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HomeMy WebLinkAbout1991-05-07 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MAY 7, 1991 7:30 p.m. AGENDA 1. Ten Year Employment Anniversary Award to Kurt Gordon. 2. CITIZEN PARTICIPATION 3. Approval of Minutes of April 2 and April 16, 1991. 4. Consent Agenda A. Ordinance No. 10, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 13, Series of 1990, also known as the Dauphanais-Mosely Subdivision to provide changes to Special Development District No. 22, that certain lot size and corresponding GRFA, employee dwelling units and architectural guidelines, and setting forth details in regard thereto. B. Ordinance No. 11, Series of 1991, second reading an ordinance rezoning three tracts from hillside residential zoning, Section 18.09 to greenbelt and natural open space zoning, Section 18.38 within a parcel, commonly referred to as Spraddle Creek, an approximately 40 square parcel located north and east of the main Vail interchange and east of the Spraddle Creek Livery. C. Ordinance No. 12, Series 1991, second reading. Modifications to deed restrictions on Manor Vail property located between Vail Valley Drive and Ford Park, immediately north of the main Manor Vail building. (Applicants: Town of Vail and Manor Vail). ' 5. Ordinance No. 13, Series of 1991, first reading, adopting a fifth view corridor and revising the current language regulating view corridors. (Applicant: Town of Vail). 6. Adjournment A:\TCagenda VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MAY 7, 1991 7:30 p.m. EXPANDED AGENDA 7:30 p.m. 1. Ten Year Employment Anniversary Award to Kurt Gordon. 7:35 p.m. 2. CITIZEN PARTICIPATION 7:40 p.m. 3. Approval of Minutes of April 2 and April 16, 1991. 7:45 p.m. 4. Consent Agenda Shelly Mello A. Ordinance No. 10, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 13, Series of 1990, also known as the Dauphanais- Mosely Subdivision to provide changes to Special Development District No. 22, that certain lot size and corresponding GRFA, employee dwelling units and architectural guidelines, and setting forth details in regard thereto. Action Reauested of Council: Approve/Deny request. Background Rationale: The applicant is requesting a number of changes to the approved SDD. These requests include changes to GRFA and site coverage in addition to changes to the architectural quidelines (see memos for details.) Staff Recommendation: Please see attached for staff and PEC recommendations. Staff recommends approval of the requested amendments to the ordinance. PEC voted 5-1 to approve the request with conditions. Kristan Pritz B. Ordinance No. 11, Series of 1991, second reading an ordinance rezoning three tracts from hillside residential zoning, Section 18.09 to greenbelt and natural open space zoning, Section 18.38 within a parcel, commonly referred to as Spraddle Creek, an approximately 40 square parcel located north and east of the main Vail interchange and east of the Spraddle Creek Livery. Action Reauested of Council: Approve/deny ordinance. Background Rationale: This rezoning is an implementation of the final PEC subdivision approval. The PEC Voted unanimously to recommend approval of the rezoning to the Council. Staff Recommendation: To approve rezoning. l Andy Knudtsen C. Ordinance No. 12, Series 1991, second reading. Modifications to deed restrictions on Manor Vail property located between Vail Valley Drive and Ford Park, immediately north of the main Manor Vail building. (Applicants: Town of Vail and Manor Vail). Action Reauest of Council: Approve/Deny/Modify Ordinance No. 12, series 1991 on second reading. Backaround Rationale: The Town conveyed a strip of right-of-way to Manor Vail in 1977. On the deed, the Town listed 6 restrictions, and stated these restrictions would expire in 1997. This Ordinance, if approved, will direct the Town Manager to sign an agreement modifying those restrictions to: 1. Allow Manor Vail to construct a portion of their building on the former right-of-way, and 2. Make the other restrictions permanent, including the public pedestrian access easement to Ford Park. The proposed agreement, the 1977 deed, the 1977 resolution and the proposed ordinance are attached and provide more detailed information on this request. Staff Recommendation: Approve Ordinance No. 12, Series 1991. 8:00 p.m. 5. Ordinance No. 13, Series of 1991, first Andy Knudtsen reading, adopting a fifth view corridor and revising the current language regulating view corridors. (Applicant: Town of Vail). Action Requested of Council.: Approve/Deny/Modify Ordinance No. 13, Series of 1991 on first reading. Backaround Rationale: The Planning and Environmental Commission voted 6-0 on March 11, 1991, recommending approval of a fifth view corridor. The view corridor, as proposed, would extend from Frivolous Sals looking east to the Gore Range over the Red Lion and Christiania roofs. Discussion of adopting this corridor was reinitiated , recently when the Red Lion redevelopment was reviewed. Since that time; staff has been working with the property owners in the area to define this corridor. At a previous Town Council worksession regarding this proposal, the Council asked for a clear indication of the proposed Christiania expansion in relation to the view corridor. The attached photographs show the corridor as it exists today, and as it will be after the Christiania expansion is built. The Ordinance is worded so that all development proposals with Design Review Board final approval, as of the date of second reading of this Ordinance, will be .able to be built. However, if an existing Y DRB approval expires, the development proposal will not be able to be built. In addition to proposing an additional view corridor, staff has reorganized the language regulating view corridors, and has created a new chapter in the Zoning Code for this regulation. Staff is planning to have the legal description for View #1 revised, since the staircase to the transportation center has been rebuilt. The attached PEC memo and ordinance explain the changes in more detail. Staff Recommendation: Approve Ordinance No. 13, Series 1991. 8:20 p.m. 6. Adjournment A:\TCexpand MINUTES VAIL TOWN COUNCIL MEETING APRIL 2, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 2, 1991, 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 Robert Levine Peggy Osterfoss MEMBERS ABSENT: Merv Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Martha Jensen, Deputy Town Clerk The first item on the agenda was a ten-year employment anniversary award for Gary Murrain of the Community Development Department. Ron Phillips and Kristan Pritz made remarks concerning Gary's tenure with the Town, and Mayor Rose thanked Gary for his work. The second item on the agenda was Citizen Participation, of which there was none. Item No. 3 was approval of minutes of the March 5, 1991, and March 19, 1991, meetings. Lynn Fritzlen moved to approve the minutes, seconded by Tom Steinberg. A vote was taken with the motion passing unanimously, 6-0. Item No. 4 was Ordinance No. 6, Series of 1991, second reading, an ordinance amending Section 18.52.160 of the Municipal Code of the Town of Vail to set parking in lieu fees for Commercial Core I and Commercial Core II at eight thousand dollars ($8,000) per space; and setting forth details in regard thereto. Mayor Rose read the title in full. Kristan Pritz gave a brief explanation of the ordinance. The following individuals spoke in opposition to the ordinance: Johannes Faessler, Paul Johnston, Bob Fritch, Hermann Staufer, Paul Jeppson, Bob Lazier, Gary Haubert, and Galen Aasland. A letter from Pepi Gramshammer opposing the ordinance was also entered into the record. Following discussion by Council, Tom Steinberg moved to approve Ordinance No. 6, Series of 1991, with the following addition: those projects receiving Planning and Environmental Commission or Design Review Board approval by May 1, 1991, and a building permit by November 1, 1991, would fall under the old fee structure. Mr. Steinberg also directed staff and the Zoning Code Task Force to give further consideration to a Village and Lionshead rate differential. Jim Gibson seconded the motion. A vote was taken, with the motion passing 4-2, Lynn Fritzlen and Rob Levine opposed. Item No. 5 on the agenda was Ordinance No. 3, Series of 1991, second ` reading, an ordinance amending Sections 8.10.020 and 8.10.030 of the Municipal Code of the Town of Vail to provide for increased fees in the provision of fire protection services out of the Town limits; and setting forth details in regard thereto. Mayor Rose read the title in full. Dick Duran reported no changes to the ordinance since the first reading. Jim Gibson moved to approve Ordinance No. 3, Series of 1991. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 on the agenda was Ordinance No. 4, Series of 1991, second reading, an ordinance enabling the Finance Director of the Town of Vail to declare sales taxes immediately due and payable, if he finds that the collection of the tax would be jeopardized by delay; and setting forth details in regard thereto. Mayor Rose read the title in full. Steve Barwick stated there had been no changes to the ordinance since the first 1 reading. Tom Steinberg moved to approve Ordinance No. 4, Series of 1991. The motion was seconded by Jim Gibson. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 on the agenda was Ordinance No. 5, Series of 1991, second reading, an ordinance amending Section 18.40.130 of the Municipal Code of the Town of Vail to provide that fees for special development district applications, and for major and minor amendments on special development districts, may be set by the Town Council by resolution rather than ordinance; and setting forth details in regard thereto. Mayor Rose read the title in full. Mike Mollica stated there had been no changes to the ordinance since the first reading. Jim Gibson moved to approve Ordinance No. 5, Series of 1991. Tom Steinberg seconded the motion. Upon a vote, the motion passed unanimously, 6-0. Item No. 8 on the agenda was Ordinance No. 7, Series of 1991, first reading, an ordinance amending Section 9.34.030 of the Municipal Code of the Town of Vail to provide that it shall be unlawful for any person under the age of twenty-one years to have in his possession any fermented malt beverage, and amending Section 9.34.040 of the Municipal Code of the Town of Vail to make it unlawful for any person to sell any fermented malt beverages to any person under the age of twenty-one years; and setting forth details in regard thereto. Mayor Rose read the title in full. Ken Hughey stated the purpose of this ordinance was to bring the Town of Vail Code into conformity with State law. Jim Gibson moved to approve Ordinance No. 7, Series of 1991. The motion was seconded by Peggy Osterfoss. A vote as taken and the motion passed unanimously, 6-0. Item, No. 9 on the agenda was Ordinance No. 8, Series of 1991, first reading, an ordinance amending Chapter 12 of the Municipal Code of the Town of Vail to provide for changes and additional conditions relating to street openings, excavations, and pavement cuts; and setting forth details in regard thereto. Mayor Rose read the title in full. Greg Hall presented an overview of the ordinance. Gerry Bonser, District Manager of Public Service Company, and Howard Scarborough, Assistant Manager of Holy Cross Electric Association, both stated utilities, in the past, had been exempted from performance bonds. They also stated their original franchise agreements allowed them to make street cuts when reasonable and necessary. Council stated their policy, in both cases, would remain the same. General discussion followed regarding compaction testing, suggesting that the testing be done randomly as allowing time for testing to be completed can be lengthy and expensive. Lynn Fritzlen moved that Ordinance No. 8, Series of 1991, be approved, with the inclusion of random testing to be done by the Public Works Department, passing the costs involved onto the permittee, and other wording changes. The motion was seconded by Rob Levine. A vote was taken with the motion passing unanimously, 6-0. There being no further business, the meeting was adjourned at 10:15 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Martha Jensen 2 r; t MINUTES y VAIL TOWN COUNCIL MEETING APRIL 16, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 16, 1991, 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 Pamela A. Brandmeyer, Town Clerk The first item on the agenda was the ten-year employment anniversary award for Todd Scholl of the Public Works Fleet Maintenance Division. Ron Phillips, Pete Burnett, and Kent Rose made remarks concerning Todd's tenure with the Town and Mayor Rose thanked Todd for his work. The second item on the agenda was Citizen Participation. Chuck Crist, with Vail Mountain Rescue, expressed thanks from that group for previous moneys the Council has contributed to the organization, also notifying Council they had just been recertified. Secondly, Merv Lapin introduced Galina Kozlova, from the Soviet Union, who is the interpreter for the Russian hockey team currently visiting Vail. Item No. 3 on the agenda was Debbie Comerford in a request to address the Town Council. Debbie expressed her appreciation of Council's time and asked for any comments or suggestions the Council might have in regard to the upcoming school board election and the conduct of that school board. In response, several suggestions were given. First, the school board must be very specific as to where the money goes and this should come in a readily understandable format. People feel the board does not have a handle on how the money is being spent. Furthermore, the board itself must understand the budget and each of its line items. A breakdown by schools or smaller segments, also known as site-based management, was discussed. Secondly, regarding the state funding issue, a pro active stance by the board would meet with voter approval. Debbie, if elected, was asked to come back to this Council, as well as to other councils and boards throughout the school district, to get support at such time as they may be appearing before the state legislature. The third item suggested had to do with before and after school programs, weekends, holidays, and so forth, that could be sponsored by the school district. Debbie then asked the board how they felt about an educational foundation and endowment for the school district and the council responded in a positive manner. Item No. 4 was the Consent Agenda. A. Ordinance No. 7, Series of 1991, second reading, an ordinance amending Section 9.34.030 of the Municipal Code of the Town of Vail, to provide that it shall be unlawful for any person under the age of twenty-one years to have in his possession any fermented malt beverage and amending Section 9.34.040 of the Municipal Code of the Town of Vail to make it unlawful for any person to sell any fermented malt beverages to any person under the age of twenty-one years and setting forth details in regard thereto. s B. Ordinance No. 8, Series of 1991, second reading, an ordinance amending Chapter 12 of the Municipal Code for the Town of Vail to provide for changes and additional conditions relating to street openings, excavations, and pavement cuts and setting forth details in regard thereto. Both Ordinances 7 and 8 had titles read in full by Mayor Rose. Merv Lapin moved to approve the Consent Agenda, with the second by Tom Steinberg. A vote was taken and the motion was unanimous, 6-0. Item No. 5 on the agenda was Ordinance No. 9, Series of 1991, first reading, an ordinance repealing Chapter 18.71 Additional Gross Residential Floor Area of the Town of Vail Municipal Code and setting forth details in regard thereto. Mayor Rose read the title in full. Kristan Pritz presented the staff and zoning code task force recommendation to repeal the 250 Ordinance at the April 8 PEC meeting. The PEC voted 4-1 to deny the ordinance to repeal the 250 Ordinance, with the recommendation to Council that the 250 Ordinance be retained in a modified form. Explanation of the Planning Commission action followed. The staff response to the PEC recommendations centered around the purpose of the ordinance, demos and rebuilds, variances, and site improvements. Individuals from the audience commenting on behalf of maintaining the 250 ordinance were as follows: Jim Morter, Bob Ruder, John Tuschmann, Chris Neuswanger, Hermann Staufer, Chuck Crist, Frank McKibben, who read a letter from Ben and Celine Krueger, and entered into the record, Howard Rapson, and Larry Agneberg, representing the Board of Realtors. Following comments from the public, the Town Council made comments. At this point, Rob Levine moved to deny Ordinance No. 9, Series of 1991, with a second coming from Kent Rose. A vote was taken and the motion passed 4-2, with Merv Lapin and Tom Steinberg voting against this motion. Item No. 6 on the agenda was Ordinance No. 10, Series of 1991, first reading an ordinance repealing and reenacting Ordinance No. 13, Series of 1990, also known as the Dauphanais-Mosely Subdivision, to provide changes to Special Development District No. 22, that certain lot size and corresponding GRFA, employee dwelling units, and architectural guidelines, and setting forth details in regard thereto. Mayor Rose read the title in full. Shelly Mello stated the applicant was requesting a number of changes to the approved SDD. Those requests included changes to GRFA and site coverage in addition to changes to the architectural guidelines. The staff recommendation was to approve requested the amendments since the request complied with SDD criteria. PEC voted 5-1 to recommend approval of the request as per the staff recommendation with the following conditions: 1. Allow the transfer of 200 square feet of GRFA from primary unit to employee unit. 2. No credit allowance will be given to employee unit. 3. Allow 15 employee units. 4. Allow 600 sq. ft. for primary unit garage and 300 sq. ft. for an employee unit garage. Initially the staff had recommended denial of the request. The applicant had since amended his request and the staff was now recommending approval of the request, therefore, all requests and amended requests were beneficial to bringing this project under the current GRFA regulations. Rob Levine moved to approve Ordinance No. 10 on first reading as per the staff recommendation, with the following conditions: 1. A 4' roof encroachment be allowed on Lots 1-24 if the rear setback is increased by 4 feet. 2. Allow transfer of up to 300 sq. ft. from primary unit to secondary. 