Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1992-01-07 Support Documentation Town Council Regular Session
VAIL TOWN COUNCIL ' REGULAR MEETING TUESDAY, JANUARY 7, 1992 7:30 P.M. EXPANDED AGENDA 7:30 p.m. 1. CITIZEN PARTICIPATION. 7:35 p.m. 2. Consent Agenda. A. Approval of Minutes of December 3, 1991 and December 17, 1991 evening meeting minutes. Jill Kammerer B. Ordinance No. 48, Series of 1991, second reading, an ordinance amending Section 18.60.080 -Permit Issuance and Effect of the Municipal Code of the Town of Vail, and Section 18.62.080 -Permit Issuance and Effect of the Municipal Code of the Town of Vail; and setting forth details in regard thereto. Jill Kammerer C. Ordinance No. 49, Series of 1991, second reading, an ordinance amending Chapter 18.60, Conditional Use Permits, Section 18.60.020(G) Application -Contents and Chapter 18.62, Variances, Section 18.62.020(F) Application -Information Required; and setting forth details in regard thereto. Steve Thompson D. Ordinance No. 50, Series of 1991, second reading, an ordinance amending Section 3.52.060 of the Town of Vail Investment Policy, and setting forth details in regard thereto. 7:45 p.m. 3. Ordinance No. 1, Series of 1992, first reading, an ordinance Larry Eskwith declaring the intention of the Town Council of the Town of Vail, Colorado, to create a Local Improvement District within the boundaries of the Town of Vail for the purpose of converting existing overhead electric facilities to underground locations; adoption of details and specifications therefore. (See copy of Public Notice posted/published/mailed regarding formation of this Local Improvement District.) Action Requested of Council: Listen to public input and either pass Ordinance No. 1, Series of 1992 forming this Local Improvement District or move not to form same. Background Rationale: This is the next step in the formation of a Local Improvement District for the purpose of converting existing overhead electric facilities to underground locations for a portion of the Big Horn Subdivision. 8:45 p.m. 4. Resolution No. 1, Series of 1992, a resolution designating a Larry Eskwith public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. 1 Action Reauested of Council: Pass or deny Resolution No. 1, Series of 1992. Backaround Rationale: State law requires the Town to designate a place for posting public notices of Town of Vail meetings at its first regular meeting of the year. Staff Recommendation: Pass Resolution No. 1, Series of 1992. 8:50 p.m. 5. Public Hearing commencing a needs assessment for Heritage Larry Eskwith CableVision. Action Reauested of Council: Listen to public input relating to future needs of the Town of Vail cable television system. Backaround Rationale: This is the first step in the formal renewal process of the cable franchise agreement. (See copy of Public Notice posted/published advising the public of this hearing to commence proceedings for the purpose of: (1) Identifying the future cable related community needs and interests; (2) Reviewing the pertormance of Heritage CableVision, Inc., the cable operator under the current Town of Vail franchise.) 9:20 p.m. 6. Appeal by Applicant of a denial by the Planning and Mike Mollica Environmental Commission regarding a request for a Conditional Use Permit for an outdoor dining patio for Russell's Deck ~ The Gallery Building, 228 Bridge Street; a part of Lot A, Block 5, Vail Village First Filing. (Applicant/Appellant: Ron Riley/D.R.R., Inc.j Action Reauested of Council: Uphold/overturn the decision of the PEC. Backaround Rationale: The PEC, at their December 9, 1991, public hearing, denied the applicant's request by a vote of 3-1. Staff Recommendation: Please see the enclosed staff memorandum dated December 9, 1991. 9:50 p.m. 7. Adjournment. C:WGENDA.TCE 2 MINUTES VAIL TOWN COUNCIL MEETING DECEMBER 3, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 3, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Bob Buckley Tom Steinberg Rob Levine Jim Shearer MEMBERS ABSENT: Merv Lapin, Mayor Pro-Tem Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was a Consent Agenda consisting of three items: 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 I, 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. Mayor Osterfoss read the titles in full. Tom Steinberg moved to approve all items on the Consent Agenda, with a second from Rob Levine. A vote was taken and the motion passed unanimously, 5-0. Item No. 3 on the agenda was 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. Mayor Osterfoss read the title in full. Steve Thompson explained the majority of the amendments to the code were made in order to adopt several uniform amendments as proposed and adopted by the CML Board of Directors so the Colorado Association of Commerce and Industry (CACI) would exclude from their expenditure limitation bill state control over all municipal sales taxes. He added all home rule municipalities that self collect sales tax were adopting these amendments to help simplify the tax collection process. The amendments do not change the Town's tax base, and were expected to have no impact upon the total amount of taxes collected by the Town of Vail. Steve briefly reviewed the six amendments summarized in his memo dated November 20, 1991 to Town Council. Rob Levine questioned whether the definition of long term rental was changed, and Steve Thompson said he would research the question further before second reading. Tom Steinberg moved to approve Ordinance No. 45 on first reading, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. Item No. 4 on the agenda was 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. The applicants were Peter Jacobs of Days Inn and Alan Lyberger of Thrifty Car Rental. Mayor Osterfoss read the title in full. Andy Knudtsen reviewed the Community Development Department's memo to the Planning and Environmental Commission dated November 11, 1991, describing specific changes to the code and other housekeeping changes to clar'rfy the ordinance. Alan Lyberger of Thrifty Car Rental said he had received a call from Betsy Rosolack notifying him the zoning code did not allow a commercial car rental business to be operated out of the parking lot of the Days !nn Lodge, and he requested an amendment to the code so his business would be within code. After discussion, including a question from Tom Steinberg as to how the number of parking spaces were determined, Andy added this ordinance only allows for applications which would still require review prior to approval, and which would be reviewed 1 when leases were renewed each year. Rob Levine then moved to approve Ordinance No. 47 on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0. Item No. 5 on the agenda was 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 Undergound District No. 1 within the boundaries of the Town of Vail for the purpose of converting existing overhead electric facilities to undergound 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. Mayor Osterfoss read the title in full. Larry Eskwith noted the ordinance provided for notice to be sent to property owners within the proposed District regarding a public hearing on the proposed improvements, as well as notice their property would be assessed for the cost of the improvement. He added vacant lots would not be assessed, and Holy Cross would be burying the main cable at no cost. Peggy Osterfoss asked if the cost was being divided equally. Larry advised it was. After brief discussion, Rob Levine moved to approve Resolution No. 23, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:IMINS.123 2 e. MINUTES VAiL TOWN COUNCIL MEETING DECEMBER 17, 1991 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 17, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Jim Gibson Jim Shearer Tom Steinberg Rob Levine Bob Buckley MEMBERS ABSENT: Merv Lapin, Mayor Pro-Tem TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was Citizen Participation. Bob Baker, resident of The Falls at Vail and president of that association, first extended congratulations to new and re-elected council members. He said residents there felt left out of the public process and he would be bringing their concerns to Counci( more frequently. He expressed concern about bushes and sprinklers being damaged at the East Vail exit after recent work done there, and he hoped the area by the telephone and remaining mudhole would be finished with a drainage system and a covered bus stop. Additionally, he asked what was being done about the use of jake brakes, proposing they be eliminated except if headlights are off. He suggested the speed limit coming into Town from the top of Vail Pass to Booth Creek be 30 mph. Further, he felt the 65 mph speed limit sign at Dowd Junction should be removed, and he asked to have truck drivers present proof of their driving capabilities. He added Heritage CableVision should have competition. Second on the agenda was a Consent Agenda consisting of two items: A. Ordinance No. 45, Series of 1991, second 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. B. Ordinance No. 47, Series of 1991, second reading, an ordinance amending Section 18.52.170 - Leasing of Parking Spaces, of the Vail Municipal Code; and setting forth details in regard thereto. Mayor Osterfoss read the titles in full. Tom Steinberg moved to approve both items on the Consent Agenda, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 6-0. For the convenience of anyone present concerning Item No.10 on the agenda, Mayor Osterfoss announced the item was tabled at the applicant's request until January 7,1992. The item concerned an appeal by applicant/appellant, Ron Riley/D.R.R., Inc., of a denial by the Planning and Environmental Commission regarding a request for a Conditional Use Permit for an outdoor dining patio for Russell's Restaurant Deck at The Gallery Building, 228 Bridge Street; a part of Lot A, Block 5, Vail Village First Filing. Item No. 3 on the agenda was Ordinance No. 48, Series of 1991, first reading, an ordinance amending Section 18.60.080 -Permit Issuance and Effect of the Municipal Code of the Town of Vail, and Section 18.62.080 -Permit Issuance and Effect of the Municipal Code of the Town of Vail; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Jill Kammerer explained the ordinance modifies the procedure to be followed notifying individuals of the period of time conditional use permit and variance requests are effective. Jim Gibson asked if affected individuals needed to be notified in writing. Larry Eskwith said there is no legal obligation to do so. Rob Levine moved to approve Ordinance No. 48 on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 4 on the agenda was Ordinance No. 49, Series of 1991, first reading, an ordinance amending Chapter 18.60, Conditional Use Permits, Section 18.60.020(G) Application -Contents and Chapter 18.62, Variances, Section 18.62.020(F) Application -Information Required; and setting forth details in regard thereto. Mayor Osterfoss read the 1 title in full. Jill Kammerer advised this was a housekeeping ordinance bringing two sections of the code into conformance. Jim Gibson moved to approve Ordinance No. 49 on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 5 was Ordinance No. 50, Series of 1991, first reading, an ordinance amending Section 3.52.060 of the Town of Vail Investment Policy, and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Steve Barwick and Shelly Raemisch explained this ordinance would allow the Town to invest in no load mutual funds in order to enhance the Town's investment yields. They said the Town would probably not invest for more than one year, maximum investment would be $1 million, there was no penalty to withdraw at anytime, and the investments would be monitored daily. Jim Gibson moved to.approve Ordinance No. 50 on first reading, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 was Resolution No. 25, Series of 1991, a resolution authorizing employees of the Town of Vail to purchase, sell, resell, to or from R.G. Dickinson and Co.; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. After brief discussion, Tom Steinberg moved to approve Resolution No. 25, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 was Resolution No. 26, Series of 1991, a resolution authorizing employees of the Town of Vail to purchase, sell, resell, to or from Kirkpatrick, Pettis, Smith, Polian, Inc;, and setting forth details in regard thereto. Mayor Rose read the title in full. Jim Gibson moved to approve Resolution No. 26, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 8 was a request for a sign variance from The Chart House Restaurant located at 610 W. Lionshead Circle on Lot 1, Block 1, Vail Lionshead 3rd Filing. Shelly Mello advised the applicant, Mr. Barry Host, had not yet arrived, and asked Council to proceed with the next item on the agenda. Item No. 9 on the agenda was a request for a sign variance from The Viiiage Popcorn Wagon. The applicant, Ms. Jan Wening, had not arrived yet either, so Council proceeded to Item No. 11 on the agenda, as Item No.10 on the agenda had been tabled as noted above. Item No. 11 on the agenda was the appointment of one Planning and Environmental Commission member. Mayor Osterfoss advised Council had interviewed the three applicants, Dalton Williams, Linda Fried, and William Pierce for this vacancy created by Jim Shearer's election to Town Council. Following a ballot, Tom Steinberg moved to appoint Dalton Williams to fil! the remaining one month vacancy and the following two year term on the Planning and Environmental Commission, with a second coming from Jim Shearer. A vote was taken and the motion passed unanimously, 6-0. A brief break was taken to await the arrival of the applicants for Item Nos. 8 and 9 on the agenda to arrive. Upon arrival of the applicant from The Chart House, Council returned to Item No. 8 on the agenda. Shelly Mello explained the applicant was requesting a variance from the sign code to allow a menu box to be located off the business site and on Town of Vail property. She noted staff felt there was a physical hardship due to the location of the business and a variance was