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HomeMy WebLinkAbout1991-11-05 Support Documentation Town Council Regular Session r VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 5, 1991 7:30 P.M. AGENDA -REVISED 1. Ten Year Employee Recognition. 2. Recognition of Donation by Vail/Eagle Valley Rotary Club for 1991 Tree Planting Project at Timber Ridge/Post Office. 3. CITIZEN PARTICIPATION. 4. Consent Agenda. _ A. Approval of Minutes of October 1 and October 15, 1991 evening meetings. B. Ordinance No. 34, Series of 1991, second reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract for the construction of a public improvement with a value of not more than $100,000 may be negotiated by the Town Manager without submitting it for bid; and setting forth the details in regard thereto. C. Ordinance No. 36, Series of 1991, second reading, an ordinance providing for the establishment of Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. (Applicant: Timber Falls Association) D. Ordinance No. 37, Series of 1991, second reading, an ordinance amending Section 18.32.030 of the Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use in the agricultural and open space zone district. (Applicant: Vail Valley Consolidated Water District) E. Ordinance No. 38, Series of 1991, second reading, an ordinance authorizing the sale of certain property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. F. Ordinance No. 39, Series of 1991, second reading, annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year ending January 1, 1992, through December 31, 1992, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991 tax year and payable in the 1992 fiscal year. 5. Discussion of issues regarding changes to Area A requirements for Special Development District No. 4 that concern the development plan for "The Cascades", a/k/a Millrace IV, a/k/a Cosgriff Parcel. (Applicants: East West Partners and Commercial Federal Bank) 1 6. Ordinance No. 43, Series of 1991, first reading, an ordinance amending Chapter 18.04 of the Municipal Code of the Town of Vail by the addition of Section 18.04.276. setting forth a definition for plant products; by the addition of Section 18.04.289, setting forth a definition for "Seasonal Plant Product Business"; amending Section 18.30.030 of the Municipal Code of the Town of Vail by the addition of Paragraph T, Seasonal Plant Product Business, and setting forth details in regard thereto. (Applicant: Richard Dilling/West Vail Texaco) 7. Ordinance No. 42, Series of 1991, first reading, an ordinance authorizing the issuance of bonds in the approximate amount of $2,525,000 related to the Intergovernmental purchase of the Berry Creek 5th Filing. 8. Ordinance No. 44, Series of 1991, first reading, an ordinance amending Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. . 9. Resolution No. 21, Series of 1991, a resolution setting a fee in lieu of the dedication of land for school sites as provided for in Ordinance No. 1, Series of 1991. 10. Review of selected artist for the Art in Public Places (AIPP) Vail Transportation Center (VTC) project. 11. Appointment of two Local Licensing Authority members. 12. Adjournment C:WGENDA.TC 2 1~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 5, 1991 7:30 P.M. AGENDA 1. Recognition of Donation by Vail/Eagle Valley Rotary Club for 1991 Tree Planting Project at Timber Ridge/Post Office. 2. CITIZEN PARTICIPATION 3. Consent Agenda A. Approval of Minutes of October 1 and October 15, 1991 evening meetings. B. Ordinance No. 34, Series of 1991, second reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract for the construction of a public improvement with a value of not more than $100,000 may be negotiated by the Town Manager without submitting it for bid; and setting forth the details in regard thereto. C. Ordinance No. 36, Series of 1991, second reading, an ordinance providing for the establishment of Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. (Applicant: Timber Falls Association) D. Ordinance No. 37, Series of 1991, second reading, an ordinance amending Section 18.32.030 of the Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use in the agricultural and open space zone district. (Applicant: Vail Valley Consolidated Water District) E. Ordinance No. 38, Series of 1991, second reading, an ordinance authorizing the sale of certain property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. F. Ordinance No. 39, Series of 1991, second reading, annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year ending January 1, 1992, through December 31, 1992, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991 tax year and payable in the 1992 fiscal year. 4. Ordinance No. 41, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A requirements for Special Development District No. 4 that concern the development plan for "The Cascades", a/k/a Millrace lV, a!k/a Cosgriff Parcel; and setting forth details in regard thereto. (Applicants: East West Partners and Commercial Federal Bank) 5. Ordinance No. 43, Series of 1991, first reading, an ordinance amending Chapter 18.04 -Definitions and setting forth a definition for seasonal plant material and Section 18.30.030 -Conditional Uses to add sale of seasonal plant material as a conditional use in the Heavy Service Zone District. (Applicant: Richard Dilling/VVest Vail Texaco) 1 6. Ordinance No. 42, Series of 1991, first reading, an ordinance authorizing the issuance of bonds in the approximate amount of $2,525,000 related to the Intergovernmental purchase of the Berry Creek 5th Filing. 7. Ordinance No. 44, Series of 1991, first reading, an ordinance amending Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. 8. Resolution No. 21, Series of 1991, a resolution setting a fee in lieu of the dedication of land for school sites as provided for in Ordinance No. 1, Series of 1991. 9. Review of selected artist for the Art in Public Places (AIPP) Vail Transportation Center (VTC) project. 10. Appointment of two Local Licensing Authority members. 11. Adjournment C:WGENDA.TC 2 ~ ~l ~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 5, 1991 7:30 P.M. EXPANDED AGENDA -REVISED 7:30 p.m. 1. Ten Year Employee Recognition. Ron Phillips Tom Talbot 7:45 p.m. 2. Donation by Vail/Eagle Valley Rotary Club for 1991 Tree Planting Todd Oppenheimer Project at Timber Ridge/Post Office. 7:50 p.m. 3. CITIZEN PARTICIPATION. 7:55 p.m. 4. Consent Agenda. A. Approval of Minutes of October 1 and October 15, 1991 evening meetings. B. Ordinance No. 34, Series of 1991, second reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract for the construction of a public improvement with a value of not more than $100,000 may be negotiated by the Town Manager without submitting it for bid; and setting forth the details in regard thereto. C. Ordinance No. 36, Series of 1991, second reading, an ordinance providing for the establishment of Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. (Applicant: Timber Falls Association) D. Ordinance No. 37, Series of 1991, second reading, an ordinance amending Section 18.32.030 of the Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use in the agricultural and open space zone district. (Applicant: Vail Valley Consolidated Water District) E. Ordinance No. 38, Series of 1991, second reading, an ordinance authorizing the sale of certain property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. F. Ordinance No. 39, Series of 1991, second reading, annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year ending January 1, 1992, through December 31, 1992, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991 tax year and payable in the 1992 fiscal year. 1 8:00 p.m. 5. Discussion of issues regarding changes to Area A requirements Shelly Mello for Special Development District No. 4 that concern the development plan for "The Cascades", a/k/a Millrace IV, a/k/a Cosgriff Parcel. (Applicants: East West Partners and Commercial Federal Bank) Action Reauested of Council: Approve/deny applicant's request to amend Special Development District No.4. Backaround Rationale: The applicant is requesting to amend Special Development District No. 4 to change the approved plan for Millrace IV Scenario 1. The request decreases the number of approved units to 6 dwelling units and the proposed GRFA to 10,460 sq. ft. There are other changes to the existing plan regarding site planning and landscaping which are detailed in the Planning and Environmental Commission memo dated October 28, 1991. On October 28, 1991, the Planning and Environmental Commission voted to recommend approval of the project by a vote of 6-0 with additional conditions. Staff Recommendation: Staff recommends approval of the request with the conditions as listed in the Planning and Environmental Commission memo dated October 28, 1991. 8:30 p.m. 6. Ordinance No. 43, Series of 1991, first reading, an ordinance Jill Kammerer amending Chapter 18.04 of the Municipal Code of the Town of Vail by the addition of Section 18.04.276, setting forth a definition for plant products; by the addition of Section 18.04.289, setting forth a definition for "Seasonal Plant Product Business"; amending Section 18.30.030 of the Municipal Code of the Town of Vail by the addition of paragraph T, Seasonal Plant Product Business, and setting forth details in regard thereto. (Applicant: Richard Dilling/Vllest Vail Texaco) Action Reauested of Council: Review and approve/deny the recommended zoning changes. Backaround Rationale: On October 28, 1991, the Planning and Environmental Commission voted 6-0 to recommend approval of the proposed zoning code changes in order to allow the sale of seasonal plant material as a conditional use in the Heavy Service Zone District. Staff Recommendation: Approve Ordinance No. 43, Series of 1991, on first reading. 8:45 p.m. 7. Ordinance No. 42, Series of 1991, an ordinance authorizing the Steve Barwick issuance of bonds in the approximate amount of $2,525,000 related to the Intergovernmental purchase of the Berry Creek 5th Filing. Action Reauested of Council: Review the bond ordinance as drafted by Bond Council and ask questions as desired. Staff Recommendation: Approve Ordinance No. 42, Series of 1991, on first reading. 9:00 p.m. 8. Ordinance No. 44, Series of 1991, an ordinance amending Steve Barwick Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. 2 Backaround Rationale: In order to use the first two percent of the Town's sales tax revenues os the security for the bonds authorized by Ordinance No. 42, Series of 1991, a slight modification of the Town's last bond ordinance must be made. Staff Recommendation: Approve Ordinance No. 44, Series of 1991, on first reading. 9:15 p.m. 9. Resolution No. 21, Series of 1991, a resolution setting a fee in Larry Eskwith lieu of the dedication of land for school sites as provided for in Ordinance No. 1, Series of 1991. Action Reauested of Council: Set fee as required in school site dedication ordinance. Backaround Rationale: Ordinance No. 1, Series of 1991, provides for the dedication of land for school sites or a fee in lieu thereof. The ordinance requires the Council to set an annual fee for cash in lieu payments. Staff Recommendation: County fee is now $5,000 per acre. 9:30 p.m. 10. Review of selected artist for the Art in Public Places (AIPP) Vail Shelly Mello Transportation Center (VTC) project. Action Reauested of Council: Uphold/deny jury and AIPP's recommendation to commission Dan Daily of Kensington, N.H. to complete an artwork for the main stair corridor of the VTC. Backaround Rationale: On October 25, 1991, the professional jury for the VTC project was convened to review the site specific proposals from the three (3) semi-finalists selected in August, 1991. The jury included Rod Slifer, Kathy Langenwalter, Sherry Dorward, Debra Jordy of the Denver Art Museum, and Steve Devries in Denver. These semi-finalists included William Maxwell of Boulder, Dan Dailey, and the team of Kathy Harhai and Carolyn Braaksma from Denver. The group voted unanimously to commission Dan Daily to develop the final design for the project. The AIPP has since reviewed the selection and also recommends approval of the selection. Staff Recommendation: Uphold the jury's and AIPP's decisions to approve the project. 9:30 p.m. 11. Appointment of two (2) Local Licensing Authority members. Action Reauested of Council: Appoint two (2) Local Licensing Authority members from the four (4) individuals interviewed at today's work session. 9:40 p.m. 12. Adjournment C:IAGENDA.TCE 3 ~1 ~ ~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 5, 1991 7:30 P.M. EXPANDED AGENDA 7:30 p.m. 1. Donation by Vail/Eagle Valley Rotary Club for 1991 Tree Planting Todd Oppenheimer Project at Timber Ridge/Post Office. 7:35 p.m. 2. CITIZEN PARTICIPATION. 7:40 p.m. 3. Consent Agenda. A. Approval of Minutes of October 1 and October 15, 1991 evening meetings. B. Ordinance No. 34, Series of 1991, second reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract for the construction of a public improvement with a value of not more than $100,000 may be negotiated by the Town Manager without submitting it for bid; and setting forth the details in regard thereto. C. Ordinance No. 36, Series of 1991, second reading, an ordinance providing for the establishment of Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. (Applicant: Timber Falls Association) D. Ordinance No. 37, Series of 1991, second reading, an ordinance amending Section 18.32.030 of the Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use in the agricultural and open space zone district. (Applicant: Vail Valley Consolidated Water District) E. Ordinance No. 38, Series of 1991, second reading, an ordinance authorizing the sale of certain property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. F. Ordinance No. 39, Series of 1991, second reading, annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year ending January 1, 1992, through December 31, 1992, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991 tax year and payable in the 1992 fiscal year. 1 7:45 p.m. 4. Ordinance No. 41, Series of 1991, first reading, an ordinance Shelly Mello repealing and reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A requirements for Special Development District No. 4 that concern the development plan for "The Cascades", a/k/a Millrace IV, a/k/a Cosgriff Parcel; and setting forth details in regard thereto. (Applicants: East West Partners and Commercial Federal Bank) Action Reauested of Council: Approve/deny applicant's request to amend Special Development District No.4. Backaround Rationale: The applicant is requesting to amend Special Development District No. 4 to change the approved plan for Millrace IV Scenario 1. The request decreases the number of approved units to 6 dwelling units and the proposed GRFA to 10,460 sq. ft. There are other changes to the existing plan regarding site planning and landscaping which are detailed in the Planning and Environmental Commission memo dated October 28, 1991. On October 28, 1991, the Planning and Environmental Commission voted to recommend approval of the project by a vote of 6-0 with additional conditions. Staff Recommendation: Staff recommends approval of the request with the conditions as listed in the Planning and Environmental Commission memo dated October 28, 1991. 8:15 p.m. 5. Ordinance No. 43, Series of 1991, first reading, an ordinance Jill Kammerer amending Chapter 18.04 -Definitions and setting forth a definition for seasonal plant material and Section 18.30.030 - Conditional Uses to add sale of seasonal plant material as a Conditional Use in the Heavy Service Zone District. (Applicant: Richard Dilling/Vllest Vail Texaco) Action Reauested of Council: Review and approve/deny the recommended zoning changes. Backaround Rationale: On October 28, 1991, the Planning and Environmental Commission voted 6-0 to recommend approval of the proposed zoning code changes in order to allow the sale of seasonal plant material as a conditional use in the Heavy Service Zone District. Staff Recommendation: Approve Ordinance No. 43, Series of 1991, on first reading. 8:30 p.m. 6. Ordinance No. 42, Series of 1991, an ordinance authorizing the Steve Barwick issuance of bonds in the approximate amount of $2,525,000 related to the Intergovernmental purchase of the Berry Creek 5th Filing. Action Reauested of Council: Review the bond ordinance as drafted by Bond Council and ask questions as desired. Staff Recommendation: Approve Ordinance No. 42, Series of 1991, on first reading. 2 8:45 p.m. 7. Ordinance No. 44, Series of 1991, an ordinance amending Steve Barwick Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. Backaround Rationale: In order to use the first two percent of the Town's sales tax revenues os the security for the bonds authorized by Ordinance No. 42, Series of 1991, a slight modification of the Town's last bond ordinance must be made. Staff Recommendation: Approve Ordinance No. 44, Series of 1991, on first reading. 9:00 p.m. 8. Resolution No. 21, Series of 1991, a resolution setting a fee in Larry Eskwith lieu of the dedication of land for school sites as provided for in Ordinance No. 1, Series of 1991. Action Reauested of Council: Set fee as required in school site dedication ordinance. Backaround Rationale: Ordinance No. 1, Series of 1991, provides for the dedication of land for school sites or a fee in lieu thereof. The ordinance requires the Council to set an annual fee for cash in lieu payments. Staff Recommendation: County fee is now $5,000 per acre. 9:15 p.m. 9. Review of selected artist for the Art in Public Places (AIPP) Vail Shelly Mello Transportation Center (VTC) project. Action Reauested of Council: Uphold/deny jury and AIPP's recommendation to commission Dan Daily of Kensington, N.H. to complete an artwork for the main stair corridor of the VTC. Backaround Rationale: On October 25, 1991, the professional jury for the VTC project was convened to review the site specific proposals from the three (3) semi-finalists selected in August, 1991. The jury included Rod Slifer, Kathy Langenwalter, Sherry Dorward, Debra Jordy of the Denver Art Museum, and Steve Devries in Denver. These semi-finalists included William Maxwell of Boulder, Dan Dailey, and the team of Kathy Harhai and Carolyn Braaksma from Denver. The group voted unanimously to commission Dan Daily to develop the final design for the project. The AIPP has since reviewed the selection and also recommends approval of the selection. Staff Recommendation: Uphold the jury's and AIPP's decisions to approve the project. 9:20 p.m. 10. Appointment of two (2) Local Licensing Authority members. Action Reauested of Council: Appoint two (2) Local Licensing Authority members from the four (4) individuals interviewed at today's work session. 9:25 p.m. 11. Adjournment C:IAGENDA.TCE 3 MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 1, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on October 1, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Merv Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: Kent Rose, Mayor Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Pamela A. Brandmeyer, Town Clerk Larry Eskwith, Town Attorney The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was a Consent Agenda consisting of two items: , A. Approval of Minutes of September 3 and 17, 1991 meetings. 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, Vial 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. Merv Lapin moved to approve both items on the Consent Agenda, with a second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 4-0, Lynn Fritzlen not yet present at this meeting. Item No. 3 on the agenda was 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. Tom Steinberg read the title in full. After discussion, Peggy Osterfoss moved that Ordinance No. 29 be approved on first reading, with a second coming from Lynn Fritzlen. Further discussion before a final vote was taken was focused on the suggestion that Council's compensation be made optional by an addition to Ordinance No. 29 noting no Council member would be obligated to take their pay. A vote was taken and the motion was defeated, 3-2, Rob Levine and Merv Lapin opposed. The Council members present expressed their desire to discuss this issue further at - a work session with all council members present. Item No. 4 on the agenda was 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, and setting forth details in regard thereto. Tom Steinberg read the title in full. After a brief explanation by Shelly Mello of the three corrections set forth in this ordinance, Merv Lapin moved that Ordinance No. 32 be approved on first reading, with a second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 5-0. Item No. 5 on the agenda was Ordinance No. 33, Series of 1991, first reading, an ordinance repealing and re-enacting Special Development District No. 2 in its entirety. Tom Steinberg read the title in full. Andy Knudtsen explained the conditions of approval as detailed in the 1 Community Development Department's memo to Town Council dated October 1, 1991. He said all Special Development District criteria were addressed and met, as described in the Community Development Department's memo dated September 23, 1991 to the PEC. There was brief discussion with regard to responsibility for watering of trees to be transplanted as part of this ordinance. Lynn Fritzlen then moved that Ordinance No. 33 be approved on first reading with the requirement that all four conditions of approval set forth in the Community Development Department's memo dated October 1, 1991 be met, and directed staff to assist the applicant with a plan for watering of the transplanted trees. Merv Lapin seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Item No. 6 on the agenda was Ordinance No. 35, Series of 1991, an ordinance amending Section 18.04.360, Site Coverage of the Municipal Code of the Town o:E Vail and setting forth the details in regard thereto. Tom Steinberg read the title in full. Kristan Pritz noted the addition to the ordinance was meant simply to clarify previous confusion about what constitutes ,s covered or roofed walkway in the definition of site coverage. Ro:b Levine moved to approve Ordinance No. 35 on first reading, with a second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 5-0. Item No. 7 on the agenda was 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. Tom Steinberg read the title in full. Steve Thompson explained that JEFFTRUST is a more aggressive money management firm than Colorado Trust. JEFFTRUST was started by Jefferson County in 1988, but Jefferson County is no longer involved. Marv Goldsman from JEFFTRUST addressed Council questions about the firm. Council felt there were too many unanswered questions, and asked Steve to further investigate JEFFTRUST. Rob Levine then moved to table Resolution No. 20 until more information was availablE:, with a second coming from Peggy Osterfoss. A vote was taken and the motion was passed unanimously, 5-0. Moving to items previously scheduled for discussion at a Special Meeting on the 1992 Budget planned for 7:00 p.m. on Thursday, October 3, 1991, presentations were given for the following items: Community Relations, Insurance, the Real Estate Transfer Tax Fund, the Debt Service Fund, the Lease/Purchase Schedule, and the Conservation Trust Fund. The other items scheduled for discussion at the October 3, 1991 Special Meeting, Special Events, the Lionshead Mall Assessment District Fund, and the Marketing Fund were all continued to the October 8, 1991 work session, and the Octok>er 3, 1991 Special Meeting was canceled. There being rio further business, Rob Levine moved to adjourn the meeting at 10:25 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Br,sndmeyer, Town Clerk Minutes taken by Dorianne S. Deto \MINS . i O1 2 MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 15, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 15, 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 Lynn Fritzlen TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk ,The first item on the agenda was the TOV Ten Year Employee Recognition presentation. Tom Sheely, TOV Police Department Staff Sergeant, was introduced by Ken Hughey. Ron Phillips introduced Bill Lowe, TOV vehicle maintenance worker, and presented him with his ten year award. Both employees were thanked for their years of dedicated service to the Town of Vail. Second on the agenda was Citizen Participation. Joe Staufer thanked the current Council and, noting upcoming election time, wished them each the best of luck in future endeavors. Item No. 3 on the agenda was a Consent Agenda consisting of three items: A. Ordinance No. 32, Series of 1991, second reading, an ordinance amending Ordinance No. 10, Series of 1991, to provide typographical and wording corrections for SDD #22; and setting forth details in regard thereto. B. Ordinance No. 33, Series of 1991, second reading, an ordinance repealing and reenacting SDD #2 in its entirety. C. Ordinance No. 35, Series of 1991, second reading, an ordinance amending Section 18.04.360, Site Coverage of the Municipal Code of the Town of Vail and setting forth details in regard thereto. Mayor Rose read all titles in full. Tom Steinberg 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. 4 on the agenda was Ordinance No. 34, Series of 1991, first reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract for the construction of a public improvement with a value of not more than $100, 000 may be negotiated by the Town Manager without submitting it for bid; and setting forth details in regard thereto. Mayor Rose read the title in full, Larry Eskwith explained this ordinance only pertains to situations where Town staff wished to enter into a negotiated contract without having to go out to bid first. Jim Gibson moved to approve Ordinance No. 34 on first reading, with a second coming from Tom Steinberg. Before a final vote was taken, Rob Levine asked how the $100,000 figure was established. Larry advised he had discussed this with Greg Hall and Gary Murrain and, based on their experience, they felt $100,000 was an appropriate level. They felt contracts under $100,000 were low enough not to warrant the added protection of a resolution, and further offered substantial savings. Ron Phillips added not all projects under $100,000 would be negotiated; this ordinance simply gives the Town Manager the option to negotiate contracts under $100,000. He noted there were only two or three such contracts this year. Council was not comfortable with the $100,000 figure. Lynn Fritzlen said she felt there would be too much 1 r liability involved. Merv Lapin then asked for the definition of "contract." Larry stated there was no definition of "contract" in the Code. Merv expressed concern about locals claiming they did not have an opportunity to bid on projects, and inquired about projects which might require several contracts due to multiple aspects of such projects, i.e. bricklaying, cement work, plumbing, etc. A vote was then taken and the motion passed 4-3 with direction to add the definition of~"contract" to the ordinance; Rob Levine, Lynn Fritzlen, and Merv Lapin opposed. Item No. 5 was Ordinance No. 36, Series of 1991, first reading, an ordinance providing for the establishment of Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto (Applicant: Timber Falls Association). Mayor Rose read the title in full. Mike Mollica reviewed the Community Development Department memo to the Planning and Environmental Commission dated September 23, 1991, detailing the description of the request for a major subdivision preliminary plan and a Special Development District for an unplatted 7.5 acre parcel generally located west of Nugget Lane and south of Gore Creek. After discussion, Mike was advised to add language to the ordinance to clarify that the caretaker unit GRFA comes out of the already established maximum allowable GRFA, and that the caretaker unit is different than employee housing. Further, all restrictions would have to be in agreement form which Larry Eskwith would need to draft. Peter Jamar, representing Timber Falls, pointed out the significant down zoning of this project. Mr. Jamar agreed to caretaker units voluntarily. Merv asked if there was any objection to an easement to the stream. The applicant was. willing to work with that. Tom Steinberg inquired about public access to the forest through an access easement and suggested a 10' buffer on the back side of Lots 8 - 11 be dedicated to the Town. Lynn Fritzlen. moved to approve Ordinance No. 36 with the clarifications discussed, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. After the vote, Peggy Osterfoss commented that one down side to down zoning was the lack of maximum affordable units left available. Item No. 6 was Ordinance No. 37, Series of 1991, first reading, an ordinance amending Section 18.32.030 of the Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use in the agricultural and open space zone district (Applicant: Vail Valley Consolidated Water District.) Mayor Rose read the title in full and then stepped down due to personal involvement. Mike Mollica reviewed the Community Development Department memo to the PEC dated October 14, 1991. There was brief discussion about a back-up well arrangement and need for assurance that the well would not be used in tandem with other wells. Lynn Fritzlen moved to approve Ordinance No. 37 as presented, with a second coming from Merv Lapin. A vote was taken and the motion passed 6-0-0, Kent F:ose abstaining. Item No. 7 vas Ordinance No. 38, Series of 1991, first reading, an ordinance authorizing the sale of certain property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. Mayor Rose read the title in full. It was clarified that the ordinance includes parcels A and B. Jim Gibson moved to approve Ordinance No. 38, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 7-0. Item No. 8 was Ordinance No. 39, Series of 1991, first reading, an annual appropriation ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year ending January 1, 1992 through December 31, 1992, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991 tax year and payable in the 1992 fiscal year. Mayor Rose read the title in full. Discussion followed involving requests for clarification of the special events budget, the Council contingency fund, and concern with the increase in employee medical costs which the Town has to pick up. Rob Levine said he disagreed with staff cuts made, i.e. the Assistant Town Manager position, and the shelving of the proposed Police Department expansion. Tom Steinberg was also concerned about the Police Department, stating he felt our liability in this area was high. He felt an outside analyst would advise us to move on this as soon as possible. Merv Lapin then moved to approve Ordinance 39 with an additional allocation of $2,500 to the Library for the Adventure Series and salaries, with a second coming 2 from Jim Gibson. A vote was taken and the motion passed 6-l, Rob Levine opposed. Item No. 9 was the appointment of election judges for the November 19, 1991, Regular Municipal Election. Rob Levine moved to appoint Kay Cheney, Karen Morter, Vi Brown, Joan Carnie, and Lee Bennett as judges for the election, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 7-0. Prior to adjournment, discussion was initiated by Merv Lapin regarding the Council compensation issue. He stated he felt uncomfortable voting on his own proposed increased compensation. He suggested conditions for voting on this issue include that anyone presently sitting on Council would not be eligible for an increase, and that council members have the option to not have to collect compensation, giving to charity or not collecting at all. Kent said the process was already in the Charter. Ron Phillips said an ordinance could be done which would be more restrictive. Jim Gibson did not feel the proposed increase was significant enough to entice people to run and did not think it could be raised significantly enough without tearing up the budget. He was opposed to the increase altogether. The meeting was adjourned at 9:40 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:\MINS10.15 3 ORDINANCE NO. 34, Series of 1991 AN ORDINANCE AMENDING SECTION 3.16.050 OF THE MUNICIPAL CODE TO PROVIDE THAT ANY CONTRACT FOR THE CONSTRUCTION OF A PUBLIC IMPROVEMENT WITH A VALUE OF NOT MORE THAN $100,000 MAY BE NEGOTIATED BY THE TOWN MANAGER WITHOUT SUBMITTING IT FOR BID; AND SETTING FORTH THE DETAILS IN REGARD THERETO WHEREAS, the cost of submitting Public Works contracts with a value of less than 100,000 unnecessarily increases the cost of the contract; and, WHEREAS, the Town Code presently provides that before the Town Manager may enter into negotiations for a contract to construct a particular local improvement or to form work thereon, it must be authorized by the Town Council by resolution; and, WHEREAS, in many situations time is of the essence and the Town Council believes that permitting the Town Manager to negotiate such contracts of less than $100,000 without having to have such negotiation authorized by a resolution would expedite the issuance of small Public Works contracts by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 3.16.050 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 3.16.050 NEGOTIATED CONTRACT The Town Manager shall have the right to enter into negotiations for a contract to construct a particular local improvement or to perform work thereon without submitting it for bid and without obtaining the previous approval of the Town Council if the value of the contract is not greater than $100,000. The Town Manager shall have the right to enter into negotiations for a contract to construct a particular local improvement or to perform work thereon without submitting it for bid with the prior approval of the Town Council if the value of the contract is greater than $100,000. 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. 1 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the 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 15th day of October , 1991, and a public hearing shall be held on this Ordinance on the 5th day of November , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 15th day of October , 1991 J Kent R. Rose, Mayor ATTEST: C_~t,t,(,~, ~.u..J Pamela A. Brandmeyer, own 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.34 2 . ORDINANCE NO. 36 Series of 1991 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 27, FOREST GLEN (A.K.A. TIMBER FALLS); ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 27 IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, application has been made for Special Development District approval for a certain parcel of property within the Town, generally described. as an unplatted parcel located East of Nugget Lane and south of Gore Creek and legally described in the attached Exhibit A; WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed SDD, and has submitted a recommendation for approval to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that all the procedures for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 2 A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and promote the objectives of the Zoning Ordinance of the Town. Section 3 The Town Council finds that the development plan for Special Development District No. 27 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them is not applicable, or that a practical 1 R. solution consistE:nt with the public interest has been achieved. In accordance with Section ~ 18.40.040, the development plan for Special Development District No. 27 is approved. The development plan is comprised of those plans submitted by Inter-Mountain Engineering, Ltd., and consists of the following documents: 1. Topographical Survey; dated 4/6/82, sheet 1 of 1, revised 10/4/84 and 1/29/85. 