3. Up to 24 employee units allowed. -2- 4. Garages be reduced to 600 square feet allowable for ' primary unit and an additional 300 sq. ft. of garage if an employee unit is.provided. The motion was then seconded by Lynn Fritzlen. A vote was taken and the motion passed 5-1, with all but Merv Lapin voting for the motion. Item No. 7 was Ordinance No. 11, Series of 1991, first reading, an ordinance rezoning three tracts from hillside residential zoning, Section 18.09 to greenbelt and natural open space zoning, Section 18.38 within a parcel commonly referred to as Spraddle Creek, located north and east of the main Vail interchange and east of Spraddle Creek Livery. Mayor Rose read the title in full. Kristan Pritz stated this rezoning was an implementation of the final PEC subdivision approval. The PEC had voted unanimously to recommend approval of this rezoning to Council. Merv Lapin requested a clarification on taxes regarding this open space and requested that Jay Peterson and Larry Eskwith look into the actual ownership of the land at issue. Merv Lapin moved to approve the ordinance, with the second coming from Peg Osterfoss. A vote was taken and the motion passed 5-0-1, with one abstention by Kent Rose. Item No. 8 was Ordinance No. 12, Series of 1991, first reading, an ordinance directing the Town Manager to sign an agreement regarding a former strip of right-of-way. Mayor Rose read the title in full. Applicants were the Town of Vail and Manor Vail. Andy Knudtsen stated that in 1977 the Town conveyed a section of right-of-way to Manor Vail. The land conveyed was a 50-foot wide strip extending from Vail Valley Drive east past the front entrance of Manor Vail to the pedestrian bridge leading to Ford Park. When the Town originally conveyed the land, it conditioned the deed with six restrictions, including the requirement that Manor Vail dedicate a pedestrian easement through this area to the Town. However, a clause in the deed limited the restrictions to twenty years. Therefore, after 1997, the Town would not have a pedestrian easement to Ford Park. He explained the proposed ordinance would direct the Town Manager to sign an agreement which would release some of the conditions, and would make the pedestrian easement permanent. Tom Steinberg requested that signage be allowed at both ends of the easement, which was agreeaple to the applicant. Merv Lapin moved to approve Ordinance No. 12. Peg Osterfoss seconded that motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 9 was Resolution No. 10, Series of 1991, a resolution increasing fees for certain Community Development services. Merv Lapin moved to approve this resolution, with the second coming from Tom Steinberg. A vote was taken and the motion passed 5-1, with Lynn Fritzlen voting against this resolution. Item No. 10 was the Neuswanger appeal of a PEC decision to deny a wall height variance request. Jill Kammerer stated the applicant, Chris Neuswanger, had requested PEC approval of a front setback and wall height variances for the Neuswanger residence located within the primary/secondary zone district at 2642 Cortina Lane, Lot 6, Block B, Vail Ridge Subdivision. The PEC had approved the r front setback variance in order to allow the construction of GRFA in conjunction with a garage within the front setback and had denied the wall height variance request. In response to questions from Council, Chris indicated the proposed wall heights in excess of 3'-0" were required and were not strickly an aesthetic issue. The wall height had to do with drainage for the actual lot because of the severity of the slope of that lot. Some members of Council did not believe a physical hardship had been presented and thought a break up of walls, more terracing, and landscaping with three foot maximum height in the walls, would be more appealing. -3- Merv Lapin restated his belief that the level of design and grading work done to date was conceptual and needed to be investigated in more detail to see if the need for a wall height variance and the drainage problems could be eliminated through alternative design solutions. Peggy Osterfoss moved to conceptually approve the variances, based on the fact the need for a wall height variance was a physical hardship resulting from the grade of the site. Because of the slope of the lot, Peggy did not believe the high walls would be highly visible if the wall were terraced and properly landscaped. She conditioned her approval with the request the wall be in a minimum of two sections, four feet apart, with ample landscaping between. Tom Steinberg seconded this motion. A vote was taken and the results ended in a tie with Rob Levine, Lynn Fritzlen and Merv Lapin voting against approval, wich means the motion failed. Upon further discussion, it was recommended to staff and Mr. Neuswanger he return to Planning Commission and attempt to achieve a settlement through the Planning and Environmental Commission. There being no further business, Merv Lapin moved to adjourn the meeting at 10:45 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -4- 4 ORDINANCE N0. 10 Series of 1991 AN ORDINANCE REPEALING AND REENACTING ORDINANCE N0. 13, SERIES OF 1990, TO PROVIDE CHANGES TO SPECIAL DEVELOPMENT DISTRICT N0. 22 THAT CONCERN. LOT SIZE AND CORRESPONDING GRFA AND EMPLOYEE DWELLING UNITS AND ARCHITECTURAL GUIDELINES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 13, Series of 1990 Special Development District No. 22; and WHEREAS, Dauphinais-Moseley Construction has requested to amend the existing Special Development District No. 22; and WHEREAS, the Special Development District provides for creativity and flexibility to allow for the development of affordable housing; and WHEREAS, there is an identified need for affordable housing in the community; and WHEREAS, The Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 22; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 13, Series of 1990 to provide for such changes in Special Development District No. 22, Dauphinais-Moseley Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 13, Series of 1990 is hereby repealed and reenacted to read as follows: Section 1. Amendment Procedures Fulfilled, Planning Commission Report The approval procedure prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. 1 Section 2. Special Development District No. 22 . Special Development District No. 22 (SDD22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. Section 3. Purpose Special Development District 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets all design standards and criteria as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District 22 that are difficult to satisfy through the imposition of the standards of the underlying primary/secondary zone district. Special Development District 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4. Development Plan A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents which will be finalized at the Major Subdivision final plat review: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Arnold/Gwathmey/Pratt Architects, dated March 22, 1990. 2 2. Conceptual landscape plan, Arnold/Gwathmey/Pratt Architects, dated March 20, 1990. 3. Final plat of Lionsridge Subdivision Filing No. 5, a resubdivision of Lots 1-19, Block 2, and Moraine Drive, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1-19, Block 2, and. Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989 to be finalized at the final plat review for the subdivision. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990. B. The development standards shall be as follows: 1. Acreage: The total acreage of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The permitted uses for SDD 22 shall be: a. Single family residential dwellings b. Open space c. Public roads d. Employee dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities 4. Accessory Uses:' 3 a. Private greenhouses, toolsheds, playhouses, _ garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190 of the Town of Vail Municipal Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Lots Sizes and Maximum GRFAs: MAX GRFA INCL. 425 SQ. FT. LOT SIZE GRFA ALLOWANCE PER UNIT 1 11,805 2,293 2,718 2 16, 248 3, 171 3, 596 3 11, 500 3, 171 3, 596 4 11,761 2,293 2,718 5 12,197 2,293 2,718 6 11,500 3,171 3,596 7 11,543 3,171 3,596 8 11, 021 3, 171 3, 596 9 11, 456 3, 171 3, 596 10 11,979 3,171 3,596 11 10, 803 3, 171 3, 596 12 12, 981 3, 171 3, 596 13 15,159 3,171 ~ 3,596 14 11, 151 3, 171 3, 596 15 8,538 2,293 2,718 16 8, 494 2, 293 2, 718 17 8,494 2,293 2,718 18 10, 062 3, 171 3, 596 19 9,148 2,293 2,718 20 9, 801 3, 171 3, 596 21 10, 237 3, 171 3, 596 22 9,409 2,293 2,718 23 9, 148 3, 171 3, 596 24 10,629 2,293 2,718 68,202 78,402 GRFA shall mean the total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, mechanical chases, vents, and storage 4 areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of paragraph A below. A. i~ithin buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Garage spaces of up to three hundred (300) square feet per garage space not exceeding a maximum of two spaces for each allowable dwelling unit and one for each allowable employee unit. 2. Attic space with a ceiling height of five feet or less, as measured from the top side of the ' structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered decks, porches, terraces, patios or similar feature/space with no more than three exterior walls and a minimum opening of not less than 25~ of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature/space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing~of up to three feet in height. 5 i GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 of the Vail Municipal Code. 8scluded areas as set forth is paragraph A shall then be deducted from total square footage. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each allowable dwelling unit not to include any restricted employee housing unit. 6. -Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Arnold/Gwathmey/Pratt Architects, dated March 22, 1990. A 4 foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4 foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up t.o 2' into the required side setback of 10' for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5' for lots 1-14 and 20-24. No other setback encroachments shall be allowed. 7. Densitv: Approval of this development plan shall permit a total of 24 single-family dwelling units on the entire property. A minimum of 6 employee dwelling units shall be incorporated into any 6 of the single- family units. A maximum of 24 employee dwelling units (including the six required employee units) may be included within 15 of the single-family units if desired by the developer or individual lot owner. 8. Building Heicrht: For a flat roof or mansard roof, the height of the building shall not exceed 30'. For a 6 sloping roof, the height of the building shall not exceed 33'. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 18.04.170 of the Municipal Code. 9. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall mean the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carports, porte cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. 10. Parking: Parking shall be as required in Section 18.52 of the Vail Municipal Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. 11. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall be such that 7 buildings relate harmoniously to each other. This - is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: i. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. ii. The following building standards and materials shall be adhered to: {1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. 8 (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. ` (3) Flues. All flues shall be galvanized or "paint Lols" sheet metal, painted to match the roof . (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be reviewed by the DRB. (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure except under decks where substantially concealed by landscaping. (8) Windows. Windows shall be recessed a minimum of two inches from the outside wall plane and have a sandstone sill. Trim shall be white, taupe or brown. (9) Outdoor Lighting. Outdoor lighting shall be indirect with a concealed source except for an entry chandelier which may be exposed globes with a fixture of black or weathered cooper look metal. All exterior lighting shall be reviewed by the DRB. (10) Garages. No garage doors shall directly face the street, except on Lot 24. 9 r (11) A residential address/nameplate if desired by " the owner shall be located on the side of the garage facing the access point to the lot. (12) Landscape. When the individual landscape plans are. designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. I2. Recreational Amenities Tax:. The recreation amenities tax shall be assessed at the rate for a single-family residential zone district. Section 5. Conditions of At»roval A. Special Development District No. 22 shall nat be effective until the major subdivision is approved by the Planning and Environmental Commission and is recorded by the Town of Vail at the Eagle County Clerk and Recorders Office. B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder's Office before a building permit is released for any construction on the subdivision including common improvements as well as individual residences. C. The Town of Vail Engineer shall have the right to review and approve the five (maximum number) curb cuts for lots 15-23 accessing off of Lionsridge Loop to ensure proper driveway orientation, landscaping, visibility, and drainage before a building permit is released for any of the units on these lots. Back out driveways are prohibited for these lots. D. The developer shall submit a landscaping, signage, and wall design for the entry to the subdivision for review and approval by the Town Engineer before final Design Review Board approval. E. The developer shall construct a sidewalk along the north or south side of Lionsridge Lane. The developer may construct the entire sidewalk under the Phase I building permit or may construct the sidewalk in subsequent phases of construction. 10 As each lot is developed, the portion of the sidewalk adjacent to the lot shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the unit on the lot. F. The developer shall be responsible for constructing a bus shelter on the west or east side of the entry into the subdivision if and when the Town of Vail deems it is appropriate to provide bus service to properties adjacent to Lionsridge Loop and/or if the School District determines it is appropriate to provide bus service for Lionsridge Loop property owners. The bus shelter design shall be mutually acceptable to the developer and Town of Vail. The bus shelter shall also be required to receive approval from the Design Review Board. G. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the .developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 500 square feet and is allowed to have a kitchen. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for Special Development District No. 22. The developer may choose to transfer up to 300 sq. ft. of GRFA from the primary unit to the employee unit. The GRFA transferred will be deducted from the total allowable GRFA of the primary unit. The developer may 11 r provide up to 15 employee dwelling units including the 6 required dwelling units if so desired. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 15 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have one enclosed garage parking space. This parking space shall not be detached from the single-family garage or structure. The employee dwelling unit shall be prohibited from having a wood burning fireplace. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. The employee dwelling unit shall be permanently restricted as a rental employee dwelling unit. The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full-time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full- time employee is a person who works an average of 30 hours per week. An employee dwelling unit shall not be divided into any form of time-share, interval ownership, or fractional fee ownership. The employee dwelling unit shall not be sold, transferred or conveyed separately from the single family unit. The owner of each employee dwelling unit shall be required to declare in writing on an annual basis to the Town of Vail 12 that the employee dwelling unit has been rented as a long term rental per the requirements outlined in this section. This declaration shall include a written statement from the owner listing the renter's name, place of employment, and .length of time the unit was rented. The declaration shall be required to be signed by both the lot owner and renter. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in the form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of any employee dwelling unit. The Town of Vail shall be a party to this employee housing agreement. H. The developer and Town shall enter into a developer's agreement which shall provide that no final plat for subdivision shall be signed by the Town unless security is provided by the developer to ensure completion of the requirements set forth in Conditions D, E, and F. The security set aside for the bus shelter in Section 5F shall be reviewed by the Community Development Department after two years from the date the final plat is recorded to determine if the bus shelter should be constructed. The Community Development Department shall require that the security be extended an additional two years if the Community Development Department determines it may be . necessary to construct the bus shelter after the first 2 year period. I. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's 13 office. The Town of Vail shall be party to these ' agreements. , J. The first phase of construction for the subdivision shall include construction of residences on Lots 1, 2, 3, 9, 5, and 24, project entry plan completion, final grading of common open space, and revegetation of native grasses on all disturbed portions of the subdivision, paving of Moraine Drive, all utilities constructed and stubbed to individual lots, as well as drainage improvements. The second through fifth phases shall include construction of 4 to 5 units per year until the project is built out. Section 6. Amendments Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. Section 7. Expiration The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental ' Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. 14 r' Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, 'sections, subsections, sentences, clauses or phrases by declared invalid. Section 9. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 10. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of.the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1991, and a public hearing shall be held on this 15 ordinance on the day of , 1991 at 7:30 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk - INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 16 ORDINANCE N0. 12 Series of 1991 AN ORDINANCE AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR MODIFICATION AND PARTIAL RELEASE OF RESTRICTIONS AND COVENANTS RELATING TO A CERTAIN SPECIAL WARRANTY DEED CONVEYING CERTAIN PROPERTY FROM THE TOWN OF VAIL TO THE MANOR VAIL CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION. WHEREAS, on June 21st, 1977, the Town of Vail ("the Town"), by special warranty deed ("the deed") conveyed a parcel of property ("the property") which was then utilized by the Town of Vail as a street right-of-way, to the Manor Vail Condominium Association. A copy of the deed is attached to this Ordinance as Exhibit A and incorporated herein by reference. WHEREAS, the deed was conveyed subject to certain conditions, covenants, restrictions and reservations which ran with the land and were binding upon the Manor Vail Condominium Association for a period of twenty years from the date of the conveyance (June 21st, 1977); and WHEREAS, one of the conditions is that no property conveyed by the deed shall be used or conveyed at any time for any purpose other than pedestrian, bicycle and limited motor vehicle ingress and egress to the grantee's hotel; and WHEREAS, another restriction is that an easement twenty feet in width passing generally east-west to the westerly end of the described property to Gerald R. Ford Park on the easterly end of the described property was reserved unto the grantor for pedestrian and utility purposes for the use, benefit and enjoyment of the public; and WHEREAS, the Manor Vail Condominium Association ("Manor Vail") wishes to construct, as soon as reasonably possible, an expansion of the Manor Vail Condominiums on the property conveyed by the deed which is now restricted to pedestrian, bicycle and limited motor vehicle ingress and egress; and WHEREAS, the Town of Vail wishes to obtain an easement twenty feet in width passing generally east-west across the described property from the public thoroughfare on the westerly 1 end of the described property from the public thoroughfare on the westerly end of the described property to Gerald R. Ford Park on the easterly end of the described property for pedestrian and utility purposes and the benefit and enjoyment of the public in perpetuity; and WHEREAS, the Town and Manor Vail wish to enter into an agreement for the modification and partial release of the restrictions and covenants contained in the deed ("the agreement") a copy of which is attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, Manor Vail is willing to convey to the Town an easement in perpetuity ("the easement") a copy of which is attached hereto as Exhibit C and incorporated herein; and WHEREAS, the agreement provides for continuance in perpetuity of certain restrictions on the use of the property which were set forth in the deed; NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 The Town Manager is hereby authorized to execute for the Town the agreement for modification of partial release of restrictions and covenants attached as Exhibit B, upon the condition that, simultaneously, with the execution of the agreement, Manor Vail shall convey to the Town the executed easement attached as Exhibit C. Section 2 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. 