Loading...
HomeMy WebLinkAbout1991-10-01 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, OCTOBER 1, 1991 7:30 P.M. AGENDA 1. CITIZEN PARTICIPATION 2. Consent Agenda A. Approval of Minutes of September 3 and September 17, 1991 evening meetings B. Ordinance No. 30, Series of 1991, second reading, and ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, Special Parking Assessment Fund, Vail Marketing Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, East Vail Utility Undergrounding District, Lionshead Mall Project Fund, Conservation Trust Fund, Lionshead Mall Debt Service Fund, and Booth Creek Debt Service and Construction Fund, of the 1991 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein 3. Ordinance No. 29, Series of 1991, first reading, an ordinance increasing the compensation to be paid to the Mayor of the Town of Vail and the members of the Town Council of the Town of Vail 4. Ordinance No. 32, Series of 1991, first reading, an ordinance amending Ordinance No. 10, Series of 1991, to provide typographical and wording corrections for Special Development District No. 22 (Dauphinais Mosely Subdivision), and setting forth details in regard thereto (Applicant: Town of Vail/Dauphinais-Mosely) 5. Ordinance No. 33, Series of 1991, first reading, an ordinance repealing and reenacting Special Development District No. 2 (Northwoods) in its entirety (Applicant: Pinos del Norte Condominium Association) 6. Ordinance No. 35, Series of 1991, first reading, an ordinance repealing and reenacting Section 18.04.360 -Definition of Site Coverage (Applicant: Town of Vail) 7. Resolution No. 20, Series of 1991, a resolution authorizing the Town to invest its surplus funds with other government entities in JEFFTRUST; and setting forth details in regard thereto 8. Adjournment C:VIGENDA.TC f"i~ ~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, OCTOBER 1, 1991 7:30 P.M. EXPANDED AGENDA 7:30 p.m. 1. CITIZEN PARTICIPATION 7:35 p.m. 2. Consent Agenda A. Approval of Minutes of September 3 and September 17, 1991 evening meetings Steve Thompson B. Ordinance No. 30, Series of 1991, second reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, Special Parking Assessment Fund, Vail Marketing Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, East Vail Utility Undergrounding District, Lionshead Mall Project Fund, Conservation Trust Fund, Lionshead Mall Debt Service Fund, and Booth Creek Debt Service and Construction Fund, of the 1991 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein 7:45 p.m. 3. Ordinance No. 29, Series of 1991, first reading, and ordinance Larry Eskwith increasing the compensation to be paid to the Mayor of the Town of Vail and the members of the Town Council of the Town of Vail Backaround Rationale: The Town Council requested that an ordinance be prepared for discussion increasing the compensation of the Town Council and the Mayor. 8:15 p.m. 4. Ordinance No. 32, Series of 1991, first reading, an ordinance Shelly Mello amending Ordinance No. 10, Series of 1991, to provide typographical and wording corrections for SDD #22; and setting forth details in regard thereto. The amendment is to correct one typographic error and one error in wording in Ordinance No. 10, Series of 1991 for SDD #22 -Dauphinais Mosely Subdivision. (Applicant: Town of Vail/Dauphinais-Mosely) Action Requested of Council: Approve/deny amendment request. Backaround Rationale: When the amendment to SDD #22 was made in April and May, 1991, there was one typographic error and one error in wording. This amendment is necessary to correct these items. No development standards will be affected by this amendment. Staff Recommendation: Approve Ordinance No. 32, Series of 1991, on first reading. 1 8:30 p.m. 5. Ordinance No. 33, Series of 1991, first reading, an ordinance Andrew Knudtsen repealing and reenacting SDD #2 in its entirety. The ordinance involves a major amendment to Northwoods Special Development District (SDD #2), to allow for an addition to the building and improvements to the right-of-way, located at 600 Vail Valley Drive, a part of Tract B, Vail Village Seventh Filing. (Applicant: Pinos del Norte Condominium Association) Action Reauested of Council: Approve/deny the request for a major amendment to SDD #2, on first reading. Backaround Rationale: The Pinos del Norte Condominium Association would like to construct a lounge that would be approximately 1,000 sq. ft., and 16 storage lockers, each approximately 50 sq. ft. These improvements are proposed to be located on the north side of the existing building. The landscaping treatment around these improvements will be bermed up over the roof so that only the east elevation of the lounge will be visible. In addition to the expansion of the building, the applicant is proposing to construct a sidewalk and bicycle lane running the distance of the Pinos del Norte property, which conforms to the Streetscape Plan and the Recreation Trails Master Plan. The PEC reviewed the proposal on September 23, 1991, and recommended approval to the Town Council with a 4-0 vote, with conditions. Staff Recommendation: Staff recommends the Council approve Ordinance No. 33, Series of 1991, on first reading. 9:00 p.m. 6. Ordinance No. 35, 'Series of 1991, first reading, an ordinance Jill Kammerer repealing an reenacting Section 18.04.360 -Definition of Site Coverage (Applicant: Town of Vail) Action Reauested of Council: Approve/deny Ordinance No. 35, Series of 1991, on first reading. Backaround Information: A sentence clarifying the intent of the existing site coverage definition is proposed. The PEC reviewed the request on September 23, 1991 and recommended unanimous approval 4-0. Staff Recommendation: Approve Ordinance No. 35, Series of 1991, on first reading. 9:05 p.m. 7. Resolution No. 20, Series of 1991, a resolution authorizing Steve Thompson the Town to invest its surplus funds with other government entities in JEFFTRUST; and setting forth details in regard thereto Action Reauested of Council: Approve/deny Resolution No. 20, Series of 1991. Backaround Rationale: JEFFTRUST is a local government investment pool, similar to Colo. Trust, the investment pool we use now. JEFFTRUST is a legal investment for the Town. Staff Recommendation: Approve Resolution No. 20, Series of 1991. 9:25 p.m. 8. Adjournment C:WGENDA.TCE 2 f~ i ~ ~ MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 3, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 3, 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 Robert Levine Jim Gibson Peggy Osterfoss Merv Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney Pamela A. Brandmeyer, Town Clerk The first item on the agenda was Citizen Participation. Hermann Staufer read a letter from one of his patrons expressing hope that Vail will find a solution to emergency vehicles which are intrusive during late evening hours. Johannes Faessler also spoke briefly, adding his concerns about the sirens. At this time, Mayor Rose advised that Council had reviewed Item No. 5 on the agenda during the Work Session earlier today. He related Council had decided not to pursue the item, which was Council's call-up of a DRB decision approving a modified landscape plan for the Gasthof Gramshammer (Applicants: Pepi and Sheika Gramshammer), and the item had been withdrawn from the agenda. Second on the agenda was a Consent Agenda consisting of four items: A. Approval of Minutes of August 6 and August 20, 1991 evening meetings B. Ordinance No. 25, Series of 1991, second reading, an ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1991 editions of The Uniform Building Code, The Uniform Mechanical Code, the Uniform Fire Code, The Uniform Plumbing Code, The Uniform Code for the Abatement of Dangerous Buildings, The Uniform Building Code Standards, The Uniform Fire Code Standards, and the 1990 edition of the National Electric Code; setting forth certain amendments to The Uniform Building Code, The Uniform Mechanical Code, The Uniform Fire Code, and the National Electric Code; and repealing Chapters 15.08 Building Permits - Review Procedures, 15.28 Water Closet Specifications, and 15.32 Model Energy Efficiency Construction Standards; and amending Section 15.36.010 of the Municipal Code of the Town of Vail; and setting forth details in regard thereto C. Ordinance No. 27, Series of 1991, second reading, an ordinance amending Section 18.58.020(C) - Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations, regarding enforcement of covenants restricting fence heights and details with regard thereto D. Ordinance No. 28, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 45, Series of 1990, to provide changes to Area D requirements that concern the phasing plan for site improvements for Area D; and setting forth details in regard thereto Mayor Rose read all titles in full. Merv Lapin moved to approve all items on the Consent Agenda, with a second coming from Jim Gibson. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was Resolution No. 19, Series of 1991, a resolution asking the 1 Colorado Wildlife Commission to take certain action concerning animal traps in and around the Town. Council asked for public input in order to finalize the resolution and get it to the Colorado Wildlife Commission before their meeting in Grand Junction on September 20, 1991. Forty-four (44) people specifically concerned with this item, not including Council or Staff, were present at this meeting. Blondie Vucich, representing Eagle Valley Humane Society, fervently noted a lot of support is needed, and urged not only passage of the TOV's resolution, but further participation by all interested in establishing the desired trapping restrictions specifically by noting the importance of their attendance at the upcoming Colorado Wildlife Commission meeting. With the exception of comments from Lewis MesKimmen, who spoke against extended setbacks, public input was in favor of trapping restrictions which would provide for greater safety and enjoyment for all who utilize the public hiking trails around Vail, humans and domestic pets alike. Input from Bob Slagle, Susie Bruce, Marka Moser, Flo Steinberg, Jackie Padow Osterfoss, Joanne Knutsik, Maryanne Wells, Robin Weedle, and Robin Peters all reflected agreement that the main issue is one of safety; assurance for locals and visitors to Vail that it is safe to recreate here. After public and Council discussion of the specific requests to be included in Resolution No. 19, Merv Lapin moved to approve Resolution No. 19 as amended, with a second coming from Rob Levine. A vote was taken and the motion passed 6-l; Jim Gibson opposed to show his support for even greater restrictions. Item No. 4 was an appeal by neighbors of a PEC decision approving a front setback variance at the Tupy Residence (Applicant: Leon Tupy; Appellants: Marka Moser, Cynthia Steitz, Bruce Allen). Andy Knudtsen reviewed the CDD memo dated August 12, 1991, to the PEC, including descriptions of the neighborhood concerns about parking, mass and bulk of the structure, the floodplain and wetlands and the impact of the development upon those areas, the amount of traffic along Buffehr Creek Road and the safety problems, the requirement to improve the public right-of-way with curb and gutter, and the issue of hardship claimed by the applicant. After hearing input related to safety concerns from several neighbors, and clarifications from E.J. Meade, designer of the Tupy residence, about the Army Corps of Engineers' definition of wetlands, the Council discussed using guidelines the TOV had set. Peggy Osterfoss then moved to uphold the PEC decision, with a second coming from Jim Gibson. Before a final vote was taken, note was made that notwithstanding constraints on the property, a project for the site that meets variance criteria was developed. A vote was taken and the motion passed unanimously, 7-0. There being no further business; Mayor Rose moved to adjourn the meeting at 9:50 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:\MINS.93 2 ~ MINUTES VAIL TOWN COUNCIL MEETING SEPTEMBER 17, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, September 17, 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 Robert Levine Jim Gibson Peggy Osterfoss Merv Lapin MEMBERS ABSENT: Lynn Fritzlen TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney The first item on the agenda was the TOV Ten Year Employee Recognition presentation. Liz Schramm, TOV bus driver, and Tim Barca, TOV maintenance worker, were individually introduced by Ron Phillips, thanked for their years of dedicated service to the Town of Vail, and given the Town's ten year service awards. Second on the agenda was Citizen Participation of which there was none. Item No. 3 on the agenda was Ordinance No. 30, Series of 1991, first reading, and ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, Special Parking Assessment Fund, Vail Marketing Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, East Vail Utility Undergrounding District, Lionshead Mall Project Fund, Conservation Trust Fund, Lionshead Mall Debt Service Fund, and Booth Creek Debt Service and Construction Fund, of the 1991 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the expenditures of said appropriations as set forth therein. Mayor Rose read the title in full. After brief review of the schedule of the detail of the supplemental appropriations presented by Steve Thompson, Jim Gibson moved to approve Ordinance No. 30 on first reading, with a second coming from Merv Lapin. Before a final vote was taken, Kent Rose inquired about the status of the Spraddle Creek parcel. Ron Phillips advised we are waiting for results of final appraisal work. Larry Eskwith added the Golf Course Maintenance parcel is also at issue. A vote was then taken and the motion passed unanimously, 6-0. Item No. 4 was the Eagle County Recreational Authority Intergovernmental Agreement pertaining to purchase of the Berry Creek 5th Filing parcel. Larry Eskwith reported the most recent draft of the Intergovernmental Agreement and Contract have been distributed to all members of the Authority for further consideration and review of changes. A purchase and sale agreement for the property has also been prepared and distributed to members of the Authority. Larry pointed out the agreement forms a separate governmental entity run by a Board to be chosen by each of the governmental entities. Larry answered questions asked about payment arrangements for administrative fees originated by the Authority. Larry said the closing bonds will go out November 1, 1991. Following discussion, Jim moved to approve the Eagle County Recreational Authority Intergovernmental Agreement with the condition that neither Vail Recreational District or Western Eagle County Recreational District become members of the Authority in order to avoid any conflict of interest as they are two possible long term managers of the property, with a second coming from Merv Lapin. Before a final vote was taken, Ron Phillips asked if percentages change among other parties or another party is added but Town of Vail amount is not changed, would the agreement need to come before Council again. Council felt it would not be necessary to 1 bring the agreement back to Council again under those circumstances. A vote was taken and the motion passed unanimously, 6-0. Item No. 5 was the Town Council call-up for a DRB decision approving the addition of bollards to the Vail Glo Lodge landscape plan. (Applicant: Craig Holzfaster) Kent Rose pointed out that this issue was called-up because the construction was done prior to approval. Hugh Warder, attorney representing Vail Glo Lodge, noted that the bollards were part of a larger construction project, and pointed out the addition of the bollards to the landscaping plan were for purposes of safety, protection of the landscape, and protection