2. Slope Analysis; dated 9/4/91, sheet 1 of 1. 3. Tree Locations; dated 6/10/91, sheet 1 of 1, revised 6/23/91. The development plan is also comprised of those plans submitted by Dennis Anderson Associates, Inc., and consists of the following: 1. Illustrative Site Plan; dated 9/9/91. 2. Preliminary Site Plan; dated 6/10/91, sheet 1 of 1, revised 6/23/91. The development plan also requires the approval of the Final Plat for the major subdivision, as approved by the Town's Planning and Environmental Commission. Section 4 Development standards for Special Development District No. 27 are approved by the Town Council as a part of the approved development plan as follows: A. SETBACKS: Setbacks shall be 20 feet front, 20 feet rear, 15 feet sides and as further restricted on the development plans set forth in Section 3 of this Ordinance. B. HEIGHT: Building height, for a sloping roof, shall not exceed 33 feet from existing or finished grade, whichever is more restrictive. C. DF_NSITY: Development in SDD No. 27 shall be limited to 1 single family dwelling for Lots 10 and 11; and to 1 single family dwelling, with an optional caretaker unit, for Lots 1-9 and 12-14. Gross Residential Floor Area (GRFA) shall be as described in Section 18.04 of the Town of Vail Municipal Code. It should also be noted that the provision for an additional 425 sq. tt. of GRFA, which is applicable to certain zone districts, does not apply to this Special Development District. The GRFA for SDD No. 27 shall be allocated as follows: 2 r Lot Maximum Allowable GRFA 1 4,500* 2 4,500* 3 4,300* 4 4,500* 5 5,000* 6 4,000 7 4,800 8 5,000 9 4,800 10 4,500 11 4,000 12 4,300** 13 4,300** 14 4,200** * On Lots 1-5, the maximum allowable GRFA listed includes a minimum of 1,000 sq. ft., which shall be utilized as basement space, located substantially below existing grade. The maximum allowable GRFA on these lots for the above ground space is the total GRFA listed above minus 1,000 sq. ft. It is not a requirement that any dwelling unit have 1,000 sq. ft. of basement space, but if a lot owner wishes to utilize all the allowable GRFA for a given lot, then a minimum of 1,000 sq. ft. shall be required to be utilized as basement space. On Lots 12-14, 500 sq. ft. of the maximum allowable GRFA shall be utilized only as basement space, as described above. 1. All caretaker units shall be restricted to a maximum GRFA of 900 square feet. Any and all GRFA utilized for the construction of a caretaker unit shall be deducted from the maximum allowable GRFA for the specific lot the caretaker un(t is located upon. 2. No caretaker unit shall be sold, transferred, conveyed or subdivided separately from the main, or primary unit. 3 r. 3. No caretaker unit shall be leased or rented for any period less than 30 f consecutive days. 4. The above listed restrictions (numbers 1-3) for caretaker units shall be agreed to In writing, by the lot owner(s), prior to the Town's Issuance of a building permit for the unit. Said agreement shall be filed on record In the office of the Eagle County Clerk and Recorder on a form approved by the Town Attorney, for the benefit of the Town of Vall, to Insure that the restrictions shall run with the land. D. SITE COVERAGE: The maximum allowable site coverage for each individual lot shall not exceed the m<~ximum GRFA for each lot. E. L~?NDSCAPING: At least forty percent (40%) of each lot shall be landscaped. The minimum width of any area qualifying as landscaping shall be fifteen feet, with a minimum area not less than three hundred square feet. F. PARKING: Parking for SDD No. 27 shall be met in accordance with the off-street parking requirements as specified in Section 18.52 of the Municipal Code of the Town of Vail. Section 5 AmendmE:nts to the approved development plan may be granted pursuant to Section 18.40 of the Municipal code of the Town of Vail. Section 6 A. Approval of Special Development District No. 27 shall be contingent upon the approval of the Final Plat, for a major subdivision, for the property legally described in the attached Exhibit A. B. Ordinance No. 1, Series of 1991, setting forth details in regard to school site dedications, or cash In lieu thereof, shall be applicable to the Final Plat for a major subdivision for SDD No. 27. 4 ~ C. The Final Plat for a major subdivision for SDD No. 27 shall Include a 15-foot pedestrian/flshermen's easement along Gore Creek, which shall be dedicated for use by the general public. Said easement shall be 15 feet in width, the northerly boundary of the easement being the southerly high-water mark of Gore Creek, and said easement shall run the full (east-west) length of the property, legally described in the attached Exhibit A. The use of said easement shall be for pedestrians only and said easement shall be kept in its natural state with no permanent improvements to the area of the easement. Section 7 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 8 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 9 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided ;n !his 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 10 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. 5 f 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 6 ` EXHIBIT A IEGAL DESCRIPTION- Parcel 1 LEGAL DESCRIPTION - Parcel 2 A tract of land lying 1n the S/2 of Section 12. TSS., R.80Y., of the 6th P.H.. Eagle County, Colorado, A parcel of land situatedln the south one-half•of Section 12, more particularly described as follows: Township 5 South, Range 80 Yest. of the Sixth Principal Neridlan; Town of Vail, Eagle County, Colorado; said parcel being more partic- Beginning at the Easterly corner of lot 5, ularly described as follows: Bighorn Subdivision Fourth Addition; Beginning at the Southeasterly corner of Lot 5, Bighorn Subdivision thence 5 67°00' 00' E, 248.00 feet distance: Fourth Addition; Thence along the south line of said subdivision the following two courses; -thence S82°00' 00' E. 12.96 feet distance 1. S67°00'00"E a distance of 248.00'; . to the Northeasterly corner of the tract Z. 582°00'00"E a distance of 90.00'; herein described: Thence leaving said south line. S 31°35'25"W a distance of 456.19'; Thence S 39°42'33"W a distance of 137.91'; Thence 562°22'36 "W a distance thence 536°43' 00"}1, 706.11 feet distance of 177.17': Thence N33.44'S8'W a distance of 502.26' to a point on the to the Southeasterly corner of the tract east line of Lot 1, Bighorn Estates; Thence (133°36'00"E along said herein described; east line a distance,of 358.13' to a point on the southeasterly Right-of-way line of Nugget lane; Thence along said Right-of-way, 84.99' thence N 33'°44'58" Y, 476.35 feet distance along the arc of a 65.00' radius curve to the left whose long chord to the Southwesterly corner of the tract bears N56°10'32"E. a distance of 79.06' to a point of tangentcy; Thence herein described; continuing along said Right-of-way, N18°43'00"E a distance of 48.31' to a point on the south line of said Bighorn Subdivision, Fourth Addition thence 11 33°36' 00" E, 475.27 feet distance Thence along said south line, 564°30'00"E a distance of 50.80': to the Northwesterly corner of the tract Thence continuing along said south line, 551°00'00"E a distance of herein described; 155.00' to the Point of Beginning, containing 326,716 square feet or 1.500 acres, more or less. thence 564°30'00" E. 68.92 feet distance to a point; The bearings and distances used in this description were derived from _ the final plat of Bighorn Subdivision, Fourth Addition. This description thence S 51°00' 00"E. 155.00 feet distance does not represent afield survey. to the place of beginning; TOGETHER WITH an easement across a strip of land fifty feet in width along and parallel to the east boundary line of Lot 4,' Bighorn Subdivision Fourth Addition. SUBJECT TO a right of way for public road granted over- LEGAL DESCRIPTION- Parcel 3 the easterly 50 feet of Lot 4, Bighorn Subdivision Fourth Addition and a right of way for public road over A parcel of land situated in the south one-half of Section 12, the following described portion of the above described land; Township 5 South, Range 80 West, of the Sixth Principal Meridian; Town of Yail, Eagle County, Colorado; said parcel being more A tract of land lying in the S/2 of Section 12. Township particularly described as follows; S South, Range 80 Yest of the 6th P.M., Eagle County, Colorado. sore particularly described as folloxs; Beginning at the Northeasterly corner of Lot 1, Bighorn Estates; Thence 31.95' along the arc of a 65.00' radius curve to Beginning at the SovthresUrly corner of the left whose long chord bears N79°33'09"E a distance of 31.63'; Lot 5. BIGHORN SUBDIYISION FOURTH ADDITION, Thence 556°24'00"E a distance of 183.81': Thence 533°36'00"H a distance thence N 64'30'00' Y 18.12 feet along the of 466.31'; Thence N33°44'S8'H a distance of 223.80' to a point on Southerly line of lot 4 of said Subdivision; the east line of said lot 1. Bighorn Estates; Thence N33°36'00"E thence S 3]'36'00' Y 117.14 feet Lo a point an along said east line a distance of 358.13' to the Point of Beginning, the arc of a 6~.,fAO.L,cadi~eur~..~ct~Q1RTd!! containing 2.000 acres, more or less. and 11o~thlasterTy' along the~-arc of said 65 foot The bearings and distances used Yn this description were radius curve 84.99 feet.to a polnt~gf tangent; derived from the final plat of Bighorn Subdivision, Fourth Addition. thence N 18'43'00' E 48.31 feet more or less to This description does not represent a field survey. the point of beginning, containing 0.0674 acres anre or less. for road purposes. This description recorded as reception /120868 of the Eagle County records. ~ _,N~ ' MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 1991 SUBJECT: A request for a major subdivision preliminary plan and a Special Development District for an unplatted 7.5 acre parcel generally located east of Nugget Lane and south of Gore Creek. Applicant: Timberfalls Association Planner: • Mike Monica {~~~>:~:~>r<}:;::?f::<„:;.>:.::{.:<r:?::?~;:?::~}::s::;5:::5:::~~:::,fir?::{{:;:~:.fu,{.::,-<,•N:{;{:;:<~; ?~?,?:?;:;:•::...::i??ii:•?::::.~:::.~:::::::??:•:.::~::{•:•.;.??rrt•`:a+ :•i:•i? ru°M2. ,"i'~'.'i//Y~`r:wfn~.....~ r...:............v...:.. . is iv:??.}:v ~':::v:: Fii:v::....:.~ .:::::::::::::::::.i?:h:•?:::.vii?:•i?i:{{•?iX ,:{{{v%:?: r.......:.... . :^.,}{}iiiii}`ii:t~ii::ij:'{•i:}:::is55ii55iiiiiiiiiiit?:•?>:?iviiiliii:.iii:•?:4:{{:: ~:.y.,Y:• ....f.. y.}v :......Y/:: r{v:{y:::: r:xi?iv. . .xw!r:r+.wi..e:.evviAV.M1VVV{vxa{ii{{{{•:...,,.....,:r{u{W:.:;. ::::.ii:v:::: :::.r. n: y. n., n.. x..; ,rr.:f..•:x:. ~ryr: x+x::;.u•:x::x: r/.{ J ......•...{•4{{`fif~Yif.: fl~r'n:f.{•,ix^Gi:+'i.5::vF:v.:•:........: ii:'.': I. DESCRIPTION OF THE REQUEST Timbetfalls is a 7.5 acre unplatted parcel, generally located east of Nugget Lane and south of Gore Creek Drive in the East Vail azea. The property is bounded by the Timberfalls Condominiums to the east, Gore Creek and duplex-zoned lots to the north (Streamside Circle), duplex-zoned lots to the west (Nugget Lane), and a large, unplatted parcel of land zoned Agricultural and Open Space to the south. The applicant, Ron Riley, representing Timberfalls Associates, is requesting approval of the following: 1. The establishment of a Special Development District, and 2. Preliminary plan approval for a major subdivision. The property is currently zoned Low Density Multiple Family (LDMF), and based upon the buildable area of this site, the property is zoned for a total of 55 dwelling units. The proposed development plan is comprised of 14 residential lots. Each lot, with the exception of Lots 10 and 11, would permit one single family dwelling unit, plus one "cazetaker unit," for a total of 26 dwelling units. Lots 10 and 11 would be designated as single family lots. The total GRFA requested is 62,700 square feet. The lot sizes range from approximately 14,300 sq. ft., up to approximately 41,200 sq. ft. An existing creek is proposed to be realigned to cross the subdivision. Two ponds will also be created at the entrance to the subdivision. 1 Access to the site is proposed via Nugget Lane, immediately south of the Gore Creek Bridge. Access to the lots would be provided by a private, 22•foot wide mad, approximately 500 feet y in length, cnding in a cul-de-sac. Lot numbers 10-13 would have a separate access just south, off of the main roadway. Please see the attached site plan for further information regarding the layout of the lots and the access roadways. All utilities would be located underground. The applicant's proposed SDD would exceed the underlying LDMF zone district in the following areas: 1. Minimum Frontage -Lots 5, 10 and 11 do not meet the required 30-foot minimum frontage. 2. Setbacks - 1t is Y~.,l.osed that all lots have a 15-foot side yard setback, versus thc; LDMF required 20-foot side yard setback. 3. GItFA -Although the proposed GRFA for the project as a whole is substantially less than what the underlying zoning would allow, Lots Nos. 1-4 arc; proposed to be allocated more GRFA than what the underlying LDMF zone district would allow, given their individual "buildable area" sizes. 4. Minimum Lot Area -Lot 3 does not meet the LDMF required minimum lot arc;a of 10,000 sq. ft. of "buildable area." Lot 3, as proposed, would have 8,:176 sq. ft. of "buildable area." All the other lots would meet the 10,000 sq. ft. minimum lot area. The Timberfalls parcel is located in the LDMF zone district. As such, the permitted uses in the zone district are as follows: 1. Single-family residential dwellings 2. Two-family residential dwellings 3. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. 2 II. ZONING CONSIDERATIONS The following table outlines the Timberfalls' zoning analysis, indicating the underlying zoning, which is LDMF and the proposed Special Development District. The project's departures from the LDMF lone district standards are highlighted in bold type. Underlying Zoning Low Density Multiple Family Proposed SDD Site Area 32b,700 sq. ft. or 7.5 acres 326,700 sq. ft. or 7.5 acres Area Over 4096 Slope -35,363 sq. ft. •3.5,363 sq. ft. Area Located Within 100-Year F]oodplain -21,144 sa. k. -21.144 sa. ft. Buildable Area 270,209 sq. ft. 270,209 sq. ft. Minimum Lot Area 10,000 sq. ft. of Varies, from 8,17 sq. n. buildable area per lot to 29,255 sq. tt. Minimum Frontage 30 ft. Varies, see attached site plan . , . Setbacks Front 20 ft. 20 ft. Rear/Sides 20 ft. ZO ft. rear 15 n. sides Building Height 35 ft. -flat roof 33 it. -sloping roof 38 ft. -sloping roof Density 9 DUs per buildable acre, 14 DUs, 12 with or 55 DUs for the site caretaker units = 26 DUs GRFA 81,062.7 sq. ft. or 309'0 62,700 sq. h. or 239i;•• of the buildable area (plus 225 sq. ft. per DU) Site Coverage 114,345 sq. ft. or 359'0 62,700 sq. R. or 239b*•• Landscaping A minimum of 409'0 of each A minimum of 4096 of each lot shall be landscaped lot shall be landscaped Parking Per TOV parking standards Per T'OV parking standards ••Note: On Lots 1-5 the maximum allowable GRFA requires that a minimum of 1,000 square feet be utilized as basement space below existing grade. These basement spaces are allowed to be "walk-out" basements. On Lots 12-14, 500 square feet of the maximum allowable GRFA shall be utilized only as basement space, as described above. •••Note: The maximum allowable site coverage for each individual lot shall not exceed the maximum allowable GRFA for each lot 3 III. SPECIAL DEVELOPMENT DISTRICT CRITERIA The criteria to be used to evaluate this proposal are the 9 Special Development District (SDD) development standards set forth in the special development district chapter of the Zoning Code. The criteria are as follows: 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. The planning staff is supportive of the applicants' proposed 141ot preliminary plan subdivision. We believe the applicant has designed a subdivision which is very responsive to the existing natural conditions on the site, such as the Gore Creek 100- year floc~dplain and associated setbacks, the natural topography of the site, and the large area of existing, mature spruce trees. No buildings are proposed within the 100- . . year Gore Creek floodplain or within the 50-foot setback line from the center of Gore Creek. On the larger lots in the proposed subdivision (Lots 7-11), the applicant has agreed to add a "no-build line" along the southern portion of those lots. The intent of this line is to further control the locations of development on the lots, given the steep hillside to the south. This "no-build line" is an additional level of control which the staff strongly supports, and which we believe will be more effective than creating building envelopes on each of the lots. The applicant is proposing architectural controls and guidelines which are intended to suppleme;nt the existing Town regulations regarding architectural design. It is proposed. that these architectural guidelines will be incorporated into the covenants for this subdivision. At the direction of the PEC, during the September 13, 1991 worksession, there will not be any additional architectural guidelines incorporated into the SDD ordinance for this subdivision. It was agreed that the PEC and the staff both felt comfortable utilizing the existing design review guidelines which the Town currently has in place for single family and primary/secondary type development. Dwelling; units and garages shall be designed within a single structure. The applicant has agreed to abide by the requirements in Section 18.54.050(Tj of the Municipal Code, should a separation of the primary unit and/or caretaker unit and/or garage be requested. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The staff believes that the applicants' r..,yosed uses for the site, single family a~td primary/caretaker residential dwellings, are very compatible uses in this ume district and in this neighborhood. We are supportive of the applicants' 4 request to reduce the overall density on this site, from 55 dwelling units, down - to 26 dwelling units. We also support the applicants' request to reduce the overall GRFA on the site by approximately 18,000 sq. ft. The staff has carefully analyzed the applicants' request to redistribute the allowable GRFA on a lot-by-lot basis, as indicated in the chart below. We feel comfortable with the applicants' proposed GRFA distribution, given that certain lots will require a percentage of the GRFA to be utilized as basement space, and also that the proposed building heights will not exceed 33 feet. It should be noted that, in the LDMF zone district, the maximum building height is 38 feet. Proposed SDD LDMF Lot Maximum GRFA Maximum GRFA 1 4,500* 3,129 2 4,500* 3,240 3 4,300* 2,453 4 4,500* 3,533 5 5,000* 6,050 6 4,000 5,002 ' 7 4,800 7,032 8 5,000 8,777 9 4,800 7,018 10 4,500 4,546 11 4,000 4,063 12 4,300** 5,736 13 4,300** 5,683 14 4,200** 5,51 S * On Lots 1-5, the maximum GRFA listed includes a minimum of 1,000 sq. ft., which shall be utilized as basement space, below existing grade. The GRFA maximum on these lots for the above ground space is the total GRFA listed above minus 1,000 sq. ft. In other words, 1,000 sq. ft. of GRFA is allowed only as basement space, in order to reduce the above ground mass of the structures upon these lots. These basement spaces are allowed to be "walk-out" basements. On Lots 12-14, 500 sq. ft. of the maximum GRFA shall be utilized only as basement space, as described above. Since the September 9, 1991 PEC worksession, the applicant has amended the project as follows: 1. Lot Nos. 1-9 and 12-14 shall be designated as single family lots with the ability to have one caretaker unit. 2. Lot Nos. 10 and 11 shall be designated as single family lots. 5 3. All caretaker units shall be restricted to a maximum GRFA of 900 sq. ft. 4. No caretaker unit shall be sold separately from the main, or primary, unit. 5. No caretaker unit shall be rented on a short term basis. C. Compliance with parking and loading requirements as outlined in Chapter 18,.52. Parking for the subdivision will be provided in accordance with Chapter 18.52.100, which is the standard parking schedule currently utilized for all developments within the Town of Vail. There are no loading requirements associated with this development. . D. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban IDesign Plans. The Town of Vail Land Use Plan shall be utilized as a guideline in any request for a Special Development District. This property has been identified in the Land Use Plan as "Low ]Density Residential." The Low Density Residential designation reads as follows: "T'his category includes single-family detached homes and two family dwelling units. Density of development -within this category would typically not exceed 3 structures per buildable acre. Also within this area would be private rea;.reation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional/public uses permitted would ina:lude churches, fire stations, and parks and open space related facilities." This SDD proposal was also analyzed according to the Town of Vail Land Use Plan Goals and Policies. Staff has identified the following goals and policies we believe to be relevant to this proposal: Goal 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. Goal 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 6 _ Goal 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Goal 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. The staff believes that the applicants' r...rosed SDD and preliminary plan for a major subdivision comply with the above-stated goals and objectives, as well as the Land Use Plan's designation of "Low Density Residential." E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 1. The southern portion of the Timberfalls parcel is mapped as a "severe rockfall hazard" on the Town of Vail hazard maps. A site specific hazard investigation, completed by Art Mears on August 28, 1991, summarizes the rockfall hazard as follows: "In summary, rockfall does not appear to be a hazard on any portion of the parcel, and should not serve as a constraint to building on the site." 2. The northeast corner of the Timberfalls parcel is shown as being within a "moderate hazard debris flow hazard area" on the Town of Vail maps. According to Art Mears: "Moderate hazard means Lots 5 and 6, and the building envelopes, could be reached by muddy water, small rocks, and vegetative debris during a rare debris flow event. Mitigation to buildings on Lots 5 and 6 could be accomplished by flood proofing and direct protection of exposed foundation and building walls. Alternately, mitigation could be achieved by designing a small settling pond and berm in the flat area above the tennis courts. Final mitigation details for Lots 5 and 6 depend on architectural and landscaping details which are not currently available. The mitigation on these lots, however, can easily be incorporated into building design without adversely affecting adjacent public or private property." 7 3. Art Mears has also completed an analysis of the snow avalanche dynamics and the existing avalanche berm capacity adjacent to this parcel. His conclusions are as follows: "1. The flow height of the design avalanche is less than the existing berm height. 2. The maximum deposit height of the design avalanche is less than the L height. 3. Lateral ~,,.~ading of the avalanche below the berms (in the tennis courts) is accurately shown on the original drawings. 4. The existing 1.~...,, therefore, does not require modifications or enlargements to mitigate the design avalanche." The only hazard mitigation which would be necessary is for the debris flow hazard on Lots 5 and 6. Staff recommends that language be added to the face of the final plat indicating that asite-specific debris flow mitigation plan be completed for Lots 5 and 6 prior to the issuance of any building permits for the lots. 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. The staff has reviewed this proposed development with regard to the purpose section of the Special Development District chapter of the Town of Vail zoning code (Section 18.40.010), which reads as follows: "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of new development within the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a special development district, in conjunction with a property's underl~ring zone district, shall establish the requirements for guiding development and uses of r•~'r~rty included in the special development district." We believe the applicant has ya..,iuced a very well-designed preliminary subdivision plan, utilizing the flexibility of the SDD process. Again, we believe the applicant has been very responsive to protecting the Gore Creek 100-year floodplain and the existing mature vegetation on the site. For example, the applicant has reduced the density on Lots 10 and 11 to single family only dwellings. By proposing single family dwellings, the applicant is able to provide access to these lots via a IS-foot private driveway 8 easement. This access easement passes through a very heavily-wooded area. Had the applicant proposed primary/secondary type units on Lots 10 and 11, the private access easement would have to be widened to 22-feet in width. G. A circulation system designed for both vehicles and pedestrians addressing on and off•site traffic circulation. The on-site circulation system is designed to be a 22-foot paved, private madway, with a 40-foot right-of--way. The access road will terminate with a cul-de-sac, which has been designed to meet the Public Works and Fire Departments' standards. The staff has reviewed the potential off-site impacts of this subdivision, specifically with regard to the cxisting Nugget Lane bridge over Gore Creek. The Town Engineer has reviewed this issue, and has discovered that this bridge was completely rebuilt by the Town in 1981. It was rebuilt with a restricted width of 13.4 feet. It should also be noted that, at the time the bridge was being reconstructed, this pr„r:,. i~ was zoned for 55 dwelling units. Although the Town staff has some concerns with the narrow width of this bridge, the Public Works and Fire Departments and the planning staff all agree that it should not be the applicants' responsibility to upgrade the bridge so that it could accommodate 2 lanes of traffic. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant has verbally stated they will be proposing specific landscaping in the area of the subdivision entry, possibly in the form of an entry gate and associated plantings. The preliminary site plan does indicate two ponds, which would be located near the subdivision entry, along the northern boundaries of Lots 12 and 14. The staff feels comfortable in deferring the detailed grading and landscaping plans for the ponds, entry gate and landscaping until final plat. The PEC, at the September 9, 1991 worksession, also agreed this would be reasonable. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicants' plan for the completion of the subdivision is to install the site infrastructure during the spring and summer of 1992. It is proposed that all infrastructure improvements be completed during this period, and that lot sales and individual home construction could occur simultaneously. 9 N. CRi i ~R.IA FOR A MAJOR SUBDMSION The PEC review criteria for major subdivisions are found in Section 17.16.110 of the Town of Vail Subdivision Regulations and reads as follows: "The burden of r.~„f shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other r;,}, anent regulations that the PEC deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under Section 17.16.090. The PEC shall review the application and consider its appropriateness in regard to town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the town, environmental integrity and compatibility with the surrounding land uses." A. Public Agency and Utility Company Reviews . Notification has been mailed to the following agencies and, as of this date, no comments have been received by the Town of Vail: 1. U.S. Forest Service 2. Upper Eagle Valley Water and Sanitation District 3. Public Service Company of Colorado 4. Holy Cross Electric Association 5. U.S. West Communications 6. Heritage Cablevision V. STAFF 1tECOMMENDATION The staff recommendation for the applicants' proposed Special Development District and preliminary plan for a major subdivision is for approval. It is the staff's opinion that the applicants' request would further the goals of the community, as stated in the Vail Comprehensive Plan, and that the proposed SDD meets the criteria, as stated in the SDD chapter of the zoning code (Section 18.40.010). We believe the applicant has been very sensitive in the overall design of the subdivision, specifically with regard to the 100-year floodplain, the site's topography and the existing vegetation on site. Staff recommends the following conditions of approval: 1. That engineered drainage and roadway plans be provided during the final plat review. 2. That detailed grading, drainage and landscaping plans be provided, as discussed in Section lII(H), above. 10 ' 3. That an engineered utility plan be provided at final play 4. That Ianguage be added to the face of the final plat, indicating that asite-specific debris flow hazard mitigation plan be completed for Lots 5 and 6, as discussed in Section III(E), above. The applicant has discussed with the staff the possibility of malting minor changes to the development plan, such as slightly moving lot lines to accommodate the results of the detailed engineering studies which are a part of the final plat submittal. It is also possible that the applicant may propose the access road to be a public road. ('T'his would require an additional 10 feet of right-of-way.) The staff feels that these types of minor changes, which do not substantially alter the character or intent of the arr~..ved SDD and preliminary plan, are acceptable at the final plat review. . c:~Qec~nemos~timbda1.923 11 AFtESUdUIVISION OF LOT 14~81DCK 4 81GHORfV SU801VISION ,THIRD ADDITION _ , / w o W = N_$~1801VISION o THIRD ADDITION ~ v _ ']o q ~ ~ ~ o`7j° ~ ~ o , Q ~ o ° o_o° ~ o ~ ~ W ~ INTERSTATE 7Q Q~, t ' I "~~y~''"" RIOG~VIEW SaUAR~ M _ 'SUBDIVISION •}•..A• ~ BIGHORN SUBDIVISION ~lt ::~z::~:i~::: '~:ii::~ii~: ~:a~:~: ~ ~ r THIRD ADDITION • 7~' • DISTELHO~ .d:'::.:}::.' , I $iREAMSIDE 1 : f.: ':.t!:•~ cc>LUrre~ on. ~2a-s•4d~~:• :i-::;f::~_:::•l_•::::~ \ :'tp::; •.it:,~:,. ,ii S / / • t ';~../i'r3 T' i, iii ii'/,ri. /,r ••7'.•• . H - ~ _.•J'.' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / j~ ~ \ ~ S j,-:':• '.i:,••;::.'~0•:: 7i• ::~/ii ry,~+ /,//.iii ~~/i,/i1/ /il/i,/i~ ~i~/i~/i \ \ \ \ • /,r / il/ ~ it/il/~/~' BIGHORN SUB. ,,,~~Eb,,,,, ~ ~ ; FIRST ADDITION ` TIMBER FALLS /.,,//.,//,/.,/„/,,,,,,,,/,~~0~314~I'Sl/,/,/„ / CONDOMINIUMS S y ~j ///,///„/,/////„//,/,/,/,,,/,r//////„ ~ /„/,//r„,/////„/,,,,//,////„///,,,,//// ///////I/////,//I///I/I//,///,///////// ////////////,/////I//I///,/////////// ~i~~! ///////////,/////I//I/////,///////, / /////////I/I////////!/////I////// //I/////////////I/II//I//I///// t //////I//I////////I/II//I//~/ 1 //I/I//,II////I/I,//I//?// ///I/I////////I//I/////I /////I//////////I///// WHITE RIVER 9Cr1LE•r.;~ - - 5 ~ 100 Year Flood Plain l ~,f~ ' 1 SO' setback irte Iron stream CenterkM i t a0' Rivera Roed R.O.W. ~ ~ 1 t LOt SItE , v.o. 9 Sewer Lhe Easement l ~ C I ~ i rL ~ y\ /eel } \ \ \ ~ loi 312E ` 1~ C ; wswsr \ ~ _ ~ tbte ~ ,,.o. ~ as Rivets Road Easement - / • 3 ` Jrlipy,•~ ~ ~ M ~ ~ 1M SttE ~'`LO. stn ~ . ~ ` _ . - te~m x • ~ t.oT stn / 5 ~ - - 15' Rivate prlvew Easement ( ~ zs..+s x ~ ~ • - - ~ J._,;~ r - _ ~ caAPtnc scAU i ~ for llze 1 ~ ~ ~ U` ~ 1 a rm 1 L-_ . bx _ t l ` - • react.. b 1 •E`~\ wr mn 4- rtv+" _ ~ Lor size -Water Lfne Easement teszL x LEGEND _ _ ~ s b. &~dltq Setback Line ~ ~ 1 O -.A~ ~ . - ~ \ / GYwL•EF OrEE X - ~ L ® Ag1EN faEE Lot atn \ , acre. t •""'r• O ? ~ / ~ SipEAN CEN/ETICME r ~ j ~ ~ ~ ~ f WA7ER LM£ j a ~f., ~ tot stzE lOt stn ~ Roposed stream e t S'EttEA L/NE A 95t sr tr.,IM x ' ~ ds b. 7t b• ~ ~ ~ •,t ` . LANG USE SUMMARY \ ~ Edge of ev . nn-wt zone It.oz. •orlu MEl'eWIOAaL[ ratr/t eaa \ 8 t / _ F II r.eEr Iv1 wed Itrl trna.lxl ~ . ~ ~or sat I ~ , ~ t It.m ,O.qO Atp sett rtttw/t:rtYMn lM :u sr p, . t It.tDt 10,100 ettt' at,~.Itwtl'•firMY,w.IM .M b• rl ele,~~y ~1ie rpn t u.m t.tn uap s>ns.rtwtr/crr..t?e ~ SUIt1AAARV t..m tt./„ .BOp w.rtwa/c1.~•are ; t - _r Lab 6.70Aaw FOREST GLEN t »•tt to. ue coop su,r.rrer/crrrwl t?~t ~ l i Roed R.O.W. 83 t taut n.ent .too b,tt. rtwar /ca,wrrltMt Y. ` ~ ~ rr ~ - Access Esmt. .09 VHII, CO~O(8d0 r a.ra n.1a ltoo a,o. twat / tr.ur.. t?t i ~ i l TOTAL 1.5 Agee p ~ 4~ • .t.nt trtet tow s.,r.r.rr/c..tMr.t/ti ~ Y'~..~"._f ~ Data:,Mata~29. 19tH . . t n.w a.on .too ary.r.Ey/_ tM ~ . to cam ta,t: veto arorr.,N Fd'y'i : - cRevloWS~pterrOar t0. 1991 - . ~ .:7,.. :'.'.r..-.: SEDIentDM 20. 1991 n n.ttt taw eooo tngtlr.,ar ~ a~ _ +,+tM tt 11.110 D,tp uoo^ Yw ?wee@r•t. 1 t . t7 taw taw sop• wtr.r..ar/c..w.u+ ' ~ ,,,,,r to ».tw n.st. ato- a,7r r.,w / e.,.erv.. t?• . • , _ ~ ~ . t •l' Peter Jantar AasoLi/tes. Me. ~is~ tr r~'x~ ' Q,Ir`l.e t,mO gttrO trrdt~„re0.ttw Alw trleb!!r•~b,~r0 561'/ ,r~•rr aty rUrwrrtwrtre. •1r4m' ~E 0ew1tr0. nwsw,tr.rrttrE ~~}IQS s rr• ~++Irrw: m~wrr / 'O,terq•Mm.etw trMM/tlrtit,llE gl~rt lrVttYOttww te/t1,60 1IIA A/toPnd+O+-AN IAiOEA //FO 7.7r~]IO/DI. ' /MCCI IOCARI) M //,C AY i/I O• sty rt•w,w lwr ttrer. l1MafE~,rb ttn 0e„•t10 ~ - ~/NIPK.~ C ~ Vrt, rLCEpr,10Qr~ ~-~•t ~ / ~.m,og - r.... > a_~:,.^~"" cr. pia • ~+..I~~~~~a.a~ • lQf+ ~'~4 ..T.~. SI6JA?7v E57I7(S • '!rr_.. . ~ 2.OD AQ7E5 _ • \ ~ _ r _ \ _ • _ \ ~ \ ~ . ~ ~ • II • ~ ice, w • ~ r _ . Aat l ~ ~ ~ 1 ' ~J t. ~ • , - ~ manta KLLt. f'. b t ..'•-rte i„ ! ` M1 I~.N Nw M rrw11M1 ~ t111r wrar M InawlrMrlr aglrly . \ V . al 1 Y Nbrr~r ...,yy r ~•rwwer M .rew. U.r ~_nr q~.e( p.. Ate` ~ a r reo re. aasw nano. ~ IJ'Q/I r. JJ~I (/lit/11'Ea \ > rda~•Drr ItI1 J f I~'JO'r'f Jo. r : r w I..ow' r • = ~ ~ i, ~~l~~ ~ /I _II~'~Oe K /rprfta N /Rl/f /~.~li Vp fl-r>r wrl< art •'Narsronr nw.t m rJ' u w i s M tree noo I~.e I '.~~i :11 a ,P . -.t •anl .,n t1 ~ ~m m ama nam Rrr l a l4r Rlf t4/ ~ w ~ ~ P name... m I,o..,m -•es ml4 w -dam ~ oroa .oR ~r - sr.ao feuwr rar ~ ~'ts. ~ IIK/ M aA rUw ILaeD lLND - If•fN 301w1[ RA - - ~ ~ ~ i tor~l, wfaaw.[ ~ - n0.ftcr aal.llt rtrr a a:.ales i - i . - ~ ~ ~ _ _ _ sr + ~ SLOPE dNalySfS ~ *wC A(NI ~ i~r ~ D• J(Cl(lV Y 1 ~'f 'J! i ! ARTHUR I. MEARS, P.E., INC. IVacural Fiarard~ C.