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HomeMy WebLinkAbout1991-12-03 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 3, 1991 7:3A P.M. AGENDA 1. CITIZEN PARTICIPATION. 2. Consent Agenda. A. Approval of Minutes of November 5 and November 19, 1991 evening meetings. B. Ordinance No. 41, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A - requirements for SDD No. 4 that concern the development plan for Millrace IV, Scenario 1, a/k/a Cosgriff parcel; and setting forth details in regard thereto. . (Cascade Village) ` C. Ordinance No. 46, Series of 1991, second reading, an ordinance amending the Plan Document of the Town of Vail Employees' Pension Plan; and setting forth details in regard thereto. 3. Ordinance No. 45, Series of 1991, first reading, an ordinance repealing and reenacting Chapter 3.40 -Sales Tax of the Municipal Code of the Town of Vail; and setting forth details in regard thereto. (The changes to the sales tax ordinance do not change TOV's existing tax base.) 4. Ordinance No. 47, Series of 1991, first reading, an ordinance amending Section 18.52.170 -Leasing of Parking Spaces, of the Vail Municipal Code, and setting forth details in regard thereto. (Applicants: Peter Jacobs of Days Inn and Alan Lufarger of Thrifty Car Rental). 5. Resolution No. 23, Series of 1991, a resolution declaring the intention of the Town Council of the Town of Vail, Colorado, to create a local Improvement District commonly referred to as "Utility Underground District No. 1 within the boundaries of the Town of Vail for the purpose of converting existing overhead electric facilities to underground locations; adopting the details and specifications therefore; and ordering publication and mailing of notice of hearing to the owners of the property to be assessed for the improvements in said District. 6. Adjournment C:WGENDA.TC 1 VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 3, 1991 7:3Q P.M, EXPANDED AGENDA 7:30 p.m. 1. CITIZEN PARTICIPATION. 7:35 p.m. 2. Consent Agenda. A. Approval of Minutes of November 5 and November 19, 1991 evening meetings. Shelly Mello B. Ordinance No. 41, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A requirements for SDD No. 4 that concern the development plan for Millrace IV, Scenario I, a/k/a Cosgriff parcel; and setting forth details in regard thereto. (Cascade Village). Steve Thompson C. Ordinance No. 46, Series of 1991, second reading, an ordinance amending the Plan Document of the Town of Vail Employees' Pension Plan; and setting forth details in regard thereto. 7:45 p.m. 3. Ordinance No. 45, Series of 1991, first reading, an ordinance Steve Thompson repealing and reenacting Chapter 3.40 -Sales Tax of the Municipal Code of the Town of Vail; and setting forth details in regard thereto. Action Repuested of Council: Approve/deny Ordinance No. 45, Series of 1991, on first reading. Background Rationale: The Colorado Association of Commerce and Industry (CACI) initiated an expenditure limitation bill which included State control of local taxes. However, CACI agreed not to include State control of focal sales taxes in their bill if all self collecting municipalities adopted a uniform ordinance as proposed and adopted by the CML Board of Directors. The changes to the sales tax ordinance are primarily in form, not in substance. The changes do not change TOV's existing tax base. Staff Recommendation: Approve Ordinance No. 45, Series of 1991, on first reading. 8:00 p.m. 4. Ordinance No. 47, Series of 1991, first reading, an ordinance Andy Knudtsen amending Section 18.52.170 -Leasing of Parking Spaces, of the Vail Municipal Code, and setting forth details in regard thereto. (Applicants: Peter Jacobs of Days Inn and Alan Lufarger of Thrifty Car Rental). 1 Action Reauested of Council: Approve/deny Ordinance No. 47, Series of 1991, on first reading. Backaround Rationale: On November 11, 1991, the PEC reviewed the proposed code change and recommended, 6-0, Council approve it. Currently, the zoning code allows parking spaces to be leased between private individuals in the CCI, CCII, HDMF, PA, and SD zone districts. The code amendment would include the CCIII zone district, and would allow rental car agencies to also lease private spaces. There will be no chanae to the requirement for a lease proposal to be approved by the zoning administrator. Even if this amendment is approved, the Town could deny a proposal which caused a parking problem, or was not appropriate for a given site. Staff Recommendation: Approve Ordinance No. 47, Series of 1991, on first reading. 8:10 p.m. 5. Resolution No. 23, Series of 1991, a resolution declaring the Larry Eskwith intention of the Town Council of the Town of Vail, Colorado, to create a local Improvement District commonly referred to as "Utility Underground District No. 1 within the boundaries of the Town of Vail for the purpose of converting existing overhead electric facilities to underground locations; adapting the details and specifications therefore; and ordering publication and mailing of notice bf hearing to the owners of the property to be assessed for the improvements in said District. Action Reauested of Council: Pass/deny Resolution No. 23, Series of 1991. Backaround Rationale: Resolution No. 23 is one of the required steps in the formation of a local Improvement District to underground electrical lines in part of East Vail. It directs the publication of a notice of hearing on the formation of the District. 8:25 p.m. 6. Adjournment C:UIGENDA.TCE 2 MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 5, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 5, 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 Merv Lapin Lynn Fritzlen MEMBERS ABSENT: Peggy Osterfoss Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was a TOV Ten Year Employee Recognition presentation. Ron Phillips introduced Tom Talbot, Fire Department Fire Technician, and presented him with his ten year service award. Tom was thanked for his years of dedicated service to the Town of Vail, and congratulated by Dick Duran. Second on the agenda was presentation of a donation by the Vail/Eagle Valley Rotary Club from their 1991 Tree Planting Project at Timber Ridge/Post Office. Jeff Bowen first read a citation to Todd Oppenheimer in recognition of his assistance on the project, and then presented a check for $4,792.66 to the Town of Vail. Todd thanked the Rotary for their citizenship, stewardship, and a job well done. Third on the agenda was Citizen Participation, of which there was none. Item No. 4 on the agenda was a Consent Agenda consisting of six items. Before Mayor Rose read the titles, Merv Lapin asked to have item B, Ordinance No. 34, Series of 1991, second reading, withdrawn from the Consent Agenda for further discussion. Mayor Rose then read the titles of the five remaining items on the Consent Agenda in full: A. Approval of Minutes of October 1 and October 15, 1991, evening meetings. 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. Mayor Rose asked if there were any other items on the Consent Agenda anyone wanted withdrawn for discussion. Peter Jamar asked that Item C be withdrawn. Merv Lapin moved to approve the Consent Agenda consisting of items A, D, E, and F, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0. 1 Mayor Rose read in full the title of the first item withdrawn from the Consent Agenda, 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 for the details in regard thereto. Merv Lapin expressed concern shared by Rob Levine that $100,000 was too high. Both said they would support this ordinance at a $50,000 level. Tom Steinberg asked how many of the last year's contracts had been between $50,000 and $100,000, but an answer was unavailable. Rob Levine moved to approve Ordinance No. 34 with the change from $100,000 to $50,000, with a second coming from Merv Lapin. Before a final vote was taken, Merv noted he was concerned with the $100,000 figure because he felt the $50,000 would more likely ensure public notification of Town contracts over $50,000 open for bid. Lynn Fritzlen added she felt $5,000 was a figure with which she would have been more comfortable. She felt negotiated bids greater than $5,000 should require review by an elected body. A vote was then taken and the motion passed unanimously, 5-0. Withdrawn Item C of the Consent Agenda, Ordinance No. 36, Series of 1991, second reading, was discussed next. Mayor Rose had previously read the title in full as part of the Consent Agenda. Peter Jamar had asked this ordinance be withdrawn for further discussion in conjunction with Item No. 9 on the agenda, Resolution 21, Series of 1991, regarding the setting of a fee in lieu of the dedication of land for school sites. Ron Reilly noted he was not aware of the fee in lieu at first reading of Ordinance No. 36, Series of 1991. He asked for a determination as to whether the fee in lieu would be applicable to his current project, Forest Glen (aAc/a Timber Falls). After discussion about the history of this tax, Larry Eskwith summarized that the ordinance applies whenever there is a major subdivision. It would not apply if an area had been previously subdivided and the fee had already been paid. He pointed out the Forest Glen area has been zoned, but never subdivided. There was further discussion about the TOV's rationale for adoption of the ordinance, which was at the request of the school board to come in line with what the County was doing to require a fee in lieu of land dedication for the purchase of school land and construction of school buildings in the future. Peter suggested Resolution No. 21, Series of 1991, be made more equitable so developers do not see the fee as one more reason to go through the single family subdivision process. He felt the fee ought to apply across the board and be geared more to the impact, as opposed to the method, by which someone chooses to divide their property. After further discussion, Rob Levine moved to approve Ordinance No. 36, with a second coming from Lynn Fritzlen. Before a final vote was taken, Merv referred to discussion at a previous meeting about inclusion of a forest access easement at Forest Glen. Being advised there was no public access to Forest Service land from public streets at Forest Glen, Tom Steinberg asked for a ten foot easement strictly for access to the Forest Service land. Ron Reilly questioned if there might be potential liability to him if he agreed to the easement. Tom said Ron could dedicate an easement to the Town, and it would then be the Town's responsibility. Ron said he would consider this. A vote was taken and the motion passed unanimously, 5-0. Item No. 5 on the agenda was a discussion of issues regarding changes to Area A requirements of Special Development District (SDD) No. 4 concerning the development plan for The Cascades, a/k/a Millrace IV, a/k/a Cosgriff Parcel; applicants East West Partners and Commercial Federal Bank. Mayor Rose pointed out the item was before Council as an information/discussion item only, and Council was not taking any formal action on the item during this meeting. Shelly Mello noted there were two parts to the discussion, the first being a review of current ownership and potential development issues, and the second being an analysis of a development plan submitted for one of the individual parcels. Shelly pointed out there are presently four different owners of the Cascade Village SDD, initially owned by one entity, Vail Ventures. She said now the SDD is running into a multiple ownership situation, and the different development plans on file will probably end up being reviewed independent of each other. She reviewed a description of the request for a minor subdivision and major amendment to SDD No. 4 to approve a development plan as detailed in the Community Development Department's memo to the Planning and Environmental Commission dated October 28,1991, and the CDD's memo to Town Council dated November 5,1991. Kristan thanked Mark Smith, Jerry Mulligan, and Nick Gwathmey for coming to help everyone examine and fully understand this issue. Shelly said there were a number of concerns staff and the PEC had, and read conditions applicable to the staff's recommendation of approval, referencing the previous CDD and PEC memos. There was additional brief discussion regarding GRFA. This item wil! be before Council on November 19, 1991, as Ordinance No. 41, Series of 1991. Item No. 6 on the agenda was Ordinance No. 43, Series of 1991, first reading, an ordinance amending Chapter 18.04, Definitions of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, 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, Heavy Service District Conditional Uses 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. Mayor Rose read the title in full. Jill Kammerer explained this ordinance was the result of a request by an individual to sell Christmas trees in the Heavy Service Zone District. There are currently four Heavy Service Zone District within the Town, with a gas station located in each. After determination that such sales would not create a problem in any of these areas, Merv Lapin moved to approve Ordinance No. 43 on first reading, with a second coming from Rob Levine. Before a vote was taken, Tom Steinberg questioned why the ordinance listed the sale period as two consecutive sixty day periods. Jill said Larry Eskwith was consulted about this, and he did not see why the sale period could not simply be listed as 120 days. Jill said she would ask the Planning and Environmental Commission for clarification, and added 2 it was likely particular language regarding the time period called out in this ordinance might be changed for second reading. A vote was taken and the motion passed unanimously, 5-0. Item No. 7 on the agenda was Ordinance No. 42, Series of 1991, first reading, 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 therefore; pledging a portion of the sales tax proceeds of the Town and the net revenues derived from the parking facility for the payment of said bonds; providing certain covenants and other details 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 therewith. Mayor Rose read the title in full. Steve Barwick said the purpose of issuing the bonds detailed in this ordinance was to defray the cost of the Town's 1992 capital projects. He noted the security on these bonds is the first 2% of the Town's sales tax and the Town's net revenues from the parking structures. The term of the bonds was twenty years, and they would probably be issued on December 30, 1991. The rates of be issue and the discounts for the underwriter were scheduled for discussion at the November 12, 1991, work session when Steve Jeffers would be present. After discussion about pre-payment provisions and the schedule of principle and interest, Rob Levine moved that Ordinance No. 42 be approved on first reading, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 5-0. Item No. 8 on the agenda was Ordinance No. 44, Series of 1991, first reading, an ordinance amending Ordinance No. 29, Series of 1989, relating to the Town of Vail, Colorado Sates Tax Revenue Bonds, Series of 1989. Mayor Rose read the title in full. Steve Barwick said this ordinance was related to Ordinance No. 42, Series of 1991, in that the Town could not meet the additional bonds test set up under the 1989 Sales Tax Revenue Bonds ordinance, which authorized issuance of bonds for the parking structure. He added, that ordinance allowed for amendment if MBIA, the bond insurer, gave written approval to do so, which MBIA has done. Ordinance No. 44 will amend the 1989 Sales Tax Revenue Bonds in order to allow the Town to do the 1991 bonds on a parity with the 1989 bonds. Menr Lapin moved that Ordinance No. 44 be approved on first reading, with a second coming from Tom Steinberg. Before a vote was taken, Merv asked if there were any conditions put on MBIA in terms of when they can or cannot approve additional bonds. Larry Eskwith did not believe so. A vote was then taken and the motion passed unanimously, 5-0. Item No. 9 on the agenda was 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. Mayor Rose read the title in full. Larry Eskwith explained when questions were raised by Ron Reilly and Peter Jamar about the fee in lieu, it was found the details for the fee in lieu were not set at the same time the ordinance was set. Larry felt, although not required by the ordinance, the details should be in writing for the record. The amount set is the same as set by Eagle County. Tom Steinberg moved that Resolution No. 21 showing either a dedication of land based on number of units x .014495 for single family (number of units x .002676 for multi-family), or $5,000.00 per acre if land is not dedicated, be approved on first reading, with a second coming from Lynn Fritzlen. Before a final vote was taken, Lynn Fritzlen expressed concern about the long term impact of down zoning. Mayor Rose asked if anyone, in this resolution, wanted to provide consideration for down zoning. Larry felt the ordinance should be called back for amendment if that was to be considered. A vote was then taken and the motion passed 4-1, Merv Lapin opposed. Merv expressed interest in going back to the original ordinance and added if there is a down zoning, it not fall under this cash in lieu. Ron Phillips felt wording should be corrected to clarify technicalities of condominium subdivisions vs. major subdivisions. Down zoning was actually incentivized by the fee because the fewer units there are, the less the fee is. Larry Eskwith was directed to pull out that ordinance for review and come back to Council with any suggestions for clarification. Peter Jamar disagreed with the interpretation being presented, and there was additional discussion about how this related to the subdivision process. Kent asked this be brought back for discussion at a work session for review. Item No. 10 on the agenda was a review of the selected artist for the Art in Public Places (AIPP) Vail Transportation Center Project. Shelly Mello said the AIPP jury met on October 25, 1991, and selected Dan Dailey from three finalists to develop the specific proposal for this project. Sample drawings and a model of the project were displayed, as well as presentation of a slide show of some of Mr. bailey's work to emphasize the range of his work. Shelly asked for a motion to uphold or deny the AIPP jury's selection of Mr. Dailey, explaining Town guidelines requiring Council to make such approval or denial as is done with all of the pieces of art AIPP approves. She added this request to Council was for approval of the artist to develop a specific concept only. Kristan added the project was already presented to Council during budget hearings. Tom Steinberg moved to uphold the jury's selection, with a second coming from Rob Levine. After discussion regarding the need to fund raise for additional monies for the project, explanations about grant applications made, and assurance that public input was not being closed and the art selection process would not discourage more art in public places, a vote was taken and the motion passed unanimously, 5-0. Item No. 11 on the agenda was appointment of two Local Licensing Authority members. Four applicants, Linda Fried, Douglas MacRae, Donna Meyer, and Steve Simonett had been interviewed at work session earlier in the day. Ballots having been reviewed, Lynn Fritzlen moved to appoint Steve Simonett and Linda Fried to the Local Liquor Licensing Authority, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0. 3 There being no further business, Rob Levine moved to adjourn the meeting Sessions at 9:50 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:IMINS.115 4 MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 19, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 19, 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 Merv Lapin - Lynn Fritzlen Peggy Osterfoss Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney The first item on the agenda was Citizen Participation. As this meeting began, votes from the day's regular municipal election were being counted, and Dan Corcoran and Jay Peterson thanked Merv Lapin, Tom Steinberg, Lynn Fritzlen, and Mayor Kent Rose for their service on the Town Council. Kent was recognized for his dedication and concern, and received a standing ovation. Second on the agenda was a Consent Agenda consisting of three items: A. Ordinance No. 43, Series of 1991, second reading, an ordinance amending Chapter 18.04, Definitions, of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, 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, Heavy Service District Conditional Uses 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). B. Ordinance No. 42, Series of 1991, second reading, 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 sales tax proceeds of the Town and the net revenues derived from the Parking Facility for the payment of said bonds; providing certain covenants and other details 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. C. Ordinance No. 44, Series of 1991, second reading, an ordinance amending Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. Mayor Rose read the titles in full. Menr Lapin moved to approve all items on the Consent Agenda, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 on the agenda was 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 of SDD No. 4 that concern the development plan for Millrace IV, Scenario I, alk/a Cosgr'rff parcel; and setting forth details in regard thereto. The applicants were East-West Partners/Commercial Federal 8ank/Cascade Village. Mayor Rose read the title in full. Shelly Melio advised the ordinance incorporated all changes discussed at the November 5, 1991, evening meeting. Tom Steinberg moved that Ordinance No. 41 be approved on first reading, with a second coming from Jim Gibson. Before a final vote was taken, Rob Levine inquired about the two scenarios detailed in the Community Development Department's memo to Town Council dated November 11, 1991. Shelly and Kristan Pritz advised Scenario 2 was listed as an alternative should Scenario 1 not be constructed as proposed. Merv asked if staff was satisfied that off-site landscaping requirements and improvements were realized. Staff felt they were. A vote was taken and the motion passed unanimously, 7-0. 