HomeMy WebLinkAbout1990-08-07 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 7, 1990
7:30 p.m.
AGENDA
1. CITIZEN PARTICIPATION
2. Public Hearing on 1990-91 Parking Policies
3. Consent Agenda
A. Approval of Minutes of July 3 and 17, 1990 Meetings
B. Ordinance No. 19, Series of 1990, second reading, an ordinance
modifying Section 18.13.080(A) of the Municipal Code of the TOV
regarding density control for the primary/secondary zone district
(Applicant: Town of Vail)
C. Ordinance No. 24, Series of 1990, second reading, an ordinance making
supplemental appropriations from the Town of Vail general fund,
capital projects fund, Communities for Drug-Free Eagle Valley fund,
special parking assessment fund, Vail marketing fund and the real
estate transfer tax fund, of the 1990 budget and the financial plan
for the Town of Vail, Colorado; and authorizing the expenditures of
said appropriations as set forth herein.
D. Ordinance No. 28, Series of 1990, second reading, an ordinance
amending the plan document of the Town of Vail employees' pension
plan; and setting forth details in regard thereto.
E. Ordinance No. 29, Series of 1990, second reading, an ordinance
amending the Town's Police and Fire pension plan document subject to
approval by sixty-five percent (65°~) of the Town's Police and Firemen;
and setting forth details in regard thereto.
F. Ordinance No. 30, Series of 1990, second reading, an ordinance
amending the trust agreement pursuant to the Town of Vail employees'
pension plan; and setting forth details in regard thereto.
G. Resolution No. 18, Series of 1990, a resolution authorizing certain
Town employees and officers to sign checks drawing on an operating
account to be opened by the Town at the FirstBank of Vail and further
authorizing certain employees of the Town to make deposits in said
account. '
H. Resolution No. 19, Series of 1990, a resolution authorizing the Town
of Vail to rent a safe deposit vault at the FirstBank of Vail and
authorizing certain officers to sign a lease therefor, to terminate
the lease, to surrender the box, return the keys, and release the Bank
from any liability in connection therewith.
4. Ordinance No. 25, Series of 1990, second reading, an ordinance amending
Special Development District No. 23, the Vail National Bank Building, and
setting forth the details in regard thereto.
5. Ordinance No. 22, Series of 1990, first reading, an ordinance amending SDD
No. 7, commonly referred to as the Marriott Mark Resort, and the
development plan in accordance with Chapter 18.40 of the Vail Municipal
Code; and setting forth details in regard thereto. (714 West Lionshead
Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant:
M-K Corporation - Kaiser Morcus and Marriott Corporation)
APPLICANT IS REQUESTING THIS ORDINANCE BE TABLED TO SEPTEMBER 4, 1990.
(over)
6. Ordinance No. 27, Series of 1990, first reading, an ordinance amending
Chapter 18.04 of the Vail Municipal Code by the addition of Section.
18.04.035 Brew Pub; and amending Section 18.28.030 of the Municipal Code to
add Brew Pub as a permitted use in the Commercial Service Center zone
district; amending Chapter 18.28.040 of the Vail Municipal Code by the
addition of Brew Pubs that sell beer wholesale and Brew Pubs which sell
fifteen percent of the manufactured beer or ale for off-site 'consumption as
conditional uses to the Commercial Service Center zone district; amending
Chapter 18.28 of the Vail Municipal Code to provide certain restrictions in
the operation of a Brew Pub; and setting forth details in regard thereto.
7. Appeal of the PEC decision to approve requests for an exterior alteration
and landscape variance in order to construct an addition to the Lancelot
Restaurant at the Bell Tower Building located at 201 Gore Creek Drive (Part
of Tract A, Block 56, Vail Village 1st Filing) (Applicant: ,Hermann
Staufer, Lancelot Restaurant)
8. Appeal of DRB approval of the proposed residence at 3010 Booth Creek Drive
(Lot 4, Block 3, Vail Village 11th Filing) (Owner: George P. Caulkins,
Jr.) '
9. Appeal of a DRB decision on the Wittemyer residence which included a new
detached garage and gondola building and a revised front entry (338
Rockledge Road; Lot 1, Block 1, Vail Valley 3rd Filing) (Applicant: Mr.
Wittemyer)
10. Action on proposed lease between the TOV and the Eagle County School
District for a playground at the Red Sandstone Elementary School site at
551 North Frontage Road
11. Appointment of a Design Review Board Member
12. Adjournment
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VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 7, 1990
7:30 p.m.
EXPANDED AGENDA
7:30 1. CITIZEN PARTICIPATION
7:45 2. Public Hearing on 1990-91 Parking Policies
Stan Berryman
Action Requested of Council: Approve/modify the proposed
parking policies.
Background Rationale: The Transportation and Parking
Advisory Committee has developed parking policies as part of
the comprehensive Parking and Transportation Plan. The Town
Council reviewed the policies at their July 31 Work Session
and directed staff to schedule the policies for an evening
meeting to receive public input.
Staff Recommendation: Approve the parking policies.
8:15 3. Consent Agenda
A. Approval of Minutes of July 3 and 17, 1990 Meetings
Andy Knudtsen B. Ordinance No. 19, Series of 1990, second reading, an
ordinance modifying Section 18.13.080(A) of the
Municipal Code of the TOV regarding density control for
the primary/secondary zone district (Applicant: Town
of Vail)
Action Requested of Council: Approve/deny Ordinance
No. 19, Series of 1990, on second reading.
Background Rationale: This is a request to repeal and
reenact Section 18.13.080(A) as shown in the enclosed
memo. Planning staff presented this proposal to the
PEC on July 9, 1990. The PEC unanimously recommended
approval by a vote of 7-0.
Staff Recommendation: Approve Ordinance No. 19, Series
of 1990, on second reading.
Steve Barwick C. Ordinance No. 24, Series of 1990, second reading, a
supplemental appropriation ordinance
Action Requested of Council: Approve/deny Ordinance
No. 24, Series of 1990, on second reading.
Background Rationale: Most of the funds included in
this supplemental appropriation are related to the
parking structure construction project and purchase of
the Berry Creek 5th Filing parcel.
Staff Recommendation: Approve Ordinance No. 24, Series
of 1990, on second reading.
Steve Barwick D. Ordinance No. 28, Series of 1990, second reading, an
Larry Eskwith ordinance approving a fifth amendment to TOU employees'
. pension plan
Action Reauested of Council: Approve/deny Ordinance
No. 28, Series of 1990, on second reading.
Background Rationale: The amendments are:
- Technical updates to pension plans arelneeded.
- Age 50 segregation policy is being included.
Staff Recommendation: Approves Ordinance; No. 28, Series
of 1990, on second reading.
Steve Barwick E. Ordinance No. 29, Series of 1990, second; reading, an
Larry Eskwith ordinance approving a sixth amendment to~TOU Police and
Fire employees' pension plan
Action Requested of Council: Approve/deny Ordinance
No. 29, Series of 1990, on second reading.
Background Rationale: The amendments ar'e:
- Technical updates to pension plans are; needed.
- Age 50 segregation policy is being included.
Staff Recommendation: Approve Ordinance' No. 29, Series
of 1990, on second reading.
Steve Barwick F. Ordinance No. 30, Series of 1~~90, second reading, an
Larry Eskwith ordinance approving a first arendment to the trust
agreement
Action Requested of Council: Approve/de;ny Ordinance
No. 30, Series of 1990, on se~:ond reading.
Background Rationale: The amf~ndment is:''.
- Allowance for UMRD to have voting member on the
Board of Trustees for the "f0V employees' pension
plan.
Staff Recommendation: Approv~a Ordinance; No. 30, Series
of 1990, on second reading.
Steve Thompson G. Resolution No. 18, Series of :1990, a resolution
authorizing certain Town empl~~yees and officers to sign
checks drawing on an operatin~~ account to be opened by
the Town at the FirstBank of 'Jail and further
authorizing certain employees of the Town to make
deposits in said account.
Action Requested of Council: Approve/deny Resolution
No. 18, Series of 1990.
Background Rationale: This resolution ins to add Steve
Barwick and Ken Hughey as signers on our bank account,
and take off Charlie Wick and Larry Eskwith.
Staff Recommendation: Approve Resolution No. 18,
Series of 1990.
Steve Thompson H. Resolution No. 19, Series of 1990, a resolution
authorizing the TOV to rent a safe deposit vault at the
FirstBank of Vail and authorizing certain officers to
sign a lease therefor, to terminate the ',lease, to
surrender the box, return the keys, and release the
Bank from any liability in connection therewith.
Action Requested of Council: Approve/deny Resolution
No. 19, Series of 1990.
Background Rationale: This resolution is to add Steve
Barwick as an authorized user of the safe deposit box,
and to take off Charlie Wick.
Staff Recommendation: Approve Resolution No. 19,
Series of 1990.
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8:30 4. Ordinance No. 25, Series of 1990, second reading, an
Mike Mollica ordinance amending SDD No. 23, Vail National Bank, Part of
Lot D, Block 2, Vail Village 2nd Filing, 108 South Frontage
Road West (Applicant: Vail National Bank Building Corp.)
Action Requested of Council: Approve/deny Ordinance No. 25,
Series of 1990, on second reading.
Background Rationale: The PEC reviewed this request at
their June 25, 1990 public hearing and has unanimously
recommended approval (the vote was 6-0).
Staff Recommendation: Approve Ordinance No. 25, Series of
1990, on second reading.
8:45 5. Ordinance No. 22, Series of 1990, first reading, an
Kristan Pritz ordinance amending SDD No. 7, commonly referred to as the
Marriott Mark Resort, and the development plan in accordance
with Chapter 18.40 of the Vail Municipal Code; and setting
forth details in regard thereto. (714 West Lionshead
Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd
Filing) (Applicant: M-K Corporation - Kaiser Morcus and
Marriott Corporation)
APPLICANT IS REQUESTING THIS ORDINANCE BE TABLED TO SEPT. 4,
AS HE IS BRINGING A NEW UNDERLYING ZONING REQUEST THROUGH
THE PLANNING AND ENVIRONMENTAL COMMISSION.
Action Reauested of Council: Move to table ordinance to
Sept. 4.
8:50 6. Ordinance No. 27, Series of 1990, first reading, which is a
Andy Knudtsen request to amend Sections 18.04 and 18.28 of the Vail
Municipal Code by adding a brew pub definition, making a
brew pub a use by right in the Commercial Service Center
zone district with defined operating characteristics, making
a brew pub with sales for off-site consumption a conditional
use, and making a brew pub as a wholesale outlet a
conditional use. (Applicant: Dean Liotta)
Action Reauested of Council: Approve/deny Ordinance No. 27,
Series of 1990, on first reading.
Background Rationale: The applicant's brew pub proposal
cannot currently be located in the TOU since the code does
not identify it in any section. With the proposed ordinance
change, the code will define the use, setting limits to the
operating characteristics. The PEC unanimously recommended
approval (7-0) of the code changes, with three amendments to
the staff recommendation. The PEC increased the brewing
capacity, removed language regarding odors, and divided the
one conditional use review into two specific reviews.
Staff Recommendation: Approve Ordinance No. 27, Series of
1990, on first reading.
9:10 7. Appeal of the PEC decision to approve requests for an
Kristan Pritz exterior alteration and landscape variance in order to
construct an addition to the Lancelot Restaurant at the Bell
Tower Building located at 201 Gore Creek Drive (Part of
Tract A, Block 5B, Uail Village 1st Filing) (Applicant:
Hermann Staufer, Lancelot Restaurant)
Action Reauested of Council: Uphold/overturn PEC approval
of expansion.
Background Rationale: On July 23, 1990, the PEC approved by
a vote of 5-2 a request to expand the Lancelot Restaurant by
272 sq. ft. onto an existing deck. The request involved an
exterior alteration and a landscape variance. The PEC
recommended that the west planter be improved if the Town
Council would allow the landscape improvement on Town land.
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Kathy Warren and Diana Donovan opposed both requests because
they did not see sufficient cause t:o warrant the removal of
the planter area or pavers. They also felt that the
proposal was not in keeping with the Master Pian's intent.
On July 24, 1990, the Council voted to call up for further
review the PEC approval of the two requests.
Staff Recommendation: Staff recommends approval of the
landscape variance and exterior alteration request.
9:40 8. Appeal of DRB approval of the proposed residence at 3010
Shelly Mello Booth Creek Drive (Lot 4, Block 3, Vail Village 11th
Filing) (Owner: George P. Caulkiris, Jr.)
Action Requested of Council: Uphold/overturn DRB's July 11,
1990 approval of this project.
Background Rationale: The applicant received final approval
from the DRB on July 11, 1990. At that time, the Board put
the following conditions on the apK~lication: 1) the wood
color of the building be natural rE~d cedar; 2) lighter wash
type colors be used on the window ~;hutters; and 3) the south
facing deck be centered rather than set to the east.
(Enclosed plans do not reflect deck: change.) The approval
was appealed by the adjacent property owner Werner and Gilda
Kaplan.
Staff Recommendation: Not applicak~le.
10:10 9. Appeal of a DRB decision on the Wittemyer residence which
Mike Mollica included a new detached garage and gondola building and a
revised front entry (338 RockledgE~ Road; Lot 1, Block 1,
Vail Valley 3rd Filing) (Applicant:: Mr. Wittemyer)
Action Requested of Council: Uphold/overturn the decision
of the DRB. (This item was called up by the Council.)
Background Rationale: The DRB, at their July 18, 1990,
public hearing unanimously approved the Wittemyer request.
The vote was 4-0 and there were no conditions of approval.
Staff Recommendation: None.
10:25 10. Action on proposed lease between ti?e TOV and the Eagle
Andy Knudtsen County School District for a playground at the Red Sandstone
Larry Eskwith Elementary School site at 551 Norti? Frontage Road
Action Requested of Council: Approve/deny the lease
agreement between the Town and the School District.
Background Rationale: The School District would like to
expand the Red Sandstone Elementar~~ School playground onto
Town land. Staff supports the request since it will benefit
the school utilizing land which thE~ Town is not using.
Additional information is provided in the enclosed memo from
Community Development staff. StafiF recommendation is for
approval of the lease agreement wii~h the condition that the
Town of Vail lease on the Red Sand:~tone gym bye extended.
Staff Recommendation: Approve the lease agreement.
10:40 11. Appointment of a Design Review Boai^d Member
Action Requested of Council: Appoint one meiber to the DRB.
Background Rationale: Jamie McClu~~kie has resigned his post
on the DR6 as of August 1, 1990. ~)amie is moving out of the
Vail Valley. As of August 1, 1990, we have 2 applicants for
the vacancy: Fitzhugh Scott and Sl~erry Dorward. The
applicant will complete Jamie's term ending February, 1991.
10:50 12. Adjournment
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MINUTES
VAIL TOWN COUNCIL MEETING
JULY 3, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 3, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro Tem
Lynn Fritzlen
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT: Jim Gibson
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was Citizen Participation. James Johnson discussed the
present outlying bus schedule and reviewed a proposed new schedule he developed.
Mayor Rose stated Council appreciated the time and effort James had spent on this
item, and it had been discussed at the Work Session that afternoon. He added that
the proposed schedule may not be feasible because of the Town's budget, but staff
would look into changes and be ready to discuss with Council next week.
Next was a Consent Agenda of the following items:
A. Approval of Minutes of the June 5 and 19, 1990 Meetings
B. Ordinance No. 18, Series of 1990, second reading, an ordinance amending
Section 18.12 of the Vail Municipal Code to provide for bed and breakfast
operations under certain provisions and circumstances and setting forth
details in regard thereto. (Applicant: Town of Vail)
C. Tabling to July 17 Evening Meeting of Ordinance No. 21, Series of 1990,
second reading, an ordinance designating an underlying zone district of
high density multi-family to Special Development District No. 7, commonly
referred to as the Marriott Mark Resort; and setting forth details in
regard thereto.
D. Tabling to July 17 Evening Meeting of Ordinance No. 22, Series of 1990,
first reading, an ordinance amending Special Development District No. 7,
commonly referred to as the Marriott Mark Resort, and the development plan
in accordance with Chapter 18.40 of the Vail Municipal Code; and setting
forth details in regard thereto.
E. Tabling to July 17 Evening Meeting of an appeal of a Planning and
Environmental Commission decision regarding the PEC's denial of a request
for a height variance for an addition to Condominium Unit E-6, Lot P, Block
5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads
Condominiums) (Applicant: Sid Schultz for H. William Smith)
F. Resolution No. 16, Series of 1990, a resolution authorizing the acquisition
by the Town of Vail, Colorado (the "Town") of certain real property located
in the Town from Robert W. Glake and Fern F. Glake ("S.eller") for a
purchase price of $109,000; such real property to be devoted to public
purposes; authorizing the issuance by the Town of its promissory note in
the amount of $87,200 payable in three annual installments, and secured by
a deed of trust upon the subject real property; and prescribing other
details in connection with such acquisition and purchase.
G. Resolution No. 17, Series of 1990, a resolution authorizing the acquisition
by the Town of Uail, Colorado (the "Town") of certain real property located
in the Town from Dixon Keyser and Lucille Keyser ("Seller") for a purchase
price of $109,000; such real property to be devoted to public purposes;
authorizing the issuance by the Town of its promissory note in the amount
of $87,200 payable in three annual installments, and secured by a deed of
trust upon the subject real property; and prescribing other details in
connection with such acquisition and purchase.
Mayor Rose read the full titles of all items. After a short discussion, Merv Lapin
made a motion to approve the consent agenda as presented. 'fom Steinberg seconded
the motion. A vote was taken and the motion passed unanimously 6-0.
Third on the agenda was Ordinance No. 20, Series of 1990, first reading, an
ordinance amending Ordinance No. 10, Series of 1990, Specia'1 Development District
No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to
provide for gross residential floor area to be calculated pear the requirement of the
primary/secondary zone district Section 18.13.080 Density Cam trol; and setting forth
details in regard thereto. (Applicant: 75°~ of Glen Lyon subdivision property
owners) She full title was read by Mayor Rose. Shelly Mello explained the
amendment and exactly what the changes would do. She revie~tied the SDD criteria and
development standards used in evaluating the request, notin~I the Planning and
Environmental Commission approved the request by a vote of ~~-1, with Diana Donovan
opposing. Shelly and Kristan Pritz then answered questions of Council. Andy Norris
gave some background information to help clear up some misunderstanding of reasons
for the changes. Tom Steinberg then made a motion to appro~re the ordinance on first
reading, which Peggy Osterfoss seconded. A vote was taken ~~nd the motion passed
unanimously 6-0.
Next was Ordinance No. 23, Series of 1990, first reading, an ordinance amending
Section 18.26.040 of the Municipal Code of the Town of Vail to include as a
conditional use "Television Stations" in the Commercial Coma II zone district and
setting forth the details in regard thereto. (Applicant: Jail/Beaver Creek
Television Network) Mayor Rose read the full title. Mike i~lollica gave background
information and reviewed the zoning criteria used in evaluating the request to add
"TV stations" as a first floor level, conditional use in th~a Commercial Core II zone
district. Mike noted staff recommended denial because the request was not
consistent with the review criteria and was inappropriate f~~r first floor level
space. He reviewed the Planning and Environmental Commissi~~n's vote of 4-2 for
denial, with Chuck Christ and Dalton Williams opposing. Milce also referred to the
staff memo dated July 3, 1990 showing PEC members' comments. Bill Perkins,
representing the Vail/Beaver Creek Television Network, gave reasons why he felt the
request for conditional use should be approved. After much more discussion, Merv
Lapin made a motion to approve the ordinance on first reading. Seconding the motion
was Peggy Osterfoss. Lynn Fritzlen suggested two additionalI items be included in
the criteria for conditional use: 1) a studio or production room be visible from
the street, and 2) only cable casting with no broadcast ant~annas being permitted.
Merv amended his motion to include the additional criteria. A vote was taken and
the motion passed unanimously 6-0.
Fifth on the agenda was Ordinance No. 25, Series of 1990, first reading, an
ordinance amending Special Development District No. 23, the Vail National Bank
Building, and setting forth the details in regard thereto. (Applicant: Vail
National Bank Building Corp.) Mayor Rose read the full title of the ordinance.