«nultants ' 222 Eao Gothic Ave. ' G~mni~on. Coloado 81230 303 -641.3236 August 28, 1991 Mr. Ron Reilly Timberfalls Association 228 Ridge Street Vail, CO 81657 Dear Mr. Reilly: ~ • At your request, I completed a site inspection of an unpl3tted parcel west of the Timberfalls development in East Vail on August 27, 1991. The purpose of the site visit was to quantify the potential rockfall hazard on the site. The southern portion (approximately 25%) of this parcel is mapped as "severe" rockfall hazard on Town of Vail maps. In addition to the site inspection, I conducted a study of aerial photographs dated 1939, 1950, 1962, 1974, and 1984. Some of these photos pre-date development and provide an excellent view of the area prior to man's disturbance and can be used to locate rocks which may have fallen into the area that was to become the parcel in question. The following observations and conclusions result from my study. a. Rock deposits characteristic of rockfall origin were not identified on the site through aerial-photo inspection or the site visit. b. The slope above the site consist of a mature forest with no perched boulders capable of rolling and b:,uncing down the slope and reaching the parcel. c. The distinct limestone cliff band, which serves as a rockfall source at many Vail areas, does not crop out on the slope above the parcel. In summary, rockfall does not appear to be a hazard on any portion of the parcel and should not serve as a constraint to building on the site. Please contact me if you have any questions. Sincerely, C-~~~~~~f Arthur I. Mears, P.E. Avalanche-control engineer MouWwMnq Auolanchu • Awloncl~cCa,rrolE,,,...xng ARTHUR 1. MEARS, P.E., INC. ~ _ Natural Hazards Cmuultants 222 Lrs, G.h„ /1.e. , Gunnison. Colorado 81230 303 - b~s 1.3236 September 4, 1991 Mr. Ron F;eilly Timberfalls Association 228 Ridge Street Vail, CO 81657 Dear Mr. Reilly: • At your request, I have completed (a) an analysis of avalanche dynamics and existing avalanche-berm capacity at Timberfalls, and (b) an evaluation of the debris-flow hazard. This work was based cn a site inspection conducted on August 27, 1991 and upon revised avalanche-dynamics calculations. AV~LA;ICI'.£ DYiv'AMICS AND BER*i CAPACITY An original avalanche analysis and berm specification was completed by Mr. Hans Frutiger, a Swiss avalanche-control engineer, in 1973. The analysis reported here applies current avalanche-dynamics methods, including modified Swiss and American procedures (Balm, 1990; Mears, in prep.), to compute the avalanche dynamics and adequacy of the existing berms. The following summari2es the methodology used. Computational details are included in the Appendix. 1. Design-avalanche ("100-year" return period} xunout distance was determined through inspection of a regional database of extreme avalanches. The runout distance ends on the north side of Gore Creek assuming natural terrain without the berm in place. 2. A design slab thickness of 1.60m over the starting zone area of 44,400m' was estimated by analysis of extreme storm data. 3. Velocity. flow height, discharge. and deposit ~eiaht, were computed through application of the Swiss avalanche-dynamics procedures (Balm, 1990). The runout distance was forced to stop at the point determined in step "1," above. The present berm configuration and location of excavations and tennis courts were used in final calculations. Mass Wmnnq • Auolanchu • Aaoloncl~eConlrolErytlneennp The following conclusions about berm effectiveness were reached ` as a result of this analysis and site measurements. 1. The flow height of the design avalanche is less than the existing berm height. 2. The maximum deDOSit height of the design avalanche is less than the berm height. 3. Lateral snreadina of the avalanche below the berms (in the tennis courts) is accurately shown on the original (Frutiger, 1973) drawings. The existing berm, therefore, does not require modifications or enlargements to mitigate the design avalanche. DEBRIS FLOWS The northeast corner of the unplatted parcel (on the west~~side of the avalanche berm) is shown as being within a "moderate-hazard". debris-flow area on the 1984 Town of Vail "Geologically-sensitive area" (GSA) maps. This includes portions of proposed lots 5 and 6, as shown on the Timberfalls site plan dated 6/10/91. Moderate hazard means Lots 5 and 6 and the building envelopes could be reached by muddy water, small rocks, and vegetative debris during a rare debris-flow event. Extensive building damage and/or loss of life will not be a problem. The return period of the design debris-flow is ~ 100 years. Mitigation to buildings on Lots 5 and 6 could be accomplished by flood-proofing and direct protection of exposed foundation and building walls. This method has been used at other buildings in vail. Alternately, mitigation could be achieved by designing a small settling pond and berm in the flat area above the tennis courts. Final mitigation details for Lots 5 and 6 depend on architectural and landscaping details which are not currently available. The mitigation on these lots, however, can easily be incorporated into building design without adversely affecting adjacent public or private property. Please contact me if you have any additional questions. Sincerely, ~Z~ ~ A thur I. ears P.E. Avalanche-control engineer . Encl. Appendix ORDINANCE NO. 37 Series of 1991 AN ORDINANCE AMENDING SECTION 18.32.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY ADDING "WELL WATER TREATMENT FACILITY" AS A CONDITIONAL USE IN THE AGRICULTURAL AND OPEN SPACE ZONE DISTRICT. WHEREAS, the Town Council is of the belief that well water treatment facilities are an acceptable use, subject to the issuance of a conditional use permit, in the Agricultural and Open Space Zone District; and WHEREAS, the Town of Vail Planning and Environmental Commission has recommended that well water treatment facilities be permitted as a conditional use in the Agricultural and Open Space Zone District. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.32.030 is hereby amended by the addition of Paragraph I to read as follows: "Well water treatment facility." 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. 1 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. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of October , 1991. A public hearing shall be held hereon on the 5th day of November , 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 2 U ~ ORDINANCE NO. 38, Series of 1991 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY KNOWN AS THE BERRY CREEK 5TH FILING PARCEL TO THE EAGLE COUNTY RECREATION AUTHORITY WHEREAS, the Town of Vail is the owner of certain property commonly known as the Berry Creek 5th Filing and more particularly described in Exhibit A attached hereto and made a part hereof; and, WHEREAS, the Town Council and other government entities within the County of Eagle have formed the Eagle County Recreation Authority for the principle purpose of purchasing the Berry Creek 5th Filing parcel so that it can be kept in the public domain and used as open space, recreation purposes, and other purposes which will benefit the health, safety, and welfare of the citizens of the Town of Vail and the citizens of Eagle County; and, . WHEREAS, the Town Council now wishes to convey the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council hereby approves the sale of the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority in accordance with the terms and conditions of the Purchase and Sale Contract attached hereto as Exhibit A and made a part hereof. 2. The Town Manager is hereby authorized to execute said Purchase and Sale Contract. 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases 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 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 1 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. 6. 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 15tlbay of October .1991, and a public hearing shall be held on this Ordinance on the 5th day of November , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 15thiay of October 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.38 2 '1' - . 1 ORDINANCE NO. 39 Series of 1991 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 1992 THROUGH DECEMBER 31, 1992, AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1991 TAX YEAR AND PAYABLE IN THE 1992 FISCAL YEAR. WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the 1992 fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 4th day of October, 1991, more than seven days prior to the hearing held on the 15th day of October, 1991, pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 1992 fiscal year, to make appropriations for the amounts specified in the budget, and to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 1991 year and payable in the 1992 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: ` 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 1992, and ending on the 31st day of December, 1992: 1 w ` FUND AMOUNT General Fund $13,935,817 Capital Projects Fund 6,231,678 Conservation Trust Fund 8,200 Real Estate Transfer Tax 1,918,255 Special Parking Assessment 274,000 Heavy Equipment Fund 1,463,993 Police Seizure Fund 84,118 Debt' Service Fund 4, 951, 932 Health Insurance Fund 630,000 Lionshead Mall Project Fund 73,000 Lionshead Mall Debt Service 45,350 Vail Marketing Fund 659,101 West Vail Debt Service Fund 1,740 Booth Creek Debt Service Fund 34,675 Total: 30,311,859 Less Interfund Transfers: <7,515,825> Total Budget $22,796.034 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 1992 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. 4. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 1991 fiscal year, the Town Council hereby levies a property tax of 5.995 mills upon each dollar of the total assessed valuation of $334,593,500 for the 1991 tax year of all taxable property within the Town, which will result in a gross tax levy of $2,005,888 said assessment shall be duly made by the County of Eagle, State of Colorado, and directs Revised Statutes (1873 as amended) and as otherwise required by law. 5. This Ordinance shall take effect five days after publication following the final passage hereof. 6. 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. 7. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and 2 the inhabitants thereof. 8. 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. 9. 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 ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 15thday of October , 1991, and a public hearing on this Ordinance shall be held at a regular meeting for the Town Council of the Town of Vail, Colorado on the 5th day of November , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _ ~ v ~ ~ Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeye~, Town. Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD.39 3 1 Y' ORDINANCE NO. 43 Series of 1991 AN ORDINANCE AMENDING CHAPTER 18.04 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF SECTION 18.04.276, Sc ~ ~ 1NG FORTH A DEFINITION FOR PLANT PRODUCTS; BY THE ADDITION OF SECTION 18.04.289, SETTING FORTH A DEFINITION FOR "SEASONAL PLANT PRODUCT BUSINESS"; AMENDING SECTION 18.30.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF PARAGRAPH T, SEASONAL PLANT PRODUCT BUSINESS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council is of the belief that the business of selling certain types of plant products on a seasonal basis is an acceptable conditional use in the Heavy Service Zone District; and WHEREAS, on October 28, 1991, at its regularly scheduled meeting of the Planning and Environmental Commission, recommended approval of the amendment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: . Section 1 Chapter 18.04 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.276, Plant Products, to read as follows: 18.04.276 - "Plant products" means fertilizers and plant seeds packaged in quantities weighing not more than 25 pounds, trees, shrubs, bedding plants, ground cover, Christmas trees and wreaths. Section 2 Chapter 18.04 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.289 to read as follows: 18.04.289 - "Seasonal Plant Products Business" means any person, corporation, company or partnership which sells any plant products, as defined in Section 18.04.276. A seasonal plant product business shall not operate in any location or site for more than two periods, not to exceed 60 consecutive days each, in any one year. Whenever a seasonal plant product business is not in operation, all structures, fixtures and equipment relating to the business shall be removed from the site or location of operation within a period not to exceed 72 hours. 1 t r. Section 3 Section 18.30.030 of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph T to read as follows: T -Seasonal Plant Product Business. Section 4 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 5 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6 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 7 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, 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 2 ~~i READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ,day of , 1991 Kent R. Rose, Mayor ATTEST: Pamela A. Braridmeyer, Town Clerk 3 t ~ U . ' + ORDINANCE NO. ~'a. SERIFS OF 1991 AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF VAIL, COLORADO SALES TAX REVENUE BONDS, SERIES 1991; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE BONDS, THE MANNER AND TERMS OF ISSUANCE, THE MANNER OF EXECUTION, THE METHOD OF PAYMENT AND THE SECURITY THEREFOR; PLEDGING A PORTION OF THE SAT FS TAX PROCEEDS OF THE TOWN AND THE NET REVENUES DERIVED FROM THE PARKING FACILITY FOR THE PAYMENT OF SAID BONDS; PROVIDING CERTA.II~I COVENANTS AND OTHER DETAIIS AND MAKING OTHER PROVISIONS CONCERNING THE BONDS AND THE DESIGNATED SALES TAX REVENUES AND NET REVENUES; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Definitions. Terms used in this Ordinance shall have the meanings specified in this section for all purposes of this Ordinance and of any ordinance amendatory hereof or supplemental hereto, or relating hereto, and of any instrument or document appertaining hereto, except where the context by clear implication herein otherwise requires. All definitions include the singular and plural and include all genders. Certain terms are parenthetically defined elsewhere herein. "Additional Bonds" means the one or more series of bonds or other securities or obligations authorized to be issued by the Town pursuant to Section 17 hereof and having a lien on the Pledged Revenues on a parity with the lien of the 1991 Bonds. "Bond Fund" means the fund by that name created by the 1989 Ordinance. "Bond Insurer" means Municipal Bond Investors Assurance Corporation. "Bond Insurance Policy" means the municipal bond insurance policy issued by the Bond Insurer guaranteeing the payment of principal and interest on the 1991 Bonds. -1- ' "Bond Reserve Insurance Policy" means any insurance policy, surety bond, irrevocable letter of credit or similar instrument deposited in or credited to the Reserve Fund in lieu of or in partial substitution for moneys on deposit therein. The issuer providing any such Bond Reserve Insurance Policy shall be an issuer which has been then currently assigned an AA?A rating or a comparable rating by Moody's Investors Service, Inc., Standard & Poor's Corporation or their successors. "Bonds" means the 1989 Bonds, 1991 Bonds and any Outstanding Additional Bonds. "Charter" means the Home Rule Charter of the Town, including all amendments thereto prior to the date hereof. "Commercial Bank" means any depository for public funds permitted by the laws of the StatE; for political subdivisions of the State which has a capital and surplus of $10,000,000 or more, and which is located within the United States. "Construction Fund" means the fund created by Section 13 hereof. "Fiscal Year" means the twelve months commencing on the first day of January of any calendar ~~ear and ending on the thirty-first day of December of such calendar year or such other twelve month period as may from time to time be designated by the Town Council as the Fiscal Year of the Town. "General Operating Expenses" means all reasonable current expenses, paid or accrued, of operating, maintaining and repairing the Parking Facilities. The tenor includes, without limitation, legal and incidental expenses of the various administrative departments of the Town directly or indirectly related and reasonable allocable to the administration of the Parking Facilities, insurance premiums, the reasonable charges of any paying agent, trustee or depository bank, contractual services, professional services required by this Ordinance, salaries and administrative expenses, labor, and the costs incurred by the Town in the collection of Gross Revenues. The term does not include any allowance for depreciation, any costs of reconstruction, improvement, extension or betterment, any accumulation of reserves for capital replacements, any reserves for operation, maintenance or repair of the Parking -2- " Facilities, any allowance for the redemption of any bond or other security evidencing a loan f or the payment of any interest thereon, and. any legal liability not based on contract. "Governmental Obliiations" means any of the following which are noncallable and which at the time of investment are legal investments under the laws of the State for the moneys proposed to be invested therein: (a) Direct general obligations o~ or obligations the payment of principal of and interest on which are unconditionally guaranteed by, the United States of America; (b) Bonds, debentures, notes or other evidences of indebtedness issued or guaranteed by any of the following: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Home Loan Banks; Federal Farm Credit Banks; Export-Import Bank of the United States; Federal Land Banks; Government National Mortgage Association; Federal Financing Bank; or Small Business Administration; or any other agency or instrumentality of the United States of America (created by an Act of Congress) substantially similar to the foregoing in its legal relationship to the United States of America, provided that, at the time of purchase, such obligations are rated in the highest rating category of Standard & Poor's Corporation or its successors; or •(c) Evidences of ownership ;~-ti~rests in obligations described in paragraph (a) or (b) above. "Gross Revenues" means all income and revenues derived directly or indirectly from the operation of or otherwise relating to the Parking Facilities, including, without limitation, any fee, rate or other charge assessed against any persons for the privilege of using or otherwise relating to the Parking Facilities. "Income Fund" means the special fund by that name created by the 1989 Ordinance. -3- "Maximum Annual Debt Service Requirement" means the maximum amount of all required payments of principal and interest on the Bonds which will become due in any Fiscal Year. "NE;t Revenues" means the Gross Revenues less General Operating Expenses. "1985 Bonds" means the Town's outstanding General Obligation Refunding Bonds, 1985, datc;d as of November 15, 1985. "19$5 Ordinance" means Ordinance No. 23, Series of 1985, as amended by Ordinance No. 29, Series of 1985. "1989 Bonds" means the Town's Sales Tax Revenue Bonds, Series 1989. "1989 Bond Ordinance" means Ordinance No. 29, Series of 1989. "1991 Bonds" means the Town's Sales Tax Revenue Bonds, Series 1991. "Ordinance" means this Ordinance of the Town, which provides for the issuance and delivery of the 1991 Bonds. "Outstanding" means, as of any date of calculation, all Bonds theretofore executed, issued and delivered by the Town except: (1) Bonds theretofore cancelled by the Town, Registrar or Paying Agent, or surrendered to the Town, Registrar or Paying Agent for cancellation; (2) Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered by the Town and authenticated by the Registrar unless proof satisfactory to the Registrar is presented that any such Bonds are duly held by the lawful registered owners thereof; or (3) Bonds deemed to have been paid as provided in Section 20 hereof. "Owner" or "registered owner" shall mean the registered owner of any 1991 Bond as shown on the registration books kept by the Registrar. "Parkins Facilities" means all existing parking facilities, including, but not limited to, all parking facilities constructed, otherwise acquired and equipped with the proceeds of the 1989 Bonds, and all future parking facilities operated by the Town, which facilities include all improvements, extensions, enlargements, additions or betterments to, or replacements of. -4 • ~ "Pavine Aeent" means Affiliated National Bank-Denver, Denver, Colorado, . being the agent for the Town for the payment of the 1991 Bonds and interest thereon, or its successors and assigns. "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic; and the term includes any trustee, receiver, assignee or other similar representative thereof. "Pledged Revenues" means: (i) the revenues derived from the Pledged Sales Tax; (ii) any additional taxes (other than a general ad valorem tax), funds or revenues which the Town hereafter pledges to the payment of Bonds; (iii) the Net Revenues; (iv) proceeds of the Bonds or other legally available moneys deposited into and held in the Bond Fund and the Reserve Fund; and (v) interest• or investment income on the Income Fund, the Bond Fund and the Reserve Fund; all to the extent that such moneys are at any time required by Section 14 hereof to be deposited into and held in the Income Fund, and the Bond Fund and the Reserve Fund. "Pledged Sales Tax" means that one-half of the proceeds of the Sales Tax which is also pledged to the payment of the 1985 Bonds and the 1989 Bonds. "Pledged Sales Tax" does not include incremental sales taxes which are or may be pledged to the payment of the bonds pursuant to an urban renewal plan as defined in 31-25-103(a), C.R.S or a plan of development as defined in 31-25-802 (6.4) C.R.S. "Pledged Sales Tax" does not include amounts withheld by retailers and vendors to cover their expenses in collecting and remitting the Pledged Sales Tax, and Pledged Sales Tax does not include amounts collected by the Town and subsequently determined, pursuant to the applicable Sales Tax Ordinances, to be subject to valid claims for refunds. "Pledged Sales Tax" does not include the proceeds of any increase in the Sales Tax which may be approved in the future, unless such increase is expressly pledged by the Town. "Pledged Sales Tax" does include one-half of the proceeds derived by the Town from any legally available tax or taxes or fees (other than a general ad -5- valorem tax) which replace or supersede the Pledged Sales Tax, regardless of whether such tax or taxes or fees are imposed by the Town or the State or other political subdivision ` thereof. "Preliminary Official Statement" means the Preliminary Official Statement dated 1991. "Pi•oiect" means any public improvement or equipment which the Town is legally authorized to acquire, construct or finance. "Purchase Contract" means the Purchase Contract between the Town and the Purchaser dated 1991. "Purchaser" means George K. Baum & Company, Kirchner Moore Division. "Rebate Fund" means the fund by that name created by the 1989 Ordinance. "Registrar" means Affiliated National Bank-Denver, Denver, Colorado, being file agent for the Town for the registration, transfer and exchange of the 1991 Bonds, or its successors. "Registrar Agreement" means the Registrar Agreement between the Town and the Registrar dated as of November 1, 1991. "Reeular Record Date" means the fifteenth day of the calendar month next preceding each interest payment date for the 1991 Bonds (other than a special interest payment date hec•eafter fixed for the payment of defaulted interest). "Re;serve Fund" means the fund by that name created by the 1989 Ordinance. "Reserve Fund Requirement" means an amount equal to the Maximum Annual Debt Service Requirement. "Sales Tax" means the tax upon the sale and use of goods and services which is currently being levied by the Town pursuant to the Sales Tax Ordinances and any future or amended tax levied by the Town as a sales and use tax. "Sales Tax Ordinances" means the ordinances adopted by the Town Council of the Town for the purpose of adopting and enforcing the Sales Tax and which are in effect on the date of this Ordinance and as later amended or supplemented. -6- • "Special Record Date" means a special date fixed to determine the names and addresses of registered owners for purposes of paying interest on a special interest payment date for the payment of defaulted interest, all as further provided in Section 6 hereof. . "State" means the State of Colorado. "'Tax Code" means the Internal Revenue Code of 1986, as amended. "Town" means the Town of Vail, Colorado. 'Town Council" means the Town Council of the Town or any successor in functions thereto. 'Trust Bank" means a Commercial Bank which is authorized to exercise and is exercising trust powers. Section 2. Recitals. A. The Town is a municipal corporation duly organized and existing under the Town's Charter adopted pursuant to Article XX of the Constitution of the State of Colorado. B. Section 10.6 of the Charter permits the Town to issue securities made payable solely out of the proceeds of any sales taxes, or from any porti~:,f:.thereof, or solely from net revenues derived from the operation of an income-produciz-sg project or any combination, of sales taxes and net revenues without an election. C. The Town imposes a Sales Tax pursuant to Section 11.1 of the Charter and the Sales Tax Ordinances. D. The Town has pledged one-half of the revenues from the Sales Tax to the payment of the 1985 Bonds and, on a subordinate basis, to the 1989 Bonds. E. Pursuant to the 1985 Ordinance, the Town issued the 1985 Bonds and agreed to pledge and set aside the Pledged Sales Tax to pay the principal of and interest on the 1985 Bonds, provided that the Pledged Sales Tax could also be pledged and used for the payment of the principal of and interest on other additional general obligation bonds of the Town which may be issued thereafter on a parity with or subordinate to the 1985 Bonds with respect to the Pledged Sales Tax. The 1985 Ordinance also provided that, to the extent that the principal of and interest on the 1985 Bonds and any additional parity general -7- obligation bonds are fully provided for in any Fiscal Year by tax revenues and other moneys legally available therefore, the Town is authorized to use such excess Pledged Sales Tax for other purposes, including, but not limited to, payment of special non-general obligation bonds of the Town which may not be issued on a parity with the 1985 Bonds, but only may be issued in a subordinate and inferior position to the claim of the 1985 Bonds to the Pledged Sales Tax. F. Except for the 1985 Bonds, the 1989 Bonds, and bonds or obligations which have been paid or defeased as of the date of issuance of the 1991 Bonds, the Town has never pledged the Pledged Sales Tax to the payment of any bonds or for any purpose with the result that the Pledged Sales Tax may now be pledged (with a lien which is subordinate to the lien for the 1985 Bonds but on a parity with the 1989 Bonds) lawfully and irrevocably for the payment of the 1991 Bonds. G. Except for the 1989 Bonds, the :Town has never pledged the Net Revenues derived from the Parking Facilities with the result that the Net Revenues may now be pledged (with a lien which is on a parity with the lien of the 1989 Bonds) lawfully and irrevocably for the payment of the 1991 Bonds. H. The Town has received a proposal from the Purchaser for the purchase of the 1991 Boncls for the purpose of defraying in whole or in part the costs of the Project. I. There have been presented to the Council the proposed forms of the following documents: the Purchase Contract; the Registrar Agreement; and the Preliminary Official Statement. J. The Town Council is desirous of causing the 1991 Bonds to be issued, of authorizing and directing the application of the proceeds thereof as set forth herein, and of providing security for the payment thereof, all in the manner hereinafter set forth. Section 3. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by, the Town Council and other officers of the Town in the imposition and collection of the Sales Tax or the Gross Revenues, in providing the Project, and in selling and issuing the 1991 Bonds for those purposes are, ratified, approved and confirmed. -8- Section 4. Authorization of Proiect. The Project is hereby authorized at a - cost of not exceeding x2,525,000 (excluding costs to be paid from sources other than the original proceeds of the 1991 Bonds). Section S. Authorization of the 1991 Bonds. There are hereby authorized to be issued fully registered sales tax revenue securities of the Town, to be designated "Town of Vail, Colorado, Sales Tax Revenue Bonds, Series 1991" in the aggregate principal amounts of x2,525,000, to be payable and collectible, both as to principal and interest, from the Pledged Revenues. Section 6. 1991 Bond Details. The 1991 Bonds shall be issued in fully registered form (i•e•. registered as to both principal and interest), shall be dated as of November 1, 1991, shall be issued in the denomination of x5,000 or any integral multiple thereof (provided that no 1991 Bond may be in a denomination which exceeds the principal coming due on any maturity date, and no individual 1991 Bond will be issued for more than one maturity) and shall be numbered in such manner as the Registrar may determine. The 1991 Bonds shall bear interest from their dated date until maturity at the rates per annum shown below, payable semiannually on June 1 and December 1 in each year, commencing on June 1, 1992, except that any 1991 Bond which is reissued upon transfer, exchange or other replacement shall bear interest from the most recent interest payment date to which interest has been paid or duly provided for, or if no interest has been paid, from the date of the 1991 Bonds. The 1991 Bonds shall mature on December 1 in each of the years and amounts hereinafter designated, as follows: Interest Maturity Principal Rate Date Amount (Per Annuml 1992 x 55,000 1993 75,000 ' 1994 75,000 1995 80,000 X996 85,000 1997 90,000 1998 95,000 1999 100,000 -9- 2000 105,000 - 2001 115,000 - 2002 120,000 2003 130,000 2004 140,000 2005 145,000 2011 1,115,000 The principal of any 1991. Bond shall be payable to the registered owner thereof as shown on the registration records kept by the Registrar, upon maturity thereof and upon presentation and surrender at the Paying Agent. If any 1991 Bond shall not be paid upon such presentation and surrender at or after maturity, it shall continue to draw interest at the same interest rate borne by said 1991 Bond until the principal thereof is paid in full. Payment of interest on any 1991 Bond shall be made by check or draft mailed by . the Paying Agent, on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), to the registered owner thereof at the address shown on the registration records kept by the Registrar at the close of business on the Regular Record Date for such interest payment date; but any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the registered owner thereof at the close of business on the Regular Record Date and shall be payable to the pearson who is the registered owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the 1991 Bonds not less than ten days prior to the Special Record Date by first- class mail to each such registered owner as shown on the Registrar's registration records on a date selected by the Registrar, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any 1991 Bond by such alternative means as may be mutually agreed to between the owner of such 1991 Bond and the Paying Agent (provided, however, that the Town shall not be required to make funds available to the Paying Agent prior to the interest payment -lo- - dates stated in this Section). All such payments shall be made in lawful money of the United " States of America without deduction for the services of the Paying Agent or Registrar. Section 7. Prior Redemption. A. 1991 Bonds maturing on or before December 1, ,are not subject to prior redemption. 