2 Section 3 The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1991, and a public hearing shall be held on this ordinance on the day of , 1991 at 7:30 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 • ~J ~ • ETAT~ COCUNENiARr TEE, • SPL•'CI11L W11IbRANTY DEED 'PtTIS U[:t•:U, made• this .~l•~1' day of r,~,~~ 1977, from the Town of•Vail, a Colorado 1.lunicipal CoY~oration, as Grantor, ~j• to Manor .Vail Condominium association, a Colorado Nonprofit Corpo- ration, as Grantee. - • 7 WTTNIi;; ~1:T11, t-he Grantor, for and in consideration of tFro ,sum of ten dollars ($10.00) to 'the Grantor paid by the Grantee, the • receipt whereof is hereby confessed and acknowledged, has granted,. bargained, sold, and conveyed and by these presents does grant,. • • bar.gain,.sell, and convey to the Grantee, its successors and assigns forever, all the fallowing described real property in Eagle County, Colorado: ~ " Parcel 2, Manor Vail North,_or more specifically, the'Southerly SO feet of Lot A, Block 1, Vail • Village Seventh Filing, except the Easterly 5 feet thereof. • (For Convenience Purposes Only- ' • No ,Documentary Fee Required) • ~ Subject to the following conditions, covenants, r~stric- • Lions, and reservations agreed to by the Grantee by acceptance of (1) On `or before July. 1, 19713, Grantee shall complete ' improvement and landscaping of• tt~e described real property in substantial compliance with improvemenL-~and landscaping plan approved. by Grantor.. (2) No property described Herein El~all be .used or occupied at any time for any purposes other .than pedestrian, bicycle and limftec motor vehicle ingress and egress to Grantee's hotel and lodge oper:atio'r , ~ adjaceriL• property, and f-or utility and open space purposes. . ~ (3) No property described herein •shall be used ~or consiclere~ in determining tl~e gross residential floor area or density. that the Grantee .would be entitled to under Town of Vail layis and r?egu,lations. (4) An easement 20 feet in width pas~ing~generally • east-we:l• across the described pruper~ly from L•he public thorough:are•. . , . nn the wester..ly .end of the described property to Gerald R..Ford• Fark on the easterly end of the described property is reserved unto,' . Grantor for.. pedestrian and •ut'ility• purposes Lor the' use, benefit; ' • and enjoyment of tl~e public. " (S) ~t tl~c westerly entrance to the above des'cribed' property, the Grantee shall provide and maintain a sign to'advise • • the public that said area is open to the use of the public. • . ~ • . • r , IU'S • . 1• . •\i' . ~ • . . ~ ~ (6) All signs or postings~on the Above described property shall be approved by the Town of ,Vail Design iteview Hoard. r , Each of tl~e condit.ions,'covenants, restrictions, and ' reservations herein 'set forth 'shall run with the land and shall be binding upon ttie Grantee, its successors and assigns, and upon each of them, and all parties and all persons claiming under them, for a period oL 20 years Corm the date of this conveyance. All parties claiming by, through, or under Grantee shall be taken to•hold, '.agree, and covenant with the Grantor of said property, with its ~uccesors and :signs, and arith each of them, to con Form to and . ~bserve said restrictions, as to the use of the described property. Invalidation of any of these 'condition::, covenants, restrictions, or rescrvaL•ions,•or any part thereof:- by judgments or court order shall in no wise affect any of the other provisions, ' -which shall .remain- in full force and effect. TO IIAV]; AND TO HOLD the real property above bargained and described, unto the Grantee, its successors and assigns forever; and '.tl~e• Grantor, for .itself and its successors covenants and agrees to and witt~•ll~e Grantee, its successors and assigns, the above bargained real property to W11KR11N'i' 11ND CORGVGR DEFEND in the quiet and peaceable pUauC:i.°ilUn Of the Grantee, its successors. and assigns, against all 'and every person or persons lawfully claiming or to claim the whole' or any part thereof, by, through, or under tl~e.Grantor; but if, during tl~e,t-erm of ttre conditions, covenants, restrictions, and • . -reservations, there shall be a continued substantial breach of any one oC the condit-io?is,~ covenants,' restrictions, ors reservations herein set forth, the above described property shall revert to tt~e U rte. y~/,~/,~~1"L')ITNESS WII);I:EOF the Gra itor h s • ~ a hereunto set its hand ' ~ti'and'sea].`'~.'~:li~ day and year first -above written. ;(,5'Llii,~j~~"~• ! . TOWN OF VAIL, a Colorado r,`< ~,•v,•;`~~~• >;lunicipal Corporation AT,'PEST 'C, ' r /w Town ~t.~erk / ~ J n'A. DdtS~ n I or ,STATE OP COLORADO ~ ' •1 ~'~•~,•C~OUNTY•`01' EAGLE ; ss. . , • •~++•'""+~•'Tl1e foregoing instrument waa acknowledged before me this ' l'. •Ld`~~;;~~~``'• ~ ~(,t~~ 1977, by John A. Dobson ao Mayor and • ' ~ ~ti,~~1;~ ryas 't'own Clerk of the Town of Vail; a Colorado t~~jt}i r l ra t i on . ' '•~:r •••''~tj~~rotl~Gs my hand and official .seal ~'j•' M~~immission expires: t.~! C•"•'++'' - • • • ~ ~Gtt~.~C. ~L[rQCLl~c?-LJS • Notary l~ub'li~ ; . • • , , ' . , ' ~ ~ . ~ E%HIBIT B . AGREEMENT FOR MODIFICATION AND - PARTIAL RELEASE OF RESTRICTIONB AND Ca~vralANTB AGREEMENT made May , 1991, between the Town of Vail, a Colorado municipal corporation (hereinafter "Grantor") and Manor Vail Condominium Association, a Colorado non-profit corporation (hereinafter "Grantee"). Grantee is now the owner of the following described real property in Eagle County, Colorado: Parcel 2, Manor Vail North, or more specifically, the Southerly 50 feet of Lot A, Block 1, Vail Village Seventh Filing, except the Easterly 5 feet thereof.; Grantee has requested Grantor to modify and partially release the original conditions, covenants, restrictions and reservations contained in the Special Warranty Deed conveying the above mentioned property to Grantee so as to grant to Grantee, its heirs and assigns, the right to expand Grantee's lobby, to otherwise use the property as hereinafter provided, and to make the restrictions and covenants as modified and as hereinafter set forth, permanent. Grantor, having originally conveyed the subject real property to Grantee pursuant to a Special Warranty Deed dated June 21, 1977, and recorded on August 9, 1977, at Book 258 Page 340 of the records of the Clerk and Recorder for the County of Eagle, State of Colorado (hereinafter "Special Warranty Deed"), has agreed to such modification and partial release as hereinafter provided. In consideration of the sum of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, Grantor hereby consents that the original conditions, covenants, restrictions and reservations contained in the Special Warranty Deed conveying the above described property to Grantee are hereby changed, modified, and partially released, to read as follows: 1. Grantee shall complete improvement and landscaping of the described real property in substantial compliance with improvement and landscaping plan approved by Grantor. 2. No property described herein shall be used or considered in determining the gross residential floor area or density that the Grantee would be entitled to under Town of Vail laws and regulations. - 3. At the westerly entrance to the above described property, the Grantee shall provide and maintain a sign to advise the public that said area is open to the use of the public. 4. All signs or postings on the above described property shall be approved by the Town of Vail Design Review Board. 5. At the westerly and easterly entrances of the above described property, the Town of Vail shall have the right to erect signage to advise the public that said area is open to the use of the public. Grantor agrees that subparagraphs 2 and 4 of the Special Warranty Deed are to be deleted, terminated or released, although the parties acknowledge that Grantee will be conveying to Grantor an easement with regard to the subject property by Grantee's execution and delivery of a quit claim deed simultaneously with this agreement. The parties further agree that the conditions, covenants, restrictions and reservations as set forth above shall run with the land and shall be binding upon the Grantee, its successors and assigns, and upon each of them, and all parties and all persons claiming under them. The parties agree that the 20 year limitation set forth in the Special Warranty Deed is hereby deleted or terminated and that the conditions, covenants, restrictions and reservations as set forth above shall be deemed permanent. Grantor further agrees that the language set forth in the Special Warranty Deed relating to reversion of the property to Grantor in the event of a continued substantial breach of any one of the conditions, covenants, restrictions, or reservations shall be deemed deleted, terminated or released, and that the property shall not revert in the event of any continued substantial breach. The parties agree that this modification shall not affect any other rights or remedies of the Grantor as provided under applicable law. IN WITNESS WHEREOF, the parties have executed this Agreement at Vail, Colorado the day and year first above written. MANOR VAIL CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation By: James Unland, President ATTEST: Patricia D. Bethke, Secretary TOWN OF VAIL, a Colorado municipal corporation By: Mayor ATTEST: Town Clerk . 2 STATE OF COLORADO ) SS. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before this day May, 1991, by , as Mayor of the Town of Vail, and , as Town Clerk of the Town of Vail. Witness my hand and official seal. My commission expires: SEAL Notary Public Address STATE OF COLORADO ) SS. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before this day May, 1991, by James Unland, as President of Manor Vail Condominium Association, and Patricia D. Bethke, as Secretary of Manor Vail Condominium Association. Witness my hand and official seal. My commission expires: SEAL Notary Public Address TJC41 M031524.D1 3 iaataiBIT C ' Recorded at o'clock M., Reception No. Recorder. EASEMENT THIS EASEI>-PENT, granted this day of ^iay , 19 91 , between Manor Vail Condominium Association, a Colorado whose legal address is non-profit corporation 595 E. Vail Valley Drive, Vail, CO 81657 of the *County of Eagle ,State of Colorado, the Grantor, and Town of Vail, a municipal corpora>ii n whose legal address is 75 South Frontage Road, Vail, CO 31657 of the •County of Eagle ,and State of Colorado, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars & 00/100 ($10.00) and other good and valuable consideration paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an easement for the purposes of non-vehicular, pedestrian, bicycle and utilities access to Ford Park of 20 feet in width for the use, benefit and enjoyment of public. (herr inxrt description of eaxment including the uses. limitations, location and width, etc.) over and across the following described parcel of real property situate in the Town of Vail County of Eagle and State of Colorado to wit: (legal to be inserted) 1 7/ii~/~a~Ed~kddi6,fdr/tYid l~rlefil b9d?~~~dtdrt~t'tb~/t1~~(t/1~dd'./af'fali~~~.AE,Ib'eh~(~4'J;ric~,~t~l~~,tNe Ch(t/idy/df// ~fdd~gt~~/at~t7al~rs~Ad,/a~d/d~6drlb~A/ail 7'1St~~e4rSdrr4~6(a4Y~lr~E d~drdt~~iidp(a~dilt~b>9thf !0l16~1d~lat~i~dt,l~daf Y}t~,~ilnle/sbdfbdt}4lShcbvG/vG!(i~Me~~di~~rli~¢ /Grantor /Grantor. The ~#¢gh~dagrees to repair and maintain the easement granted herein at the cost and expense of the Q'r~(t~~Jafyfl~(a4 ~;?f'iQ Grantee will in nodway hinder or prevent the proper and reasonable use and enjoyment of the property through which ~1~~~~~~b-O:iINIL'M ASSOCIATION TOi,N OF VAIL By: gy; ; James Unland GRAN7C)R President GRANTEE STATE OF COIARADO ~ ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of May , 19 9I , by V~tness my hand and official seal. My commission expires: •If in Denver, insert "City and." NO1"~' P"a" cam, No. 1134. ti;ASFAgNr tindrord Publishio~. St2s w. 6tli A.e., t~ke~aod. CO 8o2u - (30])2316900 Itl~ LEGAL DSSCRIriiO1~ FOR BROPOSED ACCESS Saneaaent for pa..~.ased "lSANOR VASL, A RESLtSD~v~,SiON OF LOTS A, H, AND c, VAIL VILLAGE FILING." a non-Qxalusive public pedestrian access easement, sore particularly deroribed a~ follows, Ccroseneinq at the northeast e..+..er o! the southeast quarter of the northwest q~~'ter of Section S, Township 5 South, Range 80 Best of the 6th Principal Meridian, which is also a point on the East line of Lot A, Vail Village Seventh Filing; thence S o0°01'06" E a distance of 65.04 feet along west®rly line of said Lot A to an angle point on this westerly line; thence S 79°2f'06" S a distance o! 32.12 lest along the southwesterly line of Lot A to an angle point on this southwesterly line= tha?nae N 89°58'54" E a di~t~nae of 20.77 lest along the southrast~erly line of Lot'A to an angle point of Lot A and which is also the True Point of Beginning: thence S o6°08'S4" W a distance of 20.12 feet along thewesterly . line of Lot A to the Soutlitaest carnet of this access easement; thence N 89°58'S4" E a distance of 388.64 to the Southeast corner of this access 4asement which is a oint on the northeasterly line of Lot A; thence N 19°57'03" W a d~stance of 21.27 feet along the northeasterly line of Lot A to the northeast corner of this easement; thence S 89°58'54" W a distance of 329.23 feet to the Point of Beginning, containing 5,677 square feet or 0.15 acres more or less. ~l~ ~ ^ • 19.7.7 RESOLIITION 11' . r.... ' . - • ~ ' . R);SULUTIOIJ NO. r~- ~.~..~'~'~j\~~;= ' • Series of 1~7 0••••~/~ ! • 11 R1:;;OLUTION 11UTilUItI7,I•NG TILT; TOWN MnN11GC:R , ~'l ~ ' • TO IXI:CU'!'L A U);L•'D TO M1IIJOR VAIL CONnOMINIUM " ' • 11SSOCIJITION 1.'OR l1 P1112C1L OI' PU1.lLIC 1?ROPI:R'I'Y • UPON CI:R'I'11.1N CONDITIONS 11ND RL;STRIC'J'IONS, • ~ 11NU I~IRI?C'L':CNG '1'lI1; .11C'J'ING TOWN CL]iI21C TO 11'1"1' 1::;'1' '1' O '1' 111.; S11M L•' . W[IE;RL•'11S, the Town of Vail owns certain property . designated as a ,treet which runs tl~rougl~ the center. of the Manor Vail Condominium property; and, ' ~ WII)rlt]:11S, the Manorr• Vail• Condominium 1lssociation leas proposed ,to •l~anclscape and maintain said propcrL•y; and • WtiLR1.11s, the Town Cowicil is of the opinion th~1t . said area should he ].~n~3scan~d and usFd f:or Puhl.a.c Po1~f:i:r.i.an access . to Gerald R. )?ord Park; ' N019, 'I'IILRrI'ORi;, it is lu~reby r. esolved by the ' Town Council of: the Town of Vail, Colorac]o that: ' • (1) 'i'lle ~convcyanco of that public property designated . as a street. through the: Manor Vail Condominium prop~:rty is hereby approved, provided, however., that said conveyance is cor~clitioned upon L•l~e Lollowing: (a) Public pedestrian and utility access easement shall be provided across s~•tid property. - • • . ~ ' . • ' (b) 1lppropriate signs ,shall be provided by Manor Vail to inform tl~e public that the area is • ' ' ' • open to tl~e public for access to Gerald R. l•'ord Parlc. • ~ • . (c) Landscaping tend improvEments shall 'be ~ , constructed by Manor Vail in accordance with the • , . ' • plans approved by tl~e Council. • , ~ (d) .1111 signs erected on tl~e property shall ' ' be approved by the Ucsic~n Review I~oard. ' (e) Tlie area may not be used by Manor Vail ' ' or its successors to determine GRI'11. i ~ . 1 I . ~ • • ~ ~ I • ' • • • (f) Manor'•Vail 11as ayrecd to grant to• ~ I the •'i'owti of Vail •an ea•sement adequate f:or the • • •installation •of., a 'sewer line to serve Gerald ' Y • , R. ford Park,,. and i:n addition thereto, has ' ayrecd to replace arty landscaping previously do»e Uy Manor Vail up to t-he amount of $20,000 tl~at• may have been misplaced ley the 't'own's work in insi:all~~tion of'tliat sewer line. . (7.)• '1'he 't'own Manager is l~et:ehy authorized to execute nveyat~ce oL that puUlic property desiynatecl as a 's tree L- , h L-he Manor Vzil. Condominium property to t~.he Manor Vail inium 11ssoGiation, and the ncti.ng 'Town Clerk is ltereUy ized to attest to tl~e• .same. INTItUllUCED, 1t);11D, nPPItOVrU, ANU 11UOPTLI), this 21st Jutie, 1977. • • ,T ~j • • . • Ptayor • ~ c~ • I, '1'uwn Clerk. . • ~ • • : • • a - . . • • 1 , • ~ ~ ~ ~ • ~ . • • • ~ ~ • y 7 ^i: Z 3 ~ ~ H Z ~ _ s"ue"`- _ t •y `Y~ , , _ - } ''-j'L t ti _ _ ~ i - _ ' f .yam-~' ' Y_~..~ ~ _ - .:v:'*°~~'~ / rL JffTJ~ Y. 3;`j ` r._} ~ i:~';1l$l ,,r\ '~~4 1 tv : ~ _ y r 1.j ! pia . ~ Y T, . R ~ a Y~~s:. x j ~ ~ 6 P ~ ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 22, 1991 SUBJECT: A request to amend the zoning code, adding a section to identify all approved view corridors and to set forth details with regard thereto. Applicant: Town of Vail x :r.. :u.,:.wrr:ndWi3ts'rHov .:'•:::::::,.~:::.r~:r,~... ••:W:::->:sv~f<•~r~..cow;r~!r•..~•,.s,....W,.:,.w,s~:~s,a~as~cE:,:u., ry:•:. ,.....:....,:,.......,......:..fry. ....:r...7............ ••:v... .....................:............,.................................:..f.:..::..,........:...:.:>........ t .r..... ,f r c~:~:i..... f 'f:'rirNi .r.:.... rH......,..............:.. s h•:,.r:::.:o-:.cwa«x~:''sY::.:. ",.';::c`,:v~w:;'•,.awwnw::ra;ufnw'/,?rkrrr~lr/I:" The staff proposal is to create a separate section of the zoning code, where the regulations for view corridors will be located. Staff believes that an appropriate location for these standards is in the Design Review section. At this time, the view corridors are referenced only in the Vail Village Urban Design Guide Plan. Staff believes that development outside Vail Village can impact established view corridors, and that there should be a section of the code applicable to all development areas. Staff also believes that locating the standard in the Design Review section in the zoning code will bring more attention to the fact that the Town does have established view corridors which all development must comply with. Staff is not proposing to modify any of the recently proposed view corridor ordinance changes. The proposed view corridor over the Red Lion and Christiania has not changed and is included in the recommendations to Council. The new section is proposed to have subsections describing the views individually. Following those general descriptions, staff is planning to incorporate the legal descriptions for each view. Administrative responsibilities will be defined, describing who will regulate the view corridors, when new construction should be checked to ensure it does not encroach into view corridors, and a general statement establishing the legal basis for protecting the corridors and prohibiting new construction from encroaching into the view corridors. As discussed in previous PEC hearings, the new standards will prohibit encroachments, including mechanical equipment. The new ordinance will also clarify that the more restrictive height applies when comparing zoning district standards to the of the view corridor standards. The ordinance that will go to Council establishing this new section will also modify "Section G of the Vail Village Urban Design Considerations" so that it is consistent with the new section of the zoning code. Because of the major changes in the organization of the proposed view corridor ordinance, , staff thought it was appropriate to bring it to the PEC for preliminary review. At this time, the PEC will be voting on the proposal, giving a recommendation to the Council for their final approval. Staff recommends that the Planning Commission recommend to Town Council that the proposed changes be approved. Staff believes that the clarity of the new ordinance, and the relocation of it in the zoning code, instead of the Urban Design Considerations, will increase the awareness of the regulations and clarify the standards for development. c:\pec\viewcorr\viewcorr.422 1 ORDINANCE N0. 