Mike Mollica mentioned the Vail National Bank had been before Council a few months
earlier to request an amendment to SDD No. 23. The request now was almost identical
in that it included the enclosure of two third floor decks. Mike gave brief
background information, noting the problems with the prior request, and how the
request has changed. He then detailed the SDD criteria used in the evaluation,
adding staff recommended approval of the request, with two ~~onditions:
1. The Town of Vail will not issue a temporary certificate of occupancy to the
Vail National Bank (for the enclosure of the two balconies), until such time as the
Medical Center receives a temporary certificate of occupancy for the parking
structure.
2. If for some unforeseen reason the Medical Center's parking structure is not
completed, the newly constructed deck enclosure shall only Ise allowed to be used for
common storage. The owner shall be required to submit a written agreement
addressing this condition on the use of the space for the T~~wn Attorney's review,
and this shall be recorded on the land records at the Eagle County Clerk and
Recorder's Office.
Mike reported the Planning and Environmental Commission vot~ad 6-0 for a
recommendation of approval. At this time, Rob Levine made motion to approve the
ordinance on first reading, with the conditions as recommen~~ed in the staff memo
dated June 25, 1990. Merv Lapin seconded the motion. After some discussion, Tom
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s,
Steinberg explained why he would have to vote against the request. Jay Peterson,
representing the applicant, responded to Tom's concerns.
There was discussion by Council to add language in the "Whereas" section to indicate
this was a special circumstance to solve intricate parking problems. Rob amended
his motion to include the added language, and Merv amended his second. A vote was
taken and the motion passed 4-2, with Tom Steinberg and Lynn Fritzlen opposing.
Sixth on the agenda was Ordinance No. 26, Series of 1990, an emergency ordinance for
the purpose of allowing parking as a temporary permitted use in an area south of the
Vista Bahn terminal from Vail Road to Chair 12, and setting forth details in regard
thereto. The full title of the ordinance was read by Mayor Rose. Ron Phillips
commented the ordinance was written to alleviate the temporary parking problem, and
was discussed with Vail Associates (owner of the property), the Forest Service, and
surrounding business owners - all approved. Ron then reviewed drawings of the
property where the proposed parking would take place. He added the Planning and
Environmental Commission, at the Council Work Session today, was informed of the
plan, and there were no objections voiced. There was some discussion that it would
be a good idea to notify the property owners around Mill Creek Circle by letter of
the plan. A motion to approve the ordinance as an emergency ordinance was made by
Tom Steinberg and seconded by Peggy Osterfoss. A vote was taken and the motion
passed unanimously 6-0.
There being no further business, this meeting was adjourned at 9:40 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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7
t MINUTES
VAIL TOWN COUNCIL MEETING
JULY 17, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 17, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert Levine
Peggy Osterfoss
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
' Pam Brandmeyer, Town Clerk
The first item was a ten year employment anniversary award to Linda Barca. Ron
Phillips gave brief background information on Linda who is a Bus Driver with the
Public Works/Transportation Department. Skip Gordon made some additional comments,
and Mayor Rose thanked Linda for her hard work and her years of service.
The next order of business was Citizen Participation. There being none, Council
moved on to the third item of business.
Item three on the agenda was a Consent Agenda. Based on Council request, Mayor Rose
stated all items would be handled separately. Item A was Ordinance No. 20, Series
of 1990, second reading, an ordinance amending Ordinance No. 10, Series of 1990,
Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C
Glen Lyon duplex lots to provide for gross residential floor area to be calculated
per the requirement of the primary/secondary zone district Section 18.13.080 Density
Control; and setting forth details in regard thereto (Applicant: 75% of Glen Lyon
subdivision property owners). The title was read in full by Mayor Rose. Kristan
Pritz and Shelly Mello made a brief presentation. Jim Gibson stated concerns
regarding additional GRFA requests, with Shelly responding that this change was in
total conformity with current zoning and lot size. Shelly Mello stated there had
been no specific reason for the 4,200 square foot restriction on GRFA in regards to
negotiation issue, and that the developer had voluntarily agreed to this provision
in order to ensure the quality of the subdivision. Tom Steinberg moved to approve
this ordinance on second reading, with a second coming from Merv Lapin. A vote was
taken and the motion passed unanimously 7-0.
Item B under the Consent Agenda was Ordinance No. 23, Series of 1990, second
reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as
a conditional use "Television Stations" in the Commercial Core II zone district
(Applicant: Vail/Beaver Creek Television Network). The full title was read by
Mayor Rose. Mike Mollica stated there had been one change only, and that was to
"Section I. Definition of TV Stations." Bill Perkins, representing the applicant,
stated he did have a question in regard to the term "satellite dish," and further
questions on the two foot diameter requirement and exemptions. Further discussion
prompted deleting ,the verbiage for satellite dishes from the end of Section I.
Peggy Osterfoss also requested clarification of the production studio and what views
would be available to the public. Bill Perkins stated the public would be able to
view inside the production equipment with seating provided within the studio, and
another studio for taping interviews would be on the walkway immediately to the
exterior of that studio space. Rob Levine moved to pass Ordinance No. 23 on second
reading, with a second coming from Tom Steinberg. A vote was taken and the motion
passed unanimously 7-0. Mike Cacioppo spoke against the approval of this ordinance
indicating that he had a serious problem with the location of television studios on
the first floor level, in that this has previously been reserved for restaurant or
retail space and should be the continued use in Commercial Core I and II, and that
if the Council were to approve this ordinance, it would "smack of special privilege
and election payoffs."
n
Item C under the Consent Agenda was Ordinance No. 25, Series of 1990, second
reading, an ordinance amending SDD No. 23, Vail National B~~nk, Part of Lot D, Block
2, Vail Village 2nd Filing, 108 South Frontage Road West (Applicant: Vail National
Bank Building Corp.). Mayor Rose read the title of the ordinance in full. Mike
Mollica indicated numerous changes to the "Whereas" section at the beginning of the
ordinance had been included based on a request by Merv Lapin. Theselchanges were to
acknowledge the singular and unique situation in which the Bank finds itself. Jim
Gibson had questions in regard to future use of this parking facility and the
right-of-reverter clause. Specifically, he asked whether 'the reverter clause had
been lifted, stating the reverter clause was of some issue because if in the future
the medical facility were not located on this site or if the structure were
destroyed and not to be rebuilt, Vail Associates could once again obtain exclusive
use of this portion of land which would then negate any parking arrangement the Vail
National Bank Building had with the Medical Center. Larry Lichliter with Vail
Associates acknowledged the reverter clause situation and 'stated the clause had not
been lifted. However, the situation was one with which they had dealt. Following
discussion, Rob Levine moved to approve Ordinance No. 25, iNith a second coming from
Kent Rose. At this point, Jay Peterson asked to table this ordinance in order to
clarify the reverter clause question. Rob Levine withdrew his motion, and Kent Rose
his second. Peggy Osterfoss then moved to table this Ordinance No. 25 to the August
7 meeting, with a second coming from Jim Gibson. A vote w,~s taken and the motion
passed 5-2, with Tom Steinberg and Merv Lapin opposing.
The fourth item of business was Ordinance No. 21, Series of 1990, second reading, an
ordinance designating an underlying zone district of high density multi-family to
Special Development District No. 7, commonly referred to a.s the Marriott Mark
Resort; and setting forth details in regard thereto (714 ~~Jest Lionshead Circle,
Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M~K Corporation,
Mark Lodge Condominiums, and Mark Resort & Tennis Club). Ihayor Rose read the full
title. Kristan Pritz presented a brief history relating to the application of HDMF
zoning to the Special Development District. Because this item had been presented in
its entirety at the June 19 evening meeting, Kristan focused on changes that had
occurred since that meeting. The GRFA had been reduced to 58,800 square feet, which
was a reflection of 56 timesharing units at approximately 1,050 square feet per
unit. Ned Gwathmey, architect for the project, explained that a computer analysis
presented a refinement of the plan and had altered the original figures and reduced
the total GRFA by approximately 8,400 square feet. Kristan explained the
consideration of both the Ordinance No. 21, as previously stated, as well as
Ordinance No. 22, relating to amending the SDD No. 7 to allow timeshare, could be
discussed in the same arena, but she asked specifically that individual votes be
taken on each of those ordinances. From research staff had put together, it
appeared the SDD actually had two underlying zone districts. The eastern Lot 7 had
public accommodation zoning. However, that was in conflict with John Ryan, who had
prepared the original EIR in 1977 and referenced Lot 7 as being zoned HDMF in his
EIR. Lots 4 and 5, which are to the west of Lot 7, appeared to have been zoned
HDMF. Staff recommendation for using the HDMF zone district as an underlying zone
district to the SDD No. 7 was then presented. Kristan noted several areas regarding
HDMF zoning that made this zoning appear appropriate and applicable to the Marriott
site. Merv Lapin then raised the issue about the appropriateness of the HDMF
underlying zoning for all three lots at the Marriott site. A discussion ensued and
it was pointed out by the Town Attorney that the underlying zoning would affect the
uses specifically for the SDD and that the Council should consider the criteria from
the Vail Land Use Plan and whether this was a furtherance of that Land Use Plan. At
this point, Peter Jamar, Jay Peterson, Kaiser Morcus, Ned Gwathmey, Jeff Jacquard,
and John Sweeney were introduced, all as representatives of the Marriott Mark
application. Peter Jamar responded to suggestions made by members of the Council at
the June 19 meeting and indicated that four revisions, commitments, and
clarifications were being proposed in a memo from the applicant dated July 10, 1990.
1. GRFA
The previous GRFA total proposed was 71,200 square feet, excluding 4,000
for the ten employee units. After further study and analysis of the floor plan, the
applicant proposed to reduce the total to 62,800 square feet. Both figures include
the 4,000 square feet for employee units.
2. Architectural features of existing hotel exterior
Peter said it had been suggested that in additions to their previous
commitment to repaint the exterior of the existing hotel, they would study
alterations of the balconies in order to improve the builcling's appearance. Feeling
this was an excellent suggestion on the Council's part, tF~e applicant was
investigating various design solutions and agreed to include a new balcony design in
the project.
-2-
3. Time sharing
Due to several questions regarding the timeshare nature of the expansion,
the applicant had prepared an informational memorandum addressing specific questions
and this was included in the Council packet.
4. Left turn lane
As a point of clarification, the applicant fully understood that if for
some reason the overall funding strategy for Frontage Road improvements is not
established prior to issuance of the applicant's certificate of occupancy, the
applicant may be responsible for 100°~ of the cost of the left turn lane off the
Frontage Road to West Lionshead Circle with a right of reimbursement for costs
exceeding their fair share at some future date should an overall funding mechanism
be put into place.
Kaiser Morcus stated that a $4.5 million upgrade had been planned for the Marriott
facility, and this would include a total refurbishment of the interior as well as
the exterior. As far as maintenance of the new building, Kaiser explained there was
a reserve fund that had been established which represented ten percent of the total
operating fund to upgrade and maintain the new facility. At this point, Jay
Peterson reminded Council that the applicant was establishing underlying zoning and
not changing it; that the original zoning had been placed .back in 1973. Cindy
Jacobson presented comments negative to the granting to the approval of this
ordinance. Jim Lamont also spoke about the SDD special laws and whether this was
being handled in a procedurally correct manner, he noted that with the two zoning
districts involved in this property and the most restrictive use should apply. He
stated his concern about fractionalization of accommodation units and protecting the
bed base and convention business for the Lionshead area, as well as the Town of
Vail. Kaiser Morcus reiterated his desire to cater to convention business. Eric
Affeldt spoke in regard to clarification of the underlying zoning being HDMF, and
restated the actual locations of the parcels in question. Jim Gibson expressed his
concern with Ordinance No. 22, the ordinance allowing timeshare development at the
Marriott, and stated the report received from the applicant seemed very subjective.
He felt that maintenance of privately owned properties was certainly more desirable
than the timeshare scenario. Merv Lapin then made a motion to approve Ordinance No.
21, based on his scrutiny of the surrounding neighborhood and noting that the Vail
Spa across the street currently is zoned HDMF, Antlers CCII, and the Enzian CCII.
Tom Steinberg seconded this motion. Tom Steinberg then withdrew his second
explaining he believed the eastern lot, i.e., the actual Marriott physical facility,
was to remain public accommodation, and when he understood this was not so, withdrew
his second of that motion. Kent Rose then seconded Merv Lapin's motion to approve
Ordinance No. 21. Rob Levine stated that even if the Council approved both
Ordinance Nos. 21 and 22 on this evening, if the applicant wanted to do something
outside the current SDD, he would have to come in again for a major amendment to the
SDD. Merv Lapin called the motion. A vote was taken and the motion failed 2-5,
with Rob Levine and Kent Rose voting for approval of Ordinance No. 21, and the
remaining five members of Council voting against.
Based on this vote, Jay Peterson requested Ordinance No. 22, Series of 1990, be
tabled to the next regular meeting of the Vail Town Council, August 7, 1990. Peggy
Osterfoss moved to table Ordinance No. 22 to the August 7 meeting, with a second
coming from Rob Levine. A vote was taken and the motion passed unanimously 7-0.
Eric Affeldt then requested a synopsis of the vote, with reasons from each of the
Councilmembers to explain their votes. Rob Levine stated in order to protect the
Town of Vail zoning, the entire parcel, i.e., all lots, HDMF seemed to make the most
sense and was a cleaner SDD. There was a process already set up for further review
and change and he felt that the Town had explicit protection. Lynn Fritzlen felt it
was important to establish underlying zoning, but felt that any increase in bulk and
mass should not be addressed on a singular basis. Tom Steinberg felt that having
split zoning on the property was inappropriate. Kent Rose felt much the same as Rob
Levine, stating that the HDMF already existed on this parcel, and he felt that HDMF
for the western parcel was more appropriate and so should be acknowledged as the
overall zoning. Merv Lapin stated that he was against timeshare, although he did
feel that HDMF was the appropriate zoning for this particular parcel. He stated he
was against timesharing because of the numerous foreclosure notices he sees for
timeshare owners in Eagle County. Peggy Osterfoss stated she voted against this
ordinance because she objected to changing density independent of the approval of
the ordinance amending the SDD. Jim Gibson stated he was against the ordinance
because of the uncertain quality of timeshare projects, and that HDMF would allow
the timeshare use.
The time being 10:30 p.m., Mayor Rose called for a five minute break.
-3-
r
The next item of business was Ordinance No. 19, Series of 1990, first reading, an
ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding
density control for the primary/secondary zone district (A.pplicant: Town of
Vail). Mayor Rose read the full title of the ordinance. Andy Knudtsen stated this
amending ordinance was to correct a typographical error. Nlike Cacioppo asked
questions in regard to the affect this ordinance would have on his personal property
and was satisfied with the input from staff. Tom Steinberg made a motion to approve
Ordinance No. 19 on first reading. Lynn Fritzlen seconded that motion. A vote was
taken and the motion passed unanimously 7-0.
Next was Ordinance No. 24, Series of 1990, first reading, a,n ordinance making
supplemental appropriations from the Town of Vail general fund, capital projects
fund, Communities for Drug-Free Eagle Valley fund, special parking assessment fund,
Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and
the financial plan for the Town of Vail, Colorado; and authorizing the expenditures
of said appropriations as set forth herein. Mayor Rose read the full title. Merv
Lapin suggested he ordinarily was not in favor of supplemental appropriation
ordinances, but in this case, the majority of items were rollovers from 1989 and
passage was appropriate. Jim Gibson moved to approve Ordinance No. 24, with a
second coming from Tom Steinberg. A vote was taken and they motion passed
unanimously 7-0.
The next item of business was Ordinance No. 28, Series of 1.990, first reading, an
ordinance amending the plan document of the Town of Vail employees' pension plan;
and setting forth details in regard thereto. The full title was read by Mayor
Rose. Charlie Wick stated that the next three items, Ordinance No. 28, Ordinance
No. 29, and Ordinance No. 30 were nearly identical documents, that state law
requires separate documents for police and fire as opposed to Town of Vail
employees' pension plan, and they must be reviewed indepenclently of each. Merv
Lapin moved to approve Ordinance No. 28 on first reading. Lynn Fritzlen seconded
that motion. A vote was taken and the motion passed unanimously 7-0.
Ordinance No. 29, Series of 1990, first reading, an ordinance amending the Town's
Police and Fire pension plan document subject to approval try sixty-fine percent
(65°~) of the Town's Police and Firemen; and setting forth details in iregard thereto,
was next on the agenda. Mayor Rose read the title in full. Charlie Wick stated
that an election had been held on July 2 and 3, 1990 at thE~ Vail Municipal Building
for the Town of Uail and the results were as follows. The Town of Vail has 15 sworn
fire personnel with 13 votes cast for amendment six; one vote against amendment six;
and one fire personnel not voting; therefore, 93 percent voted for amendment six.
In regard to the police election, the Town of Vail has 27 :.worn police personnel; 22
votes cast were for amendment six; none voted against amendment six; and five police
personnel did not vote; therefore, 82 percent of the sworn police personnel voted
for amendment six. In order to pass, 65 percent sworn personnel must vote on an
issue. Merv Lapin moved to approve Ordinance No. 29 on first reading, and Lynn
Fritzlen seconded that motion. A vote was taken and the motion passed unanimously
7-0.
Item ten on the agenda was Ordinance No. 30, Series of 1990, first reading, an
ordinance amending the trust agreement pursuant to the Towrr of Vail employees'
pension plan; and setting forth details in regard thereto. The full title was read
by Mayor Rose. This amendment allowed UMRD to have a voting member on the Board of
Trustees for the Town of Vail Employees' Pension Plan. Merv Lapin moved to approve
this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the
motion passed unanimously 7-0.
Item eleven was an appeal of a Planning and Environmental Commission decision
regarding the PEC's denial of a request for a height variance for an addition to
Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow
Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. William Smith).
Mike Mollica requested that Council uphold or overturn the decision of the PEC. The
PEC at their June 25, 1990, public hearing had unanimously denied the requested
height variance, that vote being 6-0. Merv Lapin stated that he owned 50 percent
interest in Unit C-1 of Crossroads, which disqualified him from voting on this
issue, so he stepped down from the hearing. Tom Steinberg divulged that he had a 3
percent interest in a mortgage in a unit at Crossroads, but did not feel that was a
significant conflict, so he opted to vote on the item. Ja;y Peterson stated he was
an attorney representing the applicant, and Sid Schultz wa:s the architect on behalf
of the applicant. Some discussion ensued in regard to whether other condominium
owners had been notified of this request for the use of their collective GRFA, and
Merle Sachnoff, who is secretary of the association, state~~ letters had been sent
out to 22 condominium owners with 20 responding they were in favor of this addition
-4-
~ and two voting against. Rod Slifer spoke on behalf of the applicant, stating it was
important to encourage upgrading of older facilities within the Town of Vail. Lynn
Fritzlen voiced her discontent with the procedures stating that she would prefer
having a policy statement rather than treating this as a singular item. Mike
Mollica stated no additional parking requirement would be necessary since the total
square feet of the unit, including the addition, would now come to 1,695 square
feet. Peggy Osterfoss noted that this was not like other in-fill in the Village,
and was more an extension of an existing architectural element. Peggy Osterfoss
moved to uphold the Planning Commission's decision for denial of this request, with
a second coming from Kent Rose. Her findings included that this would be a grant of
special privilege because the building itself is not a physical hardship. A vote
was taken and the motion passed unanimously 6-0.
At this point, Susie Bruce, who was not represented by counsel, requested an
audience with the Town Council to discuss the lease for space currently held by .the
Town of Vail in the Village Inn project. Her questions related to the term of the
lease as well as the CPI or adjustment over time. Steve Barwick's recommendation
was to compromise, with the market value adjustment after five years. He suggested
that an appraiser should evaluate the property. This would guarantee after a five
year period of time, the Town of Vail would be getting its equitable leasehold space
amount. The Council unanimously agreed and gave direction to staff to proceed with
signing of the lease with Ms. Bruce.