1991 Bonds maturing on and after December 1, ,shall be subject to prior redemption, at the option of the Town, in whole, or in part, in integral multiples of 55,000, from such maturities as are selected by the Town, and if less than all of the Bonds of a maturity are to be redeemed, by lot within a maturity in such manner as the Registrar may determine, on December 1, , or on any date thereafter, at the redemption prices set forth below (expressed as a percentage of principal amount) plus accrued interest to the redemption date: Redemption Dates Redemption Prices December 1, through November 30, ~ °10 December 1, through November 30, °10 December 1, and thereafter °~o B. 1991 Bonds maturing on December 1, 2011 are subject to mandatory sinking fund redemption at a price equal to the principal amount thereof plus accrued interest to the redemption date. 1991 Bonds subject to mandatory sinking fund redemption shall be selected by lot in such manner as the Registrar shall determine (giving proportionate weight to the 1991 Bonds in denominations larger than 55,000). As and for a sinking fund for the redemption of the 1991 Bonds maturing on December 1, 2011, the Town will deposit in the Bond Fund on or before December 1, 2006, and on or before each December 1 thereafter through December 1, 2011, a sum together with other moneys available in the Bond Fund is sufficient to redeem, (after credit as provided below) the following principal amounts of the 1991 Bonds maturing on December 1, 2011: Principal Year Amount 2006 5155,000 2007 165,000 2008 180,000 -11- f 2009 190,000 2010 205,000 The remaining $220,000 of the 1991 Bonds maturing on December 1, 2011 shall be paid upon presentation and surrender at maturity unless redeemed pursuant to optional redemption prior to maturity. On or before the thirtieth day prior to each such sinking fund payment date, the Registrar shall proceed to call the 1991 Bonds indicated above (or any 1991 Bond or Bonds issued to replace such 1991 Bonds) for redemption from such sinking fund on the next December 1, and give notice of such call without further instruction or notice from the Town. At its option, to be exercised on or before the sixtieth day next preceding any such sinking fund redemption date, the Town may (a) deliver to the Registrar for cancellation 1991 Bonds subject to mandatory sinking fund redemption in an aggregate principal amount desired or (b) receive a credit in respect of its sinking .fund redemption obligation for any 1991 Bonds subject to mandatory sinking fund redemption, which prior to said date have been redeemed (other wise than through the operation of the sinking fund) and cancelled by the Registrar and not. theretofore applied as a credit against any sinking fund redemption obligation. Each 1991 Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the Town on such sinking fund redemption date and the principal amount of 1991 Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The Town will on or before the sixtieth day next preceding each sinking fund redemption date furnish the Registrar with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding sentence are to be availed with respect to such sinking fund payment. Failure of the Town to deliver su oh certificate shall not affect the Registrar's duty to give notice of sinking fund redemption as provided in this paragraph B. C. In the case of 1991 Bonds of a denomination larger than $5,000, a portion of such 1991 Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the owner of such 1991 Bond, authenticate and issue a replacement 1991 Bond or Bonds for the unredeemed portion thereof. -12- ¦ D. Except as provided in paragraph B of this Section, the Director of ' Finance of the Town shall give written instructions concerning any prior redemption to the Registrar at least sixty days prior to such redemption date. Notice of redemption shall be given by the Registrar in the name of the Town, by sending a copy of such notice by certified, first-class postage prepaid mail, not more than sixty nor less than thirty days prior to the redemption date, to the Purchaser, and to each registered owner of any 1991 Bond, all or a portion of which is called for prior redemption, at his address as it last appears on the registration records kept by the Registrar. Failure to give such notice by mailing to the registered owner of any 1991 Bond or to the Purchaser of any defect therein, shall not affect the validity of the proceedings for the redemption of any other 1991 Bonds. Such notice shall identify the 1991 Bonds or portions thereof to be redeemed (if less than all are to be redeemed) and the date fixed for redemption, and shall further state that on such redemption date the principal amount.ther~-~:::f and the designated premium thereon, if any, will become due and payable at the Paying Agent, and that from and after such date interest will cease to accrue. Accrued interest to tl-„~ vdemption date will be paid by check or draft mailed to the registered owner (or by alt~;_.:s.ive means if so agreed to by the Paying Agent and the registered owner). Notice having been given in the manner hereinabove provided, the 1991 Bond or Bonds so called for redemption shall become due and payable on the redemption date so designated; and upon presentation and surrender thereof at the Paying Agent, the Town will pay the principal of and premium on, if any, 1991 Bond or Bonds so called for redemption. Section 8. Special Obiiations. All of the 1991 Bonds, together with the interest accruing thereon, shall be payable and collectible solely out of the Pledged Revenues, which are hereby irrevocably so pledged; the owner or owners thereof may not look to any general or other fund for the payment of principal and interest on the 1991 Bonds, except the designated special funds pledged therefor; and the 1991 Bonds shall not constitute an indebtedness nor a debt within the meaning of any applicable charter, constitutional or statutory provision or limitation; nor shall they be considered or held to be general obligations of the Town; and each of the 1991 Bonds herein authorized to be issued shall recite on its -13- - face that it is payable and collectible solely. from the Pledged Revenues, and that the owners thereof may not look to any general or other fund for the payment of the principal and interest on the 1991 Bonds. Section 9. Neeotiability. Subject to the registration provisions hereof, the 1991 Bonds shall be fully negotiable and shall have all the qualities of negotiable paper, and the owner or owners thereof shall possess all rights enjoyed by the holders or owners of negotiable instruments under the provisions of the Uniform Commercial Code-Investments Securities. The principal of and interest on the 1991 Bonds shall be paid, and the 1991 Bonds shall be transferable, free from and without regard to any equities between the Town and the original or any intermediate owner of any 1991 Bonds or any setoffs or crossclaims. Sec:lion 10. Execution. The 1991 Bonds shall be executed in the name and on behalf of the Town by the signature of the Mayor, shall be sealed with a manual or facsimile impression of the seal of the Town and attested by the signature of the Town Clerk. Each 1991 Bond shall be authenticated by the manual signature of an authorized officer or employee of the Registrar as hereinafter provided. The signatures of the Mayor and the Town Clerk may be by manual or facsimile signature. The 1991 Bonds bearing the manual or facsimile signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obligations of the Town (subject to the requirement of authentication by the Registrar as hereinafter provided), notwithstanding that before the delivery thereof and payment therefor or before the issuance of the 1991 Bonds upon transfer or exchange, any or all of the persons whose manual or facsimile signatures appear thereon shall have ceased to fill their respective offices. The Mayor and the Town Clerk shall, by the execution of a signature certificate pertaining to the 1991 Bonds, adopt as and for their respective signatures any facsimiles thereof appearing on the 1991 Bonds. At the time of the execution of the signature certificate, the Mayor and the Town Clerk may each adopt as and for his or her facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears upon any of the 1991 Bonds. No 1.991 Bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form hereinafter provided, has been duly manually -14- - - executed by the Registrar. The Registrar's certificate of authentication shall be deemed to have been duly executed by the Registrar if manually signed by an authorized officer or employee of the Registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the 1991 Bonds issued hereunder. By authenticating any of the 1991 Bonds initially delivered pursuant to this Ordinance, the Registrar shall be deemed to have assented to the provisions of this Ordinance. Section 11. Re®stration. Transfer and Exchange. A. Records for the registration and transfer of the 1991 Bonds shall be kept by the Registrar, which is hereby appointed by the Town as registrar (i.e., transfer agent) for the 1991 Bonds. Upon the surrender for transfer of any 1991 Bond at the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing, the Registrar shall enter such transfer on the registration records and shall authenticate and deliver. in the name of the transferee or transferees a new 1991 Bond or Bonds of the same series, of a like aggregate principal amount and of the same maturity, bearing a number or numbers not previously assigned. 1991 Bonds may be exchanged at the Registrar for an equal aggregate principal amount of 1991 Bonds of the series and the same maturity of other authorized denominations. The Registrar shall authenticate and deliver a 1991 Bond or Bonds which the registered owner making the exchange is entitled to receive, bearing a number or numbers not previously assigned. The Registrar may impose reasonable charges in connection with such exchanges and transfers of 1991 Bonds, which charges (as well as any tax or other governmental charge required to be paid with respect to such exchange or transfer) shall be paid by the registered owner requesting such exchange or transfer. B. The Registrar shall not be required to transfer or exchange (1) any 1991 Bond or portion thereof during a period beginning at the opening of business fifteen days before the day of the mailing of notice of prior redemption as herein provided and ending at the close of business on the day of such mailing, or (2) any 1991 Bond or portion thereof after the mailing of notice calling such 1991 Bond or any portion thereof for prior redemption, except for the unredeemed portion of the 1991 Bonds being redeemed in part. -15- C. The person in whose name any 1991 Bond shall be registered on the registration records kept by the Registrar shall be deemed and regarded as the absolute ' owner thereof for' the purpose of making payment thereof and for all other purposes; except as may be otherwise provided in Section 6 hereof with respect to payment of interest; and, subject to such exception, payment of or on account of either principal or interest on any 1991 Bond shall be made only to or upon the written order of the registered owner thereof or his legal repre,~?entative, but such registration may be changed upon transfer of such 1991 Bond in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such 1991 Bond to the extent of the sum or sums so paid. D. If any 1991 Bond shall be lost, stolen, destroyed or mutilated, the Registrar shall, upon receipt of such evidence, information or indemnity relating thereto as it and the Town may reasonably require, authenticate and deliver a replacement 1991 Bond or Bonds of a like aggregate principal amount and of the same maturity, bearing a number or numbers not previously assigned. If such lost, stolen, destroyed or mutilated 1991 Bond shall have matured or is about to become due and payable, the Registrar may direct the Paying Agent to pay such 1991 Bond in lieu of replacement. E. The officers of the Town are authorized to deliver to the Registrar fully executed but unauthenticated 1991 Bonds in such quantities as may be convenient to be held in custody by the Registrar pending use as herein provided. F. Whenever any 1991 Bond shall be surrendered to the Paying Agent upon payment thereof, or to the Registrar for transfer, exchange or replacement as provided herein, such 1991 Bond shall be promptly cancelled by the Paying Agent or Registrar, and counterparts of a certificate of such cancellation shall be furnished by the Paying Agent or Registrar to the Town. Section 12. Form of 1991 Bonds, Leeal Opinion, Certificate and Reeistration Panel. The 1991 Bonds, the registration panel and the legal opinion certificate to appear on the 1991 Bonds shall be substantially as follows (provided that any portion of the 1991 Bond text may, with appropriate references, be printed on the back of the 1991 Bonds), with such -16- - omissions, insertions, endorsements, and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this Ordinance, or be consistent with this Ordinance and necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto: 4 -17- (Form of Bond) UNt t 1?D STATES OF AMERICA STATE OF COLORADO COUNTY OF EAGLE TOWN OF VAII, COLORADO SALES TAX REVENUE BOND SERIFS 1991 NO.~R- $ , INTEREST RATE MATURITY DATE DATED AS OF CUSIP DECEMBER 1, NOVEMBER 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: The Town of Vail, in the County of Eagle and State of Colorado (the 'Town"), for value received, promises to pay to the registered owner specified above, or registered assigns, solely from the special funds provided therefor, the principal amount specified above, on the maturity date specified above (unless called for earlier redemption), and to pay from said sources interest thereon on June 1 and December 1 of each year, commencing on June 1, 1992, at the interest rate per annum specified above, until the principal sum is paid or payment has been provided therefor. This bond will bear interest from the most recent interest payment date to which interest has been paid or provided for, or, if no interest has been paid, from the date of this bond. The principal of this bond is payable upon presentation and surrender hereof at the principal corporate trust office of the Town's -18- registrar and paying agent (the "Registrar" or the "Paying Agent"), presently Affiliated National Bank-Denver, in Denver, Colorado. Interest on this bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), by check or draft mailed to the person in whose name this bond is registered (the "registered owner") in the registration records of the Town maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such interest payment date (the "Regular Record Date"). Any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the registered owner hereof at the close of business on the Regular Record Date and shall be payable to the person who is the registered owner hereof at the close of business on a Special Record Date for the payment of any defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the bonds of the series of which this is one (the "Bonds") not less than ten days prior to the Special Record Date. Alternative means of payment of interest may be used if mutually agreed to between the owner of any Bond and the Paying Agent, as provided in the ordinance of the Town authorizing the issuance of the Bonds (the "Bond Ordinance"). All such payments shall be made in lawful money of the United States of America without deduction for the services of the Paying Agent or Registrar. Bonds of the series of which this bond is a part (the "1991 Bonds") maturing on and after December 1, ,are subject to prior redemption, at the option of the Town, in whole, or in part, in integral multiples of 55,000, from such maturities as are selected by the Town, and if less than all of the Bonds of a maturity are to be redeemed, by lot within a maturity in such manner as the Registrar may determine, on December 1, , or on any date thereafter, at the redemption prices set forth below (expressed as a percentage of principal) plus accrued interest to the redemption date: Redemption Dates Redemption Prices December 1, through November 30, °~o December 1, through November 30, °~o December 1, and thereafter -19- Bonds of the series of which this bond is a part maturing on December 1, 2011 . (the "Term Bonds") are subject to mandatory sinking fund redemption in the manner provided in the Bond Ordinance at a price equal to the principal amount thereof plus accrued interest to the redemption date. Term Bonds shall be selected for mandatory sinking fund redemption by lot in such mariner as the Registrar shall determine (giving proportionate weight to Bonds in denominations larger than $5,000). As and for a sinking fund for the redemption of the Term Bonds the Town will deposit in the Bond Fund on or before December 1, 2006, and on or before each December 1 thereafter through December 1, 2010, a sum which together with other moneys available in the Bond Fund is sufficient to redeem (after credit as provided below) the following principal amounts of the Term Bonds: Principal Year Amount 2006 $155,000 2007 165,000 2008 180,000 2009 190,000 2010 205,000 The remaining $220,000 of the Term Bonds shall be paid upon presentation and surrender at maturity on December 1, 2011 unless redeemed pursuant to optional redemption prior to maturity. On or before the thirtieth day prior to each such sinking fund payment date, the Registrar will proceed to call the Bonds indicated above (or any Bond or Bonds issued to replace such Bonds) for redemption from such sinking fund on the next December 1, and give notice of such call. The Town is entitled to certain credits against its sinking fund redemption obligation in the manner and upon the conditions provided in the Bond Ordinance. In the case of redemption of Bonds of a denomination larger than $5,000, a portion of such Band ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar "shall, without charge to the owner of such Bond, authenticate and issue a replacement Bond or Bonds for the unredeemed portion thereof. Redemption shall be made upon not more than sixty days and not less than thirty days mailed notice to the -2a original purchasers and to each registered owner of Bonds to be redeemed as shown on the registration records kept by the Registrar, in the manner and upon the conditions provided in the Bond Ordinance. The Bonds are issuable only as fully registered Bonds in denominations of X5,000 or any integral multiples thereof and are exchangeable for fully registered Bonds of the same maturity and series in equal aggregate principal amounts and in authorized denominations at the aforesaid office of the Registrar, but only in the manner, subject to the limitations and conditions, and upon payment of the charges provided in the Bond Ordinance. This Bond is fully transferable by the registered owner hereof in person or by his duly authorized attorney on the registration records kept by the Registrar upon surrender of this Bond together with a duly executed written instrument of transfer satisfactory to the Registrar. Upon such transfer a new fully registered bond of authorized denomination or denominations of the same series, aggregate principal amount and maturity will be issued to the transferee in exchange for this bond, subject to such terms and conditions and on payment of the charges as set forth in the Bond Ordinance. The Town and the Registrar and Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of making payment and for all other purposes, except to the extent otherwise provided hereinabove and in the Bond Ordinance with respect to Regular and Special Record Dates for the payment of interest. The Registrar will not be required to transfer or exchange (i) any Bond or portion thereof during a period beginning at the opening of business fifteen days before the day of the mailing by the Registrar of notice of prior redemption and ending at the close of business on the day of such mailing, or (ii) any Bond or portion thereof after the mailing of notice calling such Bond or any portion thereof for prior redemption, except the unredeemed portion of Bonds being redeemed in part. The 1991 Bonds are authorized for the purpose of defraying wholly or in part the costs of the Project (as defined in the Bond Ordinance), for the payment of costs and expenses incidental thereto and to the issuance of the Bonds, and for funding a reserve for the Bonds, all under the authority of and in full conformity with the Constitution of the State -21- of Colorado and the Town Charter and pursuant to the Bond Ordinance duly adopted, - published and made a law of the Town, all prior to the issuance of this bond. The Bonds do not constitute a debt or an indebtedness of the Town within the meaning of any applicable charter, constitutional or statutory provision or limitation, shall not be considered or held to be a general obligation of the Town, and are payable from, and constitute a pledge of, an irrevocable lien (but not necessarily an exclusive lien) on, all of the proceeds to be derived by the Town from the Pledged Sales Tax (as defined in the Bond Ordinance) and from any taxes which hereafter may be imposed by the Town in addition thereto or in substitution therefor, Net Revenues (as defined in the Bond Ordinance) of the Parking Facilities (as defined in the Bond Ordinance), any taxes, funds or revenues which the Town hereafter pledges to the payment of the Bonds, certain other moneys held in the Bond Fund and the Reserve Fund (as both such funds are defined in the Bond Ordinance), and investment income on certain funds, all to the extent .that such moneys are at any time required to be deposited into and held in the Income Fund, the Bond Fund, and the Reserve Fund created by, and as provided in, the Bond Ordinance, subject to certain exceptions and exclusions as provided in the Bond Ordinance (the "Pledged Revenues"). ThE; Bonds constitute a pledge of, and an irrevocable lien (but not necessarily an exclusive lien) on all of the Pledged Revenues, on a parity with the lien of the Town's outstanding Sales Tax Revenue Bonds, Series 1989 (the "1989 Bonds"). The Bonds are equitably and ratably secured by a lien on the Pledged Sales Tax, but the Bonds only constitute an irrevocable and second and subordinate lien (but not necessarily an exclusive second lien) upon the Pledged Sales Tax, such lien being second and subordinate to the lien of the Town's out.>tanding General Obligation Bonds, 1985 (the "1985 Bonds"). In connection with the Pledged Sales Tax and as required by the ordinance which authorized the 1985 Bonds, the Town shall fully provide for the debt service, reserve account, and other requirements of the 1985 Bonds. in any fiscal year and, only after such provision, may use excess Pledged Sales Taxes for the payment of the principal of and interest on the Series -22- _ Bonds, by transferring such excess Pledged Sales Taxes to the Income Fund (as defined in the Bond Ordinance). The Bonds constitute an irrevocable and first lien (but not necessarily an exclusive fast lien) upon the other Pledged Revenues except for the Pledged Sales Tax. Payment of the principal of and interest on this borid shall be made from, and as security for such payment there are irrevocably (and exclusively) pledged, pursuant to the Bond Ordinance, moneys deposited and to be deposited in a special fund of the '"own (the "Bond Fund") into which fund the Town has covenanted under the Ordinance to pay from the Pledged Revenues, a sum sufficient, together with other moneys available in the Bond Fund therefor, to pay when due the principal of and interest on the 1989 Bonds, the 1991 Bonds and any Additional Bonds (as defined in the Bond Ordinance). In addition, there is irrevocably and exclusively pledged to the payment of the 1989 Bonds, the 1991 Bonds and any Additional Bonds (as defined in the Bond Ordinance) a reserve fund (the "Reserve Fund") which will be maintained as a reasonable reserve therefor. Except as otherwise specified in the Bond Ordinance, this Bond is entitled to the benefits of the Ordinance equally and ratably both as to principal (and redemption price) and interest with all other Bonds issued and to be issued under the Bond Ordinance, to which reference is made for a description of the rights of the owners of the 1991 Bonds and the rights and obligations of the Town. This bond is payable from the Pledged Revenues, and the owner hereof may not look to any general or other fund of the Town for the payment of the principal of and interest on this bond except the Pledged Revenues. Reference is made to the Bond Ordinance for the provisions, among others, with respect to the custody and application of the proceeds of the 1991 Bonds, the receipt and disposition of the Pledged Revenues, the nature and extent of the security, the terms and conditions under which additional bonds payable from the Pledged Revenues may be issued, the rights, duties and obligations of the Town, and the rights of the owners of the Bonds; and by the acceptance of this bond the owner hereof assents to all provisions of the Bond Ordinance. The principal of and the interest on this bond shall be paid, and this bond is transferable, free from and without -23- regard to any equities between the Town and the original or any intermediate owner hereof ' or any setoffs or cross-claims. This bond must be registered in the name of the owner as to both principal and interest on the registration records kept by the Registrar in conformity with the provisions stated herein and endorsed herein and subject to the terms and conditions set forth in the Bond Ordinance. No transfer of this bond shall be valid unless made on the registration records maintained at the principal office of the Registrar by the registered owner or his attorney duly authorized in writing. The Bonds have been designated in the Bond Ordinance as "qualified tax- exempt obligations" for the purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. It i;s further certified and recited that all the requirements of law have been fully complied with by the proper Town officers in the issuance of this bond. This bond shall not be valid or obligatory for any purpose until the Registrar shall have manually signed the certificate of authentication herein. -24 - IN TESTIMONY WHEREOF, the Town Council of the Town of Vail has ' caused this bond to be signed and executed in its name with a manual or facsimile signature of the Mayor of the Town, and to be signed, executed and attested with a manual or facsimile signature of the Town Clerk, with a manual or facsimile impression of the seal of the Town affixed hereto, all as of the date specified above. (Manual or Facsimile Sienature) Mayor (MANUAL OR FACSIMILE SEAL) Attest: (Manual or Facsimile Si~nature~ Town Clerk (End of Form of Bond) -25- (Form of Registrar's Certificate of Authentication) " This is one of the Bonds described in the within-mentioned Bond Ordinance, and this Bond has been duly registered on the registration records kept by the undersigned as Registrar for such Bonds. ArruJATED NATIONAL BANK-DENVER, as Registrar Date of Authentication By: and Registration: Authorized Officer or Employee (End of Form of Registrar's Certificate of Authentication) -26- . - (Form of Assignment) For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the records of the Registrar, with full power of substitution in the premises. Dated: Signature Guaranteed: Address of transferee: Social Security or other tax identification number of transferee: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. (End. of Form of Assignment) -27- (Form of Legal Opinion Certificate) - STATE OF COLORADO ) LEGAL OPINION COUNTY OF EAGLE ) SS. CER i it KATE TOWN OF VAD. ) I, the undersigned Town Clerk of the Town of Vail, in the County of Eagle and State of Colorado, do hereby certify that the following approving legal opinion of Sherman & Howard, Attorneys at Law, Denver, Colorado: [Insert text of legal opinion] is a true, perfect and complete copy of a manually executed and dated copy thereof on file in the records of the Town in my office; that a manually executed and dated copy of the opinion was forwarded to a representative of the original purchasers for retention in their records; and that: the opinion was dated and issued as of the date of the delivery of and payment for the Bonds of the series of which this is one. IN WITNESS WHEREOF, I have caused to be hereunto set my manual or facsimile signature. (Manual or Facsimile Sienaturel Town Clerk (End of Form of Legal Opinion Certificate) -28- Section 13. Delivery of 1991 Bonds and Disvosition of Proceeds. When the • 1991 Bonds have been duly executed by appropriate Town officers and authenticated by ~ the Registrar, the Town Manager shall cause the 1991 Bonds to be delivered, at one time or from time to time, to the Purchaser, on receipt of the agreed purchase price. The 1991 Bonds shall be delivered in such denominations as the Purchaser shall direct (but subject to the provisions of Section 6 hereof); and the Registrar shall initially register the 1991 Bonds in such name or names as the Purchaser shat direct. The proceeds of the 1991 Bonds, including without limitation the accrued interest thereon, shall be deposited promptly by the Town Manager and shall be accounted for in the following manner and are hereby pledged therefor, but the Purchaser of the 1991 Bonds or any subsequent Owner in no manner shall be responsible for the application or disposal by the Town or any of its officers of any of the funds derived from the sale: (i) All accrued interest, if any, received in respect of the 1991 Bonds shall he credited to the Bond Fund to be applied to the payment of the 1991 Bonds. (ii) An amount equal to $ of the original principal amount of the 1991 Bonds as of the date of initial delivery shall be credited to the Reserve Fund. (iii) All remaining proceeds of the 1991 Bonds shall be credited to the following special and separate account, hereby created and established, to be known as the 'Town of Vail, Colorado Sales Tax Revenue Bonds, Series 1991, Construction Fund," to be used, together with any other available moneys therefor, to pay the costs of the Project including costs incidental to the issuance of the 1991 Bonds. After payment of all costs of the Project, or after adequate provisions therefor is made, any unexpended balance in the Construction Fund shall be deposited in the Bond Fund and applied to the payment of the principal of and interest on the 1991 Bonds. -29- • Section 14. Use of Monevs in Income Fund. - A. Income Fund. So long as any Bonds shall be Outstanding, either as to ' principal or interest, the Pledged Revenues shall, upon receipt by the Town, be deposited in a special and separate account, heretofore created and established by the 1989 Ordinance, known as the "'Town of Vail Income Fund." The following payments shall be made from the Income Fund: B. Bond Fund. First, there shall be credited from the Income Fund to a fund created by the 1989 Ordinance and known as the 'Town of Vail, Sales Tax Bond Fund" the following amounts: 1. Interest Payments. Monthly to the Bond Fund, commencing on the first day of the month immediately succeeding the delivery of any of the Bonds, or commencing on the first day of the month one year next prior to the first interest payment date of any of the Bonds, whichever commencement date is later, an amount in equal monthly installments necer>sary, together with any moneys therein and available therefor, to pay the interest due and payable on the Outstanding Bonds on the next succeeding interest payment date. 2. Principal Payments. Monthly to the Bond Fund, commencing on the first day of the month immediately succeeding the delivery of any of the Bonds, or commencing on the first day of the month one year next prior to the first principal payment date of any of the Bonds, whichever commencement date is later, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the principal and redemption premium, if any, due and payable on the Outstanding Bonds on the next succeeding principal payment date. 3. :Reduction of Payments. If prior to any interest payment date or principal payment date, there has been accumulated in the Bond Fund the entire amount necessary to pay the next maturing installment of interest or principal, or both, the payment required in subparagraph (l.) or (2) (whichever is applicable) of this paragraph, may be appropriately -30= reduced; but the required monthly amounts again shall be so credited to such account commencing on such interest payment date or principal payment date. The moneys in the Bond Fund shall be used only to pay the principal of, prior redemption premium if any, and interest on the Bonds as the same becomes due. C. Reserve Fund. Second, except as hereinafter provided, from any moneys remaining in the Income Fund there shall be credited monthly, to a separate account created by the 1989 Ordinance and known as the "Town of Vail Sales Tax Revenue Bonds Reserve Fund" an amount, if any, which is necessary to maintain the Reserve Fund as a continuing reserve in an amount not less than the Reserve Fund Requirement or to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy. In determining the amounts required to be deposited as provided above, the Town shall receive credit for any investment earnings on the deposits in the Reserve Fund. Investment earnings on deposits in the Reserve Fund shall remain in the Reserve Fund until the amount on deposit equals the Maximum Annual Debt Service Requirement. No credit need be made to the Reserve Fund so long as the moneys and/or a Bond Reserve Insurance Policy therein equal the Reserve Fund Requirement (regardless of the source of such accumulations). The Reserve Fund Requirement shall be accumulated and maintained as a continuing reserve to be used, except as hereinafter provided in subsections D, and F of this Section and Section 20 hereof, only to prevent deficiencies in the payment of the principal of and the interest on the Bonds resulting from the failure to credit to the Bond Fund sufficient funds to pay said principal and interest as the same accrue or to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy. The Reserve Fund Requirement shall be calculated upon (i) any principal payment, whether at stated maturity or upon redemption, (ii) the issuance of Additional Bonds, or (iii) the defeasance of all or a portion of the Bonds. In lieu of all or a portion of the moneys required to be deposited in the Reserve Fund by this Ordinance, the Town may at any time or from time to time deposit a -31- Bond Reserve Insurance Policy in the Reserve Fund in full or partial satisfaction of the Reserve Fund Requirement; provided that any such Bond Reserve Insurance Policy shall be payable on any d',ate on which moneys will be required to be withdrawn from the Reserve Fund as provided herein. Upon deposit of any Bond Reserve Insurance Policy in the Reserve Fund, the Town may transfer moneys equal to the amount payable under the Bond Reserve Insurance Policy ifrom the Reserve Fund and apply such moneys to any lawful purpose. If the covenant contained in Section 19.K. of this Ordinance does not permit the use of proceeds of any series of Bonds for a full funding of the Reserve Fund in the amount of the Reserve Fund Requirement, the maximum amount of proceeds of such series of Bonds which may be deposited to the Reserve Fund pursuant to Section 19.K. shall be deposited to the Reserve Fund upon the issuance of such series of Bonds, and Pledged Revenues shall be deposited to the Reserve Fund monthly so that not later than twelve calendar months after the date of issuance of such series of Bonds, the amount on deposit in the Reserve Fund shall equal the Reserve Fund Requirement. D. Termination Upon Deposits to Maturity or Redemption Date. No payment need be made into the Bond Fund, the Reserve Fund, or both, if the amount in the Bond Fund and the amount in the Reserve Fund total a sum at least equal to the entire amount of the Outstanding Bonds, both as to principal and interest to their respective maturities, or to any redemption date on which the Town shall have exercised its option to redeem the Bonds then Outstanding and thereafter maturing, including any prior redemption premiums then due, and both accrued and not accrued, in which case moneys in said two funds in an amount at least equal to such principal and interest requirements shall be used solely to pay such as the same accrue, and any moneys in excess thereof in said two funds may be withdrawn and used for any lawful purpose. E. Defravine Delinquencies in Bond and Reserve Funds. If on any required monthly payment elate the Town shall for any reason fail to pay into the Bond Fund the full amount above stipulated, then an amount shall be paid into the Bond Fund on such date -32- ' . from the Reserve Fund equal to the difference between the amount paid and the full amount so stipulated. The money so used shall be replaced in the Reserve Fund from the first Pledged Revenues received that are not required to be otherwise applied by this section, but excluding any payments required for any subordinate obligations; provided, however, that an amount equal to the amount withdrawn from the Reserve Fund shall be deposited by the Town in the Reserve Fund no later than twelve months from the date of such withdrawal. If at any time the Town shall for any reason fail to pay into the Reserve Fund the full amount above stipulated from the Pledged Revenues, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first Pledged Revenues thereafter received not required to be applied otherwise by this section, but excluding any payments required for any subordinate obligations. The moneys in the Bond Fund and in the Reserve Fund shall be used solely for the purpose of paying the principal and any redemption premium of and the interest on the Bonds and moneys in the Reserve Fund shall be used to pay the issuer of any Bond Reserve, Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy; provided, however, that any moneys at any time in excess of the Reserve Fund Requirement calculated with respect to the Bonds in the Reserve Fund may be withdrawn therefrom and used for any lawful purpose; and provided, further, that any moneys in the Bond Fund and in the Reserve Fund in excess of accrued and unaccrued principal and interest requirements to the respective maturities of the Outstanding Bonds may be used as provided in Paragraph D of this section. - Rebate Fund. °~~tire shall be deposited in a special account created by the 1989 Ordinance and knov~ ~ '~~wn of Vail Sales Tax Revenue Bonds Rebate Fund" amounts required by Sectioi: ~ Tax Code to be held until such time as any required rebate payment is made. the Rebate Fund shall be used for the purpose of making the payments to the Un:~~ rtes required by Section 148(f) of the Tax