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HomeMy WebLinkAbout1992-02-18 Support Documentation Town Council Regular Session ~i~~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 18, 1992 7:30 P.M. AGENDA 1. CITIZEN PARTICIPATION. 2. Approval of Minutes of January 7, 1992, and January 21, 1992 evening meeting minutes. 3. Ordinance No. 2, Series of 1992, second reading, an ordinance requesting a major amendment to Phase IV-A of Special Development District No. 6, Vail Village Inn; located at 100 East Meadow Drive/Lot 0, Block 5-D, Vail Village First Filing. Applicant: Josef Staufer. 4. Ordinance No. 3, Series of 1992, first reading, an ordinance amending Section 8.24.090 of the Municipal Code of the Town of Vail, Colorado, to provide for the owner or occupant of any property within the Town of Vail to keep the sidewalks in the public right-of-way on adjacent or abutting such lot or parcels free and clear from ice, snow, and other obstructions. 5. Resolution No. 4, Series of 1992, a authorizing the Town of Vail to open an account with one or more of The Franklin Group of Funds ("Funds"}, and to deposit or withdraw such funds of the Town in the account as the Town deems necessary or desirable. 6. Removal of Booth Creek Area from the Rock Fall Hazard Map. 7. Channel 23 (Vail Valley Community Television) Presentation. 8. Presentation by Fred "Skip" Kinsley of Kinsley Geotechnical, Inc. Re: Proposed Forest Service position on oil and gas exploration in the surrounding area. 9. Conditions for Funding of the Dowd Junction Recreation Path. 10. Adjournment. C:WGENDA.TC i VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 18, 1992 7:30 P.M. EXPANDED AGENDA 7:30 p.m. 1. CITIZEN PARTICIPATION. 7:35 p.m. 2. Approval of Minutes of January 7, 1992, and January 21, 1992 evening meeting minutes. 7:40 p.m. 3. Ordinance No. 2, Series of 1992, second reading, an ordinance Mike Mollica repealing and re-enacting Ordinance No. 19, Series of 1991; to provide for the amendment of the approved development plan for Special Development District No. 6; adopting a revised development plan for Phase IV-A of Special Development District No. 6; and setting forth details in regard thereto. (Vail Village Inn; located at 100 East Meadow Drive/Lot 0,' Block 5-D, Vail Village First Filing. Applicant: Josef ' Staufer.) 8:10 p.m. 4. Ordinance No. 3, Series of 1992, first reading, an ordinance Larry Eskwith amending Section 8.24.090 of the Municipal Code of the Town of Vail, Colorado, to provide for the owner or occupant of any property within the Town of Vail to keep the sidewalks in the public right-of-way on adjacent or abutting such lot or parcels free and clear from ice, snow, and other obstructions. Action Reauested of Council: Approve/deny/modify Ordinance No. 3, Series of 1992, on first reading. Background Rationale: Council discussed the draft of this ordinance at the February 11, 1992 work session. 8:40 p.m. 5. Resolution No. 4, Series of 1992, a authorizing the Town of Vail Steve Thompson to open an account with one or more of The Franklin Group of Funds ("Funds"), and to deposit or withdraw such funds of the Town in the account as the Town deems necessary or desirable. Action Reauested of Council: Approve/deny/modify Resolution No. 4, Series of 1992. Backaround Rationale: In January, 1992, the Town Council approved the use of No Load Mutual Funds who invest in Mortgage Backed Securities. The Franklin Adjustable Rate Fund is earning approximately 6.15% which is fifteen 210 basis points over our current Money Market Account yield with Colorado Trust. Staff Recommendation: Approve Resolution No. 4, Series of 1992. 1 w 8:45 p.m. 6. Removal of Booth Creek Area from the Rock Fall Hazard Map. Larry Eskwith Action Reauested of Council: Approve or deny removal of the Book Creek Local Improvement District from the Rock Fall Hazard Map. Backaround Rationale: L&M Contractors has now completed the Rock Fall Mitigation Berm,,and Banner Engineering has certified the berm as substantially complete. This is a hearing in accordance with 18.69.050 to determine whether the area covered by the Local Improvement District should be taken out of the Rock Fall Zone. Both the engineer and geologist will be present to give testimony. 9:15 p.m. 7. Channel 23 (Vail Valley Community Television Presentation). Steve Miller Action Reauested of Council: Hear the presentation. Backaround Rationale: Steve Miller would like to briefly welcome Jim Shearer as the Town of Vail liaison to Channel 23, and to provide information for Council regarding Heritage's franchise renewal. He would also like to field general questions from Council regarding Channel 23. 9:30 p.m. 8. Presentation by Fred "Skip" Kinsley of Kinsley Geotechnical, Inc. Fred Kinsley Action Reauested of Council: Hear the presentation. Backaround Rationale: A letter to Council, c/o Jim Shearer, from Fred "Skip" Kinsley of Kinsley Geotechnical, Inc., was received in January, 1992. Council requested an evening presentation from Mr. Kinsley to allow taping of his views regarding the proposed Forest Service position on oil and gas exploration in the surrounding area. 9:45 p.m. 9. Conditions for Funding of the Dowd Junction Recreation Path. Action Reauested of Council: Approve/modify/deny conditions requested by Colorado Department of Transportation. Backaround Rationale: The funding for the Dowd Junction path is going to the Colorado Transportation Commission on Thursday, February 20, for approval. Bob Mosten has asked the Town to accept responsibility for design, right-of-way acquisition, and operational maintenance of the path. The State will be responsible for funding the total construction cost and for capital maintenance (see Bob Mosten's letter dated February 13, 1992.) Staff Recommendation-: Approve conditions as stated. 9:55 p.m. 10. Adjournment. C:VIGENDA.TCE 2 MINUTES VAIL TOWN COUNCIL MEETING JANUARY 7, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 7, 1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Shearer Jim Gibson Rob Levine Bob Buckley MEMBERS ABSENT: Tom Steinberg TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Tawn 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 four items: A. Approval of Minutes of December 3, 1991, and December 17, 1991, evening meeting minutes. 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. 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. 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. Mayor Osterfoss read the titles in full. Jim Gibson moved to approve all items on the Consent Agenda, with a second from Rob Levine. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No:1, Series of 1992, first reading, 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. Mayor Osterfoss read the title in full. Larry Eskwith reviewed the history of this ordinance. When Town Council passed a resolution to proceed with a hearing to obtain input from the property owners in the proposed District, information was reviewed re: original request for formation, associated costs, and the proposed formula for assessment. If it was decided the District should be formed, individual property owners would be formally notified about a separate hearing at which they would be advised of their specific assessment. Larry said, before moving to assessments, the first step was to form the District, and that would be up to the Town Council after hearing public input. Larry stated assessments were not part of the tax bill, but would be issued by the Finance Department of the Town of Vail. The bill could be paid either within thirty (30) days in its entirety, or spread out over twenty (20) years, according to statute. Peggy Osterfoss asked for public input. Speaking against the ordinance were Jeff Bowen, Roger Tilkemeier, John C. Ohrt, Dr. Steven Thompson, and Tony Reiterson. They agreed the undergrounding would be aesthetically pleasing, but felt the estimated assessments were too high, and they felt everyone who would benefit should pay. Speaking in favor of the concept, but not the economics, was George Lamb. Larry and Greg Hall explained how properties were selected to be part of the proposed District. Greg noted there were four (4) types of property owners in the area: (1 } vacant lots, (2) existing residences with underground service connected to an underground primary system, (3) existing residences with underground service connected to an overhead primary system, (4) and properties having overhead service connected to the overhead primary system. He said of the 42 1 selected lots, there were actually 73 services or meters, and the cost would be for each meter. Greg explained vacant lots and houses already connected to the underground system did not add cost to the District because the District was picking up only secondary costs. Upon future construction, owners would pay on a per lot basis. Also speaking in favor of formation of the proposed District was Art Abplanalp, speaking for Landis Martin and Jim Schink, residents willing to be included in the District for aesthetic and safety reasons although their lots had no overhead utilities. Greg stated the amount absorbed by Holy Cross would be $70,000, making the total project cost $240,000. Dean Gordon, from Schmueser Gordon Meyer, Inc., said his engineering firm had been working with Town staff to define the scope and limits of the District and identify the cost associated with it. He explained if the proposed District was formed at some point in the future, the total cost could never be assessed to the District at a higher figure than what was represented to residents of the District during this public hearing or at subsequent public hearings for individual assessments. As a result, he felt it was necessary to be conservative but realistic in calculating the total estimated cost. He said the $170,000 represented costs in four areas: (1) the actual construction cost of the secondary service lines and the division point between primary service and secondary services, (2) administrative costs, (3) bond costs, and (4) engineering costs. Holy Cross would be responsible for the transformer; beyond the transformer was secondary service, with costs for calculation of the individual assessments from that point. In response to a citizen request for the Town of Vail to pay for this improvement, the Mayor restated the request had come from the neighborhood. Ron Phillips stated there was no staff advocacy for the project and the staff had resisted getting involved with this because of the extensive time commitment it entailed. Nancy Gibson spoke about the process over the past 21/2 years, and her current attempts, along with Dave Rogers, to get recent feedback. She said she realized $2500 could be a hardship to a lot of people in the project area, and one of the reasons for approaching the residents about splitting the costs equally was to help defray the high cost some homes would have. Peggy said the first thing to be decided was whether there was interest in forming the District. Secondly, they would iron out the fairness and equity issues. AI Weiss, although not involved with this issue at the present time, said he could foresee a future time when formation of other Special Districts would be requested for the same purpose, and he wanted to know, if once a Special District was established by ordinance, there would be recourse for residents or would residents have to accept whatever assessments were se# in such other Special Districts. Larry statedrf a different form of assessment than had been suggested was selected, it could be incorporated into the next step. Larry advised Council there was a formal step to set a certain date for another hearing, as required by statute. Council agreed to set March 3,1992, as the date for another public hearing. Notice about that hearing would be prepared and sent to residents as required by statute. Ron Phillips said there were possibly three viable formulas for alternate methods of dividing up the project's cost and suggested Council allow staff 2-3 weeks to develop those to bring back for discussion. Bob Buckley stated there was a very real hazard with overhead powerlines breaking in the mountains. Rob Levine stated it required more than a simple majority to go forward with this, athough he shared Bob's feelings about the aesthetics and safety concerns. Further, he said he was interested in expanding the District to include some of the lots not included at a different assessed level. Merv felt there was a benefit to be had by all by forming this District, including the vacant lots and those who have already undergrounded because of the aesthetic aspect, but he wanted to be able to offer an alternative to fully underground and encapsulate the power lines, not just compress the equipment into above- groundgreen transformer boxes. Peggy's impression was there was support for undergrounding. The question was about the fairness of the allocation of the costs. Merv Lapin moved Ordinance No. 1 be continued until the March 3, 1992, evening meeting, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 6-0. A five minute recess was taken. Item No. 4 was Resolution No. 1, Series of 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. Mayor Osterfoss read the title in full. Meer Lapin moved to approve Resolution No. 1, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 6-0. Item No. 5 was a Public Hearing commencing a needs assessment for Heritage Cablevision. Mayor Osterfoss explained Council's action was to listen to public input relating to the future needs of the Town of Vail cable television system. Larry Eskwith clarified this was the first step in the formal renewal process of the cable franchise agreement with Heritage Cablevision. He emphasized there would be further evaluation of the cable company's performance by the Town. If the Town did not accept the proposal, an administrative hearing would follow, but that was not carte blanche for a municipality to refuse to renew the franchise. Larry stated Heritage had asked the Town to institute the formal renewal process but also asked the Town to pursue informal discussion with them. Al Weiss briefly explained the reasons for his discontent with Heritage Cablevision. Merv Lapin asked Larry what the Town's powers were and what the Town could do in terms of rates or programming under the present franchise agreement with Heritage. Larry said Heritage had the right to impose a 5% increase per year, and with regard to the programming mix, the Town had the right to designate the types of programming the Town wanted broadcast, adding Heritage could change the stations on the cable, but they had to keep