There being no further business, the meeting was adjourned at 11:45 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST;
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Pam Brandmeyer
-5-
ORDINANCE N0. 19
Series of 1990
AN ORDINANCE REPEALING AND REENACTING SECTION 18.13.080 A.,
DENSITY CONTROL OF THE MUNICIPAL CODE OF THE TOWN OF VAIL AND
PROVIDING THAT THE GROSS RESIDENTIAL FLOOR AREA DISTRIBUTION RATIO
FOR PRIMARY/SECONDARY DWELLING UNITS BE AMENDED TO PROVIDE THAT
THE SECONDARY DWELLING UNIT SHALL BE NO GREATER THAN FORTY PERCENT
OF THE TOTAL ALLOWABLE GROSS RESIDENTIAL FLOOR AREA; AND PROVIDING
DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 12, Series of 1988, inadvertently eliminated the
requirement that the gross residential floor area distribution ratio for primary/
secondary dwelling units be no greater than forty percent (40%) of the total
allowable gross residential floor area; and
WHEREAS, this was a typographical error which the Town Council now wishes to
correct.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. Section 18.13.080A of the Municipal Code of the Town of Vail is hereby
repealed and reenacted with amendments to read as follows:
18.13.080 A. DENSITY CONTROL
A. Not more than a total of two dwelling units shall be permitted on each
site, with only one dwelling unit permitted on lots of less than fifteen thousand
square feet, and not more than twenty-five square feet of gross residential floor
area (GRFA) shall be permitted for each one hundred square feet of site area for the
first fifteen thousand (15,000) square feet of site area, plus not more than ten
square feet of gross residential floor area shall be permitted for each one hundred
square feet of site area over fifteen thousand square feet not to exceed thirty
thousand square feet of site area, plus not more than five square feet of gross
residential floor area for each one hundred square feet of site area in excess of
thirty thousand square feet. On any site containing two dwelling units, one of the
units shall not exceed forty percent (40°~) of the total allowable gross residential
floor area (GRFA). No two-family residential lot except those totally in the red
hazard avalanche zone, or the flood plain, or those of less than fifteen thousand
square feet shall be so restricted that it cannot be occupied by a two-family
primary/secondary residential dwelling.
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 ghat 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 shalil 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 oi;her action or
proceedings as commenced under or by virtue of the provision repealed ,or repealed
and reenacted. The repeal of any provision hereby shall no•t revive any provision or
any ordinance previously repealed or superseded unless expr~sssly stated herein.
5. All bylaws, orders, resolutions, and ordinances, o~r 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 17th day of Juiv
1990, and a public hearing shall be held on this Ordinance on the 17th day of
July 1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this 17th day of July 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-
h
ORDINANCE NO. 24
Series of 1990
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM
THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND,
COMMUNITIES FOR DRUG-FREE EAGLE VAT•T•FY FUND, SPECIAL
PARKING ASSESSMENT FUND, VAIL MARKETING FUND AND THE
REAL ESTATE TRANSFER TAX FUND, OF THE 1990 BUDGET AND
THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE EXPENDITURES OF SAID APPROPIATIONS AS
SET FORTH HEREIN.
WHEREAS, contingencies have arisen during the fiscal
year 1990 which could not have been reasonably foreseen or
anticipated by the Town Council at the time it enacted Ordinance
No. 23, Series of 1989, adopting the 1990 Budget and Financial
Plan for the Town of Vail, Colorado; and,
WHEREAS, the Town has received certain revenues not
budgeted for previously; and,
WHEREAS, The Town Manager has certified to the Town
Council that sufficient funds are available to discharge the
appropriations referred to herein, not otherwise reflected in the
Budget, in accordance with Section 9.10(a) of the Charter of the
Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town
Council finds that it should make certain supplemental
appropriations as set forth herein.
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Vail, Colorado, that:
Pursuant to Section 9.10(a) of the Charter of the Town
of Vail, Colorado, the Town Council hereby makes the following
supplemental appropriations for the 1990 Budget and Financial
Plan for the Town of Vail, Colorado, and authorizes the
expenditure of said appropriations as follows:
FUND AMOUNT
General Fund $ 2,346,440
Capital Projects Fund 10,410,326
Special Parking Assessment Fund 167,110
Real Estate Transfer Tax Fund 269,567
Vail Marketing Fund 80,059
Communities for Drug-free Eagle County Fund 29.500
TOTAL $13,303,002
-1-
INTRODUCED, READ AND APPROVED ON FIRST READING THIS 17th
day of July , 1990, and a public hearing shall be held on
this ordinance on the 17th day of Julv , 1990, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail
Colorado.
Ordered published in full this 17th day of
July , 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
PUBLISHED this day of
1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
Y
REAL ESTATE TRANSFER TAX FUND
PROPOSED
ACCOUNT ITEM SUPPLEMENTAL
30-9056-XXXXX East Vail Recreation Path roll-forward 90,000
30-9339-XXXXX Ford Park Construction roll-forward 33,000
30-9058-XXXXX Vail Trail Safety roll-forward 2,200
• 30-9060-XXXXX Ford Park Entry roll-forward 55,000
30-9064-56100 W. Vail Park Land Purchase roll-forward 44,000
30-9065-XXXXX Stevens Park Improvements roll-forward 30,000
30-9066-XXXXX Intermountain Pool Site roll-forward 41,000
30-9062-XXXXX Gore Creek Promenade roll-forward 5,000
30-9338-XXXXX Landscape Improvements roll-forwards 50,000
30-9330-55100 Transfer to Debt Service (599,538)
30-9330-57131 Loan Repayment 509,156
Increase in 1990 Open Space Pro3ects 9,749
RETT FUND TOTAL 269,567
VAIL MARKETING FUND
PROPOSED
ACCOUNT ITEM SUPPLEMENTAL
32-XXXX-XXXXX Marketing Expenditures 80,059
SPECIAL PARKING ASSESSMENT FUND
PROPOSED
ACCOUNT ITEM SUPPLEMENTAL
31-9010-55101 Transfer to Capital Pro3ects Fund 167,110
COMMUNITIES FOR A DRUG FREE EAGLE COUNTY
PROPOSED
ACCOUNT ITEM SUPPLEMENTAL
88-9553-XXXXX Operating Expenses 29,500
SUPLMNTL
• 7/13/90
I TOWN OF VAIL
Supplemental Appropriations
1990 Budget
GENERAL FUND
PROPOSED
ACCOUNT ITEM SUPPLEMENTAL
01-4100-51210 Master Transportation Plan roll-forward 80,000
O1-0400-51210 Forest Serv. Case Legal Fees roll-forward 20,000
O1-0100-51210 Edwards Land Planning/Design roll-forward 10,000
01-2100-51210 Zoning Code Rewrite roll-forward 55,000
O1-2300-51210 Environmental Comp. Plan roll-forward 10,000
01-0100-52858 Berry Creek 5th Filing Purchase 1,876,000
01-2100-51210 Eagle Co. Housing Needs Assessment 1,000
O1-8300-52848 TOV Clean-Up Day 7,500
O1-1500-XXXXX Survey Non-resident Property Owners 7,500
O1-8500-XXXXX Employee Housing 52,750
O1-8300-52831 Eagle County Election Info Distribution 4,000
O1-8600-XXXXX Child Care Task Force 25,000
O1-3310-56100 Wildland Fire Fighting Equipment 910
01-8300-52833 Contribution to We Recycle 12,300
O1-8300-52831 Contribution to Vail Village Criterium 7,500
O1-3160-XXXXX Summer Parking Plan Expenses 25,000
01-51XX-XXXXX Expanded Summer Bus Service 86,880
O1-1500-52304 Postage for Tennenbaum Land Exchange 4,000
O1-0300-51210 Cultural Arts Facility Expenses 30,000
O1-0100-52210 TV Translator Licenses 3,000
01-4500-52702 Compost Program 600
O1-8300-52831 Limon Clean-up 1,000
O1-0100-52703 Jeff Campbell Dinner 25,000
O1-0100-52858 VRA/ABCRA Focus Group Research 1,500
GENERAL FUND TOTAL 2,346,440
CAPITAL PROJECTS FUND
ACCOUNT ITEM SUPPLEMENTAL
904 Communications Equipment roll-forward 358,000
916 VVI Interior Finishing roll-forward 3,000
905 Signage Program roll-forward 74,000
917 Underground Electrical Lines roll-forward 10,000
405 Design/Eng Pulis Bridge roll-forward 9,800
705 Village Streetscape Design roll-forward 25,000
521 Arena Heat Exchanger roll-forward 9,000
406 W Gore Creek Bridge Design roll-forward 3,900
918 W Meadow Drive Survey roll-forward 1,100
912 Bus Interior Refurbishment roll-forward 8,500
519 Fire Station Ritchen Remodel roll-forward 700
913 Bus Wash/Fueling Facility roll-forward 5,000
919 Computer Pro3ect roll-forward 107,000
Transfer to Debt Service 417,884
Parking Structure Construction 9,?87,842
Decrease in Original Projects (410,400)
CAPITAL PROJECTS TOTAL 10,410,326
VAIL TOWN COUNCIL
POLICY STATEMENT 90-9~
PARKING POLICIES
1. BASIC PARKING RATE STRUCTURE
VTC AND LIONSHEAD PARKING STRUCTURES
Time Interval Recommended Existing
Price Price
o Hrs - 1 1/2 Hrs $ o.oo $o.oo
1 1/2 Hrs - 2 Hrs $ 2.00 $2.00
2 Hrs - 3 Hrs $ 3.00 $4.00
3 Hrs - 4 Hrs $ 4.00 $4.00
4 Hrs - 5 Hrs $ 5.00 $5.00
5 Hrs - 7 Hrs $ 6.00 $5.00 to 6 Hrs;
$6.00 to 7 Hrs
7 Hrs - 9 Hrs $ 7.00 $6.00
9 Hrs - 11 Hrs $ 8.00 $6.00
11 Hrs - 13 Hrs $ 9.00 $6.00 to 12 Hrs;
$7.00 to 13 Hrs
13 Hrs - 18 Hrs $12.00 $7.00
18 Hrs - 24 Hrs $15.00 $7.00
2. PREMIUM SERVICE FEES
' GOLD PASS PROGRAM
Price: $750.00 per Season (to be reviewed annually)
Conditions and Limitations:
o $25.00 deposit at time of purchase.
o Valid at VTC and Lionshead parking structures.
o Guaranteed space availability.
o Unrestricted in-and-out privileges.
o Unrestricted during all times.
o Sales restricted to first 150 requests.
i
3. DISCOUNT PARKING FEES
_ BLUE PASS PROGRAM ~
Price: $200.00 per Season (to be :reviewed annually)
$ 70.00 per 1/3 Season (to be reviewed
annually) ~
Conditions and Limitations:
o $25.00 deposit at time of purchase.
o Sales restricted to Vail residenits, employees and
property owners (except time-shares) having appropriate
identification.
o Not valid at the VTC during the season (appiroximately
December 15 to March 30) between the: times of 6:OOA.M.
to 3:OOP.M.
I
o Valid at Lionshead at all times duri~lg the season.
o Ford Park is recommended to be converted to an equipment
controlled, Blue Pass only parking facility. Blue Passes
are valid at all times during the season and Blue Passes
are required to access the parking l~~t.
I
I
i
ORDINANCE N0. 28
Series of 1990
AN ORDINANCE AMENDING THE PLAN DOCUMENT OF THE
TOWN OF VAIL EMPLOYEES' PENSION PLAN; AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail has adopted an Employees' Pension Plan, the effective
date of which was January 1, 1983 and has adopted a first amendment to said plan,
the effective date of which was May 2, 1984; and
WHEREAS, the Town of Vail has adopted a second amendment to said plan, the
effective date of which was December 12, 1984; and
WHEREAS, the Town of Vail has adopted a third amendment to said plan, the
effective date of which was June 17, 1986; and
WHEREAS, the Town of Vail has adopted a fourth amendment to said plan, the
effective date of which was August 16, 1988; and
WHEREAS, the Town Council wishes to again amend the plan document which sets
forth the details of said pension plan, a copy of which is attached to this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. The fifth amendment to the Employees' Pension Plan document which is
attached to this Ordinance and incorporated herein by reference is hereby adopted by
the Town Council of the Town of Vail.
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
y' 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 17th day of July ,
1990, and a public hearing shall be held on this Ordinance on the 17th day of
July 1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this 17th day of July 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-
FIFTH AMENDMENT
TO
TOWN OF VAIL
EMPLOYEES' PENSION PLAN
THIS AMENDMENT is made by Town of Vail (hereinafter
referred to as the "Employer").
WHEREAS, the Employer adopted the Town of vail
Employees' Pension Plan (hereinafter referred to as the
"Plan") effective January 1, 1983; and
WHEREAS, the Plan provides at Section 8.1 as follows:
"The Employer may amend, modify or terminate
the Plan..."; and
WHEREAS, the Employer previously amended the Plan in
certain technical respects and now desires to further amend
the Plan to make certain additional technical changes to the
Plan;
NOW, THEREFORE, the Employer does hereby amend the
Plan in the following particulars:
ARTICLE I
Article II of the Plan (pages 2 through 4) is hereby
amended by adding the following Section 2.26 to the end of
such Article:
8RY/J-032090-31A
"2.26 "Compensation" means the basic salary paid
by the Employer to a Participant for services
rendered to the Employer, excluding bonuses,
overtime pay, severance pay, shift differen-
tials, longevity pay, and any other form of
compensation, insurance premiums, pensions and
retirement benefits, and all contributions by
the Employer to the within Pension Plan, to
any health, accident or welfare fund or plan,
to any deferred compensation plan, to any
other qualified retirement plan or simplified
employee pension plan, or any similar benefit,
'any amount received as cash under a profit-
sharing plan cash option provision, and any
other amounts which receive special tax bene-
fits, provided that compensation reductions
pursuant to the Employer pick-up of employee
contributions pursuant to Code Section 414(h)
shall not be excluded as compensation except
for the purpose of applying the limitations on
allocations and benefits under Code Section
415. Further, compensation shall not include
any amounts realized on the transfer of pro-
perty rights from the Employer. The annual
compensation of any Participant taken into
account under the terms of the Plan for any
Plan Year shall not exceed $200,000, as
adjusted for changes in the cost of living as
provided by law or regulation."
ARTICLE II
Section 4.5 of the Plan (pages 7 through 10 and as
amended by Article II of the Second Amendment to the Plan) is
hereby amended to read in its entirety as follows:
"4.5 Limitations on Allocations.
(a) General Rule. In no event may a Par-
ticipant receive an allocation for any
year which, when combined with his allo-
cation under any other defined contribu-
-2-
BRN/J-032090-31A
J
tion plan established by the Employer,
exceeds the lesser of 25~ of his compen-
sation for such year or $30,000, provided
such figure shall change to conform with
any adjustment for changes in the cost of
living after the enactment of the Tax
Equity and Fiscal Responsibility Act of
1982, as provided by law or regulation.
For the purpose of applying the foregoing
limitation, the limitation year shall be
the Plan Year. If a short limitation
year is created as a result of a change
in the limitation year, the dollar limi-
tation for such short limitation year
shall be the dollar limitation set forth
in this subsection multiplied by a frac-
tion, the numerator of which is the num-
ber of months in such short limitation
year and the denominator of which is
twelve (12).
(b) Allocations. For the purpose of applying
the limitations of this section, the
allocation to the Participant shall
include the following amounts allocated
to the account of a Participant fora
limitation year: (i) Employer contribu-
tions, (ii) forfeitures, and (iii) non-
deductible contributions made by the Par-
ticipant, provided that for years begin-
ning before 1987, only non-deductible
contributions in excess of 6~ of his com-
pensation for the year or one-half of the
non-deductible contributions made by the
Participant, whichever shall be less,
shall be counted as an allocation. For
the purpose of applying the limitations
of this Section, compensation from and
allocations received under any retirement
plan maintained by any other employer
which is a common member with the Employer
of either a controlled group of busi-
nesses or an affiliated service group, as
prescribed by law or regulation, shall be
counted.
-3-
BAY/J-032090-31A
i
(c) Excluded Amounts. Any amount not men-
tioned in subparagraph (b) shall not be
considered an allocation. The amounts
not considered as allocations include
deductible Participant contributions,
rollover contributions and transfers from
other qualified plans allocated to the
account of a Participant.
(d) Treatment of Excess. In the event an
allocation would otherwise exceed the
limitations of this section, any non-
deductible voluntary contribution by the
Participant which is counted as part of
such allocation shall be returned to such
Participant to the extent necessary to
reduce such allocation to a level in
compliance with the limitations of this
section. If after such return of contri-
butions there still remains an excess,
the excess over such limitations shall be
held in a suspense account until such
amount can be applied to reduce the next
contribution of the Employer. If the
Employer maintains more than one
qualified defined contribution plan, the
excess shall be considered to have first
occurred in the plan to which the contri-
bution of the Employer is discretionary,
and if there is no such plan, the excess
shall be treated as having occurred in
all defined contribution plans on a pro
rata basis based upon the Employer con-
tribution to each of the plans. If this
plan is terminated when there is an
amount held in such a suspense account,
the amount held in such account which
cannot be allocated to Participants
without exceeding the foregoing limits
shall be returned to the Employer.
(e) Compensation. For the purpose of this
- Section and Section 4.5, compensation
shall mean compensation as defined in
Section 2.5, provided that any taxable
compensation excluded under such Section
shall be included as compensation."
-4-
BRY/J-03209~3]A
i ,
ARTICLE III
Article v of the Plan (pages 11 and 12 and as amended
by Article I of the Fourth Amendment to the Plan) is hereby
amended by adding the following Section 5.4 to the end of such
Article:
"5.4 Seare4ated Account for Particiuants Who Attain
the Aqe of 50.
when a Participant who has a 100 vested
interest in his Employer Contribution Account
attains the age of 50, he shall have the
option to direct the Trustee to establish a
segregated account within the Trust Fund to
which will be allocated the entire balance to
his credit attributable to both employee and
Employer contributions. Such option shall be
exercised by a written election filed with the
Trustee at least six months in advance of the
date on which the segregation will take place.
Once such an election has been filed, it shall
be irrevocable and all future contributions to
the Plan shall be made to such segregated
account. Any segregated account maintained
for a Participant's interest shall be invested
by the Trustee in any one or more of the
investments authorized in the Trust Agreement,
as the Trustee and the Administrator shall
mutually determine with the consent of the
Participant. Notwithstanding any other provi-
sions of this Plan, the segregated account of
a Participant shall alone participate in the
income, gains or losses of the property so
segregated and alone shall be liable upon con-
trac~-s made for its benefit or liabilities
arising from the investment of such account.
Any expenses resulting from the investments
made for the benefit of such account shall be
borne solely by such Participant's account,
unless otherwise determined by the Adminis-
trator."
-5-
BRY/J-032090-31A
ARTICLE IV
Section 8.8(b) of the Plan (page 21 and as amended by
Article Iv of the Third Amendment to the Plan) is hereby
amended to read in its entirety as follows:
"(b) qualified Domestic Relations Order.
Paragraph (a) of this Section shall not
apply to the creation, assignment or
recognition of a right to any benefit
payable with respect to a Participant
pursuant to a Qualified Domestic Rela-
tions Order under Code Section 414(p).
Distribution may be made pursuant to such
an order at any time after the entry of
such order. Distribution may be made
pursuant to such an order at any time,
even if the Participant is still an
employee. The Administrator shall estab-
lish such reasonable procedures as are
necessary to determine the qualified
status of domestic relations orders and
to administer distributions under such
qualified orders."
ARTICLE V
The amendments to the Plan set forth in Articles I,
III and IV above shall be effective as of January I, 1989.
The amendment to the Plan set forth in Article II above shall
be effective as of January 1, 1987.
ARTICLE VI
Except as hereinabove amended in Articles I through v
above, the Employer hereby readopts, reaffirms and redeclares
each and every provision of the Plan.
-6-
BRY/J-0090-3fA
IN WITNESS WHEREOF, the Employer, at the direction of
its City Council and with the consent of the Participants, has
executed this Amendment as of the day of ,
1990.
TOWN OF VAIL
By
-7-
BRY/f-8uvyv-31A
L
- ORDINANCE N0. 29
Series of 1990 -
AN ORDINANCE AMENDING THE TOWN'S POLICE AND FIRE
PENSION PLAN DOCUMENT SUBJECT TO APPROVAL BY SIXTY-
FIVE PERCENT (65%) OF THE TOWN'S POLICE AND FIREMEN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail has adopted a Police and Firemen's Pension Plan, the
effective date of which was January 1, 1983 and has adopted a first, second, third,
fourth, and fifth amendment to said plan, the effective dates of which were
September 20, 1983, May 2, 1984, December 4, 1984, June 17, 1986, and August 17,
1988, respectively; and
WHEREAS, the Police and Fire employees of the Town of Vail now wish to amend the
Police and Fire Employees' Pension Plan a sixth time as set forth in the amendment
attached hereto and incorporated by reference; and
WHEREAS, such amendment must be approved by the Town Council of the Town of
Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. The sixth amendment to the Police and Fire Employees' Pension Plan document
which is attached hereto and incorporated herein by reference is hereby approved by
the Town Council subject to the approval of sixty-five percent (65%) of the police
and fire employees of the Town of Vail.