Code. Any amounts in excess of those required to be on deposit therein by Section 148(f) -33- of the Tax Code shall be withdrawn therefrom and deposited into the Income Fund. Funds _ in the Rebate Fund shall not be subject to the lien created by this Ordinance to the extent such amounts are required to be paid to .the United States Treasury. The Town may create separate accounts in the Rebate Fund in connection with the issuance of Additional Bonds. G. Payment for Subordinate Obiiations. After the payments required by Paragraphs B, C .and F of this section, the Pledged Revenues shall be used by the Town for the payment of interest on and principal of any subordinate lien obligations hereafter authorized to be issued and payable from the Pledged Revenues, including reasonable reserves therefor. H. Use of Remaining Revenues. After making the payments required to be made by this Section, any remaining Pledged Revenues may be used for any lawful purpose. Nothing in this Ordinance shall prevent the Town from withdrawing from the Income Fund amounts collected by the Town and subsequently determined, pursuant to the applicable Sales T'ax Ordinances, to be subject to valid claims for refunds. Section 15. General Administration of Funds. The funds designated in Sections 13 and 14 hereof shall be administered as follows subject to the limitations stated in Section 19.1{. hereof: A. Budget and Annronriation of Funds. The sums provided to make the payments specified in Section 14 hereof are hereby appropriated for said purposes, and said amounts for each year shall be included in the annual budget and the appropriation ordinance or measures to be adopted or passed by the Town Council in each year respectively while any of the 1991 Bonds, either as to principal or interest, are Outstanding and unpaid. No provision of any canstitution, statute, charter, ordinance, resolution or other order or measure enacted after the issuance of the 1991 Bonds shall in any manner be construed as limiting or impairing the obligation of the Town to keep and perform the covenants contained in this Ordinance so long as any of the 1991 Bonds remain Outstanding and unpaid. Nothing herein shall prohibit the Town Council, at its sole option, from appropriating and applying other -34- ti - funds of the Town legally available for such purpose to the Bond Fund or Reserve Fund for ~ the purpose of providing for the payment of the principal o~ interest on or any premiums due with respect to the 1991 Bonds. B. Places and Times of Deposits. Each of the special funds created in Section 14 hereof and the Construction Fund created in Section 13 hereof shall be maintained in a Commercial Bank as a book account kept separate and apart from all other accounts or funds of the Town as trust accounts solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such book accounts pertaining to the Pledged Revenues or to such funds and any other funds of the Town to be established under this Ordinance. Such book account shall be continuously secured to the fullest extent required by the laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by anyone for any purpose other than the respective designated purposes of such funds or accounts. Each periodic payment shall be credited to the proper book account not later than the date therefor herein designated, except that when any such date shall be a Saturday, a Sunday or a legal holiday, then such payment shall be made on or before the next preceding business day. C. Investment of Funds. Any moneys in the Construction Fund created pursuant to Section 13 hereof, and any moneys in any fund established by Section 14 of this Ordinance may be deposited, invested or reinvested in any manner permitted by law. Securities or obligations purchased as such an investment shall either be subject to redemption at any time at face value by the holder thereof at the option of such holder, or shall mature at such time or times as shall most nearly coincide with the expected need for moneys from the fund in question. Securities or obligations so purchased as an investment of moneys in any such fund shall be deemed at all times to be a part of the applicable fund. The Town shall present for redemption or sale on the prevailing market any securities or obligations so purchased as an investment of moneys in a given fund whenever it shall be necessary to do -35- so in order to provide moneys to meet any required payment or transfer from such fund. , ' The Town shall have no obligation to make any investment or reinvestment hereunder, unless any moneys on hand and accounted for in any one account exceed $5,000 and at least $5,000 therein will not be needed for a period of not less than sixty days. In such event the Town shall invest or reinvest not less than substantially all of the amount which will not be needed during such sixty day period, except for any moneys on deposit in an interest bearing account in a Commercial lBank, without regard to whether such moneys are evidenced by a certificate of deposit or otherwise, pursuant to this Section 15.B. and Section 15.C. hereof; but the Town is not required to invest, or so to invest in such a manner, any moneys accounted for hereunder if any such investment would contravene the covenant concerning arbitrage in Section 19.K. hereof. D. No Liability for Losses Incurred in Performing Terms of Ordinance. Neither the Town nor any officer of the Town shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Ordinance. E. Character of Funds. The moneys in any fund or account herein authorized shall consist of lavvful money of the United States or investments permitted by Section 15.C. hereof or both such money and such investments. Moneys deposited in a demand or time deposit account in or evidenced by a certificate of deposit of a Commercial Bank pursuant to Sections 15.B. and 15.C. hereof, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Section 16. Lien on Pledged Revenues. The 1991 Bonds constitute a pledge of, and an irrevocable lien (but not necessarily an exclusive lien) on all of the Pledged Revenues, on a parity with the lien of the 1989 Bonds. The 1991 Bonds are equitably and ratably secured by a lien on the Pledged Sales Tax, but the 1991 Bonds, in accordance with the requirements of the 1985 Ordinance, only constitute an irrevocable and second and subordinate lien (but not necessarily an exclusive second lien) upon the Pledged Sales Tax, such lien being second and subordinate to the lien of the Town's 1985 Bonds. In connection -36- V with the Pledged Sales Tax and as ~ required by the 1985 Ordinance, the Town shall fully ~ provide for the debt service, reserve account, and other requirements of the 1985 Bonds in any Fiscal Year and, only after such provision, may use excess Pledged Sales Taxes for the payment of the principal of and interest on the 1991 Bonds, by transferring such excess Pledged Sales Taxes to the Income Fund. The 1991 Bonds constitute an irrevocable and first lien (but not necessarily an exclusive first lien) upon the other Pledged Revenues except for the Pledged Sales Tax. Section 17. Additional Bonds. A. limitations Uoon Issuance of Additional Bonds. Nothing in this Ordinance shall be construed in such a manner as to prevent the issuance by the Town of additional bonds or other obligations,. payable from and constituting a lien upon the Pledged Revenues on a parity with the lien of the 1991 Bonds (the "Additional Bonds"). Such Additional Bonds may be payable solely from Pledged Revenues or they may be payable from Pledged Revenues and another revenue or fund of the Town ("Additional Pledged Revenues"). Regardless of whether payable solely from Pledged Revenues or from Pledged Revenues and Additional Pledged Revenues, before any such bonds or other obligations are authorized or actually issued the following condition shall be satisfied: for the Fiscal Year immediately preceding the issuance of any Additional Bonds, the amount of Pledged Revenues in such Fiscal Year must equal or exceed 130% of the Maximum Annual Debt Service Requirement on the Bonds (including the Additional Bonds proposed to be issued) plus the outstanding 1985 Bonds. For the purpose of satisfying the aforementioned 130% test, any tax, now existing or hereafter imposed, which legally becomes a part of the Pledged Revenues during the Fiscal Year preceding the issuance of Additional Bonds, or any tax which is to legally become a part of the Pledged Revenues immediately prior to the issuance of Additional Bonds, or any increase in the rate of any tax which is a part of the Pledged Revenues which increase is imposed during the Fiscal Year preceding the issuance of Additional Bonds or any such increase which is to be imposed immediately prior to the issuance of Additional Bonds -37- I can be considered for its estimated effect on the amount of the Pledged Revenues as if such e tax or increase had been in effect for the Fiscal Year immediately preceding the issuance of such Additional Bonds. Any tax which is no longer in effect at the time of issuance of the Additional Bonds shall not be considered for purposes of satisfying the 130% test. Any Pledged Revenue which is not a tax shall be considered similarly for purposes of satisfying the 130% test. If tlhe ordinance authorizing a series of Additional Bonds will pledge Additional Pledged Revenues to the Bonds, the estimated effect of the amount of such Additional Pledged Revenues may be considered as if.such revenues had been received for the last Fiscal Year immediately preceding the issuance of such Additional Bonds. B. Certificate of Revenues. A written certification by a certified public . accountant who i:> not an employee of the Town that the requirements of paragraph A of this section have been met shall be conclusively presumed to be accurate in determining the right of the Town to authorize, issue, sell and deliver said Additional Bonds on a parity with the 1991 Bonds herein authorized. C. Subordinate Obiiations Permitted. Nothing in this Ordinance shall be construed in such a manner as to prevent the issuance by the Town of additional obligations payable from and constituting a lien upon the Pledged Revenues subordinate or junior to the lien of the 1991 Bonds. D. Superior Obliations Prohibited. Nothing in this Ordinance shall be ' construed so as to permit the Town to hereafter issue obligations payable from the Pledged Revenues having a lien thereon prior or superior to the 1991 Bonds. Section 18. Refundine Oblieations. A. Generally. If at any time after the 1991 Bonds, or any part thereof, shall have been issued and remain Outstanding, the Town shall find it desirable to refund any Outstanding obligations payable from the Pledged Revenues, said obligations, or any part thereof, may be refunded, subject to the provisions of Paragraph B of this Section, if (1) the -38- k obligations to be refunded, at the time of their required surrender for payment, shall then ~ mature or shall then be callable for prior redemption at the Town's option upon proper call, or (2) the owners of the obligations to be refunded and Bond Insurer, if Bond Insurer insured such obligations, consent to such surrender and payment. B. Protection of Obligations Not Refunded. Any refunding obligations payable from the Pledged Revenues shall be issued with such details as the Town Council may provide, so long as there is no impairment of any contractual obligation imposed upon the Town by any proceedings authorizing the issuance of any unrefunded portion of obligations payable from the Pledged Revenues; but so long as any 1991 Bonds are Outstanding, refunding obligations payable from the Pledged Revenues may be issued on a parity with the unrefunded Bonds only if: (1) Prior Consent. The Town 5rst receives the consent of the owner or owners of the unrefunded Bonds and Bond Insurer, if Bond Insurer insured such obligations; or (2) Requirements Not Increased. The refunding obligations do not increase by more than $25,000, for any Fiscal Year prior to and including the last maturity date of any unrefunded Bonds, the aggregate principal and interest requirements evidenced by such refunding obligations and by any Outstanding Bonds not refunded, and the lien of any refunding parity obligations on the Pledged Revenues is not raised to a higher priority than the lien thereon of any obligations thereby refunded; or (3) Earnines Test. The refunding obligations are issued in compliance with paragraphs A and B of Section 1? hereof. Section 19. Protective Covenants. The Town hereby additionally covenants and agrees with each and every owner of the 1991 Bonds that: A. Use of 1991 Bond Proceeds. The Town will proceed with the construction of the Project without delay and .with due diligence. -39- B. Payment of 1991 Bonds. The Town will promptly pay the principal of and _ interest on; every 1991 Bond issued hereunder and secured hereby on the dates and in the manner specified herein and in said 1991 Bonds according to the true intent and meaning hereof. Such principal and interest is payable solely from the Pledged Revenues. C. Amendment of Certain Ordinances: Duty to Impose Sales Tax: Impairment of Contract. The Sales Tax Ordinances are in full force and effect and have not been repealed or amended. The Town will not repeal or amend said Sales Tax Ordinances in any manner which would diminish the proceeds of the Sales Tax by an amount which would materially adversely affect the rights of the owners of the Bonds. The Town agrees that any law, ordinance or resolution of the Town, in any manner affecting the Pledged Revenues or the Bonds, or otherwise appertaining thereto, shall not be repealed or otherwise directly or indirectly modified in such manner as to materially .adversely affect any Bonds Outstanding, unless the required consent is obtained, all as provided in Section 28 of this Ordinance. Notwithstanding any other provision of this Section or this Ordinance, the Town shall retain the right to make changes, without any consent of Bond owners or the Bond Insurer, in the Sales Tax Ordinances, or any ordinance supplemental thereto or in substitution therefor, concerning the use of proceeds of the Pledged Sales Tax remaining after the current requirements of all ordinances authorizing bonds or other securities payable from the Pledged Sales Tax, or any portion thereof, have been met; or concerning changes in applicability, exemptions, administration, collection or enforcement of the Sales Tax, if such changes do not materially adversely affect the security for the Bonds; but the Town shall not reduce the present rates of the Pledged Sales Tax, without the consent of the owners of sixty-six percent (66%) in aggregate principal amount of the then Outstanding 1991 Bonds or Bond Insurer (whichever is appropriate), as provided in Section 28 of this Ordinance. The foregoing covenants are subject to compliance by the Town with orders of courts of competent jurisdiction concerning the validity, constitutionality or collection of such tax. revenues, any legislation of the United States or the State or any regulation or other -40- ,t ' ~ _ action taken by the federal government or any State agency or any political subdivision of the State pursuant to such legislation, in the exercise of the police power thereof for the public welfare, which legislation, regulation or action applies to the Town as a Colorado home rule city and limits or otherwise inhibits the amount of such tax revenues due to the Town. All of the Pledged Revenues resulting from the imposition and collection of the Sales Tax shall be subject to the payment of the principal of, interest on, and redemption premium, if any, of all securities payable from the Pledged Revenues, including reserves therefor, as provided herein or in any instrument supplemental or amendatory hereof. D. Defense of Legality of Pledged Revenues. There is not pending or threatened any suit, action or proceeding against or affecting the Town before or by any court, arbitrator, administrative agency or other governmental authority which affects the validity or legality of this Ordinance, or the Sales Tax Ordinances or the imposition and collection of the Sales Tax, any of the Town's obligations under this Ordinance or any of the transactions contemplated by this Ordinance or the Sales Tax Ordinances. The Town shall, to the extent permitted by law, defend the validity and legality of this Ordinance, the Sales Tax and the Sales Tax Ordinances against all claims, suits and proceedings which would diminish or impair the Pledged Revenues. Furthermore, the Town shall amend from time to time the provisions of any ordinance or resolution of the Town, as necessary to prevent impairment of the Pledged Revenues as required to meet the principal of, interest on, and prior redemption premium, if any, of the 1991 Bonds when due. E. Further Assurances. At any and all times the Town shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Pledged Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the Town may hereafter become bound to pledge or to assign, or as may be reasonable and required to -41- " carry out the purposes of this Ordinance. The Town, acting by and through its officers, or _ otherwise, shall a1: all times, to the extent pernutted by law, defend, preserve and protect the pledge of said Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every owner of any of the 1991 Bonds against all claims and demands of all Persons whomsoever. F. Conditions Precedent. Upon the issuance of any of the 1991 Bonds, all conditions, acts and things required by the Constitution or laws of the United States, the Constitution or laws of the State, the Charter or this Ordinance, to exist, to have happened, and to have been performed precedent to or in the issuance of the 1991 Bonds shall exist, have happened and have been performed, and the 1991 Bonds, together with all other obligations of the Town, shall not contravene any debt or other limitation prescribed by the Constitution or laws of the United States, the Constitution or laws of the State or the Charter. G. Records. So long as any of the 1991 Bonds remain Outstanding, proper books of record a.nd account will be kept by the Town, separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the Pledged Revenues and the funds created or continued by this Ordinance. H. Audits. The Town further agrees that it will, within 140 days following the close of each fiscal. year, cause an audit of such books and accounts to be made by a certified public accountant;, who is not an employee of the Town, showing the revenues and expenditures of the Pledged Revenues. The Town agrees to allow the owner of any of the 1991 Bonds to review and copy such audits and reports, at the Town's offices, at his request. Copies of such audits and reports will be furnished to Bond Insurer and the Purchaser. . I. )!'erforminE Duties. The Town will faithfully and punctually perform all duties with respect: to the Pledged Revenues required by the Charter and the Constitution and laws of the State and the ordinances and resolutions of the Town, including but not -42- • , limited to the proper collection and enforcement of the Sales Taxes and the segregation of ~ the Pledged Revenues and their application to the respective funds herein designated. J. Other Liens. As of the date of issuance of the 1991 Bonds, other than the 1985 Bonds and the 1989 Bonds, there are no liens or encumbrances of any nature whatsoever on or against any of the Pledged Revenues. K. Tax Covenant. The Town covenants for the benefit of the Registered Owners of the 1991 Bonds that it will not take any action or omit to take any action with respect to the 1991 Bonds, the proceeds thereoiy any other funds of the Town or any facilities financed with the proceeds of the 1991 Bonds if such action or omission (i) would cause the interest on the 1991 Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the 1991 Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in adjusted current earnings adjustment applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income, or (iii) would cause interest on the 1991 Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the 1991. Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado law have been met. For the purposes of Section 265(b)(3)(B) of the Tax Code, the Town hereby designates the 1991 Bonds as qualified tax- exempt obligations. L Town's 1?~dstence. The Town will maintain its corporate identity and existence so long as any of the 1991 Bonds remain Outstanding, unless another political subdivision by operation of law succeeds to the duties, privileges, powers, liabilities, disabilities, immunities and rights of the Town and is obligated by law to receive and distribute the -43- Pledged Revenue:. in place of the Town, without materially adversely affecting the privileges and rights of any owner of any Outstanding 1991 Bonds. 8 M. Performance of Duties. The Town will faithfully and punctually perform or cause to be pt~rformed all duties with respect to the Gross Revenues and the Parking Facilities required by the laws of the State and the resolutions of the Town, including without limitation filing and collecting reasonable and sufficient charges for services rendered or furnished by the Parking Facilities as herein provided, and the proper segregation of the Gross Revenues as set forth in Section 14 hereof and their application to the respective funds as herein provided. N. Fees. Rates and Charges. So long as the 1991 Bonds authorized herein remain Outstanding, the Town will cause to be established, imposed and maintained such reasonable fees, rates and other charges for the use or otherwise in respect of the Parking Facilities as will provide in each Fiscal Year sufficient Gross Revenues which together with other Pledged Revenues shall be sufficient: (i) To pay the General Operating Expenses; and (ii) to pay the annual requirements of principal of, premium, if any, and interest on the Outstanding Bonds, including any required credit to the Reserve Fund and the Rebate Fund. Such fees, rates and charges shall be reasonable and just, taking into account the cost and value of the Parking Facilities and the costs of operating and maintaining them, and the amounts necessary for the retirement of all bonds and any other obligations payable from the gross revenues, aGCrued interest thereon and any reserves therefor. O. Prompt Collections. The Town will cause the Gross Revenues to be collected promptly and accounted for in the funds as herein provided. P. lvlaintenance of Parkine Facilities. The Town will at all times maintain the Parking Facilities in good repair, -working order and condition, will continually administer and -44 c operate the Parking Facilities, and from time to time will make all needful and proper repairs, renewals and replacements of the Parking Facilities. Q. Disposal of Property Prohibited. Except for any lease or other right of use for proper rentals or other consideration, the Town will not sell, mortgage, pledge or otherwise encumber, or in any manner dispose of; or otherwise alienate, the Parking Facilities or any part thereof, until all 1991 Bonds shall have been paid in full, both principal and interest, or unless provision has been made therefor, except as provided in Section 19.R. hereof. R. Disposal of Unnecessary Property. The Town may sell, destroy, abandon, otherwise dispose of, or alter at any time any property comprising a part of the Parking Facilities which shall have been replaced by other property of at least equal value, or which shall cease to be necessary for the efficient operation of the Parking Facilities, or which will not materially adversely affect the owners of the 1991 Bonds. A written determination by the Town that the Gross Revenues will be sufficient to meet the requirements of this Section 19.R, shall be conclusively determined to be accurate; provided, however, that in the event of any sale or other compensated disposition as aforesaid, the proceeds received on such disposition shall be credited to the Bond Fund. S. Fire and Extended Coveraee Insurance. The Town shall acquire and maintain, or cause to be acquired and maintained, fire and extended coverage insurance on the Parking Facilities in amounts at least sufficient to provide for not less than full recovery whenever the loss from perils insured against does not exceed ninety (90%} of the full insurable value of the Parking Facilities. The Town, at its election, may provide for such fire and extended coverage insurance on the Parking Facilities partially or wholly by means of a self-insurance fund as provided by applicable law, in compliance with the requirements hereof. Any such self-insurance shall be deemed to be insurance coverage hereunder. T. Other Insurance. The Town shall purchase and maintain in connection with, but not necessarily limited to, the Parking Facilities public liability insurance and -45- " workmen's compensation insurance in such amounts and to such extent as may be required • W 4 under the laws oi' the State or, in the absence of any State requirement, in an amount not less than the limitations provided in the Colorado Governmental Immunity Act (Article 10, Title 24 of the Colorado Revised Statutes, as amended). The Town, at its election, may provide for the insurance specified in this Section 19.T partially or wholly by means of a self- insurance fund as provided by applicable law. Any such self-insurance shall be deemed to be insurance coverage hereunder. The proceeds of fire and extended coverage insurance covering the Parking Facilities, at the option of the Town, shall (i) be used forthwith for the purpose of repairing the property destroyed, provided that any insurance proceeds remaining upon the completion of such repair or replacement shall be deposited in the Bond Fund or (ii) be deposited forthwith to the Bond Fund. U. Suretv Bonds. Each official of the Town having custody of the Pledged Revenues, or responsible for their handling, shall be fully bonded at all times, which bond shall be conditioned upon the proper application of such money. V. Preiudicial Contracts and Action Prohibited. No contract will be entered into, nor will any action be taken, by the Town by which the rights and privileges of any Owner are impaired or diminished. Section 20. Defeasance. When the 1991 Bonds have been fully paid both as to principal and interest, all obligations hereunder shall be discharged, and the 1991 Bonds shall no longer bye deemed to be Outstanding for any purpose of this Ordinance, except as set forth in Section 19.K. hereof. Payment of any 1991 Bonds shall be deemed made when the Town has placed in escrow with a Trust Bank an amount sufficient (including the known minimum yield from Governmental Obligations) to meet all requirements of principal, interest, and any prior redemption premiums on such 1991 Bonds as the same become due to maturity or a designated prior redemption date; and, if 1991 Bonds are to be redeemed prior to maturity pursuant to Section 7A hereof, when the Town has given to the Registrar irrevocable written instructions to give notice of prior redemption in accordance with -4b- ' Section 7D hereof. =The Governmental Obligations shall become due prior to the respective y times on which the proceeds thereof shall be needed, in accordance with a schedule agreed upon between the Town and such Trust Bank at the time of creation of the escrow and shall not be callable prior to their scheduled maturities by the issuer thereof. In the event that there is a defeasance of only part of the 1991 Bonds of any maturity, the Registrar shall, if requested by the Town, institute a system to preserve the identity of the individual 1991 Bonds or portions thereof so defeased, regardless of changes in bond numbers attributable to transfers and exchanges of 1991 Bonds; and the Registrar shall be entitled to reasonable compensation and reimbursement of expenses from the Town in connection with such system. Section 21. Deleeated Powers. The officers of the Town be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including, without limiting .the generality of the foregoing, the printing of the 1991 Bonds with the opinion of bond counsel thereon, the procuring of bond insurance entering into and executing appropriate agreements with the Registrar and Paying Agent as to its services hereunder, and the execution of such certificates as may be required by the Purchaser, including, but not necessarily limited to, the absence and existence of factors affecting the exclusion of interest on the 1991 Bonds from gross income for federal income tax purposes. The form, terms and provisions of the Purchase Contract and Registrar Agreement hereby are approved, and the Town shall enter into and perform its obligations under the Purchase Contract and Registrar Agreement in substantially the forms of such documents presented to the Town Council at this meeting, with only such changes therein as are required by the circumstances and are not inconsistent herewith; and the Mayor and Town Clerk are hereby authorized and directed to execute and deliver the Purchase Contract and Registrar Agreement as required hereby. -47- ' Section 22. Events of Default. Each of the following events is hereby declared - an "event of default:" a A. Nonpayment of Principal. If payment of the principal of any of the 1991 Bonds in connection therewith, shall not be made when the same shall become due and payable at maturity; or by proceedings for prior redemption; or B. Nlonpavment of Interest. If payment of any installment of interest on the 1991 Bonds shall n.ot be made when the same becomes due and payable; or C. Incapable to Perform. If the Town shall for any reason be rendered incapable of fulfilling its obligations hereunder; or D. Default of any Provision. If the Town shall default in the due and punctual performance of its covenants or conditions, agreements and provisions contained in the 1991 Bonds or in this Ordinance on its part to be performed, other than those delineated in Paragraphs A and B of this section, and if such default shall continue for sixty days after written notice specifying such default and requiring the same to be remedied shall have been given to the Town by the Bond Insurer so long as it is not in default of its payment obligations under the Bond Insurance Policy or, during such default by the Bond Insurer, by the owners of twenty-five percent (25%) in aggregate principal amount of the 1991 Bonds then Outstanding. Section 23. Remedies. Upon the happening and continuance of any event of default as provided in Section 22 hereof, the Bond Insurer or owner or owners of not less than 25% in principal amount of the Outstanding Bonds, or a trustee therefor, may protect and enforce their rights hereunder by proper legal or equitable remedy deemed most effectual including mandamus, specific performance of any covenants, the appointment of a receiver (the consent of such appointment being hereby granted), injunctive relief, or requiring the Town Council to ac;t as if it were the trustee of an express trust, or any combination of such remedies. Notwithstanding the foregoing, so long as the Bond Insurer is not in default in its payment obligations under the Bond Insurance Policy or the Bond Reserve Insurance Policy, -48- ' v = the Bond Insurer shall direct the enforcement of any remedy hereunder without the consent ~ of the owners of the Bonds. All proceedings shall be maintained for the benefit of the Bond Insurer so long as it is not in default in its payment obligations under the Bond Insurance Policy or the Bond Reserve Insurance Policy, and, during such default by the Band Insurer, thereafter for the equal benefit. of all owners. The failure of the Bond Insurer or any owner to proceed does not relieve the Town or any person of any liability for failure to perform any duty hereunder. The foregoing rights are in addition to any other right available to the Bond Insurer or owners of Bonds and the exercise of any right by any owner shall not be deemed a waiver of any other right. Section 24. Duties Uoon Default. Upon the happening of any of the events of default as provided in Section 22 of this Ordinance, the Town, in addition, will do and perform all proper acts on behalf of and for the owners of the 1991 Bonds to protect and preserve the security created for the payment of the 1991 Bonds and to insure the payment of the principal of and interest on said 1991 Bonds promptly as the same become due. Proceeds derived from the Pledged Revenues, so long as any of the 1991 Bonds herein authorized, either as to principal or interest, are Outstanding and unpaid, shall be paid into the Bond Fund and the Reserve Fund, pursuant to the terms hereof and to the extent provided herein, and used for the purposes herein provided. In the event the Town fails or refuses to proceed as in this section provided, the Bond Insurer so long as it is not in default of its payment obligations under the Bond Insurance Policy or, during such a default by the Bond Insurer, the owner or owners of not less than twenty-five percent (25%) in aggregate principal amount of the 1991 Bonds then Outstanding, after demand in writing, may proceed to protect and enforce the rights of such owners as hereinabove provided. Section 25. Replacement of Registrar or Pavin¢ Agent. If the Registrar or Paying Agent initially appointed hereunder shall resign, or if the Town shall reasonably determine that said Registrar or Paying Agent has become incapable of performing its duties hereunder, the Town may, upon notice mailed to Bond Insurer and each owner of any 1991 -49- r ' Bond at his address last shown on the registration records, appoint a successor Registrar or ` r Paying Agent, or Moth. No resignation or dismissal of the Registrar or Paying Agent may take effect until a successor is appointed. Every such successor Registrar or Paying Agent shall be a bank or trust company having a shareowners' equity capital, surplus, and undivided profits), however denominated, of not less than 510,000,000. It shall not be required that the same institution serve as both Registrar and Paying Agent hereunder, but the Town shall have the right to have the same institution serve as both Registrar and Paying Agent hereunder. Section 26. Severability. If any one or more sections, sentences, clauses or parts of this Ordinance shall for any reason be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, but shall be confined in its _ operation to the specific sections, sentences, clauses or parts of this Ordinance so held unconstitutional or invalid, and the inapplicability and .invalidity of any section, sentence, clause or part of thhis Ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Ordinance in any other instances. Section 27. Repealer. 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. Section 28. Amendment. A. 