warranted, but recommended denial of the applicant's request to locate the menu box at mall level, instead recommending approval of the variance with location at the top of the second stair level in closer proximity to the access of the business. After discussion about lighting of the menu box and getting electrical power supply to it, Council expressed concern about setting a precedent by approving this variance request. Larry noted each applicant for variances has to be reviewed individually, so one variance would not set a precedent. Peggy Osterfoss noted granting of this variance depended on establishing physical hardship, and asked for an explanation of staff's reasoning allowing placement of the menu box on the second level, but not mall level. Shelly said staff felt location of the menu box at second level would be amply visible to pedestrians. Further, she said staff considered historical references of sign variances of other businesses, and rationalized from that research the proximity to the main access of the business was important. Brad Groll, General Manager of The Chart House Restaurant appearing for applicant Barry Host, Regional Manager, said they appreciated the offer to have the menu box placed at the second level, but preferred the main level since that was really the entrance to his restaurant and would be a much greater convenience to his guests. Rob Levine agreed with Brad on that point. Jim Gibson added having the menu box at mall level was a better solution to the hardship admitted to exist, and would not destroy any character at Lionshead. Rob Levine moved to approve the applicant's request to place a menu box at the mall level based on the fact there is a physical hardship of being removed from the main pedestrian flow and for the convenience of the guests in the Lionshead area in accordance with items A,B, and C of memo from the Community Development Department to the Design Review Board dated December 4,1991, with a second from Jim Gibson. Before a final vote was taken, there was additional conversation with regard to setting a precedent based on this action. Ron Phillips said he felt staff's recommendation to have the menu box placed on the second level was based on what this might lead to over time. Rob Levine asked if a variance could be granted on a temporary, reviewable basis should the variance become a problem. Larry Eskwith checked the Code and found an ordinance may be revocable or granted for a limited period 2 of time. He suggested if this variance were to be revocable, standards should be set. Jim Gibson said if there are businesses truly faced with a physical hardship in terms of their location, TOV should do something to help them solve it, so if it does come before Council again by someone else with a hardship equal to the one faced by The Chart House, TOV should look very seriously at granting Peggy expressed the importance of establishing unique circumstances. Tom Steinberg felt such things as this menu box placed on TOV property needed to be covered by a lease so the applicant would be liable for it, and this should be revocable in case of changes made to the mall necessitating moving the menu box. Larry said he would prepare a lease incorporating such conditions, and the variance should be made subject to the conditions of the lease. Rob amended his motion to make the variance subject to a lease drawn up by staff. He moved to approve The Chart House sign variance request with the finding there was a physical hardship in conjunction with points A, B, and C under Section 2 A and B of the memo, and, because the menu box would be on Town of Vail land, there would be a written lease prepared with provisions therein allowing for modification at the Town's discretion based on mall improvements, that the applicant would be responsible for maintenance, etc., and the final actual location of the menu box on mall level would be determined by staff. Jim Gibson seconded the amended motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 9 was a request for a sign variance for The Village Popcorn Wagon by applicant, Jan Wening. Jill Kammerer referred to the Community Development Department's memo dated August 21,1991, detailing the original request from the applicant for three sign variances. Of the three variances requested, (1) a variance to allow the words "Beverages Sandwiches Pastries" on an existing awning, (2) a variance to the total amount of sign area permitted, and (3) a variance to the number of exterior signs permitted, staff had found variance requests 2 and 3 were not necessary as the metal signs affixed to the wagon were a part of the wagon design and should not be counted as signage. Further, the popcorn wagon was permitted to have two exterior signs stating the name of the business, and staff felt there was no physical hardship making wording on the awning necessary, given the allowable signage. Therefore, the final request before Council to uphold or deny the Design Review Board's recommendation denying the variance to allow the name of the business to be on the awning was under consideration. The Design Review Board had not been able to find grounds for granting the variance to acceptable information permitted on a sign because 100% of the awning contained information describing the nature of the business with no reference to the business name. Jill noted at least 60% of the sign must state the name of the business; the nature of the business could not exceed 40% of the same sign. Jan said she was in the process of changing the business name to "Wall Street Beverages Sandwiches and Pastries Company", and said that was on the awning now. She added she had replaced the old awning with one reading "Beverages Sandwiches Pastries" across the front not realizing she needed to make an application to do so. When it was pointed out "Wall Street" and "Company", part of the business name, did not appear on the awning, Jan advised the awning company was currently correcting the awning to read "Wall Street" on one side and "Company" on the other, with "Beverages Sandwiches Pastries" across the front of it. Further note was made to point out the business's lease is not executed in the new name, and Jan advised she was waiting for necessary documents from the State before she came in to change the lease. Peggy Osterfoss asked 'rf there would be a problem having parts of the sign on different sections of the sign. Jill recalled a recent similar situation involving awning signage. In that situation, Jill said Betsy had interpreted having the same signage on either end of the projecting awning sign as being one sign, but having additional language on the front of the awning was denied as that would constitute another sign. There was additional discussion about observations made at the site visit during work session, and, as the business of making a motion on the variance request began, Tom Steinberg expressed serious reservations about granting any variances to the applicant. He noted this applicant had repeatedly been in non-compliance with regard to signage laws. He felt requests for variances should not be considered until existing signage was in conformance. He felt strongly if this variance was approved, he would not like to see the applicant's lease renewed because the popcorn wagon, although originally unique and pleasant, no longer presented an appropriate image in Vail with all of its signs. Further, approving the request allowing this on Town of Vail land would set a precedent making it difficult to bear down on other merchants to control their signs. Bob Buckley agreed, and moved to deny this sign variance request from The Village Popcorn Wagon as no physical hardship existed and there were no unique circumstances, with a second from Jim Gibson. Rob Levine asked if the applicant could in fact come back and put "Wall Street Beverages Sandwiches and Pastries Company" all on the front side of the awning. Jill said yes, provided it did not exceed 3.6 square feet, and the signs determined to be integral to the wagon could also remain. Rob referred back to and agreed with Tom's comments about the number of signs already on they wagon. He felt those looked like signs to him, and he deemed they are over the allowable amount of square footage and number of signs. He felt it would be a hardship not to leave those signs in place because they were an integral part of the structure. Bob Buckley wanted to withdraw his motion in light of Rob's point, feeling there would be too much sign clutter if the whole name was on the front of awning. A vote taken on Bob's motion and it failed, 4-2, Peggy and Rob opposed. Jim Gibson said he felt the signs that were an integral part of The Popcorn Wagon itself are part of the design of the wagon and he recognized there was a message there, but because The Popcorn Wagon was what it was, he considered those signs to be the same as the red spoked wheels which were part of the design, but certainly carried no message. Without those integral signs, he felt the wagon would be less colorful, and he was willing to consider those signs part of the wagon design. He agreed with Tom that the constant disregard for the sign ordinance by the hanging of paper signs in and about the windows had to be stopped. And, until such time, Jim was ready to uphold the Design Review Board decision that the sign they wanted to now add had to be in accordance with the ordinance, and any signs to follow would have also have to be in accordance with the ordinance. Larry Eskwith reminded Council about the need to make the findings 3 demonstrating hardship, that there were special circumstances or conditions applying to the structure, that special circumstances were not created by the applicant, that the granting of the variance would be in general harmony with the purposes of this Title, and the variance applied for did not depart from the intent of the Title. With regard to the number of signs and area of signs which were integral to the structure, it was found there was a physical hardship, and those findings were substantiated by Section 2 A,B,C, and D. Rob Levine moved that the signs that were an integral part of the building could remain, that to change them would be a hardship, that it was a special circumstance being they were part of the design of the wagon, that the applicant did not create that special circumstance, that the granting of the variance would be in harmony with the purposes of Title 16, and that the hardship found was in accordance with Section 2, A,B,C, and D, and that the variance applied for did not depart from the provisions of Title 16 anymore than is required to identify the applicant's business, and the request for a variance for signs above and beyond those signs that were part of the wagon itself be denied, and further the applicant bring the rest of the signage - both temporary exterior and window signs -into conformance with the ordinance. Jim Gibson asked if this motion specifically eliminated the signing at the head of the awning. Jill said no, the applicant could come back in and put the name of the business on the awning in an area no bigger than 3.6 sq. tt. This motion went unseconded. Tom Steinberg then moved the whole item be tabled until all signs were in conformance with the present sign code and staff be informed they should enforce the sign codes as presently written on this project, and anything short of that was condoning illegal signs, with a second from Jim Shearer. Peggy said she wanted Council to act on this request rather than table it. A vote was taken on Tom's motion, but it failed 3-3, Peggy, Jim Gibson, Rob opposed. Peggy then moved to grant a variance that would take into account the existing signs appearing to be incorporated into the structure of The Popcorn Wagon although they apparently totaled more than was allowed in square footage, and were four integral wall signs totaling 8.3 square feet, and apparently 3.6 square feet of exterior signage would be allowed, therefore the variances for some additional square footage on signage was necessary because there was a physical hardship that resulted from the construction of the wagon itself, and special circumstances were not created by the applicant, that the granting of this variance was in accord with Section 2 A,B, C, and D. Further, part of this approval would mandate any illegal window signs would be eliminated, and a second came from Rob Levine. Peggy said Jan would have to come in with another variance request if she wanted to put a header on the awning stating her business name. Jan asked 'rf the problem would be solved if the lettering on the awning were removed. Peggy said that would solve the entire problem, explaining once the awning was without lettering, it was no longer a sign. Jan said then she would take off all the lettering from the awning. It was agreed signs built in as an integral part of the wagon, glass etched signs, could stay as they were. A final vote was taken, and Peggy's motion passed, 5-1, with Tom Steinberg opposed. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:10 p.m. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:VNINS12.17 4 ' ORDINANCE NO. 48 SERIES 1991 AN ORDINANCE AMENDING SECTION 18.60.080 -PERMIT ISSUANCE AND EFFECT OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, AND SECTION 18.62.080 -PERMIT ISSUANCE AND EFFECT OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on November 25, 1991, at its regular scheduled meeting, the Planning and Environmental Commission recommended amending the Town of Vail zoning ordinance to modify the procedure to be followed notifying individuals of the period of time conditional use permit and variance requests are effective; and WHEREAS, the Town Council believes that the changes recommended by the Planning and Environmental Commission will benefit the health, safety, and welfare of the inhabitants of the Town of Vail, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.60.080 -Permit Issuance and Effect, of the Municipal Code of the Town of Vail is hereby amended to read as follows: 18.60.080 -Permit Approval and Effect Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Section 2 Section 18.62.080 -Permit Issuance and Effect, of the Municipal Code of the Town of Vail is hereby amended to read as follows: 18.62.080 -Permit Approval and Effect Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions 1 of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the 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 shat! not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1991, and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 2 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD.48 3 ORDINANCE NO. 49 Series of 1991 AN ORDINANCE AMENDING CHAPTER 18.60-CONDITIONAL USE PERMITS, SECTION 18.60.020(G) APPLICATION -CONTENTS AND CHAPTER 18.62-VARIANCES, SECTION 18.62.020(F) APPLICATION -INFORMATION REGIUIRED AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the language relating to notification procedures in Sections 18.62.020(F) and 18.60.020(G) conflicts with language relating to the notification procedures in the Administration chapter of the code, Section 18.66.080 Hearing -Notice; and WHEREAS, the Town Council desires to change the language in Sections 18.62.020(f) and 18.60.020(G) so it no longer conflicts with the language in Section 18.66.080; and WHEREAS, on November 25, 1991, at its regularly scheduled meeting, the Planning and Environmental Commission, recommended approval of the amendment by a vote of 6-0. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Chapter 18.60.020(G), Application -Contents, of the Municipal Code of the Town of Vail is hereby amended to read as follows: 18.60.020(G) - A list of the owner or owners of record of the properties adiacent to the subiect orogerty which is subiect of the hearing. Provided however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's responsibility to provide this information and stamped, addressed envelopes. Notice to the adiacent property owners shall be mailed first class. ~ostaae ~reoaid. Section 2 Chapter 18.62.020(F), Application -Information Required, of the Municipal Code of the Town of Vail is hereby amended to read as follows: 1 18.62.020(F) - A fist of the owner or owners of record of the properties adiacent to the subject grogertv which is subject of the hearing. Provided however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent, registered agent or members of the board of directors, as appropriate, shall include the names of the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's responsibility to provide this information and stamped, addressed envelopes. Notice to the adiacent property owners shall be mailed first class gostaae prepaid. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision sha!! 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 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 2 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1992. A public hearing shall be held hereon on the day of , 1992, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of .the Town. Margaret A. Ostertoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 ORDINANCE NO. 50 SERIES 1991 AN.ORDINANCE AMENDING THE INVESTMENT POLICY OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to amend Section 3.52.060 of the Investment Policy of the Town of Vail to permit the Town to invest in no load mutual funds that invest in mortgage backed securities issued by the Government National Mortgage Association ("GNMA"), the Federal National Mortgage Association ("FNMA"), or the Federal Home Loan Mortgage Corporation ("FHLMC"). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 3.52.060 of the Investment Policy of the Town of Vail is hereby amended to read as follows: 3.52.050(fl No load mutual funds that invest in mortgage backed securities issued by the Government National Mortgage Association ("GNMA) or the Federal National Mortgage Association ("FNMA"), or the Federal Home Loan Mortgage Corporation ("FHLMC"). 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. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 1 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of December, 1991, and a public hearing shall be held on this Ordinance on the 7th day of January 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD.50 2 ORDINANCE NO. 1 SERIES 1992 AN ORDINANCE DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE BOUNDARIES OF THE TOWN OF VAIL FOR THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC FACILITIES TO UNDERGROUND LOCATIONS; ADOPTION OF DETAILS AND SPECIFICATIONS THEREFORE. WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to create local improvement district pursuant to the provisions of the Colorado Underground Conversion of Utilities Act, 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, Holy Cross, pursuant to said resolution, has caused Schmueser Gordon Meyer, Inc. to prepared a report setting forth the costs and feasibility of the proposed project, which has been filed with the Town Clerk; and WHEREAS, the Town Council has examined and considered the report by Schmueser Gordon Meyer, Inc. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 1 That the report by Schmueser Gordon Meyer, Inc., setting forth an estimate of the costs and feasibility for the conversion of existing overhead electric facilities to underground services, prepared and filed with the Town Clerk, be and the same is hereby approved and adopted by this Council for use in the construction of the improvements to be made in said Local Improvement District. Section 2 That the removal of all and any.part of the any existing overhead electric facilities, and the replacement thereof with underground electric facilities will promote public convenience, necessary, and welfare. Section 3 That the costs and expenses of the District created 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 lots and lands benefitted by such improvements 1 as follows: CRS 29-8-109 provides that the Resolution declaring the Council's intent to create a local improvement district shall state: "That the costs and expenses of the district created are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent lots and lands along or upon whose improvements are to be made, and upon lots and lands benefitted by such improvements and included in the improvement district created...". Section 4 That the property to be assessed for said improvements shall be the property included within the District boundaries, and specially benefitted by said improvements; the area and boundaries of the proposed improvement district are more particularly set forth in Exhibit "A" attached hereto and incorporated herein. Section 5 The improvements shall consist of removing overhead electric facilities, including but not limited to, electric, communication 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, with 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 facilities is the amount of $170,893 (one hundred seventy thousand eight hundred ninety three dollars). Section 7 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. 2 Section 8 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 9 The repeal or the repeal and reenactment of any provision of the 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. Section 10 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVEu, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1991, and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD92.1 3 EXHIBIT "A" ~ ' i I BIGHORN SUBONISlON \ FIFTH ADDITION BLOCKS l-7, fA LOT 8 ' 107 ! LOT 1 4857 LOT 4768 l0I ? LOT 3 ' `:4846 cdr 7 s087 [of s -'48x7 Slid ' LOT N0. (TYP.) cor a cor 6 for 19 Loi' J J 4799 4916 (OT 6 [OT 7.- COl 1 " 4907 SlJ7,,,. t77s . isr91 a BLOCK N0. (TYP..) ' `toT r COr 4 3047 4976 i 49n STREET ADDRESS coT ! [or !4 lOT J LOl 17 .o (TYPICAL) 5116 [OT 1 " 4BJ9 A 5086 0 5lJ6 LOf 1J LOT I O © LoT r ~ mr'3 4 ' lA 1818 LOT 16 4916 ~ .COT 4 LO/ U LOT 9 ~ t9J7 COT J [OT !1 [OT 5 4859 479? ' 4957 107 ? 0~ !OT 1 ~ LOT B , COT 6 ' LOT 2. ~ 49J6 4977 5017 '9Gy CO LOT 4 4802 m 4840., p .':LOT 15 ~Q~. LOT 7 LOT ll y ~ g ,1879 LOT ! LOT ? 0/R r LOT 7 f A LOT 7 1997 COT 1 [OT J CAF [Or 6 j 4946 GQ¢ 5016 [OT 5 I >co>' J Lor N cor z cor 4 car to I LOl 8 ~ ::4868 4889 [Of B ~ AF 5016 LOTS r 4966 LOT 9 j COI9 4995 ~ LOl6 COT J ~ 482? lOT iJ S006;i.' LOT 7 LOT 10 ?LOT 4 x$99 LOf ll CO! JO - LOT 4 LOT 9 4841 4888 ';1999 5014 ' COI 8 [OT f!' LOT 11,.?, 4es1 ' 49J9 GORE CREEK MEADOWS ~ cor I? FILING N0. 1, LOTS 1-4 ~ LOr IB COI T9 { LOT lr toT rs ~ SHADED COTS INCLUDED !N THE UTILITY 4867: 4a99 UNDERGROUND/NG D/STRICT ND. 1 ' LOT !4-. LOT !6 LOT l7 ~ ' 4872 ::4918 Iy49 LOI ?0 DISTRICT BOUNA4RY ~ _ TOWN OF VAIL LOCAL UNDER GROUND DISTRICT N0. 1 ' ~ ~ . T01~VN OF V.~IL , 75 South Frontage Road Office of the Town Manager Vail, Colorado 81657 303-479-2105/FAX 303-479-2157 December 19, 1991 On December 3, 1991, the Vail Town Council passed Resolution No. 23, Series of 1991, establishing the date of a public hearing in regard to the Council's intent to establish "Utility Underground District I~To. 1." Enclosed is the official public notice setting forth the date of the hearing for 7:30 p.m. on January 7, 1992, in the Vail Town Council Chambers, and containing other important information concerning the formation of this district. Your property is located within the proposed district as set forth in the resolution. In order to accomplish the undergrounding of all overhead utility facilities, the cost associated with undergrounding the secondary electrical system components must be borne by the property owner. The Town wishes to form a local improvement district to fairly allocate the costs associated with the district among the property owners being benefitted. It is important that you carefully read the enclosed notice and that you appear at the hearing to express your opinion relating to the district and to obtain information concerning the district. Si ce ly, r Rondall V. Phillips Town Manager RVP/dd Enclosure L PUBLIC NO7'ICL NO1'ICL OI+' IN'I'IJNTION TO CRLA'I'1J A LOCAL INII'ItOV~MLN'1' DIS'1'RIC'i', CON1R'iONLY HIVOWN AS '1'IIL "U'1'ILI'1'Y UNDERGROUND DIS'TRICT' IN '1'I1L '1'O~'VN O1' VA1L, COLOIi.ADO, FOIt'1'III: PUItPOSL OF It>JMOVING EXISTING OVI;It1Il;AD L1.I+~C'.l'ItIC 1~ACILI'1'ILS, ANll'1'O ItLPLACI:'I'I11, SAME ~VI'1'll UN UI?It.(,ItOUNI) I.I,LC'1'1t.IC 1?A(;ILI'1'11;5, AND NO'T1CL Ui~ A I1LAItiNG 'T11L1i.LUN. (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 'T'own 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 withn a proposed underground local improvement district within the present boundaries of the 't'own 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, 1! fifth Addition and Gore Creek Meadows I' filing No. 1 exclusive of the following in Bighorn Subdivision, rifth Addition; Loll 2, 3, 4 and G, Bloclc 1; Lots 2 through 9, I31ock `L; Lots 1 through 14, Block 3; Lot 1A, Block lA; Lots 1, 2, 3, G, and 8, Block 4; Lots 1, 4, G, 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 acid baclcfillii~g thie 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 ditcl?es 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. -'`Jr4.. 1'7,..~ ~d~~'•a yti'. -.f *,~iNrf .__.~_R. . , . '1'lie Town Council ltas determined that special Uenefits 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 oC the residents, particularly children, within the District. (d) The estimated total cost of the project as determined from the cost and feasibility report by Scliiiiueser Gordan Meyer, Inc. including the cost of the improvement,, engineering acid clerical services, advertising, inspection, collection of assessments, interest oii bonds, and legal services for preparing proceedings and advising in regard thereto, is the amount of $170,893. (e) 1t is proposed that the cost of the project shall be paid and assessed as depicted in Lxhibit "B". In the event the actual conversion and incidental costs are less than the estirated conversion and incidental costs, each owner within the Improvement District shall receive the benefit prorated in such form and at such ti?iie as Uie Council inay cletermiiie. (f) A public Bearing 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 al. 7:3U p.rn. on January 7, ] 992, in the 'Town Council CBambers, Vail Municipal Building, 75 S. Frontage Il.d., Vail, Colorado. Any interested person desiring to be licard 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 Bearing. Lvery person who owns real property wiLluii the boundaries of the District, and who fails to appear before flee 'Town Council at t}ie hearing and make any objection lie or slie may leave to the creation of the District, the making of the improvements and the inclusion of lus or her real property in the District, shall be deemed to Bave waived such objection. Sucli waiver shall not, however, preclude his or leer right to object to the amount of the assessment at the assessment hearing, at a later date. (li) Tlie public utility performing 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. 'Plus shall include the digging and Lhe 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. h'ailure to Tile 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, lie or she shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs Crow the owner's service entrance Lo 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 payiiient for the actual cost for such work accomplished upon the owner's property by the public utility; such amount shall be less Llian Lhe cost if the public utility had performed the trenching and baclcGlling. urther, 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 ar 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 ~?C s k r~. pursuant to Section 29-8-133, Colorado Revised Statutes; or . yl - } (3) otherwise fails to provide for underground service connection to x N ~}4 tI C d ~ n ~ J~ i tiS. ~ ' ~ i ~iru ir~~"r n. i~~,. _ _ his property 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. (i} A copy of the cost and feasibility report, Resolution No. 2Ai~, .Series of 1~J90 enacting the district, and all resolutions and proceedings are on Gle and can be seen and examined by any interested person at the Vail Municipal Building, 7,5 S. montage Rd., Vail, Colorado, at any time during business hours on or prior to tl~e date of hearing. TOWN OP VAIL Pamela A. Brandmeyer, Town Clerk ~ ~f~y`Wi }i,: _7 ~ . EXHIBIT "A" B/GHORN SUBD/l/ISION _ ~ \ F/FTH ADD/TION BLOCKS 1-7, lA core ~ - - LOT 1 4857 LOr 4 LOT 1 ` LOT 2 L07 3 cy 4768 - LOT i 5087 LOT 5 .4846 4 ~'B7 5117 LOT ND. (TYP.) LOT 2 O LOT 6 LOT 19 ; LOT 3 , LOT 7 \ :4799 4916 LOT 6 5137 L07 2 4907 4778 LCr le BLOCK NO. (TYP.) .;:LOT J 4619 5047 LOT 14 LOT 4 LOTS LOT 1 4916 c STREET ADDRESS Z 4917 (7yP/CAL) 5116 LOT 2 Lor 3 Lor v LoT ,o 4839 ~ 5086 5136 LOT 13 LOT a 4' JA COT 7 LOT 5 4828 4926 ~ LOT 4 ~ LOT lA LOT 9 LOT 3 LOT 12 ..LOT 16 .4937 ~ LOT 5 4659 Q- 4792 LOr 3 ~ LOT 1 LOr 8 m 4957 LOT 2 tiiyi~ LOT 4 LOr 6 4977 5017':' C LOT 2 ~ LOT 11 LOT 6 ~ 4840 °o LOT 15 4936 LOT 2 C'f'c`' p, COT 7 4802_ ~ ~ 4879 49971 /~c~F LOT 6 ~ (fi~~) ~ LOT 7 ~ LOT 1 LOr 3 LOT 7 c ~ 49db GO~ 5026 LOT 5 m LOT 2 CDT 4 LOT 14 S LOT 10 LOT 8 , 4868 4889 LOT 8 _ ~ 0 J 6 LOT 5 Q 4966 LOT 9 Q LOT 6 4995 ~ LOT 3 LOT 9 4822 LOT 13 SOOo" LOT 7 4899 LOr 4 LOr 9 LOT 10 LOT 4 : LOT I1 LOT 10 ...4842: -:4888 .'