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 17th day of July ,
1990, and a public hearing shall be held on this Ordinance on the 17th day of
July 1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this 17th day of Ju1v 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-
SIXTH AMENDMENT
TO
TOWN OF VAIL
POLICE AND FIRE EMPLOYEES'
PENSION PLAN
THIS AMENDMENT is made by Town of Vail (hereinafter
referred to as the "Employer").
WHEREAS, the Employer adopted the Town of Vail Police
and Fire Employees' Pension Plan (hereinafter referred to as
the "Plan") effective January 1, 1983; and
WHEREAS, the Plan provides at Section 8.1 as follows:
"The Employer may amend, modify or terminate
the Plan upon approval of such amendment, modifica-
tion or termination by 65~ of the active Partici-
pants..."; and
WHEREAS, the Employer previously amended the Plan in
certain technical respects and now desires to further amend
the Plan to make an additional technical change to the Plan;
NOW, THEREFORE, the Employer does hereby amend the
Plan in the following particulars:
ARTICLE I
Article II of the Plan (pages 2 through 5) is hereby
amended by adding the following Section 2.27 to the end of
such Article:
BJIY/J-032090-31A
R-
"2.27 "Compensation" means the basic salary paid
by the Employer to a Participant for services
rendered to the Employer, excluding bonuses,
overtime pay, severance pay, shift differen-
tials, longevity pay, and any other form of
compensation, insurance premiums, pensions and
retirement benefits, and all contributions by
the Employer to the within Pension Plan, to
,any health, accident or welfare fund or plan,
to any deferred compensation plan, to any
other qualified retirement plan or simplified
employee pension plan, or any similar benefit,
any amount received as cash under a profit-
sharing plan cash option provision, and any
other amounts which receive special tax bene-
fits, provided that compensation reductions
pursuant to the Employer pick-up of employee
contributions pursuant to Code Section 414(h)
shall not_be excluded as compensation except
for the purpose of applying the limitations on
allocations and benefits under Code Section
415. Further, compensation shall not include
any amounts realized on the transfer of pro-
perty rights from the Employer. The annual
compensation of any Participant taken into
account under the terms of the Plan for any
Plan Year shall not exceed $200,000, as
adjusted for changes in the cost of living as
provided by law or regulation."
ARTICLE II
Section 4.5 of the Plan (pages 9 through 12 and as
amended by Article II of the Third Amendment to the Plan) is
hereby amended to read in its entirety as follows:
"4.5 Limitations on Allocations.
(a) General Rule. In no event may a Par-
ticipant receive an allocation for any
year which, when combined with his allo-
cation under any other defined contribu-
-2-
8RY/J-03'1090-31A
tion plan established by the Employer,
exceeds the lesser of 25~ of his compen-
sation for such year or $30,000, provided
such figure shall change to conform with
any adjustment for changes in the cost of
living after the enactment of the Tax
Equity and Fiscal Responsibility Act of
1982, as provided by law or regulation. -
For the purpose of applying the foregoing
limitation, the limitation year shall be
the Plan Year. If a short limitation
year, is created as a result of a change
in the limitation year, the dollar limi-
tation for such short limitation year
shall be the dollar. limitation set forth
in this subsection multiplied by a frac-
tion, the numerator of which is the num-
ber of months in such short limitation
year and the denominator of which is
twelve (12).
(b) Allocations. For the purpose of applying
.the limitations of this section, the
allocation to the Participant shall
include the following amounts allocated
to the account of a Participant for a
limitation year: (i) Employer contribu-
tions, (ii) forfeitures, and (iii) non-
deductible contributions made by the Par-
ticipant, provided that for years begin-
ning before 1987, only non-deductible
contributions in excess of 6~ of his com-
pensation for the year or one-half of the
non-deductible contributions made by the
Participant, whichever shall be less,
shall be counted as an allocation. For
the purpose of applying the limitations
of this Section, compensation from and -
allocations received under any retirement
plan maintained by any other employer
which is a common member with the Employer
of either a controlled group of busi-
nesses or an affiliated service group, as
prescribed by law or regulation, shall be
counted.
-3-
BRY/J-03?094-31A
(c) .-Excluded Amounts. Any amount not men-
tioned in subparagraph (b) shall not be
considered an allocation. The amounts
not considered as allocations include
deductible Participant contributions,
rollover contributions and transfers from
other qualified plans allocated to the
account of a Participant.
(d) Treatment of Excess. In the event an
allocation would otherwise exceed the
limitations of this section, any non-
.deductible voluntary contribution by the .
Participant which is counted as part of
such allocation shall be returned to such
Participant to the extent necessary to
reduce such allocation to a level in
compliance with the limitations of this
section. If after such return of contri-
butions there still remains an excess,
the excess over such limitations shall be
held in a suspense account until such
amount can be applied to reduce the next
contribution of the Employer. If the
Employer maintains more than one
qualified defined contribution plan, the
excess shall be considered to have first
occurred in the plan to which the contri-
bution of the Employer is discretionary,
and if there is no such plan, the excess
shall be treated as having occurred in
all defined contribution plans on a pro
rata basis based upon the Employer con-
tribution to each of the plans. If this
plan 1s terminated when there is an
amount held in such a suspense account,
the amount held in such account which
cannot be allocated to Participants
without exceeding the foregoing limits
shall be returned to the Employer.
(e) Compensation. For the purpose of this
Section ,,and .Section 4.5, compensation
shall mean compensation as defined in
Section 2.5, provided that any~~taxable
compensation excluded under such Section
shall be included as compensation."
-4-
BRM/J-032090-31A
ARTICLE III
Article V of the Plan (pages 13 and 14 and as amended
by Article I of the Fifth Amendment to the Plan) is hereby
amended by adding the following Section 5.4 to the end of such
Article:
"5.4 Segregated Account for Participants Who Attain
the Aqe of 50.
When a Participant who has a 100 vested
interest in his Employer Contribution Account
attains the age of 50, he shall have the
option to direct the Trustee to establish a
segregated account within the Trust Fund to
which will be allocated the entire balance to
his credit attributable to both employee and
Employer contributions. Such option shall be
exercised by a written election filed with the
Trustee at least six months in advance of the
date on which the segregation will take place.
Once such an election has been filed, it shall
be irrevocable and all future contributions to
the Plan shall be made to such segregated
account. Any segregated account maintained
for a Participant's interest shall be invested
by the Trustee in any one or more of the
investments authorized in the Trust Agreement,
as the Trustee and the Administrator shall
mutually determine with the consent of the
Participant. Notwithstanding any other provi-
sions of this Plan, the segregated account of
a Participant shall alone participate in the
income, gains or losses of the property so
segregated and alone shall be liable upon con-
tracts made for its benefit or liabilities
arising from the investment of such account.
Any expenses resulting from the investments
made for. the benefit of such account shall be
borne solely by such Participant's account,
unless otherwise determined by the Adminis-
trator."
-5-
BAY/J-03?09a31A
~r
ARTICLE IV
Section 8.8(b) of the Plan (page 26 and as amended by
Article Iv of the Third Amendment to the Plan) is hereby
amended to read in its entirety as follows:
"(b) qualified Domestic Relations Order.
Paragraph (a) of this Section shall not
apply to the creation, assignment or
recognition of a right to any benefit
payable with respect to a Participant
pursuant to a Qualified Domestic Rela-
tions order under Code Section 414(p).
.Distribution. may be made pursuant to such
an order at any time after the entry of
such order. Distribution may be made
pursuant to such an order at any time,
even if the Participant is still an
.employee. The Administrator shall.estab-
lish such reasonable procedures as are
necessary to determine the qualified
status of domestic relations orders and
to administer distributions under such
qualified orders."
ARTICLE V
The amendments to the Plan set forth in Articles I,
III and Iv above shall be effective as of January 1, 1989.
The amendment to the Plan set forth in Article II above shall
be effective as of January 1, 1987.
ARTICLE VI
Except as hereinabove amended in Articles I through V
above, the Employer hereby readopts, reaffirms and redeclares
each and every provision of the Plan.
-6-
BRY/J-03?0~31A
IN WITNESS WHEREOF, the Employer, at the direction of
its City Council and with the consent of sixty-five percent
(65~) of the active Participants, has executed this Amendment
as of the day of 1990.
TOWN OF VAIL
By
-7-
BRY/J-.~se~eJ-31A
4
ORDINANCE N0. 30
Series of 1990
AN ORDINANCE AMENDING THE TRUST AGREEMENT PURSUANT
TO TOWN OF VAIL EMPLOYEES' PENSION PLAN; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail has adopted a Trust Agreement pursuant to the Town of
Vail Employees' Pension Plan, date of which was January 1, 1983; and
WHEREAS, the Town of Vail has adopted a fourth amendment to said plan, the
effective date of which was August 16, 1988; and
WHEREAS, the Town Council wishes to amend the Trust Agreement which sets forth
the details of implementing the Town's Pension Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. The first amendment to the Employees' Pension Plan Trust Agreement which is
attached to this Ordinance and incorporated herein by reference is hereby adopted by
the Town Council of the Town of Vail.
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.
f INTRODUCED, READ AND APPROVED ON FIRST READING this 17th day of July ,
1990, and a public hearing shall be held on this Ordinance on the 17th day of
July 1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this ~~rh day of July 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-
FIRST AMENDMENT
TO
TRUST AGREEMENT
Pursuant to
TOWN OF VAIL
EMPLOYEES' PENSION PLAN
THIS AMENDMENT is made by the Town of Vail (hereinafter referred to as the
"Employer") with the consent of the Trustee.
WHEREAS, the Employer and the Trustee entered into a Trust Agreement to carry
out the terms of the Town of Vail Employees' Pension Plan (hereinafter referred to
as the "Trust") on September 20, 1983; and
WHEREAS, the Trust, at Article IX, provides in part as follows:
"The Employer shall have the right at any time and from time to
time by action of Town Council with the written consent of the Trustee
to amend this Trust Agreement and
WHEREAS, the Employer now desires to amend the Trust to make a technical change
to the Trust;
NOW, THEREFORE, the Employer does hereby amend the Trust in the following
particulars:
ARTICLE I
Section 7.3 of the Trust (page 16) is hereby amended by adding the following
language to the end of such Section:
"In addition, the Board of Directors of the Vail Metropolitan
Recreation District shall appoint one individual to serve as a
Trustee. Such individual shall be either a member of such Board or an
employee of Vail Metropolitan Recreation District. Such person shall
serve for such term as is determined by the Board of Directors of the
Vail Metropolitan Recreation District."
ARTICLE II
Section 7.3 of the Trust (page 16) is also hereby amended by deleting "(c)
Finance Director;" and "(d) Personnel Director." and inserting in their place "(c)
Director of Administrative Services."
ARTICLE III
The amendment to the Trust set forth in Article I above shall be effective as of
the date of adoption.
ARTICLE IV
Except as hereinabove amended in Articles I and II above, the Employer hereby
readopts, reaffirms and redeclares each and every provision of the Trust.
IN WITNESS WHEREOF, the Employer, at the direction of its Town Council and with
the consent of the Trustee, has executed this Amendment as of the day of
1990.
TOWN OF VAIL
By:
Administrator
The foregoing Amendment is hereby approved by the currently acting Trustees this
day of 1990.
Town Manager
Town Attorney
Director of Administrative Services
_2_
RESOLUTION N0. 18
Series of 1990
A RESOLUTION AUTHORIZING CERTAIN TOWN EMPLOYEES AND OFFICERS
TO SIGN CHECKS DRAWING ON AN OPERATING ACCOUNT TO BE OPENED
BY THE TOWN AT THE FIRSTBANK OF VAIL AND FURTHER AUTHORIZING
CERTAIN EMPLOYEES OF THE TOWN TO MAKE DEPOSITS IN SAID ACCOUNT.
WHEREAS, the Town wishes to open an operating checking account at the FirstBank
of Vail; and
WHEREAS, the Bank requires a Resolution setting forth parties who are authorized
to sign checks drawing on funds in the account and who are authorized to deposit in
said account.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, as follows:
1. The following officers and employees of the Town are hereby authorized in
the name of the Town, to collect, discount, negotiate, endorse, and sign all checks,
drafts, notes, and other negotiable or nonnegotiable instruments payable to the
Town, or in which the Town has an interest, and to draw, sign, and deliver, in the
name of the Town, checks or drafts against the funds of the Town on deposit in said
Bank.
A. Kenneth H. Hughey or his successor.
B. Stephen H. Barwick or his successor.
C. Rondall V. Phillips or his successor.
2. For the purpose of deposit in the account of the Town with the Bank, any
Town officer or employee of the Finance Department may endorse, sign, or deliver on
behalf of the Town, any checks, orders, or other evidence of indebtedness for the
payment of monies payable to the order of the Town.
3. The authority of the aforesaid employees and officers to perform each and
all the powers conferred by the foregoing Resolution shall continue until notice in
writing, terminating such authority, shall be served upon said Bank and shall be
noted upon the certified copy of such Resolution as delivered to said Bank.
4. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROUED AND ADOPTED this 7th day of August 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
RESOLUTION N0. 19
Series of 1990
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO
RENT A SAFE DEPOSIT VAULT AT THE FIRST BANK OF
VAIL AND AUTHORIZING CERTAIN OFFICERS TO SIGN
A LEASE THEREFOR, TO TERMINATE THE LEASE, TO
SURRENDER THE BOX, RETURN THE KEYS, AND
RELEASE THE BANK FROM ANY LIABILITY IN
_ CONNECTION THEREWITH.
WHEREAS, the Town has the power to rent safe deposit boxes in
financial institutions; and
WHEREAS, the Town wishes to rent a safe deposit box at the
First Bank of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, as follow:
1. Ron Phillips, or his successor as Town Manager, and Steve
Barwick, or his successor as Administrative Services Director, are
hereby authorized to rent a safe deposit box in the First Bank of
Vail safe deposit vault and to sign on behalf of the Town a lease
therefor, to terminate the lease, to surrender the box, return the
keys, and release the bank from any liability in connection
therewith. Included in this authorization is access to such box
and control of the contents thereof by the above named officers.
2. At least one of the authorized officers set forth above
shall be present whenever access is had to the box and shall sign
whatever application for access may be required by the bank as a
prerequisite to granting access to said box.
3. This authorization shall remain in effect until and unless
the bank if notified otherwise by the Town.
INTRODUCED, READ, APPROVED AND ADOPTED this day of
1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
ORDINANCE NO. 25
Series of 1990
AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 23,
THE VAIL NATIONAL BANK BUILDING, AND SETTING
FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes
Special Development Districts within the Town in order to
encourage flexibility in the development of land; and
WHEREAS, an application has been made to amend Special
Development District No. 23, commonly referred to as The Vail
National Bank Building; and
WHEREAS, in accordance with section 18.66.140 the Planning
and Environmental Commission held a public hearing on the
proposed amendments and has submitted a recommendation to approve
said amendments to the Town Council; and
WHEREAS, the Town Council finds that the Vail National
Banks request to provide limited (s spaces) off-site parking in
the adjacent Vail Valley Medical Centers parking structure is a
unique and practical solution, which is consistent with the
public interest; and
WHEREAS, this solution is a direct result of the
comprehensive master planning process for the following, adjacent
properties:
-Vail National Bank Building property
-Vail Valley Medical Center property
-Doubletree Hotel property
Through a joint effort to master plan access, parking, an8 other
site development, a consolidated parking structure and vehicular
access off of South Frontage Road has been created, thereby
reducing vehicular traffic on West Meadow Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.
The Town Council finds that the procedures for a zoning amendment
as set forth in Chapter 18.66 of the Municipal Code of the Town
of Vail have been fully satisfied, and all other requirements of
the Municipal Code of the Town relating to zoning amendments have
been fully satisfied.
Section 2.
The Town Council finds that the procedures set forth for
amendments to Special Development Districts in Chapter 18.40 of
the Municipal Code of the Town of Vail have been fully satisfied.
Section 3.
Section 4 of Ordinance No. 9, Series of 1989 is hereby amended
with the addition of subparagraph 3 to read as follows:
The development plan is comprised of those plans submitted
by Sidney Schultz-Architect AIA, and consists of the
following documents:
3. Architectural Plans designated as Sheets Al and A2,
dated December 26, 1989.
Section 4.
Section 5, Paragraph E. of Ordinance No. 9, Series of 1989 is
hereby amended to read as follows:
E. Parking
Parking demands of this development shall be met in
accordance with the off-street parking requirements for
specified uses as stated in Section 18.52 of the Vail
Municipal Code. Six parking spaces required by this
development shall be provided in the adjacent Vail
Valley Medical Center parking structure.
Section 5.
Section 6 of Ordinance No. 9, Series of 1989 is hereby amended by
the addition of subparagraphs 5-6 to read as follows:
5. The Vail National Bank Building shall not occupy the
expanded premises as shown on architectural plans A-1
and A-2 unless Vail Valley Medical Center hai received
a Temporary Certificate of Occupancy for the parking
structure.
6. The Vail National Bank Building agrees that if for some
unforseen reason the Vail Valley Medical Center's
parking structure is not completed, the newly
constructed deck enclosure shall only be allowed to be
used for common storage.
Section 6.
If any part, section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid,•sch
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 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.
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Section 8.
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, any duty imposed, any
violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
such inconsistency. This repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part
thereof, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS era day of
July 1990, and a public hearing shall be held on this
Ordinance on the 3rd day of Juiv 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 July , 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
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3~~~.', JaY K F~~~,RSON
to ava~YA~I'L1W TELEPHONE
SUITE 807 VAIL NATIONAL BANK BUtLOING ~308t 476.0092 ,
108 SOUTH FRONTAGE ROAD WEST
FAX LINE
' JAY K PETERSON VAIIw COLORAD0816S7 18031 479.0467
MEMORANDUM
TO: KRISTAN PRITZ, TOWN OF VAIL PLANNING DEPARTMENT
FROM: JAY K. PETERSON
DATE: AUGUST 2, 1990
RE: MARRIOTT MARK HOTEL
Dear Kristan:
Pursuant to our telephone conversation of today's date I am hereby
requesting that the Ordinance modifying SDD#7 which is scheduled for
August 7, 1990 before the Vail Town Council be tabled to September 4,
1990. The reason for this tabling request is to be able to go through
the process to modify the underline zone districts pursuant to our
current application.
If you have any questions please contact me at my office.
ORDINANCE NO. 22 _
SERIES OF 1990
AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 7
COMMONLY REFERRED TO AS THE MARRIOTT MARK RESORT
AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40
OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS
IN REGARD THERETO
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes
Special Development Districts within the Town; and
WHEREAS, Special Development District No. 7 for development of
Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing was
originally approved by Ordinance No. 3, Series of 1977, and
subsequently amended by Ordinance No. 25, Series of 1981 and Ordinance
No. 6, Series of 1982; and
WHEREAS, the Applicant and Owner (M-K Corporation and Marriott
Corporation) desire to make amendments to Special Development District
No. 7; and
WHEREAS, the Amendment to Special Development District No. 7 will
insure unified and coordinated development within the Town of Vail in
a manner suitable for the area in which it is situated; and
WHEREAS, the Planning Commission has recommended approval of the
modification to Special Development District No. 7; and
WHEREAS, the Town Council considers that it is reasonable,
appropriate and beneficial to the Town and its citizens, inhabitants
and visitors to amend Special Development District No. 7.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Amendment procedures fulfilled, Plannina Commission
retort.
The approval procedures prescribed in Chapter 18.40 of the
Vail Municipal Code have been fulfilled, and the Town Council has
received the report of the Planning and Environmental Commission
recommending approval of the proposed development plan for Special
Development District No. 7.
SECTION 2. Amendment to Prior Ordinances.
Amendment Ordinance No. 3, Series of 1977, Ordinance No. 25, Series of
1981 and Ordinance No. 6, Series of 1982 are hereby amended by the
addition of Part II to read as follows:
A. Special Development District No. 7. Part II of Special
Development District No. 7 ("SDD7") and The Development Plan as herein
after defined and set forth is hereby approved for the continuing
development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third
Filing located within the Town of Vail consisting of 5.17 acres
(225,205 square feet).