generally the same mix approved when the franchise was entered into, and they have done that. There were four (4) specific reasons not to renew the franchise, and these do not have to do with whether the cable company had raised rates. He spoke briefly about the Federal Cable Television Act of 1983 and pressure Congress was reacting to from cable operators who maintained they were concerned because of the amount 2 of regulation they felt municipalities were placing on them. The Act deregulated all municipalities' abilities to have much influence on cable rate structure, and it became much more difficult not to renew a franchise. For municipalities similar to Vail, one of the biggest problems was competition was very limited. In the last franchise agreement, they agreed Vail is in an area known as an area without effective competition, which meant they could no longer raise rates without the permission of the Town except to the extent of 5%. Larry added that was defined by federal law, but in order to prove Vail is an area without effective competition, the Town would have to go through a process which Heritage said was unnecessary as they would stick to the agreed annual 5% increase. Larry stated Council needed to determine if the Town should demand more from Heritage in terms of upgrading the system technically. Merv was particularly exasperated by the fact the Town did not even have the alternative of having free TV due to the mountainous conditions and wanted staff to solicit opinions from E.B. Chester and Jack Crosby. Jim Gibson asked Ron Phillips for an update on competitor who had expressed interest in a franchise in Vail. Ron stated the interested party was asked to bring the Town a proposal but had not. Ron said he believed the reason a proposal was not submitted was because a great amount of the fee for the channels the interested parry wanted to put on a separate system were controlled by the same company as Heritage. The price for that was more than the interested party felt he could afford for the investment needed for the infrastructure. Rob Levine confirmed that, and emphasized it was not the Town being unwilling to issue a franchise. Jim Gibson recalled this potential franchiser was planning on using a wireless reception and transmission method. Rob recalled that also, but pointed to the expense involved with that, and the potential franchisee would still have to buy the service as it originated from TCI. Jim Gibson and Merv agreed the monopoly Heritage had was abusive and should not exist, but Peggy noted the free market just does not exist in this case. Ron felt a replacement program for cable currently buried should be considered because the cable now installed was not technically advanced and was old. AI Weiss asked if Heritage Cablevision was obliged to produce an audit of their books to the Council. Larry said the Town can ask to review an audit. Larry felt it was important to get an audit of what the Town had and its quality. Merv Lapin moved these proceedings be continued indefinitely. This continuance may include, but shall not be limited to the following: (1) The taking of additional evidence from citizens of the Town, (2) The mailing of appropriate surveys to the citizens of the Town, (3) Obtaining reports from engineers and other consultants relating to past performance of the cable operator under the existing franchise, and helping to identify appropriate future cable-related community needs and interests. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 was an appeal by applicant of a denial by the PEC 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. The applicant/appellanttyas Ron Riley/D.R.R., Inc. Mike Mollica said the proposal was in two phases with the applicant proposing a "winter version" of the dining deck on TOV property, as well as a "summer version." He reviewed a description of the proposed deck use, background information, related policies in the Vail Village Urban Design Guide Plan and the Vail Village Master Plan, criteria and findings, and staff recommendations as fully detailed in the Community Development Department's memo to the PEC dated December 9, 1991. Mike Mollica noted one of the key issues of the projeck was the narrowing of Bridge Street at the proposed deck site. There was discussion about the specific measurements of various areas on Bridge Street. Mike spoke about three issues staff had with the project: (1) There would be a constriction or narrowing of Bridge Street creating possible pedestrian safety issues, specifically in the summertime, (2} Public Works expressed concerns about street sweeping in the summertime, and (3) Staff had concerns regarding views. Mike said staff recommended denial of the request as they did not feel it had met findings 3 and 4 in the December 9, 1991, memo. Mike said staff discussed an option they could support, basically the "winter version" of the deck. Staff could support that with two conditions of approval, although the PEC had voted 3-1 for denial. Mike said staff was very positive about dining decks and understood their economic necessity. The applicant, Ron Riley, addressed the issue of a street constriction, and said he would redesign the deck to avoid problems with the Fire and/or Police Department. He believed the encroachment of the summertime version deck was minor, stressing lower Bridge Street was sterile, and the dining deck would add interest to help the area to come alive. He felt, due to the popularity of outdoor dining, a restaurant was almost required to have a dining area outdoors. He felt his business could no longer survive only during the winter, and he wanted some viability for summer. Patios on Town property were all over, and he felt they were called for in the Master Plan to help bring a street alive through interaction. After further discussion about seating capacities for the summer and winter versions, Kristan reiterated staff's position was more than just concern about the constriction and the design of the deck, there was concern about views which would be obstructed by the deck, but she felt it could work. She wanted Council to know this was important, as this was the kind of issue looked for in urban design guidelines and concepts related to the Village regardless of what store or type of business would be in there. Merv Lapin moved to approve the applicant's request and overturn the denial by the PEC based on the findings listed on page 7 of the December 9, 1991, memorandum items 1,2, and 3, that are necessary for a conditional use permit and the conditional use permit be for one year. Further conditions to meet conditions 1 and 2 from the staff recommendation were the applicant was to be responsible for cleaning the street from the edge of the bridge to the end of his building on a daily basis, such sweeping to be finished by 8:00 A.M. the next morning, and snow from the deck would not be cleared onto the adjacent Town right-of-way, preferably, the applicant was to work out arrangements to have snow privately hauled from the sight, and the applicant was to install 2-3 aspens in the planter north of the proposed dining deck. Jim Shearer seconded the motion. The applicant agreed to contribute to general upkeep of the street area, but noted aspen trees previously planted in the planter north of the proposed deck had died, and asked for flexibility to plant something else 3 equally attractive. Peggy requested the DRB decide that issue, and to look into seeing that adequate lighting in the area was addressed. Peggy recalled Merv's motion to overturn the decision by the PEC, with findings and conditions as stated in the staff memo, with a primary additional condition being the deck be approved for one year on the summer deck and a permanent approval on the winter deck, and the radius of the deck be pulled back 15 feet. A vote was taken, and the motion passed unanimously, 6-0. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:45 p.m. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:IMINSJAN7.92 4 ~ MINUTES VAIL TOWN COUNCIL MEETING JANUARY 21, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 21, 1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Rob Levine Jim Gibson MEMBERS ABSENT: Bob Buckley Jim Shearer Tom Steinberg TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was TOV Ten Year Employee Recognition presentations for Mike Vaughan and Martha Raecker. Ron Phillips introduced Mike Vaughan, Fire Department Fire Technician, and presented him with his ten year service award. Mike was thanked for his years of dedicated service to the Town of Vail, and congratulated by Dick Duran. Martha Raecker, Community Relations, was unable to attend the presentation, and would be recognized on February 4, 1992. The second item on the agenda was Citizen Participation, of which there was none. Third on the agenda was Ordinance No. 22, Series of 1991, second reading, an ordinance amending the investment policy of the Town of Vail. Mayor Osterfoss read the title in full. Steve Thompson said first reading was on July 16, 1991, and second reading had been overlooked. He noted the ordinance required annual review, and any changes since first reading were in form, not in substance. Jim Gibson moved to approve Ordinance No. 22 on second reading, with a second from Merv Lapin. A vote was taken and the motion passed unanimously, 4-0. Item No. 4 on the agenda was Resolution No. 24, Series of 1991, a resolution approving wetland mitigation sites in the Town of Vail for the Black Lakes Reservoir Expansion Project, with certain conditions. Mayor Osterfoss read the title in full. Andy Knudtsen reviewed the Community Development Department's memo to Town Council dated January 7, 1992, and briefly described the project and the resolution, highlighting information outlined in a letter from Bob Weaver, the wetland consultant for the Vail Valley Consolidated Water District (VVCWD), dated November 15,1991, regarding responsibilities the Town would assume by passing this resolution. Additional background information was available in an earlier Community Development Department memo to the Planning and Environmental Commission dated October 14, 1991. Andy noted the resolution included a condition of approval that required the Federal Emergency Management Agency (FEMA) to review and approve any changes to the flood plain which might be caused by this project. Jim Gibson suggested Todd Oppenheimer make arrangements needed to revitalize the area, and asked 'rf the Rotary could be considered for assistance. Kristan Pritz felt due to the technical nature of the project, the advice of consultants was needed. After brief discussion, Merv Lapin moved to approve Resolution No. 24, with a second from Rob Levine. A vote was taken and the motion passed unanimously, 4-0. Item No. 5 on the agenda was a hearing to consider the removal of the Booth Creek Local Improvement District from the Rockfall Hazard Map. Larry Eskwith advised the engineer and geologist were not present, and felt the item needed to be continued if they did not arrive. He explained the ordinance for this issue stated anyone interested in having the hazard map amended could bring in their own experts to report on reasons why the area was safe. The item was continued to February 4, 1992. Item No. 6 on the agenda was a discussion of Heritage Cablevision rate increases. Stan McKinzie spoke at some length about Heritage's desire to work with the Town, explaining they were anon-exclusive franchise operator, and they wanted to better understand the Town's cable needs. He spoke about increased programming costs experienced by Heritage over the last four years, and annual losses shown by TCI, but noted according to FCC regulations, Heritage was only able to increase rates 5% per year unless approved otherwise by Council. He said plans were being i reviewed for bringing in fiber optics and other upgrades to their system. After discussion about service rates in Vail as opposed to other areas, the level of service in East Vail, and general maintenance and equipment conditions, Jim Gibson expressed concern about the monopoly Heritage holds in Vail. Stan said Heritage was trying to keep costs down, and they welcomed competition. Stan was asked about an exclusive deal Heritage had made with Marriott's Mark Resort, and he explained that that deal was made in terms of hotels/groups, not individuals/residences. He said over eight units were required in order to receive a bulk rate. Jim Gibson asked Stan about acall-in complain-about- cable-TV 800 number he had seen advertised on Channel 4. Stan said that advertisement was backed by networks in support of Bill 512 now under legislation in Congress that would have Heritage and other cable operators having to pay additional fees to networks. Peggy Osterfoss said this franchise renewal discussion would continue over a period of time; and asked Stan to establish credibility about increased programming costs by producing an audited statement for Council review. He agreed to supply audited financial statements to Council, but added the statements would be TCI statements based on statewide figures. Jim Gibson asked for an operating expense report based on Vail figures, but Stan said as of this year, Heritage was fully owned and operated by TCI, they purchased programming on a national level and Heritage received its programming via satellite. Merv Lapin asked how competitive the marketing in Vail could be if the only competitor was TCI, Heritage's own majority owner. Stan only restated it was Heritage's desire to improve its relationship with Vail. Peggy thanked Stan for this educational opportunity and added discussion would be continued. Item No. 7 on the agenda was appointment of two Design Review Board members. Ballots having been reviewed, Rob Levine moved to re-appoint George Lamb and Pat Herrington to the vacant two year terms on the Design Review Board, with a second from Merv Lapin. A vote was taken and the motion passed unanimously, 40. There not having been a quorum at the afternoon's work session, Rob Levine moved to continue work session agenda Item No. 5, a discussion re: Pitkin Creek Bond Refinancing, with a second from Merv Lapin. A vote was taken and the motion passed unanimously, 4-0. Steve Barwick asked Council to review his memorandum to Council dated January 17, 1992. The memo outlined details of the failure by Kirkpatrick, Pettis to refinance the 1979 Pitkin Creek Bonds, and why the Town sent the item out for bid again. Four proposals were received, and the capabilities/advantages/disadvantages of three of the four responding firms were summarized. After discussion about the three firms recommended by Steve, George K. Baum & Company (Kirchner Moore), Coughlin and Company, Inc., and Kirkpatrick, Pettis, Polian, Smith/First Interstate Bank, Merv Lapin moved to approve Kirchner Moore conditional upon renegotiation with Kirkpatrick, Pettis, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 4-0. Before adjournment, a special public Council meeting to continue discussion about the East Vail Undergrounding issue was scheduled for Friday, January 24, 1992, at 8:00 a.m. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:55 p.m. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:\MINSJAN.21 2 ~ ORDINANCE NO. 2 Series of 1992 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 19, SERIES OF 1991; TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT,NO. 6; ADOPTING A REVISED DEVELOPMENT PLAN FOR PHASE IV-A OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made for the amendment of Special Development District (SDD) No. 6 for a certain parcel of property within the Town, legally described as Lot 0, Block 5-D, Vail Village First Filing, and commonly referred to as the Vail Village Inn Special Development District; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on January 13, 1992, held a public hearing on the amended SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 2 Legislative Intent A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 7, Series of 1976, establishing Special Development District No. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. 1 v ~j B. Special Development District No.. 6 provided in Section 14 that the Town Council reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. C. In 1985, the Town Council of the Town of Vail passed Ordinance No. 1, Series of 1985, providing certain amendments to the development plan for SDD No. 6. D. In 1989, the Vail Town Council passed Ordinance No. 24, Series of 1989, providing certain amendments to the development plan for Special Development District No. 6. Such amendments modified and amended Section 8 of Ordinance No. 14, Series of 1987, which relates to the allowed density of the development plan for SDD No. 6. E. In 1991, the Vail Town Council passed Ordinance No. 19, Series of 1991, providing certain amendments to the development plan for Special Development District No. 6 which relate to Phase IV. F. Application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IV. G. The Planning and Environmental Commission of the Town of Vail has reviewed the changes submitted by the applicant and has recommended that SDD No. 6 be so amended. H. The Vail Town Council considers that the amendments provide a more unified and aesthetically pleasing development of a critical site within the Town and such amendments are of benefit to the health, safety, and welfare of the inhabitants of the Town of Vail. Section 3 Purpose A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Section 4 Development Plan The proposed development plan shall include: > 2 r! A. The development plan for Phases I, II and III shall consist of the plans prepared and submitted by Royston, Hanamoto, Beck and Abey on February 12, 1976. B. The development plan for Phases IV and V shall consist of the plans and environmental impact report prepared and submitted by Gordon R. Pierce Architect, dated February 19, 1987, and revised on April i 4, and April 22, 1987. C. The development plan for Phase IV-A shall consist of the following plans provided by the Intratect Design Group/Fritzlen Pierce Briner. Sheet No. 1, dated June 6, 1991, and revised ~e`pteber23>1991 (site plan) Sheet No. 2, dated June 6, 1991 (1st and 2nd floor plans) Sheet No. 4, dated January 8, 1992 (3rd floor plan) Sheet No. 5, dated June 6, 1991 and revised June 18, 1991 (West Elevation) Sheet No. 5, dated embc~ "-~--r- '~T 3anu~`$ 1 ~~2 (4th floor plan) Sheet No. 7, dated June 6, 1991 and revised June 18, 1991 (East Elevation) Sheet No. 8, dated January 8, 1992 (North Elevation) Sheet No. 9, dated January 8, 1992 (South Elevation) Section 5 Permitted Uses The permitted uses in Phases I, 11, III, IV, IV-A and V of Special Development District No. 6 shalt be as set forth in the development plans referenced in Section 4 of this ordinance. Section 6 Conditional Uses Conditional Uses for Phases I, II, III, IV, IV-A and V of Special Development District No. 6 shall be as set forth in Section 18.22.030 of the Town of Vail Municipal Code with the addition of the following conditional uses: A. An outside popcorn vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core il. B. No office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV, IV-A and V. 3 t a Section 7 ~ ` Height A. For Phases I, II and III, the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated March 12, 1976, provided by Royston, Hanamoto, Beck and Abey. B. For Phases IV and V, the maximum building height shall be as set forth in the approved development plan by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). C. For Phase IV-A, the maximum building height shall be as set forth on the approved development plan, submitted by the Intratect Design Group/Fritzlen Pierce Griner, as set forth in Section 4 above. Section 8 Density A. The gross residential floor area (GRFA) for the entire Special Development District No. 6 shall not exceed 124,527 square feet. There shall be a minimum of 148 accommodation units and 67,367 square feet of GRFA allocated to accommodation units in Phase IV and Phase V of Special Development District No. 6. 3,927 square feet of GRFA shall be allocated specifically to Unit No. 30 of the Vail Village Plaza Condominiums. B. Condominium Unit No. 30 of the Vail Village Plaza Condominiums shall be subject to the restrictions set forth in Section 17.26.075 of the Town of Vail Subdivision Regulations if utilized for residential purposes. C. In addition to the allowable GRFA set forth in Section 8A above, Phase IV-A shall be allocated ~~10:0: 2,~'2~ square feet of additional GRFA, which shall be specifically allocated to one single, free-market dwelling unit, to be located on the fourth floor of the Phase IV-A Lobby Building; and 500 sq. ft. of additional GRFA (~a4; sq; <)'fpe' ulrt~, which shall be specifically allocated to two on-site, permanently restricted employee dwelling units. Section 9 Parking and Loading A. Any application for any amendment to Phase IV of SDD No. 6, subsequent to the effective date of this ordinance, shall include not less than 12 surface parking spaces, 324 4 e underground parking spaces, and 37 underground valet spaces for Special Development District No. 6 as indicated on the development plan submitted by Gordon R. Pierce, Architect, dated February 19, 1987~asdefined;n: EXibi B. The parking requirements for Phase IV-A shall be as set Earth on the drawings submitted by the Intratect Design Group, dated June 6, 1991, and revised ditty-~§ 5e:pferbe;r23; 1991, sheet number 1'aRdasdefined<EX~bit;?A` Section 10 The applicant or his successors in interest agrees to perform the following: 1. Make a minimum of 65 parking spaces in the parking structure, located in the Phase III building available for short-term parking use by the general public and/or hotel guests of the Vail Village Inn. These 65 spaces shall not be leased to any party. 