1 Item No. 4 on the agenda was Ordinance No. 46, Series of 1991, first reading, an ordinance amending the Plan Document of the Town of Vail Employee's Pension Plan; and setting forth details in regard thereto. Mayor Rose read the title in full. Steve Thompson explained the specifics of this ordinance, including that this ordinance involved a 6% deduction from seasonal employee's pay which would be put in the pension plan, replacing the end of season bonus. Merv Lapin asked if employees have a choice as to how the money is invested, and was advised only if they are over 55. Jim Gibson moved to approve Ordinance No. 46 on first reading, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 5 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 CENTRUST (formerly JEFFTRUST); and setting forth details in regard thereto. Mayor Rose read the title in full. Steve Thompson noted he had further researched CENTRUST as Council had requested at the evening meeting on October 1,1991, when Resolution No. 20 was tabled. After discussion, Tom Steinberg moved to approve Resolution No. 20, with a second coming from Rob Levine. A vote was taken and the motion failed 2-5; Jim Gibson, Merv Lapin, Peggy Osterfoss, Kent Rose, and Lynn Fritzlen opposed, feeling the risk factor was too great. Item No. 6 on the agenda was Resolution No. 22, Series of 1991, a resolution approving the Streetscape Master Plan for the Town of Vail; and setting forth details in regard thereto. Mayor Rose read the title in full. Mike Mollica and Kristan Pritz explained drawings of maps were not included in the distributed November 14, 1991, issue of the Streetscape Master Plan simply to save on unnecessary reduction and reprinting costs of illustrations which might require redrafting by the consultant. Joe Macy asked what those costs were. Mike said the work had to be done in Denver and would run between $200 - $300. Joe Macy asked Resolution No. 22 be tabled until the smaller maps were included in the plan book and made available to the public, but Kent said the original full size maps were now, and have been, publicly available long enough for anyone interested to have seen them, and further, there had been a public site visit. Kristan added the narrative in the plan book fully details everything. Jim Gibson invited citizens to come into see the full size maps, which he described as more meaningful than the smaller maps, adding a lot is lost on the smaller maps. After brief speculation about a 15-20 year timeframe for the project, Menr Lapin moved to approve Resolution No. 22, with a second wming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 7 on the agenda was action on Council employees' compensation. A 4% increase for the Town Manager and a 5% increase for the Town Attorney were suggested. Action on compensation for the Municipal Court Judge was tabled, pending review of additional information. Jim Gibson moved to approve the suggested Town Manager and Town Attorney increases, with a second coming from Rob Levine. A vote was taken and the motion passed unanimously, 7-0. Not on the agenda, but raised for discussion by Menr Lapin was a question about the basis for approving or disapproving liquor licenses by the Local Licensing Authority. Larry Eskwith advised late payment of sales tax was basis for revocation of a license, as well as the character of an applicant. Jay Peterson said it was a privilege to receive a license, and he felt the Local Licensing Authority Council was consistent in approving licenses. Larry said suspension hearings are held. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Rondall V. Phillips, Town Manager Minutes taken by Dorianne S. Deto C:IMINS11.19 2 ORDINANCE N0. 41 Series of 1991 AN ORDINANCE REPEALING AND REENACTING ORDINANCE N0. 28, SERIES OF 1991, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD N0. 4 THAT CONCERN THE DEVELOPMENT PLAN FOR MILLRACE IV, SCENARIO I, A/K/A COSGRIFF PARCEL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, East West Partners and Commercial Federal Bank, have requested an amendment to the existing Special Development District No. 4, Area A; and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 9; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 28, Series of .1991 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 28, Series of 1991, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled. Planning Commission Report. The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. Section 3 Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 1 18.4 6 . O10 Purpose ~ ~ Special Development District. No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through 2 D. another accommodation unit, dwelling unit, or 2 transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075--17.26.120 governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4" B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 97.955 18.46.040 Development Plan--Required--Approval Procedure A. Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Waterford, Cornerstone, Millrace IV and Cascade Club sites as approved by the Town Council. Development Area D shall be allowed to 3 develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103 B-F. B. Amendments to SDD No. 4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor or street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Two-Family dwelling; 7 Transient residential dwelling unit; 4 a 8. Employee dwelling as defined in Section 18.46.220; 9. ,Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C. Glen Lvon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lvon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46:060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. 5 ~II 0 B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Ares C, Glen Lvon Duplex Lots 1. Public park and recreational facilities; 2. Ski lifts. D. Area D, Glen Lvon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253 18.96.070 Accessorv Uses A. Area A. Cascade Villacre 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 6 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses,- and necessary to the operation thereof. C. Area C, Glen Lvon Duplex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lvon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 7 4. Minor arcade. 18.46.080 Location of Business Activity A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall, be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density--Dwelling Units The number of dwelling units shall not exceed the following: A. ,Area A, Cascade Village Two hundred eighty-three point five (283.5) dwelling units, with a minimum of three hundred thirty-eight (338) accommodation units or transient residential dwelling units and a maximum of ninety-seven (97) dwelling units as defined by the table in Section 18.46.103 A-D. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lvon Duplex Lots One-hundred four (104) dwelling units. D. Area D. Glen Lvon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.96.103F. 18.46.100 Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed ~&3,9~-5 288,695 square feet: except that the total maximum GRFA shall not exceed 8 - 292,245 square feet if Millrace IV Scenario 2 (32 A.U.'s) is constructed. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C, Glen Lvon Duplex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lvon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102.Commercial Sctuare Footage A. Area A, Cascade Village Area A shall not exceed 56,538 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D, Glen Lvon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase I, IA & II or 15,584 square feet of office for Phase III per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan. 18.46.103 Development Statistics for Area A. Cascade Village, and Area D, Glen Lvon Commercial Site 9 Area A Completed Projects ~ ? _ _ _ , RetaiU On-Site Cascade Structure AUs DUs I _GRFA I Commercial Square Feet Parkin I Parkins ~ _ MILLRACE I ~ I 16 I 20,000 ~ 28 I 0 MILLRACE II I I 14 I 17,`x34 I I I 25 I 0 W ESTIN 148 I 55,457 I 0 115 Alfredo's I 104 Seats I 0 0 Cafe 74 Seats 0 0 Little Shop 1,250 0 0 Pepi Sports I I 2.436 ~ 0 0 W& H Smith, Vaurnet I 900 I 0 CMC BUILDING Cascade Wing 8 15,870 0 16 Clancy's 1,600 0 13.3 Theater 4,220 28 College Classrooms I 4,792 0 40 College Office 954 0 4 Meeting Room 2J I 1,387 0 6 TERRACE WING I ~ I Rooms 120 58,069 ! 0 105 Retail 5,856 I 0 20 PLAZA 1 Rooms 20 7,205 0 16 Retail I 1,099 0 4 PLAZA II Conference 8,297 0 35 Retail 925 0 3 CASCADE CLUB ~ Retail 300 0 1 Bar & Restaurant 672 0 5.6 Office in CMC 828 0 3 Wellness Center _ _ _ _ 1 386 0 7 TOTALS 288 r 38 ~ 174,135 17,786 ~ 53 I 422 10 _ ~ _ ` ~ Area A Proposed Pro,ects 1Jn-5de t,;asCet7e/Watertort7 1. CORNERSTONE AU orTR I DU I GRFA I Commercial I Seats I Square Festl Parking I Structured Perking - nets ~ SflfiF~ 28,11 48.1 (av. room 561 sq. ft. @ .962 space/room Accessory Ski Retail 2,190 7.3 Restaurant 3,000 147 18.4 Hotel Access 2,465 82 10.3 Restaurant and Bar Office 4,850 19.4 Conference Room 1,725 72 Hotel Retail 285 0 Scenario 1 Retail 1 - 13,250 442 or or ~ or Scenario 2 Retail 2 - 16,275 54.3 Access Ski Restrooms Ski School 7,140 0 Lift Tickets AL S ~ 50 1 H I 28,110 I 2 - 29 065 229 81365 2 166 9 th1-Srte l:ascede/Watertord 2. WATERFORD I AU or TR DU ~ GRFA I Commercial Seats I Square Feet) Parklns I Structured Parking nits Scenario 1 30 60 or 47,500 or Scenario 2 75 TR 75 Retail 3.800 12.7 T~l1L5 1 - 75 4 ,500 3,800 1 - 2. a 2-30 DU I 2-87.7 3. Westheven On-Silo tascade/Wetertord Condos I AU or TR DU 1 GRFA I Commercial I Seats I Square Feet I Parkins I Structured Parking units 2 22,500 Employee Units (Max k) 10 6.400 ~ I 20 ~ I 20 22.500 60 Un-Site l:ascede/Waterford 4. Millrace III AU or TR DU GRFA I Commerelei Seats I Square Feet I Parklng I Structured Parkin rnis ~ I 3 6.000 I I I I 6 I IUtAL I I 3UU I 6,W0 I T- I I 6 I On•Site Cascade/Wetertord 5. Millrace IV AU or TR DU GRFA Commercial Seats Sauere Feet Perking Structured Perk(nq nns Scenario 1 6 10,450""' 19 or or Scenario 2 32 AU 14000 _ 26.8 TOTALS Scenario 1 6 DU 10,450""' 19 Scenario 2 32 AU 14,000 26.8 6. Cascade Club On-Site Cescade/Wetertord Addition AU or TR DU GRFA Commercial Seats Ssuare Feet Perkins Structured Parkins ~cenano 1 (Wellness Center) 4,500 22.5 or Scenario 2 (Gymnasium) 4.500 0 A S Scenario 1 4,500 22.5 Scenario 2 4.500 7. Room 2J Conference On-Site Cascade/Watertord Converted to Theeter I AU or TR DU I ___GRFA Commerelei1 _Seats__~_ Square F_ e_et I Parking ~ Structured Parking I I I I 1.387 I I -f- I ss AL 1.387 5.5 Un-Site f;ascadeNVetertoM 8. Plaza Office AU or TR DU GRFA Commercial Seats Square Feet ~ Parking I Structured Parkinq~ I I 925 I .7 MAXIMUMS I 1101.5 DU 118,110 38,752 I 13,365. I 69 Minimum I 235 Minilmum • F~ployee ttaib shall oat count toward demity or GRFA for the purpose o[this SDD. . • • Roan 7J hu tlready heea counted u coafaeme apace parking. The new pul®g teq~,t»^~-^t u 6asd m tAe QiHefem , . ~ eaaEeasot: and theater pa:lcing mgaheme~a. Plus •P+¢ hoe wTady been w~attee for ¦ ratan puking req~,~T^-^t. The aw parking tequvemeat u Iraed on the difierraoe 1. ~ . the retail sad office puking tequ:,.,..,-.._. Tool figures represm highest demity and commercial aoenuiaa. • For the purpoeee of calculating GRFA fa the Caagriff Numl (Millnoe IV), no aedlta shill he given except for 300 aq. ft to be allowed for earb e>rlosed parking apace, per Section 18.46.210(C~(Sxi). IL Total Project Development Completed and Proposed for Area A - I , I DU I GRFA I Commerclall Parkilnq Structured Park nrq Maximum" Minimum"' Completed Projects I 182.0 - 174,135 17,786 I 53 I 422 l 422 Proposed Protects' 1 101.5 118,110 38,752 66 310 I 235 otal Development at Build-0ut 283.5 292,245 56,538 119 Minimum 732 Maximum with 657 Minimum with 17.5% Mixed Use 17.5% Mixed Use Credit = 604 spaces Credit =543 spaces 421 spaces in 421 spaces in Cascade Structure and Cascade Structure and 183 spaces in 122 spaces in Waterford Structure Waterford Structure ' Total figures represent highest density and commercial scenarios. " Maximum parking structure requirement assumes Cornerstone Scenario 2, Waterford Scenario 2, Millrace IV Scenario 2, and Cascade Club Scenario 1 Minimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario 1, and Cascade Club Scenario 1 Total Project Minmum AU or TRs and Maximum DUs for Area A AU or TR Completed Projects 288 AU 38 Proposed Projects 50 TR 59 Total 338 97 12 E. • Development Controls Area Units GRFA (Acres) 16 DU/Acre (.35) Original Parcel 15.68 252.00 256,437 Robbins Parcel 1.23 19.68 18,752 Cosgriff Parcel 1.095 16.7.~L 15.932 17.955 288.40 291,121 F. DEVELOPMENT FOR AREA D, GLEN LYON COMMERCIAL SITE SDD #9, AREA D DEVELOPMENT SQUARE FOOTAGE AND PARKING PER TOWN OF VAIL REQUIREMENTS FEBRUARY 26, 1990 PHASE Ia PHASE I,Ia ~ II PHASE I,Ia,II AND III DEVELOPMENT DEVELOPMENT DEVELOPMENT Sq.Ft./Parking Sq.Ft. / Parking Sq.Ft. / Parking Glen Lyon Office Bldg. (Existing) 10,150 40.6 10,150 40.6 10,150 90.6 PHASE IA Glen Lyon Office Bldg. 900 1.6 400 1.6 400 1.6 • PHASE I Glen Lyon Bldg. - Office 0 2,900 9.6 2,900 9.6 PHASE I I , Micro-Brewery -Office 0 3,780 15.1 2,639 10.5 -Reception/ Museum 0 980 0.0 480 0.0 -Retail 0 175 .6 885 3.0 -Fermentation/ Brewhouse 0 970 0.0 1,406 0.0 -Beer Hall 0 1,700 18.8* 1,700 18.8* (150 seats) (150 seats) -Brew Pub 0 1,380 10.0* 1,380 10.0* (80 seats) (80 seats) SUBTOTAL 10,550 92.2 21,435 96.3 21,435 94.1 PHASE III East Building ` ' -2 Employee Units 0 0 0.0 I 1,695 i 9.0 -1 Dwelling ' Unit 0 0 0.0 1,630 ~ 2.0 -Office 0 0 ~ 0.0 2,400 9.6 SUBTOTAL 0 0 0.0 ~ 3,325 '15.6 i TOTAL COMMERCIAL AND RESIDENTIAL SQUARE FOOTAGE AND PARKING: 21,435 96.3 ! 29,760 110.0 *USED HIGHEST PARKING REQ. POSSIBLE BASED ON~SEATING 13 ! 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for each area: 1. Cascade Village Master Plan and Building Height, Roma, 10/10%88. 2. Waterford and Cornerstone Floor Plans, Roma, 10/10/88, p 1-9. 3. Waterford and Cornerstone Sections, Roma, 10/10/88. 4. Waterford Landscape Plan, Roma, 10/10/88. 5. Waterford Summer Solstice, Roma, 10/10/88. 6. Waterford Site Plan, Roma, 10/10/88. 7. Waterford Elevations, Roma, 10/10/88. 8. Waterford Winter Solstice, Roma, 10/10/88. 9. Waterford East Elevation Height Analysis, Roma, 9/28/88. 10. Cornerstone Site plan, Roma, 10/10/88. 11. Cornerstone Elevations, Roma, 10/10/88, p. 1-3. 12. Cornerstone Sun/Shade, 10/10/88. 13. Cascade Entry Rendering, Roma, 10/10/88. 14. Cascade Club Addition Site Plan, Roma, 10/10/88. 15. Cascade Club Floor Plan, Roma, 10/10/88. 16. Millrace IV, Scenario 2 (32 A.U.'s) Plan, Roma, 10/10/88. 17. Millrace IV, Scenario 2 (32 A.U.'s) Floor Plans, Roma, 10/10/88. 18. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 19. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 20. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 14 21. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 22. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 23. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 24. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 25. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Area D, Glen Lvon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. .Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90. 9. Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2, dated 1/8/90 and sheet A2.4 dated 12/13/89. 5. Vail Brewery Roof Study, Frank Freyer, 1/8/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon Office Building, Pierce, Segerberg and Spaeh, dated 9/20/90. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and Spaeh, dated 8/19/91. 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through A4. 15 13. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 14. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as approved by Co. Div. of Hgwys. 15. A resubdivision of Lot 54 amended plat Glen Lyon Sub- division, Eagle Valley Surveying Inc. as approved by T.O.V. 16. Vail Brewery Parking Analysis, TDA Colorado, Inc., August 10, 1988 and Vail Brewery Parking Analysis Update, TBA Colorado, Inc., January 16, 1990 pages 1-8. 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford and Cornerstone buildings shall maintain a 20 foot setback from the north edge of the recreational path along Gore Creek. 16 B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lvon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of 48 feet as measured from finished grade to any portion of the roof along the north elevation (South Frontage Road) and west elevation (Westhaven Drive). A maximum height of 40 feet as measured from the lowest floor of the parking structure to the roof eave is approved for the south and east building elevations. A maximum height of 61 feet as measured from the lowest floor of the parking structure to the roof ridge is approved for the south and east building elevations. 17 4. westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 48 feet. . 6. Millrace IV: A maximum of ~ 34 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lvon Duplex Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lvon Commercial Site 510 of the roof shall have a height between 32 and 40 feet. 490 of the roof area shall have a height under 32 .feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Coverage In Areas A and B, no more than 350 of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 450 of the area may be covered. In Area C, no more than 250 of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 370 of the total site area shall be covered by buildings and the parking structure. 18.46.170 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if 18 appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped. 18.46.180 Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6 of required parking shall be enclosed in a building. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure and a minimum of 122 underground spaces in the Waterford structure. 3. The Cascade and Waterford parking structures shall be considered to be one parking structure for the purposes of calculating the mixed-use credit for parking spaces. Both parking structures shall be managed as one entity. A 17.5 percent mixed-use credit per the Town of Vail parking code, Section 18.52.20 has been applied to the total number of required parking spaces combined in the Cascade and Waterford structures. Alternative development plans or scenarios which require additional structured parking shall require an expansion of the Waterford parking structure below ground level. 4. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 19 5. Phasing: All required parking for Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s), and the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade or Waterford parking structures. At the time a building permit application is submitted to the Town of Vail Community Development Department for the Waterford building and parking structure, the developer shall be required to make a final decision as to which development scenarios shall be used for the Cornerstone, Waterford, Millrace IV and the Cascade Club addition. A temporary certificate of occupancy shall not be released for any portion of the Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s) or Cascade Club Wellness addition, Scenario 1 which relies on required parking being provided in the Waterford parking structure until the Waterford parking structure has received a temporary certificate of occupancy from the Town of Vail Building Department. 6. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III, a:~d--~lillra~~ I~= .~',~~.:~3ri~. 1. 7. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. 20 C. Area C. Glen Lvon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D, Glen Lvon Commercial Site 1. Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m, on weekdays, Monday through Friday at any time. 21 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages"6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 " feet. 18.96.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. 22 C. The number of fireplaces permitted shall be as set forth in Section 8.28.030 of the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated .Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Conditions of Approval for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the 23 development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of 24 a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A. 1-7, 18.46.200 A - F, I, J, 18.46.210 C, 1-3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club Addition. 5. Millrace IV, Scenario Z. a. The developer shall obtain an easement from the owners of the property adjacent to the eastern boundary of the property commonly called the Cosgriff Parcel, which is more specifically defined in Exhibit A, attached to this ordinance and incorporated herein by reference. The easements shall be sufficient to permit the construction, maintenance and replacement of retaining walls for the purposes of grading and boulder retention all along the western property line of said adjacent property. The easement shall be in a fozZn acceptable to the Town Attorney, shall run with the land, and shall be recorded on 25 the land records of Eagle County prior to . Design Review Board review. b. The developer shall provide the Community Development Department of the Town with written consent from the IIpper Eagle Valley Water and Sanitation District permitting the encroachment of certain decks specified in the development plan for the Millrace IV condominiums, as set forth in q 18.46.140(18) of this ordinance into their sewer easement recorded in Book 217, Page 428 of the land records of Eagle County. This consent shall be submitted prior to Design Review Board review. c. The developer shall receive final approval of the site grading plan for the construction of Millrace IV, Scenario I, from the Town Engineer prior to Design Review Board review. d. The Millrace Condominium Map, recorded at Book 326, page 257, of the land records of Eagle County shall be amended so that the access easement shown thereon shall align with the present location of the roadway on the western property line of the Cosgriff Parcel, and the amendment shall be recorded on the land records of Eagle County. e. The developer shall install 15 (6'-10') evergreens south of the South Frontage Road adjacent to the Cascade Club building, and 5 (6'-10') evergreens to the south of the Westhaven Apartment foundations and north of Westhaven Drive, The developer shall obtain the written approval of the Colorado Department of Highways (CDOH) permitting the installation of these trees along the South 26 Frontage Road prior to said installation. If CDOH approval cannot be obtained, then a minimum of 10 (6'-10') evergreens shall be installed adjacent to the Westhaven Apartments. f. The developer shall apply for and complete the minor subdivision process for the Cosgriff Parcel and a subdivision plat signed by the Town of Vail shall be recorded on the land records of Eagle County prior to the release of any building permits for the construction of any structure on the Cosgriff Parcel. g. Landscaping along the south and west property lines of the Cosgriff Parcel shall be reviewed by the Design Review Board to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and landscape plan further for compatibility with the surrounding area. i. The developer and the adjacent property owners shall submit a landscape plan for the area north of the Cosgriff property to the Design Review Board for review. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosgriff Parcel, no credits o£ any kind (overlapping stairs, mechanical, etc.), except for 300 sq. ft. to be allowed for each enclosed parking space, shall be given. D. Area D, Glen Lyon Commercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the porte-cochere of the Micro-brewery in Area D. The 27 specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. ~2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 3. The developer shall underground the electrical 28 utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion, excluding Phase IA east office building or parking structure. 4. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro-brewery addition. .5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. 7. The Developer shall construct a deceleration lane along South Frontage Road per the CDOH access permit. The developer shall submit plans for the 29 South Frontage Road improvements to the Town of Vail Engineer for review and approval before a building permit is released for either Phase I excluding Phase IA, II, or III construction. 8. The conditions for Area D in Sections 18.46.1$0 D, 18,46.200 A, B, F - K, 18.46.210 D, 1-7, and 18.46.220 shall be set forth in restrictive covenants subject to the appraval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit shall be issued for the Micro-brewery, office expansion excluding Phase IA, east office building, or parking structure. 9. The minor subdivision for Area D shall be developed per the following conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD No. 4 development plan and governed by the SDD No. 4 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of 30 Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD No. 4 Ordinance. d. The developer shall be responsible for replatting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 of the Town of Vail Zoning Code. e. The conditions for the minor subdivision in Section 18.46.210 (D9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney before the minor subdivision is recorded on the land records of Eagle County. 