of the structure itself. When contacted by Betsy Rosolack, Mr. Holzfaster did file a separate application with the DRB which was heard and approved. There was no further discussion. Rob Levine moved to uphold the DRB decision approving the bollards, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 was a scheduled site visit to the Kravis Residence at 424 Forest Rd. Applicant/Appellant: Henry Kravis had filed an appeal of a denial by the DRB regarding a landscape illumination plan at the Kravis residence. Kristan Pritz asked that this item be postponed until November 5, 1991; as Kravis has hired an attorney who will be working with the DRB. Merv Lapin moved that the Kravis Residence appeal be tabled until November 5, 1991, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Returning to the afternoon's unfinished agenda items, Kent Rose requested Council pick up the Work Session at the Information Update. Steve Barwick informed Council he had received another, entirely different approach proposal from an investment banker to refinance the bonds related to the Pitkin Creek Housing Project. Instead of refinancing the bonds, this banker proposed selling the mortgages backing up the bonds in the open market. Steve stated the banker is asking for permission to start examining the mortgages and make a proposal to TOV. After additional discussion, Tom Steinberg moved to authorize Steve Barwick to proceed with hard negotiations with this investment banker, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 6-0. Ron Phillips asked Council if they recalled discussion of approximately one year ago about increasing Council salaries, when the issue was put on hold to be raised again just prior to election time, 1991. After brief discussion, Council voted 5-l, Jim Gibson dissenting, to have the issue brought before Council as an ordinance at the next evening meeting. Kent Rose noted he had received a call from Roger Tilkemeier who reported that while riding his horse above Potato Patch he came upon someone staking out a mine claim. Kent feels this may be a ploy to get some developable land on Forest Service property adjacent to the Town of Vail. Kent asked Larry to please check into this. Merv Lapin received a call about repairs being needed on bike path between Cascade and Matterhorn. Jim Gibson referred to the recent letter from Joe Staufer. It was not clear from the letter what piece of land is in question. Ron Phillips advised that the Community Development Department is talking with Mr. Staufer to try to alleviate the problem. Tom Steinberg mentioned that pick-ups/construction vehicles are pulling up on the grass at the west end of the Golden Peak parking lot. He suggested parking signs be posted there or that a row o.f boulders be placed there to permanently discourage this. Rob Levine reported items from the last Lionshead Merchants' meeting. Some folks are interested in putting in street lights by the Treetops Building in front of Gallery Row. There was a suggestion that some of the lights around Montaneros, seem too bright, and perhaps some of the lights be taken over to the Treetops Building. Public Works was asked to look into this. Also, Rob Levine reported that there was general consensus and desire 2 that the Lionshead Master Plan be a part of next year's budget. There being no further business; Mayor Rose moved to adjourn the meeting to an Executive Sessions at 8:50 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:\MINS.917 3 ~~L~ ORDINANCE NO. 30, Series of 1991 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, SPECIAL PARKING ASSESSMENT FUND, VAIL MARKETING FUND, THE REAL ESTATE TRANSFER TAX FUND, POLICE CONFISCATION FUND, EAST VAIL UTILITY UNDERGROUNDING DISTRICT, LIONSHEAD MALL PROJECT FUND, CONSERVATION TRUST FUND, LIONSHEAD MALL DEBT SERVICE FUND, AND BOOTH CREEK DEBT SERVICE AND CONSTRUCTION FUND, OF THE 1991 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN WHEREAS, contingencies have arisen during the fiscal year 1991 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 38, Series of 1990, adopting the 1991 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1991 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $ 49,077 Capital Projects Fund 1,313,214 Special Parking Assessment Fund 61,000 Real Estate Transfer Tax Fund 777,392 Vail Marketing Fund 33,248 Police Confiscation Fund 176,300 East Vail Utility Undergrounding District 25,000 Lionshead Mall Project Fund 76,744 Conservation Trust Fund 250 Lionshead Mall Debt Service Fund 14,175 Booth Creek Debt Service Fund 34,675 Booth Creek Construction Fund 185.000 $2,746,075 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 1 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. 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. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 17 day of September, 1991, and a public hearing shall be held on this Ordinance on the 1 day of October 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 17 day of September 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 C:\ORD.30 2 ~"i ~ ~ ORDINANCE NO. 29, Series of 1991 AN ORDINANCE INCREASING THE COMPENSATION TO BE PAID TO THE MAYOR OF THE TOWN OF VAIL AND THE MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF VAIL WHEREAS, Section 3.8 of the Home Rule Charter of the Town of Vail provides that the members of the Council shall receive such compensation and the Mayor such additional compensation as the Town Council shall prescribe by ordinance provided however, that they shall neither increase nor decrease the compensation of any member during his term of office; and, WHEREAS, the compensation of the Town Council and the Mayor has not been increased for some time; and, WHEREAS, both the rise in the cost of living and the increased time expended by both the Town Council and the Mayor in fulfilling their obligations make it equitable and proper that their compensation be increased; and, . WHEREAS, on November 19, 1991, there shall be an election for the purpose of electing a new Town Council for the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. All Town Council members whose terms begin after November 19,1991 shall have their compensation increased as follows: A) The Mayor of the Town of Vail shall be paid $1,000.00 per month. B) Each Town Council Member of the Town of Vail, other than the Mayor, shall be paid $400.00 per month. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any 1 duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ AND APPROVED 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 Chambers 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 C:IORD.29 2 Fig - ORDINANCE NO. 32 Series of 1991 AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 1991, TO PROVIDE TYPOGRAPHICAL AND WORDING CORRECTIONS FOR SPECIAL DEVELOPMENT DISTRICT NO. 22, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 10, Series of 1991 repealing and re-enacting SDD No. 22 was approved with certain typographical and wording errors; and WHEREAS, the Town Council wishes to correct those errors. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 4(A)(6) -Setbacks of Ordinance No. 10, Series of 1991 is hereby amended to read as follows: 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 ~ea~ #rr~nt setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2' into the required side setback of 10' for each lot. An unclosed, 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. Section 2 Section 5(G) - Conditions of Approval of Ordinance 10, Series of 1991, is hereby amended to read as follows: 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 1 primary unit. The developer may provide up to 15 employee dwelling units including the 6 required dwelling units if so desired. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 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 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. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of 2 this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 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. Section 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. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 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 , 199 i . Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 ~~L~. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 1, 1991 SUBJECT: Updated conditions of approval to the major amendment request for SDD #2, - Northwoods. rS. F... /ff.. The attached staff memo to the Planning and Environmental Commission describes the proposed modification to Special Development District No. 2 and provides an analysis of the SDD criteria. During the PEC hearing, the Commission modified the conditions of approval listed in the staff memo. Below is a complete list, reflecting the PEC discussion. The proposed development plan shall include the following: 1. The sidewalk shall be constructed out of concrete unit pavers, be a minimum of 7 feet wide in all locations, maintain the undulation shown on the approved plan, and be handicap accessible. 2. The improvements south of the existing roadway shall include a 1-foot drivelane expansion, a 4-foot bike lane, a 2-foot curb and gutter, and the sidewalk described in (1 above. The PEC strongly recommended that the road not be expanded by 1 foot in each lane. 3. The trees to be transplanted, which cannot be located on the Pinos del Norte property, should be located on the north side of Vail Valley Drive, across from Pinos del Norte, on Town of Vail land. The PEC strongly recommended that the Town Council direct staff to hand-water the trees after they are transplanted. If the Town staff cannot include these plantings in their watering schedule, the applicant should plant the trees on either the east or west end of the Northwoods development. 4. The applicant shall include lighting along the sidewalk. This lighting can be provided with a "Village light," or with several small lights located within the retaining wall which would shine down on the sidewalk, or an equally effective and attractive solution. A ~ ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development .Department DATE: September 23, 1991 SUBJECT: A request for a major amendment to Special Development District No. 2, Finos del Norte, Building C, Northwoods Condominiums/600 Vail Valley Drive Applicant: Pinos del Norte Condominium Association Planner: Andy Knudtsen :••::;:r :.....:::.:::..:.......::.~:::r~ , • max:: ~ n,~,,.{ •::,c•::...... .;1xox,..........:.. 9/...: r:~: :,~i••:r~ x ~ J° •i!ff .a»•:•,.:. r~°°.•: r.:: :rgh°~?i~';3ri:?.:!?.:'.., .v::'w::. n:: i::: :v..... f......... .....v.. {..~J.:•::: r.,~. r{;r?.i:vi::::: ii: i)•: /If/.f..:x: w::.w:i/r i:.:.. r.. r//.I/s.. fly..... rrC f.•.:f..:::N.?v:::.. J.. Fi:. .::cf,:........ : rif/i v. r~x i.i;::::~>:~:i:•::•::;•:?•;:?•:?::?•i:{•ra:•r::%G1::•:1;;f%:x?•:>:~i:?;%~::<;~;::.::::::•>::;::•:::~.i:;,~:::x22:1::::..:::: :..::f~.f::.~..,..,.rif/iii ..:.i...... ....:rr.:.......:'f?d. '+r.. • .....:.fi . f n: r. : r ::::v:.:~:.:n:: iiii:~:•:::q:?~:::::: ::v:.; v.:v: ii::v. ;....t::{•: rr + ....:.fir f r ~ n~'.y'?:..r: :n::n:w:::.:. . r.: ~ :w::::: ,dwr, :ciiy.6r.. r: •~N'~"w:i:'vf::2..cc• .*c...... .:{?:•M,ovfw:oF!.lv%%I.GG';iii ~:,:::,..:~:::::•;cw:i~':../.•..,:flddG::.........'S'~,GGiRCdd(lifolr'Y//'/;f%//...u~6.~w a~i"'~:r'///.f: ; f:: ~ f ;a!!•finr%i.~116:i61 I. DESCRIPTION OF THE REQUEST The Pinos del Norte Condominium Association plans to build an addition to Building C of the Northwoods SDD to accommodate two new uses. A recreation room, of approximately 1,000 sq. ft. in size and 16 private storage lockers, each approximately 50 sq. ft in size are proposed to be built on the north side of the building. The recreation room and storage lockers will be used solely by the owners and guests of Pinos del Norte. These uses are allowed by the SDD ordinance as listed in Section 18.42.070(B,D). The addition will be built adjacent to the existing underground parking garage. The east elevation of the addition will be visible, while the grades on the north and west sides will be bermed up to the roof to make these two elevations appear to be below grade. The roof will be landscaped with sod, and the existing trees in this area will be transplanted to the area between the addition and Vail Valley Drive. Along Vail Valley Drive, the applicant is proposing to construct an undulating sidewalk which will vary from 8-11 feet in width. It . will extend from the Northwoods driveway entrance on the east side of the site to the existing recreation path on the west side. It will be constructed in concrete unit pavers, per the Streetscape Plan. This request is a major amendment to Special Development District No. 2, because the addition expands the building footprint by more than 5 feet. The addition will not increase the allowable common area by more than 5%. 1 II. ZONING CONSIDERATIONS Zoning: SDD No. 2 Allowed Existing Proposed Total GRFA: 175,000 sq. ft. 156,103 sq. ft. 0 156,103 sq. ft. Common: 61,250 sq. ft. 14,000 sq. ft.* 2,499.7 sq. R 16,449.7 sq. ft. (35% of GRFA) Height: 45 feet varies 11.5 feet N/A Setbacks: 10 feet on East: 445' East: 445' all Sides West: 8' West: 8' North: 14' North:ll' South: 183' South: 183' Site Coverage: (25°!0 of lot area) 83,232.3 sq. ft. 78,380 sq. ft. 2,628.4 sq. ft. 81,008.4 sq. ft. * Approximate IIL SPECIAL DEVELOPMENT DISTRICT CRITERIA _______`__The evaluation of the proposal to_the nine SDD review criteria is provided-below: _ _ A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design„ scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff believes that the impact fi~~u the r,..~.osed addition on the character of the neighborhood will be minimal. The t,~.,t,osed addition wdl be 11-1r2 feet tall, and most of it will be s...;~.ned or covered with landscaping. The most noticeable change will be that the existing gabion retaining wall will be replaced with a boulder wall that will run the length of the property. The wall will have small shrubs planted among the boulders and will have many largo spruce planted along the top of the wall. There . will be a seven foot elevation difference between the base of the wall and the top. The seven foot height will be achieved by stepping the boulders back over a distance of approximately ten feet. Stepping the wall back in this manner will allow for fiequent pockets for landscaping. Staff believes that the landscaping and wall treatment will make the addition compatible with the immediate environment. 2 e .....:~4"'~~~. n ~ B. Uses, activity and density which provide a ~.~...patible, eff cient and workable relationship with surrounding uses and activity. The sunvunding uses include the Ski Club Vail building and the Vail Associates Children's Center, Manor Vail, Ford Park, and the soccer field Staff believes that the additional lounge space will not significantly alter the Pinos Del Norte development and that it will continue to be a compatible use with the surrounding properties. C. Compliance with parking and loading requirements as outlined in Chapter 18.52. Staff has determined that the r.~rosed storage area and lounge area do not generate a parking demand and that additional parking is not needed D. Conformity with applicable elements of the Vail Comprehensive Plan, T.. ~r.. policies and Urban Design Plans. The most significant issue discussed in Town documents relates to pedestrian, bicycle and automobile circulation adjacent to this site. This area is frequently congested, as it is located between Vail Village on the west and Ford Park and the recreation path on the east. The Rec~~eation Trails Master Plan Report calls for bike lanes in this area. Specifically, the plan states that: "This trail type (bike lanes) is called for on roads where no other trail exists, such as portions of the Frontage Road and Vail Valley Drive f~.,.