2. ~ Prior to the issuance of any Town of Vail building permits for the construction of Phase IV-A of SDD No. 6., the applicant or his successors in interest shall provide written evidence to the Town of Vail Director of Community Development that a Colorado Department Of Highways access permit has been obtained for access from the South Frontage Road 3. The applicant or his successors in interest agree to permanently restrict two on-site dwelling units for use by employees of the Upper Eagle Valley (employee housing units) in the following manner: A. The employee housing units shall be provrdedw~th foil kitchens (refrigerator; s ode'; snk<;ov;enlmicrowa~e!'aratl shall not be leased or rented for any period less than 30 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley. B. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their surrounding areas. C. A full-time employee is a person who works an average of thirty hours per week. D. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval 5 of the Town of Vail. Subsequent to the effective, date of this ordinance, no building permit shall be issued for Phase IV-A of Special Development District No. 6 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. 4. The developer is presently the owner of Unit 7-L, Pitkin Creek Park Condominiums, located in the Town of Vail. The developer agrees to permanently restrict the use of this unit, in the following manner (employee housing restrictions): A. The employee housing unit shall.be providedwith a I'ult`kiichen trefrigerator, 5to~er`s~ri s `»o'~eri%rr'i~roau~e!;'a:nd shall not be leased or rented for an eriod less than 30 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley. B. The Upper Eagle Valley shalt be deemed to include the Gore Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their surrounding areas. C. A full-time employee is a person who works an average of thirty hours per week. D. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issued for Phase IV-A of Special Development District No. 6 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. 5. The applicant or his successors in interest of Phases IV, IV-A and V shall participate in, and shall not protestor remonstrate against, any improvement district(s) which may be established by the Town of Vail for the purpose of constructing improvements as set forth in any officially adopted Town of Vail Streetscape Master Plan, if and when an improvement district is formed. 6. The applicant or his successors in interest of Phases IV, IV-A and V shall participate in, and shall not protest or remonstrate against, establishing a pedestrian linkage between Phases IV, IV-A and V of the Vail Village Inn, to a future commercial expansion at the Sonnenalp Bavaria Haus site if, and when said commercial expansion is developed. 6 t 7. The applicant or his successors in interest of Phases IV and IV-A agree to transfer by general warranty deed to the Town of Vail, free and clear of all liens and encumbrances, a condominium unit of approximately 3,986 sq. ft. in size. Said unit shall be located as indicated on the plans and specifications submitted with the 1987 application. There shall be no provisions placed on the condominium unit restricting said unit to Town of Vail's use of the unit or the subsequent subdivision and/or sale of the unit. 8. No grading permit, building permit or demolition permit, relating to any Phase of Special Development District No. 6, shall be issued until such time as reasonable evidence is provided to the Town of Vail that construction financing has been obtained for the improvements to be constructed. 9. Any units in Phases IV, IV-A or V which may be condominiumized, ;eX~ept~ar;;tke Phase h/ A, fourth floor dwelling unit, shall be restricted as set forth in Section 17.26.075 (Condominium Conversion) of the Vail Municipal Code and thereafter amended. 10. The applicant or his successors in interest of Phases IV, IV-A and V shall reimburse the Town of Vail in the amount of $75,000 for expenses incurred in relocating the ski museum. Of said $75,000 relocation expenses, the amount of $27,50898 shall be paid prior to the issuance of a building permit for the construction of Phase IV-A of SDD #6. The balance of $47;540:48;999 shall become due and payable to the Town of Vail at the;date of.closing~afthe; Phase IU A, fourth floor dwe'11ing unit; or; at a date not i:o exceed. two years from. the Town's issuance of any temporary certifrcates of occupancy fnr the Phase l1) A accomrnodatron units; whichever occurs. earlier in:time; c::.! : 5~-c; ~;r~e~-tom tr;a-is~a<,~G~ ebu~ir~ permit-#s- t`~e-oE~et . 11. Any remodel or redevelopment of any of the remaining portions of SDD#6, shall include an overall parking analysis as set forth in Section 9 of this ordinance. 12. The applicant or his successors to interest of Pilases,ll/, IV A antl W shalt provide a pedestrian easement, along the western boundary of the VVI (the east side of Vail Road) of sufficient width (as determined by the Town) to accommodate an 8-foot wide sidewalk with integral landscaping. Said easement shall begin at the northwest corner of the Vail Village inn property (said corner is also the southwest corner of the Vail Gateway Plaza property), and extend along the westerly line of the Vail Village Inn property south to East Meadow Drive. Said easement shall expire at such time that a building permit for the construction of Phase IV of SDD No. 6 is issued. Prior to the Town's issuance of a building permit for Phase IV, the Town shall 7 i 't reevaluate the need for pedestrian access along Vaif Road and if in the Town's sole opinion, some manner of pedestrian access is still required, the applicant or his successors in interest shall provide for such pedestrian access. ~-3. P~ev+de a rede~; i4;~-se~ee#+sn, a , 'E tl~e !'~il• 6~atewa~-R1a~a Btf+ldi~g-eidewa~. Th„ :shall be-saf~ee3 t et-pr~e#-t#a Dasig~-Rev+e~nr--BeaFd. l~ addit+e~tl~e a~~J` ~dc G ;:~ect:iS.:: S~eV?all4, ,~.~~en#-tII tlrC Beth#--FfOntage•-R6rad~~eglnning-£n tl'.. i ~epe~y ) 4i ~v~t~r.~ ~n +1~n ni.+~~~~n IL •+^Jt t© thv ~Ti JLG~~. I~.~~.n k:sS9-~-~r~er#~•. This--ee+~it+e~E# wrrr. s~•al S °rr~ 1~. Provide additional landscaping along the northern property line of the Vail Village .Inn, as discussed in Section IV(H) of the January 13, 1992 Community Development staff memorandum to;the Ptanning and`~nvlroimentat Cgmi~niss~o'n ..Said additional landscapin~,shail cons+st of; at a >~rriinimum, tfeee to four clusters of large aspen ,(2 inch to 3 inch caliper), and spruce # 0 and # 2 foot ialf trees}. 14. Provide screening of the existing trash compactor located immediately to the north of the Pancake House Building. Said screening shall be subject to the review and approval of the Design Review Board. Section 11 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared] invalid. ~I Section 12 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. 8 i Section 13 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. 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. 