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B. Purtiose. Part II of SDD7 is hereby established to ensure
comprehensive development in the use of an area that will be
harmonious with the general character of the Z'own of Viil and the
existing SDD7 and to promote the upgrading andl redevelopment of a key
property in the Town of Vail. The amendment t:o SDD7 ii regarded as
complimentary to the Town by the Town Council and meets all design
standards as set forth in Section 18.40 of the: Municipal Code. There
are significant aspects of the Amendment to S~~ecial Development
District No. 7 which cannot be satisfied throuigh the•iiposition of the
standards in the existing SDD7 or under existing zoning. The
amendment to SDD7 is compatible with the upgrading and redevelopment
of the community while maintaining its unique character.
C. Definitions.
1. Time-Share Estate shall be defined as set forth in
Section 18.04.420 of the Town Municipal Code.
2. Emnlovee Housina Unit shall be defined as follows: A
dwelling unit as shown on the Fedevelopment Plans,
marked as Employee Housing Unit:.
D. Development Plan.
1. A development plan for Part II of SDD7 is approved and
shall constitute the plan for t:he redevilopment of a
portion of SDD7. The redeveloi~ment plan is comprised
of those plans submitted by Arnold, Gwathmey & Pratt
Architects and Dennis Anderson Associates, Inc. as
set forth below:
a. Landscape Plan by Dennis ~~nderson Associates, Inc.
dated June 4, 1990.
b. Site Plan, Floor Plans anti Parking Plans by
Arnold, Gwathmey & Pratt ~~,rchitects dated May 14,
1990.
c. Elevations and Sections bpi Arnold, Gwathmey &
Pratt Architects dated Ma~~ 14, 1990.
d. Environmental Impact Report by Peter Jamar
Associates, Inc. dated May 10, 1990.
The plans listed in 1 through 4 abo~~e shall for the purposes
of this Ordinance be referred to as "The Development Plan".
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2. The development plan shall adhere to the following:
a. Setbacks. Setbacks shall be as noted on the Site
Plan listed above.
b. Height. Heights of structure shall be as
indicated on the elevations listed above but shall
not exceed 48 feet measure vertically from
existing or finished grade at any given
point to the top of the flat roof, mansard roof,
or to the highest ridge line of a sloping roof.
c. Site Coverage. Site coverage shall be as
indicated on the site plan listed above.
d. Landscanina. The area of the site to be
landscaped shall be as indicated on the landscape
plan listed above. A detailed landscape plan
shall be submitted to the Design Review Board
for their approval.
e. Parkina and Loadina. Parking and Loading shall be
provided as indicated on the site plan and floor
plans as listed above. In no case shall the
parking provided on the total site as covered by
SDD7 be less than 400 spaces.
E. Density. The existing development and conditions for SDD7
shall be as defined under Ordinance No. 3, Series of 1977 and under
Ordinance No. 26, Series of 1981 and under Ordinance No. 6, Series of
1982. The approval of this Part II of SDD7 shall permit an additional
56 dwelling units which shall be used as time-share estates and 10
dwelling units which shall be used as employee housing units. The 56
dwelling units used for time-share estates shall not exceed 1050
square feet of gross residential floor area per unit for a total of
58,800 square feet of GRFA. The 10 dwelling units used as employee
housing shall have a gross residential floor area per unit of
approximately 400 square feet, and shall have a maximum total of 4000
square feet of GRFA.
F. Permitted. Accessory and Conditional Uses. Time-share
Estates and Employee Housing Units shall be the only permitted uses
for the 66 dwelling units as set forth in The Development Plans.
Accessory and Conditional Uses shall be as set forth in the High
Density, Multiple Family Zone District. Any additional requests for
time-share units shall require a major amendment to SDD7.
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G. Restrictions on Emnlovee Housing Unitas.
1. No Employee Housing Unit shall be sold, transferred or
conveyed unless such sale, transfer or conveyance is to
a non-profit Condominium Association formed to manage
the 56 time-share estates.
2. No Employee Housing Units shall. be leased or rented for
any period of less than thirty consecutive days and it
shall-be rented only to tenants; who are full-time
employees in the Upper Eagle V2:lley. The Upper Eagle
Valley shall be deemed to inclcide the Gore Valley,
Minturn, Red Cliff, Gilman, Eac~le, Vail, Avon and their
surrounding areas. A full time: employef is a person
who works an average of thirty hours per week.
3. An Employee Housing Unit shall not be divided into any
form of time-share estate, interval ownership or
fractional fee.
4. The restrictions contained in this Section 23 shall be
placed in the Condominium Decls?ration f`r the benefit
of the Town of Vail and shall riot be changed without
the consent of the Town of Vail..
5. Each employee dwelling unit shall have a total gross
residential floor area of approximately 400 square
feet.
6. The owner/applicant shall submit to the Town Attorney
a covenant permanently limitinc~ the use of the ten
employee dwelling units to lonc~ term employee rentals
in perpetuity. Once the covenant is approved by the
Town Attorney, the agreement sriall be filed of record
in the office of the Eagle County Clerk and Recorder to
insure that the restrictions sriall run with the land.
The covenant shall be recorded prior to the issuance of
a building permit for The Development Plan. The
covenant shall include the conciitions as set forth in
Section 2, Paragraphs G 1-5 above.
H. Amendments. Amendments to the approved develipment plan
shall follow the procedures outlined in Section 18.40.100 of the Vail
Municipal Code.
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I. Conditions of Annroval for SDD7.
1. A detailed drainage plan and other design issues
relevant to public works shall be submitted and
approved by the Town of Vail prior to the issuance of a
building permit. Pollution control devises shall be
incorporated into the parking garage per the submitted
environmental impact report. Gore Creek shall be
protected from any construction impacts by the use of
an erosion control plan.
2. Working in coordination with the Town Staff, the
applicant shall fund and conduct a comprehensive
traffic study of the West Lionshead Circle area
suitable for determining the applicant's contribution
to the cost of constructing any necessary turn lanes on
the South Frontage Road to West Lionshead Circle.
Preliminary design and cost estimates for the turn
lanes shall be provided by the applicant. At a minimum
the applicant shall be responsible for contributing an
amount of money to cover the applicant's share of the
cost of the road improvements so determined by the
comprehensive traffic study for West Lionshead Circle.
3. A preliminary design and funding strategy for
constructing any turn lanes shall be established prior
to the issuance of any building permit and the turn
lanes shall be completed prior to the issuance of a
temporary certificate of occupancy for the development
plan unless otherwise deferred by the Town of Vail
Community Development Department and Public Works. The
funding and construction plan must be approved by the
Town of Vail engineer, Community Development
Department, Town Council and Colorado Division of
Highways before the building permit is released for the
expansion.
The Applicant shall be required to submit a Colorado
Department of Highways Access Permit Application on
behalf of the Town for the West Lionshead Circle/South
Frontage Road Improvement. A signed Colorado
Department of Highway permit must be obtained by the
applicant before a building permit is released unless
such permit is not necessary as confirmed by the Town
of Vail Community Development
Department and Public Works.
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4. All aspects related to the time'-share estates of this
facility shall comply with all applicable Town
Ordinances that regulate time-;hare activity. Time-
share estates are only approved for the~56 time-share
units. The 10 employee dwelling units shall not be
allowed to convert to time-share estates. Time-share
units that are not sold for cez•tain weeks shall be made
available to the public as shoY•t term rentals.
5. Detailed landscaping similar tc? the Westin Hotel
landscaping along the recreation path proposed on Town
of Vail property shall be submitted by the applicant to
the Town of Vail Landscape Architect and Engineer for
approval before such proposal i.s submitted to the
Design Review Board. All land~~caping proposed on Town
of Vail land shall be maintained by the applicant.
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6. The applicant agrees to regrade:, revegetate and repair
the drainage on the bank adjacent to the bike path
along the southern property line of the1~,Marriott Mark
Hotel by August 1, 1990. A letter of credit in the
amount of $ shall be submitted to the
Town of Vail before second reading of this Ordinance.
The landscape and drainage work: shall be submitted to
the Town Engineer, Landscape Architect and Community
Development Department for approval before the proposal
is presented to Design Review E,oard. ~
7. A temporary certificate of occupancy shall not be
released for The Development Plan until all site
improvements have been completed such as sidewalks,
landscaping and drainage as set. forth on the
development plans. If the weather prohibits the
completion of any improvement, the applicant shall be
required to provide a letter of credit to cover 125% of
the construction costs for these improvements. The
construction estimate shall be reviewed and approved by
the Town Engineer and Landscape Architect. The
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agreement stipulating how and when the improvements
will be completed and the dollar amount !and form of
letter of credit shall be submitted by the applicant to
the Town Attorney for approval before a temporary
certificate of occupancy may be released for the
development plan.
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~ 8. Before a temporary certificate of occupancy is released
the applicant shall plat and record a public easement
to ensure public access through SDD7 on the proposed
sidewalk improvement on The Development Plan. The
applicant shall submit the proposed easement agreement
to the Town Attorney and Town Council for approval
prior to recording.
9. The applicant shall not market Time-Share Estates on
the streets, public ways or public places within the
Town of Vail.
10. No amplification of sound on the greenspace created by
the removal of the two tennis courts shall be allowed
for conventions or other special events.
11. Significant landscaping including evergreens, deciduous
trees, and shrubs shall be provided on the landscape
terraces over the parking area. If additional
structural support must be added to the terraces to
support significant landscaping (as described in the
previous sentence), the applicant/owner shall be
required to strengthen the structure of the terrace to
allow for the landscaping.
12. Additional landscaping shall be provided along the west
elevation of the parking structure. A mix of
deciduous, evergreens, and shrubs shall be provided of
a size adequate to screen the structure as much as
possible. The applicant is directed to work with Vail
Associates on the landscaping buffer.
13. All loading areas shall have additional landscaping and
screen fencing.
14. The amendments to Special Development District No. 7
are approved conditional upon Planning and
Environmental Commission and Town Council giving
approval to the underlying zone district request.
15. The ballast on the existing building shall be changed
to match the color of the metal roof of the proposed
addition.
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16. The applicant shall repaint the: existing Marriott Mark
in a manner that is compatible with the new development
plan. The applicant shall alsc? modify the existing
balcony railings on the Marriott Mark. These two
improvements to the existing Marriott Mark shall be
incorporated into the Design Review Board and building
permit submittals for the Development Plan. A
temporary Certificate of Occupancy shall not be
released for the Development P].an until the repainting
and balcony railing work is completed. If the weather
prohibits the completion of an~? of the above
improvements, the applicant shall be required to
provide a letter of credit to cover 125 of the
construction costs for these improvements. The
agreement stipulating how and ~ihen the improvements
will be completed and the doll~~r amount and form of
letter of credit shall be submitted by the applicant to
the Town Attorney for approval before a temporary
certificate of occupancy may bE: released for the
development plan.
J. Limitation on Fireplaces. Wood burn~.ng fireplaces shall not
be permitted in any dwelling unit, whether a time-shari estate or an
employee housing unit nor in any public areas„ Any gas fireplaces
shall meet the criteria set forth in Town of ~~ail Ordiiance No. 24,
Series of 1983 and Ordinance No. 28, Series o]. 1987, as amended from
time to time.
K. Recreational Amenities Tax. The recreational amenities tax
due for the development within SDD7 shall be ~issessed at a rate of
$1.00 per square foot of floor area and shall be paid prior to the
issuance of a building permit.
SECTION 3. Sections Declared Invalid.
If any part, section, subsection, sentence, clause or phase of this
ordinance is for any reason held to be invalid, such dicision shall
not affect the validity of the remaining port:~ons 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 a~iy one or more parts,
sections, subsections, sentences, clauses or j~hrases be declared
invalid.
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SECTION 4. Conflict with Ordinance No. 3. Series of 1977.
Ordinance No. ?5, Series of 1981 and Ordinance No. 6. Series of 1982.
If any part, section, subsection, sentence, clause or phrase of Part
II conflicts with any part, section, subsection, sentence,
clause or phrase of Part I of SDD No. 7, the language
contained in this Ordinance shall control.
SECTION 5. Health. Safety and Welfare. The Town Council hereby
finds, determines and declares that this ordinance is necessary and
proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
SECTION 6. Rex~eal and Re-Enactment. The repeal or the repeal
and re-enactment of any provision of the Vail Municipal Code as
provided in this Ordinance shall not affect any right which as
accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision
repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF
1990 at p.m. in the Council Chambers of the
Vail Municipal Building in 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
9
TO: Town Council
FROM: Community Development Department
DATE: August 7, 1990
RE: A request to amend Sections 18.04 and 18.28 of the Vail
Municipal Code by adding a brew pub definition, making
a brew pub a use by right in the Commercial Service
Center zone district with defined operating
characteristics, making a brew pub with sales for off-
site consumption a conditional use, and making a brew
pub as a wholesale outlet a conditional use.
Applicant: Dean Liotta
I. BACKGROUND
The applicant would like to open a brew pub in the former
Burger King location in Crossroads. In order to do this, he
is proposing to amend the Zoning Code to allow brew pubs as
a use by right in the Commercial Service Center Zone
District. The attached PEC memo describes the applicant's
request in detail, evaluates it in light of the criteria,
and provides an overview of the research that staff has done
on brew pubs.
II. PEC ANALYSIS
During the PEC review of the proposed ordinance change, the
Commission made three amendments to the staff memo. The
Commission stated that a brew pub would be a compatible use
in this zone even if it had a larger production capacity
than the 1000 barrels/year cap the staff proposed. The
Commission recommended that the cap be increased to 1500
barrels/year.
A second amendment to the staff recommendation was to delete
any regulation pertaining to odor. Staff described two
options and recommended limiting the hours of brewing so
that the surrounding businesses would not be affected. The
Commission believed that the odor was not likely to be a
severe problem and that using an "hours of operation"
approach would not protect all the users of Crossroads
anyway. After deciding to delete the proposed language, the
commission did state that they wanted the Town to be able to
regulate odors if, once the brew pub was up and running, the
odor was a problem. After discussions with the Town
Attorney, staff has determined that in the future, the Town
can initiate an odor control ordinance that will be
retroactive, if it is needed.
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The third and final amendment to the staff memo was to
separate the two kinds of conditional uses. Staff proposed
that both wholesales and sales for off-site consumption
could be considered together as one conditional use. The
PEC thought that there should be two conditional use reviews
with a specific analysis of each kind of sale and the
related impacts.
III. PEC RECOMMENDATION
With the changes described above, the PEC' unanimously
recommended approval, by a vote of 7-0, oaf the proposed
ordinance. The Commission believed that the proposed change
met the criteria as staff had analyzed it..
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TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 23, 1990
SUBJECT: A request to amend the Vail Municipal Code, Section
18.04 to add a definition for "brew pub" and a request
to amend the Commercial Service Center zone district,
Section 18.28, to allow a brew pub as a permitted use.
Applicant: Dean Liotta
I. DESCRIPTION OF THE REQUEST
The applicant is proposing to change the zoning code to allow
a brew pub as a use by right in the Commercial Service Center
(CSC) zone district. This zone district applies only to the
Crossroads shopping center and condominiums. The request, at
this time, is to:
define the brew pub use in the definition section
of the code; and
list the use as a permitted use in the CSC section
of the code;
list the use, with limited off site sales, as a
conditional use in the CSC section of the code; and
include a paragraph, also in the CSC section,
regarding operating characteristics.
.The definition and paragraph on operating characteristics are
attached as Exhibit A at the end of this memo. Note that a
Planning and Environmental Commission (PEC) review will not
be required for this permitted use.
II. BACKGROUND RESEARCH
Staff researched the operating characteristics that
distinguish a brew pub from a restaurant or from a micro
brewery, including delivery schedules, odors, size,
production quantity, and marketing and distribution of the
beer making operation. A table is provided in Exhibit B of
the different communities surveyed. Descriptions of the
operating characteristics are listed below.
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The deliveries required for a brew pub inc;lude typical
restaurant trips (daily for the food used in the restaurant,
weekly for the liquor used in the bar). 7'he delivery trips
of raw materials to the brewery would be weekly, at most.
The delivery schedule for the Breckenridge brew pub, which is
similar to other brew pubs staff researchead, is monthly for
grain and every three months for hops.
Another aspect of the brew pub is the odo2- emitted during
brewing. The applicant has stated that odors will occur
during the brewing period which will range' from 75 to 100
minutes, three to five times a week. The odor emitted is not
pungent or sharp. It can be smelled up to 15 - 20 feet away
from the use and has been described as being similir to
baking bread.
The size of the brewery function ranges from a quater to a
third of the total floor area in the brew pubs staff
researched. A majority of the floor area is used for
restaurant seating, the kitchen, or the be?r. With the Town
of Vail's proposed "brew pub" ordinance, the maximum area
allowed for the brewery is twenty-five percent of the floor
area.
The amount of beer produced in a brew pub differs
dramatically from micro-breweries. Typicz~lly, micro
breweries produce about 10,000 barrels pei~ year. A micro
brewery, as defined in the Vail Municipal Code can produce up
to 7,000 barrels per year. The brew pub, as proposed in this
ordinance change, will have a cap of 1,0001 barrels per year.
The applicant is actually proposing to mal+:e 750 bairels per
year, which is less than the cap.
Another major difference between a brew pt;ib and a icro-
brewery is the marketing and distribution of the product.
Normally, micro-breweries distribute regionally and cover
several states. Because a brew pub produces so much less
beer than a micro brewery, the distribution typically is
limited to local bars and restaurants. Iri addition to beer
sold on tap in other bars, staff considers. beer sold at the
front counter of .the restaurant for off site consumption as
"off site" sales. With the proposed defir.~ition, the combined
off site sales will be limited to 15 percent of the total
product produced each year.
.I
2
III. EVALUATION OF THIS REQUEST
A. Suitabi,.7..i.ty of existing zoning.
The purpose of Commercial Service District as defined in
the Town's zoning code states:
Section 18.28.010
"The Commercial Service Center zone district is
intended to provide sites for general shopping and
commercial facilities serving the Town, together
with limited multiple-family dwelling and lodge
uses as may be appropriate without interfering with
the basic commercial functions of the district.
The Commercial Service Center zone district is
intended to ensure adequate light, air, open space,
and other amenities appropriate to permitted types
of buildings and uses and to maintain a convenient
shopping center environment for permitted
commercial uses."
Staff believes that the commercial facilities intended
for this district should include uses such as the brew
pub. Other similar permitted uses in the CSC zone
district include restaurants; bakeries and
confectioneries including preparation of products for
sale on the premises; delicatessens with food service;
taverns; and liquor stores. As stated above, staff
views the brew pub as primarily a restaurant that has a
special feature, the brewing operation. Given this
opinion, the Commercial Service Center zoning is
suitable for a brew pub.
B. Is the amendment Dronosal tiresentina a convenient,
workable relationship among land uses consistent with
municitial objectives?
Generally, restaurants in this district can be
compatible with the other uses in the zone district.
There are some characteristics about a brew pub, unlike
a restaurant, which must be regulated in order to ensure
compatibility with the surrounding uses. Staff was
concerned with regulating four features of a brew pub:
the production volume, the size, the distribution, and
the odor.
Brewing Capacity
Concerning volume, staff believes that it is
appropriate to put a cap on brew pubs, •limiting the
volume of the beer produced to 1,000 barrels per
year. This is consistent with the productions of
3
brew pubs across the nation and dill ensure that
the use maintains an appropriate size for this zone
district and maintains an accessory status to the
restaurant operation.
Limit To Brewincl Operation
The second point in the definition limits the
brewing function to 25 percent o!' the floor area of
the total operation. This is imp>ortant to the
planning staff because it ensuresc that the
restaurant function is the primaY-y use.
Restaurants, we believe, are appropriate in this
zone as are brew pubs, but only if the brewing
operation is an accessory use to restaurants.
Off Site Sales
A third issue is off-site sales. Staff believes
that it .would be~beneficial to allow the beer
brewed in the brew pub to be sold on tap in other
local restaurants. In addition, customers may want
to purchase the beer at the reistz~urant cashier
counter and take it home with therm. Staff believes
that these two kinds of off-site sales for off-site
consumption are reasonable. ~
There are two impacts associated with the, off site
sales which need to be addressed. The first is
production volume. Limiting the off-site sales to
15 percent of the annual production will allow this
kind of distribution, but-will pY-event a wide
distribution system with a large consumer demand
which would make the brew pub less of a restaurant
and more of a micro-brewery. The: second impact is
the loading and delivery requirements for~even a
small distribution system. Crosscroads is different
from other brew pub locations that staff researched
in that it has two large multi-to:pant buildings.