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I excluding Phase IA or II. 11. The developer shall submit a set of amended plans to the Colorado Division of Highways for review 31 and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, excluding IA, II, and III are presented to the Town of Vail Design Review Board for final approval. 12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that the employee units are built. 18.46.220 Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A j4esthaven Condominium building. Each employee dwelling unit in Area A shall have a minimum square footage of 648 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. In Area A, the GRFA and number of employee dwelling units shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units. The two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A & D the following restrictions shall apply to all employee dwelling units: The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are 32 full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A & D the employee dwelling unit shall not be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A or Area D. 18.46.230 Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 18.40.120 of the Town of Vail Municipal Code. Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as 33 commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ,Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS 19th day of November , 1991, and a public hearing shall be held on this ordinance on the 3rd day of December , 1991 at 7.30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of November , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title this 3rd day Of December , 1991. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 34 • ; . E::1IILIT "a" , • KOELDEL PROPEP.TY DEVELOI'I1L:.T ARL~1 11 Vail-Rose 12.370 acr e A part of the S~J 1/4 NE 1/4 of Section 12, To~~nship'S South, RanSe B1 17est of tt~e 6t}~ P.:1., described as • follotas Beginning at a point on the hest line of said S1J 1/4 Nir 1/4 from w}~ic!1 the North one-quarter corner of said Section bears North 0°15' East 22G9. a8 feet; tt:ence ttort'~ 0015' East, along said hest Line, 15.36 feet to a point on the Southeaste.'_y right bf way line of U.S. ltighway t1o. 6; thence, along said Southeasterly right o~ way line, as folloc,s: North 52027' East, 102.31 feet; North 49°20' East, 519.57;feet; and North 98°13' East, 549.09 feet, more or less, to a point on the North line of said 51J 1/4 f7E 1/4; thence forth 88°33' East, along the Nor~h line of said SI.1 1/4 NE, 36S feet, more or less, to a point on the centerline of Gore Creek; the^ce, alorc_ the centerline of Gore Cree};, as folloe~s: South 3601?' ~•7est, 101.09 feet; South 18021' ~~est, 54.08 feet; Sout}~ 1024' ~•lest, 205.02 feet; • South 12°10' ~~7est, 110.25 reef; at~c South 28°41' 1•;est, 212.35 feet, thence Sout`~ 75°15' West, 1064•.10 feet to the point of beginni:g. Rose I'~rcel 3.190 acre: A tract of land situstec in the S~•:;i:E; of Section 1?, TP 5 S. , R. 81 , of the 6th P.~•1, l;~ing Southerly o= that cer;.ain •tr~ct of land described in Book 199 , face 197 , taortherl•~ and ti•lesterly of t}~e center line of Gore Cree}:, and lying t'.ort:ierly and Easterly of those certain tracts described in Book 211 at Page 106, IIooi; 211 at Page 108 and Dool; 215 at Page 36~, descried as follo~~s: Beginning at a point on the North-Sout`~ center line of said Section 12 whence the North quarter corner of said Section 12 bears t7. 00015' E. 2269.48 feet; thence N. 75°15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and w}rich bears S. 08026' E. 2205.34 feet from the north quarter corner of said Sec~ion 12; thence N. 75°15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Fage 197 to the ce~lter of Gore Creek; thence S. 28°41' W. 130.61 feet along the center line of sa i.c] Creek; thence S. 05°24'30" E. 104.50 feet along the center line of said Creek; • thence S. 49°29' W. 95.50 feet along the center line of said Creek; thence S. 22034' W. 124.47 feet along the center line of said Creek; thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33°16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at page 108; thence N. 57042'30" iJ. 169.88 feet along the Northeasterly line of that tract described .in Book 211 at page 108; thence N. 86°02'30" lJ. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108 Book 211 at Page lOG to a point; th~ncc N. 32057' 30" 1J. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of begi,~ning. 0 35 • lJeede Parcel 1.260 acres Count}• of Eagle and State of Colorado, to wit: A tract of land situated in t}~e StJ;NE; of Section 1?., To•.,ns}rip 5 South, Range S1 ~•7est of ttie 6tli Prir:cioal Meridian, described as follo~~s: Beginning at a point on tl~e North-South center line of said Section 12 w}~ence tt~e Nort1~ Quarter Corner of saiC Section 12 bears tJorth 00 degs. 15 minx. East 2?G9.48 feet; thence t~ort}~ 75 dens. 15 mins. East 3x6.26 feet; thence South 32 degs. 57 mins. 30 secs. East 76.08 feet; t}rer~ce South 11 degs. 00 mins. 30 secs. West 279.99 feet to•a point in ttre center of Gore Creek; thence North 50 degs. 32 rains. 1•rest 111.31 feet along the cen~~_ line of said creek; thence North 38 degs. 40 mins. ~•lest 239.09 feet along t}~e center line of said creek; thence South 76 degs. 35 mins. ~4est 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence Nor~h 00 degs. 15 mins. East 13.95 feet along t}~e North-South center line of said Section 12 to the point of beginning. Total 16.820 acres GORE CREEF ASSCCIrlTES PP.OPERTY llEV~LOF~IL:;T I1RF.lS B, C b D 80.700 acres ' Leeal De=cr_otion J~11 that part of Section 12, To;.-nship 5 South, Rance 81 hest of the 6th P.:1. , described as follo•.:s All that par of the N;i\E'S of Section 12, lying Southerly of the Southerly right-of-~oay line of U.S. tiigh•.aay No. 6 and tlortherly of tl~e Sou ~'.-~erly line of said 1J ;?~E ~ , as shown on the plat on file ire t}~e office of the Eagle County C1erY, and Recorder as Docume.^.t No. 97989, described as follo~•rs: Beginning at the high~ray survey monument at the intersection of the 5outt~erl;~ line of said hig}~~~ay and t}ie Easterl}~ line of said iJ;iJE;, whence the northeast corner of said Section 12 bears Nor~h 0003' Jest 634.785 feet; • t}pence South 73026'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70°34' West 125.10 feet along the Southerly right of way line of said highway; • • thence South 69°25' West 100.00 feet along the Southerly rig}it of way line of said highway; • thence South 65050' West 100.00 feet along the Southerly line of said highway; thence South 62015' West 100.00 feet along the Southerly•right of way line of said highway; • thence South 58°40' West 100>00 feet along the Southerly right of way line of said highway; • thence South 55°05° West 100.00 feet along the Southerly right of way line of said highway; • thence South 51032' West 100.00 feet along the Southerly right of way line of said higti~oay; thence South 47°57' West 232,58 feet along the Southerly right of way line of said }~ighway to a point on the Southerly line of said N ;tJE: ; thence North 88°33' East 497,67 feet along the Southerly line of said N'~tJE: to the center of the NEB of said Section 12; thence tdortl~ 88°33' East 1379.35 feet along the Southerly line of said tJ;tdE; to the Southeast corner of said N;tJE;; thence iJorth 0°03' West 7G0.95 feet along the Easterly line of said NhttE: to its intersection wit}r the Southerly line of said highway, the point of beginning, 36 C0:lTI::UED AND ' All that part of the St•l;NG; of Section 12, Iyinq Southern of the ccriter of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document !}o. 97489, described as follotos: Beginning at the Northeast corner of said St•1;C1>:;; • thence South 88°33' irlest 131.67 feet to a point in the center of said Creek; thence South 40°09' ~•lest 94.04 feet alc,ng t}~e center of said Cry°k: thence Sout:~ 18°21' ~,1est 54.08 feet along the center of said Creek; thence South 1°~4' hest 205.02 feet along the center of said Cre_::; thence South 12010' ~~est 110.35 feet along the center o_° said Creek; thence South 28041' 1~est 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of said creel:; thence South 27°00'02" t•lest 85.24 feet along the center of said creek; thence Sout:~ 54000' hest 259.34 feet along the center of said creek; - thenc~ Sout'~ 65034' Jest 109.62 feet alone the center of said creek; thence Sout!~ 69004' hest 186.13 feet alone the center of said c:aek; thence Sout:z 85°25' t,Test 68.88 feet along the center of said ere.k; thence t]ort:•i 77036' hest 26.96 feet along the center of said c.°_!:;• thence ilorth 50°32' t•;est 199.19 feet along the censer of said c:eeY.; thence i~lort7 3E~°a.0' hest 239.09 feet along the cen:.sr o= said c:zek; thence South 76°35' t~lest 89.91 feet along the center of said cr=ak; to a point on the [lesterly line of said St•i;t•:E;; thence South 0015' t•lest 461.90 f.eeC t° tl~e center of said Sect:en 12; t}~ei~~e \orth 89.02' East 13(32. G~ feet aloilu tl~e ~outhe=ly line of said Stt;i`iL; to the Sou:::,past corner of saki Si•i;C1L;; thence North 0006' East 1364.32 feet alor.o tt:e Easter?_: li^s of said St•+';iJE; to the Northeast corer of said Sti•'~'r;E;, the point of beginning, AtJD . • The NtJ;SE; of Section 12, To~ans:~ip 5 Sout!~, Range 81 1•lest or t::e 6th P.DI. ; AND A1]. that part of the SE;tJt~;; of Section 12, To•.anship 5 South, Range 81 hest of the 6t}i P.1`1. , lying Southerly oL the Southerly right of way line of U.S. }iigh•:gay No. 6, as shorn on the plat on file in the office of the Eagle County Cler}: and Recorder as Document No. 97489, described as follotas: Beginniny at the Southeast corner of said SE~t}tJ;; thut~ce South 89°02' West 836.95 feet along the Southerly line of said SE;NtJ; to a point on t}~e Sout}~erly right of way line of saki Z~iyhway; thence North 52035' East 1057.07 feet along the Southerly rig}tt of way line of said highway to a point on the Easterly line of said SE ~tJtJ; ; • thence South 0°15' West 628.21 feet along the Easterly line of said SE:Nt~1; to the Southeast corner of said SEatJt•!~, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Boo}: 203 at page 231; 37 --a. CO:I; I:~UED ~ that part described in Book Z03 at page 531; that certain island adjacent to the above-described property, and located in the micdle oz Gore Creel;, ~ai~ic`~ the part? es~ intend to exclude f rem this trsnsac~ion; Count} c f Eag l.e , State of Colorado ALSO THE FOLLO;IIf;G FARCcL FORi~iGP.L'f Y.N0;tt1 AS Tl;c "C'JS~::1Fr' FARC~L" A tract of ]and situated in the Sta 114 TE 1/4 oi: Section 12, To•.:nship 5 South, Ran&~ $I west of the 6th F'rinci~~al l~;eridian, 1}•ing tdorthwesterl}• of the center line of Gore Creek oescribeo as follo~:s: Beginning at a point whence the 1~orth Quarter Corner of saic Section 12 bears 1:. 11°03' 1~. 2292.72 feet; thence S. 6G°02'3" E. 69.50 feet; thence S. 54`42'30" L. ]6°.l;b feet; thence • S. 3s`]6'30" E. ]g0.12 feet to a point in the center of said creek: t}pence S. 65`34' 1~. 109.62 feet alor,b the center linE of said creek; thence S. 69`C~q-' L;. 9C~.7$ fee! s1onF the certc- ]ine of sair; creek; thence l~. X3`12'30" W. 317.54 feet . to the point o; l~egir.ning, containing 1.05 acres. more o: less. • f-.LSO DESr..' i tBU ' 8e~innir.t at a ~::;n~ ~d;,e-,c~ t:,E N~rt~? Qvar~e: C.ovnet- of said Seetivh 11 heart 1t'03' 1r1. 22~2.7Z iEEt; LI~E!'CE S. $S°43'l4" 89.84 -f•eet; thence S. ~7`25':s(~" E.. 165.46 fEEt; thEncE S. 31°59'30'' E. 141.47 feet to a point in the ' center of said creek; thence S. 65°31'36" t+'. 109.62 feet along the center line of said creek; thence S. C~9°U1'36" 1!. 103.02 feet along tt~e center lane of slid creek; thence N. 23'2q'09" 1~;. 3]9.U9 feEt to the point of beginning. ' ' TOGETIIET: 1~']TN an e2senent as described in 'Document ' reco;ciEd August 5, ]ybi~ in Eook 306 at Pale 4C3 Sn~ teco~ded i:, ~uc,>{ 30~ of Page 86 of the Trsf:] E Gounty recoros . . ALSO including, all Water and well rights • appurtErant to the above described property', . including ~:ithout licitatior•, 1,1e]] Ferc~it fto. 94702, 1:2ter rights oecrEed in Civi] f,c:ion )~a. 2375 in Lagle Count}• District Court, and sl ] that p~: tio:~ of ~:ater rights decreed in Case No. CW 4]0, Water Divisior. I:o. S. (Gore No. 1 tlell U.05 cIS) 38 ORDINANCE N0.46, Series of 1991 AN ORDINANCE AMENDING THE PLAN DOCUMENT OF THE TOWN OF VAIL EMPLOYEES' PENSION PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has adopted an Employees' Pension Plan, the effective date of which was January 1, 1983; and, WHEREAS, the Town of Vail has previously adopted five amendments to the Employees' Pension Plan; and, WHEREAS, the Town of Vail wishes to again amend the Employee Pension Plan. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The sixth amendment to the Employees' Pension Plan document which is attached to this Ordinance as Exhibit A and incorporated herein by reference is hereby adopted by the Town Council of the Town of Vail. 2. ~ If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 1 INTRODUCED, READ AND APPROVED ON FIRST READING this 19th day of November, 1991, and a public hearing shall be held on this Ordinance on the 3rd day of December, 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of November, 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. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD.46 7 EXHIBIT A SIXTH AMENDMENT TO TOWN OF ZTAIL EMPLOYEES' Pt.NSION PLAN THIS AMENDMENT is made by the Toern of Vail (herein- after referred to as the ^Employer^). WHEREAS, the Employer adopted the Town of Vai]. Employees' Pension Plan (hereinafter referred to as the "Plan") effective January 1, 1983; and WHEREAS, the Plan provides 8t section 8.1 8ls follpW6: 'The Emp].oyex' may amend, mod.;.fy or terminate the Plan..."; and WHEREAS, the Employer previously amended the Plan in certain technical resi~ects and now desires to further amend the Plan to add additional employees to the coverage of the Plan; ' NOW, 'I'HER~~'OR~, the Employer does hereby amend the Plan in the following paticulars: ARTICLE I Article III of the Plan is hereby amended by adding the following section to the end of such ,Article: "3.6 Participation of Non-Permanent Employees.' Any employee who is pct a permanent employee atld as a result is not an eligible employee in aaaordance with section 3.1 nhall be eligible to partiaip~.te in the Plan oxx a limited basis as provided in Section ~.1A below. Such parti- cipation shall be effea~.ive as of the later Of July 1, 1991 or such non-perntanetrr employee'B date of employment. ag~r-r ,F, ~ A new Section 4.1A is hereby ins®rted ix~mediately following Section 4.i of the, Plan, such Section to read in its entirety as follows: 4.1A Contributions for Non-Permanent Ent~ilovees. . (a) Emglover Contributions. ?~~vr each Plan Year, the Employer shall cor~trik,ute to the Plan to the credit of tn~a Em Moyer Contri° buti,ozx Account of each l'ari: ~_ciFant who is not otherwise an eligible employee, an . amount equal to 1.5~ of his eligible Compensation. The coi~.tri:.ution of the Employer fox any Plan Ys~al• shall bg made no later than 2-1/2 maxiths fol~.owing the end of tha Plan Year. . (b) Em:alovee Contributions. Eac2i employee who is a participant but not otherwise an eligible employee shall b~ required to contribute 6~ of his aompe~isation to the Plan for each Plan Year, prc: vided that far the Plan Year ending December 31, 1991, such contributions shall be required only after July 1, 1991. (c) Emnlover Piax.-U4 Contributions. The employee contribution of eacri participant who is not otherwise axt eligible employee f~hall be made by the Employer and deducted fxvm the compensation of}~erwise paid to the employee for all admpE~nsativn paid to such employee on or after November 20, 1991. Such contr~.but.ion shall b® con- s~.dered to be pick up ~:otitributions under the terms of Section 4 (h) of the Inter- nal RevenUg Codes of 198G. Suah partici- -2- pants shall. not nave the option of whether or not such contributions shall bo treated as employer pick-up contributions. ARTICLB ITI section 6.2 of the Plan is hereby amended by adding the fol~.owing subsection to the end of the Plan: (e) Vesting foY; ~ontribution~ i'Qar Non~Permanent ~nvloveea. The contribution made pursuant to Section 4.1A by or for any participant who is not e~tiher~aise an eligible employee, whether the contributions are made by the participant or by the gmploysr, shall be fully vested and non- forfeitable for all purposes. ARTICLE IV The amendments to the Plan set forth in Articles I through III above shall be effective as of July 1, 1991. .ARTICLE V Except as herainabova am®nded in Articles I through Iv shave, they L~mployer hereby readopts, reaffirms and redecl~?res each and every provision of the Plan. IN WITNESS WHEREOF, the Employer, at the direction of its City Council and with the consent of the Participants, has executed this Amendment as of the day of , 1991. TOWN OF VAIL By -3- o~'' / a~ TOWN OF VAIL MEMORANDUM TO: Town Council FROM: Steve Thompson DATE: November 20, 1991 RE: Re-enactment and repeal of the sales tax ordinance The following is a summary of the proposed amendments to the Town's sales tax code. We have prepared this summary since we are re- enacting and repealing the code and you will not be able to see what has been added or deleted due to the absence of highlighted changes. The majority of the amendments to the code are made in order to adopt several uniform amendments as proposed and adopted by the CML Board of Directors. The CML Board developed uniform amendments to the sales tax ordinance so that the Colorado Association of Commerce and Industry, (CACI) , would exclude from their expenditure limitation bill state control over all municipal sales taxes. CACI sees this as a way to simplify the process for businesses who collect tax for more than one city. All home rule municipalities that self collect sales tax are adopting these amendments. These amendments do not change the Town's tax base and are expected to have no impact upon the total amount of taxes collected by the Town of Vail. Summary of Amendments: 1. Standardized definitions - in section 3.40.020. 2. Moved several definitions from the exemptions and services taxed sections of the code to the definition section 3.40.020. 3. Added the following sections in their entirety. 3.40.290 Coordinated audit procedures 3.40.300 Intercity claims for recovery 3.40.310 Notice of sales tax ordinance amendment 3.40.320 Participation in simplification meetings 4. Standardize interest on delinquent taxes to 1% per month. 5. Delete the requirement that charitable organizations have a federal and Colorado tax exempt institution license in order to be tax exempt. 6. Reduce the number of days a taxpayer has to appeal a notice of assessment with the Finance Director from 30 to 20 days. ORDINANCE SERIES NO. 45, Series of 1991 , AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 3.40 OF SALES TA% OF THE MIINICIPAL CODE OF THE TOWN OF VAIL; SETTING FORTH DETAILS IN REGARDING THERETO. WHEREAS, the Colorado Association of Commerce and Industry (CACI) announced plans to initiate an expenditure limitation which included state control of local sales taxes and WHEREAS CACI agreed to delete the sales tax provision contingent upon evidence that all the home rule cities within the State of Colorado are proceeding to adopt a uniform ordinance as proposed and adopted by the Colorado Municipal League (CML) Board of Directors and WHEREAS CML has urged that each home rule city adopt, before the end of November the necessary ordinance and WHEREAS, the amendment to the Town of Vail sales tax ordinance will in no way affect the sales tax rate or the sale tax base within the Town of Vail and WHEREAS such amendments are procedural only. Now therefore be it ordained by the Town Council of the Town of Vail, Colorado: 1. Chapter 3.40 of the municipal code of the Town of Vail is hereby repealed and re-enacted to read as follows: Chapter 3.40 SALES TA1C GENERAL PROVISIONS Sections: 3.40.010 Short title. 3.40.020 Definitions. 3.40.030 Confidential nature of returns. 3.40.040 Tax cannot be absorbed. 3.40.050 Excess tax; Remittance. 3.40.060 License and tax additional. 3.40.065 Duty to keep records. 3.40.070 Administration. 3.40.080 Receipts; Disposition. 3.40.090 Applicability to banks. 3.40.100 Statute of limitations. LICENSING 1 Sections: 3.40.110 Licenses, fees, revocation. SALES TAX sections: 3.40.120 Property and services taxed. 3.40.130 Collection of sales tax. 3.40.140 Sales tax base; Schedule of sales tax. 3.40.150 Credit sales. 3.40.160 Bad debt charge-offs. 3.40.170 Exemptions. 3.40.180 Map or location guide of town boundaries. REFUNDS Sections: 3.40.190 Refunds. ENFORCEMENT Sections: 3.40.200 Recovery of taxes, penalty and interest. 3.40.210 Tax lien. 3.40.220 Interest on underpayment, overpayment, nonpayment, or extensions of time for payment of tax. 3.40.230 Other remedies. HEARINGS AND APPEALS Sections: 3.40.240 Hearings by finance director. 3.40.250 Review by district court. 3.40.260 Alternate review by department of revenue. 3.40.270 Amendments. 3.40.280 Violation - Penalty. MISCELLANEOUS sections: 3.40.290 Coordinated audit procedures. 3.40.300 Intercity claims for recovery. 3.40.310 Notice of sales tax ordinance amendment. 3.40.320 Participation in simplification meetings. GENERAL PROVISIONS 3.40.010 Short title. This Chapter shall be known as the "Town sales tax ordinance." (Ord. 31(1987) & 1.) 3.40.020 Definitions. As used in this Chapter 3.40, unless the context otherwise requires, the following terms shall have the following meanings: A. "Acquisition charges or costs" includes "purchase price", as defined in this section, subsection FF. B. "Auction sale" means any sale conducted by or transacted at a 2 permanent place of business operated by an auctioneer or a sale conducted and transacted at any location where tangible personal property is sold by an auctioneer when such auctioneer is acting as agent for the owner of such personal property or is in fact the owner thereof. The auctioneer at any sale defined in subsection II of this section, except when acting as an agent for a duly licensed retailer or vendor or when selling only tangible personal property which is exempt under the provisions of Section 3.40.170, is a retailer or vendor as defined in subsection HH of this section, and the sale made by him is a retail sale, as defined in subsection II of this section, and the business conducted by said auctioneer in accomplishing such sale is the transaction of a business as defined by subsection C. of this section. C. "Business" includes all activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. D. "Charitable organization" means any entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment). or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in any political campaign on behalf of any candidate for public office (including the publishing or distributing of statements). E. "Construction materials" means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a complete structure or project including public and private improvements. Construction materials include, but are not limited to, such things as asphalt, bricks, builder's hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lathe, lead, lime, lumber, macadam, mill work, mortar, oil, paint, piping, pipe valves, and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, roadbase, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs, and other landscaping materials, wallboard, wall coping, wallpaper, weather stripping, wire netting, and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral or inseparable part of a completed structure or project are not construction materials. Construction materials do not include such things as: carpeting, equipment, furniture, removable 3 fixtures, window coverings, or similar items. F. "Consumer" means (A) any individual person or (B) person engaged in business in the Town who uses, stores, distributes or otherwise consumes in the Town tangible personal property or taxable services purchased from sources inside or outside the Town. G. "Town" means the municipality of Town of Vail. H. "Town clerk" means the clerk of the town. I. "Town council" means the council of the town. J. "Town manager" means the manager of the town. K. "County" means Eagle County, Colorado. L. "County clerk and recorder" means the county clerk and recorder for the county. M. "Department of revenue" means the department of revenue of the state. N. "District court" means the district court in and for Eagle County, Colorado. O. "Engaged in Business in the Town" means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption within the Town. Engaged in business in the Town includes, but is not limited to, any one of the following activities by a person: 1. Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; 2. Sends one or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; 3. Maintains one or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; 4. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or 5. Makes more than one delivery into the taxing jurisdiction within a twelve month period. P. Exempt Commercial Packaging Materials" means containers, labels and shipping cases sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use that meets all of the following conditions: (i) is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or bottler to contain or label the finished product; (ii) is transferred by said person along with and as a part of the finished product to the purchaser; and (iii) is not returnable to said person for reuse. Q. "Finance department" means the finance department of the town. R. "Finance director" means the administrative services director of the town or such other person designated by the 4 municipality; "Finance Director: shall also include such person's designee. S. "Gross sales" means the total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal property or services. T. "Gross taxable sales" means the total amount received in money, credits, or property, excluding the fair market value of exchanged property which is to be sold thereafter in the usual course of the retailer's business, or other consideration valued in money from sales and purchases at retail within this town and embraced within the provisions of this Chapter 3.40. The taxpayer may take credit in his report of gross sales for an amount equal to the sale price of property returned by the purchaser when the full sale price thereof is refunded whether in cash or by credit. The fair market value of any exchanged property which is to be sold thereafter in the usual course of the retailer's business, if included in the full price of a new article, shall be excluded from the gross sales. On all sales at retail that are valued in money, when such sales are made under conditional sales contract, or under other forms of sale where the payment of the principal sum thereunder is extended over a period longer than sixty days from the date of sale thereof, only such portion of the sale amount thereof may be counted for the purpose of imposition of the tax imposed by this Chapter 3.40 as has actually been received in cash by the taxpayer during the period for which the tax imposed by this Chapter 3.40 is due and payable. U. "Linen Services" means services involving provision and cleaning of linens, including but not limited to rags, uniforms, coveralls and diapers. V. "License" means a sales tax license. W. "Lodging Services" means the furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, for a period of less than thirty consecutive days under any concession, permit, right of access, license to use, or other agreement, or otherwise. X. "Mayor" means the mayor of the town. Y. "Medical Supplies" means drugs dispensed in accordance with a prescription; insulin in all its forms dispensed pursuant to the direction of a licensed physician; glucose useable for treatment of insulin reactions; urine- and blood-testing kits and materials; insulin measuring and injecting devices, including hypodermic syringes and needles; prosthetic devices; wheelchairs and hospital beds; drugs or materials when 5 furnished by a doctor as part of professional services provided to a patient; and corrective eyeglasses, contact lenses, or hearing aids. Z. "Modified computer software programs" means that one of the following elements must be present: 1. The preparation or selection of the program for the customer's uses requires an analysis of the customer's requirement by the vendor; or 2. The program requires adaptation by the vendor to be used in a specific output device. AA. "Newspaper" means a publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulares, directories, maps, racing programs, reprints, newspaper clipping and mailing services or listings, publications that include an updating or revision service, or books or pocket editions of books. BB. "Pay Television" shall include, but not be limited to, cable, microwave or other television service for which a charge is imposed, except for cable or subscription television fees which are not charged on a pay-per-view basis. CC. "Person" means any individual, firm, partnership, joint venture, corporation, estate or trust, receiver, trustee, assignee, lessee or any person acting in the fiduciary or representative capacity, whether appointed by court or otherwise or any group or combination acting as a unit. DD. "Drugs Dispensed in Accordance with a Prescription" means drugs dispensed in accordance with any order in writing, dated and signed by a licensed practitioner of the Healing Arts, or given orally by a practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and address of the person for whom the medicine or drug is offered and directions, if any, to be placed on the label. EE. "Prescription Drugs for Animals" means drugs dispensed in accordance with any order in writing, dated and signed by a practitioner, or given orally by a practitioner, specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. FF. "Purchase price" means the price to the consumer, exclusive of any direct tax imposed by the federal or state government or by this Chapter 3.40, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange if: 1. Such exchanged property is to be sold thereafter in the usual course of the retailer's business. 2. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to 6 licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value or exchanged property is subject to tax. "Price" or "Purchase Price" includes: 1. The amount of money received or due in cash and credits. 2. Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business. 3. Any consideration valued in money, such as trading stamps or coupons whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange. 4 . The total price charged on credit sales including finance charges which are not separately stated. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated is not part of the purchase price. 5. Installation, delivery and wheeling-in charges included in the purchase price and not separately stated. 6. Transportation and other charges to effect delivery of tangible personal property to the purchaser. 7. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock. 8. The gross purchase price of articles sold after manufacturing or afte~:• having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. "Price" or "Purchase Price" shall not include: 1. Any sales or use tax imposed by the State of Colorado or by any political subdivision thereof. 2. The fair market value of property exchanged if such property is to be sold thereafter in the retailers usual course of business. This is not limited to exchanges in Colorado. Out of state trade-in's are an allowable adjustment to the purchase price. 3. Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. GG. "Prosthetic Devices" means any artificial limb, part, device or appliance for human use which aids or replaces a bodily 7 function; is designed, manufactured, altered or adjusted to fit a particular individual; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but are not limited to prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, oxygen concentrators and oxygen with related accessories. HH. "Retailer" or "Vendor" means any person selling, leasing or renting tangible personal property or services at retail. Retailer shall include any: 1. Auctioneer; 2. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; 3. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes. II. "Retail Sales" means all sales except wholesale sales. JJ. "Return" means the sales tax reporting form used to report sales tax. KK. "Purchase" or "sale" means the acquisition for any consideration by any person of tangible personal property or taxable services that are purchased, leased, rented, sold, used, stored, distributed, or consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment and credit sales, and property and services acquired by: 1. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property; 2. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property or taxable services; the utilization of coin operated devices, except coin-operated telephones, which do not vend articles of tangible personal property shall be considered short term rentals of tangible personal property. 3. Performance of taxable services; or 4. Barter or exchange for other property or services including coupons. 5. "Sale" or "sale and purchase" excludes: a. A division of partnership assets among the partners according to their interests in the partnership; b. The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all of the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed; c. The transfer of assets of shareholders in the formation or dissolution of professional 8 corporations; d. The dissolution and the pro rata distribution of the corporation's assets to its stockholders; e. The transfer of assets from a parent corporation to a subsidiary corporation or corporations which are owned at least eighty percent by the parent corporation, which transfer is solely in exchange for stock or securities of the subsidiary corporation; f. The transfer of assets from a subsidiary corporation or corporations which are owned at least eighty percent by the parent corporation, to a parent corporation which transfer is solely in exchange for stock or securities of the parent corporation or the subsidiary which received the assets; g. A transfer of a partnership interest; h. The transfer in a reorganization qualifying under Section 368(a)(1) of the Internal Revenue Code of 1954, as amended; i. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership in exchange for proportionate interests in the partnership; j. The repossession of personal property by a chattel mortgage holder or foreclosure by a lien holder; and k. The transfer of assets between parent and closely held subsidiary corporations, or between subsidiary corporations closely held by the same parent corporation, or between corporations which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this Chapter 3.40 was paid by the transferor corporation at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor corporation. To such an extent any transfer referred to in this paragraph (11) shall constitute a sale provided by Section 3.40.140, subsection A. For the purposes of this paragraph k, a closely held subsidiary corporation is one in which the parent corporation owns stock possessing at least eighty percent of the total combined voting power of all classes of stock entitled to vote and owns at least eighty percent of the total number of shares of all other classes of stock. LL. "Tax" means the tax to be collected and remitted by a retailer on sales taxed under this Code. 9 MM. "School" means an educational institution having a curriculum comparable to grade, grammar, junior high, high school, or college, or any combination thereof, requiring daily attendance and charging a tuition fee. NN. "State" means the State of Colorado. 00. "Tangible personal property" means corporeal personal property. PP. "Tax Deficiency" means any amount of tax that is not reported or not paid on or before the due date. QQ. "Taxable Sales" means gross sales less any exemptions and deductions specified in this Code. RR. "Taxpayer" means any person obligated to collect and/or pay tax under the terms of this Code. SS. "Wholesale Sales" means sales to licensed retailers, jobbers, dealers or wholesalers for resale. Sales by wholesalers to consumers are not wholesale sales. Sales by wholesalers to non-licensed retailers are not wholesale sales. TT. "Wholesaler" means any person selling to retailers, jobbers,. dealers, or other wholesalers, for resale, and not for storage, use, consumption, or distribution. W. "Wholesale" means a sale by wholesalers to retail merchants, jobbers, dealers, or other wholesalers for resale and does not include a sale by wholesalers to users or consumers not for resale; the latter types of sales shall be deemed to be retail sales and shall be subject to the provisions of this Chapter 3:40. (Ord. 34(1990) & 1; ard. 31(1987) & 1.) 3.40.030 Confidential nature of returns. A. Except in accordance with judicial order or as otherwise provided herein, the town manager, the finance director, and their agents, clerks, and employees shall not divulge any information gained from any return filed under the provisions of this Chapter 3.40. B. The town officials charged with the custody of returns filed pursuant to this chapter 3.40 shall not be required to produce such returns or evidence of any matters contained therein in any action or proceeding in any court, except on behalf of the finance director in an action under the provisions of this Chapter 3.40 to which the finance director is a party, or on behalf of any party to an action or proceeding under the provisions of this Chapter 3.40 or to punish a violator thereof or pursuant to any judicial order in which event the court may require the production of and may admit in evidence so much of such returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. C. No provision of this Section 3.40.030 shall be construed to prohibit the delivery to a taxpayer or to his duly authorized representative of a copy of any return or report filed in connection with his tax, nor to prohibit the publication of statistics so classified as to prevent the identification of particular reports or returns and the information contained therein, nor to prohibit the inspection of the town attorney 1U or any other legal representative of the town of the report or return of any taxpayer who shall bring an action to set aside or review the tax based thereon or against whom an action or proceeding is contemplated or has been instituted under this Chapter 3.40. D. The provisions of this Section 3.40.030 shall not preclude the town manager, the finance director, and their agents, clerks, and employees from divulging any information gained from any return or audit to the federal government, the state, the department of revenue, the town or any other municipality, the town attorney, the town manager, or the finance director, nor shall the town manager, the finance director, and their agents, clerks, or employees be liable to any person, firm or corporation for such disclosure made for the purpose of computing or collecting the tax due and owing from any person, firm or corporation, or for the purpose of verifying compliance with this Chapter 3.40 or for the purpose of investigating any criminal or illegal activity. E. Any town officer or employee, or any agent thereof, who shall divulge any information classified by this Chapter 3.40 as confidential in any manner except in accordance with proper judicial order or as otherwise provided herein or by other law shall be guilty of a violation of this Chapter 3.40 and shall be punished in the manner provided by State law. (Ord. 31(1987) & 1.) 3.40.040 Tax cannot be absorbed. It is unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof imposed by this Chapter 3.40 shall be assumed or absorbed by the retailer or that it shall not be added to the selling price of the property sold or the services tendered, or if added, that it or any part thereof shall be refunded. (Ord. 31(1987) & 1.) 3.40.050 Excess tax; Remittance. If any vendor during any reporting period, collects as a tax an amount in excess of four percent of his total taxable sales, then he shall remit to the finance director the full net amount of the tax imposed in this Chapter 3.40 and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the four percent of the total taxable sales of such retailer or vendor of the intentional failure to remit punctually to the finance director the full amount required to be remitted by the provisions of this Chapter 3.40 is declared to be a violation of this Chapter 3.40 and shall be recovered, together with interest, penalties and costs, as provided in Chapter 3.40. (Ord. 31(1987) & 1.) 3.40.060 License and tax additional. The license and tax imposed by this Chapter 3.40 shall be in addition to all other licenses and taxes imposed by law, except as 11 otherwise provided in this Chapter 3.40. (Ord. 31(1987) & 1.) 3.40.065 Duty to keep records. It is the duty of every taxpayer to keep and preserve suitable records and such other books or accounts as may be necessary to determine the amount of tax for the collection of which he is liable under this Chapter 3.40. It is the duty of every such taxpayer to keep and preserve for a period of three years all invoices of goods and merchandise purchased. All such books, invoices, and other records shall be open for examination and audit at any time by the finance director or his duly authorized agent. (Ord. 31(1987) & 1.) 3.40.070 Administration. The town manager may adopt rules and regulations in conformity with this Chapter 3.40 for the proper administration and enforcement of this Chapter 3.40. The administration of this Chapter 3.40 is vested in and shall be exercised by the town manager. The finance director shall assist the town manager in the administration of this Chapter 3.40 to the extent provided herein and in the rules and regulations promulgated hereunder. (Ord. 31(1987) & 1.) 3.40.080 Receipts; Disposition. The monies received by the finance director from the tax imposed and collected pursuant to this Chapter 3.40 shall be deposited in the general fund and capital projects fund of the town. (Ord. 31(1987) & 1.) 3.40.090 Applicability to banks. The provisions of this Chapter 3.40 shall apply to national banking associations and to banks organized and chartered under state law. (Ord. 31(1987) & 1.) 3.40.100 Statute of limitations. The taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter 3.40 shall not be assessed, nor shall any notice of lien be filed, or distraint warrant issued, or suit for collection be instituted, nor any other action to collect the same be commenced, more than three years after the date on which the tax was or is payable, nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which cases such lien shall continue only for one year after the filing of notice thereof. The statute of limitations period as set forth herein above in this Section 3.40.100 shall not apply if: A. A taxpayer files a false or fraudulent return with the intent to evade the tax imposed by this Chapter 3.40; or B. If a taxpayer fails to file a return as required by Section 3.40.130. In the case of a false or fraudulent return with the intent to evade the tax imposed by this Chapter 3.40, the tax, together with interest and penalties thereon, may be 12 assessed, or proceedings for the collection of such taxes may be begun at any time. In the case of failure to file a return, the tax, together with interest and penalties thereon, may be assessed and collected at any time. Before the expiration of such period of limitation, the taxpayer and the finance director may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. (Ord. 31(1987) & 1.) LICENSING 3.40.110 Licenses, fee, revocation A. A sales tax license shall be required for any person who is engaged in business in the Town and selling at retail in the town tangible personal property or services that are taxable hereunder which are purchased in the town and are subject to sales tax pursuant to this Chapter 3.40. A tax license shall be granted and issued by the finance director and shall be in force and effect until the earlier of: 1. Revocation of such license; or 2. Sale or termination of the business, if any, relating to such license. Such licenses shall be granted only upon application stating the name and address of the person desiring such license, the name of such business, if any, and the location, including the street number of such business, if any, and such other facts as the finance director may require. No license issued pursuant to this Section 3.40.110 shall be transferable. B. If engaged in business at two or more separate places by one person, a separate license for each place of business shall be required. C. Each license shall be numbered and shall show the name of the licensee and the place of business of the licensee and shall be posted in a conspicuous place at the place of business for which it is issued. If the licensee does not have a place of business, then the license shall show the mailing address of such licensee. D. The finance director, after reasonable notice and a full hearing, may revoke the license of any person found by him to have violated any provision of this Chapter 3.40. E. Any findings and order of the finance director revoking the license of any person shall be subject to review by the district court upon application of the aggrieved party. The procedure for review shall be, as nearly as possible, the same as provided for the review of findings as provided by proceedings in the nature of certiorari. F. No license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under this Chapter 3.40. (Ord. 31(1987) & 1.) 