~~ the Gold _ _ _ Peak Base to the athletic fields. The bike lanes will be one way and 4'-5' . _ wide (depending on the shoulder available). The bikes will be moving with traffic." The Streetscape Plan calls for a sidewalk to be constructed from the Village Transportation Center to the soccer field For the portion along this property, it is called out to be 8-10 feet wide. Staff believes that it is reasonable to require the applicant to improve the public right-of--way abutting the Pinos Del Norte property, in compliance with both of these plans. One of the original concepts of the Homeowner's Association to be included in the development was a link fi.,.,. the Pinos Del Norte parking garage to the bike path on the west side of the property. The applicant has maintained this concept and has agreed to modify it somewhat to meet the standards in these Plans. One drawback to the improvements for this section of Vail Valley Drive is that there will be significantly more asphalt and hard surface in this corridor. The Streetscape Plan is calling for the addition of two 4foot wide bike lanes and an 8-foot wide sidewalk. In addition, a 2-foot gutter and a 2-foot expansion of the drive lanes will 3 need to be installed. As a result, there will be an additional20 feet of hard surface added to the existing 22-foot wide road. These improvements will require that most all of the right-of--way be used. In the attempt to t,~~ ride as much landscaping as possible between the proposed addition and the sidewalk, staff has r..,~.osed locating 4 feet of the bike lanes and 1 foot of the drive lane widening on the north side of the road. The five feet required for these improvements will use up almost all of the remaining right-of--way on the north side of the road. During the staff review of the ~,..,~.osal, staff discussed the impacts of the increase in hard surface and decrease of landscaped area. We believe that the widths r.,,t,osed for bike lanes and sidewalk are the minimum necessary to provide safe spaces for the different modes of traffic. (Originally larger bike lanes and sidewalks were proposed.) Staff believes this portion of Vail Valley Drive, in particular, needs the extra room for pedestrians and bicyclists. In addition, this alignment is consistent with the direction Planning Commission gave during the July 8, 1991 worksession. This design is consistent with the Streetscape Plan and Trails Plan and provides an adequate buffer of landscaping between the y~~~,osed addition and public area. It has been reviewed and approved by the Town Engineer and meets all engineering standards. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The Town hazard maps for avalanche, rockfall, floodplain and debris flow show that this site is not affected by these hazards. . F. Site plan, building design and location and open space provisions designed _ _ to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Staff believes that the site plan and building design will preserve the appearance of open space. All the existing vegetation in the area will be preserved since the applicant is transplanting it. As there will be more trees to be transplanted than can _ be accommodated in the buffer between the building and the r.~~,osed street improvements, the applicant has requested to locate the trees on the north side of Vail Valley Drive at the south entrance to Ford Park.. As these is no existing irrigation at this spec location, there may be other more appropriate sites. The applicant may move the trees to other locations on-site, possibly the west end Staff believes that the landscaping efforts and quality of the Northwoods development will work together to be consistent with the overall aesthetic quality of the community. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic arculation. Staff believes that the applicant has fully addressed the circulation systems for 4 i Y ~ pedestrians, vehicles as well as bicycles, as discussed above. H. Functional and aesthetic Landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscaping plan will effectively screen the addition and provide a natural buffer between the street and rest of the Pinos DeI Norte condominium building. Staff believes that the landscaping plan, as discussed above, will preserve the natural appearance of the site and will soften the retainige along the sidewalk. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. No phasing plan is proposed. IV. REVIEW PROCESS As this is a major SDD amendment, the Planning and Environmental Commission will be malting a recommendation to the Town Council. Specifically, the recommendation will be to amend "Section 18.42.040, Development Plan -Contents" by adding: Fi. A revised site plan, dated September 16, 1991, showing improvements including a lounge, storage locker area, revised landscape plan, boulder retaining wall, new sidewalk constructed out of unit pavers, and a new bike lane. In addition to this amendment to the SDD, staff would like to revise a portion of the existing Pinos Del Norte SDD ordinance. Section 18.42.030(B) currently reads, "Amendments of the development plan shall be approved by the Town Council by resolution." Staff is proposing to amend this section to read, "Amendments of the development plan shall proceed as follows: The initial review of the proposed Special Development District shall be held by the Planning and Environmental Commission at a regular scheduled meeting. Prior to this meeting, and at the discretion of the Director of the Department of Community Development, a worksession may be held with the applicant, staff and the Planning and Environmental Commission to discuss the proposed Special Development District. A report of the Community Development Department staff's findings and recommendations shall be made at the initial formal hearing before the Planning and Environmental Commission. A report of the Planning and Environmental Commission stating its findings and recommendations, and the staff's report shall then be transmitted to the Town Council in accordance with the applicable provisions of the administration section of the municipal code. The Town Council shall consider the Special Development District, 5 and if it is determined that the r...t,osal should be at,r..,ved, shall ary.~ve the Special. ~ Development District modification by ordinance, according with the administration section of the municipal code." Staff is proposing to repeal and re-enact portions of SDD No. 2, incorporating these two modifications into the SDD. V. CONCLUSION Staff believes that the r,.,t,osal meets the SDD criteria. Staff believes the applicant has worked hard to produce an aesthetically pleasing solution which addresses many differE;nt uses. For example, the plan accommodates bicycle traffic, pedestrian traffic, as well as the new addition, and includes a visually pleasing landscape and retainage treatment. Staff' is _ pleased with the way the applicant has incorporated the Streetscape Plan and Trails Plan into this project. Specifically, the criteria for compatibility with adjacent 1,.,~~,erties, the requirement to conform with applicable elements of the comprehensive plan, and the requirement for an aesthetically pleasing landscape plan are met. Therefore, staff recommends that the PEC recommend to Town Council that SDD NO.2 be repealed and re- . enacted, to include the proposed development plan as part of the official Development Plan Contents and to modify the section regulating amendments. The proposed development plan has the following specifications: 1. The sidewalk shall be constructed out of concrete unit pavers ,and shall be a muumum of eight feet wide in all locations, and shall maintain the undulation shown on the approved plan, and tie handicap accessible. 