13 Series of 1991 AN ORDINANCE AMENDING SECTION G OF THE VAIL VILLAGE IIRSAN DESIGN CONSIDERATIONS RELATING TO THE PROTECTION OF VIEWS WITHIN THE TOWN OF VAIL AND CREATING A NEW CHAPTER OF THE MiTNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE FOR THE PROTECTION OF CERTAIN VIEWS WITHIN THE TOWN AND SETTING FORTH THE DETAILS IN REGARD THERETO , WHEREAS, it is the opinion of the Town Council that the preservation of certain existing view corridors is essential to the character of Vail as a mountain resort community; and WHEREAS the preservation of views will protect and enhance the Town's attraction to tourists and visitors; and WHEREAS the preservation of views will stabilize and enhance the aesthetic and economic vitality of the Town of Vail; and WHEREAS the amendment will more clearly identify existing view corridors and development procedures for the public's benefit; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AS FOLLOWS: 1. Section G of the Urban Design Considerations is hereby modified to read as follows: Paragraph G Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are constant reminders of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant and obvious view corridors have been adopted as part of the Design Review standards in Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhaustive. When evaluating a development proposal, priority should be given to an analysis of the impact of the project on views. Views that should be preserved originate from either major pedestrian areas or public plazas, and include views of the ski mountain, the Gore Range, or the Clock Tower. The views of the ski slopes and of the Clock Tower, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in the Vail Village shall not encroach into any adopted view corridor. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from pedestrian ways must be identified and mitigated where needed. 2. Title 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 18.73 to read as follows: Chapter 18.73 - View Corridors 18.73.010 - Purpose A. The protection and perpetuation of certain panoramic mountain views from various pedestrian/public ways within the Town is required in the interests of posterity, civic pride and the general welfare of the people of the Town of Vail; B. It is desirable to designate, preserve and perpetuate certain existing panoramic mountain views for the enjoyment and environmental enrichment of the citizens and visitors to the Town; C. The preservation of such views will strengthen and preserve the Town's unique environmental heritage and attributes; D. The preservation of such views will enhance the aesthetic and economic vitality and values of the Town; E. The preservation of such views will protect and enhance the Town's attraction to tourists and visitors; F. The preservation of such views will promote good design. 18.73.020 - Adoption of View Corridor Leaal Descriptions and ' Photocrraphs The photographs on record with the Community Development Department and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the Town. 2 A. A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the ski slopes; View Point #1 Instrument - View Point #1 Backsight - Traverse Point #1 Height of instrument above View Point #1 - 5.4 feet Lens used in photograph - 35 mm Horizonal Angle Zenith Angle Foresight Point on Photo 358 47' 76 41' A 358 47' 85 49' B 12 06' 89 14' C 15 00' 89 17' D 22 14' 86 54' ~ E 35 18' 85 42' F 38 17' 76 21' G B. A view from upper Bridge Street looking toward the ski slopes between the Golden Peak~Building and the Hill Building; View Point #2 Instrument - View Point #2 Backsight - View Point #4 Height of Instrument Above View Point #2 - 5.4 feet Lens used in photograph - 35 mm 3 - Horizontal Angle Zenith Angle Foresight Point on Photo 287 30' 74 35' A 289 40' 90 17' B 299 02' 92 47' C 3 01 51' 7 4 10' D C. The orthwes corner of 244 Wall Street looking over the Red Lion and Christiania roofs toward the Gore Range. The legal description for this view corridor will be written after all proposed developments have either been constructed or the approvals for such developments have expired. This provision applies to all development projects which have received final Design Review Board approval as of the date of second reading of this ordinance; View Point #4 Instrument - View Point #4 Backsight - To Be Determined Height of Instrument Above View Point #4 - 5.4 feet Lens used in photograph - 50 mm D. View of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and south of the Mill Creek Court Building; View Point #5 Instrument - View Point #5 Backsight - Focal Point #1 Height of Instrument Above View Point #5 - 5.4 feet Lens used in photograph - 35 mm Horizontal Angle Zenith Angle Foresight Point On Photo 201 31' 81 24' A 206 53' 85 03' B 210 24' 85 11' C 213 09' 84 03' D 213 09' 83 00' E 4 • E. Looking east to the Gore Range from Gore Creek Drive between the Lodge at Vail retail shops and the Gore Creek Plaza Building. View Point #6 Instrument - View Point #6 Backsight - Traverse Point #2 Height of Instrument Above View Point #6 - 5.4 feet Lens used in photograph - 35 mm ` Horizontal Angle Zenith Angle Foresight Point on Photo 356 55' 81 00' A 357 32' 83 19' B 00 46' 83 13' C O 1 5 9' 8 5 2 6' D 12 43' 85 26' E 12 51' 80 10' F 12 12' 78 58' G 13 07' 73 06' H ' 18.73.030 - Limitations on Construction No structure shall be permitted to encroach above the view corridor boundary identified with the dashed tape set forth on each of the adopted photographs. The boundaries are determined by the legal descriptions listed in Section 18.73.020. Copies of the photographs and legal descriptions are on file with the Community Development Department. For the purposes of this Chapter, the term structure shall include, but not be limited to, new buildings, building expansions ~~emodels, mechanical equipment, vents, ducts, satellite dishes, fences, stoplights, light poles, utility poles, skylights or any similar objects. 18.73.040 - Mass and Bulk Controls A. Proposed Building Expansions in the Vicinity of Existing Encroachments When any proposed structure infringes upon a Town of Vail view corridor, but is located in front of or behind another structure 5 . which already encroaches into the same view corridor, the new structure shall not be permitted. B. View Corridor Heicrht Control If the maximum height allowed by the zoning code exceeds the resulting height limitation defined by the view corridor, the more restrictive height regulation shall apply. 18.73.050 - Submittal Rectuirements The following information shall be submitted along with a Design Review Board application, exterior alteration application, any variance application, or any other application that may pertain to view corridors, so that the Town staff can properly evaluate whether a structure complies with this view corridor chapter: A. Existing and proposed elevations of the development; B. Photographs taken from the adopted view point which indicate the present improvements which protrude into, or are in the vicinity of the view corridor, and a graphic representation on the photographs of how the proposed improvements will appear with relation to existing improvements and view corridor boundaries. Photographs to be submitted must be taken from the same point used to define the corridor, with the same lens size, and with the camera set at a height of 5.4 feet above the pavement. C. If necessary, the Community Development Department may require models, overlays, sketches, or other submittal materials which show the potential impact the structure could have upon the protected view corridor if constructed. 18.73.060 - Amendments and Appeals A. Amendments Amendments to adopted view corridors or the adoption of ` additional view corridors shall be initially reviewed by the Planning and Environmental Commission, which shall give a recommendation to the Town Council. The Town Council shall hear the proposal twice and shall approve it by two readings of an ordinance before the view corridor becomes officially adopted. No proposed structure may encroach into an adopted view corridor without an amendment to the established view corridor boundary. 6 , B. Appeals If a determination is made by staff that a proposed structure would encroach into an adopted view corridor, the applicant may appeal the determination to the Planning and Environmental Commission, according to Section 18.66.030. 18.73.070 - ExemAtions A structure which is presently located in an adopted view corridor may remain and, if destroyed by natural causes, may be replaced to its current size and height, provided such reconstruction takes place within one year following destruction. However, no existing structure located in a view corridor shall be expanded or enlarged. 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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. 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 5. The repeal or the repeal and reenactment of any provision 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7 . y_ ' INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon on the day of 1991, at the regular meeting of the Town-Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 8 . ` ~'1 ~ r ~ ; . _ ....._:}.,:~a..~_~ a . REC'~ APR 2 2 1991 CML Colorado Municipal League NEMORANDUH 1660 Lincoln Street, Suite 2100 Denver, Colorado 80264 (303) 831.641 1 IHHEDIATE ATTENTION REQUIRED To: Managers, Attorneys and Clerks.~~ From: Kathy Haddock, Staff Attorney Re: Legislation of Immediate Interest to Municipalities SB 33 Open Meetings Effective June 1, 1991 SB 69 Municipal Powers Effective April 4, 1991 Date: April 18, 1991 Both SB 33 and SB 69 were passed this session and are of vital importance to municipal governments. A full copy of SB 69 as enacted and Revised copy of SB 33 is attached. We are generally pleased with both bills and believe that they provide important guidelines to municipalities. However, we were unable to remove some provisions of SB 33 which impose additional burdens on local operations. SB 69 was sponsored by the League and includes many changes requested by our members. Following is a summary of each bill. The summary is not a substitute for careful reading of the bill. Please distribute this memo and the attached bills to the appropriate affected officials and personnel. SB 33 OPEN MEETINGS SB 33 repeals Section 29-9-101, the public meetings law under which local governments have been acting for decades, and places local governments within the state sunshine law, Section 24-6-401, et sea. The bill is effective June 1, 1991. We will have a 30 minute "short shot" presentation on this bill at 9:30 a.m. Thursday, June 20, 1991, at the CML Annual Conference in Vail. SB 33 divides the current sunshine law into two parts; one directed towards state levels of government, and the other directed towards local levels of government. SB 33 includes a legislative - declaration that meeting procedures are a matter of statewide concern and home rule cities are included within the definition of covered entities. However, the courts ultimately have to decide whether home rule municipalities are governed by local charter and ordinances or by the state law. 1 Meetings Required to be Open to the Public ' Section 24-6-402(2)(b) now provides: All meetings of a quorum, or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken, are declared to be public meetings open to the public at all times. Chance meetings or social gatherings at which discussion of public business is not the central purpose are excluded from the meetings required to be open to the public. Explanation: This provision is to require that any gathering of three or more members of a public body to discuss public business be open to the public. Note that this section does not specify that notice or minutes are required for all meetings. Important terms relating to this requirement are defined in the bill as follows (at Section 24-6-402(1)): "Local public. body" means any board, committee, commission, authority or other advisory, policy making, rulemaking or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision or an official thereof has delegated a governmental decision making function but does not include persons on the administrative staff of the local public body. "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, or by other means of communication. "Political subdivision of the state" includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district. Notice of Meeting Required Section 24-6-402(c) provides: Any meeting at which the adoption of any proposed policy, position, resolution, rule; regulation or formal action occurs, or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public ~ body shall be deemed to have given full and timely notice if 2 the notice of the meeting is posted in a designated public place within the boundaries of a local public body no less than 24 hours prior to the holding of the meeting. The public place or places for posting of such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. Explanation: The first sentence of this provision is directly from the old public meetings law (Section 29-9-101). The additional language incorporates the state language of "full and timely notice." We were concerned that this definition could be subject to various interpretations and litigation for our members; we thus secured a provision setting forth one definition of what constitutes full and timely notice. SB 33 allows notice of the meeting to be posted in the town or city hall at least 24 hours prior to the meeting, if the place is designated at the municipality's first meeting at the beginning of each calendar year. When possible the posting must include agenda information. The statute specifies that posting such notice is only one permissible means; any other method that provides "full and timely notice" may be used. Minutes of Meetings Reauired Section 24-6-402(d)(II) requires that: "Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection 4 of this section is held shall reflect the general topic of the discussion at the executive session. Explanation: This provision requires that minutes be taken of all meetings of a board of trustees, city council, planning commission, urban renewal authority, housing authority or any other body meeting the definition of local public body when in a formal meeting. If an executive session is held, the minutes must reflect the general topic of the discussion at the executive session. Some legislators expressed concern that, while the topic of an executive session may be announced prior to the executive session, once the executive session begins, there may be discussion of other matters. Therefore, minutes of a meeting at which an executive session is held must reflect the announced topic(s) of the executive session, the vote on holding the executive session, and the topic(s) that were in fact discussed. 3 E%ECUTIVE SESSION Procedure for Calling. Section 26-4-402(4) provides that an executive session may be called by a local public body upon a vote of two-thirds of a quorum present at the meeting. An executive session can be held only at a regular or special meeting and for the sole purpose of considering any of the matters listed in the statute. No final ' decision can occur at any executive session. Purposes for Executive Session, The authorized purposes for an executive session are listed in paragraph 24-6-402 (4) on page 10 of the Revised copy of the bill attached. Sanctions for Violation Action taken at a meeting that does not meet the requirements of subsection 2 are not valid." Subsection 2 requires that: (a) the meeting be open to the public; (b) full and timely notice of the meeting be provided to the public; (c) minutes of the meeting are taken and promptly recorded. The law grants authority to the court to issue injunctions to enforce the law. The court is required to award a citizens prevailing in such actions their costs and reasonable attorney fees. The government is awarded reasonable costs and attorney fees only if the court finds that the citizen action was frivolous, vexatious or groundless. Copy of Enacted SB 33 We anticipate the enacted form of SB 33 will be available after April 29. It will be reprinted in our Laws Enacted publication in July and available at the Annual Conference in June. SB 69 MUNICIPAL POWERS SB 69 includes many provisions affecting municipalities. The bill includes revisions requested by one or more of our members. It is important that you let us know when a provision of the statute should be added, changed or deleted as we run similar bills periodically. Following is a summary of some provisions of SB 69. ' Municipal Courts The bill eliminates the prohibition against paying substitute judges based on the number of cases that are heard. A municipal ~ court is also vested with the power to enforce subpoenas issued by 4 any board, commission, hearing officer, or other body or officer of the municipality. The fines and-penalties that may be imposed in ' municipal courts of record are increased from 90 days and $300 to one year and $1,000. The bill also clarifies that the judge has specific authority to assess costs against defendants who plead guilty or enter into a plea agreement as well as those defendants who go to trial. Restraining Orders . The bill expands the courts that have the power to issue temporary restraining orders pursuant to 14-4-102 to include municipal courts of record, if authorized by the municipal governing body. Tax Anticipation Warrants The definition of "governmental agency" in Section 30-20-301, et sea. is amended to include towns as well as cities so any municipality can issue tax anticipation notes. Open Records Laws The bill amends Sections 31-4-217 and 31-4-305 to provide that "records of the city or town shall be open to inspection at reasonable times and under reasonable regulations established by the city/town as provided by Article 72 of Title 24, C.R.S." This provision was needed to remove a discrepancy between these sections and provisions of the Open Records Act (Section 24-72-101, et sea., C.R.S.) under which all municipalities are subject. Town Officers/Marshal/Chief of Police Sections 31-4-304, 306, and 307 are amended to remove marshals as a statutorily required "officers" of the town and permit a town to appoint a marshal or a chief of police. Recall The bill includes an extensive rewrite of the municipal recall statute in order to clarify the procedures to be followed in a recall. The bill is intended specify recall procedures so that clerks, incumbents, and proponents of the recall know the rules ahead of time. Among its many provisions, the rewrite provides that a recall petition must be submitted to the clerk for approval of the form before circulation and must be circulated and submitted within 60 days after such approval. The bill allows the governing body to determine whether or not to reimburse the expenses of an incumbent who is not recalled or who succeeds in a protest hearing. 