..4999. 5014 LOT 8 LOT ~J1 'LOT 12..: ~ x852 4939 GORE CREEK MEADOWS FlL lNG NO. 1, LOTS 1- 4 LOT 12 Lor 1a LOT 19 SHADED LOTS /NCLUDED IN THE UTILITY Lor , 1J .Lor Js ~ UNDERGROUNDING D/STRICT NO. 1 '.4898 '4862 " ,LOT 14 - LOT 16 ::LOT 17, 4872: 4918 4948: I LOT 20 DisrRicr eouNDARr TOWN OF VAIL LOCAL UND~'RGRO UND DISTRICT N0. 1 EXHIBIT ."B" CONSTRUCTION OVERHEAD AND CO5T CONTINGENCY TOTAL , $146,257 $ 24,636 $170,893 . i ~ t i REC d J A N 7199 Vail Urdergrourdirg Property 1 Orrer ; Street .Service I H.C. ;1011 I Orrer ~ Address I Address liype ; I.O. 8 ;Black ; ~ i ~ ~ i i i i i i i i Boren, Peter 6. 1 Box 1355, Vail, Co. 81658 ISB41 Yair Gore Drive U6 ~ 32 111,81 ; Pyka, Willia~ W, i Jacguelire L I Bax 614, Vail, Co, 81658 14819 Yeadar Drive (A) ~ U6 ~ 41 IL15,85 ; laab, fiearge S, 8 litelle R. 14819 Yeador Drive, Vail, Co, 81651 14819 Yeador Drive (B) UG ; 48 1115,85 I Bailey, Thous H. 8 Jeanne Y. ; 4192 Yeador lane, Vail, Co. 81651 ;4192 Yeado? lane I UG B1 IL5,81 ; Bailey, Thous H. 8 Jeanne Y, ; 4192 Yeador lace, Vail, Ca. 81651 14882 Yeador lane UG ; B6 ;L6,81 ; Keleske, Todd Y. ; 1468 Ridge lane, Vail, Co, 61651 ;4846 Yeador lace ~Ai I UG 12 ;L2,86 ; Slutnar, Clayior 1 353 Seneca Rd., Harrell, HY 14843 ;4848 Yeador fart (8) ; U6 13 I12,B6 ; Sutphin, Elitabelh 8. ; 8325 Areadillo Or., Evergreer, Co.B8434 ;4841 Yeador lace I UG ! 21128 ;118,81 ; Fink, Kyle Y. .2885 Franklin, Derver, Co.8B286 ;4822 Yeador lane 1 UG ; 11118 ;19,81 ; Braddock, Ronald P, ; 111 Slarbery Ridge, Ft, ihoaas, KY 41815 ;4852 Yeadar lane ; DH ; BS ;111,81 I Fisher, Jar+es A. 8 Oonna D. ; 481 Kal~ia Ave., Boulder, Ca. 88182 14866 Yeador lane ; UG 34 I13,B6 I Daverporl, Gary 0. ; ; ; Seversar, Roberl 148 E 19th Avenue, Sle. 488 14862 Yeador fare (A) ; UG 128-15 Il1I,B1 I Yiebrigge, T. Oerver, Ca. 88283 ; ; ; ; f ; ;1olals I Vail Uodergrounding Property ~ Omer ~ Street Service . H,C, Ilot~ ISi Ofner bddress ~ bddress 11Ype 1 I,D. E (Block Il 6lasener, Paul ~ E, Harvard Dr,, Aurora, Co. 88614 14812 Yeado~ lane(A) UG .23124 IL14,81 Blair, Barbara Seaton 1 Box 544, Vail, Ca, 81658 ,4812 Yeadat lane(B) I U6 2324 IL14,B1 I Kilpatrick, Jahn i. 1 22Y9 East Green Oaks Lane 14916 Juniper lane(A) 1 OH 1 88 IL3,B5 I { lil'1leton, Co, 88121 ; 1 ~ 1 1 Kaiser, Ursala ~ 8485 Wesl 451h St., Lyons, III. 68534 ~d916 Juniper lane (8) 1 UG 1 89 113,65 Yariini, Walter A, L Yonika W. Baz 9185, DEIIYef, Co, 88289 14888 Yeadarf lane(A) 1 UG I 114,86 I Rigberg, iruslee, Herbert 8 l~n 14553 E, Pebble Ridge Raad 1 Paradise Valle, A2,85253 14888 Yeado~ lane(B) ~ UG I 114,86 I Plagens, H. Fred 8 Wanda J. .5881 W. 181 sf,, Sfiliell, KS 66BBS 4898 Yeado~ Lane~A) 1 U6 1 3143 Il1S,B1 I Davis, Roi C, ~ 66tl8 E. E?posilion, Denver, Co. 88224 14898 tleadao lane(B) 1 UG ~ 3143 IL15,81 Saunders, Robin {Janet 1 4312 Arra~o, tlidland, i~, 191Y3 !4918 tleadoi Drive I U6 16 1116,81 ; 1 I I I liotals I Vail Undergrounding -----------------------------------~-----------,--------------•--------------------+-----------------------f Properly I Orner ~ Sheet (Service 1 H,C, ILoi~ 0?oer I Address 1 Address Hype ~ I,D, 1 (Block 11 -----------------------------------+----------------------------------------------F-----'--"---'--'-"---+--------+--------+---'-'-~~ Earler, Roy I, 6 Phyllis 1 Box 2821, Vail, Co. 81658 (4939 Yeado? Drive I OH ~ 39ySY 1112,85 1 Robbins, James b Jeannine ~ Bor 1121, Vail, Ca, 81656 14948 Yeadar Drive ~ ON B4 IL11,B1 1 Hill Country Columbine Assoc. 1 X William J. Pierini, 18663 E. I 1 1 1 I Yaple?ood, Engle?ood, Co. 88111 14999 Yeada? Orive(A) 1 UG 45146 ILiB,BS 1 Nathanson, Steven R, 1 2112 Devonshire Dr., Carrolton, is. 15881 14999 Yeada? Orive(B) I UG 1 45146 IL18,85 1 Frein, Ann 8 Japes 1 2185 Slerlino Rd,, Oeerlield, III, 68815 14995 Yain Gore Orive 1 UG 1 S31S4'Il9,BS ~ 1 i~ Horn, Fraser Y, II 1 225 Wall SI,, Vail, Ca. 81651 IS11J Yain Gore Orive 1 UG 1 14 ILS,81 Hussey, Charles E, I 221 W, Yooroe, Roos 3188 1 1 1 Chicago, III, 68686 IS116 Yain fiore Drive I OH 33 ;11,82 ; Gibson, Japes J, 1 5131 Y. Main bore Dr., Vail, Co, 8165( IS131 Yain bore Drive I U6 1 22 IL1,81 ; Eilert, William T, 1 Box 1161, Vail, Co, 81658 14881 Juniper lane (A) 1 U6 1 21119 I11,B4 1 Welch, Patrick R. ~ Yarjerie 1. 1 266 Cactus Ct., Boulder, Co. 88384 14881 Juniper lane (B) 1 U6 1 21119 ILI,B4 1 1 1 1 1 ~ 1 1 11o1a1s I ~l , t i i i; ;I Vail Undergrousdisg ~ ~ Pro art ~ ~ Drser ~ Sireei (Service ~ H.C. I1o11 4+ser Address 1 Address liype I I,D, ! 191ock f I I I I , , I 1 Yaroses, Boherl Guerrerro 1 % Jesni Yarguet, Bok 895, Vail,Co, 81658 4995 Yaio Gore Drive I UG l 53-54 IL9,B5 I I I ' Guerrero, Blanca Banerit De I I I 1 I I I I I I , I j: Garcon, ti~olhy B. ! Box 888, Uail, Co. 81658 149)1 Juniper lane 1 UG 1 38 114,84 1 { , , I I I t , , I I I I Bechter, Sarfual 6 Bonnie Jo, ~ 1966 Decatur Dr., louisyilla, KY 48218 4911 Juniper lane ~ UG ~ 26,28 I1S,84 1 i I I I I 1 Y I , I I 1 1 Borges, Bjars K, ~ 398 franklis SI,, Denver, Ca. 86218 14926 Juniper lane I UG l 62 lLS,BS ; 1 1 1 Cafsky, BaGerl A, 1 826 Naposset St„ Nor+ood, YA. 14946 Juniper Lane(A) 1 UG 1 6J164 IL1,BS 1 i I , , I I I ' , I I I I ~i Siaoper, John H, l Hand 1, 1 )688 S. Gilpin, Englewood, Co. 66116 14946 Juniper lane(B) I UG 63164 111,95 1 I 1 1 1 I I , , I I I I Hill, YcDoa+ll, Shepherd ~ ~ ~ ' Vail Parisership 1 3112 Wasderlasd Hill, Boulder, Co. 86362 14689 Yeado+ Drive 1 UG 1 63 1114,85 1 i I , , I I i 1 1 I I ~ Kla+iter, Wallraa 1 4168 E., Yeado+ Drive,, Uail, Co, 61651 14168 Yeada+ Drive UG 1 61162 .11,81 1 I I I I I I I 1 I I Chpppis, Michael ! Kathrrs A. .5551 EI Cedral Sf,, fang Beach, Ca, 96815 14118 Yeado+ Drive(l) 1 ON 1 33116 112,81 1 I I I I I , I I I I Choppis, Michael 6 Kalhrro A, 1 5552 EI Cadral 51,, long Beach, Ca. 98815 14118 Yeado+ Drive(l) 1 OH 1 33116 112,91 1 1 1 Sleadla, Kalrisa N, 1 Box 1532, Uail, Ca, 81658 14199 Yaador Drive(A) 1 DH 14111 1119,85 1 I I i I I ~ , I I I I 1 Krehs, Nelena I Boz 1524, Uail, Ca, 61656 14199 Yeada+ Drive(B) 1 OH 1 14111 1L19,85 I { I I I I 1 I I I 1 1 1 1 t Iiofals I i I I I j , , I I I I i y t.. ~ Vail Undergrounding Property ~ Orner ~ Street 1Seruice I H,C, Ilan 1ST Oiner 1 Address ~ Address hype ~ I,0. J IBlock Ili ~ , i i i i ~ i i i i i ~ Detlling, Joho F, B Marjorie A, 12288 Stockbridge Rd., Akran, OH 44313 14819 Yeado? Drive(A) ~ UG I 668 1LiB,BS Levy, Edgard B Joann C. 1 4819 Yeado~ Drive, Vail, Co. 81651 14819 Yeadarf Drive(B) ; UG 668 1118,85 I LindseyfRillsan Develapeenl I I S 4acalian Properties 1 286 Bridge SI,, Vail. 81651 14846 Juniper lane (A) 1 UG 6) 112,BS I 886189 Ontario ltd, I 19 Narlech Court, Thornhill, 1 1 1 I Ontario, Canada 131-2A 14846 Juniper lane(B) I UG 61 1L2,B5 1 Yizner, Geroge 1. 1 9683 E. Orchard Dr., Engle~ood, Co, 88118 ;4839 Yeado~ Drive 1 U6 I 35,36 1L11,B5 1 laycaG, la~rence 0. 4 6reeoridae Rd,, E~gle~ood, Ca, 88111 14828 Yeado~ Drive(A) UG 151,52 11,66 1 fernandet-Hurtada ; % Rendetnous West Real Estate 14828 Meadov Drive(B) I UG 1 51,52 111,66 1 Ernesto B Eve I Bor 391, Vail, Co. 81658 I 1 1 Malloy, Margaret B. B 1 BoK )21, Ed~ards, Co, 81612 14859 Yeado~ Orive 1 UG 1 2938 1116,85 1 Charles P, Roth, Jefferson I Baz 669, Vail, Ca, 81658 15856 Yain Gore Or, 1 Ufi ; 42 1118,82 1 Tilke~ier, Roger Yy. B Jeanne B, 1 Box 142, Vail, Co. 81658 15816 Yain bore Dr,(1) 1 UG 1 15-ti 1 C,1 ~ 1 Devlin, Thooas J. l Nancy 1 288 E,51h Ave,B21S, Naperville, II, 68563 15816 Yain bore Dr,(2) UG 1 15-11 1 C,2 1 Vigor Develop~ent Corp, 1 1185 linden lake Rd,, F1, Collins, Co. 8BS2414899 Yeado~ Drive (A) 1 UG 1 SB~S9 1113,BS 1 1 Dicus, John C, B Barham B, 11524 lakeside Dr,, Topeka, KS 66684 14899 Yeado~ Drive (B) I UG 1 5859 1113,85 1 1 1 ~ 1 ITotalS 1 s' i F:. h. Uail Uodergrou~diog '1 -----------------------------------~----------------------------------------------F-----------------------,--------~--------+-------+ i Properly I Orner Slreel Service ~ H,C, ILo11 Omer ~ Address dddress ~)ype ~ I,D. 11Block I I I I 1 1 I I ,Hall, Richard i Palricia 1. l 131 Willarhrook Rd., Boulder, Co, 883825986 Yaio Gore Or, (1) ; UG I 16-28 I E,1 I 4hri, John C. b Leona G. f 6141 Holly Springs, Houston, 1X. 1185) iS886 Yaio Gore Or. (2) ~ UG I 16-28 I E,2 I I I I lhoepson, Sleveo C. ~ I I , I 1 1 1 I Cadstus, Yark I Yarla ~ 281 bridge S1., Vail, Co. 81651 ~ IS886 Yaio Gare Dr, (3) . UG ~ 16-28 ~ E,3 I I I I I I Bret, A.D, - Otli ~ 164 Doud Or., Los Altos, Ca. 94822 5986 Maio Gare Dr, (4) I UG ~ 16-26 ~ E,4 I I I I I Hall, Palricia 1. ~ 1 I I 1 I I I Bernick, Richard J. 6 Carsren E. ~ 43S Yonaco, Denver, Co, BB228 5826 Maio bore Drive(2)I OH 1 11-14 ~ 8,2 I I Raulenstraus, Ronald C, 8 Willie .5498 1Vhile Place, Boulder, Ca, 88383 IS826 Main Gore Drive(1)1 OH 11-14.8,1 I I I I Sibley, J. Whitney III 6 Cade D. 12238 South Interlocker Drive 1SB26 Yaio Gore Drive(4)1 OH f 11-14.8,4 f Evergreen, Co. 89439 I I I I I I I I I Griffiths, Yvorre P. ! 3111 Cherryridge Rd., Erglerood, Ca, 89119 15926 Yair bore Drive(3)f OH 11-14 ~ 8,3 f I I I 1 I I I I f f finials 1 ~i 'i~ i; 1' ` t! Uail Undergroundina ----------------D---~--------------+----------------------------------------------~ -----------------------F--------+--------~-------t Pro err ~ Orner ~ Slreef .Service ~ H.C. Ilo1~ ; Orner I bddress ; Address ;type ; 1,D. 1 ;Block ; 1 1 ~ ~ ~ 1 ~ 1 ~ I I I ~ I 1 Krerorski, Jaees A, b Elirabeth G, ; 1328 W. Yinnehaha Pkry, Yinn., YN. 55419 ;5814 Yain Gare Dr. (1) ; 4H ~ B1-16 I D,1 ; I I ~ ~ I ~ 1 1 1 1 I Fleischhacker, K.R. I S38B lioga SI,, Dululh, YN, SS884 ;5814 Yaio Gare Dr, (2? ~ OH ~ 81-16 ; D,2 ; I I I I I I Conroy, J.S. ' ( , I 1 i , I I I 1 I I I Canniar, Japes D., Conroy, dames ; S3BS iioaa SI., Dululh, YH. SS884 ~SB14 Yain Gore Dr, (3) ; ON ~ B)-19 I D,3 Ctasulli, Oavid, Fleischhacker, K, j I I I I 1 1 i , 1 I I 1 1 Krerorski, Jaees A, t Eliiabelh 1?2B W, Yinnehaha Pkry., Yinn., YN. SS419 ;5614 Yain Gore Or. (4) ~ QH ; 81-16 ; D,4 ; I I I I I I I I I 1 ~ Hardin, Blanche E. ; Bor 2919, Vail, Co, 81658 5611 Yain Gore Or. (1) ~ ON ~ 82-BS ~ A',1 ; I I I 1 1 I , I I I 1 Clark, Stephen J 1 Bor 2865, Vail, Co, 81658 ~SB11 Yain bore Dr, (2) ~ OH ~ 82-65 ~ A,2 ; S j , I I I I I Neeley, Jackie R. ' } I I I I 1 , I 1 1 I I 1 1 i Nen?ietla, Pefer N, I Donald R. 6ciser ;Sfl11 Yain Gore Dr, (3) ; OH ; 62-Bi ; A,3 ; 1 .1518 E. Layton Ave., Englerood, Co. 86118 ; ~ ; ; I I I I I I I I I I 1 1 ~ ?o~linson, Warren L 8 Linda J. ; 1142 Blake 5t., Oenver, Co. 88261 ;5811 Yain Gare Dr. (4) I OH ~ 82-BS ; A,4 ; I I I I I I 1 I I I 1 1 I 1 1 I I I I I ! ; 1 ; ;iaials I i i f I 1 i Vail Undergrounding Property 1 Orner ~ Slreel (Service I H.C. Ilot~ j Orner 1 Address I Address 11Ype ~ I,D, t (Block ~ ~ I I I I ~ I 1 I I Rechier, Saruel R, {Bonnie Jo 1198fi Decatur Dr., Louisville, KY 48218 4981 Juniper lane I L I 116,84 ~ I I I I ~ I I I I I Buller, John R. 1 turtle Rock Ct,, Belvedere liburan, Ca,148S1 Juniper lane 1 R 1 S6~Sl IL8,B4 Yosien, Katherine ~ 1 1 1 1 ~ 1 1 1 ~ I 1 I ' Benson, Nana L 1 21`,89 Cabrini Blud, Golden, Co, 88481 ~ 14851 Juniper lane I R I S61S1 I18,B4 i , I 1 ~ 1 ~ 1 ~ 1 I I Schoen, William J, 1 1BB Adriralty Parade, Naples, FI. 33948 14816 Juniper Lane I l 1 Il1,BS I ~ ~ 1 I I 1 I I I I Cofsk~, Roberl A 1 828 Neponsei Sl,, Nonood, YA 82862 14969 Yeadar lane 1 L 1 1111,85 I I I I ~ I I I 1 1 ~ i Boraen, Bjorn K, 1 398 Franklin St., Denver, Co, 88218 14916 Juniper lane I L 1 Il4,BS I I I 1 1 i I I I I 1 i Borgen, Bjorn K, 1 398 Franklin Sl., Oenver, Ca, 68218 1493b Juniper lane 1 l 1 It6,BS _ I 1 I I I i I I I ~ I louthan, Roberl B, 8 Ann 8. ~ 1 Boy 2868, Uail, Co, 81658 14966 Juniper lane~A) 1 R I S816B 118,85 I I I I I ~ I ~ 1 I labift, W, Charles Waller 1 315 13u~boldl Si., DenYEI, Co, 88218 14466 Juniper lane(B) 1 R 1 58168 118,85 1 I I I I I I I I 1 Braddock, Ronald P. 1 111 Slanberg Ridge, Ft, ihaaas, KY 41815 14856 Yeador lane 1 l 1 1112,81 I I I I I I I I I I I I ! Forreigli, Donald 0, 1 % Duane F, Rogers, 4882 Yeador lane 14816 Yeador lane 1 l 1 IL8,B1 1 Vail, Co, 81651 ' 1 I I I I I I I 1 I I I I 1 ' Nuril, George Caleb 1 Boz 3281, Vail, Ca. 81658 !4918 Yeador lane 1 L I 1118,81 I I I I I I I I I I Leary, Daniel J, 8 Lori Jean 1 4861 Bighorn Rd., Uail, Co, 81651 14998 Yeadar Drive 1 L 1 IL19,B1 I 1 I I I I I 1 I I Rogers, Duanne 1 4882 Yeador lane, Vail, Co. 81651 14812 Yeador lane I l I 111,81 I I I I I I 1 1 1 I Friedrtao, Keoneih 0, 8 Heidi B, 1 BoK 613, Vail, Co. 81658 14162 Meador Drive. 