'The Town may, without the consent of, or notice to the owners of the 1991 Bands or Bond Insurer, adopt such ordinances supplemental hereto (which supplemental amendments shall thereafter form a part hereof) for any one or more or all of the following purposes: 1. ']['o cure any ambiguity, or to cure, correct or supplement any defect or inconsistent provision contained iq this Ordinance, or~ to make any provisions with respect to matters arising under this Ordinance or for any other purpose if such provisions are necessary -sa ' or desirable and do -not adversely affect the interests of the owners of the 1991 Bonds or Bond Insurer; or 2. To subject to this Ordinance additional revenues, properties or collateral. B. Exclusive of the amendatory ordinances permitted by Paragraph A of this Section, this Ordinance may be amended or supplemented by ordinance adopted by the Town Council in accordance with the law, without receipt by the Town of any additional consideration but with the written consent of Bond Insurer, unless Bond Insurer is in default under the terms of the Bond Insurance Policy, in which case this Ordinance may be amended or supplemented with the written consent of the owners of sixty-six percent (66%) in aggregate principal amount of the 1991 Bonds Outstanding at the time of the adoption of such amendatory or supplemental ordinance; provided, however, that, without the written consent of Bond Insurer and the owners of all of the 1991 Bonds adversely affected thereby, no such Ordinance shall have the effect of permitting: . 1. An extension of the maturity of any 1991 Bond authorized by this Ordinance; or 2. A reduction in the principal amount of any 1991 Bond, the rate of interest thereon, or the prior redemption premium thereon; or 3. The creation of a lien upon or pledge of Pledged Revenues ranking prior to the lien or pledge created by this Ordinance; or 4. A reduction of the principal amount of 1991 Bonds required for consent to such amendatory or supplemental ordinance; or 5. The establishment of priorities as between 1991 Bonds issued and Outstanding under the provisions of this Ordinance; or 6. The modification of or otherwise affecting the rights of the owners of less than all of the 1991 Bonds then Outstanding. -51- i t i a ' Copiies of any waiver, modification or amendment to this Ordinance shall be delivered to Standard & Poor's Corporation, or any other entity then maintaining a rating on ~ the 1991 Bonds. ' Sectiion 29. Notice to Bond Insurer. Any notice herein required to be given to Bond Insurer shall be in writing and sent by registered or certified mail to Bond Insurer, Municipal Bond Imrestors Assurance Corporation, 113 King Street, Armonk, New York 10504 or to such other address that Bond Insurer shall notify the Town of in writing. Sectiion 30. Ordinance Irrepealable. After any of the 1991 Bonds herein authorized are issuied, this Ordinance shall constitute a contract between the Town and the owners of the 1991 Bonds, and shall be and remain irrepealable until the 1991 Bonds and interest thereon shall be fully paid, cancelled and discharged as herein provided. Section 31. Disposition of Ordinance. This Ordinance, as adopted by the Council, shall be numbered and recorded by the Town .Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 32. Effective Date. This ordinance shall be in full force and effect five days after its publication upon final passage as provided in Section 4.9 of the Charter. -52- ' ' ~ INTRODUCED, READ AND SET FOR PUBLIC HEARING THIS day ~ of , 1991. ADOPTED AND APPROVED THIS day of , 1991. Mayor Town of Vail, Colorado (SEAL) Attest: Town Clerk Town of Vail, Colorado -53- a ORDINANCE NO. SERIES OF 1991 AN ORDINANCE AMENDING ORDINANCE NO. 29, SERIES OF 1989, RELATING TO THE TOWN OF VAIL, COLORADO SALES TAX REVENUE BONDS, SERIES 1989. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Definitions. Terms used in this Ordinance shall have the meanings specified in Ordinance No. 29, Series of 1989 (the "1989 Ordinance"), except where the context by clear implication otherwise requires. Section 2. Recitals. A. The Town is a municipal corporation duly organized and existing under the Town's Charter adopted pursuant to Article ~X of the Constitution of the State of Colorado. B. Pursuant to the 1989 Ordinance, the Town has heretofore issued its 1989 Bonds. C. Pursuant to the 1989 Ordinance, the Town is authorized to issue Additional Bonds if certain requirements set forth in the 1989 Ordinance are met. D. The Town desires to issue its Sales Tax Revenue Bonds, Series 1991 (the "1991 Bonds") in the principal amount of $2,525,000 for various municipal purposes but is unable to meet the limitations set forth in Section 17A of the 1989 Bond Ordinance for the issuance of Additional Bonds. E. Pursuant to Section 28B of the 1989 Ordinance, the Town may amend the 1989 Ordinance with the written consent of the Bond Insurer and without the written consent of the owners of the Outstanding 1989 Bonds so long as the Bond Insurer is not in default under the terms of the Bond Insurance Policy. F. The Town. desires to amend Section 17A of the 1989 Ordinance to permit the 1991 Bonds to be issued as Additional Bonds pursuant to the 1989 Ordinance and the Bond Insurer, which is not in default under the Bond Insurance Policy, has given its written consent to such amendments. 3. Amendment of Section 17A of the 1989 Ordinance. The following sentence is added to Section 17A: For the purposes of this section, the debt service on the Series 1985 Bonds maturing on and after December 1, 1996, need not z be taken into account in calculating the Maximum Annual Debt Service Requirement so long as at the time of calculation, the Town is not in default of its obligation to make deposits pursuant to Section 4 of Ordinance No. 30, Series of 1989 ("Ordinance No. 30") and so long as the Town is at the time of calculation obligated to exercise its option to redeem the Series 1985 Bonds pursuant to Section 5 of Ordinance No. 30. Section 4. Deleeated Powers. The officers of the Town be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 5. Severabilitv. If any one or more sections, sentences, clauses or parts of this Ordinance shall for any reason be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Ordinance so held unconstitutional or invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this Ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Ordinance in any other instances. Section 6. Repealer. 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. Section 7. Disposition of Ordinance. This Ordinance, as adopted by the Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, and Town Clerk, and by the certificate of publication. Section 8. Effective Date. This ordinance shall be in full force and effect upon the later of five days after its publication upon final passage as provided in Section 4.9 of the Charter or receipt of written consent to the amendment to the 1989 Ordinance from the Bond Insurer. INTRODUCED, READ AND SET FOR PUBLIC HEARING THIS day of , 1991. -2- ADOr i ~D AND APPROVED THIS . day of 1991. Mayor Town of Vail, Colorado (SEAL) Attest: Town Clerk Town of Vail, Colorado -3- V RESOLUTION NO. 21 SERIES 1991 A RESOLUTION SETTING A FEE IN LIEU OF THE DEDICATION OF LAND FOR SCHOOL SITES AS PROVIDED FOR IN ORDINANCE NO. 1, SERIES 1991 WHEREAS, Ordinance No. 1, Series 1991 provides for the dedication of land for school sites or a fee in lieu thereof; and, WHEREAS, Ordinance No. 1, Series of 1991 further provides that the Town Council set the amount of the fee in lieu on an annual basis; NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The amount of the fee in lieu of the dedication of land for school sites as required by Ordinance No. 1, Series of 1991 shall be $ for the year 1991. 2. This resolution shall take effect immediately upon passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. Kent R. Rose, Mayar ATTEST: ' Pamela A. Brandmeyer, Town Clerk C:\RESOLU.21 D A N D A I L E Y 2 N O R T H R O A D KENSINGTON, NH 03833 TE~:603-778-2303 FA X:603-778- 1 33 1 PROJECT CONCEPT Project Concept Description: I intend to soften the present environment of the stairs by adding objects of a different scale with more personal appeal. I find that people like to be entertained andmy intent is to create images that entertain. My proposal is to create a mural on the main curved cement wall which is central to the stairway complex at the Vail Transportation Center. This mural would be scenic and the subject matter of the scene is not yet determined. The reason that I am not at this time making a committment to a particular design on the mural is because I would like to develop this single aspect of the design through a process of review and discussion with a committee of representatives from the Town of Vail. I have used this process successfully on several projects and I find that the collaborative effort stimulates an involvement and heightens my own ability to create something which has a true meaning to people who will see the piece most often. I wilt be making numerous suggestions through drawings for subjects of this mural and we would arrange critiques at a regular schedule in order to arrive at the final image. The image will work on two levels; there vrill be a larger image that can be seen from long distance (30-500 feet) and a number of smaller images that can e seen when standing directly in front of them 4-5 feet away. Once the image is determined I will use single blocks repeated from blocks used in the main composition as inserts in seven places which I have chosen imbedded in walls within the stairway area. These blocks would be backlit and they would provide a link from the individual block to an entire image. A person having seen the main image may find pieces of it in other locations on the stairs or a person may find the smaller image and locate it within the larger image if they choose to do so. The idea of this repetition is to create a kind of game which involves the viewer who takes the time to locate these repeated elements. The final part of my concept for this project is to relocate and redesign the street lamps. I believe that the street lamps as they are now located are rather confusing to he overall scene. I am proposing to remove 5 street lamps and relocate 5 others; leaving a total of 10 lamps. This will create essentially three parallel rows of lamps, less in number and of my own design. The design I propose for the street lamps involves very simple metal work and it would be a design that I feel relates to the nature of the area. R Dan Dailey Project Concept Page 2 Proposal for Vail Transportation Center 4 Cost Estimates: My cost estimate for this project is based on the proposed budget for the entire project of $60,000. I am sure, from past experience,' that $60,000 would be a modest budget for this proposal. I feel that the added details of the inserted mural blocks in walls and the changes to the lighting over-all will greatly enhance the quality of the space which is the basis of my concept. Therefore, I am investigating ways to work with Town labor and incurring minimal costs for such things as changes to the lighting and labor to be performed for the installation. I believe that it may be possible to lower some of the costs that. I normally incur on a project like this because it is apparent that 1 will not have to work with Union Labor at major metropolitan prices. Insurance Costs: Insurance costs for the items I am proposing would be minimal because the objects are to be built into the architecture. There is no free-standing object to be knocked over or destroyed. The cast glass mural is comprised of multiple glass blocks. These blocks could be, if necessary, individually replaced. I propose that the Town take no special insurance for my mural or the blocks because the premium costs would be higher than the replacement cost should it ever become necessary to replace a part of the whole piece. Maintenance Program: Maintenance on these objects I am proposing would consist of replacing light bulbs and annual cleaning of the glass surfaces with a mild soap solution and a soft scrub brush. The materials are very durable and weatherproof and should incur no adverse effect from the weather. The bronze surfaces of the mural frame and the lamps I am proposing require periodic scrubbing also. However, the patina which I suggest is a natural surface that occurs with oxidation of•the metal. It should look good at all times with minimal maintenance. Public Safe-ry & Snow Removal: Regarding public safety, there will be no negative impact on public safety from the objects I propose. There will <31so be no interference with the Town's snow removal or maintenance with the proposal I'm making. - Dan Dailey Project Concept Page 3 The ideal relationship of the public to my piece would be a person's positive response to the image of the mural and the process of discovery within the blocks that are imbedded in the walls. I intend the lighting to work during the day as well as at night and the subtle color used in the glass will allow the lighting to be effective at all times. Answers to the six points mentioned in "Project Criteria" from the original "Call to Artists" proposal: Quality and Innovation--I believe that I can create a piece which will have the same level of quality of any previous object that I have made. Craftsmanship, materials and quality have long been one of my main concerns. Timelessness--My response to this project comes from a feeling which I have gotten from walking around the space. I do not consider my work to be responsive to any trends in art. What I have proposed relates directly to all of my work as an artist. Compatibility With Site--The materials and the scale of works which I have proposed would be in keeping with those already used in the site. I feel the forms and the size of my proposed works are compatible with the proposed surroundings. Permanence--The materials used to create the proposed pieces would be cast glass, bronze and brass. The cast glass blocks are quite heavy and durable. They are not exceptionally fragile and they do not invite the kind of handling which could damage them. The materials are highly resistant to weathering and would require minimal maintenance. Public Safety--No adverse effect on public safety should be incurred by the works that I have proposed for the project. Community Involvement--The Town's concern for community involvement is an interest of my own and it fits well into the plan which I have proposed. I would set up a review group who would work closely with me to look at and discuss drawings which I would present in order to arrive at the exact image of the mural. D A N D A I L E Y 2 N O R T H R O A D KENSINGTON, NH 03833 TEL:603-778-2303 FA X:603.778- 1 33 1 6. General Descriptions: The Mural. Comprised of 56 cast glass blocks, laid up wiYb Silicon adhesive on a stainless steel frame structure. Poured concrete base, metal sided and top. The sides hinged to open for bulb access. A single track with seven lamps,. Removable is mounted on the concrete base, with lights illuminating the wall behind the mural. Lighting controlled and timed sequence with street lighting. The Imbedded Blocks. Seven mural blocks, repeat castings, set into square openings 14" x 14" x 6" deep sandblasted into the poured concrete w_aI.IS. Single lamp mounted behind the glass casting hinged metal frame allows the block to swing out to change the lightbulb. The Street Lamps Using the existing poles, and removing the lantern fixtures from the top. The replacement is a fabricated bronze open box with an outdoor lamp bulb and glass cover. Decorative cast bronze tree tops are screwed in place J V L- - .7 17 - 7 1 . V G i v .1. L A i 1... G ¦ Y't Yl v V V • • v a v v i • . DAN DAILEY 2 NORTkI ROAD R~N~INGrTON,1~T.H. 08888 '!i'el. s08-778-5808 Fax: 608.778-issl EDUCATION 1969 BFA, Philadelphia College of Art 1972 MFA, Rhode Island School of Design r'nOFF.SSIOI~AL, ,~,Ax~'r~n,~,~a+~CE 19119-current Faculty. Qlass 1'rogn~n, 1990-Current Advisory Board. The Renwick Massachuset~ Coltcgc of Ari Atltance, thCUttivt:rsity ur wa arts, 197~t-t9xv I~cad of Glass 1?rugraln, Smithsonian Insdtutc. wa~hin8[On Massachusetts College of Art 1984.1485 Designer, l~nton An Glass Cu. 14y6-t-urrent Iride~endent Attist/Dcs~gncr, Cristal- 19841985 DCSl~+nCr, $tCUben Glass, Ncw Yotk liarie Uaum,1?aris and Nancy, Fiance 1984 Designer. Yleronan Miller f-~~ . 1979- l9Rx AdviSOr, NCw Y0~ Sxparirnental zeelattd, IuII. Glass workshop, N.Y. 191982 President, Glass Art sac;ic~y 19R:t•n~rrcnt Board of Trttstacs, HaystackMoue- 1978-19$t Bird OfDli~0CL0iS. G1a_:.ti Art 5ncioty fain School of Craps, Dees Isle, Maine Taught at Lansdown Friends Sohool tut 1'hiladelphiu; 19ttR~Urr~•rtt National Advisory Boatd~ The Philadelphia Pubtia Schools; Rhode Island Schtx~l ~~f Design; University of rho Arts, Philadelphia Sondteastertt Massachusetts University; Mas.~achuac~G~ Institute of Technology, Iiayatack Mountain Schc~ it of Crafts and Pilchuclc School in Stanwood,'9Vash, ONF.-r'N;RSON N:XMUSl•1'1QN?S . 1990 Rctvy Rasanfiead Gallery. Chicago, Ai. 1988 Bgsy Rosenfield Galleay, ChicaKu, tll, Kaplan GalICry, NCw Yark, N.Y. KnrlandJSuinmcrs Gallery, l.a~s An~;c•1~•s 1 labatat Galk.ry, Farmington, Mich. Kurland Sumn~sra Gallery, Los AngoloF 1987 >:Iabatat Gallprip9, Bay Harbor Isl:md, Tla. Cansko Galerie, Zurich, Switzerland (aol- Rosenwald-woIPGallery, Philactc:lpn~a laborativa work wiQi Lino Tagliapiet:a) Colb&o of Art Bcaay Rosenfield Gallery, Chicago Renwick Gallery, 5n?ithsonian lnsiitution, [ .ca Kaplan Modern Gallery, Chicago Washingwa, A.C. 1989 ywnske Gak~ie, Zurich, Switzerland 198b Betsy Rosenfield Gallery, ChicuK~~, ttl. Yamaha GaACries, Tolryo, JapBu (cvllabora- dvowork with Land Tagtiapiaua} 19$$ HC11ei C9allery. New Yatk I•fabatst Galkxles, Boca Raton, FIa, Kt~land/Summtxs Gallery, Los Angeles 1984 >iiabatat C3allcrics, Bay Harbor Island, Fla. waltp'JWhitC Ga1lc~ry, Cannel. cauc J U L- 3 0- 9 1 T U E 1 3 0 4 6 D A I L E Y FAY{ 6 6 3 7 7 6 1 3 3 1 P~ A 2 D~1N ~Arr.~='~' Fage 2 ' ONE-PERSON rya M ~ +iITIONS (Continued} 1983 Hab®tat Cralleries, l.at}uup Village, Mich. 1977 NII f Cenu~ fo: Advanced Visual smdias, Betsy Rosenfield Qallery, ChiCtRgo, ID, Cambtidgc, Mass. 1982 Thop Pc?rmay Gallery, Npw York. N.Y. 8976 Theo Portnoy Gallcty, Ncw Yor9c, N.Y, Aaicricaa Art Inc., Atlanta, Ga Karlar~dVSammars Gallery, Los Angeles 1975 MiT Cenux for A~dvanccsi Visual Studies, Cambridge, Mesa. 1981 ~I3bata?t Galleries, I.tu{uttD Vr~e, Mich, Groenwood Qallerry, Waslungoon, D.C, 1973 United States Embassy (U,S.l.3.), Rome,Italy ]980 Ti<ety Ptrrtrioy Cialllcry, New Yofk. N,Y. 1972 Phlladalplils Art AIIisaae. Phlladclphla. Pa i 979 Theo Ptuuroy Gallery, New Yarlc, N.Y. sEZEC'r~D G~uvP s~zows More than 20o group jaricd or invitational shows since 1971. 1990 "Contunporary Dcvekrpraent in Glass: A x989 (Conlj Craft and Font Art Mgsovm. Los Angeles Season isf Irigtrt," ~dverlport MusEUrn of Art, "Selected waQ'k in Glass" lialiery Naga, >ya,~y.v.., Iowa 13aatan. Mass. "lnu~natYonal Glass 1990," 1Tabaat Caller- ies,Boca Raton. Fla. 1988 "New Ari lForma Bxpositiion," Chicago Navy Arc ]?oCir3, New BtrglStld Siolabs Foutldatioo. Pier; Betsy R..~:..:.rld Oallcry and Waverly„ Mass. Kuz~andlSumnnera Gallery. "ihe CoIlabaaatrvc wort of Dan Darlty and - "Cflass Animals: S,i00 Yeats of Artistry," lino T~gliagieprn," SSnskA Galerfe, arnich, 5tcubcn Glass. N'cw Yvs9c, N.Y. Switzcr]~rd "[fleas Now IQth Anniversary fixtrlbi• Kavesh Gallery Bxh~it, Sun YaIIey, Idaho don, Yatnatut Galleries, Togo. Japan "Thp Yeuiatians,"Muriel KsrasOc Gallery, "fitly Annivorsary tx~lows i~du~itian; Now Ya~rk, N.Y. tenter fat Advanced Visual Studies, MIT. "199D Boonoroic Summit of Industrialived Canrbddge, M~ Nations," Rice University, Hotuton, Texas, "Architxtural Ant," American Ccah Mu- Gallay Affiliate: 7udy •Xouens Galleryy. seam, New Fork. N.Y- Iiouston~, Texas " 30 Years of New Glass,l~5f-1987," The "Lsrnporama'90" Bank o! Boston Gatlety lbledeo Ivtuscum of Alt, Toledo, Ohio Sled ArdstPbttindatiorl Gallery. R~y.~.., M&SS. ..18th Annual Inoernational Crlass Exhybit," 1987 "?5 Years of American Olasa," Dmnnstatc Habatat Gallerus? Farmingtont Hills. Mich. Ar1u,w, W.., Germaaq 'Glass Now.'94: Yamaria Corp. of "I'he Saxe Collocpoa; ° American C~~tt Amc~:icr4 touring Japan Mascum. Ncw York. N.Y, "Craft Today USA." Haropeaa tour'69-'9Z, "Busts," Qj-Artist Invitational. Bevy ' ROSr9tfleld Gan Chi o Amc~cla "Glass Now'$7~Yatr~aha Grallcrics, 1989 "Gr+otsp Invitational Glass Exhibition,"Joan T~Ya Japan Robcy (~allety, Deaver, Cola "Ntw Work," wife Gard'iaer Gallery, • "Common RaotslDivotse GbjcctivcsJR1:SD San Dic,$o, Calif. Alumni is Boston," Brockton Alt Museum. "New American Glass," Fort of Risley . g~~on, Musawn, Phr~adelphla, Fa, "'The Vessel: Studies iD Form tit Media," JUL-36-91 "r"i.tE 13 C47 DAZLEY FAY{ 663 77A1331 P- 03 ' DAN DAILEY P~tgre 3 SEL,EC t r.D GROXJP SHOWSi tContinued) _ 1987 (('unt.) "3{i Years of New Glass," COmi~ng Mtr501tit1 1985 (Cori.) "Glass Amorica'85," Yamttha Gallesics. of Gloss, Cca'nutg, N.Y. Nagasaki, Tokyo, Kyoto. Yokoharrrn, Japan "Boll, Anniven,ary Bxtribitier; Glass "Gristallerie Deem -Pate do Vcm:: MusCe C.uratcd by George Smco, Con:.. ~...ry dos Arts >1;,.,,.,.,.tifs, Paris, Franrc Crrfta Gallery, Portland, Oregon "Drawn to the Surfaoa: Artist in Clay and 1984 "Aspens of Ctxrtctnporary Glass: Califomis Qlass; Pittsburgh Ceaocr for the ~1rt8, Smtc LJhivctsity, San BerrYatdino, Calif. Pittsburgh, Pa. °ArlaericBrrB iII Glass'64; Leigh Ys,wlct;y Woodson Art Muscpm, Wausau. Wirx_, and 1986 "Glass Ait -Style and Dorm; Petncpciiott SCvCral mttscunas in Europe including: Oallcries, Houston, Tw~as Kestna Maserun, Hannover, Wcsr Germany: " l+iew Arneric:an Glass: Focus 2 West Atlrarctun, City Art Galleries. Marc-hcYt,cs. Virginia," Huntington Galleries, Stgiand ituntington, WVa. "Glass'84 it Japan," Jspat? Q1asR Artcraft "Gran Today - Poetry cf oho Physical," Aasociadon, Tokyo; raper American Craft Museum, NCvy York, N.Y. "New England Glass Art'84," Gullcry Naga, ..Lamps: Wodcs That Illuminati Space," Sasinr, Mass, Galley Naga, Boston, Mass. "Cert.,., Glass, A Decade Apure;' Tbc `SContcrnr,,.~.,~ American and Europoarr Boise GaDary of Alt, Boise, Idahu Class from the Sake Colleodon," the Oaklrtrrd "Cia9s Amcxia'84," Heller Gallery, Museum, Oakland, Calif, New Yank, N.Y. "Glass Now'86," Yamaha t3aIIeQies, "MCA Glass," Snydettttan Gallery, Tokyo, Japan Philadelphia, Pa. "An:hite0tat+G of the Vessel; Bevier Gallery, "C91ass in Miami," Regional Exhirltton, Rod,ester Institute of Technology, Miami, Fla. l~ochcstcr, N.Y. "Glass National," ):iabatat Galleries. Dctmit. `.t?anm Nancy," Musoc Bcllpive. Mkh., and)3ay Hat'bor Islands. FI:,- Z.tuich, Switzerland "Glass Natiorutl," Blaine Potter GaUcry. "Glass is rho McNum,"Newport Art San Francisco, Calif: Museum, Newport, R.I. "Pilchuck Iirv'ltation8l," Traver 5uuun "Pilchuck - Gbv:».~...'s Invitational 8xhibi• Crallery, Seattle, Wash. lion," Washington State Capital Museum, "MCA 3-D Faculty 8xitfbi6on," Fait:ral nlympia, Wash. RCeCrym Bank, Boston, Mass. "frnovatians -Clay & Glass." Rhode ixland 19ti S "World Glass Now '85," I3okkaido Museum College, Providcuoo, Rd. ~f Modern Art, Sapporo, Japan "+tiless Now '84," Yamaha Galicrtc:+, Tokyo, "Class Now," Kuttathuset Museum, Nagasaki, Kyoto sad Yokohama, lep~n Stockholm, Sweden "Five Ir?be+nnational Artists," Shuyu Gallery, °Ari Du Ycxre; Muses De 13taax Arta, Tokyo, Japan Rouen, F w.~,tr "Natxatlvo Glass " Susan Canunint; Gallery, 1983 "The Art Oi Private t;ommisions," Dimmock Mill Valley, calif. Gallay,G~.s,,. Washington Unfvcnlty. '"trans-Lucid," Washington 3gttarc Gallery, Washington, D,C. , WashinIItr~, D.C. '"Ihe Pine Art of Conte...,r..,~a. ~ Amcricgrt °Sc:ulptur~ Invitational,` ]3lahre Pott~¢sr Glass," Columbus College of art A I3cnigrr, Gallcsy, San Francisco, Calif: Colnmbua, Ohio "P'ilchuclt Artists: Poster Whits Gallery, °Scttlptttral Glass; Tucson Museum of Art, Seattle. Was]?, Tucson, Ariz. °14th Naaonal," Habatat Gantries, "Glass, Artist/Acsigncu/industry." Castle Lathrtrp Village, lltich. Gallery, Celtcge of New Rochelle. N.Y. J U L- S@- 9 1 T U E 1 3 0 4 7 D A I L E Y F A 6 0 3 7 7 8 1 3 3 1 P@ 4 DAly Page 4 sEIsEC ~ r.D G]E~OUP SHOWS (continued) . 19i;.1(Cun1.) "Glass NaM1V'83, Yamaha CiaIIexus, 1980 "Openm~ llaltibitYOrl," California Nalianal Tokyo, Kyoto, Yotaolram~ Sapporo and Inritatiortal, L.A. Folk 8t CraA An Muscttm, Nagasaki, Japan Loa Angeles, Calif. "National Q18a8 V," Contera,...:~~ Artisans "Masterworks." National ]nv?tationat, PCnn Callcry, Sam J'.~.~.,,:sco, Calif, Stott: Univetsf4Y, Untvcrstty Patic, F'a. "National," Habatat Galleries, "Cxafts B?enniai;' N'adonal Ittvitgtionsl. Lathrup'Village, Mich. University ~i 1119rlois, Normal, nt. "Dailey/VNeitibcrg.° $.Z,'Wastrlarl f9allery, "N0w AfierICan Glass • FdCtta West Vir- St. Louis, IVIo. Blnis: Huntington GaAeries, 'Sftaft: Aar liixpmtding ]Definition; J.M >FIunrington, W. Ya. Kohlcsr Arts Center, Sheboyg$R,'Q1rsC. "Art for UsE," National irtvitadarail Fathibl- taaa Pavilion, Winter OlyarpiCR, l.akc 1482 "World Glass Now '82,° I~oklcaido Muscam Placid, N.Y. of Modern: Art, Smarr.,-.,.Japan "Cbritempcfrary American Glass Sculptui+e." 1979 "YilptiudC Visiting Artists 8t Faculty Invita- Unitod Ste~tes Bmbassy, Prague, tionaI,° Homy Gallery, University of Cncchoslovalda a'ashingtan, Seattlo, Wash. "Vcrriers Canbempvrains - Art et Induspio," "Scuiptur~ et YoltnriCS De Vcrie," Musce Musoo Iyo+s Arts Docoratifs, Paris, Fi~ico Chateau D'Annet;y, France "Ansesican Glass Art: 8wlution and 'mho Unpainted P~orCait,° John Mich<stl Revolution," Morris Museum of Arts and Kolilcr Arts Center, Sheboygan. Wiu•. Scicncea, lVioni~ott, NJ. "Intcrnaticrnal Directions fn Glasa Art," Art 1979-198] "Novo Glass." Cornitlg Museum of tips, Oallcry of Western Australia, Perth, Aust~ Ncw York lia, an invitational traveling tv wren muse- umR rti Australia 1978-1979 "Atncticaris !n Glass;' Leigh Yawkcy WOOd50n Museum, Wausau, Wise:. 1981 "Atncrlt~nns in Glass," Irciph Yawkcy "Glass America 1978," Lever H<w~:, Wagdsan .Art Museum, Wausaw, Wisc. NCw Yotit, N.Y. "Glass Kanst'81," IntCrnational Glass Show, "NCw American Glass, C;hihu[y, D~?ilcy, Museum of AR, Kassel, W. Germany Rappel, Shaffer," Iitmtingtott Galicricx, "Crxttemr,.:~.~ Glass • Australia. Canada, Huntington, W.Va. u.S.A, Arid Japan," Narianal Mtrsentns of Modern Art, Kyoto and Tokyo, Japan 11976 "Piichuck Glass Invitational," Seattle Arl "Glsixs'8k in Japan," Odalq+u D,:.r....:...eatt Museum, Wash Store Grand Gallery, Japan Glass Art &x:ioty, Tokyo, Japan 1973 "FirBt IntcrnStional World Craft >rxhihit; "Glass kioatcs." DcCocdova Museum, 'Ibivnto, Ontario, Canada Lincoln, Ndaas. "Glass: Artist & InduertpC"Jesse Bt~SCr 1972-1973 "American ®lass Now; Toledo Museum of Museum, Alpena, Mich. Art,'Coledo. Qhio "Artifacts 19L 1hC Bnd of a DCCadC." MtrSEpm of Modern Art, New York, N.Y. "Cmcrgcnr~e, Art in Glass," Bowking Gtoen State University, Bawling Greean, Ohio National Invitational JU1.._-36-91 TUE 3 S0 DA I LEY FAai saw r r~ i ~a i r u ~ DAN DAIIaE'Y Page b SE~.E~~~~~D AIt'I~CLESANA RE'4~e.wa 1990 WoodOaidge, Sauy, "Risiag m tha C~,~.ioa; 1987 (Coat. ov. 5; p. 15 ' Noti .~L:.~ Donohoe, Vfcooria, "Dao Dailey. Simple Marano, ICoji,'~an Ddile~" intervlow, Comple~idcs is Drawing ~d Glass. 1972.87;' ,Pant, "The Pull of Verdca,",~gu~, JulylAttSast+ P.14 Minim, Donau "C',anectivs Ax,,.,...ch cam, Puck. ";aB a Style," des G~tllcries,M gam,, Angost S~ SCpt. 21 1C~. lane Ho1tc, "Architects Expand Vse of Sweeney, Tim. "Artist's Glass'Worls Coavay (31ass Art," NPw Yom, July lx 9ease o~ Humor," w ' Mi:o, Marsha. "Irvo A~.x..,"„hes b Glass: Sept.30 One the other sophaaonic." Hazard. Patrick, "Deo0 and Such in DC," Juac 3 Jtily 22; p- 53 Srrr>stedn, ~ A.,'°I'he Gromhouse T~ffcct," Z~cbman, Laura J., "FSber, G1asg and i~ w ~6~ Home. Febjuary Mgral Mnngte NrcPly is Not•So `l~kw Chambers, IKar+en, "Dan 37ai1cy . A Design. Weak'" . ing Character; ~ Jaw; pp. 10.19 C-oaroy,'Sarab Booth, "'l'f?d HaIff~rnpty T~ernin, Chxristine, "'Ihe Arc oP the Lamp' Crlass: Daa bailey's 4paquc Humor at the _....~QSt4e Glebe, PCb. 9: p. 6d >iteawidc," Waahinaton Post, Jydy 1& The 5aaslaa 1~Y Anna, "Die nrensctdictre VYe1c pp. G 1 and G6 gemass Daa Dailey"A +~&~LtLt,1S~. "Bxtu'bidan of Glass and Drawings by Dan Jan. 3 Dailey Opeas the Reawi~k Suno 2b," Renwick t5uatterL June, July. Augast 1989 Harapson, Ferdinand, "Glass: Efate 4f the Sozsnsid, t3dwar4 7.. "Glass Comcs Into Its An," Maroc: D.110 Owtt As Aa fixpressive Mc~iam " D~ Sanska, Mary Arno, "T'hC Hwnan World pj~jAdelflhig tnauirer. Apn1 A.,......litrg to DaileY," P~his,~~~. BtulCe. Kat6Nea. "At the Renwick: Dan • j,~r „Jane; 0.158 Svrrtzerland, Fcbraary ' Pamela, "Stazlptor' Darr bailey's Sanske, Mary Anat. "Daa Daley mt~ser- Kesler, scbarfc 5ocialstrtdcn; ~ Blass ACt," shirr an Post. July 3 ~[~~Oder. Dec. Margolies. Jaao, "Ckatf4 Cross Ova," ' , May/June; 1988 [icdc. Sandy. "I'he Only Passible Wtard is pp. 54.59 Swgttk," June; pp. 5461 t3oIdberg, Ra4r B., "Glass Works of Dan Notden, Linda, "A Rainbow in ibo Dark," •Dailhy Bxtu'tiititrg at the Sr~nnithsonian," ~ 4~5. Fall. Pp. 20.23 Aogos~: D• 52 might, Gwen, `Taavard a Ncw Perception of Donohoe, Yictorla: `7VLtiot Exhibit iA Glass Art," ~~;y, gain pp. 24.31 Art Horrors s Native„"'rne Philadelphia Lang, Gcorga,'Z.oo'i~"?g ftx a Rmi~rtbow; yaglea~c `weeJtcar9.• March d: p. 34 ~vel~ APril:1~p.11~-1@9 Lewis.l~?e1a, "Glass Art Dfveaslty 9n Cohen, Elie Lce,'~tain$ow; TOChaJIQoC, Sfyl0. ~si~.a. rurr~ pn. Sao-zso rib. ~s; r.1c Brcr?nar, Douglas. "ChaagC Pemtcrs and Geid~kr. Henry; ~mmus, w~Iliam; Dance." Jgndi ~;OCt7r~a8, ElCnr; E~ayS hy, PP• 110.121 Ge+ven, "Over the Rainbow; 1~C 3~12~. Philadelphia Conegsc of lht: Acts Y.~Is.Feb. 8: pp. 38-44 and Dan Dailoy, Philadelphia, PaL,1987, a 66-page catalog for Plu7adalphia Corteges of 1987 Andersorb Barbara,'~.oeat Artists Find the Arts and thFNatioaal QalJery of Amcri- ExptesSloa Through Medium of Qlass." ~ can Art, Sauthsonian Iastitatiart. JUL-3®-91- TUE ~3 ~S~ DAILEY FAYi 663 7781331 P. 82 DAFT DAIi.E'Y Page 6 ' SELEC t X1'3 ARTICLES AN,D RE~r WS (onntimred) _ 1986 "Dan DailEsy," AriiSt's 5taternent on Design, 1981 pn(srsm, Ronald J.. "Dan Daiacy • DirOCtions ~~'ecial,y+Jtxtntnl.1986 in Glass," Fcbruary/March; Hawkins. 2~1...r,~.. Ct, "{Daituy's) Glass pp. 24-27 attd 75.76 Caravans at EIOiaC Hire," "NCteCSt Glas 11ftCeViCW wigt Den Ihlfay " T.1E1tSi5. i l MarCtt; Cover phow, p. 13 1985 Ko los, Janet, "Art With Glass " Gallery. "Dan Dailey." P , ~ Vol..1, No. 1, MayjJune; pp, 48.49 lf~ Janna(y/FebruAr), masthead, Ruby, Kaky, "Bxltibitioa8,lavitatamut pp. 1 and 1.5 Satapks"l~3.~S?s~, May; P~ 1 L.eeattvet. ;lean, editor. "Art Du Vam,° Dater-Suebal, Penelope, "Contemparuy M~{isli8-1~:d1L. June 19$5; pp. 2Q.2Z and 52 Art G1ase; An Old Medinm Ceps a Now Girard, S~lvie, "Art Du VCtre Actuttlics Look," ~,g, Sumtapr, pp.13u-1:15 IntGtrtatiobi9le," La Revue pg ~ Calamiaua Fiaaison, Hclcn A., "Originality at New East Ft ,V •r~+~• cover plmto, masthead, P,nd Oalle~es," $~xrw 1( Aug. PP• ~ and ~Ii l6: p. 16 Vander M;aulan, Jack, "1ntCrviCW With Dan Duiiey," Paciirie_St,~n_ MarCtt; pp. 15-21 1980 Spttrgin, Jody. `Contemporary (]lass "Dan DaiIr~y - Ar1iSt'S Statement," Sculpttere," grt erak M88~, Wark. Wi,lte+c/5pting, N0. 21/Z2; cover Fe>tettaryiMareh; p. 61 photo, p. 2A 3pttrgin, Judy, "Daa Dailey • An Artist In Total Communication with Contcmpnr~uy 1984 Clvrta8rt, lGrotsa, "2pW Century Look CfivCn Class Cortcepts,^ Art Crntt e, w Art of Cr18.4s - Dan Dailey fr?torviaw," JurreJJaly; front coves, p. 26 ~$y Mori ~i iyev+g, Donv4r. Coln.. Kaplos, Janet. "Stained Glass C~anv~ti."'~ Juno 26? P~ 81 New Art fixaminer, Vol. 7, No. 1(l, Taybr, Robot, ">~th~its: Artists in Glass," Swa~mcr; p, 7 TheThc~ March 30 1979 MosCr, C'I1trr1CltB, "Glass Show Cots Beyond 1983 Cttcxlt. LawrCnCe W., "Glass Is 9culpWrc McneZy Funcdflnal Bottlos," ~louetc,n tend tzt1t11TE: PtlCtelttiie In NCw TMA Sltaw,° JunC 13; p. S Tuesan C11lZ~Feb.1l Kctlrrttrrtn, RobCrt, "Four Artists and the laFave, K:etttteth, "TMA Sxlubitiart Glatcks Vrsset "Atz Week? Vo,10, No. 33 (ltd C11Cht;g About Gias~," T1L~T•~a L,awis, Albert, "nar: Dailoy - Cupturrd p-$1~, Feb. 13 Phrnvmeaa," dew Wg~, Horns, David, "Exhibit Illasttatea Artistry of October/NovCmbar; Cover phow, pp. b•11 Glass," The Ariy~a~vrst~a , FeB. ZO Loslcett. Manft~ed, "Fanerzauber - Gtas Aus Montini,l~. J., "Sculptural Glass; USA; Kunst dt~ntlwctk_ Euroix~n ,$o uhlic• March 6; p. DS Haadic~aft. L6$9G&, Nov,/DCC.: pp, 4151?-465 Cohn, Stan and Judy, "ban Dwilcy," ~ ,t~, Voi. No. 2, March/ April; p. 21 1977 Villenettv~e, Iviichclle, "ProfessCUr rt Artiste, I)cgatar, IPahicia, "Datley's/Woinborg's Un A,tneripitt Facanne le Q^tstal Chu. (,lass," BCQWtt'8 Oils, Review, fit, i~ot»s DBUStt; L'eat Reeublj~ in. July 7; P-2 olobe r~rat Sept.9 FSatte, Cjtto. "Gies, Gas, and Etcktriiit~t "fly Rice, Nancy N., "Dan Dat7Cy/ ~(gg~-tg, Aaguet; pp. 62-7a SiCYCnWtirtbarg;' ICI®w ArtFxarniner_ vol. l 1, Mo. 3 1976 Hasringlatt, Doboralt Wail, "Directions in Gardner, Raul Y., "Yrt~ginativc, prigitral, Contemporary Olass'76,"Third t~ado~l tttunorows -Glass Croatians by Dan Dailey'. Glass fivitaesonai, Madisott, Wisx:.. Naues DUa_p~CCembet; pp.18?r189 Feb, l 1-23, Gta.ts Art gg~jt~e. Yoi. 4, No.3; pp. 25 2ti 1982 Fotgey, Ben jamin, "Clalleries, Pcivatc Lives " W~,~lxip n Post, DEC, 30; p. D7 .7UL-38-~} 3 TUE ~ ~ S 1 DA I LEY FA}i 603 _ 7T61 331 P ~ 03 c DAN' DAtL.~Y Psge'7 LECmiJI~E1~ AND 7JEMO1~~racATIONS Yamaha C„L~ ~„~:ho~a ~ Gnaw, Zbkyo, Jsipaa Kant S®te Uni, ,,.s:;~ . lK+cnt, Ohio As7omar Ooni....,, ~ Ccau~, Saata Cnu:, Calif. Califomla Stain UoavCr~, Long Beach, t~lif. Coopor Iiewitt Musovia, New Yom C~ Aypalacbaaa Cents for the hafts. Stnithv~lo, fin. Rochcsxr Inatxatm of Teohnotogy, Rae6estar, N.Y. F~..,~.~. Schaal of Design, Ncw Yodc, N.Y. Massachusetts Instituto of Technology, Csm~.:dge, Mass. 8arvard Schaal. Los Aa,geles, Calm Fatback School. Stanwood, Wash, The Pmts Ce>mer at she Aug, 3cattle, Wash. HaystacJc Mownain School of CtaEts, Dear Isle, Maine Arvada Alta Cr.,.,r.., Denver, CoW. . Penland School of Crafts. Paaland, N.C. Tho $...J'~ ~y ~„,~.,.,13rockton, Mass. Musa Cents, Rasa. Japan The Sm~ititsanian Ma.,~ w.... of American I~stay. Ntjmima Glass Center, Numima Isiattd, JaAsn St?ashnngton. D.C I~Ckley School, FBnck[ey, Maine The Ren~vick Gallery. Stniduottian Mnsturtr?. Ohio State UnvGrsity, Columbus, Ohio Washiggton, D.G West Suts~ey C41kge at Art 8e Deslgn, FatNram, Rest The Attlof~oro Museum. Aaleboro, Maw. Marshall~Universit . Itiuntin tt, W,Va. ~ Yom ExpcrimentaI Giese VVorleahop, Ncw York, N.Y. ArvhitCCts Golleba alive, Astsnta, CYa. 3'!ue ~pn~ ~afl I?~ouseNes~~ X~ode, N Y. Tyler School of Arq Philadelphia, Pa. Tho 8~..~ Museum of 1?ina Arts, Boston. Mass. _ Philadelphia College of Art, Phitadelphi$, Pa. The Str Loafs Museum of Ate St. Lams, Nto. Rhode Istaata School of rie.~,ga, Provideace, tt.I. The Natlaaa! Glass Seminar. WashingtAn, DEC. Virginia 4bmmomvoalth IJniver~ity, Richnond, Ya Pacific Dostgn Centex. Los Angeles, Calif. Panrtsylvania Stara iJnivorsity, State Coltega Pa. TWana vnlvt;rstty, G.A.S. Cante~ca Ncw Orleans, I.a. Utivorsity of Wiscansln, Madison, Wisc. Bartlett Museum. Am~fntry, Mass. Uni~.,..~.f of Illwois. Normal, A1. The New Art Forms Sxpositid'n, Navy Pier. Chicago. Ill. Siena Collcgo, Rocklin, t~lif. The Ulan Ceitccr, New Yoke, N.Y. Farttand Smte University, T:soctiand, Ora "The Creative Glass Certtter of Amanita, Nxllville. NJ CBmegie Melimt Univcrsigr,PUts': ~.,,~f.,Pa. P`tTBLIC CQLLEC'ITONS . , Boston Maseum of P1ne Arts, Boston. Mass. The Broclctgn M..,~~ w~ a:..:~s+~.., lvtass. The Iilgb Museum _of Art, Atlanta, Cia. Les Archives de 1a CrLstallarie. Daum, Ph~atlelphia Maseum of Art, Phlladciphia, Pa. Nancy and Paris. Frame . L.A. County Mvsetu~t of Art; Los Angeles, Caul: ~ GrlasS Musetmt. MillviIIo, Na. Nadora?i Mnsatun of American ITistory, Smithsanlan DaanstAtt 1Vlu~m; Darurstatt, W. Gmmany Insfatute, Washiagtog, D.C. Detroit Institnk of Art, Deoroit. Mich. . wing Mcsoust? of Glass, Coaming, N.Y. 1Wnors Slate University Art Gaikry, Natural, Ill. Mertopolitan Museum 4<Alit, Ncw York, N.Y, ll`estttu 1ir1ns4um, Hanover,'VV. Germany Amc~ican Craft Museum, New York, N.Y, Natioonal t3alltsry ~ Vioto~a, Melbourne, Aus~ia Mlsseo 1?as Arts D~.,...