle .. "r.l Detwee?'i 1)'12 G'lif~C^leSi-orn ~(.;7eQille~ '°-.2 i'1+.1n T.'irp ;~1C)la l° Sr^col indocr monitor was neat*ivatet+ an MareiT i. T990 witkl concurrence by the Eagle Count<~ Schcol ~3istrict. Chemira.i analysis f~+r J2ad. cadmi7:m, and arsP*?ir. will concirl.le r.n be performed on the State samples throuch the winter season. For additional informatior_, aleRse contact Dick Farachini at 827-5328 (MinturnJ or 331-481 (Denier}, DAMES &. MOORE .~ PROFESSIONAL LIAt[TED PARTNERSHIP ~ +- 1125 SEVENTEENTH a'TREET, SL'1TE 12~ti~, DENVER, COLORADO 80202-2027 ^ (303) 294-9100 FA~C (303) 299-7901 March 14, 1990 Mr. Richard Parachini Colorado Department of Health Onsite Coordinator Eagle Mine Project 4210 East 11th Avenue Denver, Colorado 80220 Dear Dick: Enclosed are 20 copies of the February 1990 Airborne Particulate Concentrations Report for the Eagle Mine site. We would emphasize the provisional nature of the data and the fact that revisions may be made after auditing and validation. If you have any questions please call. Sincerely, DAMES 3c MOORE ~i((!M1 ~Clt~t ~ uM, . Brian Kiernan Project Manager BK/rl cc: Howard Roitman, Chief, Remedial Programs, CDH Bob Winn Bob Neukirchner Dick Scanlan Dave Warren Barbara Lewis a i AIRBORNE PARTICULATE CONCENTRATIONS EAGLE MINE SITE February 1990 ~~g/m3} SCHOOL SITE NORTH SITE Date Sampted TSPi TSP oz/o4~90 s.9 12.3 02!10/94 10.0 7 6.0 02/16/90 15.0 13.3 02!22/90 10.0 18.7 02!28/90 10.4 24.2 ~ =Permit limitation 150 pg/rrt3 .~'G THESE DATA ARE PROVISIONAL AND SUBJECT TO REVISION AFTER AUDITING AND VALIDATION. Rf~~'~PR 1 X1990 Town of Vail 75 South Frontage Road Vail, Colorado 81657 April 17, 1990 Dear Mayor and Members of the Town Council: Although I have not been able to read the new Vail Village Master Plan, it is my understanding from the Planning Commission discussions that the Garden of the Gods was not designated as an density "infill" site in the recently adopted master plan. Also, I understand that the new master plan identifies.several sites in the immediate neighborhood that are more suited for density infilling. I do not understand, after attending all of the Planning Commission public meetings concerning the Garden of the Gods proposal, how a property which was not designated as a density infill site in the new master plan can be permitted to exceed the G.R.F.A. limitation by approximately 860 sq. ft.? No one on the Planning Commission or Community Development staff will take the time to explain it to me. I do not understand which zoning rules apply? I do not understand, that because the overage in G.R.F.A. is. represented as an employee housing units, that the Garden of the Gods proposal now qualifies as a density infill site? I do not understand why some of the accommodation units cannot be reduced in size so that the proposed project does not need an increase over the G.R.F.A. limitation? I am concerned about the bulk of the building. Many times I have requested from the Department of Community Development a copy of the new Vail Village D4aster Plan. However, no one in the department has let me see or read the new master plan, even an office copy, because they said the master plan was at the printers. I want to read the new Master Plan. I need to understand how a building can be approved that may forever change the scale, character,~and zoning rules that apply to all other properties in my neighborhood. For my own peace of mind I need to read and understand the new master plan and the specific zoning rules. I respectfully request a delay in your deliberation on the Garden of the Gods ordinance so that I may be given the opportunity to read and understand the new Master Plan, so that I can express to you in writing my specific concerns regarding the Garden of the Gods project. S ' r y , c-~_ r~ w~ M.B. retta Parks L`r~~ , r~ - Car! 1~ ~'/rnr.trv ttirr~- Fr~zeaxm - ~,~. ~o~-t~`a`-~~-~~7~v^ 3G`~~ • a~aitab ~ ~vK~ST S~'/~u~tis Ll~nNr~ . _. fi6° • ~Cttr'aLs 015 J~4`' r ~GD-GS,Fbo ~ket ~ ;~~" .Lti:trd elu~•l,; ~ 93~i~iv:t ~7,~ ~Eta:r.(Gt^CrIA~ HEIGHTS ., , , J ~ _~~ . atub~r ~,? ~ i5~~!"ux-) ' 4.. ~ ~ a ~, \ ,~ ~ ~' ~' ~' ' ; i~ R t ,a ~ F "' "~" ~" ~ r ~ ~ i'~°~ ~~q 0 `~~ ~ f3~ B ~1 y `~~ ".X / ~ ~ ~ lv~_Z ~r~ - ~~~7 4 /Y(41ht~ ~r<~~ all P,r,., ~' e: . .,~` i, <,. ! Y~ ,,.~ ~`/ cf~was~ rkuy, - ~~ ~, ~~~ • ~ L "c~~ ;~~ 4t'~PV ~~ Cr' G ~ / ~ .' ~~~ 1~' .~ .~. f + ~ ti r 1~ ~~ ks--, ,~~ ~. -S tUN S ~ ail ~. .._ / /'' 4 :~~s' ~ ie p ~ a~~~ ~ ~ ~°~r`~ a~ r ..... ., .., ~ ~ i r ~_ ,~~"' at~U1 Y';~xr i v ~ dt.n~w'ta 010390 220 ASSIGNMENT OF CONTRACT 1, THIS ASSIGNMENT OF CONTRACT (the "Assignment") is made this ~ day of January, 1990, and is by and between GEORGE N. GI LETT, JR. ("Assignor"); and THE TOWN OF VAIL, COLORADO (the "Assignee"). RECITALS A. Assignor has entered into that certain vacant Land contract to buy and sell real estate dated September 5, 1989, as amended on October 13, 1989 (the "Contract"), entered into between June Creek Ranch Company ("Seller") and Assignor as Purchaser for the purchase and sale of the Property known as Berry Creek Ranch Filing No. 5 described in Exhibit A attached hereto and located in the County of Eagle, State of Colorado (the "Property"). B. Assignor desires to assign to, and Assignee is willing to accept, an assignment of the Contract upon the terms and conditions set forth herein. All prior negotiations, dis- cussions, and offers between the parties with respect to the assignment of the Contract are merged into this Assignment, which alone sets forth the understanding and agreement of the parties with respect to the Property, the Contract, and the assignment of the Contract. A GR F.F.MENT FOR GOOD AND VALUABLE MUTUAL CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assi nment and Acce tance of Assi nment of Contract. Assignor assigns to Assignee a o its rig t, tit e, an inter- est to the Contract and all of its right to acquire the Property and quitclaims to Assignee all of its right, title and interest in and to the Property. Assignee agrees to assume and perform all of the obligations of Assignor under the Contract as if Assignee had executed such Contract on the original date thereof, subject to satisfaction of the conditions precedent contained in Paragraph 2 hereof by Assignor prior to the closing of the transactions contemplated by the Contract (the "Closing"). 2. Conditions Precedent to Assi nee's Performance. The obligation o t e Assignee to accept t o assignment o t e Con- tract and to assume and perform all of the obligations of the Assignor under the Contract are subject to the satisfaction prior to Closing of the following conditions precedent by Assignor i 010390 220 (which conditions precedent are for the benefit of the Assignee and may, at its option exercised in writing, be waived): (a) The warranties, covenants, agreements, and representa- tions contained in Paragraph 3 hereof being true, accurate, and complete as of the date hereof and as of the date of Closing. (b) Assignor guaranteeing the obligations of Assignee, in- cluding, without limitation, the obligations of Assignee under the promissory note referenced in Paragraph 3 of the Contract, if required by Seller under Paragraph 4(c) of the Addendum to the Contract at or prior to closing under the Contract. 3. Re resentations and Warranties of Assi nor. With re- spect to t e Contract, t e Assignor covenants, agrees, warrants, and represents as follows: (a) Assignor is the Purchaser under the Contract and has not entered into any agreements whereby he is acting as the nominee of or on behalf of any other person or entity in connec- tion with such Contract; (b) Attached hereto as Exhibit B is a true, accurate, and complete copy of the Contract, together with all amendments and modifications thereto; (c) Assignor has and will not enter into with the Seller any subsequent modifications or amendments to the Contracts or any other agreements relating to the Property without the prior written consent of the. Assignee; (d) Assignor has not made any pledge, transfer, conveyance, or assignment of any of its right, title, or interest in and to the Contract or the Property; and has the right, power, and authority to make this Assignment, which is its valid, binding, and enforceable obligation; and (e) To its knowledge, no default has occurred under the Contract, and no event exists which, with the passage of time or the giving of notice or both, would constitute a default under the Contract. 4. Termination of Assignment Prior to Closing by Assignee. If any of the conditions prece ent o this Assignment are not satisfied, including Assignor's failure to execute a guarantee to perform the conditions in Paragraph 2(b) above, as Assignee may determine in its sole and exclusive discretion, Assignee may terminate this Assignment at closing. If Assignee so terminates this Assignment, Assignor may, in its discretion, elect to -2- 010390 220 perform the obligations of the Purchaser under the Contract. Assignor acknowledges and expressly waives any claim for losses, damages, costs, expenses, including attorneys' fees, or claims arising out of Assignee's termination of this Assignment and the failure of either Assignor or Assignee to close under the Con- tract. 