1 l 1 I13,B1 i 1 1 1 1 1 ,I Yoncriei, Ernest ~ 18 Wandering Rill, Irvine, Ca, 92115 14186 Yeador Drive 1 l 1 114,81 r L. 1 r 4 i Vail Undergrauoding -----------------------------------~----------------------------------------------F-----------------------~--------~--------r-------t Property 1 Oroer I Street (Service 1 H,C. I1o11 Orner Address ~ Address Hype 1 I,O.IIBIock I I I Hull, Kenneth I X Dian Brorn, 4358 Spyglass C1,, 1 1 1 I 1 I Wichita, KS 61226 15141 Gore Circle 1 B ~ 35 1114,83 1 I I I I I I Waldron, Philip K, 1 21S Church SI,, N, Wales, Pa, 19454 15146 Gore Circle 1 L 1 IL3,B2 1 I I I I ~ I Slreich, Frederick C !Janet G. 1 6388 Charringlon Dr,, Enalerood, Co, 88111 ISBfiI Yain Gore Dr, 1 L ! I12,B1 1 I I I 1 Streich, Frederick C 8 Janet G, .6388 Charrinalorl Dr., Englerood, Co. BB111 15891 Yain Gore Drive 1 R 1 18 I13,B1 1 I Nicholls, Jeffrey 1 29258 Yannus Baoch Rd,, Vail, Co. 81651 IS181 Yaio Gare Drive 1 l 1 114,81 1 1 I Marlin, J, Landis 1 1999 Braadray, Ste 4888, Deaver, Co. 88282 15121 Yaio Gore Drive 1 R 1 19 ILc,B1 1 I Arthur, Gary 14238 S, Bellaire Cr,, Engleraad, Co. BB11B ISB21 Yaio Gore Drive 1 R I Il1A,B1A1 I I I I I I I Hoee Security Ins, Co, 1 Box 421, Pauls Valley, OK 1)815 15136 Yaio Gore Drive 1 N 1 44 112,82 I I I I I I I I I Hopkins, Thomas H, t Pa~ela W, .281 Gore Creek Dr,, Vail, Co, 81651 ISBBB Gore Circle 1 B 1 l6 111,63 1 I I I I I I I Gordan, Brian E, 1 1212 NW 12th St., Andrers, TX )9114 14991 Juniper Lane 1 B 63 I11,B4 1 I I I I I 1 I I I Ptasnik, Michael J, 8 Joy 1 X Spencer i, Dennison, 1188 lincaln, 14911 Juniper Lane (E) 1 B 1 42141 ;12,84 1 1 Suite 4188, Denver, Co, SB2B3 1 l 1 1 1 I I I I I I I Gold, Fred 8 Jundilh B. 1 4911 Juniper lane, Vail, Co, 81651 14911 Juniper lane(W~ 1 B 1 42141 112,84 1 I I I I I I I I I Scic Inc, 1 818 Corporate Ave., Lamar, Ca. 81852 14951 Juniper lane(1) 1 B 1 15149 113,64 1 I I I I I I I I Vucich, Thomas C, 8 Karen A. I Bar 981, Vail, Co, 81658 14951 Juniper lane(2) I B 1 15149 113,84 1 ~ REC'0 JAN 7 199 LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION PETER COSG RIFF V~+IL NATIONAL BANK BUILDING IN LEADVILLE~ JOHN W. DUNN SUITE 300 COSGRIFF, DUNN & BERRY ARTHUR A.ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST P. O. BOx II TIMOTHY H. BERRY ALLEN C. CH RISTENSEN VAIL,COLORADO 81657 LEADVILLE,COLORADO 80461 (719) 486-1885 LAWRENCE P. HARTLAUB TELEPHONE (303) 476-7552 TELECOPIER~ (3 031 476-476 5 6 January 1992 Town Council Town of Vail 75 South Frontage Road West Vail CO 81658 Re: Proposed Local Underground District No. 1 Members of the Council: Mr. Landis Martin and Mr. James Schink are owners of property within Bighorn Subdivision Fifth Addition, some of whose lots are inc~uded in the proposed Local Underground District No. 1, which is to be considered by the Town Council on the 7th of January. Mr. Martin and Mr. Schink will be out of the area on the 7th of January, and they have asked that we communicate to the Town of Vail both their strong approval of the proposed district and their conviction that the proposed district is an appropriate way to resolve a recognized problem. The actual lots owned by Mr. Martin and Mr. Schink are not among those identified as those to be included within the District, but the problem to be resolved by the District is of great importance to both of~these individuals and to their families. East Vail may be that area of Vail where the scenery in direct view of the residents and visitors is most truly the alpine surroundings which attract people to the Colorado Rockies. With residential development, there must come construction which, while necessary for that development, detracts from the natural quality of an area. Roads and dwellings are examples. Overhead utility lines are not such an example. Utility lines are necessary, of course, but it is neither necessary cr logical that they be located overhead, a detraction from the beauty of an area. Although it is unfortunate that the original development of at least a portion of East Vail did not recognize the effect of overhead power lines on the scenic quality of the area, the Town of Vail and residents of the area have recognized the problem and identified a solution. In addition to the aesthetic considerations which support the creation of the proposed district, there are, of course, safety considerations which the Town has identified. The elimination of above-ground hazards in an area frequented by what would normally be called zdverse weather conditions is a justification for the proposed project which reaches beyond what~may be a subjective opinion related to the enjoyment and appreciation of the environment. The presence of overhead electrical lines presents THE PROFESSIONAL CORPORATION IS DUNN 6 ABPLANALP, P.C.IN VAIL. the possibility of injury or death to those working or playing around those lines. Although workers are expected to be knowledgeable regarding the hazards of overhead electrical lines, children are less likely to have such knowledge and are vulnerable to such hazards without any appreciation of their existence. The Town of Vail, through the proposed Local Underground District No. 1, has the opportunity to resolve the problem which has been identified in a manner which is both logical and fair. Those residents who are able to pay their share of the project immediately may do so. Those who prefer not to pay their share immediately may defer their payment on a reasonable basis. The - neighborhood as a whole will benefit, and whether the owners chose immediate or deferred payment, there can be little doubt that the values of all properties will improve as a result of the removal of the overhead utility facilities. Few significant proposals which are brought before this Council will meet with unanimous support, particularly proposals which involve a financial commitment on the part of the Town or its residents. In the end, this Council must decide whether the proposal before it is a fair and logical solution to a problem worthy of the Town's attention. The motivation to bring the problem before the Town and the work which has gone into developing a solution gives some indication that there is,a problem worthy of attention. There is no mechanism by which individual residents may resolve the problem, and therefore the problem must be resolved, if it is to be resolved, by the Town of Vail. The lack of any better solution is a powerful argument that the solution proposed is the logical method of resolving the problem. Based upon these facts, it is apparent that the proposed Iocal improvement district merits approval and implementation by the Town Council. Mr. Martin and Mr. Schink urge the Town Council to approve the proposed Local Underground District No. 1, in order that the neighborhood affected may benefit in the same manner as the rest of the Town of Vail from a protection and an appreciation of the quality of views which may be enjoyed from our community. As indicated earlier, the problems to be resolved by the proposed district are of importance to Mr. Martin and Mr. Schink. In order to effectively express their commitment to this project, both are willing to have their lots included in the proposed district, despite the fact that their lots have no overhead utilities whose undergrounding is necessary. They hope that this expression of commitment will emphasize the importance of the project to residents of the area in which the roposed d' ~l ~ i~ L ocated. ery truly our , COSGRIFF, N & AB Arthur A. Abplan , Jr. AAAJr Poet-[t" brand fax transmittal memo 767'1 l t o~ p~ ? ~p J q ~ 2 'tgg2 ~ 'TXIW~ C~NNGI F,vm Zy ~ L~OW~Ii Co. Co. Oepi. Phone it 5047 Main Gore Drive 2 January 3992.~F~u Vail, Colorados1fi57 y'7~-Z!S'~ y7~ ool near Neighbors; . • Last week you"should have received au. official .notice from the Tawu. of Vail describing therr arb~.trary. decision .to install underground ' utilities in our neighborhood in East Vail. (Resolution Humber ~3, >~eries of 1991) . A public hear3ssg oa the matter has been set for Tuesday, 7 January 1992 at 7:30 pm in the council chambers. t straggly urge you to attend, as if the '1'nwn is authorized to ga ahead with the project, it will cast more than $3,000 aez lot, and a summer of havzng your yard tarn up. . I am strongly against the proposal, gad with thQ assistance;of counsel will speak against it far the follaHa.ag reasans:~ ~ {1} The Town Council cleverly didn't iaclude all the lots in the subdivision, only our lots which are the ones they intend to trench. Therefore rzot only da we have to ta.lerate trenches across .aur property, we have to pay for the whole prv7ect, even though everyone in the subdivision, (according letter attached to the Resolution) "beaefits" from underground lines. Note the ~.ttached map indicating the selective and therefr5re probably unlawful use of aur i ots . (2) As I walk around aur neighborhood, Y note there are three streets where two small wises are unobtrusively strung from widely separated palls. Do we,really need to spend $370,000 probaibly plus overruns, plus interesi., to bury these inconsequential wires? Give me a break: the proposal ~.s absurd. {3) I am extremely tired of continuous construction in aur neighborhood. since we~are about out of lets an wh~.eh tb build, it would be really nice to have a quiet, clean, pleasant summer far a change. If the proposal passes, we will have to tolerate another noisy, dirty, very unpleasant summer with the streets and aur iQts torn up for an unnecessary project. I {4) In my opinion, the proposal smells of special interests, and • I am nvt grilling to pay for Such circumstances. Let us band together at the council meeting on the '7th (or by letter to ,the council) to be sure this proposal does not pass. Please feel free to call me at 476--2701. Sincerely, ~ • Jeff Bowen ~ . cc: Town Council, R. Gregory Stutz, esq. ~j~~CU.rxd, 1.3.9Y d: d5~~li- - - - - - ~t. - - - - . I (1/I///~))~~~ /~/////I - - _ a. V-~~- - - T._~_.-~ _ - - ~ - - - - . ~ ~ - - - _ - ~ - - ~ - ~ 9 - - - - - ~ - - i-- - - - - - _ - . - - - - I; (Ij ~ / E il~ ~ • - - - - - - - -l - - - - U-~a - - ~I' _ _ _ ~ I i _ _ - _ ~ _ _ - _ - - . . - _ _ - _ _ c. - ~ - - - - - - - -.~1 ~6-/~6~ ~ ~ - - - - - - - - - - . - _ ~ _ ~ ~ , ~~--yid iZ8 7 ~ 1~ ~ - t ~ _ • ~tiCU.tkd~ ~ •3- 9 ~ OO Plu Town Council January 3, 1992 Vail, Colorado As a result of a prior business commitment I am unable to attend the January 7, 1992 public hearing dealing with the improvement district known as Local Underground District No. 1. please enter my obiection to the formation of such a district into your record. My objection is based upon the following: 1. There is no need for underground electrical service to the area. We are currently well served by a system that is installed and paid for. The existing service is suited for expansion if needed. Much of the area has trees which make the existing service lines and poles unobtrusive. 2. The burden of cost for unneeded changes in the service lines and service entrance equipment is unfair to property owners. Little improvement if any would result. Why should we be asked to pay thousands of dollars with little or no value added. 3. Construction activity of the nature proposed will create new scars on the affected properties and easements. In some cases dirt is not the only material that must be trenched or cut through. Asphalt, concrete, stone and other functional or aesthetic materials will be torn out to accomodate the proposed lines. Those areas disturbed can never be restored to "match" the undisturbed areas. 4. There has been no written explanation or communication concerning the apparently arbitrary method by which the selection of the properties included in the proposed district was made. No formal notification or information concerning this matter has reached me. My property is included but some of my neighbors are not. Why? Council Members and Property Owners should be spending time, efforts and dollars on issues and projects that provide a "bang for the buck". Clearly the proposed Improvement District No. 1 does not qualify. Samuel R. Rechter 4917 Juiper Lane Vail, CO 81657 cc: Ronald Phillips, Town Manager Pamela Brandmeyer, Town Clerk KREZ-CO TEL No.612-822-7656 Jan. 6,92 19 03 P.01 • • e sarrr~; A, tcw~~~ar~,~;I r'Ax r.~.zzA~,, rI c. xlrl;zola~I t/6/9% JAr.rr.~, r, c.t)t.lJ~()Y 5C14. rdATN C1C)]iT; ])}t3.U7s VA.l.7 Ct'l. rl1J~k1, ll']'Y].l'!'Y. U;JI)I~3tC~.()UJ•:1! JJI.•1TirICT w' 1 U1!,71., GU, 41c ar. 4 dW11t'.7": of` I.,ot J,' ~ Lit 5C?'(4 Mb.4T1 (io:t'8 Itx~ vc lt? ,t Vs~.l, 41c p~~c: uL~c{.b1.E to attcrlc, 'brle m~Ftin~ c7aterl Jan. r!~ 1~:9~. l~Jc do ;j~[)~1(1Y'~V 'vouT~ }"~2'oF.IU.Ei~. 9•.a h112'.v thf; r,7.ec:tria w:Jrc„ i,rl~t~yr'e ncVr stre,3;c;hil~~• a~:~•a~;~, t}lc roads} arAC3 of ~ex'inr* ~ ~,o~c~r~tir>_1 71a~r,~rd plu;~ An un,_3. f*r~3;.ly vices 'Gr'lA 071Y].T`Uri,nU2'1'1,? 1•Jc.: c]o 1-:e.nlc tho t~roX:o:;a1 to put 'Lh~: wi.x'es uncterr~roarul. TYlatltc vou. m~:,, A. 7Cs~~,zow;3ki Fa.:i~abcil', G. Kre~ow~:k~i ' ~7r'~.1. ~/t~.' amC3, GUYIT'b y; 01~0~i92 09:15 TECHNO-THERM 303-665-2221 P. 01 LAVJR~hJG~ D. LAY~O®. M.p.. P.Q. sODtl W1Y7 rltltNtiCg /1V6NlJfi BNGLSWaOD~ GQ1.0l1ADQ l10t t1 Ye~arNaHS 909 - 770.4050 ~~f ~ , *t~~`~i f ~ JAN-06-'92 MON 17:23 ID:HSE & CO TEL N0:312i443-7225 #934 P~1 RECD JA N 3 9992 January 6, 1991 Town of Vail 75 Nouth Fromtage Road Vail. Colorado 81-657 Dean Counoil ~dsmbera~ I+m xriting is response to the aotioe from the Town of 9ai1 regarding the proposal to inst8t11 andergrvund utilities in our peighborhood sad the method of p~tyit~g for it. Appraal.mately one year ago I reluctantly ansxared positive to a telephone survey~on this eub~dot,vhen i was told it xouid only coat aaoh tsapayer X500 sad all properties t~ithin the di$triat xould share equallq. x•m one o!' S1 households that has $iready paiQ the prioe to have LlndergrQUnd asrviae s'rom the poet to our houaehald. Now Yam told that it x311 seat me at least ~3,08d and the diatriat is very seleotive. Aauarding to the map that ++ea seat to me, the 3 lute {late 1,2, and 3) aaroas Pram me (i~ot 9 - g995 Junipor) end tbs lot (Lot 8} tv the west of ms are sot inoludsd in the diatriot, yet they share in the new sathetiaally pleasing aeighbarhood beoauae the post and wires on the corner or Juniper Lane egad Main Grove britre will hefts beeri removed. This is absurd. Aaoording to dreg Hail, b1 of the 72 harass in the diatriot already have uadergraupd servioe from ttll~ past tq their homes. Yet, I'm paying the name prio+d as the other 11 xhp nave not borne the oust of already canning asrviae to their homes, absolutely ridiaulauai Because of the absurd nature of this prapa~sai, I'm vompletely aaainat it. If at some Future date, the aounoii beoomAS reasonable and looks at all hvnsehalda in the neighborhood and the separation of ooata aaoarding tv each individual lot and each la# balder paying his own charges to vaaasot, I it~.ll reoonaider my vote. S~.nae I oannot be at the open meeting, T aauld lt.ke my letter tv ba read or a oopy a! it given to eaeryone present. Very trnip yogr erase F, Frein X1995 Janiper Lase Vail, Calorado sot Vaii frail sot Jeff Bawen i JA 1~ ? 