13 SALES TAx 3.40.120 Property and services taxed. There is levied, and there shall be collected and paid a sales tax in the amount stated in Section 3.40.140 as follows: A. On the purchase price paid or charged upon all sales, purchases, rentals and leases of tangible personal property at retail. B. In the case of retail sales involving the exchange of property, on the purchase price paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, excluding, however, from the consideration of the purchase price, the fair market value of the exchanged property, provided that such exchanged property is to be sold thereafter in the usual course of the retailer's business. C. Upon telephone and telegraph services, whether furnished by public or private corporations or enterprises, for all intrastate telecommunication services originating from or received on telecommunication equipment in the town if the charge for the service is billed to a person in the town or billed to an affiliate or division of such person in the town on behalf of a person in the town. D. For gas and electric service, whether furnished by municipal, public, or private corporations or enterprises, for gas and electricity furnished and sold for commercial consumption and not for resale, upon steam when consumed or used by the purchaser and not resold in original form whether furnished or sold by municipal, public or private corporations or enterprises. E. 1. Upon all sales of food; 2. Upon the amount paid for food or drink served or furnished in or by restaurants, cafes, lunch counters, cafeterias, hotels, drugstores, social clubs, nightclubs, cabarets, resorts, snack bars, caterers, carryout shops, and other like places of business at which prepared food or drink is regularly sold, including sales from pushcarts, motor vehicles, and other mobile facilities. Cover charges shall be included as part of the amount paid for such food or drink. The amount paid for sales of meals by any of the employees of the above listed establishments, whether at full price or at reduced price, shall be included herein. F. Lodging services in Section 3.40.020, subsection W. G. Pay television in Section 3.40.020, subsection BB. H. Prescription drugs for animals in Section 3.040.020, subsection EE. I. Linen services in Section 3.040.020, subsection U. 3.40.130 Collection of sales tax. A. Every retailer, also in this Chapter 3.40 called "vendor", engaged in business in the Town shall, irrespective of the 14 provisions of Section 3.40.140, be liable and responsible for the payment of an amount equal to four percent of all sales made by him of commodities or services as specified in Section 3.40.120 and shall before the twentieth day of each month make a return to the finance director for the preceding calendar month and remit an amount equal to said four percent on such sales to said finance director. For the purposes of this paragraph, all such returns and remittance shall be considered made to the finance director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or his duly authorized agent shall be furnished by the finance department. The town shall use the standard municipal sales tax reporting form and any subsequent revisions thereto adopted by the executive director of the department of revenue by the first full month commencing 120 days after the effective date of the regulation adopting or revising such standard form. B. If the accounting methods regularly employed by the vendor in the transaction of his business or other conditions are such that the returns of sales made on a calendar month basis shall impose unnecessary hardship, the finance director, upon written request of the vendor, may accept returns at such intervals as shall, in his opinion, better suit the convenience of the taxpayer, and shall not jeopardize the collection of the tax. The finance director may permit taxpayers whose monthly collective tax is less than one hundred fifty dollars to make returns and pay taxes at intervals not greater than three months. C. The finance director may extend the date for making a return and paying the taxes due under such reasonable rules and regulations as may be prescribed therefore but no such extension shall be for a greater period than as provided in Section 3.40.130 B. D. The burden of proving that any retailer is exempt from collecting the tax on any goods or services sold and paying the same to the finance director, or from making such returns, shall be on the retailer or vendor under such reasonable requirements of proof as set forth in the rules and regulations prescribed therefore. E. If a dispute arises between the purchaser and seller as to whether or not any sale, service, or commodity is exempt from taxation under Section 3.40.1.70, nevertheless the seller shall collect, and the purchaser shall pay the tax, and the seller shall thereupon issue to the purchaser a receipt or certification, on forms furnished by the finance department, showing the names of the seller and the purchaser, the items purchased, the date, price, amount of tax paid, and a brief statement of the claim of exemption. The purchaser thereafter may apply to the finance director for a refund of such taxes, 15 and it is then the duty of the finance director to determine the question of exemption. The purchaser may request a hearing pursuant to Chapter 3.40, and the final determination of the finance director may either be appealed to the district court pursuant to Chapter 3.40 or the department of revenue pursuant to Chapter 3.40. F. The town's sales tax shall not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of the sales tax required to be paid pursuant to Section 3.40.140. A credit shall be granted against the town's sales tax with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed the amount of the sales tax required to be paid pursuant to Section 3.40.140. (Ord. 33(1988) && 2, 3: Ord. 10(1988) && 1, 2: Ord. 31(1987) & 1.) 3.40.140 Sales tax base; Schedule of sales tax. A. Except as otherwise provided in this subsection A, the sales tax is imposed on the full purchase price of articles sold after manufacture or after having been made to order, and includes the full purchase price for material used and the service performed in connection therewith, excluding, however, such articles as are otherwise exempted in this Chapter 3.40. In connection with the transaction referred to in Section 3.40.020, subsection KK, paragraph 5,k, the sales tax is imposed only on the amount of any increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor corporation. Except as otherwise provided in this subsection A, the sales price is the gross value of all materials, labor, and service, and the profit thereon, included in the price charged to the user or consumer. B. There is imposed upon all sales of commodities and services specified in Section 3.40.:L20 a tax at the rate of four percent of the amount of the sale, to be computed in accordance with the schedules or systems set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty-four cents or less. C. Except as provided in paragraph 1 of this subsection C, retailers shall add the tax imposed, or the average equivalent thereof, to the sale price or charge, showing such tax as a separate and distinct item, and when added, such tax shall constitute a part of such price or charge and shall be a debt from the consumer or user to the retailer until paid and shall be recoverable at law in the same manner as other debts. 1. Any retailer selling malt, vinous, or spirituous liquors 1h by the drink may include in his sales price the tax levied under this Chapter 3.40, except that no retailer shall advertise or hold out to the public in any manner, directly or indirectly, that such tax is not included as a part of the sales price to the consumer. The schedule referred to in subsection B of this section shall be used by such retailer in determining amounts to be included in such sales price. No .such retailer shall gain any benefit from the collection or payment of such tax, nor shall the use of the schedule referred to in subsection B of this section relieve such retailer from liability for payment of the full amount of the tax imposed pursuant to Section 3.40.120. 2. Any retailer of food may include in his sales price the tax levied under this Chapter 3.40, except that no retailer shall advertise or hold out to the public in any manner, directly or indirectly, that such tax is not included as a part of the sales price to the consumer. All menus or menu boards shall state "sales tax included". D. Special accounting-sales by qualified non-profit organizations. Non-profit organizations selling taxable tangible personal property or services as defined by this code must collect sales tax and purchasers must pay sales tax on such sales, subject to the conditions set forth below. It is the desire of the town council that the taxes collected by qualified non-profit organizations be retained by that organization as a contribution of additional funds to be used in the course of that organization's charitable service to the community. Therefore, organizations are not required to remit or report sales tax collections to the town provided that the organization meets the following criteria: 1. The organization has been authorized in writing by the Internal Revenue Service as a Section 501(c)(3) organization or has been approved in writing by the finance director as being a voluntary, not for profit organization whose fund raising activities are primarily for the providing of services in Vail. , 2. The town sales tax shall be included in the stated selling price and the total proceeds of the sale of taxable tangible personal property or services shall be retained and expended by the qualifying organization to provide charitable services; and 3. The activity at which taxable tangible property or service is being sold is an occasional business activity specifically held for fund raising; and 4. The organization applies to the town finance director on an annual basis for a special license to be conspicuously displayed at all eligible fund raising events and provides access to any financial records or documents necessary to determine compliance with this subsection D. (Ord. 12 (1990) & 1: Ord. 19 (1988) & 1: Ord. 31(1987) & 17 1.) 3.40.150 Credit sales. A. In the case of a sale upon credit, or a contract for sale where the price is paid in installments, and title does not pass until a future date, or a sale secured by a chattel mortgage or a conditional sale, there shall be paid upon each payment that portion of the total tax which the amount paid bears in relation to the total purchase price. B. If the retailer transfers, sells, assigns, or otherwise disposes of an account receivable, then he shall be deemed to have received the full balance of the consideration for the original sale and shall be liable for the remittance of the sales tax on the balance of the total sale price not previously reported, except that such transfer, sale, assignment, or other disposition of an account receivable by a retailer to a closely held subsidiary, as defined in Section 3.40.020, subsection KK, paragraph 5,k shall not be deemed to require the retailer to pay the sales tax on the credit sale represented by the account transferred prior to the time that the customer makes payment on said account. (Ord. 31(1987) & 1.) 3.40.160 Bad debt charge-offs. Taxes paid on gross taxable sales represented by accounts found to be worthless and actually charged off for income tax purposes may be credited upon a subsequent payment of the tax provided in this Chapter 3.40, but if any such accounts are thereafter collected by the taxpayer, then a tax shall be paid upon the amounts so collected. Ord. 31(1987) & 1.) 3.40.170 Exemptions. The following goods and services shall be exempt from sales tax under the provisions of this Chapter 3.40: A. All sales to the United States government and to the state, its departments and institutions and the political subdivisions thereof in their governmental capacities only. B. All sales made to charitable organizations in the conduct of their regular charitable functions and activities. For the purposes of this section, the definition of "charitable" shall be as follows: 1. For the purpose of this section, "religious", "religious purposes", and "quasi-governmental purposes" shall be defined as being charitable or for charitable use only. 2. "Charitable" requires the dispensation of charity and benevolence resulting in the rendition of service to the community. 3. Sales to ministers, priests, rabbis, or other employees, staff members, faculty, and students of religious or charitable organizations for their personal use are taxable. C. All sales which the town is prohibited from taxing under the 18 constitution or laws of the United States, the state, or the town's charter. D. All sales of cigarettes. E. Medical Supplies as set forth in Section 3.040.020, subsection Y. F. All sales made to schools, other than schools held or conducted for private or corporate profit. G. All sales of construction and building materials, as such term is used in Section 29-2-109 of the Colorado Revised States, if such materials are picked up by the purchaser or if the purchaser of such materials gives to the retailer a building permit number. H. The transfer of tangible personal property without consideration (other than the purchase, sale or promotion of the transferor's product) to a vendee located outside the town for use outside the town in selling products normally sold at wholesale by the transferor. I. All commodities which are taxed under the provisions of Article 27, Title 39 of the Colorado Revised Statutes, and all commodities which are taxed under such provisions and for which the tax is refunded, and the sale of special fuel, as defined in Section 39-27-201 (8) of the Colorado Revised Statutes, used for the operation of farm vehicles are being used on farms and ranches. J. Exempt commercial packaging materials as set forth in Section 3.040.020, subsection P. K. 1. All sales of construction and building materials to contractors and subcontractors for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned or used by: a. The United States government, the state, its departments and institutions, and the political subdivisions thereof in their governmental capacities only; b. Charitable organizations in the conduct of their regular charitable functions and activities; or c. Schools, other than schools held or conducted for private or corporate profit. 2. On application by a purchaser or seller, the finance director shall issue to a contractor or subcontractor a certificate or certificates of exemption indicating that the contractor's or subcontractor's purchase of construction or building materials is for a purpose stated in paragraph 1. of this subsection K and is, therefore, free from sales tax. The finance director shall provide forms for such application and for such certificate and shall have the authority to verify that the contractor or subcontractor is, in fact, entitled to the issuance of such certificate prior to such issuance. L. 1. Sales to and purchases of tangible personal property by a person engaged in the business of manufacturing; compounding for sale, profit or use, any article, 19 substance, or commodity which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded or furnished, and the container, label or the furnished shipping case thereof, shall be exempt from taxation under this Chapter 3.40. 2. As used in paragraph 1. of this subsection L. with regard to food products, tangible personal property enters into the processing of such products and, therefore, is exempt from taxation when: a. It is intended that such property become an integral or constituent part of a food product which is intended to be sold ultimately at retail for human consumption; or b. Such property, whether or not it becomes an integral or constituent part of a food product, is a chemical, solvent, agent, mold skin casing, or other material, is used for the purpose of producing or inducing a chemical or physical change in a food product or is used for the purpose of placing a food product in a more marketable condition and is directly utilized and consumed, dissipated, or destroyed, to the extent it is rendered unfit for further use, in the processing of a food product which is intended to be sold ultimately at retail for human consumption. M. All sales and purchases of electricity, coal, gas, fuel oil, coke, or nuclear fuel, for use in processing, manufacturing, mining, refining, irrigation, construction, telecommunication services and street and railroad transportation services and all industrial uses. N. In any case in which a sales tax has been imposed under this Chapter 3.40 on lubricating oil used other than in motor vehicles, the purchaser thereof shall be entitled to a refund equal to the amount of the sales tax paid on that portion of the sales tax price thereof which is attributable to the federal excise tax imposed on the sale of such lubricating oil. The refund allowed under this subsection N shall be paid by the finance director upon receiving under Section 6425 of the Internal Revenue Code of 1954, as amended a refund of~the federal excise tax paid on the sale of such lubricating oil. The claim for a refund shall be made upon forms furnished by the finance department. O. All sales and purchases of refactory materials and carbon electrodes used by a person manufacturing iron and steel for sale or profit and all sales and purchases of inorganic chemicals used in the processing of vanadium-uranium ores. P. All sales and purchases of newsprint and printer's ink for use by publishers of newspapers and commercial printers and all sales and purchasers of newspapers, as such term is defined in Section 24-70-102 of the Colorado Revised Statutes. Q. All sales of tangible personal property purchased or sold 20 within the town if delivered outside the town to the purchaser. (Ord. 33(1988) & 4-8:Ord. 10(1988) & 3-5:Ord. 31(1987) & 1.) R. Modified computer software programs in Section 3.040.020, subsection Z. S. The sale of food as defined in Section 2012 (g) of Title 7 of the United States Code as of, and as it may be amended after, October 1, 1987, that is purchased by the medium of exchange commonly known as "food stamps", and the sale of food as defined in or pursuant to Section 1786 of Title 42 of the United States Code as of, and as it may be amended after, October 1, 1987, that is purchased with vouchers, checks, or similar certificates of exchange for the "Special Supplemental Food Program" for Women, Infants, and Children. 3.40.180 Map or location guide of town boundaries. The finance department shall make available to any requesting vendor a map or location guide showing the boundaries of the town. The requesting vendor may rely on such map or location guide and any update thereof available to such vendor in determining whether to collect a sales tax. No penalty shall be imposed or action for deficiency maintained against a vendor who in good faith complies with the most recent map or location guide available to such vendor. (Ord. 31(1987) & 1.) REFUNDS 3.40.190 Refunds. A. A refund shall be made, or credit allowed, for the sales tax so paid under dispute by any purchaser or user who claims an exemption pursuant to Section 3.40.170. Such refund shall be made by the finance director after compliance with the following conditions precedent: Applications for refund shall be made within sixty days after the purchase of the goods or services whereon an exemption is claimed and must be supported by the affidavit of the purchaser accompanied by the original paid invoice or sales receipt and certificate issued by the seller and shall be made upon such forms as shall be prescribed therefor. B. Upon receipt of an application, the finance director shall examine the same with due speed and shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within twenty days after such decision is mailed to them, may petition the finance director for a hearing on the claim in the manner provided in Section 3.40.240 and may either appeal to the district court in the manner provided in Section 3.40.250 or to the department of revenue in the manner provided in Section 3.40.260. The right of any person to a refund under this Chapter 3.40 shall not be assignable, except as provided in subsection D. of this section, such application for refund must be made by the same person who purchased the goads or services and paid the tax 21 thereon as shown in the invoice of the sale thereof. C. A refund shall be made or a credit allowed by the finance director to any person entitled to an exemption where such person establishes that: 1. A tax was paid by another person, the purchaser, on a purchase made on behalf of the person entitled to an exemption; 2. A refund has not been granted to such purchaser; and 3. The person entitled to the exemption paid or reimbursed such purchaser for such tax. The burden of proving that sales, services, and commodities on which tax refunds are claimed are exempt from taxation under this Chapter 3.40 or were not at retail shall be on the person making such claim under such reasonable requirements of proof as set forth in the rules and regulations prescribed therefor. No such refund shall be made or credit allowed in an amount greater than the tax paid. D. Such application for refund under subsection C. of this section shall be made on forms furnished by the finance department. Upon receipt of such application and proof of the matters contained therein, the finance director shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within twenty days after such decision is mailed to them, may petition the finance director for a hearing on the claim in the manner provided in Section 3.40.240 and may either appeal to the district court in the manner provided in Section 3.40.250 or to the department of revenue in the manner provided in Section 3.40.260. Any applicant for a refund under the provisions of this subsection D. or any other person, who makes any false statements in connection with an application for a refund of any taxes is guilty of a violation of this Chapter 3.40 and shall be punished in the manner provided by state law. E. Claims for tax monies paid in error or by mistake shall be made within three years after the date of purchase, storage, use or consumption of the goods or services for which the refund is claimed and shall be processed for refund in accordance with the rules and. regulations prescribed therefor under subsection D. above, except that the proceeds of any such claim for a refund shall first be applied by the finance department to any tax deficiencies or liabilities existing against the claimant before allowance of such claim by the finance department, and further except that if such excess payment of tax monies in any period is discovered as a result of an audit by the finance department, and deficiencies are discovered and assessed against the taxpayer as a result of such audit, then such excess monies shall be first applied against any deficiencies outstanding to the date of the assessment but shall not be applied to any future tax liabilities. F. If any person is convicted under the provisions of this 22 Section, such conviction shall be prima facie evidence that all refunds received by such person during the current year were obtained unlawfully, and the finance director is empowered to bring appropriate action for recovery of such refunds. A brief summary statement of the above-described penalties shall be printed on each form for a refund. (Ord. 31(1987) & l.) ENFORCEMENT 3.40.200 Recovery of taxes, pena]Lty and interest. A. All sums of money paid by the purchaser to the retailer as taxes imposed by this Chapter 3.40 shall be and remain public money, the property of the town, in the hands of such retailer, and he shall hold the same in trust for the sole use and benefit of the town until paid to the finance director, and for failure to so pay to the finance director, such retailer shall be punished as provided herein. B. 1. If a person neglects or refuses to make a return in payment of the sales tax or to pay any sales tax as required by this Chapter 3.40, within five business days after the same are due, then the finance director shall make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars for such failure or ten percent thereof, whichever is greater, and interest on such delinquent taxes at the rate of one percent (1%) per month from the time the return was due. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added one hundred percent of the total amount deficiency and in such case, the whole amount of the tax unpaid, including the additions, shall become due and payable ten days after written notice and demand by the finance director, and an additional three percent per month on said amount shall be added from the date that the return was due until paid. 2. Promptly thereafter, the finance director shall give to the delinquent taxpayer written notice of such estimated taxes, penalty, and interest, which notice of assessment shall be sent by first-class mail directed to the last address of such person on file with the finance department. Such estimate shall thereupon become a notice of deficiency. Within twenty days after the notice.of deficiency is mailed, the taxpayer may petition the finance director for a hearing in the manner provided in Section 3.40.240 and either may appeal to the district court as provided in Section 3.40.250 or to the Department of Revenue as provided in Section 3.40.260. C. 1. If any taxes, penalty, or interest imposed by this Chapter 3.40 and shown due by returns filed by the 23 taxpayer or as shown by assessments duly made as provided in this section are not paid within five days after the same are due, then the finance director shall issue a notice, setting forth the name of the taxpayer, the amount of the tax, penalties and interest, and the date of the accrual thereof and the town claims a first and prior lien therefor on the real and tangible personal property of the taxpayer except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgement creditor, or purchaser whose rights have attached prior to the filing of the notice as provided in this section on property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. 2. Said notice shall be on forms furnished by the finance department and shall be verified by the town manager or by the finance director or any duly qualified agent of the town manager or the finance director, whose duties are the collection of such tax, and may be filed in the office of the county clerk and recorder in which the taxpayer owns real or tangible personal property, and the filing of such notice shall create a lien on such property in that county and constitute notice thereof. After said notice has been filed, or concurrently therewith, or at any time when taxes due are unpaid, whether such notice shall have been filed or not, the finance director may issue a warrant directed to any duly authorized revenue collector, or the sheriff of the county commanding him to levy upon, seize, and sell sufficient of the real and personal property of the amount due together with interests, penalties, and costs, as may be provided by law, subject to valid pre-existing claims or liens. D. Such revenue collector or the sheriff shall forthwith levy upon sufficient of the property of the taxpayer or any property used by such taxpayer in conducting his retail business, and said property so levied upon shall be sold in all respects to with like effect and in the same manner as is prescribed by law with respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply. The sheriff shall be entitled to such fee in executing such warrants as are allowed by law for similar services. E. Any lien for taxes as shown on the records of the county clerks and recorders as provided in this section, upon payment of all taxes, penalties, and interest covered thereby shall be released by the finance director in the same manner as mortgages and judgments are released. F. 1. The finance director may also treat any such taxes, penalties, or interest due and unpaid as debt due to the town from the vendor. The return of the taxpayer or the assessment made by the finance director, as provided in this Chapter 3.40 shall be prima facie proof of the 24 amount due. 2. To recover such taxes, penalties or interest due, the finance director may bring an action in attachment, and a writ of attachment may be issued to the sheriff. In any such proceedings, no bond shall be required of the finance director, nor shall any sheriff require of the finance director an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The finance director may prosecute appeals in such cases without the necessity of providing bond thereof. It is the duty of the town attorney, when requested by the finance director, to commence action for the recovery of taxes due under this Chapter 3.40, and this remedy shall be in addition to all other existing remedies or remedies provided in this Chapter 3.40. G. In any action affecting the title to real estate or the ownership or rights to possession of personal property, the town may be made a party defendant for the purpose of obtaining an adjudication or determination of its lien upon the property involved therein. In any such action, service of summons upon the finance director or any person of the office of the finance director shall be sufficient service and shall be binding upon the town. H. The finance director is authorized to waive, for good cause shown, any penalty and interest assessed as provided in this Chapter 3.40. I. If a taxpayer pays for any tax imposed pursuant to this Chapter 3.40 by check for which there are insufficient funds to cover such check, then the finance director may assess a penalty against such taxpayer as follows: 1. Fifteen dollars for the first violation; 2. Thirty dollars for the second violation; and 3. Seventy-five for each additional violation. If a penalty of thirty-five or more has been assessed against a taxpayer by the finance director, then the finance director may require such taxpayer to pay all tax payments, whether due or to be due in the future, by certified funds, cashier's check or cash. The penalty imposed by this subsection I. above is in addition to all other penalties imposed pursuant to this Chapter 3.40. J. If any person, firm, or corporation liable for the payment of any tax covered by this chapter has repeatedly failed, neglected, or refused to pay the same within the time specified for such payment, and the town has been required to issue distraint warrants to enforce the collection of any taxes due from such taxpayer, the finance director is hereby authorized to assess and collect the amount of such taxes due, together with all interest and penalties provided therefore by law, and also, the following additional penalties for recurring distraint warrants: 1. Three, four, or five consecutive distraint warrants 25 issued: fifteen percent of the delinquent taxes, interest and penalties due or the sum of twenty-five dollars, whichever is greater; 2. Six or more consecutive distraint warrants: thirty percent of the delinquent taxes, interest, and penalties due or the sum of fifty dollars, whichever is greater. (Ord. 33(1988) & 9, Ord. 31(1987) & 1.) 3.40.210 Tax lien. A. 1. The sales tax imposed pursuant to Section 3.40.120 shall be a first and prior lien upon the tangible personal property and business fixtures of or used by any retailer under lease, title retaining contract, or other contract arrangement, excepting stock of goods sold or for sale in on the other liens or claims of whatsoever kind or nature. 2. Any retailer who sells out his business or stock of goods, or quits business, shall be required to make out the return as provided in this Chapter 3.40 within ten days after the date he sold his business or stock of goods, or quit business, and his successor in business shall be required to withhold sufficient purchase money to cover the amount of said taxes due and unpaid until such time as the former owner produces a receipt from the finance director showing that the taxes have been paid or a certificate that no taxes are due. 3. If the purchaser of a business or stock of goods fails to withhold the purchase money as provided in paragraph 2. of this subsection A. and the taxes are due and unpaid after the ten day period allowed, he, as well as the vendor, shall be personally liable for the payment of the taxes unpaid by the former owner. Likewise, anyone who takes any stock of goods or business fixtures of or used by any retailer under lease, title retaining contract, or other contract arrangement, by purchase, foreclosure sale, or otherwise, talces the same subject to the lien for any delinquent sales taxes owned by such retailer and shall be liable for payment of all delinquent sales taxes of such prior owner, not, however, exceeding the value of property so taken or acquired. B. Whenever the business or property owner of any taxpayer subject to this Chapter 3.40 shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes, penalties, and interest imposed by this Chapter 3.40 and for which said retailer is in any way liable under the terms of this Chapter 3.40 shall be a. prior and preferred claim against all the property of said taxpayer, except as to pre- existing claims or liens of a bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights shall have attached prior to the filing of the notice as provided in Section 3.40.200, subsection C, 2. on the property of the 2G taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. No sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this Chapter 3.40 under process or order of any court without first ascertaining from the finance director the amount of any taxes due and payable under this Chapter 3.40, and if there are any such taxes due, owing, or unpaid, it is the duty of such officer to first pay the amount of said taxes out of the proceeds of said sale before making payment of any monies to any judgment creditor or other claims of whatsoever kind or nature, except the costs of the proceedings and other pre- existing claims or liens as provided in this section. For the purposes of this subsection B.,"taxpayer" includes "retailer". (Ord. 31(1987) & 1.) 3.40.220 Interest on underpayment, overpayment, nonpayment or extensions of time for payment of tax. A. If any amount of sales tax is not paid on or before the last date prescribed for payment, then interest on such amount at the rate of one percent (1%) per month shall be paid for the period from such last date to the date paid. The last date prescribed for payment shall be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a tax in which the last date for payment shall be deemed to be the date that the liability for the tax arises, and in no event shall such date be later than the date that notice and demand for the tax is made by the finance director. B. Interest prescribed under this section and Section 3.40.200, subsection B shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the tax to which such interest is applicable. C. If any portion of a tax is satisfied by credit of an over- payment, then no interest shall be imposed under this section on the portion of the tax so satisfied for any period, during which, if the credit has not been made, interest would have been allowed with respect to such overpayment. D. Interest prescribed under this section and Section 3.40.200, subsection B on any sales tax may be assessed and collected at any time during the period within which the tax to which such interest relates may be assessed and collected. (Ord. 31(1987) & 1.) 3.40.230 Other remedies. No provisions of this Chapter 3.40 shall preclude the town from utilizing any other lawful penalties or other remedies -applicable to the collection of sales taxes. (Ord. 31(1987) & 1.) HEARINGS AND APPEALS 27 3.40.240 Hearings by finance director. A. An appeal of a notice of assessment issued to a vendor or taxpayer for failure to file a return, underpayment of tax owed or as a result of an audit shall be submitted in writing to the finance director within twenty calendar days from the date of the notice of assessment. Any such appeal shall identify the amount of tax disputed and the basis for the appeal. B. An appeal of a denial of a refund shall be submitted in writing to the finance director within twenty calendar days from the date of the denial of the refund and shall identify the amount of the refund requested and the basis for the appeal a vendor or taxpayer. C. An appeal of a decision of the finance director in a hearing held pursuant to Sections 3.40.250 and 3.40.260 shall be commenced within 30 days of such decision. 3.40.250 Review by district court. A. If the petitioner or if an applicant for a refund is aggrieved at the final decision of the finance director then he may ,proceed to have same reviewed by the district court. The procedure of review shall be in accordance with Rule 106 (a) (4) of the Colorado Rules of Civil Procedure. B. Within fifteen days after filing a notice of appeal as provided in this section, the taxpayer shall file with the district court a surety bond in twice the amount of the taxes, and other charges stated in the final decision by the finance director that are contested on appeal. The taxpayer may, at his option, satisfy the surety bond requirement by a savings account or deposit in or a, certificate of deposit issued by a state or national bank or by a state or federal savings and loan association, in accordance with the provisions of Section 11-35-101(1) of the Colorado Revised Statutes, equal to twice the amount of the taxes, interest, and other charges stated in the final decision by the finance director. The taxpayer may, at his option, deposit the disputed amount with the finance director in lieu of posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme Court or the Court of Appeals of the State or after the time for such appeal has expired, the funds deposited shall be, at the direction of the district court, either retained by the finance director and applied against the deficiency or returned in whole or part to the taxpayer with interest at the rate imposed pursuant to Section 3.40.220. No claim for refund of amounts deposited with the finance director need be made by the taxpayer in order for such amounts to be repaid in accordance with the direction of the district court. C. The district court shall have original jurisdiction in proceedings to review all questions of law and fact determined 28 by the finance director in administering the provisions of this Chapter 3.40 by writ under rule 106 (a) (4) of the Colorado Rules of Civil Procedure. Any writ issued pursuant to this subsection C. shall be issued by the clerk of the district court upon a verified petition of the taxpayer filed within twenty days after notice of the decision of the finance director in any such matter. Such writ shall be served within five days after its issuance and shall be returnable at such time as the district court may determine, not less than ten days nor more than twenty days after the date of issuance of such writ. The finance director shall certify the record of his proceedings to the district court. D. The decision of the district court may be reviewed in the Supreme Court of the State upon writ of error by any party thereto. (Ord. 31(1987) & 1.) 3.40.260 Alternate review by department of revenue. In lieu of the procedure provided for in Section 3.40.250, the taxpayer may elect a hearing on the finance director's final decision on a deficiency notice or claim for refund pursuant to procedure set forth in this Section 3.40.260. A. As used in this Section 3.40.260, "State hearing" means a hearing before the executive director of the department of revenue or a delegate thereof as provided in Section 29-2- 106.1(3) of the Colorado Revised Statutes. B. When the finance director asserts that sales tax is due in an amount greater than the amount paid by a taxpayer, then the finance director shall mail a deficiency notice to the taxpayer by certified mail. The deficiency notice shall state the additional sales tax is due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a state hearing on the deficiency pursuant to Section 29-2-106.1(3) of the Colorado Revised Statutes. The taxpayer shall also have the right to elect a state hearing on the finance director's denial of such taxpayer's claim for a refund of sales tax paid. C. The taxpayer shall request the state hearing within thirty days after the taxpayer's exhaustion of local remedies. The taxpayer shall have no right to such hearing if he has not exhausted local remedies or if he fails to request such hearing within the time period of this subsection C. For purposes of this subsection C., "exhaustion of local remedies" means: 1. The taxpayer has timely requested in writing a hearing before the finance director, and the finance director has held such hearing and issued a final decision thereon. Such hearing shall be informal, and no transcript, rules of evidence or filing of briefs shall be required, but the taxpayer may elect to submit a brief, in which case the finance director may submit a brief. The finance director shall hold such hearing and issue the final 29 decision thereon within ninety days after the finance director's receipt of the taxpayer's written request therefor, except that the town may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer, but, in any such events, the finance director shall hold such hearing and issue the decision thereon within one hundred and eighty days of the taxpayer's request in writing therefor; or 2. The taxpayer has timely requested in writing a hearing before the finance director, and the finance director has failed to hold such hearing or has failed to issue a final decision thereon within the time periods prescribed in subsection C. of this section. D. If a taxpayer has exhausted his local remedies as provided in subsection C, 1. of this section, then the taxpayer may request a state hearing on such deficiency notice or claim for refund, and such hearing shall be conducted in the same manner as set forth in Section 29-2-106.1(3) through (7), inclusive,of the Colorado Revised Statutes. E. If the deficiency notice or claim for refund involves only the finance director, then in lieu of requesting a state hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the district court as provided in Section 29-2- 106.1(8) of the Colorado Revised Statutes, if the taxpayer complies with the procedures set forth in subsection C. of this section. F.~ No provision of this section shall prohibit the taxpayer from pursuing judicial review of a final decision of the finance director as otherwise provided in Section 3.40.250. (Ord. 31(1987) & 1.) 3.40.270 Amendments. The town council may amend, alter or change this chapter, except as to the four percent rate of tax imposed in this chapter, subsequent to adoption by a majority vote of the town council. Such amendment, alteration or change need not be submitted to the electors of the town for their approval. (Ord. 31(1987) & 1.) 3.40.280 Violation-Penalty. Any person convicted of violating any of the provisions of this chapter shall be punished by a fine, not to exceed five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. (Ord. 31(1987) & 1.) MISCELLANEOUS 3.40.290 Coordinated Audit. A. Any taxpayer licensed in the Town pursuant to Section 3.40.110 and holding a similar sales tax license in at least four other Colorado municipalities that administer their own sales tax collection, may request a coordinated audit as provided herein. 30 B. Within 14 days of receipt of notice of an intended audit by any municipality that administers its own sales tax collection, the taxpayer may provide to the finance director of this Town, by certified mail, return receipt requested, a written request for a coordinated audit indicating the municipality from which the notice of intended audit was received and the name of the official who issued such notice. Such request shall include a list of those Colorado municipalities utilizing local collection of their sales tax in which the taxpayer holds a current sales tax license and a declaration that the taxpayer will sign a waiver of any passage-of-time based limitation upon this Town's right to recover tax owed by the vendor for the audit period. " C. Except as provided in paragraph (G), any taxpayer that submits a complete request for a coordinated audit and promptly signs a waiver of the Town's statute of limitations found in section 3.40.100 may be audited by the Town during the twelve months after such request is submitted only through a coordinated audit involving all municipalities electing to participate in such an audit. D. If this Town desires to participate in the audit of a taxpayer that submits a complete request for a coordinated audit pursuant to paragraph (c), the finance director shall so notify the finance director of the municipality whose notice of audit prompted the taxpayer's request within ten days after receipt of the taxpayer's request for a coordinated audit. The finance director shall then cooperate with other participating municipalities in the development of arrangements for the coordinated audit, including arrangement of the time during which the coordinated audit will be conducted, the period of time to be covered by the audit, and a coordinated notice to the taxpayer of those records most likely to be required for completion of the coordinated audit. E. If the taxpayer's request for a coordinated audit was in response to a notice of audit issued by this Town, this Town's finance director shall facilitate arrangements between this Town and other municipalities participating in the coordinated audit unless and until an official from some other participating municipality agrees to assume this responsibility. The finance director shall cooperate with other participating municipalities to, whenever practicable, minimize the number of auditors that will be present on the taxpayer's premises to conduct the coordinated audit on behalf of the participating municipalities. Information obtained by or on behalf of those municipalities participating in the coordinated audit may be shared only among such participating municipalities. F. If the taxpayer's request for a coordinated audit was in response to a notice of audit issued by this Town, this Town's finance director shall, once arrangements for the coordinated audit between the Town and other participating municipalities are completed, provide written notice to the taxpayer of which 31 municipalities will be participating, the period to be audited and the records most likely to be required by participating municipalities for completion of the coordinated audit. The finance director shall also propose a schedule for the coordinated audit. G. The coordinated audit procedure set forth in this section shall not apply: (i) When the proposed audit is a jeopardy audit, (ii) To audits for which a notice of audit was given prior to the effective date of this section, (iii) When a taxpayer refuses to promptly sign a waiver of the Town's statute of limitations found in section 3.40.100. (iv) When a taxpayer fails to provide a timely and complete request for a coordinated audit as provided in paragraph (B) . 3.40.300 Intercity claims for recovery. The intent of this section is to streamline and standardize procedures related to situations where tax has been remitted to the incorrect municipality. It is not intended to reduce or eliminate the responsibilities of the taxpayer or vendor to correctly pay, collect, and remit sales taxes to the Town. A. As used herein, "Claim for Recovery" means a claim for reimbursement of sales taxes paid to the wrong taxing jurisdiction. B. When it is determined by the Director of Finance of the Town that sales tax owed to the Town has been reported and paid to another municipality, the Town shall promptly notify the vendor that taxes are being improperly collected and remitted, and that as of the date of the notice the vendor must cease improper tax collections and remittances. C. The Town may make a written Claim for Recovery directly to the municipality that received tax and/or penalty and interest owed to the Town, or, in the alternative, may institute procedures for collection of the tax from the taxpayer or vendor. The decision to make a Claim for a Recovery lies in the sole discretion of the Town. Any Claim for Recovery shall include a properly executed release of claim from the taxpayer and/or vendor releasing its claim to the taxes paid to the wrong municipality, evidence to substantiate the Claim, and a request that the municipality approve or deny in whole or in part, the claim within ninety (90) days of its receipt. The municipality to which the Town submits a Claim for Recovery may, for good cause, request an extension of time to investigate the Claim, and approval of such extension by the Town shall not be unreasonably withheld. D. Within ninety (90) days after receipt of a Claim for Recovery, the Town shall verify to its satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall notify the municipality submitting the Claim in writing that the Claim is either approved or denied in whole or in part, including the reasons for the decision. If the Claim is approved in whole or in part, the Town shall remit the 32 undisputed amount to the municipality submitting the Claim within thirty (30) days of approval. If a Claim is submitted jointly by a municipality and a vendor or taxpayer, the check shall be made to the parties jointly. Denial of a Claim for Recovery may only be made for good cause. E. The Town may deny a Claim on the grounds that it has previously paid a Claim for Recovery arising out of an audit of the same taxpayer. F. The period subject to a Claim for Recovery shall be limited to the thirty-six (36) month period prior to the date the municipality that was wrongly paid the tax receives the Claim for Recovery. 