~, Parris, l~ttvo National Musetna of DrYodern Art, Isyato, Japan Musee Des Arts Der~tife, Lausanne, Switzerland Prescott Cbllecaan of P,~chuck Glass, Pac'd'it: ~ Cez~, Indianapolis MasCum of Art, Indiana~pollis, Ind. Seattle? Wasb. . Huntington (Iallesies Musewn, Huntington, W. Va. Th4 Chaser Manhattan Sanl~ CvilaCtiou, New Yak, N.Y. New tudiaa MnsCum, Flagstaff. Arta. Yokohama Ntuseum, Japan Craft sad F~nitc Art Museum, Los AttgeIes, Caflt. The 1VliilwaaYee Mosauur of Art. Mdwaukce,lN'~s. TheTbledo Museum otArt,Taledo,Ohio .J UL-36-9 1 TU E 1 3 ~ 52 DA I LEY FA}{ 663 7TB 1 33 1 P ~ 04 DAN DAILLX Page 8 1 A~ARI?S 1959 Masters Fellowwship, CrCAtivo Glass t„tx~ter 19"!5.1979 lr"ellowstaip at tht MlT Center for Ad- af America vancedYisaal Studies, Cambridge. Mass. 1985.1987 Fittallst, Massachasetls Cottttcil tm the Arta 1972.1973 Fulba~gtJt Hayes Fcllowship,Vtmice, ltaty Pcllawshlp 1998.1972 Graduaoe Teaching Fellowship. Rhode lslsnd 1980 Mtrssachnstxts Council on the Ares School of Dasign, Pravide:,ce. R.t. Fcllowship~ -Glass ' 1979 National B±ndowznent for tht: Arts Fellowship -Glass GOMMTSSI~N a 199Q Thrpc cast-glass rCliot' mutgls, "Birds in 1987 Cast•glass rtlicf mural, "Orbit," atom gloss Clouds " viDlet and amber tx?mbinatiotr glass; bltyCk mural with illart?inatcd painting snd Mural 1 is 4'tt 7; Moral Z is b' x 1S'; and compatcrizcd controlled lighrir>$ system; x Mura13 is 4' x 7'; Pan American Building. ! 6'. bronze and glass lamps in various rooms New York (;Yty, N.Y., preyfus Cotp.; of Rainbow complex; Rockefeller Center, Swanks Lydon Conner, architects. New York City; Roclcefclltx Group tnc.: Hardy Holzt'aart Pfaffes Assaciatc~. Carr-glass rCiiCf mots!, "ta~ss in Wind," erchttccts. clear glass blocks;l2' x 16'; Northom Essex County Courtltoasc, IVCwburyport, Mass., 1986-ottgoi~ag ThC "MA55ART AWARD," an "Fmmy far Commonwealth of Mass~husetts; Leers the Arts; glass. bronze trophy vacs pre. wcuvapfel, architects. rented annually m outstanding contributors to the advancement of the arts. 1989 ('art-Blass relief mtu~1. "F`arniIy," clear glass blocks; 3' z d' x 2": Matitctta, Ohio, Marietta 1986 Nine oasfrglass t'tla8f murals: "Dinosaur;. Memorial Ylospital; Frank Wiley, architect. ••CttySCapo," "Larudscape," "Hydmptunt," "6nergy Plant." "Ocean Drilling Pl:rtfcxm," ThrcC cast-glass rClicf murals; Mural 1, "Powerlinae," "Gas Rig," "Plimtil Fncrgy " '"trees in'Wind"; Mast 2, "ltaln on Water'": Nine shades of burgundy. amber. graon and Mural 3. "Rolling Fields"; t;lear glass blocks blue; T x to 7'x24'; Commonwealth each with a colored border of either blue, ~nCrgy Scrvicas Corporate Headquarters, maroon or grCCn; T x 11' each, Children's Cambridge, Maw.; Cammonwtatth 6ncrpr hospital, !Boston. Mass.. ]illCnzweig Se+rsrices Corp.; Add Inc.. architects A.cgcrCiBtOS, tu'chitsct. 1972.p11gCU'ng Numerous rESidentlal oatnraissions tar 141ift 'l7tc Fuknrtan Vase„ a 17 U4"H x 10"W x lamps, wall reliefs and installatlona ) d"D blvrva glass and fabricated gold-plated unct patineai L.......e rase. To couunamoraW t?r. Peal F'airlanan'a di.,.,~ ~ w~ is 1464 of the vaCCtnC foe rubella. • P~nPOSA! cor~cEPT ~fAl! TRAl~SPURTATION CENTER ART I ST - W I LLt AP1 .JACKSON ['t~?XWELL THE COPJCEFT Ti~AT I HA E DE vELGP'ED FOR THE w'A II. Tt~ANSPl7RTfiTf ON CERITER HAS THf~EE FDSSiLLE VISUAL CJ]MPC~NENT5 T[I JT. EACH JJF THESE °~15UAL Cdf1Pt]NENTS GAN WJ~RF: TOGk?HER 01~ INDEPENGEIVTLT QF EACH . OTHER. THE FIRST CONCEPT UTiLitES SDLAP, FICTAGRAPHS . A SOLAR PICTOGR;~P>~ Ifi CREATE J3`v THi; USE OF A SOLAR DEPENGfNT L~E1~II:E THAT HAS LEP~SES +Af~lC~ tJARr~BOLiC MIRRORS THAT FINABLE ME TO BEAM LIGHT IMkuES TO ;CARIOUS SITES IN THE TRANSPORTATIGIV CENTER WlTHpUT THE . i+JEs:~EP, OE11VG ~1i3LE 7L1 kSCERTAIN WHEI2l; THE IP:AGE 1S i~OMING FROM .7HE I DE,~ f S TO faAVE THE JI'1AGES APPEAR AS THuUGH E+Y MAG IC_ TARGETS ANC ~~,F IOUS TYPES t~F LtT'JES WILL BE SANI~>3LASTEG INTQ THE CEI:1ENT 1?{ALL SURF~,CES OF THE TRA1dtiFf1RTATIGN CENTER FOP' THE St?LAR PICTOGRAPHS TO JMTERt~CT WITH. THE 111AGE5 WILL BE qF P~ATlVE FLQP.A AND FAUNA AND REt_+~TE TO HIGH EN>rRG1+ PHYSICS APiL~ CRYSTAL. STRllGTURES. HE sEaraND PRoPr~AL U! iLIZES THE SOLAR PJCTQGF;APHS AS DEwEL~PEG IN THE FIRST CONCEPT. IPA ADDITION TIZ THE PfCTOGf?APFiS THERE WOULD 8E r TH!?EE DIf1ENSIO1~lAl, OBUECT LOlwATEG ON THE ROUND ~'IE1~'iNG SITE FACING THE CLOCK TOWER. TNJS OPJEGT ~;IQt~LQ BE A LARGE STONE THAT IS GARVEp '~'iTH TARGET if1AGES AS DcSCRlBEG IN THE FIRST GL~PdCEPT BLIT WITH THE ~+UpiT1f1I~~ OF THE PRIME SOLIDS AS DfSCREET ELEh1EJti'TS THAT LOOS: LIKE THE4' ARE EM6ELfQE'D IPJ T!-IE STONE. THE PRIME SOLIDS RELATE TQ THE 7PA^I5FEREIdCE !]F LIG!-I•T AND THE CRYSTALLINE idATi,RE qF SNOt+~. THE SIJLAR PICTQGf?MPHS w'ILL APPEAR AttiJ DISAPPEAR OPa THE Sl ONES SURFACE vUl?JNG 7HE AAt'. THE THIRD IDEA r~~IJLILD FURT t-JER DE~IELOP THE CGN4EPT TJ7 INVOIt~E THE 1;i~1TJRE SITE MOl?E ACTIVELY df~G TQ START TQ BRING THE HUP,ROUNbING LAAIDSC~+J'E INTO THE TfZ~`,PJSPIaRTATION CENTER'S TDTAL SITE. THIS WQULD BE aCCGMPLISHE~J BY 1)ESIGNf~1G PLANTERS FOR TREES THAT GAPJ QE INTER - DISPER5ED IN VARIOUS AREAS 1N QRGEP, TO Q4~EF T,4KE THE H~iP.SHNESS OF THE CEMENT STRUCTURE. THESE PLANTERS WOULD ~tCT AS TARGET 46JECTS THr~T ARE S1P1ILfi,R Jt~ THEME TQ THE CENTRAL, STONE WITH THE Pl?ih1E SOLIDS. SU%Ak PICTOGRAPHS WOU~Q 8E l3EAi IEL~ TU THESE TREES AND SCULPTED PLANTERS AI.LU~iNr, THE IMAGES TO PLAY ON 13QTH THE STtltJE COfVTAINERS ~ ANt) THc TREES THEt`1SEL~:ES. T'Nc SOLAR PICTDGRAPHS CAN 4t'~]RK IN THIS 517E 19~DEPEtVL1ENTL~r OF ALL EITHER SUGGESTED L'ONCEPTUAL P1~551BILITiES RUT FpRTW ItJ THIS P~uPC+SAL. THE BEST WAS TO ~,CHIEVE THiti !S Tu M~L'~!c !N CLdSE CONSULTATtC)tV WITH THE L.AtdDSCAPE AP,CHtTECT FAR THIS FR0.II;.CT, THE SuL~,R FiCTOuRAPHS WOULt3 BE RRG~.IECTED TO VARfuUS SITES OF THE ARCHITECTURE AND dLS(3 :f~?0 LAttil}SC~rFEL~ AREAS OF THE SITE. THE PLr",CEMENT OiF ROCKS ANu TREES itd A STRATEGIC M,4F4NER WOULIa ALLOW FOF~ uFTIMAL SITES IN bdH1CH THE SitLAR FICTI]~GAFHS WOULD APPEAR phJD bISAPPEAR TO THE S,1_tRPF~ISE ANL~ D£LiGHT DF THE .'tE~+EI?S. IT SHOULD BE fJQTEU THAT ~ASPEPIS HAKE A PERFECT RE~:t:IYER FitR SOLAR IMAGES BECAUSE uF THERE CCLI]RATION. PROPDSAt 811DGET VAIL TRANSPORTATION CE(~BTER ~4RTlST - MtILL1AH JACKSQM HAXwEII THIS BUDGET IS 11~ITEMI7E0 TO REFLEiT THE VAlzIOUa COSTS GF SCULPTUR~IL ELEP1Ef+lTS THrT I NAVc t~UTLIPiED IN THE PROPOSAL Ct]tdCEPT. THE OP,LY ASPECT t~F THiG PPOPOSAL THAT ARE PdSSIFSLE ',~tr'Il'H THE PRESENT O!JDGET IS THE SOL~?R PICTOGR; PHS INbEPEtvDEAtT GF ALL OTHER ELEMENTS. THE IN~'LUS1E.!I~1 aF ANA' OTHER SCULPTURAL ASPECTS TO THE DESIGN WOULC REQUIRE FUPTHER FUNDING, SULAr, r'ICi'OGRAFNS A. FROJEE:TOR~-STAINLESS STEEL FRAME,LENSES M!RRflR.S, TRACKING GEV14E ANL, MISCELLANEI~US H~F;~S~ARE. ~ 3,50b.40 B. ARTI~~ORK, F~JR EACN PROJErTOR E,~i-:H IMAGE i 754.~J0 STOiVE ~ LAI<?GE STONE iP11TH r^Rlt'IE SOLIDS ) MAF;SLE (AT $~i~.b0 ~Q.FT.~ i . GTOi~E 5I zE - ;4'x8' a~,4bo.oo ~ _ 5'x5'xB' I b,00G.01^i 8. LFt6QR Tt~ CARVE STOfdE ~ ASSISTANCE ETC.3 16,(100.00 TREE STt]NES i ALL SMALL STONES ) A. STOtdE 51ZE - 3'3'X3' 2,350.00 ~'k4'}S4' 4,20U.b0 LHBOF TG1 CARVE EACH STONE 3A00.00 ~~r~~DeLasTlraG ~CEf~1ENT BALLS ETC.} TEMI'LATE~~ f RUSHER 1 b.ouu.DQ B. LdBC?R ANI) EOUiP (SUS-CONTRaCTEG) 24,4~~~~.~4 ~HIPPIiV~3 ;LARGE STLINE } 3,5U~?.t~0 CRAf~1E i .SQO.D>> INSURANCE 1,DDO.CO TRAb'EL i SITE ~IISITG A~dG iP~STALLATI?r~ } S,GC~O.~~ COST TQTALS SOLAR PICTuC,RAPHS i IN L,4PJDSC,~FE } $ 5d,a~4.c~L~ SOLAR Pl~~TO(;R~,FHS ',~11TN LAP,~:iE STONE $ ~S.OOu.vU OR SMALLER STGNE~ SOLAR PILTQGRAPH , LAi?GE STONE AND Q ^ r, SfiP~1C~5Lr~STlN1~ +P 1?1,4~~0•~~? AUDFNDUM TO PRDPDSAt, YAlL TRANSPORTATION CENTER dRTiST WILLIAM JAC~50N MA~I~ELL RE: ~ELE~TIdt~J CRiTEkiA - PARHGRAPN s THE ITEI:IS LISTED IA! THE C~+LL Tt~ ARTIST QUALITY AND I>~NL~~.~ATIQPI, TIMELESSNESS,COMPp,TIBILITY WITW SITE,PERt~fA~dENCE A(+IR PUBLIC SAFETY AI?E ISSUES THAT ARE Al'4~A+dS TAKEN INTO t~utVSIDERATION 'THEN DE~lELOPlIvr, A PUBLIC t~ORI'; OF nRT. a HAVE TAK.Et~ ALL L1t= THE p8C?VE ISSUES 1lVTO CUtdSIaERATItIN AND BEL(E1~'E THs,T TM"c DEaIEil~ THAT I HA'v`E UE1iELOPED SHOULp MEET THE REflUfi?EMENTS NEGESfiAF?Y Tfl WORK 1N A PUBLIC SITE. THE DESIGtd iS ALSO It~ENGER NuT TO FLff ANY ltNilSUAt. NEEQS 11ra THE U1r~NER COrJCERNING h1AIM'ENHMICE uF~ FUBLiC SAFETY. BELIE'~E THAT MOS? QF THE ISSUE5 CAPI BE DISCUSrEC+ ~JER1t SUCCESSFULLY DURitdG THE PkESENTATiuN OF MV GESIGIW. tF THERE ARE THINflS THAT I HAS/E 0{~ERLOi]e;ED THEY GAIV B€ BRQIJr,NT Tu MY dTTENTION ANB ~?[dSWEREO AT THAT Tif1E. THE GESIGiv THAT I HAt1E QE'~ELOPEG 1S VE~'~ FLE:lIBLE ANL~ i~Ah1 BE AUJI~STED ACrnkUING TCl THE F1EEE?S THAT 6ECflME APPaI~Et+TT. THIS IS A ER ! t°IPORTA>vT ASPECT TOME i151 1~flP.K t~iG UI~ d1 PURL I C Pl~t~JECT. ALSO IT IS CRUCIAL FOR A PRt1JEGT THA T aLL COPIt;ERP1ED PE7HLE NA1lE vQIC'E IPl THE FF?OCESS fry ORDER Tfl ENSURE SUCCESSFUL'n+flRt; ;!F ART. ARTIST'S PROPOSAL TOWN OF VAIL ART IN PUBLIC PLACES VAIL TRANSPORTATION CENTER PROJECT Carolyn Braaksma and Kathryn Harhai 18 October 1991 CONTENTS A. RGLE OF PUBLIC ART B. 0\/ERVIEW OF• CONCEPT C. MATERIALS AND TECHNIQUES D. A.I.P. P. SELECTION CRITERIA 1. Access 2. Visibility 3. Lighting • 4. Seasonal Experience 5. Quality and Innovation 6. Timelessness 7. Compatibility with Site and Community 8. Permanence 9. Public Safety 1 U. Maintenance 1 b . Community Involvement E. BUDGET F. INSURANCE G. CONCEPTUAL DRAWINGS 2 ARTIST'S PROPOSAL TOWN OF VAIL ART IN PUBLIC PLACES VAIL TRANSPORTATION CENTER PROJECT Carolyn Braaksma and Kathryn Harhai A. ROLE OF PUBLIC ART Fundamental to the concept proposed here for the Town of Vail Art in Public Places project is our understanding of the role of public art as something distinct from gallery art. In order to be public, art must engage the public in a dialogue with the artist by being intellectually and emotionally accessible. This connection is accomplished not by art that is primarily a personal expression of an individual artist, but by art which is conceived as a contextual response to its physical and cultural setting. When the encounter with the existing space provides the essential form of the work, the piece can become specific to the community of Vail and integral with its site at the Transportation Center. B. OVERVIEW OF CONCEPT The central concept giving form to our proposal is that the work of art can function as a healing element in the perceived schism between the large scale concrete parking structure and the striking mountain setting which initially gave Vail its raison d'etre. By deriving form and materials from a combination of adjacent man-made elements and features in the natural landscape, the proposed project weaves together the sequencing of experiences of the Vail visitor as he shifts from vehicular transportation within a standard precast concrete parking structure to the pedestrian mode which gives Vail its unique character. The proposed project consists of a terraced concrete and stone masonry bench retaining a small planting area beyond, with a steel armature providing a means for vines to extend up the face of the existing semicircular concrete wall. The terraced masonry bench with its layering of materials derives from both the exposed geologic strata in the surrounding geography and from the prevalence of stone retaining walls at the Transportation Center and throughout the town. The welded steel armature reflects the use of steel in the guardrail system, but allows the introduction of planting materials as a softening and humanizing element by functioning as a trellis during the growing season. The incorporation of a seating element into the proposal is a natural solution at this particular location, where an exceptional view, a locus of human activity, and asouth-facing nook combine to create a natural place to pause as one moves between town and Transportation Center. C. MATERIALS AND TECHNIQUES Materials and techniques on which the proposal is based are primarily standard to exterior commercial construction, though the materials will be used in an unconventional manner. 3 Thee terraced bench is basically a retaining wall system with an underlying structure of poured concrete. On this is a stone masonry veneer of probably three indigenous stones, perhaps the red sandstone found on the stair rail caps at the parking structure, the rubble rock used in the retaining walls at street level, and moss rock. For accent among these naturally occurring materials will be elements of exposed concrete incorporating hand cast details of people- ori~ented objects such as hats or mittens. Thee proposed armature at the face of the existing concrete wall will be constructed of welded bar steel, braced for lateral support to the concrete beyond. The steel will be oiled, rather than painted, to allow some natural weathering of the finish. Suspended within the steel armature will be cast bronze details similar to the hat and mitten details suggested in the concrete. The cast bronze details will also extend around the concrete wall into the portal area, leading back into the parking structure. ' Planting materials will be selected for their suitability to the south-facing location with significant reflected heat from the surrounding concrete surfaces. Possible vines we will research include Native Clematis and Silver Lace Vine, with ground covers such as Border Jewel or Mock Strawberry. Irrigation, which is already stubbed in at the immediate site, will likely be provided with a drip system. D. A„I.P.P. SELECTION CRITERIA 1. Access The site is immediately accessible to the Vail visitor as he shifts from automobile or bus to a pedestrian mode at the Transportation Center. The experience provided is both visual and tactile, since the form of the benches invites sitting and the nature of the cast objects almost invariably attracts touching. 2., Visibility The visual character of the project varies with proximity to the work itself. To a pedestrian on the central stair of the Transportation Center, the richness of texture, variations in color, the human scale images can easily be read. From Slifer Plaza below, the whole feature will primarily be seen as a shift in the play of light and dark relative to the generally planar quality of exposed concrete portal walls. From the distance of the ski mountain, compatibility of materials used for the art with surrounding landscape and building materials allows the reading of the art and its context as a harmonious whole, rather than seeing the art as an obvious punctuation mark in the view. 3. Lighting The textural variety inherent in the proposed materials will provide a significant play of shade and shadow during both varying daytime weather conditions and under the artificial illumination currently 4 1 provided at the central stair at night. No other artificial lighting is needed to enhance legibility. 4. Seasonal Experience The experience of the proposed project will vary with the seasons. In the presence of intense high altitude sunlight and brilliant blue skies, light and shadow provide strong visual contrast. In the subdued light and neutral color of overcast or snowy days, the naturally muted colors of the selected materials fit comfortably in a visually softened context. The armature will take on quite a different character largely covered with greenery during the summer, than it wilt have when cast elements are fully exposed during cold months. 5. Quality and Innovation Because of the effort to integrate art with its architectural and natural setting, the work proposed here is not something that could readily be duplicated in Denver or even in another mountain community. 6. Timelessness Both form and materials are derived from an enduring aesthetic in Vail and its environs, namely the local architectural character and the surrounding geography. 7. Compatibility with Site and Community The primary motivating force behind our concept is to accomplish an integration with the architectural and natural surroundings, to create something that feels like it grew into, rather than was imposed upon, its setting. The form, materials, style, images are all derived specifically from this particular location and community. 8. Permanence The site identified by Vait for this public art project provides a fairly harsh physical environment for any art work because of the extremely heavy pedestrian traffic, the presence of potentially destructive items such as skis and boots, and exposure to repeated cycles of freeze and thaw during much of the year. We have specifically chosen standard exterior construction materials and accepted commercial construction techniques to maximize the permanence of the proposed project and protect the long term investment of Vail in its public art program. 9. Public Safety The proposed project does not in our judgement compromise the level of public safety currently provided at the Vail Transportation Center. In particular, all elements are out of the path of pedestrian exiting from the parking structure, the rough textured materials of the terraced benches are reasonably slip resistant, and there is no infringement on 5 the functioning of guardrails and handrails. The use of heavy duty exterior construction materials and techniques minimizes the possibility that fragments will break off. 10~. Maintenance No regular maintenance is required on either the terraced seating or the steel armature to ensure their tong term physical and aesthetic integrity. Planting materials may need to be replaced if the microctimate at this site proves to be unduly harsh. The proposed elements should have no impact on current snow removal practices for the stair area. A low concrete curb will be provided at the base of the lower bench to keep blades of the snow removal equipment from scarring hand cast elements included in the concrete face. 11. Community Involvement A strong sense of community and an appreciation of the people comprising the Vail community were the themes repeatedly expressed by Vail participants in the one-day orientation coordinated by Shelly Mello for the artist team. It is our intention to both capitalize on and hopefully contribute to this strong communal sentiment through the process by which the proposed public art project is developed and constructed. We propose facilitating public involvement on two levels. We would engage the public in presentations of the concept and process at one or two milestone points during the project, perhaps repeating the presentation made to the selection jury, with a second presentation when construction commences. Secondly we would engage local children, either through the schools or summer programs, in hands-on involvement in the actual construction process. The cast elements of the metal armature and the concrete portions of the seating provide an obvious opportunity to teach a sculptural technique and to incorporate children's work into the completed project. E. BUDGET Artist design fee S 8,000.00 Stone masonry 4,750.00 Concrete retaining wall 9,000.00 Topsoil, irrigation, plantings 1,500.00 Elronze castings 8,200.00 6 ~ Steel trellis 4,200.00 Construction coordination 3,750.00 Misc. materials 500.00 Equipment rental 750.00 Travel expenses 1,000.00 Insurance 1,700.00 Contingency 115%) 7.650.00 TOTAL S 51,000.00 ' F. INSURANCE Commercial insurance providing general liability protection of S 1,000,000 during the construction process is currently available to us at an annual rate of about 51700, as noted in the preceding budget. 7 G.a CONCEPTUAL DRAWINGS ' 1 ~ ~ ~ . 0 5 10 PLAN t.- r~~y 0 5 10 SECTION - ' iI~ 1 ~ _ _ _ ~ I - li. _ _ i i i~' _L yT`~t 0 5 10 ELEVATION Carolyn Braaksma Kathryn Harhai October 1991 8 i - ll 1 J~ a ~ ~ - . ~ _ - .`41 c - ` v i~L ~o ~~~l~" ~ - .i - 'A_~_ _ y V( ~1~~~ ~ ~h~ \ X11 ~ ~ ~j ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ - ~ ~ Carolyn Braaksma Kathryn Harhai October 1991 9 Kathryn Harhai Carolyn Braaksma • 1928 East Eighteenth Avenue Denver, Colorado 80206 17 October 1991 Shelly Melto, Town Planner Office of Community Development Town of Vail 75 South F=rontage Road Vail, Colorado 81657 Re: Town of Vail Art in Public Places Vail Transportation Center Project Dear Shelh~: Submitted here for review by the Art in Public Places jury is one copy of our proposal for the Vai'I Transportation Center project. We look forward to discussing our proposal with the jury on October 25. ' Sincerely, J GL~ j j~ Kathryn Ht3rhai WORK SESSION FOLLOW-UP November 1, 1991 Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements County is not renewing contracts for ANNEXATION for annexation. snowplowing, animal control, and police (request: Lapin) services. 07/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Larry is in process of preparing documents EAST VAIL Electric to establish special improvement for formation of District. district(s) for underground utilities in East Vail. 05/07 VA/2o SALES TAX COLLECTION LARRY/STEVE: Research remedies to change Draft ordinance forwarded to Forest (request: Gibson/Lapin) this to a mandatory TOV tax collection. Service and VA for review. 07/09 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry has been asked to prepare an PROPERTY ordinance for discussion. 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. $50.00 charge for a service rendered. Needs to be discussed further after budget is complete. 09/17 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Public Works is analyzing. (request: Levine) Association would like to see a couple changes, which might include some of the lighting by Montaneros, which is too bright, and placing it in front of Gallery Row in the Treetops Building. 3~ WORK SESSION FOLLOW-UP November 1, 1991 ' Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 09/24 OIL LEASES ON FOREST KRISTAN: PEC and public review will PEC reviewed on 10-28-91. To Council SERVICE PROPERTY proceed with letter to Bill Wood 11/12/91, based on Bill Wood's outlining Council recommendations. availability. 10/29 WEST INTERMOUNTAIN KEN/KRISTAN: On the South Frontage Road, Done. SIGNS Bassingdale, and Bellflower, would some (request: Rose) sort of sign indicating TOV boundaries be appropriate? 10/29 EAST VILLAGE KRISTAN: Review material on view corridor Present findings to Council at 11/12/91 HOMEOWNER'S ASSN./ presented to establish accuracy and whether Work Session. VIEW CORRIDOR we may proceed with an ordinance at this time. ' I I Tl-IE DENVER POST ~ ~ i SECTION, , ~ ~ ~ - G: -~~.!TY'~'K~77!'~}`l~!!ryh~Mff~~t~FK~[?Y~~4~yt~47f 3X31:llil~i."{9'~Y.f~'Lllhl lr t,y7 I~IJI~ rli a f;b,~r FP'. i 'I SF h i f ~ !41 bl~l; U d . ~ ''@I' ~ I hd~. 1`~; is r ; c r t . ,t rri•rt'P } ~tt`t~ `~l.''N~!`~~1.11!~~Ib°~l$f}4~'!t~i,§.~`!Wpm„1}~:~.,~Y.~~~r'~.~~~'~i41'~~~!YAIJ(~~ ~ ~tWYlgt~l'"!~f11V~'i~'!?3xY~3!t"t~. ~~~o~~t~ ~ou~t~~ I~~ ~ f~ ~~'I~~~ : t1011~ ~ g ~ draw ui~it~rs ya ~ ~ Y r,( SI(IER VISITS ~I: , I l r ~ r<r , ~ a ~ ~ " SKIER SPEN®ING , Total number of vists to, or day At t ti a ' „ it px I' ~ ` ~ ~ ~ , U.S. s endin on skiin in 1989-90 s ent at, U.S. ski areas, in millions. 4 a 9r ~ tw ` k'' G ~ ,j {~~~q{at`}~`~~ ~ r 1', j a c i '~'y LL+ +4 tf a ~ ~ p g P rr ,~t,,s t ~t r ° Mfr ~ ~:'!r, r,,+. ~xr t t AI. in millions of dollars. Sources: United Ski Industries Assoc ,i ri` jet A ?it ;bl'u ~ t r+;~ +'r; 2t~t iju~ ~ r IS tI 1,~~j~ rt ~ix.'~rrL l~''~4{,~~~ ~p~ l~ { 4`CC. TOtal• $7 billion. ° f4 t, . pC re~ f : I ,I `t 1~ 1 rt dt 'i34~'. ~ f't"~i a 4 Y"r t~ 'r f ! i ° ~7 ~.9 Jr3.3 S+ ! s ~ ~ I t rr s k t , Oat ~~)r e t s t ~ b t,.~l Sl 9 ~ ~ P' , ~ Y ~ i ~ ~ts~ ti ~ Pt~ ~ 1 ~ 5 ~ t I Accessories t. 50 - - ' a1 { a,„ 1, ,r~+ ~ #r 41 to t t;r Ct't~~, ~ - v 6r # it +Ttl~~,~a,~rh, 4,,~,, , t ,n I ~ ~ ° aft ~ zf ta~r~ stb~ y tr ~lJ~r f. r>,r t 1, r r rt $14S MH. y nY . ,~I ;tri l+l VII ~ 1 , ~ td. ;4 ~ I nt ~ f I ,!~r~~{ISrer ~ti' .'t ~i ~at#tT~ ~ff`F ~ ay +vj~~r t~`~r~{t'~ ~7 ~ i. ~:~`~i ,m'\'r~rr \t S ,y~ r' ~ r S r „ ~ 11 ra Ir Clothes t 1'C ; ` r ' t i i ,a r. 4 C t~"a ~yyy' + +~R ~ r k r e , . t 1 r° to%t:. •i; . 1 { ,tI.F x ti ~,a ~ t. , ~ry}},~r~~ r~ ~.r~-p~ a~ ~ $630 MII. ~ 40 ~ tr r r rt n§. i~r t Cr: k`~i+tVx µr }'t!i41~~~~~`}~ v ~ r r ! i 1d r tip ~ ~ ..h I a ! t{ Yr I! 1 ;f~ as F F, t ~'~t ~'~t 1~k ~kt. aw , + \ *dr rtf tl~ra Equipment ~ ' 30 r , 65 , x ' r k ~ ~ tiz Trans rtalion, e i a f r P'In i~'.t ~ dd~}{V'~~l~~F`Se.'~r~'}J ! ~ ° ~ r 4;t"rr~ ..4~.;~ $r67s MII E. ~ loeJ in~tood' 41 ,`'a' ,,Y t ev+ ' ~i~+ln n h t ! t ( Ski lifts, 9 9, +.4 ,~a. , ~ ~ t !~i cui V;a~~aaar,~e`~h~{"rFfr''.N it~~ar t, ~ S t~~~ SCh001S. .~r~'t- r. iY $3,650 20 , t r `N FP~~~p(~~'~y`a~ ~ ~~w< ~lYif~dt It, I ° Iri~rc t~ 1' 4 r: fBntalS, tOOd•~ titi 1 fi 1 t v° , al„ ~ , 't , r 1 T1 r era M \ i l e,\r 1 i IV~ , rr ~ r , t \ t t ~i t+" y , v , t „ I ' ~},a, t ~ ~i ~~r Y Itit~1~'.Vrar~l r v I ~ri ~ 4 ~,u li,,~~,~; $ 1,90 Mtl. ~"i ~,~yt~ 'Food catered b 0 _ _ ,,~:.L n ~ ;1 i t 'td,~r~(.tn~ alt'~~ti4.{~~,~'~'~u.it"~7~I~f'~'7~5 ~ r~ air le t~ I + d, 7 y 1. z , w , t \ ~ . i,ixh? ` 1 the ski areas - 0 qq` _ ° 1 ~ "Food catered by - y. d ~,P ~ ~ ,r; ~ separate facilities ' ,,a, I'~1 f+'~' ,q ~:i1;d~ {'lld`x~ sw u n~wh ~ b d ~v,--~,x~~ -i ,.,:p~F 1' t!'.. 1. O I ~~~t'~~y ~ ~ y Sources: United Ski ` 1 ~ ,rr ~ ~ . t. ~ ~ gi G ~ Industries Assoc. ` v a ,Yr ,w The Denver PosVLeaveri Blrea The Denver Post/Leev°lt Bllee r ` G' r'i° • ° ~ tdu l/// ,y t V 1 A. Y' V ~ `t~~l~r~. '~I!l;!~J it l - rN„ ~ style resorts with thousands of acres of ift;., + na2r r r M ' r, terrain. Scotus of lifts rni Ohl lace a(:russ By Michelle Mahoney o ~~a ~ ~ r t + ~ Denver Post Business Writer t'~ ;'~~~~~~~,~t< ~~f' ` ` ~ rd , . ~ ' ~ +ayt ~R } s adjar_ent mountaintops like spindly fin- k 1 't ~ ~r' - a~';tl~ t§" gers above treeline. Funicular lifts, train- tureski. ~ ~ ~ = f Fz ;d° a like machines that can trans ort skiers in That's not. a new Soviet ver- `fi't!-~,, ~t ° n'~ +y~' i , ~ . P sivn of the latest. \\'arren Miller 0~ . ~ t, ' ~ _ ~ any weather, could he in place. film, but the pressing vision of ~~1: y ~ ~ . ,,3. y. C,. ~ I3ul unabated expansions sprawling resort operators nationwide as ,,~r' s~-r'' ~r, over (lozens of peaks aren't likely in the 'y+ ~ 1 k' ~t.:* ~ United Stales, where (1et?elr,^,;ne•,L is'ttnn- contputerizatiun, a(lvanced lift.-t.iclcc:Ling l it , ? e t ' ar a' .r ~ a t~' i ,p ~Y~Pr; 3 1101 e(1 II PIIVlrfjit r: dl:ui.-li f;l-.:n., , ,i; . s},sterns and transportation technology ,t~ tip' ~i,; ~ fA r~~ # •Y - r•' . _b,. work ahigh-Lech lransfonnation of the ~ ~ " r4 ~~t~~. land closely by the l'.S. Fvresf Service t era; ~ ; < ' ; ~ 5 5 1M~ an the U.S. Army Corps of Engineers. U.S. ski industry. r 1'r hat is likely is that by the year 2005 Imagine a day when hnyinf; a lift Lit•kct i~ iY"~t'I' , ~ +t s, . ~ t", in contrast to tvda}''s ski induslr `that is as easy as whipping a plastic card ~ ~~~b? S rk~ ~ >~tR~, I,'` ' is trintarily a cash business -the majori- r through a lift.-line sensor, ur when skiing is a~ t`' I just a fraction of resorts' recreation offer- ~ , t" `'fit III `5 ty o[ on-mountain transacliuns will be in c :•t~, done with credit cards and direct wilh- I'hcre•'ll br• hettr•r ri;ty-r•arr• vpprniurti- .y drawals from checking accounts. t The rclcrttlcss asr•ertt, n( liftrt.ir~rl. lit~c, anti un-nunrnl,tin r•uisine vptiutts Lv ti `c. ' prices will bvust a typical full-price lift replace soggy grille(I-cheese sandwiches, ticket to more than $50 a day within 10 chili and tries. 'There could even be domed ~a;t.,,; years, said Elamnterle. ski areas built in resort areas like Orlando ~t _ high-tech ticketing systems already are or Southern California, allowing year- r~ ~ w r~,?~, creeping into North America's most ad- . g g Y P F ;c I round skim near hi h-densit v tulation ~ ,•~`;w, ~ ~H•a , : , vanced resorts. At Mont-Sainte-Anne re- centers. ~ ~ a~ t~ ~fAr, , sort near Ruebec, skiers purchase ticl(ets It will he a different world aL the na- , • ,~,~.r,, z ~ 4.;, , ,;rM~ worth a certain number of points, then firm's ski resorts after the year 2000. Com- ' " f r ~ „ ~ ri computer-linked turnstiles at lifts deduct pulerization will continue to transfuriii ' ;x ii I' a given number of points per lift ride - the financial side of the business, and au- f ~ ';I more for high-speed lifts and gondolas, tornation will change on-mountain opera- ~ less for slower, shorter lifts. lions froth the 11f1.S t0 the lllttch lIt1CS. Veil photo by bawl Lokey ~ "With or without this 'vertical-trans- The biggest factor ttoldirig back resorts HIGH-SPEED VISTAS: Vail's high-tech Vista-Bahn chairlilt speeds skiers to Port-feet' method, more and more areas from ahigh-tech future is money. the slopes. will be going to some type of automated "It can be done, but it's just a matter of ticket checker," Hammerle said. "The in- - funding, who's going to pay for it," said ing, in Littleton, IY.H. "We have the tech- It's tempting to think that places like dividual standing at the base of the lift Ken Hammerle, chief financial officer for nology to create a mega resort, it's really the Vail Valley and Summit County could the resort consulting firm Sno-Engineer- a question of policy and decision making." be transformed into sprawling European- Please see SKI on 11G ~ ~ : ' . i Sunday, October 27, 1991 TFIE DENVER POST Resorts ~ch~.rt hi. h~- - ~ . tech course SKI from Page 1G able quad lift has become the in- "Those areas in the mid-size ~ ' dustry's choice for quick, efficient range that can't find a niche will . . punching lift tickets will soon be- uphill transportation. New tech- have a hard time competing," come a thing of the past." nology, like Doppelmayr USA ~Hammerle said. Winter Park is bringing future Inc.'s new DLM double-loop mon- Consolidation will continue. In pricing to Colorado by pouring ocable gondola, will enable resorts just nine years, U.S. ski resorts nearly $40,000 into its new "pref- to run skiers uphill at full speed have dwindled from 735 areas to erence-pricing" system. The pro- even in 60-plus mile-an-hour just 569, according to the United gram divides the mountain into winds Ski Industries Association. three different ticket prices, al- "Lifts are going to become sim- lowing skiers to pay graduated pler in design," said Randy Wool- In the past, because of the ex- rates depending on the amount of wine, general manager of I)oppel- parading market, areas didn't have terrain ttrey plan to ski. mayr USA. "1'he high-speed lift is. to be as soplusticated as they do here to sta but ego le are reall now, said Jerry Jones, president High-speed lifts y p p y and owner of the Vail consulting "In the very near [uture you'll refining designs to be more effi- firm Jerry D. Jones & Associates be buying skiing differently than cient and serve the demands of; Inc. you do now -buying by the ride, specific terrain. paying per hour," said John Rut- As resorts diver:;ify, alternative Industry consolidation Ier•,' executive vice president of recreation experiences like luge "Resorts that Irave that mari- mountain operations at Keystone and bobsled tracks, and even rc- agement expertise and already Resort, which is finishing a mas- frigerated sledding hills, are on t}re, have the management infrastruc- horizon. ture built will continue to consoli- sive $32 million expansion four this "Rather than just looking at the ski season. date and acquire other areas," ' Breckenridge becomes thc~ first skiing experience as being the `be Hammerle said. ski area in Colorado to install tick- all and end all' of ~~the resort expe- rience, we're starting to look at Currently, financial institutions et-dispensing automated-teller the entire recreation day," said' consider ski resorts to be an unat- machines slopeside to allow skiers Greg Cory, vice president of L:co- tractive investment, an omen that i.o skip long ticket lines. In Europe, nomics Research Associates, a San cancellation of big expansion prof- slviers pass through turnstiles at Francisco resort-consulting firm. ects -like this sum?ner's cancel- lifts, sliding plastic, micro-en- lation by Breckenridge of a plan- coded cards through sensors that "This industry is approaching al ned $75 million program -will activate the turnstiles. day when we'll see as many people' continue. On-mountain infrastructure = skiing as those ice skating, showsh-? lifts and snowmaking -has been oeing, t?iking, cross-country skiing "The costs of improvement are transformed at an amazing pace. and snowboarding," said Robert becoming so high that small areas Snowmaking systems today in- Kunkel, Winter Park's vice presr- that are family-owned and under- corporate on-mountain humidity dent of marketing. capitalized are having a tough and temperature sensors tl?at al- Big resorts will keep enhancing time maintaining a competitive luw snow crews to determine when their individual tl?emes: the Tyro- position in the ski industry," Ham- optimal temperatures for snow- lean alpine mood of Vail, the West- merle said. making occur, then activate the ern aura of Crested Butte and For now, resorts with cash and snow guns by computer from sev- Steamboat, and the Victorian min- vision are taking a slow, deliberate er•al ridges away. In the t'uture, ing charm of Breckenridge and path to providing for the recre- systems will be able t.o make snow Aspen. ational needs of future skiers. The when temperatures are higher, at Smaller areas will zero in on mechanics of the sport may re- half the energy costs of current- market niches, tau•geting families, main the same, but the face of ski- state-of-the-art systems. church or youth groups and busi- ing is starting to take ahigh-tech In the last decade, the detach- Hess groups. glint. ti 9 ~ ~~C~~ S C01.~ ~ By Joni H. Blackman the past, you had to walk past the Arena - Denver Post Business Writer where wrestling matches were going on _ ~ -«P,+ The new Temple Hoyne Buell Theatre tivhile you were on your way to the svm- ~ r, will not only pump $6 million directly phony -that's an intangible impact that ~ " : n ~ - . ~ ~ , into Denver's economy, it will have an will translate into more people because ~ - immeasurable impact on downtown, arts it's a fun place to be a part of." F ~ and tourism officials say. The image factor is more E ; The 2,800-seat theater will at- ~NE than fun and amen. Such ame- ~ ~ , ~ t~ ' =v tract audiences from an 11- pities are marketable when the ~ f r~~~ state region, visitors who will o~~~~ city is trying to lure businesses ~ ~ s ~ ~ry ~ J 1 stay in downtown hotels, eat in to town, businesses that increas- ~ ~ ~ > ~..a~..-~ ' downtown restaurants and gly are concerned with ro- ~ ~.u,_,~.~,. . probably shop downtown or at viding life's little extras to as- ~ ; ` ~ ~ ti . Cherry Creek. Maybe best of all, sure their employees' happiness. ~ "may they'll simply BE downtown, Downtown is most likely to be ~ A ~ creating long sought-after am- ~ changed by the debut of the 4 ~ biance for the city's struggling Buell, said downtown activist a ~ , ~ ` ? ~ . core district. Dana Crawford, if it causes the a 3x - -y` "Those indirect impacts city and the region to appreci- ~ ` .F haven't been measured with any ate what a jewel Denver's arts ~ ~ " ` - accuracy, but there's a tremen- complex is. ~ .dous potential that they will "It isn't just one theater, it's ;E, make downtown Denver a more ~ ~ + tl:e completion of the sec^nd- vibrant place at night," said largest theater complex in the ~ < - _ . - John Fleming Kelly, chairman of the U.S. If it's promoted the way they.plon ' ~ Foundation for the Denver Performing to, it will have a major impact on down- ~ Arts Complex. 