5. Earnest Mone De osit. Upon execution of this Assignment, Assignee s a pay to Assignor the amount of the deposit paid by the Assignor to the Seller pursuant to the Contract, in which event all of the right, title and interest of Assignor in and to the Assignee shall be deemed assigned to the Assignee. Assignor warrants and represents that it has paid to Seller, as earnest money pursuant to the Contract, the total sum of $50,000.00. The earnest money deposit shall be repaid to Assignee by Assignor in the event Assignee terminates this Assignment as provided in Paragraph 4 above. 6. Coo eration b Assi nor. Assignor agrees to cooperate, at no expense to it, wit Assignee in Assignee's efforts to purchase the Property and in Assignee's efforts to cause the provider of environmental reports on the Property, Woodward-Clyde Consultants (including any additions, revisions, or updates to such reports, copies of which Assignor. shall provide to counsel for Assignee as soon as received) and the surveyor, Alpine Engineering, Inc., to certify to the Assignee that the Assignee may rely upon such reports and surveys as if they were addressed directly to the Assignee and prepared for its exclusive benefit. Assignor shall not be required to pay any additional sums in con- nection with such cooperation and in obtaining such consents to certify such matters to Assignee. 7. Conditions Subsequent to Closing. Assignee agrees that, if Assignee purchases the Property pursuant to the Con- tract, the following conditions shall apply to Assignee's owner- ship and use of the Property: (a) During any period of time the Property is held by the Assignee, the following restrictions shall apply, all of which shall be subordinate to any Deed of Trust encumbering. the Prop- erty securing a loan made to Assignee which may be recorded in connection with or subsequent to closing of the purchase of the Property: (i) Ten (10) acres of the Property or the adjoining Miller Ranch property (the "Miller Ranch") (if acquired by the Assignee), at the sole option of the Assignee, shall be developed for employee and/or affordable housing. A. An application to rezone the Property for employee/affordable housing purposes must be filed with the -3- 010390 220 County of Eagle within two (2) years of the closing of the Prop- erty and construction of employee/affordable housing must be commenced within three (3) years of the closing date. B. If commencement of zoning and construction on ten (10) acres of the Property or on a portion of ten (10) acres of the Property, the location of which shall be determined in the sole discretion of the Assignee, does not occur within the time frame set forth in Paragraph 7(a)(i)(A) hereof, ten (10) acres located in either the Property or the Miller Ranch, the location of which shall be determined at the sole option of the Assignee, shall be conveyed by the Assignee to Assignor at Assignor's option, at no cost to the Assignor. If the .land is conveyed to Assignor pursuant~to this provision, such land shall be restric- ted for development as employee/affordable housing as a covenant running with the land. (ii) A portion of the Property or a portion of the Miller Ranch, if acquired by the Assignee, shall be developed for recreational purposes as Assignee, in its sole discretion, may determine to be appropriate. A. Assignee shall file an application to amend the zoning of the Property to permit recreational facilities within three (3) years of the date of closing and shall commence construction of a recreational improvement on a portion of the Property within four (4) years of the date of closing. B. If the Assignee fails to commence zoning and construction of recreational facilities within the time frame set forth in Paragraph 7(a)(ii)(A) hereof, the Property will be con- veyed by the Assignee to Assignor, at Assignor's option, upon receipt by the Assignee of a payment equal to the purchase price paid by the Assignee for the Property, plus an amount equal to all carrying costs (e.g., loan fees, debt service, etc.) relating to any loan obtained by the Assignee for the purpose of financing the purchase of the Property as provided in Paragraph 8 below. (iii) The conditions set forth in this Paragraph 7(a) shall not be deed restrictions and shall not be covenants running with the land. They shall be covenants personal to and binding upon the Assignee only, and the covenants shall survive the closing of the transactions contemplated by this Assignment and the Contract. (iv) The Assignee will be restricted from selling the Property to any private party except as may be necessary for the purposes of financing the purchase of the Property, except as provided in Paragraph 7(a)(vii) in connection with the construction of employee housing, and except as provided in -4- OI0390 220 Paragraph 9 below. This restriction shall not apply to any lender or its successor which acquires title to the Property through foreclosure or deed-in-lieu of foreclosure, (v) The Assignee is entitled to use the Property for other public purposes besides recreation and housing so long as the conditions of Paragraphs 7(a)(i) and (ii) are fulfilled. (vi) Neither the Assignee nor the County shall use the Property for construction of an eighteen (18) hole golf course. (vii) If any portion of the Property is offered to private developers for the construction of employee housing, Vail Associates, Inc. shall have an equal opportunity with all other private developers to submit proposals for such purpose. (b) It is the intention of the County of Eagle to hold an election to place the issue of raising the mill levy in order to finance employee housing and recreational facilities on the Property before the voters of Eagle County. If this election passes, the County shall be bound to purchase the Property from the Town of Vail. Once title to the Property is obtained by the County, there shall be no rights of reconveyance applied to the Property and the only restrictions which shall apply to .the Property shall be as set forth in Paragraphs 7(a)(vi) and (vii). 8. Assignor shall have the right to approve any lease purchase agreement or other financing mechanism which pledges the Property as collateral for any loan Assignee obtains to acquire the Property or which Assignee obtains subsequent to closing to refinance or reimburse Assignee the funds used to close the pur- chase of the Property, but that approval cannot be unreasonably withheld. Assignor's approval shall be based on the inclusion in the loan documents of provisions which reasonably meet the provi- sions of Paragraph 8(a). (a) Should the Assignee finance the purchase of the Property or, subsequent to closing, obtain financing in connec- tion with the Property with a lease purchase agreement or with any financing mechanism that requires the Property to be conveyed or pledged as collateral for the loan, such a conveyance or lease shall be permitted and the applicable loan documents shall in- clude a provision that there shall be no prepayment penalty and shall permit Assignor to repay the loan should the Assignee violate any of the use conditions set forth in Paragraph 7 of this Assignment. Further, the loan documents shall provide that, should the Assignee be in default of the agreements in Paragraph 7 above, Assignor can cure the default to prevent the Property from being transferred to the lender. -5- 010390 220 (b) If Assignor repays the loan in its entirety, Assignor shall be entitled to acquire the Property pursuant to the terms and conditions in this Assignment. If Assignor wishes to exercise any option to obtain title to any portion of the Property as set forth above, he shall give written notice of his intention to exercise the option to the Assignee within thirty (30) days of the time the option accrues and shall take all steps necessary to obtain title to the Property within six (6) months of the date of the written notice. If Assignor fails to properly exercise the option within the time periods set forth, he shall be barred forever from doing so. All conditions in Paragraph 7 above shall terminate if Assignor fails to repurchase the Prop- erty within the time period provided for in_this Assignment after a violation of any of the conditions in Paragraph 7 or after a default under any loan obtained by Assignee to acquire the Prop- erty, or if Assignor fails to exercise his right of first refusal as provided in Paragraph 9 below. 