5 Elections Several changes to the Municipal Election Code were made at the suggestion of our municipal clerks. The change in Section 31-10- 302 requires registered electors to print their name and address on a nomination petition next to their signature. The bill also amends the time requirements for canceling of elections and the filing of write-in candidate affidavits in Sections 31-10-306 and 507. There was a practical problem in the way these sections worked before. While the law permits an election to be canceled if there are as many or fewer people running for election as there are vacancies, the election cancellation deadline occurred after ballots were printed and after the election notice had to be published. Thus the election could not be canceled until after most of the expense of an election had occurred. SB 69 changes the statutory deadlines to require write-in candidate affidavits to be filed 20 days before the election and permitting the clerk to cancel the election 19 days before the election (therefore, prior to the time of printing ballots and publication of the election notices). Municipal Minina Permits and Fees The bill also amends Section 34-32-110(8), -112(6), and -117(3) to treat municipal governments the same as county and state governments are presently. Governments are not required to pay a filing fee and can file consolidated permit applications. This may not have any practical effect if HB 1115 sponsored by Rep. Faye Fleming (R, Thornton), which eliminates these government exemptions, is enacted as drafted this session. KEH/bp 6 ~ ~ ^ 1991 \ LMe-awn3eiya3-judge-Ss-p.eM4DiLeC. SECTION 3. 13-10-112, Colorado Revised Statutes, 1981 Reol. 'lol., 1s amended to read: !3.10-112. Powers and procedures. (1) The municipal judge of any municipal court has all judicial powers relating / to the operation of his court, subject to any rules of ~ ~ procedure governing the operattan and conduct of muntcipnt courts promulgated by the Colorado supreme court. The presiding municipal judge of any awni~ipai Court has authority to issue local rules of procedure consistent with any rules of SENATE BILL 91-69. procedure adopted by the ColoraCO supreme court. BY SENATOR Allison; (2) THE JUDICIAL POWERS OF ANY MUNICIPAL JU06E SHALL also REPRESENTATIVES Entz, Ruddick, and Snyder. INCLUDE THE POWER TO ENFORCE SUBPOENAS ISSUED BY ANY 80AR0, COMMISSION, HEARING OFFICER, OR OTHER BOOM OR OffICER OF THE MUNICIPALITY AUTHORIZED 8Y LAW OR ORDINANCE TO ISSUE CONCERNING AMENDMENTS TO STATUTORY PROVISIONS REULTIN6 TO SUBPOENAS. MUNICIPAL POWERS PROVIDED IN ARTICLE 10 0f TITLE 13, SECTION 4. 13-10-113 (1) and (3) Colorado Revised ARTICLE 4 Of TITLE 14, ARTICLE 20 OF TITLE 30, ARTICLES Statutes, 1987 0.epl. Yol., are amended and the said 13-10-113 4, 10. AND 16 Of TITLE 31. ANO ARTICLE 32 Of TITLE 34, is `urther encoded BY THE ADDITION OF A NEW SUBSECTION, to COLORADO REVISED STATUTES. AS AMENDED. read: Be it enacted by the General Assembly of the State of Colorado: 13-10-113. Fines and penalties. (1) Any person SECTION 1. 13-10-105 (1) (b). Colorado Revised Statutes, convicted of violating a eunictpai ordinance IN A MUNICIPAL 1987 Repl. Vol., is amended to read: COURT Of RECORD may be tncarcerated for a period not to exceed Airaty--{ays ONE YEAR or fined an amount not to exceed three 13-10-105. Municipal .fudge - appointment - rengval. MrMre{ ONE THOUSAND dollars, or both. (1) (b) The eiuntctpnl governing Doily may appoint such aA{3i3a~a3-nr~4a3pa3-~w{gas-or assistant judges ns n4Y be (1.5) ANY PERSON CONVICTED Of YIOIATIN6 A MUNICIPAL necessary to act. OR SUCH SUBSTITUTE JUDGES AS CIRCUMSTANCES ORDINANCE IN A MUNICIPAL COURT WHICH IS NOT Of RECORD MAY BE MAY REQUIRE 1n case of temporary absence, sickness, INCARCERATED FOR A PERIOD NOT TO EXCEED NINETY GAYS OR .FINED disqualtflcation, or other inability of the presiding OR AN AMOUNT NOT 70 EXCEED THREE HUNDRED DOLLARS. OR 80TH. ASSISTANT municipal ~w{ge JUDGES to act. (3) The nunlclpal judge is .rail in his discretion SECTION 2. 13-10-107. Colorado Revised Statutes, 1487 to assess costs, a~a4~ti-any-{etew{a~i AS ESTABLISHED BY 7NE Repl. Voi., 1s encoded to read: MUNICIPAL GOVERNING BODY BY ORDINANCE, AGAINST ANY DEFENDANT WHO PLEADS GUILTY OR NOLO CONTENOERE OR WEN) ENTERS INTO A PLEA 13-10-107. Caoensation of eunicipal ,fudges. (1) The AGREEMENT OR who, after trial, 1s found guilty of an ordinance j vlolatton. L~~M-oasis-sha33-Mi-e~~ee~--t~tiee~--Oallar~--ter etunlctpal governing body shall provide by orb Hance for the ir3a3-ie-the-iewri-aM-tarty-five-{ellars-tar-ir3a~-by-fury. salary of the municipal jw{ge AND ASSISTANT JUDGES. Such salary shall be a fixed annual coeipensation end payable on n monthly or other perlodtc basis. THE MUNICIPAL GOVERNING BOOM SECTION 5. 14-4-102 (1) and (5), Colorado Revised MAY PAY ANY SUBSTITUTE JUDGE APPOINTED PURSUANT TO SECTION Statutes. 1987 Repl. Yol., as amended-, are amended to read: 13-10-105 (1) (D) BASED UPON THE Nl1MBER OF COUR1 SESSIONS SERVED BY SUCH JUDGE. 14-4-102. Restraining orders to prevent damrstie abuse. (1) zMe A MUNiCSPAt CWiti OF RECt7 0, 1F AUTHORIZED BY 7HE (2) paywe~i-at-any--tees--ar--after--ieaipa~aatia~--base{ MUNICIPAL GOVERNING BOOM, county court, and district court 13raei3y-aa-the-Mtadter-at-la{4vl{uaI•-eases-Handle{-ar-wear{-gy shall have authority to issue temporary and permanent restralnlrg orders to ~r!vent domestic abuse whether Or not capital letters indicate new material added to existing statutes; PAGE 2-SENATE BILL 91-69 dashes through words indicate de ;ettons from existing statutes and such material not pert of act. such relief could be obtained to a domestic relations action cew~iy GOYERNMENTAL aUENCY prior to the sale or issuance of fated in a district court, such warrants. ill warrants shalt be executed in such a manner and be payable serially in annual installments (S) Upon the filing of a complaint, duly verified, beginning not later than two years and extending not more Loan alleging that the defendant has committed acts constituting twenty years from the late thereof and at such place as the csiy-o?-ce~niy GOVERNMENTAL AGENCY determines. domestic abuse against the plaintiff ar a minor child of either of the parties, any fudge of a MUN1C[PAL, county, ar SECTION 10. 30-20-306, Colorado Revised Statutes, 198b district court, after hearing the evidence and being fully Rapt. Yol., is amended to rend: satisfied therein that sufficient causes exists, may issue a temporary restraining order to prevent domestic abuse and a 30-20-306. Revenue and sink'no `und - o'edoe of general citation directed to the defendant, commanding him to appear income OrohlDited. The offtcia~ legislative nody of any city before the court at a spectftc time and date, to show cause, 1f any, why said temporary restraining order should rat be as-6awaiy GOVERNMENTAL AGENCY is authorized to Set astde a made permanent. special sinking furM in the office of the city-aR-caw~ty treasurer as-iMe-aase-may-ba• OF THE GOVERNMENTAL AGENCY for SECTION 6. 30-20-301 (1), Colorado Revised Statutes, the payment of anttcipatton warrants authorized by and issued 1986 Repl. Voi., is amended to rend: under the provisions of this part 3 and for the payment of interest due an such warrants; except that the general income 30-20-301. Oef/nations. (1) •Governfnental agency' means of the ally-a*-ca~~iy GOVERNMENTAL AGENCY shall not De pledged any county or slay MUNICIPALITY to the state only, for the payment of the principal of the warrants and interest thereon. The oily treasurer es-cau~ty-ireasurte~T-as-iha-case SECTION 7. 30-ZO-302, Colorado Revised Statutes. 1986 M ~aay-ie. OF THE GOVERNMENTAL AGENCY shall deposit in said Repi. Yoi., 1s aaknded to read: stoking fund all rents. rayalttes, fees. rates, and charges derived fray or rendered by the project. 30-20-302. Public iarorovesents with/n and without boundaries. Any ally--ar--cweiy GOVERNMENTAL A6ENGY may SECTION il. 30-20-309, Colorado Revised Statutes. 1986 acquire. construct. maintain, add to, end 1a>prove any public Repl. Yol., is ascended to read: pro,)ect, which public protect may be located within or without or partly within and partly without the territorial 1lssits of 30-20-309. Oblioatlons Datable frgn project revenue such goverrrental agency. Nothing in tM s part 3 coal be constroed to wthorize or penalt any governa+ental agency to incur any obligation of SECTION 8. 30-20-303. Colorado Revised Statutes, 1986 any kind or nature, except wch es shall be payable solely Repi. Vol.. 1s amended to read: frost eaxrcys accruing to the special sinking fund created pursuant to section 30-20-306, an4 tt shall be plainly stated 30-20-303. Antlcipetlon warrants. far the purpose of on the face of each rarrant that has been issued under the defraying the cost of construction, erection. reconstruction, provlslons of this part 3 that it does not constitute an or iaprovesent of existing facilltles, the legislative body of indebtedness of the ally-a?-catnty GOVERNMENTAL AGENCY within any ally-ar-aaraty 60YERNMENTAL AGENCY ¦ay. pursuant to a the oteaning of any constltutlonal provision or limttation. resolution or ordinance, issue anttcipatton warrants. which SECTION 12. 31-4-207 (2), Colorado Revised Statutes. order, resolution, or ordinance shall set forth the proposed public project, the mount of warrants to be issued, and the 1986 Reel. Vol.,, as amended, is amended to read: ~a:citttua rate of interest. In every instance. the order, resolution, or ordinance shalt provide that the project is 31-4-207. Mavor - selection. (2) If the mayor is to De being uMertaken under the provlslons of this part 3. elected by popular vote, ne shall be elected by a Dlurality of the rotes cast for that office at the regular election in the SECTION 9. 30-ZO-305, Colorado Revised Statutes, 1986 city. Ne shall De a registered elector who has re:tded within Repi. Yol., 1s eteended to read: the litatts of the city for a period of at least twelve consecutive atonths ia~tedtately preceding the date of the 30-20-305. Terns and inters t. Ail anticipation warrants election; except that, in the case of annexation. any person who has resided within the annexed territory for the time issued under Lha provisions of to s part 3 shall Dear interest ~ rescribed in this subsection (2) shalt De deemed to have met at a rata rot exceeding a net effective Interest rate to be p ~ established by the official legislative body Ot the 6liy--at¦ the residence redulrements for the City to wh ch the territory PAGE 3-SENATE Bill 91-69 PAGE 4-SENATE BILL 91-64 SECTION 19. 31-4-502, Colorado Revised Statutes, 19&6 WARNING: Repi. Yol., is amended to read: IT [S AGAI!IST THE LAW: 31-4-502. Procedure - petition - signatures. (1) The FOR ANYONE TO SIGN THIS PETITION WITH ANY procedure to effect the recall of an elective officer of a i NAME OTHER tHAN ONE'S OWN OR 70 KNOWINGLY muntCipallty shall be as follows• I S[GN ONE'S NAME MORE THAN ONCE FOR THE • ~ SAME MEASURE OR i0 S1GN SUCH PETITION WHEN Eat--A-pei3iLaR,-53gneA-by-xe91'sLerea--elefiteri--eni4i3e9 NOT A REGISTERED ELECTOR. ia-vaie-Eor-a-aYECesfier-sE-The-SR6Yw9eRi-6eYgpi-ie-9e-re6a+:eA agYa~-3R-RY~Ger-ia-Lweniy-Etve-per6eni-sE-a3i-6a33oiE-6asi-Eer 00 NOT SIGN THIS PETITION UNLESS YOU ARE A a?•3--LMe--6aRASaates--Eer--ipat--parii6Ylar-oEE46e-ai-:be-Las: REGISTERED ELECTOR. TO BE A REGISTERED prece93Rq-.egYlar-elesiieR-3R-5a3A-wYR;6lpaliiy,-ae~aaR93Rg--aR ELECTOR, YOU MUST BE A CITIZEN OF COLORADO @3e6L3iR--6E--ip@--SY66e5S6r--L6--The--6EEiE6P--Raae9--iR-Said AND REGISTERED TO VOTE IN (NAME Of pei3L4aR-SAa33-Ae-EileC-IR-Lpe-oEEi6e-IR-wq~EM--p6iiLiens--Eer MUNICIPALITY). Raa~3Rai3aR--ia--Tae--aEEifie-MeiA-Cy-LAe-iREYePani-6aYgpi-ia-he •eEa33ed-ara-regYtreG-ia-de-E43eC. DO NOT SIGN THIS PETITION UNLESS YOU HAVE READ OR HAVE HAO READ TO YOU THE PROPOSED E9~--TYEq-pei4i3iR-spal•3-6aniaiR-a-general-siaieeeRL,--IR MEASURE IN ITS ENTIRETY AND UNDERSTAND ITS RiL--iwrQ-LAIR-LW-MYRAreC-MGPCS,-eE-Lp@-grOYRdi-iR-MM3Eh-aY6M MEANING. .e6a33--3s--s6Yghi,--whifiM--siaiemeRi--ii--lRieRCe~--Ear---ipe 3REarsai4aR-oE-iMe-re9ifiered-aie6tari. (b) DIRECTLY FOLLOWING THE WARNING [N PARAGRAPH (a) Of THIS SUBSECTION (1) SHALL BE PRINTED IN BOLD-FACED TYPE THE EE)--IAa--regiSLereA--e3efiiars--sha;,3--9e--Lpa--s@3e--and FOLLOWING: eK63Y5tva---9Yagei---oE---The--3ega3tiy,--reasaRableaess,--aRW sYEE3E4aRCy-at-sYEA-graYRds-ass4gneC-Ear-sYEh-raca33,-aR9-said PETITION TO RECALL (NAME OF PERSON SOUGHT graYMi-il~all-RYi-9e-open-ia-review. TO 8E RECALLED) FROM THE OFFICE OF (TITLE OF OFFICE). (a) (I) A PETITION CONTAINING THE REQUISITE NUMBER OF " SIGNATURES UNDER PARAGRAPH (d) OF THIS SUBSECTION (1) SHALL BE (c) NO RECALL PETITION SHALL BE CIRCULATED UNTIL IT HAS FILED IN THE OFFICE OF THE MUNICIPAL CLERK, DEMANDING AN BEEN APPROVED AS MEETING THE REQUIREMENTS OF THIS SECTION AS ELECTION Of A SUCCESSOR TO THE OFFICER NAMED IN THE PETITION. TO FORM. THE CLERK SHAH APPROVE OR DISAPPROYE A PETITION AS EACH PETITION SHALL DESIGNATE BY NAME AND ADDRESS NOT LESS TO FORM BY THE CLOSE OF THE SECOND BUSINESS' OAY FOLLOWING THAN THREE NOR MORE THAN FIVE PERSONS, REFERRED TO IN THIS SUBMISSION Of THE PROPOSED PETITION. THE CLERK SHALL MAIL SECTION AS THE 'COMMITTEE', WHO SHALL REPRESENT THE SIGNERS WRITTEN NOTICE OF SUCH CLERK'S ACTION TO THE OFFICER SOUGHT TO THEREOF IN ALL MATTERS AFFECTING THE SAME. THE PETITION SHALL BE RECALLED ON THE DAY THAT ANY SUCH PETITION IS APPROVED. CLEARLY INDICATE THE NAME Of THE MUNICIPALITY AND THE NAME Of THE OFFICER SOUGHT TO BE RECALLED. THE PETITION SHALL INCLUDE (d) THE PETITION SHALL BE SIGNED 8Y REGISTERED ELECTORS THE NAME OF ONLY ONE PERSON TO BE RECALLED. THE PETITION ENTITLED TO VOTE FOR A SUCCESSOR OF THE INCUMBENT SOUGHT TO BE SHALL CONTAIN A GENERAL STATEMENT. IN NOT MORE THAN TWO RECALLED EQUAL IN NUMBER TO TWENTY-FIVE PERCENT OF THE ENTIRE HUNDRED "WORDS. OF THE GROUNDS ON WHICH THE RECALL IS SOUGHT, VOTE CAST FOR ALL THE CANDIDATES FOR THAT PARTICULAR OFFICE AT WHICH STATEMENT SHALL BE INTENDED FOR THE INFORMATION Of THE THE LAST PRECEDING REGULAR ELECTION HELD IN THE MUNICIPALITY. ELECTORS Of THE MUNICIPALITY. SUCH ELECTORS SHALL 8E THE SOLE IF MORE THAN ONE PERSON IS REQUIRED BY LAW TO 8E ELECTED TO AND EXCLUSIVE JUDGES OF THE LEGALITY. REASONABLENESS, ANO FILL THE OFFICE Of WHICH THE PERSON SOUGHT TO BE RECALLED IS SUFFICIENCY OF THE GROUNDS ASSIGNED FOR RECALL, ANO SA1D AN INCUMBENT, THEN THE RECALL PETITION SHALL BE SIGNED 8Y GROUNDS SHALL NOT BE OPEN TO REVIEW. REGISTERED ELECTORS ENTITLED TO VOTE FORA SUCCESSOR TO THE c PERC~ENT~Of~E ENTIRE VOTELLCASTEAT~THENLAST PRECED[NGNREGUILAR (II) THE SIGNATURES TO A RECALL PETITION NE~O NOT ALL BE ELECTION HELD IN THE MUNIC[PAIITY FOR ALL CANDIDATES FOR THE ON ONE SHEET OF PAPER. AT THE TOP OF EACH PAGE SHALL BE OFfiCE TO WHICH THE INCUMBENT SOUGHT TO 9E RECALLED WAS PRINTED. IN BOLO-FACED TYPE, THE FOLLOWING: ELECTED AS ONE OF THE OFFICERS THEREOF, SUCH ENTIRE VOTE BEING DIVIDED 8Y THE NUMBER OF All OffICERS ELECTED TO SUCH OFFICE AT THE LAST PRECEDING REGULAR ELECTION MELD IN THE PAGE 7-SENATE BILL 91-69 PAGE 8-SENATE BILL 91-69 was annexed. The mayor shalt assume his office at the next passed Dy the hoard of trustees. ipe--FefierAT--ai--any--ilmer regularly scheduled meeting of the city council following his sha:l--ye-open-Eer-i>,e-inspe6iion-af-gYalit3e9-e3eciaRS-aE-Ike election or upon such earlier date as the council may specify. :awn. RECORDS OF THE TOMN SHAII 8E OPEN TO INSPECTION AT All He shalt hold his office far a term of two years. AT THE SAME REASONABLE TIMES ANO UNOER REASONABLE REGUlATI0N5 ESTABLISHED MEETING Of THE CITY COUNCIL, THE CITY COUNCIL SHALL CHOOSE, 9Y 8Y THE TONN AS PROV[DEO 8Y ARTICLE 72 Of TITLE 24, C.R.S. A MAJORITY VOTE. ONE OF ITS MEMBERS TO ACT AS 4AYCR PRO TEM IN 7HE TEMPORARY ABSENCE OF THE MAYOR. THE CITY COUNCII MAY _ SECTION 16. 31-4-306, Colorado Revised Statutes, 1986 APPOINT ONE OF ITS MEMBERS ACTING MAYOR iN THE EVENT 80TH THE Repl. Vol., is amended Co read: MAYOR AND THE MAYOR PRO TEM ARE TEMPORARILY ABSENT FRCM THE CITY OR UNABLE TO PERFORM THE DUTIES OF THE MAYOR. In case of 31-4-306. Marshel or chief of oollce - powers and a vacancy in the office of the mayor, the city council shall duties. The marshal saa33--ice-an-aF€t6e?-aE-she-i6wrl-anA OR choose his successor for the unexpired term. CHIEF Of POLICE shell have the same power that sheriffs have Dy law, coextensive with the county 1n cases of violation of SECTION 13. 31-4-217, Colorado Revised Statutes, 198b town ordinances, for offenses coatoitted within the limits of Repl. Voi., is amended to read: the town. He shall execute all writs and processes directed to him Dy the municipal fudge in any case arising under a town 31-4-217. Publicity of records. A~3-Pefie?dS-aRd-d66eYRi5 ordinance and retelve the same fees for his services that at-every-ra~f3fie-a?W-aeparime~i-of:-she-64Ly-SAall--9e--epee--ta sheriffs are allowed 1n similar cases. irasPe6iier.--fy--any--6iiiaem-ai-a33-sQasonabl•e-tomes-ar?A-Yn6e• ~easar?able-.egYlai~a~6-esiaS33sheC-ay-the-fi4iy-ma~agerr-e¦sepi •SECTION 17. 31-4-307, Colorado Revised Statutes, 1986 6Y6M-r+efitatJs-aAd-4asYa~er,is-iMe-d3fic3asYre-eE-whi6A-wiY;d--tenC Repl. Yo l., 1s amended to rend: ta--/aEeai--she--3awiY~--pY•pose--wh36A--ikey--a?e-4~ien9e4-io a66amp~4sh. RECORDS Of THE CITY SHALL 8E OPEN TO INSPECTION 31-4-307. Removal cf officers - causes - notice. By a AT REASONABIE TIMES AND UNDER REASONABLE REGULATIONS ma3artty vote of all members of the Doard of trustees, the ESTABLISNEO BY THE CITY AS PROVIOEO BY ARTICLE 12 Of TITLE 24, mayor, the clerk, the treasurer, LAe-ma?sha3, any member of C.R.S. the board, or any other officer of the town malt' be removed from office. No such removal shall be made without a charge in SECTION 14. 31-4-304. Colorado Revised Statutes. 1986 writing and an opportunity of hearing being given unless the ReDI. Voi., 1s amended to read: officer against whoa the charge is made has moved out of the limits of the town. Nhen any officer tenses Lo reside within 31-4-301. Appolntaent of officers -compensation. The the Batts of the tam, he may be reeved from office pursuant board of trustees shall appoint a clerk, treasurer, ma?sMa7* to this section. A municipal fudge may be removed during fits and town attorney, or shall provide Dy ordinance for the tern of office only for Cause, as set forth /n section election of such officers, and may appoint such other 13-10-105 (2), C.R.S. officers, Including a town adainfstrator, as it deems necessary for the good government of the corporation, end 1t SECTION 16. 31-4-401 (2), Colorado Revised Statutes. shall prescribe Dy ordinance their duties when the same are 1986 Repl. Vol., as amended, is amended to read: not defined by law and the compensation or fees they are entitled Co retelve for their services. The board of trustees 31-4-401. Oath of officers - bonds - waiver - declaring say require of them an oath of office and a band, with surety, office vacant. (T) the governing body of any city or tarn for the faithful discharge of their duties. The election of s7ra33 MAY require. from the treasurer and such other officers officers shall De at the regular election. and no appointment as tt detenaines proper, a bond, with proper penalty and of any officer shall continue beyond thirty days after surety, for the care and disposition of municipal funds in compliance with section 31-4-401 by the sesbers of the their hands and the faithful discharge of the duties of their succeeding bwrd of trustees. offices. Such governing body has the power to declare vacant the offlCe of any person appointed or elected to any office SECTION 15. 31-4-305, Colorado Revised Statutes. 1986 who fails to take the oath gf office or give bond when Rcpt. Vol., is amended to read: required within ten days after he has been ratified of his appointment or election, and it shall proceed to appoint his 31-4-305. Clerk - duties. The clerk shall attend all successor as 1n other cases of vacancy. iAe--gavaraiRg--faCy seetings of the Doard of trustees and make a true and accurate may-waive-sha-ragY3reMt?i-ai-sYC~-bads. record of all the proceedings. rules, and ordinances made and PAGE 5-SENATE BILL 91.69 PAGE 6-SENATE BILL 91-69 TIME OF SIGNING A REGISTERED ELECTOR, AND THAT THE AFFIANT MUNICIPALITY, NEITHER HAS PAID NOR SHALL PAY ANO THAT THE AFFIANT BELIEVES THAT NO OTHErT PERSON HAS SO PAID OR SHALL PAY, DIRECTLY OR SECTION 20. 31-4-503 (1), (2), (3), and (a), Colorado INDIRECTLY, ANY MONEY OR OTHER THING Of VALUE TO ANY SIGNER Revised Statutes, 1986 Repl. Val., are amended to read: FOR THE PURPOSE Of INDUCING OR CAUSING SUCH SIGNER TO S[GN SUCH PETITION. 