2. The improvements south of the existing roadway shall include a 1-foot drive lane expansion, a 4foot bike lane, a 2-foot curb and gutter, and the sidewalk described above. 6 ' ry ' . coo R w~. ' ~ ~•~anKGtrf~F~11 AlA ~ R~ • , ~ x,..11 I ` '.'t l J ( ~ ~ ` r. . . r r.. ~ ' .r... y .....r. r^' 1i... :1 p . . m-.~. :~I:O ~r Tom"` ~;q ~ ~..r y4r, •e.+~w ~ ~I 11 •l ` •lo ~5-; • I1.. • ?iq' ' ply ~ I!o - • . _ ~ ~ ~J'F4'..+ Irr.p.w /++wG • i ~ - i non.. r 1 I , ~ Ipr.:. A CMt.N Y.: ~~j p L~~ ~ ~ I 2 3r„ _ , j . r. ~ • i ~ ~ 3:rrl(1~, r y' r • ..i' ~~I ~ ~i.a1~ ~v ~ . • • • • ` ~ / ANN hry~clyP/ ~ . . i' .r'•• 'r .~'i - ~.r• q' pfNt +TMIGf•4C- r. ~yi~: i• r r r r ?r ~ rte' ~ ~ t •'i ~ `r, . ••e..:.;; : • • , ' • III • . r it . ~ + r. . • ' L ~ DEL ~ b ` ~ ' i E/LI ~ t ' . e .r• ` • I . ~ ~ i. ' ~ r , I . "~lt~lQ'r t7El~ f . ~a ~'\p~ it ` RT :A. 1t I ~ ~ , • . _ r~lti, 1 ~r _ ='-~--=i-"=fit. T.k..za.rA~.~ -'r-ti ttil++ tI ssH:~~;li~il? .a'::_.`~,~- Ct. ti=Y°X. ^~..1 ~ , 9 tt~li~~-l~i~~1 _ = - _;1s=~_•-r.T-_.;3~; I ,'l~.f;~ - Pry r>a~ ~ ~ ~ ~u _ ~ _ ~ f ~ / ~ • ~1 y ~My '~'dt',1 r. ..r~ry :~)'Tt~. 1 ~1, ~ S(-~ t ~ _ - i 1 _a `y~s.J `5\ i/ti 'r' j . _'t' ""rte 1 i ~ , _se-- ~ ~ '1~ 1~-~~.f~ ~~tl ~'~.~.3 J~v.r-~„~!~_ v C~~..11r~i1 :Il}•~~4 ~ T•~i , ~ - 1- f+ , ~ ~ a _ t~N~ S ~N~ ` . ~1p~W~t.~ - _ Na - - aril W -:ai , ~t_ i 1 . ~ j .`p'; ,l i F;`~x ~ 1:. ~f ? 1r '!`.~'j / ~ i ~ ~ ` ICJ r ~ / 1~~?_ ~1 'a~ ll~''~ >/"J~~-12..e a" ? . ~ 'i. / -yam ~,/~?~r~ P~ - ~ ^ - ~ L JJ~ I= r 1 1 I-, C - ~ . ~ ,I , . . ORDINANCE NO. 33 Series of 1991 AN ORDINANCE REPEALING AND RE-ENACTING SPECIAL DEVELOPMENT DISTRICT NO. 2 IN ITS ENTIRETY. WHEREAS, Special Development District No. 2 was established June 4, 1974; and WHEREAS, it is the intention of the Homeowners' Association to expand one of the existing buildings within the Northwoods Special Development District No. 2; and WHEREAS, Section 18.40.100(6) of the Town of Vail Municipal Code requires that major amendments to existing SDDs be approved by Town Council by iwo readings; and WHEREAS, the Planning and Environmental Commission, at their September 23, 1991 meeting recommended to Town Council by a vote of 4-0 to approve the proposed modification to Special Development District No. 2. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Chapter 18.42 of the Municipal Code of the Town of Vail be repealed and re-enacted as follows: 18.42.010 -Purpose A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an environmental impact report indicates that the special development will not have a substantial negative effect on the town or its inhabitants, the development is regarded as complementary to the town by the town council, planning commission, and design review board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. (Ord. 6(1974) _ 2: Ord. 8(1973) Art. 13, Ch.2 (part).) 18.42.020 -Established Pursuant to the provisions of Chapters 18.02 and 18.66, special development district 2 is established for the Northwoods development on 7.643 acres as more particularly described in the 1 legal description on file in the office of the town clerk. A portion of Block 2, Lot A, and a portion of Tract B, Vail Village Seventh Filing, said portions together containing 5.774 acres, to be known as development area A, may be used for development in accordance with Sections 18.42.090 through 18.42.180, the other 1.869 acres in the parcels, to be known as recreational area B, shall be reserved for open space, recreational amenities, and if necessary a maximum of fifteen overflow parking spaces, and the 7.643 acres shall be referred to as "SDD No. 2." (Ord. 6(1974) _ 3(A): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.030 -Development Plan -Adopted A. The development plan of Vail Associates, Inc., for its Northwoods development, which is a part of its application, is approved, incorporated by reference in this chapter, and made a part of special development district 2, and constitutes a general plan which shall be complied with for the development within the special district. B. Amendments of the development plan shall be-L.,;,r- proceed as follows, ; The rn€tial ,review of the proposed Special DevetOpment ~?~strict shall be heCd;by the PlartrtEng and Environmental ~vmmission at a ,regular scheduled n~e.eting i'rior to;tb€s meting; and at the discret€~n of the C~irector of the i0epartment of Camrrtunity ve pment a wa , :,;essian may be held with the ,;app€icant, s aff ar~d the Planning and Env~ronmentai C~amm~ss~on to discuss the proposed Spe~ia€ ae~relopmartt; pistrict A t'eport of the +Comnnunit~r Development d~epartrnent staff s f~n~ngs and;recommer~dations shall bd made at the initial torm~€ hearing befdr~ the Planning and Environmental Commission A t'epart of the Plar*n~ng-and Env~ronmerrfiat;Commisslon; stat€rrg its firid~ngs and recommendations, arrd the ~~aff's~~port;~ha€I then be trar~sm~tted to th+~ 'Gown Council In accordance with. file appiicabl~e provl~ions of the administration section. of the municipal cede The Town Council; shall cortsrcJer the Spedial pevelopment Q~strict, aril if €t is; determined that the. proposa€:shouid beapproved, sl~ali approve fhe Special l~ev~lopment ~istriLt;tncsdiiicatton by orr~nanee, according to the'administratiori section ofthe municipal etdh! C. Each phase of the development shall require the approval of the design review board of the town, pursuant to the provisions of Chapter 18.54, before the commencement of site 2 preparation, building construction, or other improvement of open space within the special district by the developer in accordance with the development plan. (Ord. 6(1974) _ 4: Ord 8(1973) Art. 13, Ch. 2(part).) 18.42.040 -Development Plan -Contents The development plan includes but is not limited to the following data: A. The environmental impact report, which was submitted to the zoning administrator in accordance with Chapter 18.56; B. Existing and proposed contours after grading and site development having contour intervals of not more than two feet where the average slope on the site is twenty-five percent or less, and contour intervals of not more than five feet where the average slope on the site is greater than twenty-five percent. Supplemental documentation of proposed contours shall be submitted to the zoning administrator with the plans for each phase of the development; C. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas; D. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; E. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch equals one foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and . appearance of the proposed buildings shall be submitted on a phase basis; F. An architectural model of the site and the proposed development, documented by photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development; 3 G. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for interim development H: revised sate planr t~or.'pla~~. and elevatipns, d tprrtber :,sowing. ~mprQU~ei~ei, : irtciuding a; lt~unge, storage locker arrea.; reuised :escape plan, boulder ~~ta€rting wall, new sfdewak constructed out o~ unit.pavers; ~r~d"~ new bids tare, pr~apare ay Pierce, 5egerberg and. 5paeti Architects, j~ C~, A I,A (Ord. 6(1974) _ 5: Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.050 -Permitted Uses. The following uses shall be permitted in the SDD No. 2 district: A. A maximum of one hundred twenty-nine dwelling units; B. A maximum of six dwelling units to house onsite management personnel. (Ord. 6(1974) _ 6: Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.060 -Conditional Uses. The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Private clubs and civic, cultural and fraternal organizations; B. Ski lifts and tows; C. Public buildings, grounds and facilities; D. Public park and recreational facilities. (Ord. 6(1974) _ 7: Ord. 8(1973) Art. 13, Ch. 2(part).) E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. (Ord 6(1982). 