9. Right-of-First Refusal. Notwithstanding the provisions of Paragraph 7(a)(iv) above, Assignee may sell, transfer or convey all or any portion of the Property, from time to time, to any private party, provided that Assignee complies with the following provisions of this Paragraph 9: (a) In the event that Assignee elects to sell, transfer or convey all or any portion of the Property to a private person or entity, excluding (i) the creation of an encumbrance or lien, or (ii) the grant of a leasehold interest not containing an option to purchase in connection with a public purpose permitted in this Assignment or in connection with the construction of employee housing, or in the event that Assignee receives a bona fide offer to purchase all or any portion of the Property, except as afore- said, from any private person or entity, Assignee shall give written notice thereof to Assignor setting forth the material terms and conditions of the proposed sale or such bona fide of- fer. Such notice shall be sent by certified mail, return receipt requested, or by hand delivery, evidenced by a written acknowl- edgement of receipt by Assignor or his agent. (b) In the event Assignor shall fail to agree (by executing and delivering to Assignee the contract described in Paragraph 9(c) below) to acquire the Property or the portion thereof pro- posed for sale upon the same terms and conditions as set forth in the notice within thirty (30) days after receipt of such notice, the Assignee shall be free to convey the Property or portion thereof pursuant to the terms and conditions set forth in the notice. (c) In the event Assignor agrees to purchase the Property or portion thereof proposed for sale as provided above by exe- cuting and delivering to Assignee a specific performance contract -6- 010390 220 for the purchase and sale of the Property or portion thereof pro- posed for sale within thirty (30) days after receipt of Assig- nee's written notice, Assignor shall close on the purchase of the Property or portion thereof proposed for sale within sixty (60) days after execution and delivery to Assignee of Assignor's agreement to purchase. 10. Prohibition A ainst Recordin This Assignment shall not be recorded, and, i this Assignment is recorded in violation of this provision, this Assignment shall be notice to all inter- ested parties that this Assignment and the provisions hereof have been terminated and that Assignor claims no interest in the Property. 11. No Joint Venture or Partnershi Nothing contained herein sha a eeme or construe y t e parties hereto., or by any third party, as creating a relationship of principal and agent or a partnership or joint venture between the parties hereto, it being understood and agreed that the relationship between the parties hereto are solely that of an Assignor and Assignee as set forth herein. 12. No Third Part Beneficiaries. This Assignment is entered into so e y or t e purpose of enabling Assignee to purchase the Property pursuant to the Contract and no person or entity, including without limitation the Seller of the Property pursuant to the Contract, shall be deemed a third-party benefi- ciary hereunder. IN WITNESS WHEREOF, the part' have executed the foregoing Assignment of Contract as of the ~ day of January, 1990. ASSIGNOR: GEORGE N. GZLLETT, JR. Mic ael S. S annon, as Attorney-in-Fact -7- 010390 220 ATTEST: CITY CLERK ASSIGNEE: TOWN OF VAIL, a Colorado municipal corporation By: Its ayor STATE OF COLORADO ) ss. COUNTY OF ) ,jf_~, The foregoing instrument was acknowledged before me this ``tt day of January, 1990, by MICHAEL S. SHANNON, as Attorney- in-Fact for GEORGE N. GILLETT, JR. My commission expires: ~ ~ ~~%~ Witness my hand and official seal. [SEAL] STATE OF COLORADO ~~ ~ ~ z~ ota y Pu ' c } ss. COUNTY OF ) The foregoing instrument w~a/-s ack owl dged before me this day of January, 1990 , by F~rc,~ ~ ~~~ Mayor, of the TOWN OF VAIL, a municipal corporation. My commission expires.: ~~~~ ~r~ ~ 7S S. f~ent~ AM Mdl ~ti1 Witness my hand and official s al. ~tlL~_- Notary Public [SEAL] -8- 010390 220 STATE OF COLORADO ) ss. COUNTY OF ~ ) The foregoing instrument w s ackno led ed before me this day of January, 1990, by , City Clerk, of TOWN OF VAIL, a municipa corporation. 8ne~+ea t~seeMn, Netry 11~bIiC My commission expires : tuy Commission M~pir~ k~. ~ Witness my hand and official sea.. . ~. Notary Pu is [SEAL] -9- EAGLE CO(1NTY 551 Broadway Eagle,Colorado 81631 (303) 328 7311 ~~' n ~~~ March 21, 1990 ~1 rA~~ Allan ottingham, Mayor Town o Avon P.O. Bo 975 Avon, Co orado 81620 Dear Mr. Ngttingham: Enclosed please find three copies of the Intergovernmental Agreement among the Town of Avon, Eagle County, and the Town of Vail for your signature. The Town of Vail made two changes in the Agreement: 1) page 2, paragraph 2, second sentence; and 2) page 4, paragraph 9 D. The Vail Town Council and the Eagle County Board of County Commissioners have approved the agreement with these changes. Also note that the Eagle County Board of County Commissioners added paragraph 19 to this agreement before execution. Please review the revised version, and if it is acceptable to you, sign all three copies and return them to Larry Eskwith at the Town of Vail. After the Town of Vail has signed the agreement, we will each receive a fully executed copy for our records. If you have any questions, please do not hesitate to call. Sincerely, L Kevin Lindahl County Attorney KL/mpw Enclosure Board of County Commissioners Assessor Clerk and Recorder Sheriff Treasurer P.O. Box 850 P.O. Box 449 P.O. Box 537 P.O. Box 359 P.O. Box 479 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND TOWN OF AVON AND TOWN OF VAIL THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of 19 by and among the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a municipal corporation, by and through its Town Council; and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Council. RECITALS A. The Town of Vail intends to use its best efforts to purchase the parcel of land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more specifically described in Exhibit A attached hereto and by this reference made a part hereof ("Berry Creek parcel"). B. In addition, the Town may use its best efforts to purchase the parcel of land commonly referred to as the Miller Ranch located near Edwards, Colorado, and more specifically described in Exhibit B attached hereto and by this reference made a part hereof ("Miller parcel"). C. Should the Town of Vail obtain title to the Berry Creek parcel, the Town wishes to sell and the County wishes to purchase the Berry Creek parcel under the terms and conditions set forth in this Agreement. D. Should the Town obtain title to the Berry Creek parcel and the Miller parcel, the Town wishes to sell and the County wishes to purchase both the Berry Creek and the Miller parcels under the terms and conditions set forth in this Agreement. E. This Intergovernmental Agreement is authorized pursuant to Section 29-1-201, et seq., C.R.S. Now, therefore, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek parcel upon terms and conditions acceptable. to the Town of Vail. 2. The Town of Vail may use its best efforts to acquire the Miller parcel upon terms and conditions acceptable to the Town of Vail. In the event the Town of Avon or the County or both have purchased an interest in the Berry Creek parcel pursuant to paragraph 9 before acquisition of the Miller parcel by the Town of Vail, then the following provisions shall apply to any subsequent purchase of the Miller parcel. A. If negotiations are commenced between any of the parties to this Agreement and the owner of the Miller parcel for the purchase of the Miller parcel, that party shall notify the other parties within five (5) days of such commencement. Either or both of the other parties shall have the right to participate in the negotiations if they so desire. B. The negotiating parties shall attempt in good faith to agree on terms and conditions of purchase which are acceptable to all the parties. If after a reasonable period of time agreement can be reached between the owner of the Miller parcel and the negotiating parties or any two of the negotiating parties, they shall enter into a contract to purchase the Miller parcel which shall provide that each purchasing party shall be entitled to an equal share of ownership in the Miller parcel as a tenant in common, and each party shall be obligated to pay an equal portion of the purchase price at the closing of the sale. C. If after a reasonable period of time and a good faith attempt, all or any two parties participating in negotiations for the purchase of the Miller parcel are unable to agree upon the terms and conditions of purchase, then any party which wishes to accept Seller's final offer shall be entitled to do so and proceed with the purchase of the Miller parcel. 3. The County shall hire bond counsel and a financial consultant to provide consultation to the parties relating to the financing of the Berry Creek and/or Miller parcels and shall hire a planner to give advice to the parties regarding the planning and development of either the Berry Creek parcel or the Berry Creek and Miller parcels for recreation and employee housing. 4. The Town of Vail shall hire the services of special real estate counsel to provide consultation to the parties regarding the acquisition of the Berry Creek parcel or the Berry Creek and Miller parcels. 5. The parties agree to equally share the costs of the consultants described in paragraphs 3 and 4 up to the following maximum amounts: Bond counsel and financial consultant - $15,000 Land use planner - $7,500 Real estate counsel - $15,000 -2- 6. The County shall hold an election in the spring of 1990 ("the election") to place the issue before the registered voters of Eagle County of whether or not to increase the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, and to develop either the Berry Creek parcel or the Berry Creek and Miller parcels for the purposes of employee/affordable housing and recreation. 