31-4-503. Petition to sections - signing - affidav!t - review - tampering wi[n petition. (1) Any recast petition may (d} ANY DISASSEMBLY OF THE PETITION NHICH HAS THE EffECT be circulated and signed in sections, i€ BUT each section OF SEPARATING THE AFFIDAVITS FROM THE SIGNATURES SHALL RENDER ssptaips SHALL CONTAIN a full and accurate copy of the title THE PETITION INVALID AND Of NO FORCE ANO EFFECT. and text of the petttion. E2;--A;3-hearipgs-shal3-he-9e€are-the-sE€icer--with--where (2) (a) The signatures te-sYSh-eesa3l-petiiiep need not sYih--pretest-is-Elled,-aRA-ill-tes:sewRy-shall->re-YRAer-sash. all De on one sheet of paver. 9Yt-eaEA-signer-shall-ad9-:s-h+5 tYiM-heartpgs-shall-9e-sYawaRy-aRa-Ret-sYC~eit-ts--9e3ay.--aRA signs:Yre--the-sate-aE-4i5-s3gRipg-SatA-peiitieR-aRA-ass-p3aee sha;;--be--6spilY9ed-wiihiR-thirty-Aays-aE:er-iY6h-petitisp-ii 9E-fesidepse,-9ivsRg-his-street-RYwlbers-i€--spy,---Ihe--perssp tileCT-apr-the-?esYlt-:haresE-sha;3-9e-ESrihwith-semiEiet--is iiriYlatipq--sYSh--sheet--shall--~eahe-aRd-sYhscrii,e-ap-ea:h-aR the--periepi--repre5@ptiRg--thl--siyRers-e€-SYih-pltitilR.--IR saiA-iheei-that-thl-sigpa:Yves--iheresp--are--gepYiper--apA--a Lase-the-?atitisp-ls-psi-iY€€ieieniT-it-¦ay--de--withArawp--by false--eathv--wil3€Ylly-ss-+eaAe-ap9-sYtass*iAeC•Dy-sYeh-pesseR, Lhe--perssp--s.--a--ea~aR4ty--aE__=ke-parssps-sepsssep:ipg-the 3i-per~Yry--ip--the--sesspA--Aeg>=ee,--as--AeEiReA--ip--set:ieR sigpars-st-sYih-petitisp-aRd*-withip-Eitteep-OAys--thereaEierT 19-8-iGh--C.R.t.r-aRA--sha3l--tie--pYpisMCle--as--sYih.--A33 eay--bl--ase?NN--aRd--?eEi3eC--as--ap-artigipal-peiitiep.--iAe petitisps-arl-sYEEliilpt-iE-they-aPPear-is-be--s3gpeA--try--the E3Mipg-ai-ts-the-sYE€litepiy-sE-spy-peiiiisp-may-le--reviewed regYisiie-pYerDer-s€-sigpers-whs-are-Regisiere~-alesisrs-Ypless dy_--the---C4saiet---esero--€eR--the--ieYRiy--ip--which--sYiM a__prstlsi--ip--writipg--Ypder--sash-is-€iled-ip-the-s€€iee-iR ewpisipality-is-lsiaieC-vpsp-app;ieaiisR-sE-the--perssp--sr--a which-sYSh-peiiiisR-has-been-Ei3eA-dy-sse~e-registereA--e3eetar e~a3oriiy--st--the--perssps--represeptipg--the--sippers-sf-sYih withip-E;ELeap-Cays-aEte.-sYCh-petitisp-is-Eile~-iesitpg-€sr:h peiitiept--tiYt--sYSh--?eview--steal;--ire--haO--aRA---Ae:et°+iipeA 6pesiEieally--the--9rsYp~s--st--sYSk--prsiest}--whereYpsR.-the €erthwith.---=he--tYEEisiepsy--sr--the--AetereiipaiisR--sE--the sEEiier-with-wkse~-iYih-petit;isp-is-filer-shall-€srthwith--~eail sYE€isieply--sl-the-peiitisa-reRerre/-tl-ip-this-sesiisp-steal; a--rslpy--sE-sYSh-pretest-is-the-PerssRS-Raeed-iR-sYih-petiileR pct-dl-he;~-sr-sspstrYd-ts-refer-ts-the-grsYpOs--assigpe0--ip as-represeptipg-the-tippers-iherest,-isgeiher--with--a--Rstiie iY6h--peiitisp--Esr--iha--recall-sf-the=ipcYnOlpt-ssYght-tl-Oe Eipipg-a-siM-€sr-hearipg-sYih-pretest-psi-less-chap-Eivl-Aays rasa;lad-Ersei-the-attis:e-thanYy. plr--e>ore-chap-cep-dgYS-aster-srsA-pause-is-eui;et. ALL SUCH RECALL PETITIONS SMALL Bf FILED IN THE OFFICE Of THE MUNICIPAL (3) (a) THE MUNICIPAL CLERK SNALI ISSUE A WRITTEN ; CLERK NITHIN SIXTY DAYS FROM THE DATE ON WN[CH THE MUNICIPAL DETERMINATION THAT A RECALL PETITION IS SUFFICIENT OR NOT CLERK APPROVES THE PETITION AS TO FORM. SUFFICIENT BY THE CLOSE Of BUSINESS ON THE FIFTH BUSINESS OAY AFTER SUCH PETITION IS FiLEO OR, IF SUCH DAY IS NOT A REGULAR (b) ANY RECALL PETITION SHALL BE SIGNED ONLY BY BUSINESS DAY, ON THE FIRST REGULAR BUSINESS OAY THEREAFTER, REGISTERED ELECTORS USINii THEIR OWN SIGNATURES, AFTER WHICH UNLESS A PROTEST HAS BEEN F[LEO PRIOR TO THAT GATE. THE CLERK EACH SUCH ELECTOR SHALL PRINT OR, IF SUCH ELECTOR IS UNABLE TO SHALL FORTHWITH MAIL A COPY OF SUCH WRITTEN DETERMINATION 10 DO SO, SHALL CAUSE TO BE PRINTED SUCH ELECTOR'S LEGAL NAVE, THE OFFICER SOUGHT TO BE RECALLED AND TO THE COMMITTEE. ANY THE RESIDENCE ADDRESS OF SUCH PERSON, INCLUDING THE STREET AND SUCH PETITION SHALL BE 6EEMED SUFFICIENT If THE MUNICIPAL NUMBER. IF ANY. AND THE DATE Of SIGNING THE SANE. CLERK DETERMINES THAT IT WAS TIMELY FILED, HAS ATTACHED THERfTO THE REQUIRED AFFIDAVITS, AND WAS SIGNED BY THE (c) TO EACH SUCH PETITION OR SECTION THER£Of SHALL Bf RfQUISITE NUMBER Of REGISTERED ELECTORS Of THE MUNICIPALITY ATTACHED AN AFfIDAYIT Of SOME REGISTERED ELECTOR STATING THE WITHIN SIXTY DAYS FOLLOWING THE DATE UPON NHICH THE CLERK AFFIANT'S ADDRESS, THAT THE AFFIANT IS A REGISTERED ELECTOR, APPROVED THE FORM OF THE PETITION. THE CLERK SHALL NOT REMOVE THAT THE AFFIANT CIRCULATED THE SA10 PETITION, THAT THE THE SIGNATURE Of AN ELECTOR FROM THE PETITION AFTER SUCH AFFIANT MADE NO MISREPRESENTATION OF THE PURPOSE OF SUCH PETITION IS FILED. If A PETITION IS DETERMINED 8Y THE CLERK PETITION TO ANY SIGNER THEREOF, THAT EACH SIGNATURE THEREON TO BE NOT SUfFICIENT, THE CLERK SHALL IDENTIFY THOSE PORTIONS WAS AFFIXED IN THE AFFIANt'S PRESENCE. THAT EACH SIGNATURE Of THE PETITION THAT ARE NOT SUFFICIENT AND THE REASONS THEREON IS THE SIGNATURE OF THE PERSON WHOSE NAME IT PURPORTS THEREFOR. TO BE. THAT TO THE BEST Of THE KNOWLEDGE ANO BELIEF Of THE AFFIANT EACH OF THE PERSONS SIGNING SAID PETITION WAS AT THE PAGE 10-SENATE BILL 91-69 PAGE 9-SENATE BILL 91-69 (b) A PROTES? IN WRITING UNDER OATH MAY BE FILED iN THE SUCH MUNICIPALITY OR PORTION THEREOF IS LOCATED UPON OFFICE OF THE MUNICIPAL CLERK 8Y SOME RE^u!$TERED ELECTOR WHO APPLICATION Of EITHER THE OFFICER SOUGHT TO BE RECALLED OR THE RESIDES IN THE MUNICIPALITY WITHIN FIFTEEN DAYS AFTER SUCH OFFICER'S REPRESENTATIVE OR A MAJORITY OF THE COMMITTEE, BUT PETITION IS FILED SETTING FORTH SPECIFICALLY THE GRCUNOS CF SUCH REVIEW SHALL 8E HAO ANO DETERMINED FORTHWITH. THE SUCH PROTEST. GROUNDS FOR PROTEST MAY INCLUDE, 9UT SHALL NOT SUFFICIENCY OR THE DETERMINATION OF THE SUFFICIENCY Of THE BE LIMITED T0, THE FAILURE OF ANY PORTION Of A PETITION OR PETITION REFERRED TO IN THIS SECTION SHALL NOT 8E HELD OR CIRCULATOR AFFIDAVIT OR PETITION CIRCUL,ITOR TO MEET THE CONSTRUED TO REFER TO THE GROUNDS ASSIGNED !N SUCH PETITION REQUIREMENTS Of THIS SEC1fON. THE MUNICIPAL CLERK SHALL FOR THE RECALL OF THE INCUMBENT SOUGHT TO 8E RECALLED FROM THE FORTHWITH MAIL A COPY OF SUCH PROTEST TO THE COMMITTEE NAMED OFFICE THEREBY. IN THE PETITION A$ REPRESENTING THE SIGNERS THEREOF ANO 70 THE COUNTY CLERK AND RECORDER, TOGETHER WITH A NOTICE FIXING A (4) Whcn such RECALL petition is DETERMINED sufficient, TIME FOR NEARING SUCH PROTEST NOT LESS THAN FIVE NOR MORE the ett#ser-w#iM-wkee-SYSA-se6a33-pettt#en-was-E#3eA MUNICIPAL THAN TEN DAYS AFTER SUCH NOTICE IS MAILED. THE COUNTY CLERK CLERK shall forthwith submit said petition, together with a ANO RECORDER SHALL, UPON RECEIPT OF SUCH NOTICE, PREPARE A certificate of its sufficiency, to the governing body of such REGISTRATION LIST PURSUANT TO SECTION 31-10-205 TO BE UTILIZED municipality wM#Gp AT THE FIRST MEETING Of SUCH BOOM FOLLOWING IN DETERMINING WHETHER SUCH PETITION IS SUFFICIENT. EVERY EXPIRATION OF THE PERI00 WITHIN WHICH A PROTEST MAY BE FILED, HEARING SMALL BE BEFORE THE MUNICIPAL CLERK WITH WHOM SUCH OR AT THE FIRST MEETING OF SUCH BODY FOLLOWING THE PROTEST IS FILED, WHO SHALL SERVE AS HEARING OFFICER UNLESS DETERMINATION OF A HEARING OFFICER THAT A PETITION IS SOME OTHER PERSON IS OESIGNATE0 8Y THE GOVERNING BODY AS THE SUFFICIENT, WHICHEVER IS LATER. IF THE OFFICER SOUGHT TO BE HEARING OFFICER, ANO THE TESTIMONY IN EVERY SUCH HEARING SHALL RECALLED DOES NOT RESIGN WITHIN FIVE DAYS AFTER THE CLERK BE UNDER OATH. THE HEARING OFFICER SHALL HAVE THE POWER TO DETERMINES THE PETITION TO BE SUFFICIENT, THE GOVERNING body ISSUE SUBPOENAS ANO COMPEL THE ATTENDANCE Of WITNESSES. SUCH shall thereupon order afld fix A Lhe date ha#A#Rq-it,e FOR THE A HEARING SHALL BE SUMMARY AND NOT SUBJECT TO DELAY AND SHALL RECALL election TO 8E HELD not less than thirty days nor more BE CONCLUDED WITHIN THIRTY DAYS AFTER SUCH PETITION IS FILED. than s#~iy NINETY days after FROM the date of submission of NO LATER THAN FIVE DAYS AFTER THE CONCLUSION OF THE HEARING, sa#C THE petition; BUT, if a regular election 1s to be held THE HEARING OFFICER SHAH ISSUE A WRITTEN DETERMINATION OF within ninety days after the date of submission of said WHETHER THE PETITION IS SUFFICIENT OR NOT SUFFICIENT. IF THE petition. the recall election shall be held as a part of said HEARING OFFICER DETERMINES THAi A PETITION [S NOT SUFFICIENT, regular election; EXCEPT THAT, IF THE OFFICER SOUGHT TO BE HE SHALL IDENTIFY THOSE PORTIONS OF THE PETITION WHICH ARE NOT RECALLED IS SEEKING REELECTION AT SAID REGULAR ELECTION, ONLY SUFFICIENT ANO THE REASONS THEREFOR. THE RESULT OF SUCH A THE QUESTION OF SUCH OFFICER'S REELECTION SHALL APPEAR ON THE HEARING SHALL BE FORTHWITH LERTIfIEO TO THE COMMITTEE AND THE BALLOT. IF A SUCCESSOR TO THE OfF[CER SOUGHT TO BE RECALLED OFFICER SOUGHT TO BE RECALLED. I$ TO BE SELECTED AT SUCH REGULAR ELECTION ANO THE OFFICER SOUGHT TO BE RECALLED IS NOT SEEKING REELECTION, THE QUESTION (c) IN CASE THE RECALL PETITION IS NOT SUFFICIENT, IT Of SUCH OFFICER'S RECALL SHALL NOT APPEAR ON THE BALLOT Of MAY BE WITHDRAWN 8Y A MAJORITY Of THE COMMITTEE AND, WITHIN SUCM REGULAR ELECTION. FIFTEEN DAYS AFTER THE MUNICIPAL CLERK OR HEARING OFFICER ISSUES A WRITTEN DETERMINATION THAT THE PETITION IS NOT SECTION 21. 31-4-504, Colorado Revised Statutes, 1986 SUFFICIENT, MAV BE AMENDED BY THE ADDITION OF ANY REQUIRED Repl. Vol., is amended to read: INFORMATION RELATING TO THE SIGNERS THEREOF OR THE ATTACHMENT OF PROPER CIRCULATOR AFFIDAVITS AND REFILEO AS AN ORIGINAL 31-4-504. Resignation - vacancy fllitd - election - PETITION; EXCEPT THAT ANY PETITION AMENDED AND REFILEO AS ballot - naalnatton. (1) [F aN OFFICER RESIGNS AT ANY TIME PROVIDED IN THIS PARAGRAPH (c) MAY NOT AGAIN 8E WITHDRAWN ANO BEFORE SHE CALLING Of THE RECALL ELECTION BY THE GOVERNING REFILEO. THE MUNICIPAL CLERK SHALL ISSUE A WRITTEN BOOM. ALL RECALL PROCEEDINGS SHALL BE TERMINATED, ANO THE DETERMINATION THAT SUCH REF[lE0 PETITION IS SUFFICIENT OR NOT VACANCY CAUSED 8Y SUCH RESIGNATION SHALL BE FILLED AS PROVIDED SUFFICIENT WITHIN FOUR BUSINESS DAYS AFTER SAID PETITION I$ BY LAW. FILED. ANY PROTEST CONCERNING THE REfIIED PETITION SHALL 8E FILED WITHIN FIVE BUSINESS DAYS Of THE DATE ON WHICH SUCH fib (2) If such officer otters--h#s-?es#gMai#awt-#>; PETITION WAS REFILED, ANO AMY HEARING SNALI BE CONDUCTED AS sMa13-be-ae~etata~,-a~W RESIGNS AFTER THE CALLING Of THE RECALL PROVIDED IN PARAGRAPH (b) Of THIS SUBSECTION (3). ELECTION BY THE GOVERNING 800Y, the vacancy caused by such resignation or fray any other cause shall be f111ed as (d) THE FINDING AS TO THE SUFFICIENCY Of ANY PETITION provided by taw, but the person appointed to f111 such vacancy MAY BE REVIEWED BY THE DISTRICT COURT FOR THE COUNTY IN WHICH shall hold his office only until the person elected at the PAGE il-SENATE BILL 91-69 PAGE 12-SENATE BILL 91-b9 recall election compiles with section 31-4-401. EXCEPT AS (h) ABSENTEE BALLOTS SHALL BE AVATLABIE NO IFTER THAN PROVIDED IN SECTION 31-4-503 (4), if such officer does not TEN DAYS BEFORE THE RECALL ELECTION. resign within five days after the s~E4#e#eney-of-Lpe-recall pet#i#e~-Mai-beer-s~5ta#neA CALLING OF THE RECALL ELECTION OY (c) THE ABSENTEE POLLING PLACE IN THE OFFICE OF THE THE GOVERNING BOOM, the governing body shall cause notice to MUNICIPAL CLERK SHALL BE OPEN DURING REGULAR BUSINESS HOURS be published for the holding of such election, and the same BETWEEN THE TENTH ANO FIFTH BUSINESS DAYS PRECEDING THE RECALL shall be conducted and returned and the result thereof ELECTION. declared in ail respects as 1n the case of regular elections. Ei} (6) tf a majority of those voting on said question E2} (3) (a) On the official ballot at such elections of the recall of any incumbent from offiee vote "no", said shall be printed, in not more thnn two hundred words, the incumbent shall continue in sa10 office. If a mnJortty vote reasons set forth in the Detition far demanding his recall, "Yes", such incumbent shall be removed from such office upon and, in not more than three hundred words, there shall also be compliance with section 31-4-401 by his successor. printed, 1f desired by him, the officer's Justification of his course 1n office. If such officer resigns at any time Ei} (7) If the vote In such recall election recalls the subsequent to the €#3#ny--eE--such--pet#i#c~ CALLING OF THE officer, the candidate who has received the highest number of RECALL ELECTION, the recall election shall be calleA HELD, votes for the aftlce,thereby vacated shalt be declared elected notwithstanding such resignation. for the remainder of the term, and a certificate of election shall be forthwith issued to him Dy the canvassing board. In Ei} (b) There shall be printed on the official ballot, case the person who received the highest number of votes fails as to every officer whose recall is to be voted on. the words, to comply with section 31-4-401 wlthtn fifteen days after the "Shall (nacre of person against while recall petltlon is filed) issuance of a certlflcnte of election, OR IN THE EVENT NO be recalled from the office of (title of office)?'. Following PERSON SOUGHT ELECTION, the office shall be deemed vacant and such question shall be the words 'yes" and 'no' on separate shall be filled according to law. lines with a blank space at the right of each in which the voter shall indicate, by marking across mark (X), his vote t;3}--CaM#1ate5--€er--iMe--c€€#ce--may--be--sae#nateC--9y for or against such recall. pet3i#cw--ai-prcv#fed-by-lawT-wA#cM-pei#t#en-sMall•9e-€#lea-sn the-c€€#ce-3w-wM#cM-pet#t#ens-€cr--nc~e#paiten--te--o€€#ce--are E43 (c) On such ballots. under each question. there req~#re~--~y-law-ie-ie-€#le9-gat-leis-thaw-t#€teen-Gays-9e€ere shall also be printed the neues of those persons who have been itch-recall-elect#aw. ngeinated as candidates to succeed the person sought to be recalled, but no vote cast shall be counted for any candidate SECTION 22. 31-4-504.5 (1), (3), and (4); Colorado for such office unless the voter also voted for or against the ~ Revised Statutes, 1486 Repl, Vol., are amended to ttad: recall of such person sought to be recalled froe? said office. The masse of the person against wham the petltlon is filed 31-4-504.5. Incumbent not ttcailed - reimbursement. shall not appear on the ballot ns a candidate for the office. (1) if at any recall election the incumbent whose recall is ALL CANDIDATES ON THE BALLOT SHALL BE LISTED IN ALPHABETICAL sought is not recalled, OR IN THE EYENT OF A PROTEST, THE ORDER. HEARING OFFICER DETERMINES THAT THE PETITIONS ARE NOT SUFFICIENT BASED UPON THE CONDUCT ON THE PART OF PETITION (4) CANDIDATES FOR THE OFFICE AT A RECALL ELECTION MAY BE CIRCULATORS, THE MUNICIPALITY MAY REPAY THE INCUMBENT Me-shall NOMINATED 8Y PETITION AS PROVIDED IN SECTION 31-10-302; EXCEPT Ye-rapa#~-trai-the--state--ireacwry for any money actually THAT NOMINATING PETITIONS MAY BE CIRCULATED BEGINNING ON THE expended by--h#m as expenses of such election when such FIRST BUSINESS DAY AFTER THE GOVERNING BOOM SETS THE DATE FOR expenses are authorized by this sect ton. THE RECALL ELECTION ANO SHALL BE FILED NO LATER TNAN FIFTEEN DAYS PRIOR TO SUCH RECALL ELECTION, (3) The lncuabent shall file a complete and detailed request for reimbursement w#iM#~-s#xty-Rays-a€ter-she-Aail-c€ (5) (a) APPLICATIONS FOR ABSENTEE BALLOTS SHALL 8E MADE iMa--recall--eleci#ae with the governing body of the AVAILABLE 8Y THE MUNICIPAL CIERK NO LATER THAN TWENTY-FOUR munlclpality holding the recall election OR PROTEST HEARING. HOURS AFTER THE GOVERNING BODY FIXES THE DATE FOR THE HOLDING who WHICH shall then review the reimbursenw•nt request for OF THE RECALL ELECTION THROUGH THE CLOSE Of BUSINESS ON THE appropriateness under subsection (2) of this section, ana FIFTH DAY BEFORE THE RECALL ELECTION. re€er-such-regwii~-w#ih-recaaweadat#e~s,--to--tha--ca*traller w#ih#~--iM#riy-da4y5-a€ier-recetpi-a€-tMa-re#~ep~r5ewent-regweit PAGE 13-SENATE BILL 91-69 PAGE 14-SENATE BILL 91-69 AND, IN tHE EVENT THE MUNICIPALITY HAS DETERMINED 8Y ORDINANCE (4) No petition is valid that does not contain the TO REPAY SUCH EXPENSES, SUCH MUNICIPALITY SHALL REPAY SUCH requisite number of signatures of registered electors. Any EXPENSES WITHIN FORTY-FIVE DAYS OF RECEIPT OF THE REQUEST. SY6M petition may be amended Sn-skis-pespest TO CORRECT OR REPLACE THOSE SIGNATURES WHICH THE CLERK FINDS ARE NOT [N (4) Ipe--genepal--asses93y--shall-ppevige-apppeppiatieras APPARENT CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION at €ep-sL6p-pwvpase,-9vt-Sa-ne-evens-shall-epe--sus--appFeppiate9 any time prior to twenty-two days before the day of election. eMCeeA-an-arAe~nt-egwal-te-Len-seats-Sep-veSep. - SECTION 25. 31-10-306, Colorado Revised Statutes. 1986 SECTION 23. 31-10-205, Colorado Revised Statutes, 1986 Repl. Vol., 1s amended to read: Repl. Vol., as amended, is amended to read: 31-10-306. Write-1n candidate affidavit. The governing 31-10-205. Reatstratton lists. The county clerk and body of a municipality may provide by ordinance that no recorder of each county, no later than the fifth day preceding write-1n vote for any municipal office shall be counted unless any municipal election in his county OR UPON RECEIPT OF THE an affidavit of intent has been filed with the clerk by the NOTICE MADE PURSUANT TO SECTION 31-4-503 (3) (b), shall person whose name is written in prior to €Sve TWENTY days prepare a cosplete copy of the list of the registered electors before the d+ty of the election indicating that such person of each municipal election precinct which is located within desires the office and is qualified to assume the duties of his county and 1s involved in such municipal election; Dut, that office if elected. in any municipal eiectlon precinct consisting of ore or more whole general election precincts, the county registration SECTION 26. 31-10-507, Colorado Revised Statutes, 1986 books for such precinct s4Y be used 1n lieu of a separate Rep1, Voi., 1s amended to read: registration list. The registration list for each municipal election precinct shall contain, in nlpnnbetical order, the 31-10-507. Election maX be cancelled - when. In any nerves and addresses of all registered electors residing within ordinance adopted Dy the governing body of the municipality the municipal election precinct whose names appeared on the requiring an affidavit of Intent for write-tn candidates as county registration records at the close of business on the provided 1n section 31-10-306, the governing body may also twenty-fifth dey preceding the municipal eiectlon OR, WHEN provide that, if the only matter before the voters is the NOTICE IS RECEIVED PURSUANT TO SECTION 31-4-503 (3) (D), AT election of persons to office and 1f, at the close of business THE CLOSE OF BUSINESS ON THE DATE PRECEDING RECEIPT OF SUCH on the Fp3G~y NINETEENTH OAY before the election, there are NOTICE. The county clerk and recorder shalt Certify and not Hare candidates than offices to be filled at such deliver such registration lists or registration books to the eiectlon, including candidates filing affidavits of intent, respective clerks on or before the fifth day preceding the the clerk, cAall-certi€y-s~cM-€ac>:-te-she-governing-9a~y.-anA election. 3t-cMall-halt-a-messing-ar?A-m4y [F INSTRUCTED BY RESOLUTION OF THE GOVERNING BODY EITHER BEFORE OR AFTER SUCH DATE, SHALL SECTION 24. 31-10-302 (3) and (4), Colorado Revised cancel the eiectlon and by resolution declare the candidates Statutes, 1986 Repl. Vol., as amended. are amended Lo read: elected. If so provided by ordinance, upon such declaration the candidates shall be deemed elected. Notice of such 31-10-302. Noslnatlon of sunlctoal officers. (3) Eath cancellation shall be puDllshed. if possible, 1n order to registered elector signing a petition shall a4A--is--Aic infona the electors of the municipality, and notice of such ci9Rai~re-Mss PRINT OR, IF SUCH ELECTOR IS UNABLE TO 00 S0, canceilatton shail be posted at each polling place and in not SMALL CAUSE TO BE PRINTED SUCH ELECTORS LEGAL NAME AND place less than one other public Dlace. of residence. The circulator of each rasinatlon petition shall sake an affidavit that each signature thereon 1s the SECTION 21. 