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 9 . Exhibit A ~ February, 1992 SDD No. 6 -Vail Village Inn Parking Summary I. Required Parking (Per Code) Parkina Spaces Reauired Phase I = 38,12 Phase II = 17,98 Phase III = 84.45 Phase IV = 63.97 Phase IV-A' = 16.50 Phase V = 39.46 Total = 260.48 - 13.02 (5% multiple use credit) Grand Total = 247.46 or 248 Phase 1V-A is not currently constructed II. Approved Parking Plan The Phase IV-A approval will provide the following parking scheme: 44 - structured spaces -deeded to VVI owners 65 - structured spaces -available to the general public 30 - surface spaces -adjacent to the Food & Deli. One space will be reserved for the Food & Deli manager and all others will be available for short-term public parking. 10 - surface spaces -east of the Gateway 4 - valet surface spaces -north of the Pancake House 24 - surface spaces -north of the Pancake House/Lobby Building 177 - Total spaces to be provided III. The VVI Is obligated to provide the following parking, if and when the final Phase 1V Is constructed: 12 -surface spaces 324 -structured spaces 37 -structured valet spaces 373 -Total r ~rL~ ORDINANCE NO.3 SERIES 1992 AN ORDINANCE AMENDING SECTION 8.24.090 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO, TO PROVIDE FOR THE OWNER OR OCCUPANT OF ANY PROPERTY WITHIN THE TOWN OF VAIL TO KEEP THE SIDEWALKS IN THE PUBLIC RIGHT-OF-WAY ON ADJACENT OR ABUTTING SUCH LOT OR PARCELS FREE AND CLEAR FROM ICE, SNOW, AND OTHER OBSTRUCTIONS. WHEREAS, the Town Council of the Town of Vail, Colorado, believes it will benefit the health, safety, and welfare of the citizens of the Town of Vail if the owners or occupants of property within the Town are obligated to keep the sidewalks in the public right-of-way on adjacent or abutting such lot or parcels of land free and clear of and from ice, snow, water, and other obstructions: NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 1. Section 8.24.090 of the Municipal Code of the Town of Vail is hereby repealed and re-enacted to read as follows: Section 8.24.090 A) It shall be the duty of every owner or occupant in any lot, property, or parcel of land within the Town, or his agent, to keep the sidewalks in the public right-of-way on or adjacent to such lot or parcel of land, free and clear of and from snow, ice, mud, and all other obstructions. It is unlawful to fail to keep the sidewalks free and clear of snow, ice, mud, and all other obstructions. Snow, ice, mud, and other obstructions cleared from sidewalks shall not be deposited in public streets or alleys. B) If the Town Manager or his designee finds that any portion of a sidewalk has not been cleared of snow, ice, mud, and other obstructions as required by Subsection A of this Section and that a hazardous condition exists, the Town Manager or his designee shall notify the owner or manager or any property, the lessee leasing the premises or any adult occupant of a single-family dwelling that such person must remove the snow within twenty-four hours. Notice under this Subsection is sufficient if hand delivered or telephoned to the owner, manager, lessee, or occupant. C. If the person so notified fails to remove the snow as required by the notice set forth in Paragraph B of this Section, the Town Manager or his designee may cause the snow removal to be done to meet the requirements of this Section and charge the cost thereof, plus and additional amount up to $25.00 for administrative costs to the person so notified. D. If any person fails or refuses to pay any charge imposed under this Section, the Town Manager may in addition to taking other collection remedies, certify due and unpaid charges to the Eagle County Treasurer for collection. 1 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1992, 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:10RD92.3 2 ~'o~~FC~4~ - ' ~ A RESOLUTION NO. 4 SERIES 1992 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO OPEN A FRANKLIN ADJUSTABLE U.S. GOVERNMENT SECUR{TIES FUND, OF THE FRANKLIN GROUP OF FUNDS {"FUNDS"), AND TO DEPOSIT OR WITHDRAW SUCH FUNDS OF THE TOWN !N THE ACCOUNT AS THE TOWN DEEMS NECESSARY OR DESIRABLE. WHEREAS, the Town of Vail, a Colorado municipal corporation, is authorized by its investment policy to vest in the various types of mutual funds; and WHEREAS, the Town wishes to open an account with The Franklin Group of Funds; and WHEREAS, the Town wishes to set forth the employees of the Town who are authorized to sign the share agreements on behalf of the Town, and to take any other actions as may be necessary to sell or redeem shares in the funds or to sign checks or drafts withdrawing funds from the funds account. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council has determined that it will benefit the health, safety, and welfare of the Town and its citizens to open a Franklin Adjustable U.S. Government Securities Fund account in the name of the Town. 2. Steve Barwick, the Administrative Services Director of the Town of Vail, or his successor in that position, Steve Thompson, the Controller of the Town of Vail, or his successor in that position, and Ron Phillips, the Town Manager of the Town of Vail, or his successor in that position, are hereby authorized to sign any share agreement on behalf of the Town, and to take any other actions as may be necessary to sell or redeem the Town's shares in the funds or to sign checks or drafts withdrawing funds from the accounts. 3. The Town shall hold harmless, indemnify, and defend the funds, its custodian bank (currently Bank of America}, Franklin Advisors, Inc., Franklin Distributors, Inc., and Franklin Administrative Services, Inc. from any claim, loss, or liability resulting in whole or in part, directly or indirectly, from the reliance from time to time, upon any certifications by the Town Council as to the names of the individuals occupying such offices and their acting reliance upon these resolutions, to actual receipt by them as a certified copy of a resolution of the Town Council of the Town of Vail, modifying or revoking any or all such resolutions. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of February, 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk c:wESO~us2.a RESOLUTION NO.4 SERIES 192 o,~t(,n M~!"''~' +-i rk A RESOLUT N AUTHORIZING THE TOWN OF VAIL T~ ~rEN •F THE FRANKLIN GROUP OF FUNDS ("FUNDS"), AND TO DEPOSIT OR WITHDRAW SUCH FUNDS OF THE TOWN IN THE ACCOUNT AS THE TOWN DEEMS NECESSARY OR DESIRABLE. WHEREAS, the Town of Vail, a Colorado municipal corporation, is authorized by its investment policy to vest in the various types of mutual funds; and WHEREAS, the Town wishes to open an account with The Franklin Group of Funds; and WHEREAS, the Town wishes to set forth the employees of the Town who are authorized to sign the share agreements on behalf of the Town, and to take any other actions as may be necessary to sell or redeem shares in the funds or to sign checks or drafts withdrawing funds from th funds account. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council has determined that it will benefit the health, safety, and welfare of the Town and its citizens to open account in the name of the Town, a F f ~ ..u.,c:...~.. ~ ~~~,.s Fug a . 5 . ~v~ ¢!~1 ~l a v~ .S.me.=w•~~-,, O.I ~n-rJs. 2. Steve Barwick, the Administrative Services Director of the Town of Vail, or his successor in that position, Steve Thompson, the Controller of the Town of Vail, or his successor in that position, and Ron Phillips, the Town Manager of the Town of Vail, or his successor in that position, are hereby authorized to sign any share agreement on behalf of the Town, and to take any other actions as may be necessary to sell or redeem the Town's shares in th~F funds or to sign checks or drafts withdrawing funds from the accounts. 