7. The County, the Town of Avon, and the Town of Vail agree to cooperate in presenting and explaining the need and rationale for the purchase of the Berry Creek or Berry Creek and Miller parcels and for their future development as employee/affordable housing and recreation. 8. If at the election, the registered voters of Eagle County approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the property and develop the property for employee/affordable housing and recreational purposes, the County shall purchase the property from the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g., loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller parcels to the time of purchase by the County. If the Town of Vail purchases the Berry Creek parcel or the Berry Creek and Miller parcels with cash on hand rather than borrowed funds, the County shall purchase the property form the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or Berry Creek and Miller parcels and interest thereon at the rate of eight and one-half percent interest (8.5%) per annum until the time of purchase by the County. 9. If at the election, the registered voters of Eagle County do not approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop the property for employee/affordable housing and recreational purposes, then the County shall have no obligation to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, from the Town of Vail. However, the County and the Town of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, as follows: A. If either the County or the Town of Avon wish to purchase the property without contribution from or participation by the other, then the purchasing -3- government shall be obligated to purchase a fifty percent (50%) interest in the property as a tenant-in-common. B. If both the County and the Town of Avon wish to purchase interests in the property, they shall be obligated to purchase a one-third (1/3) interest each as a tenant-in-common. C. The purchase price to the Town of Avon or the County shall be the appropriate percentage of all costs and expenses the Town of Vail has expended in the purchase, development, and maintenance of the property up to the date and time of purchase, including by way of illustration and not limitation, purchase price, development costs, all fees paid to design and planning consultants and special legal counsels subsequent to the election, .costs of planning, designing, and constructing any improvements on the property, and all finance carrying costs (e.g., loan fees, debt service, etc.). D. If the Town of Avon or the County wish to purchase a share in the Berry Creek parcel or the Berry Creek and Miller parcels, as the case may be, as provided for in this paragraph, they shall do so within five (5) years of the date of the certification of the election results by giving written notice to the Town of Vail of their intention to so purchase. Closing of the purchase of the Berry Creek parcel or the Berry Creek and Miller parcels by the Town of Avon or the County, as the case may be, shall occur no later than sixty (60) days after the giving of such notice. It is understood by the parties that should the Town of Vail own both the Berry Creek parcel and the Miller parcel, the Town of Avon or the County shall be required to purchase the specified interest in both parcels. Should the Town of Avon or the County fail to purchase any interest in the property within five (5) years of the date of the certification of the election results, the right to do so shall immediately terminate. 10. During any period of time the Town of Vail is the sole owner of the property, it may make all decisions regarding the property, including by illustration and not limitation, financing, maintenance, and development, which it in its sole discretion deems proper. In addition, the Town of Vail shall have the right to sell the property if it determines, in its sole discretion, such sale is appropriate, during any period of time it is the sole owner of the property including the period of time prior to the election or after the election, notwithstanding the right to purchase shares of the Berry Creek parcel or Berry Creek and Miller parcels given the County and the Town of Avon in paragraph 9 of this Agreement. In the event the Town of Vail sells the property prior to the -4- election, costs of consultants paid by the County and the Town of Avon pursuant to paragraph 5 shall be refunded to them. 11. In the event the Berry Creek parcel is owned by more than one (1) government, each owner will appoint two (2) representatives to form a committee to manage and develop the property. No owner .shall pledge, sign, or otherwise transfer or convey its interest in the property without the expressed written consent of all the other owners. No owner shall have the right of partition unless otherwise mutually agreed to by all owners. No owner shall have the right to sign any petition for an annexation or an annexation election or petition for inclusion in any special district without the mutual consent of all the owners. The committee shall establish bylaws for the management and development of the property and shall have the right, if they deem it in the best interest of the owners, to recommend to the owners and the owners may take all steps necessary to establish a separate entity for the ownership, management, and development of the property. In the event the members of the committee fail to agree as to any question affecting the Berry Creek parcel, the question immediately be submitted for a joint determination by the governing bodies of all owners. 12. In the event the voters fail to approve an increase in the mill levy to purchase the Berry Creek parcel, the parties agree to share equally the following costs which are in addition to the costs set forth in paragraph 5 of this Agreement: A. A bond counsel fee as compensation for providing services directly related to the mill levy election in an amount not to exceed six thousand five hundred dollars ($6,500). B. A financial advisor fee as compensation for providing advice directly related to the mill levy election in an amount not to exceed two thousand dollars ($2,000). C. The costs of holding a mill levy election in an amount not to exceed fifteen thousand dollars ($15,000). If the registered voters of Eagle County approve an increase in the mill levy for the purchase and development of the Berry Creek parcel, then all consultation fees expended by all the parties which have been set forth in this Agreement, including bond counsel and financial consultants, planner, and real estate counsel fees are set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set forth in paragraph 12, as well as the cost of the holding of the election shall be paid from the proceeds of the mill levy increase. -5- 13. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any rights to claim damages or to bring any lawsuit, action or other proceedings against either the Town of Vail, the Town of Avon, or the County because of any breach hereof or because of any terms, covenants, agreements, or conditions contained herein. 14. Except as specifically provided otherwise herein, no modification or waiver of this Agreement or of .any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 15. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County, the Town of Avon, or the Town of Vail, other than those contained herein. 16. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by any party without the prior written consent of the other respective parties hereto. 17. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 18. The Town of Avon, the Town of Vail, and the County each individually represent to each other that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. 19. The County in no way waives its authority to regulate the use and subdi- vision of the Berry Creek Parcel or the t~~iller Parcel. ICJ 4lIT?HESS WHEP.EOF, the parties hereto have executed this Agreement this ! 9~ day of ~~~~~~-- 1990. ATTEST: ~ Johnnette h' lips, u COUfJTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUPJTY COMMISSIOtJERS By : ~' erk Donal elch, Chairman 'P.O. Box 850 Eagle, CO 8161 (C03) 949-5257 -E- ATTEST: TOWN OF VAIL, STATE OF COLORADO, By and Through Its Town Council By: By: Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor 75 S. Frontage Road West Vail, CO 81657 (303) 479-2100 ATTEST: e TOWN OF AVON, STATE OF COLORADO, By and Through Its Town Council ~_ Allan Nottingham, yor P. 0. Box 975 Avon, CO 81620 (3d3) 949-4280, -7- );XHII3IT A Berry Creek 5th Fili,no PARCEL, A Page 1 of 2 A parcel of land located in the~W. 1/2 of Section 4 and the NE 1/4 of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian,' County of Eagle, State of Colorado. hlore particularly described as follows: 13c>c)iunir-g ~t a Nuint• on lhc~ soutl-eL•ly right-of-way for Interstate [iiyl~way 7U from which the northwest corner of said Section 4 bears, N. 30 degrees 37'20"~V. 2103.11 feet; thence S. 58 degrees 13'30"E. along the I-7U right-oL-way line 318.59 feet; thence departing from the I-7U right--of-way S. 41 degrees 58'43"W. 141.00 feet; thence S. 48 degrees 01'17"E. 150.00 feet; thence N. 41 degrees 58'43"E. 150.00 feet to a point on the I-7U right-of-way; thence continuing along the I-70 right-of-way 1?8.41 feet along the: arc of a non-tangent curve to L-he ri.ciht having a rad.i.us of 2126.80 feet whose chord bears S. 44 degrees 56'4"~"E. 128.39 feet; continuing along said right-ot-way line, S. 40 degrees 41'30"E. 289.10 feet, continuing along said rLght-of-way line, S. 39 degrees 28'00"E. 296.10 feet; continuing along said riylrt-of-tray S. 43 degrees 53' 30"I;. 