31-10-903, Colorado Revised Statutes, 1986 signature of the person whose name it purports to be and that Repl. Vol., 1s amended to read: each signer has stated to the circulator that he is a registered elector of the municipality or cunlcipslity and 31-10-903. Ballots charged if candidate dies or word, as the case s4Y be, for which the rasinatlon is made. withdraws. If any person duly nominated dies before the day The signature of each signer of a petition shall constitute fixed for the eiectlon and the fact of such death becoses prlsa facie evidence of his quaitftcations without the known to the clerk OR NITMORAWS BY FILING AN AFFIDAVIT Of requtresent that each signer sake an affidavit as to his WITHORAMAL WITH THE CLERX BEFORE THE DATE FIXED FOR ELECTION, qusl{ficatlons. the name of the deceased OR WITHDRAWN candidate shall not be printed upon the ballots for the election. If the ballots are PAGE 15-SENATE Bill 91-69 PAGE 16-SENATE BILL 91-69 already printed, the name of the deceased candidate shall be annual report for all similarly situated sand, gravel, or erased or cancelled, if possible, before the ballots are quarry operations. Such composite application and annual delivered to the voters. report shall comply with subsections (2) to (7) of this Sect/on; except that no application fee or annual report fee SECTION 28. 31-16-101 (1), Colorado Revised Statutes, shall be required of county OR MUNICIPAL government or the 1986 Repl. Vol., as amended, is amended to read: state department of highways, whether ar not a composite application is submitted. Financial •rarranty under subsection 31-16-101. Ordinance Dowers - Density. (1) The (3) of this section shall not be required of the operator if governing body of each munictpaltty has Dower to eREeree it is a unit of county OR MUNICIPAL government or the state aYe9ieRCe--te PROVIDE FOR ENFORCEMENT OF ordinances adopted 5y department of highways and the operator submits a written it by a fine of not more than spree--pwR9reA ONE THOUSAND guarantee, in lieu of financial warranty, stating that the dollars, or by imprisonment for not more than Rinety-days ONE affected lands will be reclaimed in accordance with the terms YEAR, or by both such fine and imprisonment, of the permit and section 34-32-116. SECTION 29. 31-16-103, Colorado Revised Statutes, 1986 SECTION 32. 34-32-112 (6), Colorado Revised Statutes, ReDI. Vol., as amended, is amended to read: 1984 Repl. Vol., as amended, is amended to read: 31-16-103. Na.lority must vote for aQDroeriations - 34-32-112. A Dllcatlon for reclamation P~rsit -fee - Droving ordlnences. Aii--arainaRCes--aRd---eii ORDINANCES, notice. (6) A bask fee of fifty dollars and, 1n addition, a resolutions, arM orders for the appropriation of money shall fee of tlfteen dollars per acre for the first fifty acres, ten require for their passage or adoption Lhe Concurrence of a dollars per acre for the second fifty acres, five dollars per ab~orlty of the governing body of any city or town. Unless acre for the third fifty acres, and one dollar per acre far otherwise spectflcally provided by statute or ordinance, all any additional acres shall De Datd. If the operator 1s a unit other actions of the governing body upon which a vote is taken of county OR MUNICIPAL government ar the state department of shall require for adoption the concurrence of a ma,)orlty of highways, no aDDltcatlon, renewal, or amendment fee is those present 1f a quorum exists. All ordlnences may be required. In rq case shell the reclamation permit fee exceed proven by the seal of the city or town, and, when printed in two thousand dollars. A fraction of an acre shall be book or pamphlet form and purporting to be printed and considered a full acre for computing the fee. In the event of published Dy authority of the city or Lawn, the same shall be reclamation permit denial, seventy-f.ive percent of the received in evidence in all courts and places without further reclamation peralt fee shall be refunded. If the 'refund will proof. De trrD hundred dollars or less, no refund shall. be made. SECTION 30. 31-16-108. Colorado Revised Statutes, 1986 SECTION 33. 34-32-117 (3) (a) (IX), Colorado Revlte0 Repl. Yol., ss amended, 1s amended to read: ~ Statutes, 1984 Repl. Vol., is amended to read: 31-16-108. Ma.fority of all members required - record. On 34-32-117. Yarranttes of eerfonaance - warrantiex of the adoption of every AN ordlnanct, aRd-et--every resolution, financial resoo~slDllity -release of warranties. (3) (a) A a~iheriaiRg--she-e~PaR/ii~re OR ORDER FOR THE APPROPRIATION of 'ftnanctal warranty` shall consist of a written promise, to money or the entering into of a Contract by the governing body the board. to be responsibie for reclamation costs up to the of any city or town, the yeas and nays shall be called and amount specified by the board pursuant to subsection (4) of recorded, and the concurrence of a ma~orlty of the governing this section, together with proof of financial responsibility. body shall be required. i;Me-Ramer-ct-spare-wMe-vete9-aRd--sae Financial warranties may De provided by the operator. Dy any vole--eecA--eaRAidaia--received-~peR-iAe-vefe-res~iiiRg--iR-aR third party, or by any comDinetton of persons or entitles and a?pe3~imeRi-1Ma33-Ye-receraea. shell be in such form as the board may prescribe; except that proof of financial respons1bi11ty may consist of any one or SECTION 31. 34-32-110 (8), Colorado Revised Statutes, more of the following: 1984 Repl. Vol., as amended. is amended to read: ~ (IX) Proof that the operator 1s a department or division 34-32-110. Lia~tted imoect operations - expedited of state goverment or a unit of county OR MUNICIPAL process. (8) If the Operator is a unit Of County OR MUNICIPAL government. government or the state department of highways, the operator may, at Its discretion, submit one composite application and SECTION 34. Safety clause. The general assembly hereby PAGE 11-SENATE BILL 91-64 PAGE 18-SENATE BILL 91-69 finds, determines. and declares that this act is necessary for the immediate preservation of the public peace. health. and safety. Ted 1. Str ckland rr PRESIDENT OF KER OF HE H U THE SENATE OF REP SENAAT ES Joan !I. Albt / Lie t. Bahr ch SECRETARY Of CHIEF CLERK OF THE H SE THE SENATE OF REPRESENTATIVES APPROVED ~q/ Q~ Q'jj( Roy 60V Of THE STATE OF COLORADO PAGE 19-SENATE BILL 91-69 Fir sl Qequia~ Sesron ~ , F~ny e~gnln General ~ssemDly ll5 N0. 91 0023/l SENATE B RL 91-3 3 1 24-6-s01. Ceclaratlon of OotiCY. i[ Is declared to be ' STATE OF COlORA00 1ne A NAT'EZ OF STaiEu~DE C^.NCERN >ND $TATE,VETER/WS, NVD 1 the policy ar [n IS sate [nec [ne format ton of public policy 'S , MILRAflY AFFNRS i E f~1 G R O ^ r- 3 is puCl!c business and may not De conducted in secret. I BY SENATORS Allison and J. Johnson; ~ 1 SECiiGN 2. 24-6-402, Colorado Re~ized Statutes, 1988 I also REPRESENTATivE Faacz, ' RE3VISAd 5 Rep1, vol., as amended, Is amended to read: ' 6 2a-6-401. Meettnas - open to pubitc. (1) FOR THE A BIEI FOR AN ACT ~ 7 PURPOSES Of THIS SECTION: i 1 CONCERNING THE OPfN MEETINGS PROViS10NS OF THE 'COLORADO 2 SUNS1iINE AtT 6f 1412'. 8 (a) AUO40R[TYUBL[C BOOY• MEANS ANY BOARD, COMMITTEE, 9 COtrxISSION ~liK ulntK ADVISORY, POLICY-MAKING, RULE-MAKING, OA H 10 fORr:ILY CONSTITUTED BOGY Of ANY POEITiCAL SUBDIVISION OF THE ' 8111 Suatnary I1 STATE ANO ANY PUBLIC OR-PRIVASELtNUe~lViu~~n~),OR~AN OFFI~CIriI 7HE3ECF+( 1{ } HAS DELEGATED A GOVERNMENTAL O (Note: Th1s summers e~ylles to this b111 es Introduced 12 ' and dots not necessertly reflect ~ emendaents rhfcn ~ De f suoseauenT adooted.J, 13 DECISION-141KING FUNCTiONBUT DOES NOT [ ~ F pER~ONS ON THE c 1 r?n AOM[vrSTR.4T(yF SttiFF OF THE LOC.4LP.llB11S a00Y, J Makes the open ekctings provisions of the '[olorndo 14 (D) "NEE1ING' MEANS An K:nu F-ZATHERING, CONVENED TO c~ Sunshln! Aft of 1972', pert 1 Of arttele 6 of tltl! 2/, •7 C.R.S., eDD1lcaDle to any •puDllc Dodr' which is defined to 15 DISCUSS PUBLIC BUSINESS, IN PERSON, BY TELEPHONE, OR BY OTHER include Doth the state end political suDd1v1s1ons Of the state es well as other puD11c end prtrate entitles that ere 16 MEANS OF COMMUNICATION, Dlrforsiing a puDllc function. Defines 'sieetlrg• to include gatherings convened to person, by telephone, or Dy other aKans I 17 (c) •DOLITICAL SU80lVI5I0N OF THE STATE' INCLUDES, BUT of coasaunlcatlons, Provides for the ararding of costs end ° reasonable attorney fees to pialnttffs who prevail 1n actions ~ a, 19 13 MOT LIMITED TO. ANY COUNTY. CITY CITY ANO COUNTY, TOMN, O to enforce the open aleetings provlslons. Repeals, through the ~ a use of stricken tYDe, article 9 of title 29, C.R.S., rhich 1g a HOME 4ULE CITY. HOME Rl;lf COUNTY, HOME RULE CITY ANO COUNTY, N C In' M 19 SLHOOE D15TRlCT, SPECIAL DIS1R[LT, LOCAL IMPROVEMENT OlS1RlCI, v Contains Current Statutory pror1s10ns relating t0 Open aleetings for poltttcal suDdtrlstons of the state. Sections 4 20 SPECIAL IMPROVEMENT DISTRICT, OR SERVICE DISTRICT. through 10 Irate conforeing amendments. f~,~, ~ 21 (d) 'STATE PUBLIC BOOY• MEANS ANY BOAAO, COFWITTEE, H 3 Be 1t erected br the General Assembly of the State of Colorado' 22 COMFi15SI0N, OR OTHER ADVISORY, POLICY-MAKING, RULE-MAKING, I 0 SECTION 1. 14-6-401, Colorado Rerlsed Statutes, 1988. ~ 23 DECISION-MAKING, OR FORMALLY CONSTITUTED .BODY OF ANY STATE W 5 Repl. Vol., 1s amended to reed: ~ M ' 2 r- ' _ ~ m W V ~ AS amended 2rc _ Cayltal letter 4aaleaa My meurlel to Ee added to ac4stlnp .te FE8 1 2 1991 Dnsnee WouyA the words l++dleau delettensJbT eeLnnp .totwe. ~ $ENATc ~ - ~ - ~ . 1 AGENCY, STATE AUTHORITY, OR 1HE GENERAL ASSEMBLY, 1HE O ( 2 GOVERNING BOARD OF ANY STATE INSTITUTION Of HIGHER EDUCATION 1 (2) (a) A33-meet7qgs-aE-owa-aF-maFe-meWbeFS--pE-.aqy ~ INCLUO[NG THE REGENTS Of THE UNIVERSITY Of O i Z 9eaFA,---Earauittee,--Eagai7stspq.--eF--ptheF--pe37cy-makigg_.pc 4 COLORA00, AND ANY PUBLIC OR PRIVATE ENTITY TO NHICH THE STATE, t 3 Ftl~e-mdklgg-'dp~y-aE-aqy-State-dgegEy-pF-dtlthpFiEy--pF--pf--the 5 OR AN OFFICIAL THEREOF, HAS OELEGATEO A GOYERNMENTAL H ~ . ~ 4 gegesal--assea§ly,-_sqE/tlA7gg--a33__aeet7ggs--pE--t.e--pF-mese 6 DECISION-MAKING FUNCTIONA BUT OOES Si4FF O 5 ~e~aeFS-aE-the-Fegegts-aE-the-tlg7~eFS7ty-eE--aeleoada--aF--aqy 7 NOT INCLUDE PERSONS ON THE AOM(NISTRATIVE / OF THE STATE 6 ptheF--geYeFg7gg--BpaF~--pE--a--9taie--igSi+ttlt7pq--dF--47gh@P B PUBLIC 80or. 1 eAtlEdt7pq--FeF2FFeA--tp--~y--th@--pFpr7s3pRS--pE--5@6OSpR-~-pE _ 8 aFt3Ele--V3II--et--The---siaie---cagst7irilpR-=-eF---otheFw7se 9 esta§77sheA--9y-law,-at-which-aqy-ptl93ic-9tls3Ress-l6-A7setlsced 10 eF-ai-wh7Eh-aqy-EeFwa3-aEtieq-aay--A@--aakeR--Oy--such--CearA, 11 6pWI17ttee,--6pF'7.17553pq,--pF-ptheF-ppl36y-plaklgg-pF-FYle-mak3Rg 12 bedr ALL MEETINGS Of TWO OR MORE MFMFRS OF ~7Y STAT~P Ie I - ~ 1_ 13 BOpY AT uHICH 4NY DUBLIC BUSINESc IS OiScUSCFO OR AT WHICH .>KL S la FORMAL~jCTTOf~HAY 8E TAKEN are declared to bP, ` 15 public meetings open to the public at all times. egsepi--ae 16 may-Ce-etheFw7se-p FevlAeA-7R-the--9taie--6pR5t7Cr a3eR. 17 (b) All MEETINGS Of A QUORUM 00. THREE OR MORE MEMBERS bf 18 ANY LOCAL PUBLIC BODY, WHICHEVER [S FEWER, AT WHICH ANY PUBLIC 19 BUSINESS IS DISCUSSED OR AT WHICH ANY FORMAL ACTION MAY BE 20 TAKEN ARE OEClAREO TO 8E PUBLIC MEETINGS OPEN TO THE PUBLIC AT 21 ALL T[MES~ 22 _ 23 24 (2~ (c) Any meetings at which the adoption of any 25 proposed policy, position, resolution, rule, regulation, or 26 formal action occurs or at which a majority or Quorum Of the , ~ 33• _ ~ 33 ~ I t Dody is in attendance, c- is e~Dected to De in attendance, 2 shell be held only after full and timely notice to the public. ~ t 3 IN ADDITION TO ANY OTHER MEANS OF FULL ANO TIMELY NOTICE, A 1 (2•I) (e) This part 4 does rot aDP1Y to any chance I ' 4 LOCAL PUBLIC BODY SHAH 8E DEEMED TO NAVE GIVEN FULL ANO ~ Z meeting or social gathering dt which discussion Of public 5 TIMELY NOTICE IF THE NOTICE Of THE MEETING IS POSTED IN A I 3 business is not the central purpose. i 6 DESIGNATED PUBLIC PLACE WITHIN THE BOUNDARIES Of THE LOCAL a f2.3) (3) (a) The members of a STATE pubttc body suD;ec! 5 to th15 par! 4, upon the affirmative vote of two-thirds of the 7 PUBLIC BOGY NO LESS THAN TWENTY-FOUR HOURS DRfOR TO THE 8 HOIDlNG Of THE MEETING. 6 entire membership of the body, may hold an executive session g THE PUBLIC PLACE OR PLACES FOR POSTING SULH NOTICE SHALL H 7 only et a regular or special meeting end for the sole purpose O 10 BE DESIGNATED ANNUALLY A7 THE LOCAL PUBLIC BODY'S FIRST 8 of considering any of the matters enumerated in s~BSeetsea 11 REGULAR MEETING OF EACH CALENDAR YEAR. u 9 (2•~)--et-this-seetaen PARAGRAPH (b) Of iH[S SUBSECTION (3) or THE POSTING SHALL INCLUDE SPECIFIC AGENDA ~ l0 [he following matters; EXCEPT iHAT NO ADOPTION OF ANY PROPOSED 12 H 11 POLICY, POSITION, RESOLUTION, RULE, REGULATION, OR FORMAL 13 INFORMATION hHERE POSSIBLE. 14 (d) (1) MINUTES Of ANY MEETING OF A STATE PUBLIC BOOM S I IS SMALL BE TAKEN AND PROMPTLY ` 16 RECORDED, ANO SUCH RECORDS SHALL 8E OPEN TO PUBLIC INSPECTION. 17 THE MINUTES OF A MEETING DURING VNICH AN EXECUTIVE SESSION t lg AUTHORIZED UNDER SUBSECTION (3) OF TNIS SECTION iS HELD S 19 SHAH REFLECT THE GENERAL iOPiC Of' THE 0[SCUSSiON AT THE `S Y0 EXECUTIVE SESSION. P1 (II) MINUTES Of ANY MEETING OF A IOCAI PUBLIC BODY AT WHICH THE ADOPTION OF ANY PROPOSED POLICY, POSITION, 22 RESOLUTION, RULE, REGULATION, OR FORMAL ACT10N OCCURS OR COULD OCCUR SHALL BE TAKEN AND PROMPTLY RECORDED, ANp SUCH RECORDS S Y3 SHALL BE OPEN TO PUBLIC INSPECTION. THE MINUTES OF A MEETING as ~ DURING WHICH AN EXECUTIVE SESSION AUTHORIZED UNDER SUBSECTION 24 (4) Of THIS SECTION IS HELD SHALL REFLECT THE GENERAL TOPIC Of THE DISCUSSION AT THE EXECUTIVE SESSION. -G- - S- ~ ~ - ~ "3 ~ 1 ACTION SHALL OCCUR AT ANY EXECUTIVE SESSION NHICH I$ NOT CPEN i ~ 1 requirements of this subsection (3.3) (3). 2 TO THE PUBLIC: ~ Z (e~ (iII) Matters required to be kept confidential by / 3 (a) (f) The purchase of property for public purposes, or ! I 3 fzderal law or rules or state statutes; ~ a the sate of property at competitive bidding, if premature 4 (A) (IV) Specialized deta115 of security arrangements 5 disclosure of information .ould give an unfair competitive or I 5 where disclosure of the matters discussed might reveal 6 bargaining advantage to a person whose personal, private 6 information that could be used for the purpose of committing, • 1 interest is adverse to the general public interest. No member 7 or avoiding prosecution for, a vloiation of the law; ( 8 of the STATE public body shall use this paragraph (a) as e 8 (e)' (V) Determining positions relative to matters that 9 subterfuge for providing covert information to prospective 9 may De subject to negotiations with employees or employee 10 buyers or sellers. Governing boards of state institutions of 10 organizations; developing stratzgy for and receiving reports I1 higher education including the regents of the university of 11 on the progress of negotiations; and instructing negotiators; 12 Colorado ma,y also consider the acquisition of property as a 12 (c) (VI) With respect to the board of regents of the 13 gift to an executive session, only if such executive 4esstan 13 university of Colorado, matters concerning the modification, 14 is requested by tha donor, s` 14 lnittation, or cessation of patient care programs at the 15 Eb~(II) Conferences with an attorney for the STATE public body s. 15 university hospital (including the university of Coloredo I 16 concerning disputes involving the public body that are the I' 16 psychiatric hospital), and receiving reports with regard to I` 17 subject of pending or lautinent court action. Governing boards I 17 any of the above, if premature disclosure of information would f tons of ht her education including the 18 of STATE lnstitut 9 i 18 give an unfair competitive or bargaining advantage to any 19 regents of the university of Colorado mey also confer with an ~ 19 person or entity. 20 attorney concerning specific claims or grievances or for 20 E2.i; (b) All meetings held by members of a STATE public 21 purposes of receiving legal advice on specific legal 21 body subject to this part 4 to consider the appointment or 22 questions. Mere presence or participation of an attorney at 22 employment of a public officiai or employee or the dismissal, 23 an executive session of a governing board of a~ A STATE 23 discipline, promotion, demotion, or compensation of, or the ~ 24 institution of higher education including the regents of the i 24 investlgatlon of charges or complaints against, a public ~ 25 university of Colorado is not sufficient to satisfy the 25 official or employee shall be open to the public unless said 26 applicant, official, or employee requests an executive I -7- 3 3 J _ - 3- 3 3 l 1 PRESENT, NAY HOLD AN EXECUTIVE SESSIOn ONLY AT A REGOLaR CR 2 SPECIAL HEFTING AHO FOR THE SOLE PURPOSE Of CONSIDERING ANY Cf 1 session. Governing boards of institutions of higher education l 3 THE FOIICWING MATTERS; EXCEPT THAT NO ADOPTION OF ANY PROPOSED 2 including the regents of the university of Colorado may, uDOn 4 POLICY, POSITION, RESOLUTION, RULE, REGULATION, OR FORMAL 3 their own affirmative vote, hold executive szssions :o ~ 5 ACTION SHAII OCCUR AT ANY EXECUTIVE SESSION WHICH IS NOT OPEN 4 consider the matters listed in this swBSeetten-12,e) PARAGRAPH 5 TO THE PUBLIC: 5 (D). Executive SeSSionS may be held to review administrat~v? 7 (a) THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE 6 actions regarding investigation of charges or complaints and ~ 8 OF ANY REAL, PERSONAL, OR OTHER PROPERTY INTEREST; t _ 7 attendant investigative reports against students where puDtic + g EXCEPT THAT NO EXECUTIVE SESSION SHALL 9E HELD FOR THE PURPOSE 1 H 8 disclosure could adversely affect the person or persons 10 OF CONCEALING THE FACT THAT A MEMBER OF THE LOCAL PUBLIC BODY HAS A 9 involved, unless the students have specifically consented to It PEn:C.vAL I~vTEREST In SUCH PURCHASE, ACQUISITION, (EASE, TRAVSF;A, 10 or reQuested the disclosure of such masters. An executive 12 OR SALE; 11 session may be held only at a regular or special meeting of 13 (b) CONFERENCES WITH AN ATTORNEY FOR THE LOCAL PUBLIC 12 the STATE public body and only upon the affirmative vote of 13 two-thirds of the entire membership of the body. 13 800Y FOR THE PURDOSES OF RECEIVING LEGAL ADVICE ON SPECIflC 14 Ea.i) (c) Notwithstanding the provisions of sw4seeiisns S 15 LEGAL QUESTIONS. MERE PRESENCE OR PARTICIPATION OF AN ATTORNEY i 16 AT AN EXECUTIVE SESSION OF THE LOCAL PUBLIC BOOM IS NOT ` 15 a2.a)-ana-Ea.i)-aR-ihi,s-se6i3a~ PARAGRAPHS (a) AND (b) OF THIS -.i 16 SUBSECTION (3), the state board of parole created in pert 2 of 17 SUfF;CIENT TO SATISFY THE REQUIREMENTS OF THIS~SUBSECT[ON (d); S 18 (c) MATTERS REQUIRED 10 8E KEPT CONFIDENTIAL 8Y FEDERAL 17 article 2 of title 17, C.R.S.. may proceed 1n executive 19 OR STATE LAM OR RULES ANO REGULATIONS; 18 session to consider matters connected with any parole ` I 20 (d) SPECIALItEO OETatIS OF SECURITY ARRANGEMENTS OR 19 proceedings under the jurisdiction of said board; except ihnt 21 INVESTIGATIONS; 20 n0 flnni parole decisions shall be made by said board while in ' 22 (e) DETERMINING POSITIONS RELATIVE TO NATTERS THAT MAY 21 executive session. Such executive session may be held only at f 23 BE SUBJECT TO NEGOTIATIONS; DEVELOPING STRATEGY FOR 22 a regular or special meeting of the state board of parole and 24 NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; 13 only upon the affirmative vote of tro-thirds of the membership 25 (f) PERSONNEL MATTERS; EXCEPT If THE EMPLOYEE WHO IS THE 24 of the Doard present at such meeting. 