3.40.310 Notice of sales tax ordinance amendment. A. In order to initiate a central register of sales and use tax ordinances for municipalities that administer local sales tax collection, the Finance Director of the Town shall file with the Colorado Municipal League prior to the effective date of this section a copy of the Town sales tax ordinance reflecting all provisions in effect an the effective date of this section. B. In order to keep current the central register of sales tax ordinances for municipalities that administer local sales tax collection, the Finance Director of the Town shall file with the Colorado Municipal League prior to the effective date of any amendment a copy of each sales tax ordinance amendment enacted by the Town. C. Failure of the Town to file such ordinance or ordinance amendment pursuant to the section shall not invalidate any provision of the sales tax ordinance or any amendment thereto. 3.40.320 Participation in simplification meetings. The Finance Director shall cooperate with and participate on an as needed basis with a permanent statewide sales and use tax committee convened by the Colorado Municipal League which is composed of state and municipal sales and use tax and business officials. Said committee will meet for the purpose of discussing and seeking resolution to sales and use tax problems which may arise. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 33 4. The repeal or the repeal and re-enactment 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 re-enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance,'or part thereof, theretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 19th day of November, 1991, and a public hearing shall be held on this ordinance on the 3rd day of December, 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1991. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF , 1991. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 34 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 11, 1991 SUBJECT: A request to amend Section 18.52, Off-Street Parking and Loading, of the Town's zoning ordinance to allow car rental businesses to lease parking spaces in the Commercial Core III zone district. Applicant: Peter Jacobs of Days Inn Planner: Andy Knudtsen I. DESCRIPTION OF THE PROPOSED USE The applicants for this proposal are Peter Jacobs, the owner of the property, and Alan Lyberger, the manager of Thrifty Car Rental. On March 5, 1991, Thrifty was notified by the Town of Vail planning staff that the zoning code does not allow a commercial car rental business to be operated out of the parking lot of the Days Inn lodge. The applicant has requested that the code be amended to make his car rental business legal. The specific changes to the code involve Section 18.52.170. This is a section of the Off- Street Parking and Loading chapter of the zoning code. It speaks directly to leasing parking spaces between two private parties. The section allows a commercial use, which has excess parking spaces, to lease these spaces to another party. The lease must be approved by the zoning administrator, and must meet specific conditions listed under this section. These standards are provided below for the Planning and Environmental Commission's information. The current code does not allow leasing to occur in the CCIII zone district and excludes rental car agencies from leasing spaces in all zone districts. The code amendment proposal would modify these two limitations. In addition to these requested changes, staff is proposing to put a cap on the total amount of spaces which could be leased by rental car agencies, and is proposing to modify the length of lease allowed. There will be no chance to the requirement for a lease proposal to be approved by the zoning administrator. Even if these amendments are approved, the Town could deny a proposal that caused a parking problem or was not appropriate for a given site. II. SPECIFIC CHANGES Below is the section of the code regulating the leasing of parking spaces. The text to be deleted is shown below with evefstrilEe, and the text to be added is shown in grey. 1 d Section 18.52.170 -Leasing of Parking Spaces A. No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the Town, except as may be specifically provided in this section. B. A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building manager who owns, occupies or manages 10 or more private parking spaces located in Commercial Core I, Commercial Core II, Ca.mmercta~ Ctrl C~1~ High Density Multiple- Family, Public Accommodations or Special Development zone districts and provides sufficient parking for use by employees may apply to the zoning administrator of the Town for a permit to lease parking spaces. 2. Application shall be made on a form provided by the zoning administrator and upon approval of the application by the zoning administrator a leasing permit shall be issues with or without condition as determined by the zoning administrator. If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The zoning administrator may request that an applicant conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. Repealed by Ord. 31(1985) § 1. 5. The proposed lease agreement shall be #Fr. tha-pe~ied-ef-~e#~ess thG:: eet#s-f~E r: er~tnanz-cvv~'~`;e~ i:: th;?-~e~t;or,-fora eriod of one ear from the ~i~te P . _ y i7f approval artd may be extenf~d in one year increments; 6. No applicant shall be permitted to lease more than 60% of his parking spaces which are the difference between the average capacity of the lot and the peak day utilization as determined by the zoning administrator. 7. No applicant who is operating a private parking area charging an hourly fee thereof on the effective date of the ordinance codified in this section shall be eligible for approval of his application. 2 8. Parking required for any use in accordance with this title may not be satisfied by the leasing of space from another person under the provisions of this section. 9. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs therefor and to see that the leased spaces are used and occupied in accordance with the lease agreement. 10. Leasing shall be permitted for short term parking only, and shall be prohibited for long term storage of vehicles by individuals or companies. sxsr°:~Is f~~4 nr-,: ~;~-~wa~r-ef~iaxt~'.ar~~=er:tul ea-. Y1: far rental ag~ncEes may lease parking spaces only to lbs ~C4~i zone distract, and shall be lrmrfed fro a max~triurn of 15 park~rlg spaces; III. EVALUATION OF THIS REQUEST. The four issues which staff identified during our review of this proposal include: 1. Will the proposal be compatible with the Land Use Plan? 2. Would the proposed lease use be compatible with surrounding uses in CCIII? 3. Will the visual impacts be acceptable? The Land Use Plan designates this area as Community Commercial (CC). Specifically, the Land Use Plan states that: "This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, service stations, financial institutions and medical offices. The design of these facilities would be oriented toward vehicular access and parking." Because the Land Use Plan specifically calls for CCIII to be oriented toward parking vehicular access, staff believes that the leasing of parking spaces in this zone district is reasonable. Concerning uses, staff believes that the leasing of parking spaces is a use that can be compatible in most commercial zone districts. Given that it is allowed in both CCI and CCII, staff sees no reason to prohibit it in CC111. It is important to point out that the change in the code allows the applicant to apply to the Town for the right to lease spaces. After an application is made, the Town will review the proposal and ensure it is reasonable and does not create a parking problem. The potential for this kind of use is one that staff believes is reasonable to be located in the CCIII zone district. 3 The last staff concern was the visual problem caused by parking. In general, staff believes that parking lots are the least attractive component of any site development. Along these lines, staff believes it is reasonable to put a cap of 15 cars on uses like this in an attempt to reduce the number of cars which are stored in a parking lot. Staff believes that a 15 car limit is a reasonable amount to apply to a car rental business. IV. CONCLUSION Staff supports the proposed change to the zoning code. We believe that allowing leasing to occur in the CCIII zone district is reasonable, that rental car agencies are similar to other commercial business proposing to lease car spaces, and that they should not be excluded from this section of the code. For a request like this, the Planning and Environmental Commission should make a recommendation, either for approval or denial, and staff will take the recommendation to the Town Council. c:\pec\memos\carrent. N 11 4 ORDINANCE NO. 47 Series of 1991 AN ORDINANCE AMENDING SECTION 18.52.170 -LEASING OF PARKING SPACES, OF THE VAIL MUNICIPAL CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail currently allows private parties to lease parking spaces on property located in CCI, CCII, HDMF, PA and SD zone districts; and WHEREAS, it is the belief of the Town Council that the CCIII zone district is not unlike other commercial zone districts in which such leasing is allowed; and WHEREAS, it is the belief of the Town Council that private parties should be able to lease parking spaces in the CCIII zone district; and WHEREAS, the Town Council wishes to extend the period of terms for which such parking spaces may be leased from 10 to 12 months and allow for extensions of such lease; and WHEREAS, the Town Council wishes to permit rental car companies to lease such spaces in the Commercial Core III zone district; and WHEREAS, the Planning and Environmental Commission has recommended that, in certain cases, additional landscaping may be an appropriate requirement for some lease proposals; and WHEREAS, the Planning and Environmental Commission reviewed the proposed municipal code change on November 11, 1991, and recommended approval of the amendment by a 6-0 vote. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.52.170(6) -Leasing of Parking Spaces, is hereby amended to read as follows: 18.52.170 B. A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building manager who owns, occupies or manages 10 or more private parking spaces located in Commercial Core I, Commercial Core II, C,~rramercial Care Il;l; High Density Multiple-Family, Public Accommodations or Special Development zone districts and provides sufficient parking for use by employees may apply to the zoning administrator of the Town for a permit to lease parking spaces. 1 / 2. Application shall be made on a form provided by the zoning administrator and upon approval of the application by the zoning administrator a leasing permit shall be issued with or without condition as determined by the zoning administrator 1f tha TotNn staff determ~nasthat tl~e ie~se proposal results in a usual ,impact. to surrounding ~tree~s ~r p~Qperty, th~oring ~dmirrstrator: may condition the approval ;with requirement that : t~ applic~rtl; instalt landscaping ~tl the site ~o improve tf~e visual appeararcp of the :parking area: If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The zoning administrator may request that an applicant conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. Repealed by Ord. 31(1985) § 1. 5. The proposed lease agreement shall be for the period of not less than one month nor greater than tern tiA±eive months #fcr;i t € the i:~ this--ses~tie~ Vlthe~t';~`~q~~s~pd~ ~rtd..thte;;zc3rtirtg ~dm~n~strator may extend;;the lease agr~emenifor err addtional:l~ ~rronth so iorg as ;;the conditions relating ; to t~rwr parking spaces heave ;not s,gnificantly changed; Any applicant wrshing tar an extens~or~ tc~ ari established base ~greeme~t, must submCt an applECatrsan tc~ the zor~irig adm~nistratnr, no later than two weeks pnor to;the 1:ermir*atian of the exCStin pproval!> 6. No applicant shall be permitted to lease more than 60% of #~+s tl't~ parking spaces which ale is the difference between the average capacity of the lot and the peak day utilization as determined by the zoning administrator. 2 7. No applicant who is operating a private parking area charging an hourly fee t#eree# on the effective date of the ordinance codified in this section shall be eligible for approval of his or>a'er application. 8. Parking required for any use in accordance with this title may not be satisfied by the leasing of space from another person under the provisions of this section. 9. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs therefor and to see that the leased spaces are used and occupied in accordance with the lease agreement. 10. Leasing shall be permitted for short term parking only, and shall be prohibited for long term storage of vehicl{,es by individuals or companies. +r~e~iag, b9~"wa~-e#~ijc~plFi ?ait cet Ci,t"way--e# -I+c::itGt.v.i, i Fi..t41 ei4r ag~-~sie~ 'l 1. far rental agencies' ma~r..lease parl~n~ spaces pn~y irl the. CClll zene district, and shall be l~mEted to a maximum of ~5 parking spaces perslte. !Each sate may be allowed a maximum<;of one lease' for a car rental: agency 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. 3 Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 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. Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 4 RESOLUTION NO. 23 SERIES 1991 A RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT COMMONLY REFERRED TO AS "UTILITY UNDERGROUND DISTRICT NO. 1 WITHIN THE BOUNDARIES OF THE TOWN OF VAIL FOR THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC FACILITIES TO UNDERGROUND LOCATIONS; ADOPTING THE DETAILS AND SPECIFICATIONS THEREFORE; AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to create a local improvement district pursuant to the provisions of the Colorado Underground. Conversion of Utilities Act (29-8-101 Colorado Revised Statutes, et sea.), and to provide for the relocation of overhead electric facilities to underground locations and to assess the cost against the property benefitted and included within the Improvement District; and WHEREAS, the Town Council has heretofore adopted a resolution directing Holy Cross Electric, Inc. (Holy Cross) who provides and serves the proposed district with electric facilities and service to make a study of the cost of conversion of the facilities to underground services; and WHEREAS, the Town of Vail, pursuant to said resolution, have caused Schmueser Gordan Meyer, Inc. to prepare a report setting forth the costs and feasibility of the proposed project, which report has been filed with the Town Clerk; and WHEREAS, the Town Council has examined and considered the report by the public utility company; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1 That the report setting forth an estimate of the costs and feasibility for the conversion of existing overhead electric and communication facilities to underground service, prepared and filed with the Town Clerk, be and the same is hereby approved and adopted for use in the construction of the improvements to be made in said Improvement District. Section 2 That the removal of all and any part of the existing electric facilities, including but not limited to overhead electric facilities and the replacement thereof with underground electric facilities, will promote the public convenience, necessity and welfare. 1 Section 3 That the property to be assessed for said improvements shall be the property included within the District boundaries, as depicted by that area designated in Exhibit "A", annexed hereto and incorporated herein, and specially benefitted by said improvements; the area and boundaries of the proposed Improvement District is follows: The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1 A, Block 1 A; Lots 1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block 7. Section 4 That the costs and expenses of the District created and depicted in Exhibit "B" are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent lots and lands along or upon which improvements are to be made, and upon other lots and lands benefitted by such improvements as depicted in Exhibit "B", as annexed hereto and incorporated herein. Section 5 The improvements shall consist of removing overhead electric facilities, including but not limited to electric poles, lines and other equipment, and replacing the same with underground electric facilities, except certain terminal and utility boxes or pedestals, which will be above ground, and including all necessary changes to the service entrance equipment of each structure and residence. The lines will be installed in trenches and ditches which will be placed across present easements and across those lots and tracts of land as the public utility companies shall determine necessary and feasible for the location of such underground lines, and as shown on the reports presently on file with the Town Clerk. The Town Council has determined that special benefits will accrue to each lot and tract of land within the District as a result of the relocation of utility lines and equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the greater safety of the residents, particularly children, within the District. Section 6 That the present total estimated cost of the proposed removal of all existing overhead electric facilities within the District, and the replacement of the same with underground electric, 2 facilities is the amount of Section 7 A public hearing on the proposed improvements and the question of benefit to be derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on , in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado. Section 8 The Town Clerk shall cause notice of the proposed improvements and the hearing thereon to be published in full one time in the Vail Trail, a newspaper of general circulation in the Town, specifically, on fn addition, the Town Clerk shall cause a copy of the notice to be mailed to the last known address of each owner of land within the proposed district whose property will be assessed for the cost of the improvement utilizing the address last appearing on the real property records of the Eagle County Treasurer; and also, a copy of such notice to be addressed to "owner" and shall be so mailed, addressed to the street number of each piece of improved property to be affected by the assessment. Both written notices shall be mailed to the owners of affected property within the District no later than The Notice to be published and mailed as herein depicted shall be in substantially the following form: NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT, COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT" IN THE TOWN OF VAIL, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD ELECTRIC FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND ELECTRIC FACILITIES, AND NOTICE OF A HEARING THEREON. (a) All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that there was filed with the Clerk of the Town of Vail, Colorado, a report prepared by Schmueser Gordan Meyer, Inc. on behalf of the Town of Vail, Inc. as to the cost and feasibility of the removal of existing overhead electric facilities and replacing the same with underground electric facilities within a proposed underground local improvement district within the present boundaries of the Town of Vail, to be know as Local Underground District No. 1. Said persons are further notified as follows: (b) The boundary of the District shall be as depicted by Exhibit "A", and is as follows: The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots 3 1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block 7. (c) The improvements shall consist of trenching, undergrounding electric facilities and backfilling the same, except certain terminal and utility boxes of pedestals which shall be above ground, and including all necessary changes to the service entrance equipment of each structure and residence, all as more particularly set forth in the cost and feasibility report. The lines will be installed in trenches and ditches which will be placed across present easements and across those lots and tracts of land as the public utility companies shall determine necessary and feasible for the location of such underground lines. The Town Council has determined that special benefits will accrue to each lot and tract of land within the District as a result of the removal and replacement of utility lines and equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the greater safety of the residents, particularly children, within the District. (d) The estimated total cost of the project as determined from the cost and feasibility report by Holy Cross including the cost of the improvement, engineering and clerical services, advertising, inspection, collection of assessments, interest on bonds, and legal services for preparing proceedings and advising in regard thereto, is the amount of (e) It is proposed that the cost of the project shall be paid and assessed as depicted in Exhibit "B". In the event the actual conversion and incidental costs are less than the estimated conversion and incidental costs, each owner within the Improvement District shall receive the benefit prorated in such form and at such time as the Council may determine. (f) A public hearing on the proposed improvements and the question of benefit to be derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado. (g) Any interested person desiring to be heard upon the issue of the creation of the District and the question of whether the owner's property will be benefitted by the proposed improvements may appear at the time and place set for the public hearing. Every person who owns real property within the boundaries of the District, and who fails to appear before the Town Council at the hearing and make any objection he or she may have to the creation of the District, the making of the improvements and the inclusion of his or her real property in the District, shall be deemed to have waived such objection. Such waiver shall not, however, preclude his or her 4 right to object to the amount of the assessment at the assessment hearing, at a later date. (h) The public utility pertorming the conversion shall, at the expense of the property owner, convert to underground all electric and communication facilities located upon any lot or parcel of land within the Improvement District and not within the easement for distribution. This shall include the digging and the backfilling of a trench upon such lot or parcel, unless the owner executes a written objection thereto and files the same with the Town Clerk not later than the date of the public hearing on the proposed improvement and the question of benefits to be derived by the real property in the District. Failure to file such written objection shall be taken as a consent and grant of easement to the public utility and shall be construed as express authority to the public utility and their respective officers, agents and employees to enter upon such lot or parcel for such purpose, and through failure to object, any right of protest or objection with respect to the doing of such work shall be waived. If an owner does file such written objection, he or she shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs from the owner's service entrance to a point designated by the public utility and for backfilling a trench following the installation of the underground service by the public utility. In any event, the cost of any work done by the public utility shall be included in the assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner involved shall be obligated for, and the public utility entitled to, a payment for the actual cost for such work accomplished upon the owner's property by the public utility; such amount shall be less than the cost if the public utility had performed the trenching and backfilling. Further, the owner shall, at his or her own expense, make all necessary changes in the service entrance equipment to accept the underground service. Any lot or parcel is subject to disconnection of electric service if the owner or person in possession of such lot or parcel: (1) prevents entrance upon the lot or parcel for conversion purposes; (2) fails to provide an acceptable trench and backfill after filing an objection pursuant to Section 29-8-133, Colorado Revised Statutes; or (3) otherwise fails to provide for underground service connection to his properly in a manner satisfactory to the public utility. All owners of land within the District may file written request for inclusion of the cost of conversion of utility facilities upon their property. 