366.70 feet; c:untinuiny along the arc of a t-angent- curve to the left 5~IU.`_"iU feet having a radius of 1787.00 feet, whr,se (.:ho1'd bears S. 54 deyr.ec~:r .15'22"E. 538.45 feet to a point on the east line of the SW ll4 Section 4; thence daparting from the Interstate 70 right-of-way and continuing along the east line of the SW 1/4 Section 4 S. U1 degreos 23'01"W. 1372.3(3 feet t.o a Ix~i.nt on the northerly r.ighl:-oC-way of the Denver and itio Grande Western 12ailroad; continuing along said right-of-way 72.81 feet along the arc of a non-tangent curve to the left havinc3 a radius of 1810.00 feet whose chord bears N. G7 degrees 23'40"3V. 72.80 feet; thence r_ontinuinq along said right-of-way N. 66 degrees 14'31"W. 1553.3~i feet; continuing along said right-o£-way N. 89 degrees 44'20"W. 121.64 feeC; continuing along said right-of-way 1671.11 feet along the arc of a non-tanc)ent curve to the right having a radius of 1860.00 feet whose chord bears N. 38 degrees 11'59"W. 1615.47 feet; continuing along said right-of-way N. 12 degrees 27'40"W. 171.74 feet; continuing a.lonq_ said ri.ylLt-of-way N. U1 degrees ?5'33"E. 130.18 feet; continuing along t:~e said right-of-way N. 15 degrees 23'59"W. 2~)9.G9 feet L-o a point on the easterly side of the State Highway No. G access road right--of-way; thence continuing along tho access road right-of-way N. 77 degrees 39'01"E. 16.50 feet; continuing along said right-of-way N. 73 degrees 27'30"E. 220.57 feet; continuing along said right-of-tray 141.69 feet along the arc of a tangent curve to the left having a radius of 577.50 feet whose chord bears N. 58 degrees 37' 1(3"E. 141.34 feet; •ther-ce deprting frorn the access road right--of-way S. 55 degrees 16'12");. 400.00 feet; thence N. 35 decrees 17'28"E. 480.81 feet; thence N. 70 degrees 21'00"W. 285.47 feet; thence N. 86 degrees 45'00"W. 148.20 feet to a paint on the State Elighway No. 6 access road right-of-way; thence N. 25 degrees 27'30"E. 27.00 feet to a point on the Interstate 70 right-of-way; thence along the Interstate 70 right-of-way S. 86 degrees 45't)U"E. 141.60 feet; thence continuing along said right-of-way S. 70 degrees 21'00"E. 550.20 feet, to the point of beginning. GXiiIBIT A Page 2 of 2 Berry Creek Sth Filing PARCEL B A parcel of land located in the-northwest quarter of the. southwest quarter of Section 4, Township 5 South, Range a2 West of thf~ Sixth Principal Meridian, Eagle County, Colorado, more Narticular.ig described as fo]lows: ltc~yinnincl at a huin~ on LI-e west line of Section 4 from which the southwest corner- of the NW 1/4, SW 1/4 of Section 4 bears S. U1 degrees 25'33"W. 254.OU feet; thence along the west line of Section 4 N. Ul degrees 25'33"E. f3U2.17 feet to a point on L-he southerly right-o.C-way of the Denver Rio Grande and WesL-ern Railroad; thence departing from the west line of Section 4 and continuing along the railroad right-of-way along a curve tc~ the left an arc lenclth of 1370.34 feet, having a radius of 1960.00 feet, a central angle of 40 degrees 17'33" and a clror-d bearing S. 3i3 degre~_s 17' U2"E. 1350.12 feet to a point of tyre south line oC t-.he NW ]-/4, SW 1/4 Section 4; thence departing from the rai~lruad right-of-way and continuing along the south line of L-he NW ll4 SW 1/4 N. 89 degrees 44'20"W. 3?2.7Ei feet to the r_enterline of tl~c~ I;:jgle River; thence departing from the south line ut the NW 1/4 S4V 1/4 and continuing along the centerline of the Eagle River the following four l4l courses: 11 N. 10 degrees 44'20"W. 123.OU feet; 21 N. G2 degrees ZE]'45"W. 101.07 feet; 3) N. F37 denr,~rs 55'~il"W. 2U9,11 feet; 4) N. 72 degrees 34'27"W. 1411.UU feet; to tl~e point of beginning. L'XHTBIT B Miller Parcel PARCEL A: Page i of 3 A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3 AN0 THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 4~SOUTIi , RANGE 82 WEST OF THE. SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIIE NOR1'11ERLY RIGIi'!' OF WAY OF 'I'IIE DENVER AND RIO GRANDE WESTERN RAILROAD ANU ON THE WESTERLY LINE OF SECTION 3 FROM WHICH THE SOUTHWEST CORNER OF SECTION 3 BEARS SOUTIi O1 DEGREES 25 MINU'T'ES 43 WEST 688.56 FEET; THENCE DEPARTING FROM THE WEST LINE OF SECTION 3 AND CONTINUING ALONG THE NORTHERLY RIGHT OF WAY OF THE DENVER A2JD RIO GRANDE RAILROAD RIGHT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 122.10 FEET; TIiENCE ALONG A CURVE TO TILE LEFT AN ARC LENGTIi OF 568.60 FEET, WITII A RADIUS OF 2764.79 FEET AND A CENTRAL ANGLE OF 12 DEGREES 47 MINUTES 00 SECONDS; THE2ICE NORTH 74 DEGREES 50 MINUTES 36 SECONDS EAST 2110.57 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 3; THENCE ALONG THE CENTER SECTION LINE SOUTH 00 DEGREES 45 MINUTES 59 SECONDS WEST 47.32 FEET; THEiJCE DEPARTING FROM THE CENTER SECTION LINE 2JORTH 74 DEGREES 48 MINUTES 41 SECONDS EAST 207.34 FEET; TIiENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 95.33 FEET HAVItZG A RADIUS OF 1482.60 FEET AND A CENTRAL ANGLE OF 03 DEGREES 41 MINU'T'ES 02 SECONDS TO A POINT COMMON TO THE NOR'1'IiERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD AND THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 70 THENCE DEPARTING FROM 'I'IiE RAILR011D RIGIIT OF WAY AND CONTINUING ALONG '1'IlE It7TERS'I'A'I'E 70 RIGIi'P OF WAY SOU'1'fi 88 DEGREES 2G MIt~U'T'E5 31 SECONDS WEST 703.20 FEET; TIiENCE SOUTIi 84 DEGREES 37 MINU`T'ES 31 SECONDS WEST 300.70 FEET; THENCE NORTH 64 DEGREES 59 MINUTES 29 SECOIJDS WEST 111.80 FEET; THENCE SOUTH 88 DEGREES 26 MINUTES 31 SECOIJDS WEST 700.00 FEET THENCE SOUTH 78 DEGREES 59 MINUTES Ol SECONDS WEST 304.10 FEET; THENCE ?NORTH 87 DEGREES 57 MINUTES 59 SECONDS WEST 893.80 FEET; TIiENCE NORTH 87 DEGREES 57 MIiJUTES 59 SECONDS WEST 153.50 FEET; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 501.48 FEET HAVING A RADIUS OF 2441.80 FEET AtdD A CENTRAL ANGLE 11 DEGREES 46 MINUTES O1 SECONDS; THENCE NORTH 73 DEGREES 33 MINUTES 29 SECONDS WEST 309.80 FEET; THENCE NOR'T'H 73 DEGREES 20 MINUTES 29 SECONDS WEST 1363.20 FEET; TIiENCE NORTIi 66 DEGREES 18 MINUTES 29 SECONDS WEST 367.60; TIiENCE ALOPJG A CURVE TO THE RIGHT A2d ARC LENGTH OF 103.37 FEET WITII A RADIUS OF 1787.00 FEET AND A CENTRAL ANGLE OF 3 DEGREES 18 MINUTES 52 SECONDS TO THE WEST LINE OF THE EAST 1/2 OF SECTION 4; THENCE DEPARTING FROM THE INTERSTATE 7 0 RIGHT OF WAY AND CONTINUING ALOfJG THE CENTER SECTION LINE SOUTH O1 DEGREES 23 MItJUTES O1 SECONDS WEST 211.79 FEET; THENCE DEPARTING FROM THE CENTER SECTION LINE SOUTIi 64 DEGREES 06 MINUTES 54 SECONDS EAST 76.53 FEET; TIiENCE SOU'T1I 07 DEGREES 54 MINiJTES 43 SECOPJDS WEST 1109.48 FEET; TIiENCE ALONG A CURVE TO THE LEFT A2~1 ARC LENGTH OF 60.70 FEET WITII A RADIUS OF 1809.86 FEET AND A CENTRAL ANGLE OF 1 DEGREES 55 MINUTES 18 SECONDS TO A POINT OPI THE WEST LINE OF THE EAST 1/2 OF SECTION 4; THENCE ALONG THE CENTER SECTION LINE SOUTIi O1 DEGREES 23 MINUTES Ol SECONDS WEST 53.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY; TIiENCE DEPARTING FROM THE CENTER SECTION LINE AND CONTINUING ALONG '1'IiE NORTIERLY RAILROAD RIGHT OF WAY ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 800.23 FEET WITH A RADIUS OF 1859.86 FEET AND A CENTRAL ANGLE OF 24 DEGREES 39 MINUTES 08 SECONDS; TIiEIJCE idORTli 86 DEGREES 37 MINUTES 36 SECONDS EAST 1917.70 FEET; TO A-POINT ON THE EAST LINE OF SECTION 4; THENCE CONTINUING ALO2JG THE SECTION LINE AND THE RAILROAD RIGHT OF WAY NORTH O1 DEGREES 25 MINUTES 43 SECONDS EAST 50.18 FEET TO~THE POINT OF BEGINNING. Page 2 of 3 EXHIBIT B Miller Parcel EXCEPTING THEREFROM THE "SHANNON TRACT" LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP FROM WHICH THE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 29 MINUTES 05 SECONDS WEST 1041. U7 f'tE'i'; 'T'IirNCF: SOU'i'It U9 Uis'GI2P:I"":.~ 31 Ma.tJU'1'E5 71 Si,C~NUS ~JLS'T' S9 . 