Because of the existing parking, loading,~and
delivery congestion, staff believes that any new,
frequent loading and delivery patterns must be able
to be accommodated without worsening the existing
congestion.
Staff is proposing to allow off site sales as
conditional use. This will enable the Town to map
out and analyze the delivery of t:he outgoing
product. If the delivery system cannot comply with
the Town of Vail standards in Section 18.52.130,
staff will not rec...,....end approva]. of the request to
the PEC. ~
4
I
i*3
. 9
Deliveries of raw materials
Staff understands that the deliveries of raw
materials are similar to an average restaurant and
need no special regulation.
Odor
Odor is an impact that is not likely to be
perceived as a problem. However, staff believed
that it needed to be addressed in the zoning code
to make the use compatible with surrounding
tenants. Of all the people that staff checked
with, no one had complaints about the odor. The
brew masters and restaurant people all said that it
was a pleasant smell (not surprisingly). Planners
in various communities said that it was not a
problem and that no one had complained to them.
Though generally not a problem, we do want to
ensure that ,this factor does not negatively impact
abutting tenant spaces. Vail's brew pub will be
unique from others staff looked at in that it is a
tenant space in a larger building and not in its
own free standing building.
For this reason, Staff recommends adding a
stipulation in the CSC section of the code that the
brewing occur before or after business hours.
Staff understands that the odor occurs only during
the brewing, which takes approximately 100 minutes.
The applicant proposes to brew three to five times
a week. Though the smell may be attractive to
people walking by or those in the pub, staff is
concerned that adjacent tenants may grow weary of a
frequent brewing odor. By limiting the hours of
brewing to before or after regular business hours,
the adjacent tenants should be protected.
Other methods of mitigation include installing a
powerful ventilation system and piping the air into
the sanitary sewer or installing air scours in the
vents to purify the air before releasing it
outside. From discussions with staff from Upper
Eagle Valley Water and Sewer District, it appears
that venting the odor into the sewer would be
feasible. However, staff believes that the expense
involved with either of these options is not
warranted given the relative mildness of the smell.
Also, the effectiveness of any ventilating system
is not guaranteed to direct the smell to the
correct location. In staff's opinion,, regulating
the hours of brewing appears to be the most
effective way to make the pub compatible with other
Crossroads tenants.
5
j
In summary, the brew pub, as it will be defined in the
zoning code will have a convenient, workable,~compatible
relationship with the other land user in the ,Commercial
Service Center district. '
C. goes the amendment orotiosal urovide ~Eor the Growth of an
orderlv`and viable community?
Staff believes that adding a brew pub use to the
Commercial Service District will be yin asset to the
community. Planners from other communities said that
the brew pubs were unique, attractivE:, highly frequented
restaurants. Therefore, the Vail Town staff believes
that it will be a use that is.enjoyeci by residents and
guests and will make the community more viabli.
The proposed code changes are consisi:ent with goals in
the Land Use Plan. Goal 3.5 calls for additional night
time business in the Village and Liot~shead areas. Goal
4.1 generally applies to this propos~il as it calls for
further commercial development to occ;ur in existing
commercial areas.
IV. STAFF RECOMMENDATION
The Community Development Department recommends approval of
- the applicant's request to modify the Town zoning code to
allow a brew pub as a permitted use in the: CSC zone district.
We believe that the brew pub, as defined in Exhibit A, is an
" .appropriate use. It should be operated under a by~right
status without conditional use review, since the impacts have
been studied and are minimal or have been addressed in the
proposed revisions t.o the zoning code. Adding this use to
the Town's code will allow a unique operation in the Town of
Vail and will make the Commercial Service District more
viable.
6
I
• - ~ EBHIBIT A
BREW PUB DEFINITION
To Become Section 18.04.035:
A brew pub means an eating place which includes the brewing of
beer as an accessory use. The brewing operation processes water,
malt, hops and yeast into beer or ale by mashing, cooking and
fermenting. The area used for brewing, including bottling and
kegging, shall not exceed 25 percent of the total floor area of
the commercial space. The brewery shall not produce more than
1,000 barrels per year. A barrel is equivalent to 31 gallons.
ADDITIONAL REGULATIONS FOR BREW PUBS
TO BE LOCATED IN THE
COMMERCIAL SERVICE CENTER SECTION
OF THE ZONING CODE
To Become Section 18.28.030, Permitted Uses, (G):
The brew pub operation shall be conducted under the following
parameters:
1-- There shall be no exterior storage of any supplies,
refuse, or materials;
2-- The operator shall comply with the Town of Vail's
loading and delivery regulations as specified in Section
18.52.130, Town of Vail, Municipal Code.
3-- The operator shall not brew beer during normal business
hours-- specifically, not between the hours of 10 AM to
8 PM, seven days a week.
To Become Section 18.28.040, Conditional Uses, (L):
A Brew pub having off-site sales or sales for off-site
consumption not to exceed 15$ of the product.
7
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ORDINANCE NO. 27 '
Series of 1990
( AN ORDINANCE AMENDING CHAPTER 18.04 OF THE VAIL MUNICIPAL
CODE BY THE ADDITION OF SECTION 18.04.035 BREWPUB; AND AMENDING
SECTION 18.28.030 OF THE MUNICIPAL CODE TO ADD BREWPUB AS A
PERMITTED USE IN THE COMMERCIAL SERVICE CENTER ZONE DISTRICT;
AMENDING CHAPTER 18.28.040 OF THE VAIL MUNICIPAL CODE BY THE
ADDITION OF BREWPUBS THAT SELL BEER WHOLESALE AND BREWPUBS WHICH SELL
FIFTEEN PERCENT OF THE MANUFACTURED BEER OR ALE FOR OFF-SITE
CONSUMPTION AS CONDITIONAL USES TO THE COMMERCIAL SERVICE CENTER
ZONE DISTRICT; AMENDING CHAPTER 18.28 OF THE VAIL MUNICIPAL CODE TO
PROVIDE CERTAIN RESTRICTIONS IN THE OPERATION OF A BREWPUB; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission has
recommended to the Town Council that they add Brewpub as a permitted use in
the Commercial Service Center zone district; and
WHEREAS, the Planning and Environmental Commission has
recommended that a Brewpub which sells beer and ale wholesale or sells beer
or ale for consumption off the premises should be a conditional use in the
Commercial Service Center District.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. Chapter 18.04 of the Municipal Code of the Town of Vail is
hereby amended by the addition of Section 18.04.035 to read as follows:
18.04.035 BREWPUB
A Brewpub means an eating place which includes the brewing
of beer as an accessory use. The brewing operation processes water, malt,
hops, and yeast into beer or ale by mashing, cooking, and fermenting. The
area used for brewing, including bottling and kegging, shall not exceed
twenty-five percent (25$) of the total floor area of the commercial space.
The brewery shall not produce more than one thousand five hundred (1,500)
barrels of beer or ale per year. A barrel is equivalent to thirty-one (31)
gallons.
2. Section 18.28.030 Permitted Uses of the Municipal Code of
the Town of Vail is hereby amended by the addition of Paragraph G to read
as follows:
18.28.030 PERMITTED USES
G. Brewpubs as defined in Section 18.04.035 of the Vail
Municipal Code, so long as the following conditions are complied with:
a) There is no exterior storage of supplies, refuse, or
materials on the property upon which the Brewpub is
operated; and
1
b) So long as the operator of the Brewpub complies with
the Town of Vail's loading and delivery regulations as
I
set forth in Section 10.52.130 of the Town of Vail
i
I
Municipal Code; and
c) No sale of beer or ale at wholesale and no sales for
off site consumption.
3. Section 18.28.040 Conditional Uses oaf the Vail Municipal
Code is hereby amended by the addition of Paragraph. L and M as follows:
18.28.040 CONDITIONAL USES
L. Brewpubs which sell beer or ale: at wholesale so long as
wholesale sales or sales for off-site consumption d.o not exceed a total of
fifteen percent (15~) of the product manufactured ~~y the Brewpub on an
annual basis.
M. Brewpubs which sell beer or ale: for off-site
consumption so long as wholesale sales or sales fox' off-site consumption do
not exceed a total of fifteen percent (15$) of the product manufactured by
the Brewpub on an annual basis.
4. If any part, section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this Ordinance; and
the Town Council hereby declares it would have pas~ced this Ordinance, and
each part, section, subsection, sentence, clause ox~ phrase thereof,
regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines and declares that
this Ordinance is necessary and proper for the hea]_th, safety and welfare
of the Town of Vail and the inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of
the Municipal Code of the Town of Vail as provided in this Ordinance shall
not affect any right which has accrued, any duty.irtposed, any violation
that occurred prior to the effective date hereof, piny prosecution
commenced, nor any other action or proceedings as commenced under or by
virtue of the provision repealed or repealed and rEaenacted. The repeal of
any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
2
7. All bylaws, orders, resolutions, and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such
inconsistency. This repealer shall not be construed to revise any bylaw,
order, resolution, or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of
1990, and a public hearing shall be held on this Ordinance on
the day of 1990, at 7:30 p.m. in the Council.
Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this day of ,
1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
3
` TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 23, 1990
RE: Proposed Addition to the Bell Tower Building at 201
Gore Creek Drive, Part of Tract A, Block 5B, Vail
Village 1st Filing.
Applicant: Hermann Staufer/Lancelot Restaurant
On February 26, 1990, the PEC reviewed a proposal for the Bell
Tower Building which included a ground level. retail expansion
along Gore Creek Promenade and additions to existing residential
development on the upper floors. A landscape variance, height
variance, exterior alteration, and conditional use permit were
requested. The item was tabled by the applicant and a new
proposal was submitted.
The current proposal to the Bell Tower building involves a ground
level restaurant expansion along the Gore Creek Promenade. The
nature of the proposal requires the review of two separate
requests. These requests include an exterior alteration which is
required in the Commercial Core I zone district in order to add
enclosed floor area to an existing structure and a variance
request to reduce landscaping on the site. No site coverage
variance is needed for this application because the existing
outdoor deck is counted as site coverage in CCI. Therefore, the
covering of the area with a building will not increase the
nonconformance of the site in relationship to site coverage.
However, a variance to reduce the landscaping will be necessary
because the brick pavers that will be removed on the outdoor deck
and planter area are considered part of the landscaping.
` TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 23, 1990
RE: A request for an exterior alteration in order to
construct an addition to the Bell Tower Building
located at 201 Gore Creek Drive, Part of Tract A, Block
5B, Vail Village 1st Filing.
Applicant: Hermann Staufer/Lancelot Restaurant
DESCRIPTION OF PROPOSED REQUEST
Approval of an exterior alteration request is required for any
addition of enclosed floor area to structures in the Commercial
Core I zone district. The proposal includes a 272 square foot,
ground floor expansion of the Lancelot Restaurant adjacent to the
Gore Creek Promenade. The expansion includes moving the facade
8.5 feet towards Gore Creek Promenade and adding rekord doors and
a glass roof. The new enclosure is completely on private
property. The area is currently used as a dining patio. 165.5
sq. ft. of exterior deck will remain with 65.5 sq. ft. of the
deck on the applicant's property and 100 sq. ft. on Town of Vail
land. The depth of the outdoor deck will be 6 feet and will have
4 tables.
REVIEW CRITERIA FOR THIS REQUEST
The Vail Village IIrban Design Plan includes three elements that
establish the review criteria for this application. The first of
these is referred to as the Guide Plan which includes a number of
sub-area concepts, many of which identify potential areas for
future development and other improvements. Secondly, the Urban
Design Considerations express the large scale, land use planning
and design considerations desired in the Village. And finally,
architectural/landscape considerations, which will be reviewed by
the Design Review Board, establish the criteria for evaluating
detailed design considerations of a proposal.
The Vail Village Master Plan also addresses specific goals
pertaining to the enhancement of the walking experience
throughout the Village that must be considered in this
application.
In addition to the Guide Plan and the Vail Village Master Plan,
traditional zoning considerations are also a factor in this
proposal. Please refer to the accompanying memorandum that
addresses this zoning issue.
1
I
i
Proposed landscaping 504.5 or 83~ of ]zardscape~
104.5 or 17~ of planted material
609 sq. ft total or 10.2$ of site
II. CRITERIA AND FINDINGS
Upon review of Criteria and Findings, Section 18.62.060 of
the Vail Municipal Code, the Department o:E Community
Development recommends approval of the re~~uested variance
based upon the following factors:
I
A. Consideration of Factors: ~
1. The relationship of the reauest~ed variance to
other existina or potential users and structures in
the vicinity.
While architecturally a fine building, the Bell
Tower property is lacking in landscape features
per the Town of Vail Code. This situat~on is not
unique to the Bell Tower Building. The Wall
Street Building, the Gorsuch Building and the
A & D Building are other examples of properties
that do not have a great deal of on-site landscape
improvements. In many cases, t:he landscaping
which does occur is located on 'T'own owned land or
is in right-of-ways. It is the role ofithe review
boards to determine the relative importance of
each consideration involved in a given situation.
The staff feels that the request to remove 272 sq.
ft. of paver area is acceptable as the result will
be a deck infill similar to other projects such as
Blu's and Up the Creek which meet the Village
Urban Design Considerations. T:he request will not
have any negative affect on adjacent properties.
The removal of a portion of the planted area (9.5
sq. ft.) has been mitigated by the applicant's
proposal to add more landscaping including one
tree to the planter. Staff's opinion is that this
landscape proposal will have a positive impact on
the Gore Creek Promenade. ~
i
2. The dearee to which relief from the strict and
literal interpretation and enforcement of a
specified reaulation is necessary to achieve
compatibility and uniformity of treatment amonq
sites in the vicinity or to attain the objectives
of this title without arant of special ~rivileae.
i
Staff believes that the applicant has shown
sufficient cause to reduce the planted area by 9.5
2
sq. ft. and planter wall by 9.5 sq. ft. The CCI
landscape section specifically relies on the Urban
Design Considerations to provide a guide in
decision-making when reviewing any request to
remove landscaping in the Core. As stated in the
exterior alteration memo, the proposal complies
with the considerations. In addition, the
applicant is upgrading the planter by adding a
tree in the planter. Staff could have requested
that the applicant pull back the expansion by two
feet to the east in order to save the planted
area. However, our opinion is that no significant
landscape benefit or improved building design is
gained by this change.
3. The effect of the requested variance on light and
air. distribution of pot~ulation, transportation
and traffic facilities. public facilities and
utilities. and public safety.
The proposal would not affect any of the above
criteria.
III. RELATED POLICIES IN VAIL VILLAGE MASTER PLAN.
Goal # 3 of the Vail Village Master Plan states:
"To recognize as a top priority the enhancement of the
walking experience throughout the Village". Related
objectives and policies include:
3.1 Objective
Physically improve the existing pedestrian walkway
with landscaping and other improvements.
3.1.3 Policy
Flowers, trees, water features, and other
landscaping shall be encouraged throughout the
Town in locations adjacent to, or visible from,
public areas.
The proposal does conflict with 3.1 and 3.1.3 in that a
portion of the existing planter is removed. However, the
applicant has proposed to compensate for the removal of a
portion of the planter by adding a tree and more
landscaping.
3.3 Objective
Encourage a wide variety of activities, events,
and street life along pedestrian ways and plazas.
3.3.2 Policy
Outdoor dining is an important streetscape feature
and shall be encouraged in commercial infill or
redevelopment projects.
3
i
i
The proposal is enclosing a portion of an existing dining
deck. The northern exposure limits the year round use of
the patio. The installation of rekord doors on the north
elevation, will increase the livelihood and activity of this
deck by increasing the transparency of the: facade. A open
air dining deck also remains given the expansion.
IV. FINDINGS
The Planning and Environmental 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 ox- improvements in
the vicinity.
C. That the variance is warranted for orie or more of the
following reasons:
1. The strict literal interpretation or enforcement
of the specified regulation would result in
practical difficulty or unneces:>ary physical
hardship inconsistent with the objectives of this
title.
2. There are exceptions or extraordinary
circumstances or conditions app]Licable to the same
site of the variance that do noi: apply generally
to other properties in the same zone.
3. The strict interpretation or enforcement of the
specified regulation would depr'Lve the applicant
of privileges enjoyed by the owners of other
properties in the same district„
V . STAFF RECONIlKENDATION
The staff recommends approval of the requested landscape
variance. The applicant has shown sufficient cause forithe 19
sq. ft. reduction of planter and the removal o:E paved patio area
per the Urban Design Considerations. The code relies on the
Urban Design Considerations to be the criteria for analyzing a
request to remove landscaping. We feel that the project meets
the Urban Design Considerations and that the a~~plicant has
mitigated the loss of 9.5 sq. ft. of planted area by the addition
of a tree and landscaping (flowers, shrubs) to the planlter.
i
4
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 23, 1990
RE: A variance request to reduce landscaped area in order
to enclose a portion of a dining deck for the Lancelot
Restaurant at the Bell Tower Building at 201 Gore Creek
Drive, Part of Tract A, Block 5B, Vail Village 1st
Filing.
Applicant: Hermann Staufer/Lancelot Restaurant
I. LANDSCAPE REQUIREMENTS IN CCI ARE AS FOLLOWS
The applicant is requesting a variance to decrease the
landscaped area of the Bell Tower Building in Commercial
Core I. Currently 14.6$ of the site is considered to be
landscaping. The proposal would decrease this to 10.2$ by
eliminating 253 sq. ft. of existing paved patio area.
Approximately 19 sq. ft. of the existing planter to the west
of the dining deck will also be removed (9.5 sq. ft. of
stone wall and 9.5 sq. ft. of soil). 165.5 sq. ft. of the
exterior deck area will remain with 65.5 sq. ft. of the deck
on the applicant's property and 100 sq. ft. on Town of Vail
land.
The landscape definition states that a maximum of 20$ of the
total landscaped area for a site may be used for "core
development such as walks, decks, terraces, water features
and other like features. (Section 18.04.200)
Also, section 18.24.170, Landscaping and Site Development
for Commercial Core I states:
"No reduction in landscape area shall be permitted
without sufficient cause shown by the applicant or
as specified in the Vail Village Urban Design
Considerations."
Below is a summary of how the site relates to the limit on
hardscape that can be considered as landscaping and the reduction
in planted material:
Lot Size: 6,144.16 sq. ft.
Existing landscaping: 786 sq. ft. or 87~ hardscape
114 sa. ft. or 13~ planted area
900 sq. ft. total or 14.6 of site
1
i
THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN
There are no specific sub-area concepts relevant to this
proposal.
VAIL VILLAGE DESIGN CONSIDERATIONS
The following design considerations are a critical element of the
Urban Design Plan. They identify the key physical
characteristics of the Village and provide the tools to assure
that new development is consistent with this established
character. These considerations include the following:
A. Pedestrianization:
This proposal does not directly affect or change the
existing pedestrianization system in the Village in
that it does not increase the encroachment of the
building into the Gore Creek Promenade walkway. The
addition will encroach into the view from the top of
the Children's Fountain stairs down onto Gore Creek
Promenade.
B. Vehicle Penetration:
Vehicular penetration, or circulation, will remain
unchanged as a result of this propo~;al.
C. Streetscane Framework:
Streetscape framework identifies two alternatives for
improving the pedestrian experience in the Village.
These include the development of open space including
landscaping along pedestrian routes, and the
development of infill commercial storefronts along
pedestrian corridors. While the landscape improvements
can provide a softening of building:: and a colorful
framework, the commercial infill care provide activity
generators to give streetlife and visual interest to
the pedestrian. The proposed restaurant infill along
the Gore Creek Promenade could provide such an activity
generator. While the existing dining deck provides
such activity during the summer, it:~ north facing
.location (relative to sun exposure),, has resulted in
the limited use of the deck. This E:nclosure~would make
the dining area more useful year round, while
maintaining an open dining area during summer months
due to rekord doors being proposed along the entire
north elevation.
2
' The addition of glass rekord doors and a glass roof to
the facade, which are commonly used in the Village,
will add transparency to the front of the restaurant.
This feature adds to the livelihood of this area by
allowing for greater visibility into the interior of
the restaurant in the winter. In the summer, the doors
will allow the restaurant activity to extend out onto
the deck area. The success of the doors as a method of
adding visual interest and also creating successful
dining deck space can be seen throughout the Village
and Lionshead (ie. Blu's, Up the Creek, Vendetta's,
etc) .
In summary, staff finds this deck enclosure supportable
because it is a north facing deck, a useable outdoor
dining space will still remain after the enclosure, and
the rekord door design is incorporated in the remodel.