1992 ~i TOWN OF VAIL 75 Sozsth Frontage Road ~ Office of the Town Manager Vail, Colorado 81657 303-479-2105/FAX 303-479-2157 December 19, 1991 Jor~ & Barbara Dicus 4899 Meadow Drive Vail, Co. 81657 Dear Mr. & Mrs. Dicus: On December 3, 1991, the Vail Town Council passed Resolution No. 23, Series of 1991; establishing the date of a public hearing in regard to the Council's intent to establish "Utility Underground District No. 1." Enclosed is the official public notice setting forth the date of the hearing for 7:30 p.m. on January 7, 1992, in the Vail Town Council Chambers, and containing other important information concerning the formation of this district. Your property is located within the proposed district as set forth in the resolution. In order to accomplish the undergrounding of all overhead utility facilities, the cost associated with undergrounding the secondary electrical system components must be borne by the property owner. The Town wishes to form a local improvement district to fairly allocate the costs associated with the district among the property owners being benefitted. It is important that you carefully read the enclosed notice and that you appear at the hearing to express yosr opinion relating to the district and to obtain information concerning the district. Si'ce Iy, ~ Rondall V. Phillips ~ Town Manager RVP/dd ~ . Enclosure d I S- 1 5~ a ~ 1 RECD JAN 7 1992 January 7, 1992 Mr. Rondall V. Phillips 75 South Frontage Road Vail, CO 81657 Re: Utility Underground District No. 1 Subject Property: Lot 2, Block 6, Bighorn 5th Addition aka 4840 Meadow Lane, Vail, Colorado Dear Mr. Phillips: . It is my understanding that there will be a substantial cost levied upon the property owners regarding the above. My utility cables were placed underground during the initial construction of my home. If in fact my electrical connection is wired via a transformer located on the utility pole I am willing to pay the costs thereof to install a pod to house the aforesaid mentioned. Therefore, I hereby object to the full assessment which may or may not be levied against my property. Very truly yours, %~-\-~T Todd M. Keleske 4840 Meadow Lane Vail, CO 81657 f .TAN- 7-92 TIDE 16 1 4 P 01 tii 1::::::!!!!!!tltiii;;!;!!;!l;l!~rll!!111;;11; 1. ill:.....:illiiiliiilllliiiliiiiii i iiii ii iiiii:~~ :ii Ill'. :ii iiij(lllijiiiiiiiiiiii~ ;1111117.: i! ~1• • .1.:.7........., CD JA 111 ii 111111 ily~: 111! ~ A' ~ J Iv i~ 1. ii ii 111 `1111:1 199iC• ..111 i!•i:i i~l~~jl I ' 111:1. 11 ...11111111 i.::.:.. "•i~i 11111 ii %i ~!11111l1` .11 .1 .1 r ri : iiiniil{111H 1 iii t 1 , j1 1 1:tt:~: 1'11 :1 :111111:. ~ ':1 t: 1:1 111111 1111711 11. , ~li .It ll •1• :II1111!11!711 `.1:':i!!i!;i!.~i '1 1 ......:1:~° :'~ti3'rC70.7Fi1~I . .i;. ..1 ~ ::iii fli:iii;ii;ilttlt lit 1111111111111i;ilillllffiti;i;i::::ifli"'1;;;;i;: ....:::::i:'•::::.... : • • ;::.:1111111; •1 ::1•rr111;isij`:;;71;:111;:i }11:1:111!! 11111::!1:.:::11. •1:r•• r1 1.. 1'111 ;;i!il~jjl~~11111j1i1j1~ 7itlfi{tlll 1• .11• :I I: :ii: ; •;11:1... 111 1111 i1n1 lll'hl 1 Ill nl !!Il j~li„! 1. 1. .:i.:.: :ri' I :111;1::1 iiii ,!Ilj l•:::...::;1:1!1::. .?:i:! • fil ?;iii' ii? iii 'i.i•i: iii: .,iii; ; ..t ;1. 1.~. 1• ii i li ii ~ 'Ili %ii% , 1111 .lujiljlff{fii lj!iji~i(i!I!lljyjljlil::l: ..Iii 1;111: 1 tli .:t7,. ii l; 1,17;1111 ig.::i ij ii 11'11 :17:1 iiii ii ii' iii;;: iii 11:1 ISI 1111 :1 :1 !1111 1.1• t 1 '1 •~:::M:'ll: 1 rr r1111r lilt r::rr111 : ii ii 1111;1 i,....... ~f~: " llrl;lltlli rtllninl nn17 `11' • ii, ill; iii li ii i~Ij H tI i •I :1 11r ~ ...:.i:i 1ii~:;i::::1. . ~~~!....1I11iiEllS###iiijijlll!iiiiiiiiljj{tl::1 :jj~ .1. •1::!„1 .111 ;i~~:tiif;;ltt .1 111'5 iii it: .."iii!!!..! li 11!!!liiii!:ti;iiii:•iiijjiii :ii1 . i1i111ii:i:i:;1 . : iii . .......::.::::.:::::::::::::::.•i • II {1111; ii fili{1111 ii1~Y.l!.. 71'111 'i' ~ . i ..c i:. '111111 1 11111111111R1~' 1~Il i.\1•13~r•: .;M ~t~G ~~i%.i •i• iii . ..::...::..ft1111 ::.:.:...:....:1t. 711 .:n:111un:: :;:i n1v.11 11111E 1. x11:11111;::1 t: . ...1. Sly: i1: 11111111i111Stii:tiiii~i;~~i` ;i: :i~~; ;1' i.......... .r : .1f........;;::::::t111E E: !rl c,,,l.{!1~1 1 ~•y t~j}~~j; . ~ ~ .'{;1r''Ti r1; '!L~~'~~''!'T :1:t: X11;1 1 . .,1..11.11,..,.11:1... 1 . a v:..:luuul~aii,nlle!lurlrlrnnrclllllrr.,r....Ir1 1.,: ..1 .1... .i i'. ~:i l~l 11 lt. :11:111x1 l r::.lltliiiliif 1f;lilii11111r11iti;lil:11111,• :11....1111.. ' r...1... 1 ' :::1 ~:1• . 1.... 1111. i.. ll.. ;i' iiii i ~ ~ 6•' •.::1i :i;illniif J!j il!lilllll~il'~11~~~~~~ ~~~~1>~ ,11 : ..11 1:: i'iii~ :,':;ul ~~1i iiii 1 ~ii;'~':;;, ; ii!;;!,: i 1111 i. 111 1~i 11:111 i1 1 '111 :iiii 111 !!!!!~!!1~n111•uu1~,1rt ~ li!~! '>:Y~':(p k!3 It ..11•..1. t!~ . !~;i!!::fitifiiiiijiiiii(~~i!ri!I I iii 1.. ~ ' . 1 7 to your meeti`~q „Lhi~• ~v~it91~.1kZt~(,, .iiii! i!l ll iiij}I ji ~ jji l~l~;}i; rs~i!i~~:`?,a :!`:.:m. ih )la.t L:C flC $r'ift fl it tb un@ 1 l1• 11111!,i11171!l11 61.11...., ii1.i~ ~,~7~t,,:y; y,:. ~ ~ ~x~~a~.>•,~:~r~.~ A~1: 1l~. ~ii'i;;;l :1: 1;:i11}jli~rlviF;~~C..IaSYIt Siira~a~ .i:ii` `~Y7t'B •~ir~ t~torn Subdivision i>~• ~c~l~~ ~.8~ 1 . . . 1 ....1......1:: is :j;~ i, .......1..1...iii11;11.x,1i 11 11....1111,1..,. . • ~trii: , I ~ii>iiiiii;issiiiiii~'ij1F~Di'1P11ii~;ri~3'~"fl~•i~~j~!~~i~Ctt ~~i' • ii iiijiiiill~liiiiiiii '~il~ Fiol'Yt ~k}'1 Add! k ii:3i~. ~3~dYF'P3 1ad>:!s1~~ t~t•1'~l4'.::'~ ~l :1•:1 r r i Ir' ~Iill ii iiii+iiii i~~s~i.i~#>~,~~:~~':1~~'~tr>k~'i:~~!~i~~hrbd i n vp ~ryp~ t.3~~ ~ ~ of (~j{~~;ji{ :11111 i~y1; i;~i'}~ ~~I ' '~il>ii.$'~ ~IiJE~• ~ritX:..1.. . . all ~~~•s~~ri~sT hau~~kee er snd :~~e~l. 'ih~~ !1l:1::..1:17illllttt1111111171tit .:ll il,~~l.i"~.t Ir 11;;1... ~1' • .C' ~•~~~K •.177;:: 7:f 1 .al}n l,i 17!177 :f :!tl ll , 1 ~ 'i:i .i,i;l:~f~y fit'!';!i~~%"`~`~>~~}~t~'d ~•f?ftE,:yil::~~ ~ ~~~su]rt ~lnce only ot~e~ ling wi•11 h~~'~ tc~:.... ,r ~ !liliiiii . 'iiii+elll;;;''•'.iith[~Yf?~W~("!•Viliii?tfai'~Gk:'f:.~'Q,"~1;;i)'IIC~l11°P~~1o1 :ETA I CC~L'L'BCt? if ~4R ~ :TR~1CS~1,1•~ .'$1r11~: Q~`t;• ~R!`t.63ii:• '1i li :~li il,t l{'1.11111 'fi~l6f ~t l :i... ~ 11 :I 1111 11111/1111111111 ``~~,y,~~:I~Y'~~~9M ~'~MM'~;.: W.}Fi~t4. ~1`~.IPM h~: 1".~ airi~~ ~nC~ ~M~~ i ; i.:.: 111... is iiiill~~~~~~ii:ilili~~l~titi't~'ihtt~iWii~~~~~1~~:'~r!11 ~'?'.`•:~,'.~`i~:7t~ ILiC1C W1~tI t11Q ZS~9[l~'1a3T:'~'~':~x'::.~1`G.,.'~'1~;}T :~111~';; ;I :~I ..1: 11:1 :::::::1 . 1 1i ,1:11;!; ii....i;,i;::;;iiili:;:;•i;:1. 11..::::...,, ~~:,luat1rJ111uunli u:::lul; ai iii: , r :,111 r :iii:ii;illllllllif lfilllllli~l~ ~I •1 ill ••1••" •l ii ii;:; ~:i:..:i :1!~'• ~I::ilii!iiiiliiiil ~Y~lN~ {~y~yq~~ , j ii li ii ii ii ir:: ti: " ttr 7 1 .;...111... ~ 1 .1.f,,,ll ff 111 I17r11S !~~ijf "~~W '~'~`i i•'i ii •i i..• .l 111111...; •111... r.rrlr 11yl,rr!re11r1111117 1 111 f 1 1 1. i•:1111111.iiiilii r . 'i i::1 •1 •r ~:1:::i;if:;i 7i if il:: ii .:i: ii ii ;:li ii:: '1 ii• r ,•1r . ii ii ii {i'ii" 11 1i'i i1 ~ ..:i 11111..1:::1..7. rtttt'ii~' ::::1,11 ~ 1:....~' ti~i 7'.117: jt.xl' 11111;: 1: 1.. ......1...1771:....: lr! .,1 111; 1•••r 11 •i ':::rll1;!{N111111:lllllll111i~3.:.... !..;;t°t'I"'°j'i'!•"'"p.r ~:11'. :!711111 1711 71111111177117 I tl, tl r{~{J',,~~t&:~t!tt 7: I: 1111 .1 fi;;~1!:. :1 ~:;i,.;~.. lei' .1 1 ii,. iir 1111111 iii ii ~S ii r'TtY ;,r~«+~;i ~ iii. •Itlilil;ili;~~~l~i .i 111 1711,. ~,1;i:!I: 'ii• 11 iEli~ll<liii !!iiii :i; 1:' i~ .rr 11:•1:1 1 .ill. '1'ti° :ii111Y•~'~~~,I••11~j •ifT .1..1... 11..:. jj1J ;tla 1111 it ii'• E117It t:'i ~!rl lllt~lU; ;1 ' 119. ~liillfl1111111f11111 111::,,,:7111 •li:' ~ ia1,1:. i 1.1x11 rr li ll rl iii 1 l1~ iiiiiltie'1t,l;i:iiii~i~, 1111111. 11 !ii: .i• t.l. ,~i:t;i!!!!;!!!!t:l!Il:iiiii 11111::: ;ii:: ' 1.:... :::•1.1::::11: .1.1... 1.1 i..... 11:. 1::Eii11111,rr1:::: '.i ii ii iiliin n n n71111111117171 1 1. :.r:::. r. is 1 111. :1:11: .I :!li iii :117" ~1i1{.1! +711 ..1. :i: :it: ...1...:.1.11111.; .1 ' . u : : u v n will ll: ;n rt n n :7: :117.. ii ,iiii .1 7 iii 7r ;i: - ! 11 :t; .1!: .j . i :iii !i In• 'ii . 1:•• iii :!i!i i. iii S;' %1 'i. 1 Ili!. . lllij .l. :1111: iii iii ~ .......11111 11 ;~~1.. 1.. 7t fit Ill:l• '1::1;:11 ~~7. :I. .l. ii 'l l' ii iiiiljlljl n n n ti n n r u 1i•, u n li. i lip 'iiii ~ ' 1 1111 , .1 1 .1.. r.~.1i 1!Ili!.~:iii ;!;111:~'.jjjjjjliliill'•1!lijlllll!j'j!ll! ~Ij~ ?i~i~l... .1 111... 111 • . .1 .....1. . 1111 •171111 j; ii 111{1 1111 iiii ii ii ii it ii ii iiij 11111. ..ii 11 .11111 i1 117, is ii ii 11111111'1' ji'% 1. 1..1 i .1i 1111 ii1 r1 11.:.. 1111:iiilli!~ !111 r.. •i1 7• •:11111:1::1:' ~1.. ~1 r:• ll tl! r•l iiii 1.1. l.,i ::li if li is l.. ::i ...•::ii;: '1• ::1111111 Itl ~11 U 11 It rr I7 " :1:1::111111' I:• .111 .1 ..1 ..,:1:;:1111!! !Il ~l: 11!1111 .tin :111 i' i 11 I 117!... i, I r rl• .1......,111. . 1:1. .:..::1.. 1. fi. ii r i • ;111' jll~liiil?itiflli iii[iiijilii ~ ~li:. •i1` .1 .:iEiii .1,....•r.rlrr 1 r,r111,11x 1'. ,r r ;;:..11riiE;;'iii .1r::' :1' 1 I 1,1111;!11111 " 1l r; ,l iEilii. •••111 is ':1.1,••• 1 1; 7•t 1'•1111 lNilill ll 111 'rir117. ii ii " ii 11!111 ll ii' i°• •••lii• :1i•i•••: " i•••::, .....1. I7ti i :%11.111 :1x1;1 i}li ii 111111 n n n 1 . Inn u1. n.1 .luau. 1rlnunnn 7 •1 Ir17 ;;!li!!:!!u1x .111111:.111 11. 111. •i~ ~i ii ii iii iii1111111~1jijiji~lllijiiiiiliii?11111! .ilia ' ,1i 111 iiii ~1 :711;1;;1.1. 111 ,1. 1. .l: ..11. 11. .1.111 I.l 1111 l• 111 11111 ' ii lljl i'1i .I11~:1:~; 11::1 .11. . iii iii Elr121i7!!j is i!ii iiiiiiiili :::i iiii " ;iii 1.: .i ji1 li ii lii~{j ll ii ii iif!Il 1711 i{::ii iiii jl .ii: !ii. .1 1• 111 . 111 i{ •177 :1111 !:I: Ii~:t.' .i. iii it :iii ii 111 .1..... 1.. ...1.... :1111 li ill: :1111; :1' :(i .....;11, 1 .11..:1: 1. . ..;::;.i:; 1.1 1;11••1!1111 Ill! 11 •1 777 ;1~1.. li ii iiii i; 111!!1111: i:: ~~li; is ii :i.. i i li ii ii if 1 77 :1nnu11 11 11 11 11 11 7t.1J 111111nL11 a 117111 nllr ••.11. •:1 i" ' . •11111 i iiiiii:ii ii ii iii ...1111..•.. .,x 1 ...r.1 n 1•: a 11Ir a 1111!11 01/07/92 16:02 '8`1 812 984 2097 MVYE TA% DEPT 57 [~j 001 ~~C'D J A N 7 1992 M+CDE$I~tOTT, WILY, b'C EME13Y q pARTNER$HIP INCLUDING PROFE5910NAL GORPbRAT10Nfi 1301 DOVE STREET 79 97ATE STREET Z 2 7 WEST M O N R Q E STREET NEwFOar aeAeH. tAUI'ORN1A o2sso BOSTON. MASSACIiVSETfS Q2108 714/651-0fi33 enraaa-SOGO ~H1CAG0. ILLINOIS 6060~•g0~6 1211 AY6}1llE Of THE AKERIGA$ ZOP9 CENTURY PARK EAST 31213 T i• P 0 0 0 ryEW YpRK, NEW YORK IL1035 LQ$ ANGELE.^i. CALIFORPIIA BOO6T ~ CI21168.7400 YJ:!l277titi10 CLILNT1ATTbHNEY RECCf• TION • 4ATI.1 RLOOR 1850 K STREET. N.W. EOM 9011TH 815CAYN6 [;OULEVARD MgILJME99CNGER RECC?TIQN • 31ST FLOOR WAyKINC~TON, O.G2000d MIAMI, FLQRIDA 33131 ZOi1887'8000' 3D513~8.35QQ FACSIMILE .l IZl9 dd•Q097 TELEX 363865. P1007$ CABLE MILAN C. E. HUS$~YSL 31EtB8a~751o January 6, 192 Va i 1 ~or~m Counci 1 Vail, Colorado Gentlemen: RE: Power~Line Pra~eCt ~ East Vail As the owner of a home at X116 Main Gore Drive in East Vail, I would like to register my support for the removal of the power line in East Vail and the cost associated therewith. I base my support on the improved aesthetics for the E$St Vail area. SinCerelg, c_~_~~ C. 8. Hussey 2Y CEH:rrn:7601Yl100 808 P02 JAN 08 '92 09:09 _ : REC'Q JAN .$1992. ' a~oLOCroNCO~oc~ressocu~ '0()15 .F, 5uitc li0 1)erner. Cokltid0 >~l]z05 January 8 , 19 9 2 303 -3811-4N76 Vdil Town Council Vail, Colorado Fax ,~3Q3 479 2157 RE. East Vail Power Line Project ~iy1e M. Fink Block 7, Lot 9 4822 East Meadow bane East Vail, C~ Dear Sirs: I wish to give my support for the E2~tst Vail Power Line Project to bury the current underground power lines. I am aware of the cost that I will incur in supporting this project. Thus, I give my affirmative 'Vote far the East Vail Power Line Project. If you have any questions, please do not hesitate to call.me. s ir~cer y, yl ~'i M. D. I I REC'~ JA N g 1992 r : Town of Vail 1/7/92 Please accept this fax as my vote for approval for the plan to place utilities underground if a financing plaxi is part of the package. Ronald P. Braddock 48 5 2 Meadow Lane R~C'D JAN 1 0 1992 HE1fATOLOGY ONCOLOGY.4SSOCIATES K}~1e:11. Fink, H.D., P.C. 1005 Franklin Suite 150 Deneer. G~lorado HO105 January 8 , 1992 303.3&3.4876 Vail Town Council Vail, Colorado Fax #303 479 2157 RE: East Vail Power Line Project Kyle M. Fink Block 7, Lot 9 4822 East Meadow Lane East Vail, CO Dear Sirs: I wish to give my support for the East Vail Power Line . Project to bury the current underground power lines. I am aware of the cost that I will incur in supporting this project. Thus, I give my affirmative vote for the East Vail Power Line Project. If you have any questions, please do not hesitate to call me. Sincer y, yl Fi k, M.D. RESOLUTION NO. 1 SERIES 1992 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, in addition to any other means of full and timely notice, the statute provides that a local public body shall be deemed to have given full and timely notice if notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four (24) hours prior to the holding of the meeting; and WHEREAS, the statute further provides that the public place or places for posting of such Q notice shall be designated annually at the local body's first regular meeting of each calendar year; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice to the public as provided for in 24-6-402(1)(c), C.R.S., as amended. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of January, 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\RESOLU.1 PUBLIC NOTICE Please take notice that on January 7, 1992, at 7:30 p.m., in the Council Chambers of the Town of Vail Municipal Building at 75 S. Frontage Rd., Vail, Colorado, the Town of Vail shall hold a hearing to commence proceedings for the purpose of: 1. Identifying the future cable related comimunity needs and interests; 2. Reviewing the performance of Heritage Cablevision, Inc., the cable operator under the current Town of Vail franchise. Members of the public are invited to attend this meeting and give their comments relating to these issues to the Town Council of the Town of Vail. TOWN OF VAIL ~~=~~~~uz.t~~~~~,~..e~C,f~~ Pamela A. Brandmeyer Town Clerk To be published in THE VAIL TRAIL: December 27, 1991, and January 3, 1992 I I A PUBLIC NOTICE Please take notice that on January 7, 1992, at 7:30 p.m., in the Council Chambers of the Town of Vail Municipal Building at 75 S. Frontage Rd., Vail, Colorado, the Town of Vail shall hold a hearing to commence proceedings for the purpose of 1. Identifying the future cable related community needs and interests; 2. Reviewing the performance of Heritage Cablevision, Inc., the cable operator under the current Town of Vail franchise. Members of the public are invited to attend this meeting and give their comments relating to these issues to the Town Council of the Town of Vail. TOWN OF VAIL Pamela A. Brandmeyer Town Clerk MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 9, 1991 SUBJECT:. A request for a conditional use permit for an outdoor dining patio for the Gallery Building (Russell's Restaurant), located in the Commercial Core I zone district, 228 Bridge Street/a part of Lot A, Block 5, Vail Village First Filing. Applicant: Ron Riley/D.R.R., Inc. Planner: Mike Mollica I. DESCRIPTION OF THE PROPOSED USE The applicant is requesting approval of a conditional use permit to allow fora 173 sq. ft. outdoor dining deck at Russell's Restaurant, located in the Gallery Building in Vail Village. The Gallery Building is in the Commercial Core I zone district, which requires a conditional use permit to add an outdoor dining deck. The deck is proposed to be located along the west elevation of the Gallery Building, and would be located entirely upon public right-of-way. The applicant is proposing a "winter version" of the dining deck, as well as a "summer version." The winter dining deck would be permanent and would extend out 3'-9'fi" from the existing face of the building. This is the same distance that the two existing Town planters extend out from the face of the Gallery Building. The proposal calls fora "temporary" dining deck for the summer season. The summer dining deck would extend out a total of 6'-9" from the face of the building, or an additional 2'-11'fi" beyond the winter deck. At the tightest point, the summer deck would reduce the width of Bridge Street to approximately 13'-6". The summer deck would include a removable steel railing system, as well as a removable floor system for the deck. Both versions of the deck (winter and summer) would be contained within a 3'fi-foot high steel railing system. The floor system of the dining deck would be located at the same elevation as the existing floor of the interior of Russell's Restaurant. As it relates to the elevation of Bridge Street, the floor system would be located approximately 2 feet above the existing asphalt. Rekord doors would be added to the west elevation of the Gallery Building to provide access to the dining deck and to create a more open, airy feeling to the interior restaurant. The applicant has also proposed to wrap the summer deck with redwood flower boxes. Additionally, afree-standing bench would be added to the area at the southeast side of the covered bridge (to compensate for the removal of the bench on the west elevation of the Gallery Building). 1 Since the November 11, 1991 PEC worksession, the applicant has modified the proposal in the following manner; • The deck has been pulled back, from the entrance to the Gallery Building, by approximately 6-'0". A portion of the existing Town planter, which includes the Gallery Building's fire department water connection, would remain. (Please see attached site plans.) • The northwest corner of the deck would be angled more sharply to further reduce the decks intrusion into Bridge Street. • The floor area of the proposed dining deck has been reduced from 207 square feet, to 173 square feet. II. BACKGROUND On October 22, 1991, the Town Council (by a vote of b-0) unanimously approved Ron Riley's request to oroceed through the planning process for a conditional use permit. This initial approval was required because all of the proposed improvements for the outdoor dining deck for the Gallery Building would be located within the public right-of-way, and on Town of Vail property. Staff has measured some of the existing dimensions of the "usable right-of-way" along Bridge Street. The results are as follows: 1. Existing interior width of the Covered Bridge = 10 feet. 2. Existing width of Bridge Street between the Gallery Building (includes Town planters) and the pocket park = 16 feet. 3. Existing width of Bridge Street between the Covered Bridge Building steps and the Slifer Building steps = 27 feet. 4. Existing width of Bridge Street between Pepi's Bar and Restaurant entrance and the steps at the Gorsuch Building = 24 feet. 5. Existing width of Bridge Street between the Gorsuch dining deck and Pepi's dining deck = 21 feet: The PEC initially reviewed this request on November 11, 1991. This was a worksession and the draft minutes of the meeting are attached to this memorandum. 2 t III. RELATED POLICIES IN THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN, AND THE VAIL VILLAGE MASTER PLAN, There are no specific Vail Village Urban Design Guide Plan sub-area concepts which apply to this proposal. However, the Vail Village Design Considerations specifically addresses decks and patios as follows: "Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street--making a richer pedestrian experience than if those streets were empty. - A review of successful decks/patios in Vail reveals several common characteristics: - direct sunlight from 11:00-3:00 increases use by many days/year and protects from wind; - elevated 2 feet to give views into the pedestrian walk (and not the reverse); - physical separation from pedestrian walk of 3-5 feet (planter better than a wall); - overhang gives pedestrian scale shelter. Decks and patios should be sited and designed with due consideration to: - sun - views - wind - pedestrian activity" _ - Tyr ;;,~N' d,1.a G'?a~~ - ~ jug ~y I 1 ~n~ ~11~. ,;s X1,1 ~ . - r . The Vail Village Master Plan does not contain any specific sub-area concepts which directly relate to this proposal. However, the staff believes that the following goals and objectives, as stated in the Vail Village Master Plan, are relevant to this proposal: "Goal #1 - Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. 2.2.1 Policy: The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.4 Objective: Encourage the development of a variety of a new commercial activity where compatible with existing land uses. 2.4.2 Policy: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Goal #3 - To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 4 . t 3.3 Objective: Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. 3.3.2 Policy: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. Goal #6 - To ensure the continued improvement of the vital operational elements of the Village. 6.2.2 Policy: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services." IV. CRITERIA AND FINDINGS Upon review of Section 18.60, the Community Development Depazment recommends denial of the conditional use permit based upon the following factors: A. Consideration of Factors: 1. Relationship and impact of the use on the development objectives of the Town. As stated in the zoning code, the Commercial Core I (CCI) Zone District is intended to "provide sites and maintain the unique chazacter of the Vail Village commercial azea, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The CCI district is intended to insure adequate light, air, open space and other amenities appropriate to permitted types of buildings and uses. The district regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standazds that are intended to insure the maintenance and preservation of the tightly clustered arrangement of buildings fronting on pedestrianways and public greenways, and to insure continuation of 5 the building scale, and azchitectural qualities that distinguish the • Village." Generally, the staff believes that the applicant's proposal complies with the Vail Village Urban Design Guide Plan and the Vail Village Master , Plan as indicated in Section III of this memorandum. We believe that outdoor dining decks, associated with a restaurant, are an appropriate site development in the Village core. The applicant is proposing to add redwood flower boxes around the perimeter of the dining deck, however, one Town of Vail planter will be lost in its entirety, and another partially removed. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. , It is the staff opinion that the proposed outdoor dining deck will have no negative effects upon any of the above listed criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. It is this criteria with which staff has the most concern. With the summer deck in place, Bridge Street would be narrowed down, at the tightest point, to a width of approximately 13'-6". The staff is very concerned with further constricting Bridge Street and with creating a choke point at this very heavily used area of the Village. This section of Bridge Street is considered by staff to be a transition zone for pedestrians, bicyclists and rollerbladers accessing the Village core. Narrowing the width of Bridge Street is a concern and pedestrian safety is a major issue, especially given the wide variety of users in this area, and the fact that the western edge of Bridge Street drops off into the pocket park (there is no guard rail). The Public Works Department maintains that street sweeping will become more difficult with the proposed summer dining deck in place. The Fire Department concerns and issues, which were identified at the PEC worksession, have all been resolved. 6 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The staff is still concerned with the overall aesthetic appearance of the dining deck (during the summer season) and its potential for partially blocking views both up and down Bridge Street. We aze concerned with the potential for blocking views of the covered bridge (from the south). We believe that with the curve of Bridge Street and the angle of the covered bridge as it crosses Gore Creek, that the eastern portion of the bridge may be partially screened with the proposed dining deck in place. The staff believes that the addition of Rekord doors to the Gallery Building will be a very positive addition, not only to the building, but also to the Village. Rekord doors, by increasing the visiblity of dining activity, will add to the street life and visual interest. The addition of a bench, adjacent to the covered bridge, will be a positive amenity and will add to the pedestrian environment and character in the Village. B. Findincs The Planning and Environmental Commission shall make the followine findinQS before granting a conditional use permit: 1. That the proposed location of the use in accord with the purposes of this Ordinance and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of this Ordinance. 7 V. STAFF RECOMMENDATIONS The staff is recommending denial of the applicant's request for a conditional use permit, as we believe the request does not meet findings 3 and 4 as outlined in the above section of this memorandum. Although the staff cannot support the applicant's request as presented, the staff would be able to support a scaled back version of the proposal. We believe that a dining deck which extended out 3'-9'h" from the west elevation of the building (to the face of the existing Town planters), would be acceptable. This type of expansion would have no impact on the existing pedestrian flow along Bridge Street. We believe that an outdoor dining deck in this configuration would allow for approximately three to four, rectangular dining tables. We also feel that a dining deck in this configuration, with the retractable Rekord doors, would provide the outdoor dining experience that the applicant desires. The staff would also suggest the addition of an awning, on the facade above the retractable doors, to add more color to the face of the building. • If the PEC approves either the applicant's request for the outdoor dining deck, or the staff's suggestion for a scaled back version of. the dining deck, the staff would recommend that two conditions be placed on the approval as follows: 1) That the applicant agree that the dining deck will not be cleared of snow onto the adjacent Town right-of-way, and that the applicant work out some arrangement to have snow privately hauled from the site. 2) That the applicant install 2-3 aspens in the planter north of the proposed dining deck. ~:~«~~~~~u ao9 g ~.,,;st;nga+°2a n3 ram ~rtRrtor Da+fu'o~er6 x~t h ~ -ta~ra S!~i ~ ~ r •qGR '.u'C~ I 1 su' _ e'i ~ ` 7 r a~ ~ `°~'+R ' aroma a~*~^ \.~~y^ta , (Yd~ ~ ~ T186 ~ . ~~ii g~ ~ ~ 1r ay ~r~~~ ~ L rcr'"~ _ v V v ~ ~ ~uiw«+~ L 1~ R3JSS~'1-5 REST?~~'~ (41 i _ 5 T• ~ ~ C OU eke a, l b - $ ,~.;a~= J ~ ~1 ' i~i I ~ - Ii~ l~ ~ I I - ' . Sn ~Ram.a ~ n+cioa~aa p~~nan) ~ 0. ~ ~ _ ~ do~c~s n^ ~ ~'rcvdC ~tedms-,c~¢ P7tati° ~j ,~~n~,,i ~a a,, a~~~~~~e~a~ ~,w~,µ~fi ~ a~G OY~`mY~CV,rnn I ~ ,~rh4 Sktl NI~II`g `J~6nY^ I ti' J $h1Q ~t.'1dCQ S~rPll _ _ ~ r- 1 4' faAl; SP1n ~c~ I Y4~ _f~ r f-Onl~~ rutn~ ~a.l ~'>~GS w/Fae1dJ ~ng .wane uw'k m ral ~wemwit _~`~~"~cr~~--~ L~Dr~"~',=~' ~^®~'x_C~ ~2~~~~©~~~' ~~;~7~,C~ ~'2~`fP~°~i'Sjp"~ In IiW ill waning PIVn~V~ ~l ant -9/¢" N`~~ Gnu c•r~`{~R','lli'~`- _ - _ _ _ - ~ _ - v ro,noroai~le abml strv~ pp ~cnnw n. -nrx• owora wrnen~ ~imia~ I,arlionS~ sicnl r~l nw in+w ch~9cub67 wln}w rcr~. ss+ucr~re. Ycle; <o b~.•~aing u.q un+,~v.u-s ow.v xr. le~aVwrpn~j ~Ynv" mx.m powome,rr ro MIeS er aWVnmart {hran~ er da 't nE ~ve~wvh rea~~lrp0.