'town," said Crawford. t~.u-. ~k~':i.x Y The Buel), isn't going to bring simply .The theater also may help to attract ' dollars and cents to downtown, but some housin downtown, as well as satellite 1~ ~ z 4 " sense of class, too. activities such as the National Conserva- - "Itwill be a real event when you go to tory Theater that has moved in near the rr.- .enver Post ~ John Leybe the theater now," said Tom Mobley, the ~~e?~~a f~~~ L ~ ~~~3~t Corneliu Murgo, left, plays Otello, and "r Emma Izzo city's theaters and arenas manager. "In Please see THEATER on 4G d'Amico is ~esde~~,ora in the u;;coming Otello production. 46 THE DENVER POET r to boost ecoom 1 gate y THEATER from Page 1G Flrst-timers , ~ , or the Colorado Symphony. And complex. "About half of the 246,000 people Downtown hotels and restau- ' they'll certainly eat several meals '.But not everyone is so sure that v~ho come Lo see smash hit "The rants also are anticipating wind- ~ i out. a ,city the size of Denver can sup- I hantom of the Opera," whrch faljs from Buell audiences, in the The Convention Bureau figures port so many theaters. runs for 10 weeks from Nov. 26 to next 10 weeks and beyond. The in- ~ • ; that each of those out-of-towners "It's a reat venue to have in the Feb. 2, will be new arts-complex crease in traveling shows will ere- ~F x will drop about $127 a day in town, downtown market, but I think uli.i- patrons or even first-time live-the- ate demand at hotels to house~h~ M ~ fK~ ~ not including the price of their the- ater- oers. If the like the shotiv, cast and crew and the people ~ ater ticket, mately it will be a challenge in g y ~r:"°" come in to see them. About half of t this market to consistent) fill the theater, the experience, they'll ~ r` j ~ ' y weekend audiences at "Phantom" ~ ~ Restaurant packages both big theaters, the Auditorium want to come again and again to and the Buell," said Mitch Ger- various productions from the Audi- are expected to be out=of-towners. ~ 1 The restaurants are ready with shenfeld, ti:e performing arts di- toiium Theater to Boettcher Con- Marketln Denver Copenhaver Crawford park, eat and shuttle packages to cent Hall to the Arvada Center, 9 cut down on parking problems and rector at the Arvada Center for <i arts directors said. :The great thing about it is you out of state, said Garner. "Thats 'plans to increase their staffs be- tlie Arts and Humanities. , want downtown Denver to be per- because this production of 'Phan- More and after the theater. Reser- There is some hrstorical prece• `All of the attention draws high levels of awareness that there's a . ceived by New Mexico, Nebraska tom' - a duplicate of the one in orations are already being taken dent for optimism. When Colora- wide variety of events, including and Kansas as the place to come New York -doesn't play any- for "Phantom" shuttle packages at do s pioneer miners came to the state in the 1800s, they lived far thG symphony, available," said for cultural events and shopping," where between Boston and Den• '.Zenith, including one from a man months in flimsy tents. They spent Jim Copenhaver, executive direc- said David Pease, general manag- ver, except Chicago. All of the 'who is bringing 26 members of his ajl•of their money to build Central tor; of the Colorado Symphony Or- er of the Marriott downtown and (Southwest will never see 'Phan- ifamily to the show for a Christmas chQstra. "The arts have a small chairman of the Denver Partner- (tom' unless they see it here." present. City's first permanent structure: << market penetration now and most ship's tourism committee. The The Denver Metro Convention Jim Hren, manager of the Euro- an;opera house. ;~"I'm always amazed when we people don't take advantage of any thing the Buell does is when we're and Visitors Bureau isn't waiting pean Cafe and.A] Fresco, expects sill out every show," said Robert of ~.he activities down there. Any- promoting things that no one else for people to find out about the a 30 percent increase in business _ Gainer of Center Attractions. "We thing that increases that helps us has, we can go out and talk about show and the theater by chance. thanks to the Buell. He figures pa- do'twice the business Houston in the long term." having the second-largest theater They've organized afirst-ever, 11- trons will valet park at his restau- does, and they're a city twice our Mary Underwood, executive di- complex in the nation and the set- 'state regional blitz to market the rants, eat, walk to the theater, re- siee. Idon't try to analyze this, I rector of the Colorado Ballet, ac- ting is just like if you were go- production and create an aware- turn for their cars and have some knowledges that pricey Phan- ing to see it in New York City." _ Hess around the west of Denver's dessert or a late snack. just thank my lucky stars we have „ a;loyal theater-going public here." tom tickets, costing $25 to $60, Same trips already are booked. newest atl.raction. "We may )rave to increase our Garner expects to hrog in abort may be chosen this holiday season Tickets have been sold to people Officials expect skiers on their hours; but I woul_dn't. mind at all. $20 million in the Buell's first over tickets to the the Nutcracker, from Wichita, Albuquerque, Oma- way to and from Aspen and Vai] to We always get theater business, y2ar, revenues that will mean $1 with tickets $6 to $32, But, she ha and Cheyenne for "Phantom," stop downtown overnight to see but this will cause a bigger im;~act mullion for the city coffers in seat- takes the long-range and positive which is a wider draw than usual. '°Phanton."'t'hey figure that espe- because it's a better theater and taa' alone. The city charges a seat views about the new theater, in "We've never had so many from cially during the Christmas shop- better plays will be coming to it. taX of 10 percent of each ticket ~ which the ballet will be perform- ping season, most visitors will Once people come downtown and sdld at cit -owned facilities. ing' Cinderella Nov. 7 and 9. bring their wallets to downtown see that downtown isn't a problem, y 'When we perform in the Buell, , and Cherry Creek mall stores. they will come back more often. that will be the first time many They might go seethe ~~ulcracker That's all anyone could ask for." people will have seen the ballet, and hopefully they will come to other performances," said Under- wood. Sunday, October 27, 1991 I III. IJI.Hb'I'.It I ~!:,I ~ / ~ ~ ~ .S b.'_ c,,h',_s-._~;~.~s"i:•-~~.'°~.'~..','.-~ut~s,i'1~.i.81:....a::-. {.~~r:;;' 3; r, ~ .c s~': viz: Sr - :ar~.i~:l_ .:i~r_S,e;.:;::i;asi:',._~:.'~,. ~ ` - - r ~ ,r II - r r ~ _ ~ ~ - - . \ At last. _ ~ ?',1Y9,~. ~ ~ mar' ~ Opening ~ :c-~ : ~~z~ ~ ~ a ~ ~ r ~ t~ ~ r~ ~ ~ ;ij ? r a~ + ~ ult. r ~ i tc. dt . ~+'i, ~ ,y ,`re, ,I1 nl lit ~~or ' ~ : l ; ~ , ~ +`r~..~~ tip, ~ ;h~.~\, . , I 1, t f,~' F we r j r~, r new Buell ~ ~,r(~+/]`(; ~ ~ ~ ~ ~ ~ • , ~ By Jeff Bradley ~,~1` J+r : f+: y~~~ t , 0 ' ~'f~ nY -,l'rr.. r ~-,~1.'•:f s,:cM~' , 1 ~ I 1 U~nwm Pned t;nbe ,,1 L:uqu ,=Yl~ ~ I ~ 1eI J - uric ul lh,: Nil;hC' lakes wl 1 -f• ~ ` on a new meaning this t tx''J'f` l .w ~ k week, when the $28 mil- 't r ' l ,l ~ (~r7 ; , + lion Teml le Moyne Buell ~ ~,~{s~ ,di! t lr ~ ~®1 Theatre mns within the , r ! .J ;)<~!I~IA, 1 confines n[ the old m +c~ ern flavored i 'R v y, I , i. 1, Denser Auditorium Aren:r where hulk M' :4~' : rat' ge, ~ _ i h. Mogan once stalked. 4,~ r' G - ~ - ~ - i ,~,~f , ~ r Built with "'Phe Phantom of the n, ~ 1. • Opera" in mind, the stag:-uf-t ha:-net tbra[aa' has caught the u.~riuu's r.~ r.. ? r.d' ~ 1 •i. Nut only milt Friday rr.ghl's inaugu- t d r• 'tit M ~ ~C , y,~, + l r rat gala be televised coa ;t-U,-coast un S'<~" ' ' i, t:, , the A&E cable network, the Buell . i~rt f rl make. the 17enver Performing Arls , .'s,:' fii., `;4 Complex the second-largest in the corm- ~,w', :;i;l ~ ~ . Vii. tr}' after Ncw• York s Lincoln Center ' l) ni. ~.>r~~ , 'I'the'2,R:f0 scat [healer. financed by a i ;,A, . \ ,^i h ` t s. ~ ) 19H9 bond issue and ~ J i c built over the last ~ ~ ~+5,? `~a`f >5 rr - THE` 18 months, chat- ~ i \ ~ l" ~~L~~~1~~ Icnged sna+e of the 'f. 'F L country's finest ar- • '1 { e[ tr ,.\.uf chitects and build- G ~,M1F. 7''. ' crs.'fhc task? To i accormm~date both q' ~ r ,t big Broadway rnusi- eels and the natural , r' ryl • ' i', acoustics needed 1 ~ tf~1 ~ - t,. E,l fu o a bal- e era nd tot: .c.~ P + . Y<• le t. ! '1'heirsolutions r1a•r ,r a a ' s ~~~L to to nin* n , b• 1~iE~E '1'hc walls and ~ ~ '~~;n. proscenium arch ~ - an• lined by rover- ~ . hereof ruse- and butt-colored sand- stone, quarried ah hour's drive away in me oenvec Posu John svnaone~d Lyons, which can be covered up for shows that rely on electronic amplifica- GALA Performers include, clockwise from top left, Rob let Ryoko Shinozaki, Colorado Ballet; Bobbie Hill, Colorado lion Kissinger, Colorado Symphony; Belinda Beth, Colorado Bal- Symphony; and Patricia Renzetti, Colorado Ballet. "It's like Red Rucks. You can feel the connection with real materials," said Roger Morgan, a design consultant from Ne+v York. Complementing that rough-hewn tex- ture is a wide-open feeling that starts with the theater's glass facade, which spurts seven intimate Romeo-and-Ju- Iiet balconies jutting ont into the sand- slonc-p,rvcd (::rllcria. The mood cunlin- ucs in the spacious Ihrec-level lobby with its thunderbolt skylight and flying stairwel Is. This glittering vision, now the center- piece ofthe Denver center, replaces what had been a blank 200-foot-long but had no takers." ¦ The orchestra pit rises and falls theater is spec'acular," boasted Tom brick wall. That may be the Buell's most unusual out of sight on a slinky device; Mobley, direr?:.r of theaters and arenas Linked on one side to the old Audito- feature, but there are others: ¦ 9'he wooden stage lies on rubber Cush- [or ttte city, u9uch owns the arts complex. rium Theatre (due afade-lift next year) ¦ The 91-foot-high proscenium arch is ions providing resilience for dancers; Robert Garner, who Iris been bringing and on the other by a u,:w glass pavilion removable, and will be lifted out of the f There's a special steel girder in the Broadway to Ueuvcr sinre 1961, plans to to Boettcher Concert hall, the Buell way when "The Phantom of the Opera" ceiling to support the 1,200-pound chande- use ltte Buell for all his ~~msicals, while was built within three walls and the opens Nov. 26 -Andrew Lloyd Webber's tier that descends over the audience in continuing to book strailt;d plays into the root of the old arena. In fact, the 6-by-..'~ :..show features a false proscenium across "Phantom"; Auditorium Theatre. 10-toot basketball scoreboard is hidden wfiich the Phantom walks at one point; ¦ Every dressing room comes with toi- According to designer Morgan, Denver behind a wall over the stage, said Jim ¦ Acoustics can be fine-tuned by drop- let and shower; now goes top of the list Eor Broadway try- McGibney of PCL Construction Ser- ping sound-absorbent banners from the ¦ And for the first time in Denver, outs. vices, the main contractor. ceiling once the lights go out; there arc 14 boxes (two o[ them tecl+nic:+l) "There are shows that will come "By the time we dropped the three ¦ Above the stage, there's room to hang on columns set out from the side walls so straight to Denver first. They're always old floors, we decided to leave it. We of- 90 pieces o[ scenery from the flies (the theatergoers can see-and-be-seen. feted it to anyone who could remove it elaborate "Phantom" only needs 32); "In aesthetics, ambiance and Feel. this Please see BUELL on 8D 81D "1•IlE DENVER POST 13ue11 desi. ne~l for a coz sense of inti~nac g y ,y with removable chairs t accom- Bl1ELL from Page 1D ' ' q When the audience arrives house li hts will modate those in wheelchairs and looking for a ll+eater that's won- , their companions. der[ul to open in, with great space focus On the towering sandstone wa ls. 131.1 t• "We've really attempted to un- backstage and an enllwsiastic au- derstand at a primal level what dience well away from New York just before curtain, there will be a subtle shift disabled people care about -they hale more than anything to ask for or For over a year, technical staff to screens much louver down. YOU'll feel that help," said designer' Morgan. members from "Phantom" have the room has gotten smaller. The Buell story doesn't slop at been commuting to Denver 'to the Gallcria. moke sure the new theater Is The arts complex Is being linked eyuippcd for their high-tech show. to the 16th Street Mall by enlarged lrr addition to the 12-inch steel acoustics. So consultant Lawrence of them under cover, wl+ich means sidewalks, special lighting, signs beam that will support the Kirkegaard has installed small Broadway Shows can save a couple and informallonal kiosks along $250,000 chandelier with its 10,0110 bidden speakers over those seats of days setting up and dismantling Curtis Street, said Andrew Wal- crystal beads, extra steel was with a computer-controlled, milli- -extra clays fur performances, lack, city director of bond proj- needed for the show's baroque second delay to trick listeners into lowering overall costs. ects. false proscenium, which extends thinking ll+ey are hearing voir_es Designers are especially proud And fittingly for a town ttrat over the orchestra +l. from the stage. of the wa 6andica ?ed eo le P• Y PI P P now sports aslate-of-the-art. fhe- "We need to push li out to gain '1'herc are also minl-speakers In will be made wclcuu+c al the aler, hits from Broadway nn+si- r~~ore stage space for scenery," fire railings around the orchestra Buell. cats, such as lt+e "Phantom's" said technical supervisor John pit to help those siUing in the front 'p?+ere's a wireless infrared "Music of the Night," will rise Paull III. "It also has a number of rows, a well as sophisticated headphone system [or the hearing- from fire pavement (through hid- tricks built into it that go along speaker clusters around the hall. impaired, and boxes on each level den speakers)! with the plot." Of e:ourse great claims wrre ~ C7 ~ made for Boettcher Ilan when it Visually, the Buell has a western °I'e°ed in 1976, and people have look with its sandstone panels, cop- g+ umblecl about its inadequacies per railings and teal-colored seal ever since. So no one knows wheth- fabric and carpeting. It's not re- er the Buell's $2 million acoustics mole and cold like the circular syslern, including two sound-dif- Bocllcher Ilan, nor dark and fusing waves in the ceiling, vrill cramped like the Auditorium The- w°rk until there's a show and an a?re or the Paramount audience to test il. Others fear. sighllines may be constricted on Designers came up with some the sides or in the balcony, or leg ingenia+s ways u[ creating an illu- room won't be sufficient. sinn of intimacy in the 2,1130-seat 1'he stage is an ample 123 Feet Bi,+ell, which by most standards is wide, which should be sufficient to a very large theater (Broadway accommodate the large sets used theaters are in the 1,900- to 1,900-. in tom•ing Broadway shows. seat range). But it's also off-kilter. Stage left or one thing, nearly two-thirds is cavernous but stage right is of the seats are in the steeply rak- cramped, a fact Opera Colorado edl orchestra, the place people ask director Nat Merrill spotted right for first at the box office. away. "We'd have liked a little Rows in the middle section can- more offstage room on the right tain 25 seats, and the two smaller side," he said. side sections are elevated to make It was Merrill who argued for an people feel they have an advan- expandable pit large enough for a tage, Morgan explained. full-sized orchestra of 70 or 80, re- Iiows are banana-shaped so you soiling in two rows of seats being can't see either end. When the au- removed. "We're thrilled to be dience arrives, house lights will fo- able to lave some extra space - cus on the towering sandstone althaf,gl+ I still don't think it's big walls. But just before curtain, enou6l+." Deere will be a subtle shift to Merrill also noted that the " screens much lower down. "You'll Buell's dressing rooms, with space feel Thal the room has gotten for 74 performers to make up al smaller," said Morgan. one time, cannot accommodate 'Ib convince ticket holders in the grand opera casts twice that large. 1:?-row balcony that they're not in As a result, there will be some the realm of the gods, the first spillover backstage in the Audilo- thing they will see upon entering; is rium for performances of Verdi's the- stage, and each step toward "Olello," starting Saturday night. . their seal will bring Them closer, On the plus side, two hidden giving a psychological boost. bridges under the ceiling provide 'f i+e balcony overt+angs the rear easy a~:cess to stage lighting. of the mezzanine, affecting I.he Ti+er•e are six loading docks, two 2~ THE DENVER POST ~ P Sunday, October 27, 1991,. ' ` Y P . u~ e~~r~e ~~et~c e~ a l ~ ~ ~ ~ 1 ho~h ®ve~cae ~cu~t ~~e~ ~ ~ ~ ~ , . B J. Sebastian 5inisi throw h optical, economic and le- wtth errors, but lowin nonethe- ~ Denver Post Scoff Writer gal minefields. Along the way, less. e~ Both Boettcher Concert Hall, critics charged that DCPA chair- ;'hrough it all, the emerging ~ " ° ~ t ~ which launched what is now the man Donald Seawell, president DCPA was hailed as signaling a ' ' Denver Performing Arts Complex, and publisher of The Denver Post new cultural era for Denver to ~ ! and the new Temple Buell Theatre at the time, had misappropriated parallel the economic and sports ~Q`~®~, ~ have had difficult births more than Bonfils Foundation funds to assure attention that had put Denver on 13 years apart. completion of what they claimed the map. ? , With its 2,800 seats and capacity would be a monument to Seawell The boom was in its final stages ~ ~ i for major Broadway shows and and an expensive white elephant when, early in 1983 and in the clos- ~ ;"a~1 , . .';i~1~: megaperformances in music, dra- for the city. ing days of the Bill McNichols re- rt,e Darner Post r Lyn atweio. ; ma and dance, the $34 million The opening, however, was a gime before Mayor Federico Pena CNAR9~gS ilNSB~1CHER: Using shell of the J©NN FLAMING KILL`!: He successfully; Buell Theatre brings total seating smash. In the national media zoo took office, plans were laid - by Auditorium Arena building saved S11 million. worked around a S6 million funding `Catch-22.' . in the complex to 9,212 to make it that covered the gala, the New what was called the "Garden of second in capacity only to New 'York Times' music and architec- Gods group" (named after their city council was disenchanted due aesthetic renovation. `'Had we not added that the project "was con-~~ York's Lincoln Center. tore critics were complimentary. meeting place) - to complete to frequent changes of plans and used the shell," said Performing stantly in need of direction. But in. ' Take away a few dangling mo- So was nearly everyone else, original architect Kevin Roche's doubts about whether the project Arts Complex director Charles the end, afirst-class design that ' biles, in fact, and the Buell offers though local critics counted for vision for the complex. would move forward," said Rack- Ansbacher, "the theater would could have been compromised sev- smaller-scale visual echoes - be- less in the cosmic scheme of well, who headed Denver's Urban have cost $45 -not S34 -mil- eral times was preserved." fore a single note is sounded - of Things. X100 million investment Renewal Authority when DURA's lion." Attorney John Kelly, chairman ' the Philharmonic Hall interior Boetycher Hall's launch came at Pith the Helen Bonfils theater Skyline pjoject razed 27 square Desi Hers lined u of the Performing Arts Complex. that was Lincoln Centers first ahead time for Denver. With the com lax and several smaller then- blocks ad'acent to Lower Down- 9 P Foundation, had to work around a . component. energy boom in full swing and tern, the complex with the Buell town. Cleveland-based van Dijk, John- "Catch•22" where more than $ti ' Hailed as a world class facility firms moving to the city, down- facility now represents a total in- "It was difficult going with lots son & Partners were retained For million in private funding had to ; by supporters, the Buell is seen as town sprouted enough new glass- vestment exceeding $100 million. of `head knocking.' The design the interior theater design; New be in place before public money a culmination of several civic and-steel towers to look like an But completing the Bue11 plans team was in place early in 1985. York's Beyer Blinder Belle firm was released, and vice versa. He projects that have restored an up- outpost of Houston. Concurrently, didn't come any more easily than But the entire project was in jeop- for the lobby and facade: Chicago- secured that funding with major beat mood to Denver after several Denver's sports teams -that did the original Boettcher Hall. ardc ;e~,-era: tip,:es before we fi• based Kirkegaard & Associates help from the Coors, Gates, Boet- years of local economic recession. have more to do with cities being Squabbling over design, costs Wally got all the parties together to firm for acoustics and the Denver leper and El Pomar foundations: Milestone road rock on the map than arts aficionados and architects nearly scuttled the agree on a plan late in 1987," architectural firm of Semple, Interior demolition on the Audito-," Y might care to admit -also were project more than once. "For Rockwell added. Brown, Roberts for renovating the rium Arena began in February,.'., j Denver's mood was very nearly riding high. nearly two years, the project was The agreement called for not exterior of old Auditorium Tl;e- 1990, and the Buell Theatre debuts, I euphoric when the $13.2 million In what was a psychic high- a .moving target," said Bruce razing the structurally sound Audi- atre, first completed in 1908 for Friday. Boettcher Hall opened on March 4, water mark for Denver, Time Rockwell, vice chairman of the torium Arena, as ~;riginally sug- the Democratic National Conven- "I've been in Denver all my life 1978, with composer John Green's magazine, the Wall Street Journal Performing Arts Complex Founda- gested. Instead, the sheii of that tion that rcminated ii~illiam Jen- and have lived through a number.' ; "Mine Eyes Have Seen." and the venerable Atlantic, among tion and former head of Colorado building -begun before World Wings Bryan. of important projects for the city," But the road to that milestone in others, all used the Boettcher Hall National Bank. War II and completed in 1952 - "Using seat-tax city money was said Rockwell. "This one is proba-. Denver's cultural maturity was hook to discover Denver as never "Even after the city Floated a would undergo state-of-art stage, another part of the equation," said bly the most satisfying because it": rocky. In stops and starts, it ran before with coverage often filled $26 miilion bond issue in 1984, the seating, acoustical, sight-line and former Pena aide Jim hurray. He was so tough to accomplish." : ' I I -r~~ alp rod I~~~~l .~eS ~.r~S ~o~ eo ~e ~~.~e ®e ~ ~ ~ ~ ~ ~ By J. Sebastian Sinisi accessible to the people. pings at the Bonfils Theatre, 'Miss Julie,' Granada TV in Manchester. Sarson recalled, "that we were building an ' Denver Post Staff Writer Which is why, after the pomp and cir- Shakespeare and `American Clock.' It was Sarson and Evelyn Kaye, from the Man- audience for sustained serialized drama," At age 56, Christopher Sarson, the man cumstance of the Buell-Performing Arts a feast that nobody in New York would Chester Guardian, were married in 1963 After Mobil a~as secured as a sponsor, Sar- who launched "Masterpiece Theatre" and Complex gala opening is past, Sarson have had the guts to present three nights and sailed to America for his first U.S. son was able to launch the long-running who is the stage boss producer for this would like to see the Galleria area grade- running." post at WETA educational TV in Washing- "Masterpiece Theatre" in January 1971. week's Buell Theatre opening gala, freely ally transformed into something more He added: "I've seen extremely fine per- ton, D.C. His WETA shows dealt with "my Three years later, he left WGBH to be-' ' admits "I still don't know what I want to along the lines of the "festival markets" at formances here that sometimes play to two big loves: music and children," he come an codependent educational TV pro- do when I grow up." Boston's Quincy Market or New York's half-empty houses. What amazes me is said. ducer while continuing his connection with Sarson isn't one of those Englishmen im- South Street Seaport. In short, what he that people don't seem to realize how good the Boston Pops. Success in BoStCCI Last Januar Denver Center for the; ported to lend cultural window-dressing calls "a people place." the arts can be here. Y~ I far gliterati gatherings and for the benefit Sarson, who finds it "a bit ironic that By 1968, Sarson was at WGBH in Bos- Performing Arts board member Ji11 Craw ~ of closet•monarchist Americans ~vho fawn Low-icey self-image Denver thought it needed a New York pro- ton, where he revamped "Performance" asked Sarson for a proposal on launching over British accents as if 1776 never hap- Sarson, whose opening-night production ducer to launch this show," was born in from what he described as "a half-hour the Buell Theatre. He came out and, in his. pened. to be aired nationally on the Arts and En- 1935 into a family headed by an accoun- yawn with four guys sitting around in tux- own words, "fell in love with Colorado." Without even trying, Sarson, who has tertainment cable network could do for tant. "We didn't move into the middle edos" to the lively "Rehearsal" that fea- After commuting from New Jersey for lived in America since 1963, can radiate a Denver's cultural community what Bronco class until we were evacuated from the tured previews of performances in the several months, he and Kaye decided 'to David Frost-like charm that many Ameri- blizzards have done on Monday night foot• part of London that was bombed to rubble Boston area. Hosted by Newton Wayland locate here, Early this month, they closed cans find so reassuring in the arts. Frost, ball, thinks Denverites don't realize what during the blitz," he said. from the New England Conservatory of on a house in Boulder, where their oldest in fact, was with Sarson at Cambridge they have artistically. At Cambridge, he planned to be an ac• Music, "Rehearsal" was well received, son already lives with his farniiy. when both were members of the Foot- "A sense of `inferiority' isn't quite the countant, but "after two years of econom- While directing performances by the After the gala, he plans to work from; ,.lights musical group. word I'd use," he said of Denver's self-im- ics and law, it was obvious I wasn't cut out ;ioston Pops orchestra for live TV, Sarson Boulder. "In the TV business today," he, That was after Sarson's early years in age. "Denver's attitude toward itself is for that." He graduated with a degree in called WGBH's attention to a trend occa- said, "you no longer have to be in New the slums of London's East End, an experi- very much like Canada's in that it doesn't music and law and landed a job as musical sloped by New York WNET's "Forsythe York or Boston or Washington. All you re- :.ence that may have something to do with realize how good it really is. I was recent- director of the famed Old Vic dance Coco- Saga" and the also-popular 39-part "Civi- ally need is a phone, a fax machine and;to', "his abiding haliaf that fha arts might to he ty able to enjoy; nn three successive eve- pang in Bristol. It led~o a directing post at lization" series. "I argued strenuously," be an hour from the airport." ..i.h1~i.~~..... ~ i i....:.1~:1-a..°.S:.,i:: a~~4iii'6. F~ t~° ' ~ i ~ I ' i 14D Randall will host ~y' • Frida ala r Y~ or theater ' ~;t. ~ ,3; ' ~.i~ y/'/ 3 4~ ~t~iD® 4C®UPLE': Tony Ran- J. , doll, left, and Jack Klugman ' ~ ~ C~ starred in the hit TV series. a ' • 4 • y , ~as~ ~ l~icl~ talent y-~ yet ~®r gala GALA from Paye 1 D chorus, and Otello's dramatic RAPr1DALL: He'll sing 'Have " "Esultate!" entrance. The opera Some Madelra My Dear.' will open Saturday in the Buell, 'the theater's first full production. ¦ The Colorado Symphony, un- sy me Denver Post der pops conductor Newton Way- ost Colorado pros- I land, playing John Williams' pectors searched ~,~i ~ ~ "Cowboys Overture" and the [or gold in the lulls ' ~ world prcrniere of CSO I,impanisl. But Tony Randall 1 William I lip's "A New Uircction." will discover anoth-' + ¦ Colorado Itallet performing er kind of gold when he comes to ; an excerpt from the energetic all- Colorado on Friday to host the In 'male ballet Troy Game.' augural Gala at Denver's $28 mil-;;`'; ~ Also scheduled: lion Temple Boyne Buell Theatre: ~ ~ ¦ Cowboy poet Baxter Black, Ile'll mine the state's cultural ~ telling a comic story with guitar riches in "Spotlight: Colorado," a s I accompaniment. showcase for Colorado perform- ! ~ ¦ Actor Tony Church Irom the ing artists from singer ban Fogel i i Denver Ceuter Theatre Company berg to violinist Eugene Fodor i .reciting Shakespeare, Shaw or A one-hour telecast from the - ~.N ~ some other piece v[ clas~:ic Lnglish show will be carried live by KUSA drama befitting the occasion. Channel 9 at 8 p.m. and relayed ¦ The Eulipions theater troupe coast-to-coast on the Arts & En- I in an excerpt from its i?it sltow, tertainment cable network. "Gospel at Colonus." The first ticket-buying audrenee ¦ The Colorado Children's Cho- in the 2,830-seat theater will.see: '~`".d~ :.4h; ~ tale singing "Getting to Know Randall, best known as Felix Un-~ °i. ' ~ You" and an extract from the mu- gar in TV's "The Odd Couple," not•{t~ I sisal "Torn Sawyer." only prospecting his way through r ~ ,4' • ' ¦ 'Cwo singers from Central opera and ballet. He'll also smg ~ i City Opera, Karen llunt and Louis the old comedy song, "Have Some = ~ ~ ~ Otey, doing the "Willow Song" and Madeira My Dear." I "Warm as the Autumn Light" Christopher Sarson, a veteran :'.a;~~t ~ [roar Douglas Moore's opcr~a 'The ~ TV producer whose credits in Sf,~ ~ Ballad o[ Baby Doe.°' .:elude"Masterpieces-Theatre"and,±;~ ~ ¦The Blue Knights drum and "Live From the Met,"said other ~ ~ bugle corps taking part in the acts in the 2'/i-hour gala include. i openrng national anthem. ¦ Folk-rockei Fogelberg smg,, , ¦ Members of the Colorado ing hrs hrt "Leader of the Band" I Symphony Chorus, Opera Colorado with a brass quintet and guitar, ~ Chorus and lion Baptist Choir. ".ahen "Bones in the Sky,";a tribute ~ ~ There's also a chance one or two to painter Georgia O'Keeffe, with , ~ surprise guests might show up at rorchestralaccompaniment: the black tie-suggested event, ¦ Fodor playing the "Scherzo which starts at 6:30 p.m. Tarantella" by Wieniawski; with ::orchestra. accompaniment: ¦,Opera.Colorado performing - .the dramatic first six minutes of Verdr's'.`Otello,".with its huge Please see GALA on 14D ` r~ fir, i~ ~I p 4.. ~fi?• l f Q ~I E ! ' ~OG~dB~RG: The folk rock-` ` er performs at the gala. , ' THE DEi~TVER POST ~ Sunday, October 27, 1991 1 tin ~h~ drum fir hip ~ir~1: live live theater Randal lbea 1 By Jeff Bradley More recently, he's been a TV Although best known as a comic the Feydeau farce "A Little Hotel out seeing it. So we're doing it and, Denver Post Critic-at-Large talk-show guest and potato chip actor, he's donf~ Shakespeare and on the Side" and direct Ibsen's we're already in rehearsal. Will the real Tony Randall salesman, intermission commenta- Shaw and last year took over the "The Master Builder." "People ask me, `Will anyone please stand up? for on "Live From Lincoln Center" dramatic starring role in Broad- "This country has never had a come?' and my answer is that with' The host of Friday's Buell gala and an expert on Texaco's "Opera way's "M. Butterfly." classical repertory theater, never one newspaper ad, we've attracted will forever be associated with the Quiz" during Saturday broadcasts His life-long dream has been to had a national theater. Every oth- 27,000 season subscribers -and neat and nagging Felix Ungar from the Metropolitan Opera. focus on the classics -and now er nation has this," Randall said of we haven't even opened yet!" from "The Odd Couple," one of the Despite all that, :Randall's first he's doing something about it as his current passion. "It's as if we The list of actors Randall signed; funniest TV sitcoms ever. love is the live theater. Born in founder and artistic director of the never had opera, never had ballet, up may explain the interest. They; He also starred in the 1957 film Tulsa, Okla., 71 years ago, he National Actors Theatre, which never had the symphony. include Lynn Redgrave, Martin; classic "Will Success Spoil 1Zock made his Broadway debut in 1941 opens Nov. 21 at the $elasco TI}e- "All my life I've been waiting Sheen, Michael York, Fritz Weav-~ Hunter" and was a sidekick to Do- in "A Circle of Chalk" and later atre in New York with a produc- for someone to start it because I er, Jack Weston, Earle Hyman and:• ris Day and Rock Hudson in "Pil- appeared with Ethel Barrymore in lion of Arthur Miller's "The Cruci- want to be in it. But I finally real- Mary Ann Plunkett. "They're the; low Talk " "Send Me No Flowers" "The Corn Is Green" and with Paul ble." ized that if I didn't do something best actors in America," declared' and "Lover Come Back." Muni in "Inherit the Wind." After that, Randall will star in about it, I'd go to my grave with- Randall. ~ f 1 ~L~~? ~NOV 11991 Contribute to Colorado's Ski Heritage r ~ ~ ~?al . . Colorado Ski Heritage Center / _ ~ / November 1, 1991 Mr. Ron Phillips Town of Vail 75 S. Frontage Rd. Vail, CO 81658 Dear Ron: On behalf of the Board of Directors, staff, and Docent Committee of the Colorado Ski Heritage Center, I am writing to thank you for all your help with the relocation of the Colorado Ski Museum to the Vail Transportation Center. We are grateful to the Town of Vail for all that it has done. Without its generosity we would not have a beautiful riew facility to showcase new exr~bits, We look forward to opening for the winter season on Saturday, November 3~. Winter hours at the Colorado Ski Heritage Center will be 10 am to 5 pm Tuesday through Sunday. You are lucky to have such dedicated and outstanding employees as Mike Rose, Andy Anderson, and all the public works department crew! I don't know how we would have accomplished the relocation without their help. We also appreciate your help and the work of Todd Oppenheimer transporti the Bradley Packer Grader and i3S Army Weasel to Grand Junction for renovation. After they are restored, they will make a fine addition to + pocket park at 15 Vail Road. Thank you again for your interest and support. We plan to make the Colorado Ski Heritage Center - Ski Hall of Fame the best in the countr~,~! Sincerely, COLORADOO SRI HERITAGE CENTER ~ 5 ~ `G~~c. C Christine S. Scrip ~ t'~-~ Executive Di>ector . (0 fl. cc: Mayor Kent Rose Va i l T r a i l - ebtLtc~'.~ a Vail Daily i Avon Beaver Creek Times ~ f /css The Colorado Ski Heritoge Center Ski Hall of fame FO. Bcx i976 • Vail, Colorado 81658 • 303-476-1876