5U F'EE'1' '1'O A B12AS5 CAP; 'i'IiEI~tCE NUR'1'H 02 DEGREES 13 ' , MINUTES 18 SECONDS EAST 60.02 FEET '1'O A BRASS CAP; TIiENCE SOUTH 89 DEGREES 42 MINUTES 26 SECONDS WEST 59.33 FEET TO A BRASS CAP; THENCE SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST 59.82 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE "CEMETERY" LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FENCE CORNER FROM WHICH THE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 22 MINUTES 18 SECONDS WEST 915.23 FEET; THENCE ALONG A FENCE LINE NORTIi 02 DEGREES 25 MINUTES 52 SECONDS EAST 402.43 FEET TO A FENCE CORNER; THEI~CE SOUTH 88 DEGREES 08 MINUTES 44 SECONDS EAST 110.78 FEET TO A FENCE CORNER; TIiENCE SOUTH 02 DEGREES 21 MINUTES 29 SECOtdDS WEST 399.34 FEET TO A FENCE CORNER; TIiENCE NORTH 89 DEGREES 43 MINUTES 58 SECONDS WEST 111.36 FEET TO 'T'IiE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 4 FROM WHICH THE SOUTH QUARTER. CORNER OF SECTION 4 BEARS NORTH 89 DEGREES 39 MINUTES 48 SECONDS WEST 176.00 FEE`L'; THENCE NORTIi O1 DEGREES 23 MINUTES O1 SECONDS EAST 473.04 FEET TO A POINT ON THE SOU'T'H RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD; THENCE ALONG THE RAILROAD RIGIiT OF WAY ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 623.91 FEET WITH A RADIUS OF 1954.86 FEET AND A CENTRAL ANGLE OF 18 DEGREES 14 MINUTES 23 SECONDS; TIiENCE NORTIi 86 DEGREES 37 MINUTES 36 SECONDS EAST 705.28 FEET; TIiENCE DEPARTING FROM THE RAILROAD RIGHT OF WAY SOUTH 03 DEGREES 19 MINUTES 24 SECONDS EAST 460.97 FEET TO TIIE SOUT}i LINE OF SECTION 4; TIiENCE ALONG THE SOUTH LINE OF SECTION 4 NORTIi 89 DEGREES 39 MINUTES 4$ SECONDS WEST 1360.38 FEET TO T1iE POINT OF BEGINNING. PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 4 ON THE SOUTH BANR OF THE EAGLE RIVER FROM WHICH THE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 25 MINUTES 43 SECONDS WEST 372.44 FEET; THENCE ALONG THE SOUTH BANK OF THE EAGLE RIVER NORTH 74 DEGREES 05 MINUTES 00 SECONDS WEST 133.64 FEET; TIiENCE SOUTH 86 DEGREES 20 MINUTES 00 SECONDS WEST 119.00 FEET; THENCE SOUTH 64 DEGREES 45 MINUTES 00 SECONDS WEST 321.40 FEET; THENCE EXHIBIT B Miller Parcel Page 3 of 3 DEPARTING FROM THE SOUTH BANK OF THE EAGLE RIVER NORTH 21 DEGREES 10 MINUTES 24 SECONDS WEST 75.00 FEET; THENCE SOUTii 74 DEGREES 58 MINUTES 36 SECONDS WEST 159.94 FEET; THENCE NORTH 14 DEGREES 29 MINUTES 24 SECONDS WES'i' 1,10.20 FEET; THENCE NORTH 77 DEGREES 17 MINUTES 36 SECONDS EAST~149.00 FEET; THENCE NORTIi 20 DEGREES 37 MINUTES 24 SECOPJDS WEST 73.10 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERIJ RAILROAD; TItENCE ALONG THF•. I271ILR011D RIGii'I' OF WAY NOR'I'lt ti6 UiG12L•'1:3 37 M:INU'i'ES 3G SECOtIUS EAST G32.72 I'EL'1' 'I'O A F'0111'1' Otl '1'IiE EAST LINE OF SECTION 4; TIiENCE UEPAI2'i'ING FROM THE RAILROAD RIGHT OF WAY AND CONTINUING ALOPIG TIIE EAST LINE OF SECTION 4 SOUTIi O1 DEGREES 25 MINUTES 43 SECONDS WES'i' 165.59 FEET TO '1'HE POINT OF BEGINNING. PARCEL D: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SI:{TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGiiT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD APJD ON THE NORTH BANK OF THE EAGLE RIVER FROM WHICH TIIE SOUTIiWEST COI2IJER OF SECTION 3 BEARS SOUTIi 10 DEGREES 23 MINUTES 36 SECONDS WEST' 500.52 FEET; THEIJCE ALONG THE RAILROAD RIGIiT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 60.63 FEET; THENCE ALONG A CURVE TO THE LEFT AN ARC LENGTIi OF 609,73 FEET WITIi A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES 00 SECONDS; THENCE NOR'i'Ii 74 DEGREES 5U MINUTES 36 SECONDS EAST' 2053.52 FEET TO A POINT ON TIIE WEST LIiJE OF TIIE SOUTIEAST 1/4 SECTION 3; THENCE ALONG THE CENTER SECTIO?d LINE NORTIi 00 DEGREES 45 MINUTES 59 SECONDS EAST 56.65 FEET; THENCE DEPARTING FROM THE CENTER SECTION LINE AND CONTINUING ALOtJG THE RAILROAD RIGHT OF WAY NORTH 74 DEGREES 48 MINUTES 41 SECONDS EAST 235.93 FEET; TIiENCE ALONG A CURVE TO THE RIGIiT AN ARC LENGTIi OF 444.01 FEET, WITIi A RADIUS OF 1382.60 FEET AND A CENTRAL ANGLE OF 18 DEGREES 24 MINUTES 00 SECONDS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 382.47 FEET, WITIi A RADIUS OF 5679.70 FEET AND A CENTRAL ANGLE OF 03 DEGREES 51 MINUTES 30 SECONDS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 319.3 5 FEET WITIi A RADIUS OF 905.4 0 FEET AND A CE?JTRAL A?JGLE OF 20 DEGREES 12 MINUTES 33 SECONDS TO A POINT ON THE WEST LIiJE OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 ; TIiENCE DEPARTING FROM THE RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE WEST LINE OF THE EAST 1/2 SOUTIEAST 1/4 SECTION 3 SOU'i'Ii 00 DEGREES 27 MINUTES 59 SECOiJDS WEST 72.00 FEET TO THE NORTIi BAiJK OF THE EAGLE RIVER; THENCE DEPARTING FROM TiiE WEST LINE OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 AND CONTINUING ALONG THE NORTH BANK OF TfiE EAGLE RIVER NOR'I'II 59 DEGREES 45 MIP7U'I'ES 46 SECONDS WEST 193.28 FEET; Z'fiENCE NORTIi 80 DEGREES 17 MINUTES 43 SECONDS WEST 196.15 FEET; THENCE SOUTH 85 DEGREES 22 MINUTES 49 SECONDS WEST 411.02 FEET; THENCE SOUTH 68 DEGREES 55 MINUTES 22 SECONDS WEST 254.10 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 32 SECONDS WEST 102.36 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 44 SECONDS WEST 328.27 FEET; THENCE SOUTH 55 DEGREES 44 MINUTES 10 SECONDS WEST 255.99 FEET; THENCE NORTH 84 DEGREES 59 MINUTES 43 SECONDS WEST 432.05 FEET; THENCE SOUTIi 75 DEGREES 38 MINUTES 23 SECONDS WEST 444.81 FEET; THENCE SOUTH 60 DEGREES 24 MINUTES 08 SECONDS WEST 542.07 FEET; THENCE NORTH 79 DEGREES 56 MINUTES 14 SECOPJDS WEST 417.17 FEET; TIiENCE SOUTH 86 DEGREES 49 MINUTES 25 SECONDS WEST 242.25 FEET; THENCE SOUTii 71 DEGREES 36 MINUTES 56 SECONDS WEST 232.12 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 32 SECONDS WEST 382.04 FEET TO THE POINT OF BEGINNING. f3r~nd~ss - C~clmus Real CsEaE~, Inc. 281 BRIDGE STREET ~ VAIL, COLORADO 81657 April 13, 1990 Town Council Members Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Council Members: On behalf of the owners of the Bridge Street Building, we are opposing the proposal under consideration to raise the height of the Red Lion Building. A rough out- line of the proposed structure has been. erected on the roof of the building, alerting us about the upcoming project; however, no notice was sent to this Association. The sending of such notices to neighbors is, I believe, a r_~~gaiirement. The Bridge Street Condominium Association is strong7_y opposed to any amendment that y~ia~< be granted to the proponent with regard to disruption of view corridors. If variances of this sort are granted now and in the future, the village will slowly lose its charm and sunlight. If we can't see the mountains, we nay as well work. in New York or Chicago. We urge the Council to deny any portion of this and future proposals that contradict Vail Master Plan guide- lines concerning building height and. view corridors. Thank you for your consideration. Sincerely, BRIDGE STREET B CON SSOC. b Craig Gra nd CMG REAL ESTATE (303) 476-1450 • DENVER TOLL FREE 893-3101 RESERVATIONS 1-800-222-VAIL • FAX (303) 476-3188 IEWB 7S mouth tronta~• road vall, Colorado 81 dS7 (303) 479.21 S8 department of public works/transportation April 16, 1990 T0: STAN BERRYMAN RON PHILLIPS CHARLIE WICK FROM: Skip Gordon /f/I VAIL 1989 RE: Late Night Bus Service Summary ~~~ The following is a summary of the Late Night Bus Service provided from February 17 - April 14, 1990: intown Shuttle - 3,303 (total passengers) West Vail - 952 (total passengers) East Vail - 745 (total passengers) 5,000 TOTAL PASSENGERS FOR ALL ROUTES Intown Shuttle - 67 West Vail - 19 East Vail - 15 101 SG:df (average per night) (average per night) (average per night) (TOTAL AVERAGE PER NIGHT) I ` REC'G APR \\~ 1 61990 VAIL VILLAGE INN Village Inn Plaza Condominiums April 13th, 1990 The Honorable Kent Rose & The Town Council Town of Vail 75 S. Frontage Road W. Vail, CO. 81657 Dear Mayor Rose and Ladies and Gentlemen of the Town Council: Since I will be out of town at your next meeting date, I am taking the liberty of submitting the enclosed petitions to you by mail. The petitioners are respectfully requesting that the Vail Town Council amend the master plan of Ford Park by resolution,deleting any mention of an aquatic center. In addition, they are requesting that Ford Park be preserved in its present state, for uses presently in existence, with no more construction except for improvements and enhancements of the present facilities. I hope that you will see fit to act on this matter favorably at your earliest convenience. Sincerely yours, VAIN, VILLAGE INN 9~o~ei~~tauf~r Pr sid nt & Managing Director JS tfm Copy to: The Vail Daily The Vail Trail 100 East Meadow Drive Vail, Colorado 81657 (303) 476-5622 February 22, 1990 RFC'D APR 1 61990 WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAIL TOWN COUNCIL AMEND THE MASTER P; AN OF FORD PARK BY RESOLUTION, DELETING ANY MENTION OF AN AQUATIC CENTER. IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS PRESENT STATE, FOR USES PRESENTLY IN EXISTENCE, WITH NO MORE CONSTRUCTION EXCEPT FOR IMPROVEMENTS AND ENHANCEMENTS OF PRESENT FACILITIES. i' w• ~~ ~ ~ ~% ,~ ~\ ., ~ J ~..., ~.-- February 22, 1990 REGISTERED VAIL TOWN RESOLUTION, COUNCIL RESPECT THE PARK PRESERVED IN ITS EXISTENCE, WITH NO MORE AND ENHANCEMENTS OF t/ y ,. c~> ~/ ~.~ ~^ ~~ ~~ i~ ~ ~YV- ~~~ ~ o~-~e~~ ~_~ j ._.. ~, 1< .. L~ WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY DELETING ANY MENTION OF AN AQUATIC CENTER. IN ADDITION, WE REQUEST THAT THE TOWN DEaIRE OF THE UNDERSIGNED TO SEE FORD PRESENT STATE, FOR USES PRESENTLY IN CONSTRUCTION EXCEPT FOR IMPROVEMENTS PRESENT FACILITIES. February 22, 1990 WE, THE UNDERSIGNED, TAXPAYERS, RESIDE*iTS, OR REGISTERED VOTERS OF VAZL, RESPECTFULLY REQUEST THAT THE VAIL TGWN COUNCIL AMEND THE MASTER PLAN OF FCRD PARK BY RESOLUTION, DELETING ANY MENTION OF AN AQUATIC CENTER. IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE DESIRE OF THE UNDERSIGNED TO SEE FCP.D PARK PRESERVED IN ITS PRESENT STATE, FOR USES PRESENTLY IN EX_STENCE, WIT;i NO MORr CONSTRUCTION EXCEPT FtiR IMPROVEMENTS P_ND E2i.