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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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:'
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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
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(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
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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'
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• ~ ' . 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
•
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I, '1'uwn Clerk. .
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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
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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
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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