5 (i) A copy of the cost and feasibility report, Resolution No. enacting the district, and all resolutions and proceedings are on file and can be seen and examined by any interested person at the Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado, at any time during business hours on or prior to the date of hearing. Section 9 Nothing in this resolution shall be construed to affect any right, duty or liability under any resolutions in effect prior to the effective date of this resolution, and the same shall be continued and concluded under such prior resolutions. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\RESOLU.23 6 EXHIBIT "A" ..W (SHADED LOTS INCLUDED IN THE UTILITY UNDERGROUNDING DISTRICT N0. 1) WHITE RIVER NATIONAL FOREST P~~ , SAIL- TOWN ~ ® I] 2 ;~~.X~ 6 '~1,,, as 1`.t'. 71ST ~ t~ 0011E II 5 + ~ e~ n, 111 3 y ® ~ C~ e ~ NtlIM CpM 3 ~ ~ N"J ~ ~ + ~ 007 TH~~T~It ~,~i7 70q V ~yj l~ ~ ~ . : _~a .r,:~„- r T elet 'le' ant CEDAR f~QINT T NHQ~+~.~ ~ oRC wtA a ecmo sr . eaa , : r an ase FILING N0. 'L 1.1 O aDte m~ I `e~:~i SYi~ ~ ° I v 0 ~ • " O e eiee '1° ~DQR If~T TOWNHOUSES ~s Aso eox ~ ele' r a A e T [ FILING NO. I ~j c~~° ~ 170 ® ~ I y~ ene s+ie a+e T A ~ ~ ~ ';n sraa I HEATHER OF VAIL e e •s 12 .eeT " ~ _ ~ ro ~ tT a ~ I~ a 'iia s Iro z yAIL MEADOWS • ~ ~00¢r IiEL•GAR LN Ole 16 Al ? ~ S ~ +M ~ s z I 3'" B ~ am ° sloe + ~11..ING N0.? .em,. an +r» +wT I e + O EIt2 M[ I101D 00[0 NDT 1 Y' ~ DIT DI ~ 801+:.. 0 ' 107 a01 0 ~ 9 8 [!pT AT TM TYI[ . ~ ~ ~ ~ TT s° asr Mq~c~*` O aus ens + I en+ e1s, e T - x 3 ' re» Ok 6 +eter , ios;:' aot. I I 2 [ a t' ~ f ~ r '~k,- ~ ~ aox eoH aoa. + y nt ~ 10 - . e + ~4- 1+~~ +t09 +Kr ~ SOUTN V W 00N 7 M) II .ftt ITrr 23- qP •`!MI le e1N +rM Ie PO ~ N eon e3 ~ +1026 ~~~T W h , ~nI c~~'x~~'~ eol7 s w>e aae 27 ~D, 12 y ~ ; +a2 a ;~I~+. as' ~L~ ae` au ar ~ p ~ . r +1lr? ,,F Ee sltr '13 ~ M'. 20 20 N ~ +112 7071 ~ lee 19 aN0 ~ ~ MEADOWS FLING NQ I a?e IINPLATTED ~ 2~ ~ lriIATTED 111 2] aoet x002 lOD1 ~ I'.lftff RECREATION AREA 200' p' ,00' The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots 1, 2, 3, 6 and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, I2, 18, 19 and 20, Block 7. ` ~ k ,j ~ ~ 1n 1 J~~ 1 \ C~ ,j 1 4 TILTTy U23DERGROUNDING DISTRICT NG• 1~ EXHIBIT '(SHADED LOTS INCLUDED IN THE U E RIVER WHIT NATIONAL FOREST 4~ J~~P O ~P~~~ M WN ~ . -~o _ 13 el~a1 1+ 037 -A ~ 7 317 J ~ 3T•~ 11 O ~ 6 ~ P~ Itf ~1 3127 ,5~~` 3 2. 4 10 + ~P~ e?' ~ ~ 0107 ~N 3NT _ S 9 CG~^ Q ~ oouK {'~YF1:';' • ee+ 0141 Fi~4NZi~NO. QUS~~- ^ ~T TOE - 1~ • 2 1 eoss -~.a,~ s T aes g R I •4 eo 303 1 014 0i3' T e14e 4 FILING NO. i J , O~/ 3. 'v` eaol ~ I .'s~` ~r$ eoel c ~ g also y A T e C7 ~ a~ ~ ,020 ~ . tgo±1.,x l,='l oleo A't, a }{FATHER OF VA`IL ~K 1 r~ O 3 Maio - ` sofa 2 a~a al2g a~ yin ~ s 12 ` 0 /~s'm'1~ 23°°° ®T 12 µ 31e3 a ng ~~L' G N~•'~ f~ ~ _ ~ 6124 N.f tT m ; 6 S r-u~^^~-• • 121 133 t~` ct a- Oo16L' 1~J--OAR D Rot NEAOOw~ 7" g 00?a 9 00[71 b0T "M• «07 3~ g 1 31~ ~ 0122' 4Q! 4 EIIOTIAT TIM3 TIME 1 5 7 ~ +`r S •171 +an , 3 107 «0g 6 9 9 T •3',', 4131 «07 2 y1 , a . ie . a,, Ylf " . IiOUS 3113 0113 1 GI Imo..` ~ti.e ~~Y=., Q °12 a3e to ~ 0 1 u D1T ~ s ~ „ ~ 30:. , 2 S + a i u ~ ~ I'I.z s T e x ~ 0030 601+ 303. ao1• ea• T q I2 +1er'. ~g ii Is ' ' ~•+e,• +fee W sw• a•a ~9r Net a 0 \prt $OUT11 YN;L Ir s 4TM fj~^ 13 ,Aar ero t{L.{fV ~aM ~ It ~ ai+ 2 ~ -v/Y 1A r~ erY _ . a0 9p~a 9'! ~i(' ~ a1M 18 ~ + _ ~ 2 6. ~ ~ Q1 t7 . ` 4~e r, eoro ~ 27 `G ab+ 1! 1+ aro2 +7ea +e+o _ .Ifa• ~ 32 5 a3a ~ aH aTs a E~ : ~ •t+1~•,~~„ x031 17 1112 n6 f ~ r, ~ ~fl. SI ~ 273 6~ T ~ ~ -t 14 r 10 rF 003. 24 c~' 2p Iq M12 0 N ;r < «1• aM3 166 aae are ~ ~ a... 1 12' 21 « 12 ~1! k~? ~i UNPI~TTEo "~..al «T2 MEApOWS FlLING NQI ~ 22 ao,2 A , ~tx~t• 23 303: 3S.J.L: ~rya.,A: 3uo2 d ~ zoo WIPLATTEO 3ao• z~ r1ECRaAT1oK ARE ~ kEC'~D NOV 2 9 1991 25 Nov. 91 Town Council Town of Vail 75 S. Frontage Road W. Vail, Colo. 81657 RF: Proposed Fire Station -Intermountain Gentlemen: This letter is to oppose the construction of a f ire station in Intermountain for the following reasons: 1. I feel that the proximity of a fire station next to the new playground will create a serious hazard to the children using the new playground. Curious children should not be exposed to this type of a situation. 2. The bridge leading into.Intermountain is heavily trafficed and the road (Frontage Road) is only two laned. This could pose a problem with Fire Trucks making fast entrance into this road. 3. The parcel of land you are considering was to be used for a park. We were prcanised this when you ,purchased this property and the construction of a Fire Station is not in keeping with your word. I feel a better location would be on the North Frontage Road just east of the Safeway Shopping Center. Certainly, this would service more area more efficiently. Thank you for your consideration of this letter and this matter. S ce ely urs, Marv n Sheldon Meadow Creek Condo Ass. Board of Directors.-Member SAC CONSTAUC~IDN COMPANY. INC_ 9501 OLD SOUTH DIXIE HIGHWAY /MIAMI, FLORIDA 33156 /TELEPHONE 667-8666 P.O. BOX 560175 /MIAMI 33756 WORK SESSION FOLLOW-UP November 29, 1991 Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8189 WEST INTERMOUNTAIN COUNCIL: Proceeding wllegal requirements for County is not renewing contracts for snowplowing, ANNEXATION annexation. animal control, and police services. (request: Lapin) . 7/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Electric to Larry is in the process of preparing documents for EAST VAIL establish special improvement district(s) for formation of District. underground utilities in East Vail. 05107 SALES TAX COLLECTION LARRY/STEVE: Research remedies to change this to Draft ordinance forwarded to Forest Service and VA for (request: Gibson/Lapin) a mandatory TOV tax collection. review. 07109 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry has been asked to prepare an ordinance for PROPERTY discussion by February, 1992. 09/17 STREET LIGHTS PETE BURNT I i : The LionsHead Merchants Association Public Works will present analyzed data by spring of (request: Levine) would like to see a couple changes, which might '92. include some of the lighting by Montaneros, which is too bright, and placing it in front of Gallery Row in the Treetops Building. 11/19 NEWSPAPER VENDING MACHINES LARRY: What can be done to make these uniform and Research by January, '92. locations less prolific? 11126 HOLIDAY MEETINGS COUNCIUSTAFF: There will be not work sessions on December 24 and 31. WORK SESSION FOLLOW-UP November 29, 1991 Page 2 of 2 TOPIC 4UESTIONS FOLLOW-UP SOLUTIONS , 11/26 JOINT MEETING WITH COUNCIUSTAFF: There will be a joint meeting of COUNCIUPEC Council/PEC on Monday, December 9, 1:00 p.m,, in the Council Chambers to discuss the Forest Service Land Ownership Adjustment Plan. 11/26 BUS DROP-OFF AT BOOTH FALLS KEN/JIM MARSHALL: Review bus stop points in this are PW/Bus staff investigating issues with Colorado (request: Buckley) to assure no one gets injured under the I-70 overpass Department of Transportation. and to make access as convenient as possible. 11/26 POTATO PATCH CARETAKER UNIT LARRY: Return to Council to update on FDIC action and Will do. (request: Steinberg) feedback from condominium association. RECD OTC ° 2 1991 ~'r . ~ December L, i'~'~1 hlemt~er s ~ ~f the l:'-~. i 1 Tai;•!n Caun~_ i l P'f n .~.m e i F,' a::•' k; N l l e . h~1 y 4~a i f e n d I built o u r h ame a n tl",e '4'-y.I 1 Gal f Course i n I L.t thr ~_arner of ~Ja i 1 ~,:'•_ll 1 ey Dr i ~.~e and Ptarmi ~aa.r, F:aad. !~:le hat±e cants i bu±ed to the '•Jai l Resar•t Hs~aaciatian in tt-ie •ai,:tie=•, to ti-,Y bui ldir,g of the '~:~'al1 Interfe.lth !:h~.G~el In thY -__.'+-:~enti~=• and the 4'.~.r1 ~tasp i tal t,Je ar•e l ayal suppar• tern of the de~:,e 1 apmen t of this fine resort, ~.~.,i th the cur•r•ent ci-,a.nge in the Vai 1 i~~if i~ur concern i L:~~Ur_.e bU=., ilJ'_ ha':~e t:,iatChtad ti,e tr•afti~_ ~=~n ~~ur COrner SinLt' e had dirt r• a d s aka i t h t°1 e r• r• i 1 1 H a ~a i n g s r i d i n h i h r N t a and from ta~~~n, Fin-illy with the -~.d+:ient of p-~~~ed ra.~d=, thF bus started pa.•at aur• car•nYr• . F;f t?r 4~_~r i au=. change=. i n the bus s~_hedul e, the c't put an a. gal f caur•se bus G~.~h i ch c i r•c 1 ed from t1-,e Tr•an=_-par•tat i an ~=en ter• to the l~'a i l Gal f G1 ut~ t~,here there i=. hea.-,' ~alume at all the ~_an~_-• and hau=_.es e.nd return=_. past Gal d Peak to =_.er~.~ i ce the ~~h i 1 dren` LF; i i n~~ Center, the race center, ski school chair and chair 1'~. ~~taw t~~ get to Geld Peak, we find ~~e t-,a.~e*.~~< East ~,;~hen we 44~ant tc as We•at, ~~ut to the Gal f Club, Fard Park and . i nal l y to the Tr-~.n _pc~r tat i an ~:en ter . I t you are skiing with chi 1 dren ar grandch i 1 dren, they z-haul d have to ~~~ai t far the city bus an Meadow Drive to get to Gald Feats: ar take your car and dr• i ire ad~~ i n~.~ to the range=•t i an ~c~t tr•a.ff i c at .:S `I~v''". %~~~r :_'<< '~~oi~~ Pear::, I thought the F~urp~~+~=F of thF taus ~.va~ t~~ dF~_r~~.~e auto traffic and pol 1 u t i on i n the c~~re area and ~ug~;e•=".t use reinst.~.te la.~_t ,••ear•`s bu_• _•chedule t~ faci 1 i fate thi y, _ ~ I {.t>G~GF!_.F' ~.•~te dlre' tal k i n~ ._t~r_~ut IT,c~n*_';''~ here, bUt th ~ = i . a fire~+ cl.~._•_. resort and it needs a first cla=_•~ bu_ •af=.tam. ' -•:ri ~ Jai 1 ~•_~_~oc i a.te~=. gate a i-~ i gh =deed quad ~=hai r•s. P1 ea•ae don't fi:~. vthat win~`t broke. Concerned Re=_•ident~•S Eae.t i t . l,'al i e Dr i ~v~e lip"' c c :Ron F' h i 1 1 i •a t~~1 e r• L p i n JV ~?im t°tar•aha.t 1 Tom Steinberg !~.'.en Nughe;r Jim 'ohearer F'am Br andmey'er 6~~b ~E~uckl ey, Caroline Fi =•har Rob Le{1 i ne Pec~GY ~~=.ter~f~~_.s ,tim iibson I ~ E~~^ • vAILVALLEY . NOV 2 9 9999 FOUNDATION ' Prouidingleadership in athletic, educational and cultuml endeavors ~ - to enhance and sustain the quality of life in the Vail Palley Board of Directors President Gerald R Ford Robert E. Barrett . Carolm S. Blount James Berry Craddock _ . Jack Crosby " H. Benjamin Duke, Jr. _ 'Harry H. Frampton, III • John Garnsey - . George N. Gillett, Jr. VAIL VALLEY FOUNDATION _ Pepi Gramshammer James R Greenbaum ' Steve N. Haber O P E N H O U S E Martha Head - William J. Hybl • EiaineW.I{elton Stop by to say hello, see our. "new" offices and HenryRKravis enjoy some holiday cheer Frank J. Lynch . Fitzhugh Scott Michael S, Shannon Thursday, December 19, 1991 Rodney E. Slifer _ Richard iw'Swig ~ ~ 4 : 0 0. t o ? : 0 0 p . m . Oscar L. Tang - Vail Professional Building _ JohnGarnsey 953 South Frontage Road West President S ll l t e 10 2 • R.S.V.P. - 476-9.500 - 1989 World Alpine Ski Championships ' AEI World Forum _ American Ski Classic Bolshoi Ballet Academy at Vail Gerold R. Ford ' . Amphitheater ti - i P.O. Box 309 Vail, Colorado 81658 303-476-9500 - Fax 303-476-7320 Telex 910-290-1989 A Colorado 501 (3) ~ • Nonprofit Corporation _ I "~~~V ~J ti)p? ~w~~ p ~~~i~ 1 I ~ 4 c~ ~{~I ~1 ~ X11 U THE RESOURCE CEN" 1'ER T T~T,~ 1 1A~~T 1~ A 1?'~'V ~ - To ~ 1 HANK YOU for your HELP and SUr~ORT December 12th , 19 91 7:00 to 9:00 m a , R.S.V.P. 476-73$4 as m s Please join us at the borne of Karin Weber, 1675 Aspen Ridge Road, West Vail. DIRECTIONS: From North Frontage Road, tum North on Buffehr Creek Road. Stay on Buffeter Creek Road to the summit, and tum right on Aspen Ridge Road. The party is at 1675 Aspen Ridge Road at the end of the cut-de-sac. WELCOME! . L.7 h, . ~ ~ ~ ~ - , ~ ' v i _ - u~.P ~ ~ ~ ~ r ' ~ _ ~ . ~~.US U d. c~ _ , ~m~~ . ~ . , •~s. Q ~4j~ , . ~ . . ' . r ~ DEC - 31991 November 30, 1991 Dr. and Mrs. William Pintzow 2520 Kinnikinnick Rd. M3 Vail, Colorado 81615 Town Council 75 S. rrontage Rd. W. Vail, Colorado 81657 Dear Sir: This letter is being written to register a very strong protest against the proposed construction. of a firestation ir. the immediate vicinity of our tawnhame. We bought our home with the knowledge that we were purchasing a home in a residential area away from commercial business areas. We also knew, at that time, that a par}•: was to built in this area, which we felt would only enhance the residental quality of living in this neighborhood. We feel that a firestation with its attendant noise and traffic would be a detriment to the residential character of our development and are e:titremely upset about your proposal. Being a doctor, a teacher, a parent and a grandparent, it is inconceivable to understand your thought processes in even considering placing a f irestat.ian across the street from a park where you nape to entice children to play. As town leaders, we entrust you with the responsibility of the safety of its citizens. Have you riot entertair:ed the safety hazards of this situation? The placement of this firestation would certainly produce a reduction in the to:~ valuation of this large townhouse develo~~ment with atte~ndent loss of tax revenue. We knave that you ar•e cent-ainly aware of the many good alternative situ closer to commercial areas that would be available for this firest.atiaii if it is necessaYy at ail. We should certainly hope that common sense and reason will prevail in this matter. Sincerely, wnthia Pintzow ~'V ~1.a.J ~v Dr. Wi~~ll/lam rintzow~ i f~U DEC - 3 191 Don Mates 2685 Bald Mountain Rd Vail, CO 81657 Vail Town Council Town of Vail Vail, CO 81657 Dec. 1, 1991 Dear Council members, First, I would like to express my appreciation for the very professional job that was done this last summer reconstructing Bald Mountain Road. The work was done in a timely manner with as little inconvenience to us as was possible. The contractors took special care to minimize the dust and delays to traffic. I realize that the magnitude of work would cause some inconvenience, but the end result was well worth it. Both the Town of Vail staff and the contractors were responsive to our questions and concerns. Thanks to The Town of Vail, B & B Excavating, and the other subcontractors for a job well done! Second, I would like to express my concern over the loss of Bald Mountain Road as a bus stop on the eastbound route. All of the residents and their quests will be greatly inconvenienced as well as endangered when they get off at the closest stop, Aspen Ln.. Walldng through the underpass on either side of the road is a very dangerous thing do. Many times I have seen cars and trucks slide off the road into the concrete embankment or piers when it is icy, which is most of the time in the winter because of the shade. The only other alternative we have is to ride to the next stop which is quite a distance to walk carrying ski equipment, especially for those who live further down our road. The walk down the plowed bicycle path is also dark and unlighted. At a time when the - ~ Town should be doing everything it can to promote bus riding over taking the car, now is not the time to make riding the bus more difficult. I would not like the idea of my child having to walk from either of the two alternative stops. Surely the Town of Vail can come up with a solution to this problem. Yours truly, Don Marks ~i~~ r r I ~ ~ ~ a _ lane r e nb 1 n ~n r : e s tak 1 lni c o o to review ocess~~ p , p p +i..r ~ a.a<,. w.r ,tics Cynthia Passel/Gazette Telegraph City of Coioraao Springs group and professional team are in ' ~ ~.d, he architectural beauty of Coiu- ' ~ complete agreement about a project's. r:=. rado Springs is being upheld by design, and a second meeting is not • a unique new process that in- Van ~hOSe In the - necessary, he added. These projects go,l volves community leaders, pro- ~ a CQNCEPTUALIZED PRCt1ECT~ directly to the originating city depart- . f.Qssionals and residents. meetings WhOSe Ideas Originating D6pt, ment for final approval. ~ a The design review process,.headed ~ + "The host department has never . " "".bey the City of Colorado Springs' capi- Weren t accepted have kicked out a review idea," Butcher ' f' -tai improvement projects department, ~ ` ~ ~ ~ ~ ~ laid. The originating department de; A A•`a#lows citizens and professionals to said they think the PROFESSIONAL TEAM tNP~T.~ ~ , ~ , ~j~ermines the best option submitted by ; ` have a voice in community construe- ~f ti ' ~ Represetda6ves; Prdessana~, a professional and public commit-~~~ .ton projects. prOCeS$ I$ really gOOd, Comr~nity't~ars ~ ; ~ ~ es, and presents it for city council~y r,: - "We developed the design and re- Peu1 BUtChBt + r. proval, wew process as a response to ques- City council has approved all the' ~ ; ;~~lons by the community, said Paul o acts that have one throu h desi n. , ~ ALTERNATIU ;A~1lELQP ~ ~ j g g g a=•8utcher, manager of the capital im- Butcher said, 'They basically make ~ a y ; M ^¢pd review and actually ordered the ement projects department. sure the project follows a quality de- ~~r~~F~ ,'process applied to the Memorial Hosp~ < A common concern among local resi- sign and looks good in the tai addition. Residents directly across ""dents is that voter-approved and city .neighborhood." . ' I ' ~ ~ ~e street from the glass-front portigii council-approved construction projects ~ Next, a focus group of randomly se- ~ +?of the addition were concerned that :will in some way be obtrusive to the lected members "with neighborhood ~ ~ ~ heir homes might be affected by t ~OCtjS GR4t~P'~E , ~ , k;~eighborhoods in which they are built. interest" goes over plans drawn up AiferxedNleieSls ~ strong sunlight reflections for much of:.; _ City officials now can avert such by architects on the professional team. PUb6C input the day. Design and review determined ighborhood apprehension by utiliz- The focus group usually consists of 10 the reflections would affect their ' ang the design and review process. to lb members, but there are no can- 1' , homes only seven minutes of the day; The Memorial Hospital addition, the straints on the number of people. I Butcher said. new police operation center, the new "We try to get people who will view airport terminal, the Interstate-26 the finished projects in their everyday _ The success of the design and re- ; i PR4FESSIDNALTEAMREVIEWRECOMMENDATION : view process in quelling public fears north entryway feature, the West Cal- routines, Butcher explained. For the " i Re esenla6veS, Profes~gnais, and giving the public a voice in com- - orado Avenue overpass and the Rocks- I-26 entryway project, a long-haul DePaMien Pr ,;.Merry pump station are projects that truck driver" was in the focus group <Communiry,Leaders munity construction projects is making ; have gone through the design review because the entryway will serve as a it a popular program within city ` government. ,;process since its inception in May, greeting to travelers, Butcher said. "We really haven't had any nega- The design and review process Some design and review projects re- . ~ tive responses, Butcher said with . r-.Sounds complicated, but it is really a 9uire the assistance of a liaison. The pride, "Even those in the meetings ~ Pairly simple four- tofive-week liaison is a "non-city person who is ,process, paid by the city to work as a facilita- QPTION SELECTION' whose ideas weren t accepted have " In the beginning phases, city offi- for between the focus and professional , Onglna6ng Dept 'said they think the process is really -cials who conceive a project meet with group. "It (liaison usage) is a minimal good. The only complaint we hear is, `I a team of professionals to decide the cost and has worked well," Butcher wish you'd started it sooner.' " • project's size and design, and the types said. I Butcher sees a long future for the t . of building and landscaping materials After the focus makes its recommen- design and review process. Other city needed to stay within budget. The.pro- dation, the project then goes back to departments, such as the utility de- fessional team includes architects, the professional team. "Generally CITY COUNCIL PRESENTATION partment, may draft the process, he ' landscapers, builders, chamber of com- there is a little minor tweaking there," said. .mecca members and neighborhood- Butcher said of occasional "We're thinking about buildings, but `group representatives. disagreements. a lot of things lend themselves to de- This is a standing committed, However, in some caries, the focus - sign and review," Butchersaid, ~ ;j . , TOWN COUNCIL COMMITTEE/TASK FORCE APPOINTMENTS, TO: Town Council FR: Pam Brandmeyer DA: December 2, 1991 RE: Committee/Task Force Appointments This is a list of all committees/task forces to which Council members have been appointed or for which they have volunteered. It is my understanding that all assignments run to the next Regular Municipal Election, November 1993. If you notice I have left something out, please let me know as soon as possible so I may complete this list accurately. COMMITTEE/TASK FORCE COUNCIL MEMBERS 1. NWCCOG Tom Steinberg Rob Levine, alternate 2. VRA Jim Gibson Jim Shearer, alternate 3. Vail Transportation and Peggy Osterfoss Parking Task Force Merv Lapin Bob Buckley 4. CAST Rob Levine Peggy Osterfoss, alternate 5. VRD/Council Subcommittee Jim Gibson Merv Lapin 6. Art in Public Places Committee Tom Steinberg 7. Cemetery Committee Bob Buckley 8. Bravo! Colorado Board Tom Steinberg 9. Committee to Water Quality! Tom Steinberg Quantity Committee/NWCCOG 10. Avon-Beaver Creek-Vail Regional Tom Steinberg Transportation Committee Peggy Osterfoss Jim Shearer, alternate 11. Eagle County Recreation Merv Lapin Authority Jim Gibson, alternate 12. Town of Vail Housing Authority Peggy Osterfoss Jim Shearer, alternate 13. Municipal Complex Committee Rob Levine 14. Channel 23 Board Jim Shearer 15. Eagle Valley Arts Council Jim Shearer 16. Vail Valley Conference and Tom Steinberg Performance Center Steering Rob Levine Committee Merv Lapin 17. Colorado Ski Museum Board Jim Gibson C:\TCAPPTS.LST