~iAPJCEMENTS OF PRESENT FACILITIES. /` ~ b /.~3f' ~ 1'; ~ G ~r~~.t~a~~~1' ~~ i ,, ~ ~ ~. ~ ~ti - ,~ U~c~ ~~m ~~c{o ~e ~ ~~' ~d ~./ ., c~~5 ~ c ~1 P ~^ ~ c / 6~ ~ ~~ "~ 1 r - - February 22, 1990 ~~ WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REv^IST~RED VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAiL TOWN COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY REuOLUTION, DELETING ANY MENTION OF AN AQUATIC CENTER. IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS PRESENT STATE, ~"OR USES PRESENTLY IN EXISTENCE, WITH NO MORE CONSTRUCTION EXCEPT FOR IMPROVEMENTS AND ENHANCEMENTS OF PRESENT FACILITIES. ~/ ^ . r ~ ~~, ~~ ~~~~ N~ c~~.! February 22, 1990 WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAIL TOWN COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY RESOLUTION, DELETING ANY MENTION OF AN AQUATIC CENTER. IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS PRESENT STATE, FOR USES PRESENTLY IN EXISTENCE, WITH NO MORE CONSTRUCTION EXCEPT FOR IMPROVEMENTS AND ENHANCEMENTS OF PRESENT FACILITIES. M ~ ~,c. ~ r .P1 rv ~_~-..fix ~c~ J~~~', C~ ~~'~~ ~ ~ ~ ~ C'C~ ~~~ ~w ~,~ ~ vT,L:, r' ~, , ~~~~ ~~J ~~ /~ fyr-~v Y ~~~ ~ ~~~~ v~.~C c~ ~/6 s~ ~~ y ~G.1G`'~.~=.~ ~ Gig ~i. ~ ~~ L~ s /~~ ~~a~ Fe~ruar, ~'!., 199U WE, THE UNDERSIGNED, TAXPAYERS, RE'SIi~ENTS, t)R i2LGISt`~:R~. VOTERS OF VAIL, RESFECTFUL;,Y REQUEST THAT THE VA.IL TGWN COUNCIL AMEND THE MATER FLAN Or FORD PART; H'~ RESOLUfiTON, DELETING ANY MENTION OF Ati AQUATIC CENTER. IN .~.DDITION, WE REQUEST THAT THE TOWN COUPiCIL RESPECT THE LESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS PRESENT STATE, FOR USES PRESENTLY IN EXISTENCE, WLTH NO MORE CONS'I'FL'CTION EXCEPT FOR IMPROVEMENTS AND ENHAN~~EMEiYTS OF PRE;Si_N~1' FACILITIES. Jcy l7• 1~ r•~~~~c~~'~l 3v 3 ,E ~ ~~ ~~. ~B ~~~- _...~~~.~ .~_o_l ..~. Rr~--- ~=1 ~__-._ C~~.~-~, /~ ~ 7~~~ U~ C r~.sh, ~~~ . t o ~ ~~~~ , ~~ February 22, 1990 WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAIL TOWN COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY RESOLUTION, DELETING ANY MENTION OF AN AQUATIC CENTER. IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS PRESENT STATE, FOR USES PRESENTi,Y IN EXISTENCE, WITH NO MORE CONSTRUCTION EXCEPT FOR IMPROVE:~ENTS AND ENHANCEMENTS OF PRESENT FACILITIES. V~.'~ 1 G ' 3 c~ ~ /y~ ~'l ~ C~~~P. U "~~- C~ ~'~X 11~I -~Or~~e~ rev. ~, ~C.3 ~ ~ U~(v L~ 1. - February 22, 1990 `"_ WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED VOTERS OF VAIL, RESPECTFULLY REQi;EST THAT THE VAIL TOWN COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY RESOLUTION, DELETING ANY MENTION OF AN AQUAT;C CENTEk. IN ADDITION, W_E REQUEST THAT THE TOWN COIJfiCIL RESPECT THE DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS PRESENT STATE, FCR USES PRESENTL'I IN EXISTENCE, WITH NO MORE CONSTRUCTION EXCEPT FOR IMPROVE"4ftTS AND ENHANCEMENTS OF PRESENT FACILITIES. L ~~ ~ -, `~ ~r~ l~'•r L."~ ., ~' +/'~ L C ' ~ ` 1 J' oL / ~~ ~ ~~ _ , ~~ RECD APR 1319 STATc OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Telefax: Denver, Colorado 80220-3716 (303) 322-9076 (Main Building/Denver) Phone (303) 320-8333 (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand )unction Regional Office) MEMORANDUM l'O : I r.terested Parties FROr7 : ; c}k.~ar~n 1 r,rrJ e Mi nF !>n-Site r'c~orc' lnator, DATE : Arnri i 1 1 , 19y0 e~ o~f1~+~~CO~~g9 N ~ ~~ *, . ~! '~ /876 ~ Roy Romer Governor Thomas M. Vernon, M.D. Executive Director SUBJECT: E:aaie tfir.e Health Assessment fn;" }-r?e 1gB9 C~on~=trl~ct_:n?-~ Season This is a summary of the findinRS of the (:oloracio Department of Health rez~art entitled "Assessment of Risk Associated with the Potential F.xposll.re of Children to Metals in Airborne Mane Wastes at the Minturn Middle School and. P9aloit Park :area, NiintUI'I'~, (~C~1DrctCiD" C:om-;lete COf 1P.S Of the report c,re a•.~ailat;le for ni'~t?1 is review at the Minturn Middle Sr.hool , Minturn, C:ommunitSr Center, and Earle County Sr.}tool Di~:trict Acilnirlistration rtii-ic?inn. Anyone re+7ui.r. ino a r_.np}r shr,~.:~ ?,:? CC~r1taC7 ~?1Ci: YaraG}''iiril, (:OlOrBC?O IiE'.pc`I1"tn1C'Ilf r:~y )':ect~tll, Harardnt.?s materials ar,c? Waste ^'ar~ac~emr~r,t Taivision, 4^.)~_, ~'~:~'t 11th Avenue , Denver , CO E0220. Llirer,t t?nest.ions rectard:ij?cT ti7i s I•epc,r~t to Dick Parachini (331 -4801 1 or. rw?i.ke Wi l scan ~ ~ ->~ -_ 'Tjlf~ CO.I.Or~ri~j DeiJ~rtmF'TIt Of Health ant? rile Earle County Sr.l1OO1 District undertook greatly increased air monitoring durin(7 the 198Q con~:tr'~.?,_.t i or.. Geason to s1~1I?i;Jement that required. of Gvlf+Westerr_ hv_ the State emissicsns permit. The air duality data collectery at the Minturn Middle School. and North si#:P monitoring stations has substantially improved the basis for caJculatinr! estimates of risk associated with exposure to airborne metals in the Cross Creek area. The estimates of r;S!L Of r•}~ i ~t~rc.n tin Sirnt~rne contaminants i.n the vicinity ai ti-e Mi„+t:rr. Midc'e School and A".aloft Parr: were separate'. v_ calculated >a~=ino hni•h the State and Gulf+Western data. The hzrheGt cancer ris: value eased on these mrl:itoring re~:ul `:s were for c-rildren in the vicinity of the Maloit Far}: area. The combines potential ea:nosure to arsenic, cadm:;um. an.c~ chro;r,iwJ~ is 4. t Gases of excess GancErs per 1 , 00'~r , 000 1JOptiiat.l On . '~ i1F_' hiailest cancer ris}_ value far chi_dren in the vicinity a`~ -li-,e M i ptt7rji j~! . r'('i -: F =t'nr,n i i F 1 . 3 C~SeS Der J , 0("'C' , GOCJ DOi~u laT i '`., , `!:'rlese t;elliE'~ cite i'OnS2Ce'_"P_G' ^rOteCtiVe Cy L,~i1 StctI3C.(csi"CAS f>J' t~")E' ~OY)lllr^_,t'•~,.-~r_. ~?-~ t;-,F• N%?~p3~; ~8?"k 8T1G1 tf'•T',ttl;^tt t~!ir?C?£' C:'~n.(1C).i ~r'F'~"'. Both valves ~; e paseo O?! ~ tc:te ci i ]" JI'Ci?"! i't'r`Y' t I-IrT i<~' ='~ 3'IC~ represents ~:.E` LiTJl-~er C'~ C~~'j"C?Ilt CO'-if' i t?FnC P i.?" E''"y~c J , "~:Jf''-:F_ results are ~~c.cf?:7 Or: c-t1 ~ ti'!r r-1~rrP?.i l .-i\7%- i ~ :',~e ~.~-tr 1nC111C11TIt7 S3. ?.E Geochemistry and t}le re~at7~~e~tC??=:~~"?t-Y O' r'•'J JTietals 1-novzn to be aresent in thF Eagle ?~'in? v-asrPs. rl~ser.~c- is *he main component ~n t~-~- 'ota] health risk. '~F'rause it has the hirheCt likelihood of oaitsin~ cancer. 7t =. r,r~E:r>enT in the mine and mi]]ina wastF~ at the site. None of tC,F rr{ray-i~red Qirhorne ieac] (Pbi concPntratic~ns exc-eedeci ti,e l~atonal I~mbient Air Gualit~l .°,tanda],c~ c,f ~ ,5 ugim3. ThesF va?ties no not exceed erlvironmer.ta? e},nosvre 1 im.its for ch~]dren, including the most sPnst]ve indicriduals. Thf~ tr,~P r5s}' may actt,a i<. by _~~~~: t'r,~'"~. ~'~'c~'tilf,i:.et~ ~iF,~~tf.~-~^ _ t}.f? c--()rlc~~Y'\.%:-tt]Ve cJSStI1T1L,t]Or1S L1GP(l I"1 t}JF~ 1^'Jl:k:, e:3t'_'.mr'3'tl(,t, '1'F;r- ~.r~c~F,~~~,,.;~.n* r~;nthn(;n]OC'<? t1~PE. t~~ T%Y?. ~r,1 r. - !•-,: ~:~!'~+r 11~':;tr t" :1 F~'^r'r'l '!" !^!7I;T 1. ('!P_!?CP 1ntP-"\?? ~ S I7 ~,?.7 F'r`{~,'~,t']l Ci r':-+r_l ('P?` it Cat E?n~'V f r.c-t-c,rs . arr assLmes. 1 C~0 nYrr_.ent: of ' he citl~:t is i.nhaleci . 'C},!~: j;;tii:t,;Jt1C;',ila`J ci~`yC~ rt]:3 ]70~ ~JCC'C>Llrlt i+t'" "~"~ii{t'BC? tUt%t] StIS}?t-J,t7rt~ ;.,1.~ rt,--,tF. ,p•~rF-+~c, .i.^tt`~1 r~„]rtr, _ i~"' t'?E' w.,i?l"er !T; C: P. `.:i; li ] _i i }? F' t~ F ? :a (' t (-, r ~: I]T ~ V C,'J F ]" ' f c~ t' ] 1'.lct ~ F' t ! ! f ~~ C' t tlr~ ~ ~~ 1 S ~: i'a} J J (' }'~ r.?r~",C!isCE'~ c' 1`,orE CC+r1SerVdtlVe %AB~"P.^.E;J?{i.l"'•{ . Adcaitic~nal air monitori.nc~ devices wF~re installed at the N:"}!lturn M dd ~ e School to determine whether da ~~s of h.i a'r, a 1 r. borne me ta.i corJCfatrations were bPinc? missed b~~ the 4ir monitoring p!:•c,ct]~<<Jn .:mr,] emented by Gulf+Western which c~antn~ r'c' every tt-iir. d d~{y . ;'}le rn(~t a]s concAntration differences in thF State anc7 Gti.:iZ+We~stern data occurred because of the differences betwet~]J -}J F: "'i-'~:l:~E: {T- l ~lc~ ] n~lC?rStO" ] PS ClE?tF r± i r;j'J ~ 1?n] t~ . `r 'l C, lief? n : ,_ Iyt= ndCl.-. ~ :;'=`??i'] ~t1r" mC~nltOrS njGCIE! 1t C_iE.Bi' their c~r,ce?7tic.:t:l,_+jl> [~F E~ *•c;~.. ~ (.. ("A(inm] 11m , clnd. IP,'1- r? 4l('rF_' f ]^pr.tJt~ j;'!' i V }-, F+? pW t!?F j v. res;-,er..ti~re renortina triarer valJ":Fc. i~.oi-1-1 t:ota,? sl~snencie~i ?_"'; c':.'"~ ~. Cj? l c~t~' (`r~.F' ~ medS7a.r!~17JP_rltS are' CC7!~7~c!7'c?h i.F, ?nd C1C~ I)Or iT'tt"1C'c.`E' r.??" .`tati~tlCrl d1;~F:^f_'`JCP`.. 1i,lE; ct1Sn !;',E'a2?.S *•.[~c:1 t!!E' ~. '~O'^J'lf mf-:tom ; S cn;7CF:'j'?trc"?. f :,.C?n~. =; ;"n ^Umr?~!]'a}"?lU b?C=!t1~,F, t':ley are measuro:d as a cart of the tc~ta.l. stJC=~Jenc~ed ~,art__i.culates. IIl(aOC,r ~7]"b("'nP mf=tal CGr)CeT"`-ra~iUj;S r GT,C~rteCi rj~r S]OS}~`/ ~!TJ!' COmr~_tn`r . CC)ntraCt07'S 'CO th? Ea? i ~ (:nl]rJt~l ficrt]nn ? D.] str?rt ; 1!a~r~ a:~c, ~~eNr, reviewed to determine if an~•% }leaith ris}: is precrnt . 'Y'1'iF V;^~ +F~ 'lQ P tjlP C; ~ i);ct-r.i C± ~,rP ^_(~r^`Jdr_. :1P t~. _.i t, rem rt d to choo~ _ tl~e oricrinai ?stimates and a.re ]~rc,tPctive of the ~intl~r.r, '~'i'>"(.E F tiCrJ C)n STtl (7 f'TJtS I.Xi',n~i]iP afi t!