25 (4) THE MEMBERS Of A LOCAL PUBLIC BOOM SUBJECT TO THIS ~ 26 SUBJECT OF THE SESSION HAS REQUESTED AN OPEN 'MEETING, OR IF THE PERSONNEL MATTER INVOLVES MORE THAN ONE 26 PART 4, UPON THE AFFIRMATIYE VOTE Of TWO-THIRDS OF THE QUORUM I 27 EMPLOYEE, ALL OF THE EMPLOYEES F1AYE REQUESTED AN OPEN MEETING. f„_j, \S 1 '9' 33 _ io- ~ ' i 1 uITH RESPECT i0 HEARINGS HE!D PURSU~Ai '0 THE "TEAG4ER E.MPLOyMENi, U ~ 2 COMPENSATION, ANO DISMISSAL ACT OF 1990", ARTICLE o3 OF TITLE 22, _ 3 C.R.S., THE PROVISIONS OF SECTION Z2-53.302 (7) (a) SHALL GOVERN ( ~ , 1 DISCLOSURE uOUlp a0vERSEIy AFFECT THE PERSON Oa PERSONS 4 IN LIEU OF THE PROVISIONS OF THIS SUBSECTION (a), 2 INVOLVED. / 5 (g) CONSIDERATION Of ANY DOCUMENTS PROTECTED AY THE 3 (2.:) (5) Prior to the time the members of the publ+c 6 MANDATORY NONDISCLOSURE PROVISIONS OF PART 2 Of ARTICLE 72 OF 4 body convene to executive Session, the chairman Of the body 7 TITLE 24, C.R.S., COMMONLY KNOWN AS THE "OPEN RECORDS ACT°; 5 Shall announce the general topic of the executive session as ~ 8 (h) DISCUSSION JF INDIVIDUAL STUOENrS WHERE PUBLIC ,I ~ 6 enumerated to subsections (3.3)-anA-(2.6) (3) AHO (4) of this 1 section. 8 (2.9) (6) The limitations Imposed by subsections E2,3;, 9 (2.6),-anA-(2.i) (3), (4), AND (5) of this section do nat 10 apply to matters which are covered by section 14 of arttcte V 11 of the state constitution. ~ 12 (3) (7) The secretary or clerk of each baarA,-eeaoNitiee, 13 fiaaaAissSOn,-or-ocher-Pe3i~y-¦aking-ar-rrle-a~aking STATE PUBLIC L+ IQ body shall maintain a list of persons rho request notification vl 15 of all meetings or of meetings Then certain specified policies 16 rill De discussed and shall provide rensonable advance l 17 not ificatlon of such meetings. 18 E4~ (8) No resolution, rule, regulation, ordinance, or 19 formal action of a f?aasC,--cww3ttee,--aaawlsslanv--ar--athar 20 Pa33~y-¦ak3n9--ar-.ula-¦akinq STATE OR IOCAI PUBLIC body Shall 21 De vnlid unless taken or made at a meeting that meets the 22 requirements of srdsect4ans--E1~--and SUBSECTION (2) of this 23 section. 24 fi)--The--¦lnrtes--ot--a--peet4ng--at--aay--sr~h---CaasA, 25 eewa3ctee,--co.wtsssam,--ar-oche?-Paliay-•aklag-er-rrle-making 26 9eAy-shall-be-Prwryily-.eaorCeA,-tad--srah--recaRds--shall--ia ~3 ti 1 epen--te-pYp71G-lnspeeFfen.--Tpe-¦:nYtes-aE-e.e:d:s~e_sassieRs 1 SECT;CN I. Ar:icte 9 of tote 29, Colorado Revised _ 2 aYtpesieeA-YaAer-sYpseE6:ens-(d.3)-anA-(2.p~-ai--cpi5--se~tian / 2 Statutes, 1986 Rest. '+ot., is re;eated as foltors: t 3 peeA-egly-resteet-tpe-geaesa:-sYpjeei-aatter-a:-aisaussia4s. 2 J 4-9-101. yuDitc mee:tugs. (.)--a::__¦eestags--at-_any 4 (6) (9) The courts of record of this <.tate matt have S 4 pearA7-<aW.sss+aP,-<aa¦;ssee7--ar--aYtpar;cy--at.-a_-pa:iisca3 5 jurisdiction to Issue Injunctions to enforce the ^,u-;cses of 5 s'.aaivisian-aE-tae-st[ase-s.p:arteC-py-tar-i¦-its-aisivSStes_s„ 6 th15 section upon application by any citizen of tn!s state. 6 rpe:e--ar--,n-part-.isn-peptic-taaAS-Ise-dee:tse4-sa-pe-prp:3e 7 IN ANY ACTION IN WHICH THE COURT FINDS A 4iGLATION OF THIS ` O 7 ¦ees,ngS-anA-open-Fa-tue-pYp:iG-aL-a:3-ti¦eSt-pYt-SVGA-graYpi7 8 SECTION, THE COURT SHALL AuARO THE CITIZEN ?REVAiL;NG iN SUCH g py_¦ajarSSy-eapsepc-et-¦e¦aers-presePs7-¦ay-ga-3PSe--eaecrs3re 9 ACTION COSTS AND REASONABLE ATTORNEY FEES. IN THE EVENT THE 9 sess+an--Ear--cansiaeraiia¦-at-AeiY¦enss-ar-sesst¦ony_g3vea-s¦ /pI COURT DOES NOT FIND A VIOLATION OF THIS SECTION, [T SHALL 10 Ea¦tiienie-prs-seal:-nia--¦awe--ttPa3-.pa3liy--lei3sfint7--por AWARD COSTS AND REASONABLE ATTORNEY FEES TO THE RRE'lAILING 11 spa:3--any--tlSa:V{:an7-rY3e~-aRCSR+nie 7-regY3aiseP7-ir•Far¦+3 ~,t PARTY IF THE COURT FINDS THAT THE ACTION NAS FRIVOLOUS, 12 aiilaP-a?-any-aiiiiP-apprpvl¦g-t-60¦trtii-pr-c+33JPg--Eer--iMe 3 VEXATIOUS, OR GROUNOIESS. 13 Pay¦ens--at--¦aaey-pe-+Oapiei-pr-appri~el-ii-tPy-sess3i¦-rMti~ - ~cf (10) ANY PROVISION OF THIS SECTION DECIaRED TO BE 14 ts-clase4-sa-spe-gepera:-pYpili. _i ~ /S UNCONSTITUTIONAL OR OTHERM[SE INVAL[0 SHALL NOT [M?AIR THE 15 (2;--Any-+csiaP--taMlP--iaPis+ry--tp--tAl--prpv3s3ens--4t /t% REMAINING PROVISIONS OF THIS SECTION ANO TO THIS END THE 16 sYpsecsii¦--E1)--et-- u3s--secs3iP--sp+33-?e-nY33-+~4-ve31-aM ~ , PROVISIONS OF THIS SECTION ARE DECLARED TO BE SEVERABLE. O 17 r1tMaY/t-terse-ar-etseit. t lg (~)--MairSipiiand3¦g-tPy-p/er3i3e¦-e~-SYpsecs3a¦--F1~--i~ 19 tM7s-seiiJe¦7-a-peas-e~-e4Yi+cie¦-e~-+-pYp33i-scMe~3-4lstrtis 20 to/-iMe-giver¦try-pity-a~-lPy-wn3ilp+itiy7-ipY¦iy7-pr-spe6dl3 21 ~tsir3it--¦ey--¦eet--3¦--ealirtire--slssip~--tY--~ltlr~i¦e-Sif . 22 p¦s3i3ee--re3+tire--te--iSSYti--tMai---¦Jy---pe---fY?ieit---ie 23 ¦egpi3isie¦.--cp--receive-reports-eP-negesstsip~s-progress-ant 24 stasYs7-sa-Aeve3ap-strasegy,-+nl-ca-JnsirYCi-Sis-negaiittirs. 25 SECTION 4. 23-3.1-205 (2), Colorado Rertsed Statutes, 26 1988 Rep1. Vo1., 1s aaended to read: ~ v ~ ~ ~ 33 1 23-3.1-205. MeettnOS of Doard - OuOrum a=oenses. 1 tuDJ2Ct CJ ;'.2 prr.:s~,or.s cf szc:+an--29-9-iJ: PART s JF 2 {2) Pursuant to +vdieie-9-iE-st:3e-29 PaRT a OF ARtiC_E 6 Of 2 " 6 ~F i;'__ C.R.S. Tne board sna'.l ac: Dy 3 TITLE 24, C.R.S., each meeting of the Doard tnell De open to 3 resolution or .notion. 4 the puD11c. NdtiCe Of meetings Shrill De dS provided 1n the S S::;ii.,N B, ine 1r.;r000CCOry portion t0 32-:0-1:0 (1) 5 Dylaws of the authority, Resolutions need not De DuDltsned or S (cI. C~1;,raCO 4e~ised Su :uses, as amended, is amended :o 6 posted, but resolutions and e11 proceedings and other acts of 6 read: 7 the board Shall De a public record. 7 32-10-ii0. r,eet'nas - vacant+es. (1) (c) All business B SECTION 5. 25-8.5-109 (4), Colorado Revised Statutes, 8 of the Doard snail De conducted only during said regular or 9 1989 Rep 1. Vol., is amended to read: 9 special meetings and sna11 De conducted pursuant to a.is¢3e__g 10 25-8.5-109. t+eetinos. (4) All business o1 thr board 10 a~--sii:e--79 PRAT a Of aRTICIE 6 0f TITLE 24, C.A.S. A I1 Shall b! Conducted only during sold regular Or special ll ma~ortty of the members of th! Doard sna11 constitute a Quorum 12 meetings, en0 ail Said meetings shalt b! open t0 the DuDlit, 12 at any meeting. All special and regular meetings of the Doard 13 Dut Ch! Doard aby hold e><ecutive sessions ai provided in ~ 13 Shall De held at locations rhtch Ere within the boundaries Of 14 a?ili3e-9-et-lisle-i9 PART 4 Of ARTICLE 6 Of TITLE 24, C.R.S. 14 the dtstric: ar rhicn are rithtn th! Doundarses of any County ti 15 SECTION 6. 25.11-102 (1), Cotoredo Revised Statutes, 15 to watch the district is rotated, to rho le ar in part, or to 16 1989 Repl. Vol., is aaKndad to read: 16 any county so long as the meeting location doei not exceed 17 25-1/-102. Oefinltlons. (1) "PuD11c ateettng" means any 17 treaty miles from the district DounOartet. The provisions of 18 ateettng reQulrad to bt open to the puD11c pursuant to part 1 ~ 18 this paragraph (c) governing the location of meetings may De 19 0/ lrticl! 6 of title 21, C,R.S. ar-a?alala-9-at-i3{3l-~9? 19 waived only if the following criteria dre met: 20 C.R.L. 20 SECTION 9. 32-14-1Ob (7), Colorado Revised Statutes, as 21 SECTION 7. 31.25-1210, Colorado Revised Statutes, 1986 ti amended, is eaended to rend: 22 ReDI, Vol.. as aa>enoed, is amended to reed: 22 31-Ia-I06. Boars of directors - membersnto 23 31-25-1210. Neetinos. t1Don notice to each damper of the 23 duetifications. (7) Att Dusiness of the Doard matt De 21 board, Lhe board shell hold meetings, which snail De held in a 24 conducted at regular or special meetings rnlcn snail be neid 2S place to be designated Dy the Doard as often of the needs Of 25 rithtn ih! 9eographicel boundaries Of th! district and rhicn 26 the district reQutre. The meetings of the Doard shall be 26 sne11 De open to the public. Tne provisions Of this 3 3 ;i~s -is l - 1 subsection (7) end seetio~_-24-4-101 PART 4 Oi ARTICLE 6 OF 2 TITLE 24, C.R.S., shalt apDiy to eft meetings of the coard. 3 SECTION 10. 3I-45-116 (Ij, Colorado Revised Statutes, 4 1990 ReDI. Vol., 1s emended to reed: 5 37-45-116. Meetinos end recoras. (ij The meettngs of 6 the board of dlrettors of n water conservancy distrtct shall T De suDJect to the reQuireeKnts of ert3E7e-G-at-tit~•-2q PAR7 4 8 OF ARTICLE 6 OF TITLE 24, C.R.S. 1 9 SECTION 11. Effective date. This act shall take effect I O 10 June 1, 1991. JI I1 SECTION i~.• Safety clause. The general assembly hereby O 12 finds, detenetnes, end declares that Lhis act is necessary 13 for the tmmedtste Dreservetion of the DuDl1C Deace, health, 1/ end safety. ~ ~ i May TOWN OF VAIL 75 South Frontage Road Office of the Mayor Uail, Colorado 81657 303-479-2100 FAX 303-479-2157 April 2~, 1991 Mr. Robert P. Molten, District Engineer Colorado Department of Highways Post Office Box 2107 Grand Junction, Colorado til>O?-21O7 Dear Bob, I am \~-ruing to you regarding a matter of critical concern to the To\vn of Vail and our valleywide community. At issue is the material used by the Colorado Department of HMI\Va\'S 10 Sand varIOLIS Vall rOadS, 1lS 1mpaCt On OLIr community's alr quality and lts overall effectiveness in accomplishing its given purpose. We respectfully request that you consider these issues we have. raised and work \vith us to address them in the best manner possible. Air Quality Imtrlcts As you are probably a\vare, geography combined with a growing visitor and resident population have created an increasing air quality challenge in the Vail Valley. According to ~ln emissions inventory completed by rlir Sciences, lnc., ~7 percent of Vail's air pollution is attributed to \vood smoke, with suspended road dust responsible l~or .~~1 percent of the problem. The Vail To\vn Council considers it imperative to address the air quality issue and is acting to address the wood smoke portion of the problem. Ho\vever, \ve. need your hell? in dealing \vith the remaining 39 percent. As you know, CDOH is responsible for the sanding of Interstate 70, the frontage roads, and the I-70 interchange ramps throughout Vail, while the Town of Vail maintains all other Vail roads. An estimated 75 to 9~ tons of volcanic rock material, gravel and sand are used bet\veen the two entities each _year to maintain adequate road conditions. The granite used by the State is not \vashed prior to sanding and is often dusty hen applied. The dust generated by the material is compounded by the unmeasured manner in which the sand is applied. While we continuously s\veep the To\vn roads in an effort to reduce the air quality impact of our sanding, the quantity and type of materials used by the State render our efforts inadequate. r Mr. Robert P. Molten April 2.5, 1991. Page Two Environmental concerns associated with currently used sand/salt mixtures go even beyond air duality impact. The effect of the salt on vegetation and soil quality is extremely harsh, ' as well. We encourage you to explore, as numerous resort and front range communities already have, the possibility of replacing fertilizer for salt within the mixture. There has been noted success with such a replacement, both in effectiveness as well as environmental impact. Effectiveness Aside from the harsh air quality impacts of the current sanding material used by CDOH, we would like to reiterate our reservations regarding the overall effectiveness of this material for its stated purpose. From our observation, the particular sanding mixture used by the State is creating afreeze-thaw situation which results in extreme rutting of the road and makes auto maneuverability difficult. Because the material being used will not embed into the ice. it is difficult for traffic to stop on these icy roads. The Town of Vail has addressed both the air quality and effectiveness issues through the use of pre-washed volcanic scoria. The ~/4 inch volcanic scoria currently used by the Town will embed in the ice, giving traction and drawing sunlight. Additionally, because of the size and lightness of the cinders, they are not picked up by tires and projected into other vehicles as is a contin~iing problem with the granite. The To~~rn's measured application ensures that only the amount of material necessar}~ is used, further reducing negative consequences. We understand that you are operating under financial constraints and giving special consideration to Vail's concerns would not be customary. However, we believe the air quality and effectiveness issues associated with CDOH's sanding methods are of increasing concern to numerous mountain communities and are issues which we must work together to address. We respectfully request that you consider an alternative to the i/~ inch granite which the State currently uses for road sanding and, perhaps, an alternative method of application. if the State finds it prohibitive to alter sanding materials or methods used, we would ask that you assist us in the year-round sweeping effort with equipment which picks " the material up for proper disposal, and does not simply sweep it off to the side of the ro~_td. a Mr. Robert P. Mosten April 2~, 1991 Page Three In conclusion, the issues of health, safety and aesthetics are of utmost concern to the Vail community, as 1 know ihev are for your department as well. We thank you in advance for your serious considerationyof the issues ~~~e have raised and look for~~~ard to discussing them with you at greater length, in hopes that we might jointly formulate effective and em~ironmentally sound road sanding and sweeping procedures. Sincerely, " ` G~-~ Kent R. Rose Mai or cc: Dr. Ray Chamberlain Robert Clevenger ColOraclO .ASSOCIatIOn of SI<i Towns Vail Town Council Vail Planning and Envn~onmental COn1n1ISSIOn RECD APR 2 2 1991 DISTRICT COURT, EAGLE COUNTY, COLORADO Case No. 84 CV 24Es ORDtR GRANTING iiEFENuAN~i'S MOTIOrI FOR SUMMARY JUDGMENT VAIL TOWN & COUNTRY HOMES. INC.. Plaintiff, v. THE TUiNN uF VA1L and THE BUAK(~ OF LvUNi~• GUMMiSSiONERS OF THE COUNTY OF EAGLE. Defendants . THIS MATTER comes before the court on defendant Town of Vail's l"Town') Motion for Summary Judgment. The Court has read the Motion, Response and Reply. and being t~~lly advised, makes the following findings of fact: The ~.inderlying facts in this action are outlined in this C~~~.~rt.' s Order Denying Oetendant.' s Motion to Dismiss, entered Jl.lne ?8. 19RA. ?r~ aener=l . nlaint,itf Town t~ Country's i ..T r: i r;;~m^ l a i nt. a l l eaF~ c i a~ m=• .=,•aa i n=t. the Town for i nverse ~-.nndemnat.i:an. unc.;~nstit.~.it.i::i~.~ ~ t~ninG ordnance, dec larat.orv ii~:-iam~nt.. writ of mandamus and Fst.c~pne I . In the Town's Motion for Summ.~rv Judgment. it contends that plaint.iff's claims are barred by the applicable statute of I ~ mi tats ons . The Town argues ti'iat ~T & C:' s c I ai ms based on a "takina'~ are barred because any taking which occurred. occurred pricr t.o T & G`s ownership of the property in question (the "'Property"l. and the right to compensaT.~en for a taking is a ri4.ht. personal to the owner at the time of the taking. the Town contends that. absent an assignment of rights to condemnation proceeds. T & C may not recover for a takin4 occurring prior to T & C's ownership of the Prcperty. Finally, the Town argues that the claim concerning the ~ constitutionality of the zonin4 ordnance is not "ripe" because of T & C's tailure to exhaust administrative remedies. In response, T & C alleges that the warranty deed by which ~t acquired the Property assigned the right to condemnation proceeds and re4ardless of an assignment, the "taking" occurred, or was continuously occurring during its ownership of the Property. T & C applies the same logic to defeat the Town's statute of limitations arguments. THE COURT makes the following conclusions of law: The Court concludes there are no material facts in dispute and this is a groper case for summary .iudgment. The right to damages for a taking accrues to a landowner at the time of the taking. Monen v. State Department of Highways, 515 P.2d 1246 (Coio.App. 19731. The statute of limitations in inverse condemnation actions begins to run when the taking occurs. Seven Lakes Reservoir co. v. Ma.iors. 196 P. 334. 336 (19211. Regulatory takings, like physical takings commence at a certain point. Thus, there is no ,7ust•ification for holding that a regulatory taking ~s continuous for the purpose of maintaining an action in inverse condemnation. State of Colorado. Dept. of Health v. The Mill, i5 BTR 433 (i:oi~. 1991), overruling The M ill v_ Colorado __State Department of Health, 787 P.2d 176 (Colo.App. 1989 i. A taking occurs when the condemning authority's intent to exercise control over the property first becomes clear. Ma.iestic Heights Co. v. Board of County Commissioners of Jefferson County, d76 P.2d 745 (Colo. 1970). In this case, the Court concludes the date of any taking would be March 4. 1975. the date the zoning ordinance went into effect, preventing further condominium construction on the Property. Application of the doctrine of equitable estoppel may prevent the assertion of a statute of limitations defense. k:lamm Shelf v. Berg. 441 P.2d iG (Colo.i968). Where a defendant, by i is .own acts or omissions, causes a p 1 a~ nt~~ -,~L~ to delay bringing an action during the running of the statute of limitations, the doctrine of equitable estoppel prevents the defendant from ra~sinq the statute of limitations as a defense. Strader v. Beneficial Finance Co. of Aurora, 551 P.2d 720 (Colo. 1976). Here. however, the acts alleged by plaintiff which should operate to estop defendant from raising the statute of limitations as a defense, specifically the letters from the Eagle County Planning Department stating that the additional 18 condominium units could be constructed, were sent prior to the zoning ordinance gong into effect, and prior to the commencement of the running of the statute of limitations. Therefore, the Court concludes that the Town is not estopped from raising the statute of limitations defense. The statute of limitations in inverse condemnation actions in 1975 was six years. CRS t.~-30-110 (1973). Consequently, the Court concludes that if plaintiff did have a claim for inverse ' condemnation, the action to recover compensation is barred by plaintiff's failure to file a timely claim. Therefore, plaintiff's claim for inverse condemnation against the Town is dismissed. Because the Court has found the claims based on a taking are barred by the statute of limitations, it ~s not necessary to discuss the assignment of condemnation proceeds issue. The Court has previously hound in its Order Denying Defendant's Motion to Dismiss, that. plaintitf has standing to assert claims for inverse condemnation even though it is no longer the owner or the property. However. the Court concludes that plaintiff has no standing to assert its claims for writ of mandamus, declaratory .judgment or unconstitutional zoning ordinance, since as a non-owner having no interest in the Property, it can show no injury. THEREFORE. THE COURT ORDERS: Defendant Town of Vaii's Motion for Summary Judgment is granted. Plaintiff's claims against the sown are dismissed with pre.iudice. DONE THIS ~ DAY' OF 1991. BY' THE COURT DISTRICT ~~DGE CERTIFICATE OF MAILING I HEREBY CERTIFY that a true and correct copy of the foregoing Order was placed in the U.S. Mails, postage prepaid and affixed, this 19th day of April 1991, addressed to: ISAAC H. KAISER WILLIAM D. BURDING, JR. Attorneys at Law 370 17th Street, Suite 2600 Denver, CO 80202-5626 ELDON E. SILVERMAN Attorney at Law 1120 Lincoln Street, Suite 1100 Denver, CO 80203 LAWRENCE A. ESKWITH Attorney at Law 75 South Frontage Road Vail, CO 81657 ~n~'h~ ` J ~ `~~~~.~lz~-- Carol S. Martin, CSR, RPR 6 ,:a . . GEMUTLICHKEIT AND ELEGANCE IN THE ROCKIES HOTEL AND ~ COUNTRY CLUB - I - - I fonn@nal 20 Vail Road Colorado 8t 657 (303)476-5656 1-800-654-8312 Apr i 1 3 0 . 19 91 Telex 287599 Telefax 303/476-1639 i The Vail Town Council Vail Town Chambers Hand Delivered Dear Members of the Council: I am writting to you to request the application for a Special Development District for the Sonnenalp Hotel to be taken off the July agenda. As you know this matter was tabled in January to be taken up in July of 1991. After further study of our plans, it will no longer be necessary to rezone our property to Special Development District. Please consider the plans that were submitted in this rezoning ~ attempt as withdrawn. There will be no modification to those plans submitted to you. ~~i Thank you for your consideration and time. Sincerely yours J nn Faessler Owned and Operated By The Fassler Family