~ ~r..yc+:-: oti- ~ aenenn vice a~l~ R - ~3 ~ ~ u D trailer, Mr. Matthews repeated he would only have 40 trees on the lot. Richard indicated the trees to be sold would be attached to rebars which had been pounded into the ground. In response to a question from Chuck Crist, Richard indicated the banner would be attached to the trailer. The state requires the trailer be set back 50 feet from the North Frontage Road right of way. Based on the site plan, it appeared the sales trailer would be approximately 50 feet from the road. Gena Whitten believed it looked a little "tight." She requested the rest of the survey be presented. Kathy was concerned about knowing where the property line was, so that the Commission would know where the trailer was actually proposed to be located and to insure the business was located entirely on West Vai{ Texaco property and not in the state right of way or on adjacent property. Kathy also asked how the fence would be stabilized. Mr. Matthews said it would be attached to T-posts by black ties. Diana Donovan believed it was important that everything be located on Mr. Matthew's property, and that the trailer be removed as soon after Christmas as possible. Diana suggested all material be removed from the site by December 26th. Mr. Matthews stated he had no intention of leaving anything up after Christmas but he was reluctant to committing to removing everything from the site by December 26th as inclement weather could make it impossible for him to comply with this deadline. Jill reminded the PEC that based on Ordinance 43, Series of 1991 which will allow plant product businesses in the Heavy Service Zone District, the site must be cleaned with 72 hours of the date the conditional use permit expires. Kathy asked that the fence be kept in a straight, vertical position. She thought it would be nice if the trailer had a red door. 2. A reauest for a worksession for a conditional use Qermit for an outdoor dinina patio for the Gallery Building (Russell's Restaurantl, located in the Commercial Core I zone district. 228 Bridge Street/a Qart of Lot A. Block 5. Vail Village First Filing. Applicant: Ron Riley/D.R.R.. Inc. Planner: Mike Mollica Mike Mollica presented the request. As this was a worksession, no staff recommendation was given, but staff raised several issues for discussion. Applicants Ron Riley and Mike Staughton were present for the discussion. Ron Riley pointed out that the deck would only be used for 90 days in the summer, and did not believe it would obstruct views on Bridge Street. He believed a summertime encroachment of 2'-11Yz" was minor, stressing the fact that lower Bridge Street was "sterile," and that the dining deck would add interest to the area. He believed that, due to the popularity of outdoor dining, a restaurant was almost required to have a dining area outdoors. Mr. Riley advocated the deck since otherwise there was no visual penetration into the Gallery Building, and because of that, people could not tell there was a restaurant contained therein. Ludwig Kurz was concerned about narrowing Bridge Street, stating it was easily one of the 2 n most congested areas a great deal of the time. He was not convinced this was the best use of public land. Mr. Riley reminded the Commission that this request was only fora 90-day period each summer. He explained that, in the summer, people walk more slowly than in the winter. Jim Shearer was concerned with the use of public land. He wanted to get Pete Burnett's opinion on cleaning the streets. Mike said he had spoken with Pete, and Pete indicated that, if the deck was in place, the south end of Bridge Street would require hand sweeping. Ron Riley said the distance across Bridge Street would be 13 feet. Mike Staughton said the Town did not clean the streets every week, but only 2-3 times per summer. Mr. Riley said he could build the deck so it could be removed for street sweeping. Jim discussed the sterility of that end of Bridge Street. He asked what the Town of Vail would . gain from the proposal, and suggested Mr. Riley could do something to make the area more inviting. Chuck Crist agreed with Ron Riley regarding the sterile look, and liked the concept of a removable deck. He was concerned with the loss of two Town of Vail planters, as well as the bench between the planters. He indicated the bench had frequent use. Chuck also was in favor of narrower streets and the proposed rekord doors. Ron Riley was frustrated because no service trucks were allowed on this end of Bridge Street, and indicated the upper end of Bridge Street became much more restricted when service trucks were making deliveries than his proposal would make the area. Gena Whitten believed that this was an important entrance to the town, and Mr. Riley could achieve the transparency with a 3-foot wide deck and rekord doors, which would have the feeling of an outdoor deck without going onto public land. She felt this was very valuable space. Kathy agreed with Ludwig and Gena, stating that rekord doors would give better exposure to the outside and better planters could be designed. Kathy could not support the construction of a deck on public land, not wanting to further constrict the area. Ron Riley indicated the location of the restaurant's restrooms created an interior constriction, and rekord doors alone would not achieve his objectives. Diana could not support a deck on public property, but suggested pulling back the deck. Jim could also support such a revised proposal. Jim reminded the Commission that the Town was running out of Village restaurants, and believed undulation on that side of the street was important. He strongly supported retaining restaurants in the Village core areas, especially restaurants at street level. However, in this particular situation, he was concerned about potential bottlenecking. Ron Riley indicated he would investigate other possibilities to ensure he did not restrict the area and would look for a proposal which would enhance the area. He suggested a 90-day trial basis. Chuck supported this use for public land, as it would increase the vitality of an area which was 3 ' ~ G- is ` currently "ugly and dead." t Mike Mollica summarized the Commission's position and stated some of the members had difficulty in supporting this use of public land. 1. A request to amend Section 18.52, Off-Street Parkins and Loading, of the Town's zoning ordinance to allow car rental businesses to lease oarkin~ spaces in the Commercial Core III zone district. Applicant: Peter Jacobs of Davs Inn Planner: Andv Knudtsen Andy Knudtsen presented the request. Staff supported the proposed amendment. Chuck Crist asked if this amendment would allow more than one agency per property. He .asked for a simplification of the wording. Diana Donovan was concerned with the wording regarding the term of the lease. She requested that section be simplified. She believed landscaping should be required. Kathy Langenwalter did not think an amendment addressing landscaping would be necessary, as it was addressed in the parking section of the code. Andy pointed out that the parking section dealt only with new parking Pots. Diana believed the Town should have the ability to require additional landscaping for this type of use. Chuck Crist moved to recommend that Town Council approve the 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 Care {ll zone district, incorporating the Commission's concerns into the ordinance regarding the ability of the Town to require landscaping, allowing the length of lease to range from 1-12 months, and limiting each property within CCIII to a maximum of one agency with a maximum of 15 cars. Jim Shearer seconded the motion. It was unanimously approved, 6-0. 2. A request for a conditional use permit to allow a well water treatment facilit`i in the Agricultural/Open Space zone district. generally located south of the Vail Golf Course bridge on Vail Vallev Drive, and more specifically described as follows: To be located within 100-foot radius from a point on the right bank of Gore Creek whence the northwest corner of Section 9, Township 5 South. Range 80 West, 6th P.M. bears North 73 degrees West, 2.080 feet. Applicant:. Vail Vallev Consolidated Water District Planner: Mike Mollica Mike Mollica explained. the request. Staff recommended approval of the request with the conditions listed in the memorandum. Discussion ensued regarding whether the proposed structure should become a shelter for golfers or a utility building which disappeared into the willows. Kent Rose, engineer for the project, indicated the proposed building was 14' x 24', and the size was necessary in order to 4 i WORK SESSION FOLLOW-UP December 20, 1991 Page ~1 Hof 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 818/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements for County is not renewing contracts for snowplowing, ANNEXATION annexation. animal control, and police services. (request: Lapin) 7127 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Electric to Public meeting has been scheduled for evening EAST VAIL establish special improvement district(s) for meeting, January 7, 1992. 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. Larry will re-contact both entities. 07109 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry has been asked to prepare an ordinance for PROPERTY discussion by February, 1992. 09117 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Associatio 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 no work sessions on December 24 and 31. r ~ December 20, 1991 WORK SESSION FOLLOW-UP Page 2 of 2 TOPIC UESTIONS FOLLOW-UP SOLUTIONS 12103 RECOGNITION PARTY FOR EVERYONE: A party for Kent and Lynn has been set f r Invitations were mailed 12118191, KENT ROSE/LYNN FRITZLEN Thursday, January 16, 1992, from 5:30 p.m. to 7:30 p.m at Satch's. Snacks will be provided with a cash bar. 12/03 CONSENSUS BUILDING/ COUNCIL: Carl Neu will be conducting an all-day GOAL SETTING consensus-building session with Council on Tuesday, 'i 1/14/92. He will then spend ahalf-day working on goal- setting on Tuesday, 1/28/92. Mark your calendars. 12/11 LAMINATED BUS SCHEDULES KEN/JIM MARSHALL: Wherever an actual bus shelter This is on the carpenter's schedule. AT EACH BUS STOP does not exist, plant apole/holder with a laminated bus schedule so potential riders may have a convenient reference. 12117 LIONSHEAD MERCHANTS MTG. KRISTAN; Contact about January'92 meeting. Kristan has spoken with Gary Haubert. 12117 PAPER SIGNS KRISTAN; Paper signes are appearing throughout the Betsy contacted these retailers immediately. Village (i.e., Nick's, Hillis Furs, etc.). Retailers Additionally, she has completed a sweep of both must be contacted about illegal signs. the Village and Lionshead and prepared a list of current violators who will be contacted. f L WORK SESSION FOLLOW-UP December 27, 1991 Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 818189 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal 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 Public meeting has been scheduled for evening EAST VAIL establish special improvement distract(s) for meeting, January 7, 1992. underground utilities in East Vail. 05/07 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. Larry Lichliter states review will take another 30 days. 07/09 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry has been asked to prepare an ordinance for PROPERTY discussion by February, 1992. 09117 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Associati n 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. 11119 NEWSPAPER VENDING MACHINE LARRY: What can be done to make these uniform and Scheduled for discussion at work session on 2/4192. locations less prolific? 11126 HOLIDAY MEETINGS COUNCIUSTAFF: There will be no work sessions on December 24 and 31. r WORK SESSION FOLLOW-UP December 27, 1991 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 12103 RECOGNITION PARTY FOR EVERYONE: A party for Kent and Lynn has been set f r Invitations were mailed 12118/91. KENT ROSE/LYNN FRITZLEN Thursday, January 16, 1992, from 5:30 p.m. to 7:30 p.m at Satch's. Snacks will be provided with a cash bar. 12103 CONSENSUS BUILDING/ COUNCIL: Carl Neu will be conducting an all-day Note: Dates changed to 1/28 and 2111 because GOAL SETTING consensus-building session with council on Tuesday, another council member will be gone on 1/14. 1128192. He will then spend ahalf-day working on goal- setting on Tuesday morning, 2111/92. Mark your calendars. 12117 LIONSHEAD MERCHANTS MTG. KRISTAN: Contact about January '92 meeting. Kristan has spoken with Gary Haubert. WORK SESSION FOLLOW-UP January: 3, 1992 Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8/89 WEST INTERMOUNTAIN OUNCIL: Proceeding wllegal requirements for County is not renewing contracts for snowplowing, ANNEXATION nnexation. animal control, and police services. (request: Lapin) 7127 UNDERGROUND UTILITIES IN ARRY/GREG: Work with Holy Cross Electric to Public meeting has been scheduled for evening EAST VAIL stablish special improvement district(s) for meeting, January 7, 1992. nderground utilities in East Vail. 05107 SALES TAX COLLECTION ARRY/STEVE: Research remedies to change this to Draft ordinance forwarded to Forest Service and VA for (request: Gibson/Lapin) mandatory TOV tax collection. review. Larry Lichliter states review will take another 30 days. 07109 SNOW REMOVAL ON PRIVATE ARRY: Research ordinance. Larry has been asked to prepare an ordinance for PROPERTY discussion by February, 1992. 09117 STREET LIGHTS ETE BURNETT: The LionsHead Merchants Association Public Works will present analyzed data by spring of (request: Levine) ould like to see a couple changes, which might '92. nclude some of the lighting by Montaneros, which s too bright, and placing it in front of Gallery Row n the Treetops Building. 11119 NEWSPAPER VENDING MACHINES ARRY: What can be done to make these uniform and Scheduled for discussion at work session on 2/4/92. ovations less prolific? 12103 RECOGNITION PARTY FOR VERYONE: A party for Kent has been set for Invitations were mailed 12118/91. Please RSVP KENT ROSE hursday, January 16, 1992, from 5:30 p.m. to 7:30 p.m. to Caroline, ext. 2115. t Satch's. Hors d'oeuvres will be provided. Cash bar. January 3, 1992 WORK SESSION FOLLOW-UP Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS - r' r'" i 12/03 CONSENSUS BUILDING/ OUNCIL: Carl Neu will be conducting an all-day Note: Dates changed to 1/28 and 2/11 because GOAL SETTING onsensus=building session with council on Tuesday, another council member will be gone on 1/14. /28192. He will then spend ahalf-day working on goal- etting on Tuesday morning, 2/1192. Mark your alendars. 12117 LIONSHEAD MERCHANTS MTG. RISTAN: Contact about January '92 meeting. Kristan has spoken with Gary Haubert.