~ rF?"~,nrterl iei7P1S i^T _l.~ .l T Y, r - 1'~ ...icy ~ c. ,., a- ~; i f r t f~ } 7 (~ r TTn._ ~?~t':t iP a hc??lt-- - k a'_"~~.i _ ...,'.~. P Utl f• O, mur, l rots . x;1.5' P,7<..,?o'. JOi~ ji?e~.nS `t.Jla` *'i(?St ('1 "'~'?7t inGOUr ~'=1C.~ pt?~(:GL'r c:], c~t:a? itv ~Jata snow that -there ?.s iitt •.e irlhalatior] i-lealth r sl~: ~i _ ,-__. ra+"'F. rJ at tend lnr.. S';hC~OI Ur rF`' ir~.1 ,., C? 1r? the fi<1i!'lt+.]rl: ~]t"(.J .i r= ^}-JOr:' ~t*ld Maloit Park Greg. Tile {:,oloraro Department of 'r'eai~~, ~: ' _ c:~~]t:i.nve to rec_tuirA riaorolls dint contro] d~~rinq :'Oi!c?:Y'1~C'•-J.UrJ cit t}'JP C,aQ.~E~ i~.'~nE? G:i`•P tr? 1riSitl^P ~h? 1C?wF'cT '_r ,`. ._.~`,_r 12VQ_I n~ f?}; 7.iOG~. ~c, t~ r„(v^ _ +F+ ('„St PRESENT: Steve Simonett Colleen McCarthy Betty Neal Kevin Ca:asidy Pam Brandmeyer AGENDA REGULAR MEETING LOCAL LICENSING AUTHORITY WEDNESDAY, APRIL 11, 1990 10:00 A.M. ABSENT: Bill Bishop Larry Eskwith 1• Consideration of the Board of the following modifications of premises: a. Red Lion Inn, Inc., dba, the Red Lion Restaurant b. Eagle Restaurant Corporation, dba, Cyrano's c. Up the Creek Bar and Grill, Inc., dba, Up the Creek Bar and Grill d. Sweet Basil, Inc., dba, Sweet Basil e. Lancelot, Inc., dba, the Lancelot Restaurant f. M.E.L. Enterprises, Inc., dba, David's Deli 2. Notification of the Board of no corporate structure change for Starr Pizza Slices, Inc., dba, Rocky Rococo Pan Style Pizza. 3. Consideration of the Board of the following items for Sweet Basil, Inc., dba, Sweet Basil: a. Corporate Structure Change Sally Clair, Secretary/Treasurer, replacing Gary Boris b. Renewal 4. PUBLIC HEARING - Consideration of the Board of an application for a Special Events Permit, Malt/Vinous/ Spirituous Beverages, by the Town of Vail, in conjunc- tion with its annual spring clean-up day, at the location of Gerald R. Ford Park, Lower Bench, the 700 Block of South Frontage Road East, Vail, Colorado, on May 5 and 6, 1990, from 9:00 A.M. to 3:00 P.M. daily. The officers are as follows: Rondall V. Phillips, Town Manager Susan Scanlan, Events Manager Continued to 5-9-90. Continued to 5-9-90. Continued to 5-9-90. Continued to 5-9-90. Continued to 5-9-90. Continued to 5-9-90. So noted. Unanimously approved. 4-0 Unanimously approved. 4-0 Unanimously approved. 4-0 5. PUBLIC HEARING - Consideration of a 100 transfer of Continued to 5-9-90. ownership of the existing Hotel/Restaurant Liquor License from Cascade Lodge Hotel/Mansfield Ltd./Nail Ventures, Ltd., dba, the Westin Hotel - Vail, to Hotel Food Co., dba, the Westin Hotel - Vail. 6. Notification of the Board of recent renewals: a. Gary Haubert/Steve Buis, et al, dba, the LionsHead Bar and Grill b. Vail Valley Foundation, dba, the Gerald R. Ford Amphitheatre c. M.E.L. Enterprises, Inc., dba, David's Deli d. C].aas -Borus, Inc., dba, Montauk 7. Any other matters the Board wishes to discuss. a. Inquiry to be sent to Eagle Restaurant Corp., dba, Cyrano's requesting immediate corporate structure change. Unanimously approved. Unanimously approved. Unanimously approved. Gentlemen: Thought you might like. to see of my most recent;-~atrmerc.ial satisfied client~'`i-~ Durango. keep me in mind ~f you feel I service in any 1~-ay. `'"K~vin work for ~ -~--~ ._.._ ~ P1 ease - '_ ~- _~,. Vail Town Council 75 South Frontage Rd Vail, Co 81657 RECD APR 161990 ,; o~: _ ~,,~ a; ~~.. ~ ~` -- ~~ ,~ Preemptive Technologies, Inc. Rocky Mountain Laboratories ~soz> ass-n~o 20601 North 5th Drive ~e7lin ~andoC~h Bain - Phoenix, Arizona 85027 Architecture I Planning -- Delineation ~ ~'~ ~~ ~3 ~ ~ ~~: 1 i , a ; WHEN INJURIES or accidents occur, you want to get back to your active lifestyle as quicklyas possible. An orthopaedic physician will see that you do. ORTHOPAEDICS deals with all aspects of health care. pertaining to the musculoskeletal system -bones, joints, muscles, tendons, ligaments, nerves, skin and any related structures. SPORTS MEDICINE is the orthopaedic care ' of sports related injuries and the .supervised, intensive rehabilitation of an individual to his or her specific ability level. Olin ORTHOPAEDIC PHYSICIANS have ~ ~~ ~ ~ ~ each completed ]3 years of premedical, medical and orthopaedic education and have passed the eramiaations that certify them by the American Board of Orthopaedic Surgery. Continuing medical education is extremely important in the constantly changing field of ~; orthopaedic surgery, and our physicians devote a great deal of time to research and study - WE TREAT people of all ages who resulting in thehighest standard of care for have a variety of injuries or conditions, "~~our patients.:. ,including: r As specialists, we recommend surgery only Knee injuries;`- when non-surgical techniques will be ~~ Shoulderdisortlers ~ insufficient for your fullest recovery. We ~ ~ Fraotures~ ~~~~ ~: ~ ~ ~~' ~ ~ ~~~~~ ~>~ . _ ~ 'understand the benefits of physical therapy, ~ Foot andankle probiem5 and in many cases such programs mayprovide Hand injuries a viable alternative to surgery. If surgery is Spine disorders ,~ '~ required, our physicians are experts in the Scoliosis ;~ / field of orthopaedic surgery and sports Hip Disorders medicine. We feel an obligation to personal]y Arthritis monitor your progress on an individual basis. OUR OFFICE [S OPEN from 8:30 am to 4:30 pm, Monday through Friday from May through November. During the ski season, we are open from 9:00 am to 5:00 pm, Monday through Saturday. We request that you call to make an appointment, but we will make every effort to accommodate any emergency. IF YOU HAVE AN EMERGENCY after scheduled office hours, our physicians on call may be contacted by calling the Vail Valley Medical Center operator at (303) 476-2451. Our orthopaedist will see you as soon as possible. FINANCIAL CONCERNS Please feel free to discuss fees, insurance, or other financial concerns with our staff. Often, insurance does not fully Dover the amount due. and our office bills your insurance carrier onlvfor surgical procedures. We request payment for office visits at the time of treatment. THE LOCATION of our main office is in the Vail Valley Medical Center in Vaii, Colorado, We also travel to Frisco, Breckenridge, and Leadville, Colorado for clinics and post- operative care. Offices will be open in Frisco and Avon by Fa111990. Please let us know if you have any questions or concerns and how we may better serve you. THE DOCTORS at Vail Orthopaedics and Sports Medicine share extensive expertise to `, sports medfoine~diagnosis and treatment. Al] - three are members of the ]ntertYlonntain Medical Society, the Colorado Medical Society . and the American Medical Association..- ~~ L.D. CH1PMAty, M.D. received his medical degree from the University ofIJtah in 1973 and completed bis orthopaedic residency at lpmole University in 1978 - During that periodDr.~Chipman workedwith the Temple ~; University SportsMedicine Center, which was the first uNversity-directed sports medicine aenterin the country _' ; F CectiPied hytbe American Board of Orthopaedic ,;.~,:' Surgeryin1879; Dr Chipman is a fellow of theAmeriea~ ~"'~ ; Academy of Orthopaedic Surgeons and bas practiced in the 4'ai[ area since 1981. JOHN Ell3EG0'iTLIEB,n1.D, received bis medical ~., degree from Temple University in 1974 and completed hiti~ orthopaedic residency in 1979. De Gottlieb was also involved withtheTempie University Sports Medicine .::.program. Certified by the American Board of orthopaedic `~~ Surgeryin 1981, Dr:Gottlieb is a fellow of the American Academy o€ Orthopaedic Surgeons and a member or the Arthroscopie Association of North America. He presently serves on the Board of Governors of Vail VaILy Medical Center and has practiced is the Uail area since 1979. PETER GLARKE JANF.S, h1.P. ~ece~~ed his ~~ undergraduate and medical d ,.~e~ i~~ . t,~ ~ ~;~,;eersity of Minnesota, served his Internship at PresbyterianlSt.- Lakes iu Denver and completed his residency at the "• University of Utah in 1987. Dr. Janes is certified by the AmericanBcard of ;..orthopaedic. Surgery and is a candidate Fellow of tht ,-, -. American Academy of Orthopaedic Surgeons: He ~s ,, ~~ . presentlg~ serving as Chief of,SurgerylAnesthesia at the ~;~: - , Vai}VatleyMedica[Centerandhas;pi'audit;ediri,thetiaip~~,~~'{,~`.- area since 198 r. "' ADMINISTI~~TION ~~~t ;E ~l~ ~y ..MARSHALL J. THAh1ES, M.B.A. rece~ ed his mcsicrs of-,-, ,~ business administration degree from the Wake Forest ..University Graduate School of Business. Prior to ente~m,, graduate school, Mr. Thamesserved s~~ years with the U.S. Army, leavngtheserviee in 1981 with thei'ank of _~ -~, ~ . captain. Ne joins the practice from Consumer Health Services, lna.in Boulderwhere he worked for five years holding positions in sales, f~inanee and accounting. O~P~ ~ 4/13/90 Council - FYI Employee golf passes are now available. You only need to check with Cathie in Personnel to pick up your pass; you then need to take it to the UMRD Offices to have your photograph taken. /bsc /,/~ 4/13/90 Kent, Tom, Peggy, Lynn, Rob, and Merv - Please bring your parking pass in Tuesday and give it to Brenda or Ron. Thanks very much! /bsc ~j TLU~Q