18.42.070 -Accessory Uses. The following accessory uses shall be permitted in the SDD No. 2 district: A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses; B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area; 4 C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190; D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 6(1974) _ 8: Ord. 8(1973) Art. 13, Ch. 2(part).) E. Minor arcade. (Ord. 6(1982).) 18.42.080 -Lot Area and Site Dimensions Special district 2 shall consist of two development areas totalling 7.643 acres as specified in Section 18.42.020. (Ord. 6(1974) _ 9(A): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.090 -Setbacks The required setbacks shall be as indicated in the development plan, being a minimum of ten feet. (Ord. 6(1974) _ 9(B): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.100 -Distance Between Buildings. The minimum distances between all structures shall be as indicated in the development plan, being a minimum of thirty feet. (Ord. 6(1974) _ 9(C): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.110 -Height. The maximum height of buildings shall be forty-five feet. (Ord. 6(1974) _ 9(D): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.120 -Density. The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall not exceed one hundred seventy-five thousand square feet. (Ord. 6(1974) _ 9(E): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.130 -Building Bulk. The maximum length of any wall of a building face shall be one hundred seventy-five feet with a minimum offset of seven and one-half feet for every eighty feet of wal! length; and the 5 maximum distance in the same plane between any two corners of a building shall be two hundred twenty-five feet. (Ord. 6(1974) _ 9(F): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.140 -Coverage. Not more than twenty-five percent of the total site area may be covered by buildings. (Ord. 6(1974) _ 9(G): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.150 -Open Space. A. Useable open space for dwelling units shall be required as indicated in the development plan, but in no case shall the useable open space requirements be less than as follows: 1. A minimum of one square foot of useable open space for each four feet of gross residential floor area; 2. Not less than one hundred fifty square feet of useable open space shat( be provided for each dwelling unit. B. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the required useable open space shall be provided at ground level, exclusive of required front setback areas. C. At least seventy-five percent of the required ground-level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten feet. D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non-ground- level useable open space shall be five feet, and any such area shall contain at least fifty square feet. (Ord. 6(1974) _ 9(H): Ord. 8(1973) Art. 13, Ch. 2(part).) 18.42.160 -Landscaping and Site Development. A. At least sixty percent of the total site area shall be landscaped as provided in the development plan. B. Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the town parking fund, established 6 by this section for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee required in this section prior to the issuance of a building permit for said development or redevelopment. 1. The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council; provided in no event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally. If any payor's funds are not used by the town for one of the purposes specified in subdivision within five years from the date of payment, the unused portion of the funds shall be returned to the payor upon his application. 3. In accounting for the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payor shall be credited against the assessment with the amount previously paid. (Ord. 13(1978) _ 4; Ord. 6(1974) _ 9(I); Ord 8(1973) Art. 13, Ch. 2(part).) 18.42.170 -Parking and Loading A. The quantity of off-street parking and loading facilities shall be provided in accordance with Chapter 18.52. B. At least eighty-five percent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefor is obtained from the planning commission. 7 C. No parking or loading area shall be located in any required front setback area. (Ord. 6(1974) _ 9(J); Ord. 8(1973) Art. 13, Ch. 2(part).) 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 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. 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 the inhabitants thereof. Section 4 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. SECTION 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 8 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 9 i ~ , MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 1991 SUBJECT: A request to amend Section 18.04.365, Definition of Site Coverage, in order to clarify the definition. Applicant: Town of Vail Planner: Jill Kammerer vvnv::: x::::::::: rr:.:tv:..•.:.•: • ........'Fr}r:}vx:fAi}\.r.r~..r.:fi'1.:i}}'f1/.•:J~:?G}:ff:fffi: f•: J1f/ri %r//N :4'A................... ri: ~}:vXi:viiiiiY4:+ 4 : r: f:: ~ . ...................................................:rf.:.....:..;,.::: 1, f:;•::: n..1 :f,.,..b?.;•<}>:''.ri:.f:a;r:::.: ~:iv'ai•??:::;4 : .............::.......r..r........... r..::?::.::.~::: . ~ •::::::::::.v::.:::::.v:::: • f.:::::......... 1 :v•:.. } r r.. ........................n.:.v: r...:..........nr .r. ~ ::r~t+:..:::: 1.1.:;v}lji:: n'i.'i.;ivrfry}: rf,.:..;{{{r'lif it:r%ff:r:.r::::•6ii: } is f?ir::::: is?4}}?ii'iii:v: m: w:::.v,v::::..• ....fi...:......•}Y .................,....f............r.................. x...L./+..li. / : r nv::::}~~ v:} x••:»r:iu::r.. :ti:.}v::::.........: •r:::: i}iY::::::::::: n......:::..: rr:: rs: is , :::::::.v......:r:x:.wr.. iJN• r, .rr . .:::::..?:.a...a ,........r:::::....n,.::.. ..,:r••.•.:? ::...:,:{~.r/r/:nco'.C~dsY.u.!ifw1/.wfi1./%far.:l.•;.{./a,/..Gr/!:x " ••s: ;Gdi.~r::r/nF.C:Gis Under Ordinance No. 37, Series of 1990, which was approved on December 4, 1990, the definition of site coverage was revised to read as follows: "18.04.360, Slte Coverage. 'Site coverage' means the ratio of the total building area on a site to the total area of the 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 walls, carports, porte cocheres, arcades, and covered or roofed walkways. In addition to the above, building areas shall also include any portion of roofed 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." Since the time of the adoption of this definition, there has been debate regarding what constitutes a "covered or roofed walkway." Following an appeal regarding a staff interpretation of this definition, the Town Council instructed the Community Development Department staff to amend the definition of the site coverage so as to clarify what constitutes a "covered or roofed walkway." Staff proposes the definition be amended so that the definition of covered or roofed walkways coincides with the Section 18.58.060 of the code, relating to balconies, decks and stairs above ground. Section 18.58.060 of the code reads, in part: "A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck, but in such case, shall not be deemed a roof for the lower balcony or deck." Staff proposes the definition of site coverage, Section 18.04.360, Site Coverage be revised to read as follows: "...Building area shall include all walls, carports, ports cocheres, arcades, and covered or roofed walkways. For the purposes of this definition. a balconv or deck nroiectina from a higher elevation may extend over a lower balconv, deck or walkway, but in such case shall not be deemed a roof or covering over the lower balconv, deck or walkway. In the addition to the above, building area shall also include any portion of roof overhang, save, or c:\pec\tov`sitecov.923 ORDINANCE NO. 35 SERIES OF 1991 AN ORDINANCE AMENDING SECTION 18.04.360, SITE COVERAGE OF THE MUNICIPAL CODE OF THE TOWN OF