D. STREET ENCLOSURE
The purpose of this consideration is to maintain a
comfortable relationship between the width of streets
and the height of buildings. The one story restaurant
expansion along the Promenade will establish a more
"human scale" on this side of the building.
E. STREET EDGE
There are no setback requirements for buildings in Vail
Village. Rather, proposals are looked at with
relationship to the site and the surrounding
development to ensure a strong street edge. A strong
street edge does not imply perfectly aligned facades
along entire street widths. Rather, slightly irregular
facade lines, building jogs, and landscape areas create
life and visual interest for the pedestrian. The
addition will fill a portion of the deck along Gore
Creek Promenade. Deck area is still maintained with
the proposal. The proposed design creates a slightly
irregular street edge which complies with this
criteria.
F. Buildina Heiaht
Building height is unaffected as the one-story
expansion is below 33' in height.
3
G. Views and Focal Points .
The proposed expansion does not impa~~t any ofithe
adopted view corridors. One view consideration was the
vantage point form the top of the staircase between the
Children's Fountain and the Gore Creek Promenade
looking west. The view of these stairs is important as
it provides pedestrians with a point of orientation as
they, walk through the Village. This addition will have
a slight impact on long range views from the~top of the
stairs looking towards Willow Bridge. The enclosure
has no impact on the view from Gore Creek Promenade up
to the Children's Fountain staircase.
H. Service and Delivery
The proposed expansion will not require any significant
additional service or delivery. The seating capacity
is slightly increased due to interior remodeling which
will remove tables from the existing interior of the
restaurant to allow for an expanded kitchen. The
applicant will be adding 86.5 sq. ft. of floor area to
the restaurant (272 sq. ft. of new dining area less
185.5 sq. ft. to be removed by a kitchen expansion =
86.5 sq. ft. of new restaurant floor area).
The applicant will be required to pay a $2,162.50 Town
of Vail parking fee as a result of this addition.
I. Sun/Shade ~
There will be no increase in the shadow pattern as a
result of this addition because the addition~is within
the existing shade pattern of the Bell Tower Building.
J. Architecture/Landscape Considerations
These design considerations are typically the purview
of the Design Review Board. However, in this case it
is important to address the consideration pertaining to
roofs and landscaping.
As stated in the guidelines, roofs within the Village
are typically gable in form and of moderate to low
pitch. The proposed low pitch roof form is in keeping
with the other restaurant expansion; in this area (i.e.
Blu's and Up the Creek). The staff feels that the
addition is compatible with the existing building and
that the roof form will be harmonioL~s with the existing
streetscape.
4
i
' A landscaping variance is requested for this expansion. ~
The addition will remove 253 sq. ft of deck paver area
and 19 sq ft. of planter area decreasing the amount of
landscaping from 14.6$ to 10.2$. The applicant has
proposed additional landscaping for the west stone
planter (Please see attached landscape variance memo).
RELATED GOALS AND POLICIES OF THE VAIL VILLAGE MASTER PLAN
Goal No. 3 of the Vail Village Master Plan states:
"To recognize as a top priority the enhancement of the
walking experience throughout the Village."
Related objectives and policies include:
3.1 Objective:
Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policy:
Private development projects shall incorporate
streetscape improvements (such as paver
treatments, landscaping, lighting and seating
areas), along adjacent pedestrian ways.
The proposal is removing outdoor dining area. The use of rekord
doors and a glass roof as the primary design elements of the
expansion will provide greater transparency and street activity.
This is especially important during the winter when the north
facing outdoor patio is not used. The combination of the rekord
doors, expansion of enclosed dining, and remaining deck area will
improve the streetscape of this area by adding visual interest to
Gore Creek Promenade.
3.3 Objective
Encourage a wide variety of activities, events,
and street life along pedestrian ways and plazas.
3.3.2 Policy
Outdoor dining is an important streetscape feature
and shall be encouraged in commercial infill or
redevelopment.
The proposal is enclosing a portion of an existing dining deck
while maintaining some open air dining area. This results in 253
sq. ft. of pavers and 19 sq. ft. of planter (9.5 wall and 9.5
planted area) being removed. The applicant proposes to rebuild
the planter wall and add a tree to the existing planter. Staff's
opinion is that the new tree, design of the enclosure and
associated deck meet the policy to encourage outdoor dining with
commercial infill.
5
i
STAFF RECOMMENDATION '
The staff recommendation is for approval of this requested
exterior alteration contingent upon the landscape varia~~nce being
approved and conditions listed below.
1. The staff will require the applicant to remove railings
surrounding the patio from November 1 to ]Kay 1 of each year.
2. The staff requires that the applicant participate in a
project involving the property owners and the Town's Public
Works Department in an effort to resolve drainageiproblems
adjacent to the Bell Tower Building. These drainage
problems are a result of the undirected drainage off of the
building. We do not feel that the applic~snt should be
required to provide the solution individually. However, we
feel it is fair to require him, as a prop~arty owner in the
building, to participate and pay for his :Fair share as
deemed by the building association (see attached letter form
T.O.V. Public Works Department). Any drainage improvements
necessitated by the deck enclosure shall ]be addressed by the
applicant in the Design Review Board submittal andi building
permit plans. ~
The review of the relevant Urban Design Criteria and thie Vail
Village Master Plan goals show that the proposal is in
conformance with the applicable sections of th~ase documents.
We feel that the proposal has maintained a suf:Eicient operable
outdoor dining area and the design of the addition is consistent
with the Urban Design Considerations for the Village ariea. The
proposal is also in keeping with the design of similar deck
enclosures along Gore Creek Promenade. The staff finds that
additions of this type along Gore Creek Promen~sde and inn other
area of Town are quite successful in providing enhancement to
walking areas throughout the year.
I
6
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TS south trontaQ• road
vall, Colorado St 457 VAIL 1989
tsoa~ aTaz~ 5s
dspartm~nt of public works/transportation
May 31, 1990
TO: Building Owners:
John Galt Mountaineering & Blus Restuarant
c/o Vail Management Company
Timber Haus
FROM: Stan Berryman, Director
Public Works/Transportation
RE: Brick Pavers in the Gore Creek Promenade
*~***************************~**********************~*******~s***
. Our Department has completed an investigation of brick pavers which
have heaved in the Gore Creek Promenade. We have determined that
improper roof drainage from the buildings abutting the plaza is
the primary cause of the failure of brick pavers.
Five roof drains exist between the Timber Haus building and Blus.
One downspout exists on the west end of Blus. Two roof drains are
located on the west end of John Galt. All of the above drains are
not properly tied into a system which bypasses the plaza. The
drains deposit runoff directly onto the brick plaza area. Over
time, this drainage has undermined several areas of brick pavers.
The only permanent solution to the problems occurring in the plaza
is to~correct the improper roof drainage coming off the private
buildings.
The Town of Vail proposes to coordinate and perform the work
necessary to correct all the drains and repair all affected brick
pavers. We have prepared cost estimates for each of the private
buildings. The Town is willing to begin work on these projects as
soon as we have entered into letters of agreement with the property
owners or managers. Please call me if you have questions or need
any additional information.
i
JOHN GALT BUILDING
_ i
' Repair two roof drains and tie in catch basins.
Install one catch basin and run 15 ft. of drainage',pipe under
pavers.
Daylight pipe in grass area.
Regrade and resod grass over to accommodate d.rainage.~
Repair all affected brick pavers.
Labor & Material payable to the Town of Vail $18'00.00
i
BLIIS BUILDING ~
Install two catch basins and tie in roof drainage. i
Install 40 ft. of drainage pipe under brick pavers and planter.
Daylight pipe in grass area.
Regrade and resod grass area to accommodate drainage.
Repair all affected brick pavers.
i
Labor ~ Material payable to the Town of Vail $4800.00
*~r*~*~*!t***#***~~tk*ak#*~******ak~k*it*****~k~lr~kak~k**~k~k#*ak****~kakaArtk**~kak~R#tk
TIMBER HAUS BUILDING
Tie five roof drains into two catch basins.
Install two catch basins.
Install 65 ft. of drainage pipe under brick pavers.
Daylight pipe in grass area.
Regrade and resod grass area to accommodate drainage. '
Repair all affected brick pavers. ,
Labor ~ Materials payable to the Town of Vail $6900.00
i
I.
(Yj~ O D~~ REC'D JUL 1 ?1990
U l~1 L~11 l° ! p (~1 3030 BOOTH CREEK DRIVE, VAIL, COLORADO 81657
July 16,1990
To The Mayor and Council
Town of Vail
This letter is being sent to you inorder to address our concern
regarding the decision on July 11,1990 by the Design Review
Board of the Town of Vail for approval of a new residence pro-
posed for Lot 4, 11th Filing in the Town of Vail.-6iccKl.
It is our understanding that design approval is predicated upon
design compatability of a proposed residence with other residences
in the area or neighborhood. Our immediate concern after viewing
a photograph of the Caulkins' residence on Mill Creek Circle, the
design of which they intend to reproduce on Booth Creek Drive,
and subsequently making a personal site inspection of the existing
residence, is that a Swiss style chalet with patterned shutters
having a blue and trhite design painted upon them is totally
incompatable with all existing homes in the 11th filing. It is
a style popular in the 1960's when Vail was founded as an alpine
style community. Recent construction, as well as re-models are
replacing this particular style as it does not reflect the
Master Plan or image which Vail proposed to project going into
the 21st Century.
We further find no reversion to this particular type of design
within the Filing, the Town of Vail, or along the I-70 Corridor.
Once the willows defoliate the incongruity of style will be very
visable from the highway and within the Filing during a major
portion of the year.
It is our belief that as proposed and approved we will be smbjected
to a decrease in the value of our home and property since we will be
adjacent to a property that is out of place in the area.
We are therefore respectfully requesting that this approval be
re-evaluated and ask that an approval be based upon an appearance that
is compatable with existing homes within the 11th Filing and the
Town of Vail.
We appreciate the time and effort expended '~b~ the Review Board and
regret that we must question the compatability of a Swiss style chalet
being placed in a contemporary neighborhood.
Please advise us as to what action will be taken in behalf of this appeal.
i cerely,
Werner and Gilda Kaplan
I
~ o ~ o ~ ~ o ~ 3030 BOOTH REEK I "
C DRIVE, VAIL, COLORADO 81657
i
July 5,.1990 i
Mr. Ned Gwathme ~
Chairman Design Review Board
Town of Vail
Vail, Co. 81657 ~
Dear Mr. Gwathme,
We were out of town and could not ati;end
the June 20 meeting.
Our home is on Lot 5,Block 3, V.V. 1:lth
3030 Booth Creek Dr.
I would respectfully request that foi- the
July 11th Meeting we can see a plan for Lot 4, showing
the location of the proposed home in relationship tp
our house.
Furthermore, I would strongly suggest: that
this duplex have covered garage spaces, a:~ do all the
other homes in the 11th filing. I feel it to be detre-
mental to the values of the other homes. 7'he entire
filing is being upgraded and a home withoLit garage'
facilities is not warranted in the 11th filing. ~
incerel yours,
i
W~
Werner & Gild Kaplan
I
I
f
I
JUN 19 '90 16~c6 EAST WEST PARTNERS - VAIL,COLO. P.li2
t 3.
a.
HAY H. Fxnu~mv, III
3
V1A FAX 479-2157 ;
June 19, 1990 .
Vail Design Review Board
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Gentlemen:
I would like to request that the house design which has been submitted to
the Design Review Board for approval to be located on the lot next to my
home in Booth Creek be denied. My request for denial ; is based on the
following reasons:
F.
i J In my opinion the present design is inappropriate for the lot on which
it is being built. The unique size of the lot, especIalty considering the
recent change in the Wetlands Regulations, require that a different
designed home be built. The home presently being proposed does
not have a garage, therefore, requiring signiftcant outside parking. If
a garage was designed into the. house, the house `could be moved
much closer to the street, thus not obstructing the view corridors from
the neighboring homes located along the creek antl in essence, the
public view corridor that exists across the creek. ~ In summary, the
design of house has in no way taken into consideration the unique
_ characteristics of the natural constraints of the lot nor the view
corridors of its neighbors.
2) Although I recognize the lot may apply b fhe t6chn~Cal re uirements
.for approval, it seems to me the house has not been designed to
conform to the design theme of the neighborhood. I }question whether
this type of Bavarian architecture is appropriate ~lven the overall
architectural theme ofthe nelghborhood. The mirror-image look of the
structure is also wrong. it looks like a large overblown box and does
not have any design integrity to differentiate the o sides of the
structure.
100 Fast Thomas Place • Drawer 3770 • Beaver Creel:, Colorado 81620 • (303} &~5-9200
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TO: Town Council
FROM: Community Development Department
DATE: August 7, 1990
RE: Land Lease to Eagle County School District
I. DESCRIPTION OF THE PROPOSAL
Eagle County School District has proposed to lease land from
the Town of Vail for a playground located next to the Red
Sandstone Elementary School. Specifically, the playground
will be located north and west of the existing
bicycle/pedestrian paths (See attached map). The existing
swingset will be the only play equipment on the leased
parcel, the rest of site will be sodded and left open.
II. COUNCIL ACTION REQUESTED
Final approval of the lease is requested at this time. On
July 10, 1990, the Council reviewed the proposal and gave
conceptual approval with the condition that studies for rock
fall hazards would be completed, insurance and lease issues
would be resolved, and design plans would be completed. A
hazard study was done by R.J. Irish and meets the
specifications of the hazard sections of the Municipal Code.
The proposed lease has been written by the Town Attorney and
is attached for Council's review. The design plans have
been reviewed and approved by the Design Review Board,
conditional upon the Town Council approving the lease.
A second issue has come up since the conceptual review by
Council. Staff research shows that the agreement between
the Town of Vail and the School District for the use of the
gymnasium and weight room will expire August 28, 1991.
Staff recommends that the Council condition the playground
lease, requiring the School District to renew the agreement
for the use of the school facilities.
III. STAFF RECOMMENDATION
Staff recommends approval of the lease with the condition
that the School District renew the agreement with the Town
of Vail regarding use by Town of Vail of Red Sandstone
Gymnasium. Staff believes all issues related to the play
ground have been resolved and that it will be beneficial to
the community.
GRAD/NG, AND LANDSCAPE PLAN
:{::'aft7R THE a
.~~PROPOSED RED SANDSTONE ELEMENTARY SCHOOL PLAYGROUND AREA '
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TOWN OF VAIL/EAGLE COUNTY SCHOOL DISTRICT RE50J
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 "Lessor"), and EAGLE COUNTY SCHOOL DISTRICT RE50J, a
public school district of the State of Colorado (hereinafter referred to as
"Lessee").
WHEREAS, the Lessee wishes to lease certain property from the Lessor for the use
by the Lessee as a playground and the Lessor is willing to lease the property under
the terms and conditions set forth in this lease agreement.
NOW THEREFORE, the parties agree as follows:
1. The Lessor hereby leases to Lessee the following premises located in the
Town of Vail, County of Eagle, Colorado (the "Premises"), as shown in Exhibit A
attached hereto and made a part hereof.
2. Lessee shall use the Premises solely as a playground.
3. As rent for the Premises during the term of this lease, the Lessee shall
pay the Lessor the sum of one hundred dollars ($100.00), the receipt of which is
acknowledged b_v the Lessor.
4. Lessee shall pay at its sole cost and expense during the term of this lease
all taxes, licenses, assessments, and levies of every kind and character which may
be taxed, charged, assessed, or levied upon the Premises or upon any of the
equipment placed thereon.
5. Lessee shall not without the prior written consent of the Lessor (which
consent shall not be unreasonably withheld), construct or place any additional
improvements on the Premises other than the existing swing set. The remainder of
the Premises shall be sodded and left as open space. In the event that improvements
are constructed upon the Premises with the Lessor's consent, Lessee agrees to pay
promptly, when due, any and all charges for such construction and shall hold Lessor
harmless from any and all liability, including court costs and reasonable attorneys
fees, arising out of any claims, demands, liens, or encumbrances of any kind or
nature whatsoever which are related to such additional construction.
6. Lessor shall have no duty of maintenance or repair with respect to the
Premises and equipment or improvements thereon. During the term of this lease, at
its sole cost and expense, Lessee shall keep and maintain the Premises and all
buildings, equipment, and improvements placed upon it in good order, condition, and
repair, and make any and all necessary repairs thereto including intrior, exterior,
structural, and non-structural, ordinary and extraordinary, foreseen and
unforeseen. At the expiration or termination of this lease, Lessee shall surrender
the Premises free from all improvements, equipment, fixtures, buildings, and
equipment, and the Premises shall be left clean and in good conditio.
~i
7. Lessee shall take good care of the Premises and any of the improvements
thereon, and keep the same free from waste at all times and in a clein and orderly
condition. Lessee shall keep the Premises and any sidewalks, bikepaths, or public
rights-of-way on the Premises clean and free from snow, ice, dirt, and rubbish at
all times.
8. Lessee, at Lessee's own cost and expense, shall c~~mply with all applicable
laws, rules, requirements, orders, directions, ordinances, and regulations of the
United States of America, the State of Colorado, the Country of Eagle;. and the Town
of Vail during the term of this lease, and shall indemnify, defend, Ind save
harmless the Lessor from and against any and all liabilities and penalties,
including reasonable attorneys fees which may be incurred, by reason of any
I
violation of this Section.
9. Lessee shall, for itself and for the protection o~f Lessor, throughout the
term of this lease carry at Lessee's sole cost and expense, general liability
insurance against all claims for personal injury, death, or property damage
occurring upon, in, or about the entire Premises, buildings, and improvements
presently situated or hereafter erected thereon and in or ;shout the intire Premises,
equipment or improvements presently situated on the property, and with respect to
all claims, demands, or actions arising out of or in conne~~tion with Lessee's use or
occupancy of the Premises, or use of the improvements, or ~squipment on the property
by Lessee or third parties. The insurance shall name Lesser as an aiditional
insured, and shall have minimum limits of liability in the amount of~five hundred
thousand dollars ($500,000.00) to cover personal injury or bodily injury to any one
person, and one million dollars ($1,000,000.00) in respect to any one accident to
disaster. The insurance provided for in this paragraph sh;sll be obtiined from
insurers licensed to do business in the State of Colorado. Within tin (10) days of
the execution of this lease, Lessee shall provide Lessor with policies or
certificates of insurance evidencing that the required ins~~arance has been obtained.
Within fifteen (15) days after the premium of any policy shall become due and
payable, the Lessor shall be furnished with satisfactory evidence ofits payment,
and the policy shall to the extent obtainable contain an agreement by the insurer
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a that it shall not be cancelled without at least ten (10) days prior written notice
to the Lessor.
10. This lease shall commence on August 1, 1990, and shall be for an initial
term ending on September 15, 2005; and thereafter on the same terms and conditions
as are set forth in paragraph 2 of that lease between the parties dated September
16, 1975 and recorded in the records of Eagle Count.v, Colorado, on September 28,
1975 in Book 242 at Page 51.
11. The failure of the Lessee to perform any one or more of the terms or
covenants of this lease shall result in the immediate expiration thereof upon the
giving written notice by Lessor to Lessee of such termination.
12. Upon the expiration of or earlier termination of the term of this lease,
Lessee shall peaceably surrender the lease Premises in the same condition, ordinary
wear and tear accepted.
13. Lessee agrees to indemnify and save Lessor harmless against any and all
claims, demands, damages, costs and expenses, including reasonable attorneys fees,
arising from the use of the Lessee of the Premises or from any breach or default on
the part of the Lessee to perform pursuant to the terms of this lease, or from any
active negligence of Lessee, its officers, directors, agents, contractors, servants,
employees, in or about the Premises. In the case of any action or proceeding
brought against Lessor by reason of any such claim, Lessee agrees to pay all costs,
including reasonable attorneys fees, relating to the investigation and defense of
such claim.
14. Lessee may not assign this lease or sublet the Premises to any other party
without the written consent of Lessor.
15. Lessee accepts the Premises in its present state and without any
representation or warranty by the Lessor as to the condition of the Premises or as
to the use which may be made thereof.
16. This agreement shall be binding upon and inure to the benefit of the
parties, their successors, and assigns.
17. This agreement sets forth all the covenants, promises, agreements,
conditions, and understandings between the Lessor and Lessee concerning the
Premises. All prior communications, negotiations, representations, agreements, and
understandings, whether oral or written between the parties are merged in this
agreement, this lease superseding and cancelling them. No subsequent alteration,
amendment, change, or addition to this lease shall be binding upon the Lessor or
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Lessee unless reduced to writing and executed by the party against which subsequent
alteration, addition, change, or modification is to be enforced.