VAIL AND SETTING FORTH THE DETAILS IN REGARD THERETO WHEREAS, site coverage is an important tool for controlling the level of development in the town; and WHEREAS, modifications to site coverage as defined in the Vail Municipal Code are necessary to ensure its effectiveness; and WHEREAS, in accordance with Section 18.66, the Planning and Environmental Commission held a public hearing on the proposed amendment on September 23,1991 and has submitted its recommendation to the Town Council to approve the proposed amendment; and WHEREAS, The Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Section 18.04.360 Site Coverage of the Municipal Code of the Town of Vaul is amended to read as follows: 18.04.360 Site Coveraae "Site coverage" means 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, carport, Porte cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balconv or deck proiectina from a hieaher elevation may extend over a lower balconv, deck or walkwav. but in such case the hiaher balconv or deck shall not be deemed a roof or coverina for the lower balconv, deck or walkwav. In addition to the above, building area shall also include any portion of a 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 the perimeter building walls or supporting columns. t 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 be declared invalid. 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 the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5 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 Ordinance on the day of , 1991 at 7:30 p.m. in the Council Chambers 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 2 INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk c:brdbrd17.91 3 RESOLUTION NO. 20 SERIES 1991 A RESOLUTION AUTHORIZING THE TOWN TO INVEST ITS SURPLUS FUNDS WITH OTHER GOVERNMENT ENTITIES IN JEFFTRUST; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, C.R.S. Section 24-75-601 and 701, et seq., as amended and C.R.S. Section 24-75-702, et seq., as amended, authorize local governments to pool any moneys in their treasuries which are currently surplus funds and not immediately required to be disbursed, with similar moneys from other local governmental entities, in order for these entities to take advantage of short-term investments and maximize net interest earnings; and, WHEREAS, JEFFTRUST is formed as a common law trust under the laws of the state of Colorado; and, WHEREAS, the Town of Vail wishes to participate in JEFFTRUST. NOW, THEREFORE, it is hereby resolved: 1. The Town Council hereby designates the Controller of the Town of Vail, who is the Town of Vail official empowered to invest the Town's funds to execute the JEFFTRUST trust indenture and any other documents necessary to establish an account with JEFFTRUST, and the Controller is hereby designated the "Treasurer" as that term is defined in the trust indenture and is therefore authorized to invest money from the Town of Vail treasury, from time to time, which are not immediately required to be disbursed, by purchasing shares of JEFFTRUST with those available funds as he deems appropriate and is authorized to redeem, from time to time, part or all of those shares as funds are needed for other purposes. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\RESOLU.20 1 TOWN OF VAIL -TOWN COUNCIL MEETING SCHEDULE 1992 BUDGET SPECIAL MEETING THURSDAY, OCTOBER 3, 1991 7:00 P.M. AGENDA 7:00 p.m. Community Relations 8:00 p.m. Special Events, Insurance 8:30 p.m. Real Estate Transfer Tax Fund Debt Service Fund Lease/Purchase Schedule Conservation Trust Fund Lionshead Mall Assessment District Fund Marketing Fund C:WGENSPEC.TC F~~~ WORK SESSION FOLLOW-UP September 27, T991 Page 1 of,~,~3 ' TOPIC QUESTIONS FOLLOW-UP SOLUTIONS ' , - 8/8/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements Council is mulling over next step. ANNEXATION for annexation. (request: Lapin) 07/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Larry will work with bond counsel EAST VAIL Electric to establish special improvement regarding financing package. district(s) for underground utilities in East Vail. 12/18 MTLLRACE CONDO. ASSN. KRISTAN: Respond. With foreclosure of property complete, follow=up-on--n-ew-contacts-nt-fated. - LETTER - - - - - - A letter has been written to Seatt e f First; response requested as soon as possible. Will keep Council posted. Met ' with Frank Freyer and bank on 9-26-91. 1/11/91 SNOW STORAGE RON/GREG: Work out site acquisition with Larry following up with Tamra Underwood. VA. Complete design. VA has not yet received second opinion from outside counsel. Environmental analysis contract is being approved. 05/07 VA/2o SALES TAX COLLECTIO LARRY/STEVE: Research remedies to change Research is underway. Larry to get any (request: Gibson/Lapin) this to a mandatory TOV tax collection. legal information needed to Steve. To be done when budget work sessions are completed (mid-October). 05/14 VIEW CORRIDORS KRISTAN: Research additional corridors Monumentation for existing view corridors to be legislated. will be initiated Fall 1991. Item to be debated further during budget presentation. 1 WORK SESSION FOLLOW-UP September 27, 1991 Page 2 of 3 TOPIC (?UESTIONS FOLLOW-UP SOLUTIONS 07/09 SNOW REMOVAL ON PRIVATE LARRY; Research ordinance. Ordinance already on TOV books regarding PROPERTY individual's responsibility to clear sidewalks.. Wording to the effect this is a 'negligent act" if left undone within a certain timeframe to be added. Present at WS 10-8-91 for discussion. 08/20 REVISE ORDINANCE ON LARRY: Recommend revisions for Ordinance to be presented to Council on BIDDING REQUIREMENTS bidding process. 10-15-91. (request: Rose) _ - - - - t 08/27 SALES TAX ISSUES SALLY LORTON: Rob stated a new Hotel mark-ups on "guest" phone calls are funding source has recently been taxable. Specific notice of this will be discovered, i.e., local sales tax sent out soon. Sales tax is due only on should be collected on "guest" phone phone repair bills wherein the labor calls. Kent asked if it was proper charge is not separated from the parts to collect sales tax on phone repair charge. If separated, sales tax is work done outside the home, i.e. a collected only on the charge for parts. $50.00 charge for a service rendered. Needs to be discussed further after budget is complete. 09/10 BOOTH CREEK PEDESTRIAN RON: Check out whether this Memo listing various options has been UNDERPASS is apart of the Master Trail's Plan, forwarded to Ron. how much use it actually receives, and . cost of repair/replacement. 09/17 BIKE PATH REPAIRS KEN: Citizens have complained Passed on to Pete Burnett. This had {request: Lapin) about the condition of the bicycle path already been scheduled and should be between Matterhorn and Cascade Village. completed soon. _ ~ WORK SESSION FOLLOW-UP September 27, 1991 ~ - . Page 3 of ,3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 09/17 GOLDEN PEAK PARKING KEN: Vehicles have been pulling VA owns this property.. :Pam spoke with Joe AREA onto the grassy area to the west of the Macy who is checking faith VA. " (request: Steinberg) parking lot. Research posting signs/plac ng boulders, etc., to discourage this. 09/17 STREET LIGHTS PETE BURNETT; The LionsHead Merchants Public Works will analyze. (request: Levine) Association would like to see a couple changes, which might include some of the lighting by Montaneros, which is too brig t, and placing it in front of Gallery Row in the Treetops Building. 09/24 OIL LEASES ON FOREST KRISTAN: PEC and public review will proc ed PEC will review on 10-28-91. To Council SERVICE PROPERTY with letter to Bill Wood outlining Counci 11-5-91. recommendations. 09/25 LANDFILL FEES RON: Prepare letter to the County Will do. VAIL MTN. RESCUE GROUP Commissioners in support of raising landf 11 fees to offset recycling costs. Lobby wi h County for additional monetary support, other than just from Sheriff's office.