IN WITNESS WHEREOF, the parties have signed this agreement on thi day and year
first above written.
i
EAGLE COUNTY SCHOOL DISTRICT RE50J, a
TOWN OF VAIL, COLORADO, a Colorado public school district of the State
municipal corporation of Colorado ~
By: By:
Rondall U. Phillips, Town Manager President, Board of Education
75 So. Frontage Road P. 0. Box 740 ~
Vail, CO 81657 Eagle, CO 81631
(303) 479-2100 (303) 328-6321
ATTEST: ATTEST:
i
By: By:
Pamela A. Brandmeyer, Town Clerk Secretary
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WORK SESSION FOLLOW-UP
8/3/90
• Page 1 of 2
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS
8/8 WEST INTERMOUNTAIN ANNEXATION LARRY: Proceeding w/legal requirements for A new advocate for petition circulation is being sought.
(request: Lapin) annexation. Cindy Callicrate to be contacted.
2/27 SATELLITE POST OFFICE (request: RON: Pursue station "in town" and/or increase Meeting to be set up with Ernie Chavez. Summer bus service
Osterfoss) summer bus service? increased.
3/21 COMPENSATION FOR PEC, DRB, RON/KRISTAN/LARRY: Should additional compensation Alternatives and-recommendation prepared. Scheduled for
LIQUOR AUTHORITY/RAISING be considered for appointed, standing Town Council on August 7.
COMPENSATION FOR MAYOR TO $1,000/ boards?
MONTH
5/1 AMEND CODE, 12.04.240, STREET CUT STAN/LARRY/KRISTAN: Per Council direction, proceed. Pam has given original ordinances to Stan. Recommended
PERMITS changes to be presented to Council in August.
6/12 VAIL GLO SIGN (request: Levine) RON/KRISTAN: Through DRB, or some other process, Kristan will handle.
can the lettering color and lighting be modified?
6/19 STOLPORT RON: Contact Jet-Link, Inc., Neal Meehan, on the Kent and Ron are scheduling meeting w/Bill James and Allan
Allen Expressway, Houston, 7X, to further pursue Nottingham.
possible subsidy and resurfacing proposal.
6/26 ABANDONED VEHICLES KEN: Contact County to see if a county-wide P.D. is analyzing along with County. Will report to
(request: Steinberg) crushing of same could be organized, resulting, Council in August.
in lesser costs of demolition and ridding our-
selves of the problem.
6/26 TOWN-WIDE LEASH LAW LARRY: Council wishes to reconsider this issue by Will present to Council at 8/14 Work Session.
amending ordinance.
6/26 AIR QUALITY SUSAN: Issue of passive smoke and smoking in Susan has been given assignment.
restaurants needs to be revisited by this fall.
6/26 TEO KINDEL MEMORIAL TODD 0.: Track down ownership of land to the south Land is all owned by VA. VA says a plaque can be placed
(request: Rase) of the Christiania. If this belongs to the TOV, there. A letter from VA is forthcoming.
begin to formulate memorial plan, i.e., park ,
bench, plaque, etc.?
7/3 ARCHITECTURAL RENDERING OF VTRC STAN: Order colored enlargement of finished project It is here and is being prepared to mount on temporary
to be pasted at the entrance to the Covered Village information booth in Slifer Plaza.
Bridge and perhaps on east and west ends of VTRC.
For visitor edification.
. WORK SESSION FOLLOW-UP
8/3/90
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS Page 2 of 2
7/17 LIONSHEAD REPAIRS STAN: Handrail above fountain area is splintered On the schedule. Walk-through held August 1. Cost estimates
and light pole close to fountain has a crumbling are being prepared for Lionshead list of projects.
rock base - both need repair. Lionshead
Merchants Assn. will be calling Ron/Stan for a
wa-l-k-through-of-the-L-ionshead-Ma-1-l-area. _
1/17 BIKES/ROLLER BLADES AND SKATES/ KEN/LARRY: Should bicycles, roller blades, etc. be Researching appropriate ordinances.
SKATEBOARDS prohibited from highly pedestrianized areas in
the Village and Lionshead? .
7/17 BUSINESS LICENSE SURVEY RESULTS SALLY LORTON/LARRY: Council is interested in seeing Will be presented to Council in August.
survey results as related to the proposed short-
term rental amendment to the business license
ordinance.
7/11 COUNTY PROPERTY TAX REASSESSMENT STEVE B.: What's the status on changes re: Jim Fritze says the Commissioners are working on new
commercial rate as opposed to residential? definitions which may take the situation back to what it
was originally.
7/17 CROSSROADS PARKING DISCUSSION MERV/KRISTAN: Meet to discuss this issue. Meeting to be set after Kristan explains procedures in.
writing.
1/24 UPDATE ON PARKING STRUCTURE COUNCIL/STAFF: Schedule tour. Tour scheduled for 8/14/90 work session. Wear appropriate
clothing and footwear.
7/Z4 AG/OPEN SPACE AMENDING ORDINANCE LARRY/KRISTAN: Unanimous consensus of Council to Ordinance being developed.
proceed to make AG/Open Space 35 acre minimum
per unit.
7/24 CLEARCUTTING FIELD TRIP RON: Arrange trip w/Bill Wood to Piney and Lost Scheduled for August 14. Wear appropriate clothing and
Lake areas (during work session!) footwear.
7/Z7 UNDERGROUNDING UTILITIES IN LARRY/STAN: Work with Holy Cross Electric to Scheduled to begin this fall.
EAST VAIL establish special improvement district(s) for
undergrounding utilities in East Vail.
7/27 HOTEL/CONDOMINIUM CONVERSIONS KRISTAN/LARRY: Develop list of approved hotels. Will provide by August 28.
TM yj`r:A:'i-~
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Iowa of nail ~
75 south frontage road
vall, Colorado 81657 VAIL 1989
(303) 479-2158
department of public works/transportation
MEMORANDUM
TO: Ron Phillips ,~;3
FROM: Stan Berryman
DATE: August 2, 1990
RE: Lionshead Mall Walk-Through
Following is a summary of our walk through the Lionshead Mall with
the Lionshead Merchants:
We will place the following items on our maintenance priority list:
1. Order a replacement Town shuttle bus map for the E.
Lionshead Circle bus stop.
2. Replace broken glass in the E. Lionshead Circle bus stop.
3. Sweep out E. Lionshead Circle bus stop.
4. Remove or replace garland hanging nails on E. Lionshead
bus stop.
5. Remove old concrete planter by E. Lionshead Circle bus
stop.
6. Repair snowplow damage on various rockwall structures.
7. Countersink exposed bolts on bench across from Charlie's
Gondola Shop.
8. Repair various stair railings.
9. Remove all three concrete telephone kiosks and drinking
fountain and replace with brick pavers.
MEMORANDUM TO RON PHILLIPS
August 2, 1990
Page 2
We will obtain cost estimates for the following items:
1. Map/directory program for the Lionshead Mall:
2. Redesign of E. Lionshead Circle bus stop.
3. Replace damaged concrete at E. Lionshead Circle.
4. Banner program on mall street lights.
5. Replace damaged concrete by the Marriott Mark.
6. "Enhancement" of Concert Hall Plaza entrance too the mall.
7. Rehabilitation of Skier's sculpture.
8. Analysis of all "slippery" concrete surfaces.
9. "Enhancement" of sundial area of mall.
10. Purchase (8) benches and (8) bike racks for various
locations in the mall.
Dan Mulrooney will investigate costs of changing the back wall of
the Lionshead fountain to a children's mural.
The Vail Resort Association will further investigate the
feasibility of placing banners over the stage area of the Lionshead
fountain and submit engineered plans to the Tawn for review.
Please call me if you have any questions.
SB/slh
cc: Pete Burnett
Greg Hall
John Gallegos
Todd Oppenheimer
~'i
TOWN OF VAIL
MANAGEMENT ASSIGNMENTS
July 27, 1990
Town Manacter Assistant Town Manaorer
Housing Task Force *Municipal Complex
Cultural Arts Center *Fire Department Analysis/
Parking Structure Support
*Parking and Transportation Parking and Transportation
Advisory Committee Advisory Committee
County Bus System Communications Projects
Budget Library Support
Ski Museum Police Department Analysis
Forest Service Headquarters/ *GIS/E-9-1-1
Visitor Center
Forest Service Land Ownership
Adjustment Plan
Holy Cross Parcel
*Berry Creek 5th
Stolport
Public Works Support
Community Development Support
Adm. Services Support
VRA 1.8% Bed Tax
Zoning Code Update
Cemetery Task Force
Adm. Services Director Asst. to the Town M~naaer
Municipal Complex Parking Structure Public
Fire Department Analysis Relations
*Pension Plan Drug Free Eagle County
County Bus System Child Care Task Force
Budget We Recycle
Old Town Shops CMC Advisory Committee
Berry Creek 5th Street Entertainment
GIS/E-9-1-1 Community Relations
Town Clerk
Records Management
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75 south frontage road
vall, Colorado 81657
(303) 479-2105
office of town manager
MEMORANDUM
TO: All Town of Vail Employees
FROM: Ron Phillips
DATE: July 24, 1990
RE: Attached Organization Chart
As you probably know by now, various changes have been made
recently in the Town administrative structure. The chart on
the reverse side outlines the rearrangement, which we are
hopeful will enhance each department's efforts.
By placing Ken Hughey in the position of Assistant Town
Manager, I am hoping that each department will benefit from
more personal attention to their needs and goals. Ken will
continue as acting Police Chief for the near future.
Other changes include the promotion of Pam Brandmeyer to the
position of Assistant to the Town Manager and Steve Barwick
to Director of Administrative Services. A new position of
Personnel Officer will be created, giving increased time and
attention to TOV employee concerns.
Through these changes, we hope to recognize the strengths of
current Town staff and put more emphasis on departmental
management support and community relations. If you have any
concerns or questions, don't hesitate to talk with either
your department head or me.
Thanks again for all of your hard work and support during
this time of reorganization.'
`1`:7.x'1.#<Y~[:`~~~~F?>
TOWN MANAGER .
Ron Phillips
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ASSISTANT TO MANAGER/
COMMUNITY RELATIONS
Pam Brandmeyer, Town Clerk
ASSISTANT
TOWN MANAGER PUBLIC DEPUTY
Ken Hughey RELATIONS TOWN CLERK
Caroline Fisher Vacant
_ I I I
FIRE POLICE LIBRARY COMMUNITY PUBLIC ADMINISTRATIVE
Dick Duran Ken Hughey Annie Fox DEVELOPMENT WORKS SERVICES
(Acting) Kristan Pritz Stan Berryman Steve Barwick
~ ~ i ~ I I
Fire Protection Patrol Reference Planning Roads Finance
Fire Prevention Investigations Circulation Environmental Health Transit Budget
Emergency Medical Crime Prevention Technical Services Building Parking Personnel
Services Communications & Youth Services Engineering Data Processing
Records Adult Services
Code Enforcement
Animal Control
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RFC'D JUL 311~~U
July 30, 1990
Mr. Steve Kelleher
2983 Bellflower Drive
Vail, Colorado 81657
home phone: 476-4860
Vail Town Council Members
The Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Council Members:
Attached is a copy of a letter to the editor that I intend to send to the Vail
Trail later this week. It concerns an article in the July 27, 1990 edition of
the Trail about timber sales along Red Sandstone road.
In short, it explains my opinion that clearcutting as a method of harvesting
timber is bad for the forest. I am not a forester by trade but I have several
years experience as a member of a group trying to change harvesting methods in
the Ouachita National Forest in Arkansas. In the letter I explain that I
believe that a process called selection management is a better alternative to
harvesting than clearcutting. I appreciate your concern over the clearcuts in
our area, however, I think you will agree that masking the cuts behind "hedges
of trees" is not a good solution to the problem.
I hope this letter will enlighten you to the alternatives to clearcutting. I
would be happy to provide you with more information or meet with you to
discuss the problem. Thank you.
Sincerely:
Steve Kelleher
kEC'U JUL 3 1 1~~U
Nobody likes a clearcut. If you have been up along Re~i Sandstoe road and
Lost Lake recently you have probably seen more than your :Fill of them. In an
article in the Vail Trail last week U.S. Forest Service district ranger Bill
Wood said that timber sales are necessary to maintain a ]iealthy forest. What
he did not say is that the method being used to harvest timber in our region,
clearcutting, is more devastating to the forest than it i;s worth.
When they clearcut, loggers fell most of the trees in .a group and move the
saleable logs to market. Workers then level the remaining vegetation with
bulldozers, chainsaws, or fire. It has been compared to performing surgery
with a meat cleaver. clearcutting destroys the nests acid feedingigrounds of
wildlife, saps the soil of it's nutrients, and increases soil erosion. This
keeps a healthy ecosystem from returning to the site of a clearcut (long after
new trees have been planted and begun to grow. And the more a site is cut,
the longer the forest takes to recover.
Perhaps the most devastating effect of clearcutting, th~~ugh, is the loss of
biological diversity. When a clearcut has been completed the Forest Service
will typically replant the site with fast growing, genetically cloned, "Super
Pines" that are all of one species. Any other tree speci::s or vegetation that
grows back from the litter of a clearcut is usually cut down so they do not
compete with the new trees. This creates a sterile forest that is almost
devoid of plant and animal activity. If you have ever :seen pictures of, or
visited an old-growth forest (not much around anymore;) there is always a
complex "understory" of vegetation. Take a look at an area that was clearcut
many years ago and you will see only one species of pine, and nothing on the
forest floor except pine needles. Biological diversit~~ is NOT created by
clearcut timber sales.
So what you may ask is the solution? In recent years a method of harvesting
timber called "Selection Management" has become more ~~opular. (Using this
method individual trees are marked within a stand for cutsting. Some of these
trees may be destined for market while others are culls t:hat thin the forest
canopy so individual trees may grow larger. Other species of trees and plants
are thus minimally disturbed, Selection Management has been proven to be the
most environmentally safe method of harvesting trees. Ct conservers far more
vegetation, wildlife, and native diversity than any other form of tree
harvesting. Worries over higher costs, lower revenues, :ind decreased yields
have been disproved. Why doesn't the Forest Service adopt this method if it
is so great? Like most bureaucracies it is slow to ch~inge and too heavily
influenced by special interest groups, in this case the t:Cmber industry.
So what can you do about it? Write your congressman and t:he Forest Service to
let them know your views. These are public lands and on:Ly public outcry will
change the way they are managed. As a resort communit:y we should be very
concerned about the quality of our environment. We generate far more jobs and
revenue from tourism than from timber sales. Simply keE:ping hedges of trees
next to roads and trails so our guests won't see the clearcuts is not a
responsible answer. We should altogether stop clearcutting as a~ method of
harvesting trees in our region. ~
I
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EAGLE COUNTY BUILDING
_ 551 BROADWAY
OFFICE OF THE P.O. BOX 850
BOARD OF COMMISSIONERS - EAGLE. COLORADO 81631
(303) 328-8605 FAX: (303) 328.7207
'7,'`
EAGLE COUNTY, COLORADO
July 17, 1990
The Honorable Kent R. Rose
Mayor of the Town of Vail
75 South Frontage Road
Vail, Colorado 81657
RE: CONTINENTAL EXPRESS STOLnort SPECIAL USE PERMIT
Dear Kent:
Thank you for your letter of July 11, 1990, regarding the
"Continental Express STOLport." The Board considered your
letter on July 16, 1990, but were advised by Kevin Lindahl that
they need a request from the landowner or lessee in order to extend
the permit.
Based on this information, I called Ron Phillips to explain the.
situation to him at the Board's direction. Prior to the Board's
adjournment I had not hear from Ron. Since the Board will not be
meeting today, it appears the special use permit will die by its
own terms. Please call if you have any questions.
Sincerely yours,
GLE COUNTY
,G
ames R. itze
County Ma ager
JRF/lw
cc: Kevin Lindahl, County Attorney
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MARKETING & MANAGEMENT
TD: The Honorable Mayor Kent Rose
rvru~l: Jim Popeck
SUBJECT: 1990 American Airlines Vail Village Criterium
DATE: July 24, 1990
On behalf of U.S. Sports, Inc. I would like to take this oppor-
tunity to thank you and all the members of the Town Council for your
forsight and generous su~,~rt for the 1990 American Airlines Vail
Village Criterium held on July 6,.
Since the event we have received numerous telephone calls from
people in Boulder/Denver, Colorado Springs, Grand Junction and other
Mountain Communities telling us how they thought it was about time
professional cycling returned to Vail, Village course. Many of them
took the day off fran their jobs to attend the event and felt that it
was well worth it. They also want to see the event return on an annual
basis.
As you are well aware U.S. Sports, Inc. produces events around the
nation. Nowhere do we get the co-operation from local officials like
we do in Vail. There are numerous individuals who play an important
role in the success of an event. It is difficult to single out one or
two individuals who make a difference because it is such a team
effort. In regards to the American Airlines Vail Village Criterium I
feel that the following people made an extra effort above and beyond
what was required, and were instrumental in the success of the event:
Stan Berryman and Jim Hoza took the extra time to do no less than
two site surveys of the course and made sure that all hazzards on the
course were properly patched prior to race day. They also mechanically
swept the course morning of the event and hand swept just prior to the
starts insuring that the course was race ready.
Corey Schmidt also attended the site surveys and ~,L~~ided the
necessary manpower to insure that the visitors to Vail were aware of
the event and where parking was available. Traffic control is always a
major concern at an event. Because of Ken Hughey, Corey Schmidt and
the entire Vail Police Department traffic control was top notch and had
a direct impact on the success of the event.
Once again please convey our sincere thank-you to the entire Town
Council and everyone who helped make the 1990 American Airlines Vail
Village Criterium a success.
Corporate Ollices: Post O11ice Box 477 Vail. Colorado 81658 Telephone: 3031949-5710 ! 949-5199 FAX 303/949-5050
23911 Dory Drwe. Suite 1500 Laguna Niguel. California 92677 Telephone. 714; 493-3947
REC'~? JUL 311990
~asthof
Gramshammer, ~11L• Telephone: 303/476-5626
Pepi Gramshammer 231 East Gore Creek Drive
Sheika Gramshammer Vail, Colorado 81657
July 28, 1990
Mr. Ron Phillips
Town Manager
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Dear Ron and Members of the Town Council:
I'd like to bring your attention to a matter which I feel is very
important to our overall recreational system here in Vail.
The Town has spent alot of money recently on the tennis facilities
at Ford Park. In my opinion, the new tennis building looks like
a bird cupola, and doesn't fit the surroundings at all. Not only
the size, but the style, is inappropriate for Ford Park.
There was obviously alot of money spent on that facility. Now,
we see a major project underway between Manor Vail and the Ford
Amphitheater: a path from Vail Valley Drive to the creek. This,
too, is an expensive proposition.
Although I'm glad to see constant improvements made to our recreational
facilities, I feel that too much attention has been put on the "frills"
in some areas of town, and not enough attention on the basics, such
as restrooms, in other areas.
Specifically, I am referring to the soccer field. On any given
day, that field gets almost constant use by many people, playing
and observing many different types of sports, summer and winter.
It is one of the best-used fields in Vail, yet there are no dressing
areas, bathrooms, water fountains, or even an emergency telephone.
The soccer field is a big asset to this town, and receives much
more use on a year-round basis than do the Ford Park tennis courts.
And, people from all over come to play and watch events on that
field. What kind of impression do we give our visiting soccer and
rugby players when there's not even a bathroom at the field for
them to utilize?
~asthof
Gramshammer, ~Il~. Telepho e: 303/476-5626
I
Pepi Gramshammer 231 East Gore Creek Drive
Sheika Gramshammer Vail ~ Colorado 81657
Mr. Ron Phillips
page 2
I urge you to make expansion of the facilities at t;ne soccer field
your next priority. Drive by next week-end and see just how many
people enjoy that part of town. Then, next winter, see how many
cross-country skiers use the area. You'll see that appropriating
recreational dollars to the soccer field makes good sense, is important
to the many people who use the field, and is a big ,asset to recreation
in the Vail Valley. (And simple, aesthetically-pleasing, utilitarian
facilities don't need to cost that much, either!)
Sincerely,
~ >
Pepi Gramshammer
cc:
Vail Daily
Vail Trail
i