3. The Town shall hold harmless, indemnify, and defend the funds, its custodian bank (currently Bank of America), Franklin Advisors, Inc., Franklin Distributors, Inc., and Franklin Administrative Services, Inc. from any claim, loss, or liability resulting in whole or in part, directly or indirectly, from the reliance from time to time, upon any certifications by the Town Council as to the names of the individuals occupying such offices and their acting reliance upon these resolutions, to actual receipt by them as a certified copy of a resolution of the Town Council of the Town of Vail, modifying or revoking any or all such resolutions. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of February, 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:WESOLU92.4 RESOLUTION NO.4 SERIES 1992 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO OPEN AN ACCOUNT WITH ONE OR MORE OF THE FRANKLIN GROUP OF FUNDS ("FUNDS"), AND TO DEPOSIT OR WITHDRAW SUCH FUNDS OF THE TOWN IN THE ACCOUNT AS THE TOWN DEEMS NECESSARY OR DESIRABLE. WHEREAS, the Town of Vail, a Colorado municipal corporation, is authorized by its investment policy to vest in the various types of mutual funds; and WHEREAS, the Town wishes to open an account with The Franklin Group of Funds; and WHEREAS, the Town wishes to set forth the employees of the Town who are authorized to sign the share agreements on behalf of the Town, and to take any other actions as may be necessary to sell or redeem shares in the funds or to sign checks or drafts withdrawing funds from the F funds account. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council has determined that it will benefit the health, safety, and welfare of the Town and its citizens to open an account in the name of the Town with one or more of the Franklin group of funds. 2. Steve Barwick, the Administrative Services Director of the Town of Vail, or his successor in that position, Steve Thompson, the Controller of the Town of Vail, or his successor in that position, and Ron Phillips, the Town Manager of the Town of Vail, or his successor in that position, are hereby authorized to sign any share agreement on behalf of the Town, and to take any other actions as may be necessary to sell or redeem the Town's shares in the F funds or to sign checks or drafts withdrawing funds from the accounts. 3. The Town shall hold harmless, indemnify, and defend the funds, its custodian bank (currently Bank of America), Franklin Advisors, Inc., Franklin Distributors, Inc., and Franklin Administrative Services, Inc. from any claim, loss, or liability resulting in whole or in part, directly or indirectly, from the reliance from time to time, upon any certifications by the Town Council as to the names of the individuals occupying such offices and their acting reliance upon these resolutions, to actual receipt by them as a certified copy of a resolution of the Town Council of the Town of Vail, modifying or revoking any or all such resolutions. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of February, 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:IRESOLU92.4 - RECD F E 8 - 4 1992 B~1NtVER CONSULTING ENGINEERS S ARGNITECTS BANNER ASSOCIATES, IN C. 2777 Crossroads Boulevard Grand Junction, Colorado 81506 (303) 243-2242 FAX (303)2a3-3810 605 East Main, Suite 6 Aspen, Colorado 81611 (303) 925.5857 January 31, 1992 Larry Eskwith TOWN OF VAIL 75 S. Frontage Road • Vail, CO 81657 RE: Booth Creek Rock Fall Hazard Mitigation Project Dear Larry: This is to advise that the above referenced project has now been constructed essentially in accordance with the approved Plans and Specifications dated June 1989. This is based on our on-site observations and testing performed during the reconstruction. This is also to remind the Town of Vail that in accordance with prior correspondence and reports, the Town must _maintain the integrity of the drainage system in order to safeguard the berm from failing. This includes removing rocks that fall into the trench, making sure that the poly-vinyl trench liner does not become exposed to sunlight and correcting any sloughing that may occur in the cut or fill slopes. If you have any questions, please let me know. Sincerely, BANNER ASSOCIATES, INC. NETH J.~BROTSKY P.E. Senior V ce-President KJB/rk a _ ~ REC'0 FEB - 3 1992 :,~~,,,~~r„ nvnunitu Rlc ~ ision T0: Dede.Ueto, Town Of Vail FROM: Jeane Noe, Channel 23 RE: Steve Miller addressing Town Council DATE: 1/31/92 As per our di~.cusion earlier today, we WOULD like to allow Steve Miller, the President of Vail Valley Community Television, to address the Vail Town Council in the near future. Steve would like to briefly welr_ome Jim Shearer as the Town of Vail liaison to Channel 23 and to provide information for the council regarding Heritage's franchise renewal. He would also like to field general questions from the Council regarding Channel 23. Please schedule Steve into either a work session or a regular . council meeting agend and let me know when he is expected. I can be reached at 94 -5657. Thank you! L1 s 1'c~tit Otiic~ 13os 7600 cm. CO 51620 KINSLEY GEOTECHNIC14L, INC. Consulting Geologists - Oil & Gas Managers Letter to the Vail Town Council i Jim Shearer 230 Bridge Street Vail, CO 81657 I am writing in response to the concerns expressed at various meetings during the last 2 or 3 months by local citizens about the Forest Service`s position on oil & gas exploration/exploitation in the greater Vail area. In 1961 I mapped the area from the Gore Range to State Bridge to Glenwood Springs, south to the Frying Pan valley, and east to the Red Cliff area for a major oil company. This mapping subsequently led to drilling of one test well south of Gypsum on Red Table Mountain Ca project I did not recommend). That test well end the final reports' indicate that the entire south half and the north east 1/4 of Eagle County, exclusive of the Blue River Valley from Silverthorne to Kremmling will not contain any significant oil and gas accumulations in the subsurface. The primary reason being: the majority of the petroleum producing rocks have been stripped sway, leaving only basement rocks and/or the lower part of the sedimentary section exposed in this region. l With regard to other potential minerals, ie. Gypsum, Gravels, Limestone, Gold, Silver (and other "Hardrock" minerals), I do not feel competent to express sn opinion on the possibility of economic deposits. In Exhibit A (attached) I have expressed some of my personal thoughts as to how these matters should be approached. Very t~ly yours, / ~ ~ ~ `Fred `Skip ` Kier ley Consulting Geologist Attachment: Exhibit A 1022KIN SK/sb P.O. Box 1414, Edwards, Colorado 81632-1414 -~=a-~~~ (303) 926-2731 I ti> EXHIBIT A This exhibit is part of a letter to the Vail Town Council. 1. We must realize that the Forest Service is bound by the law to offer lands under its ~uridiction for all sorts of uses including exploration and possible development of all mineral resources. 2. However, I believe that local "pressures" can control the methods of of exploration by being party to the necessary Environmental Impact Statements that are required. A recent expample: In eastern Utah an oil company was stopped from running a~seismic program because of the potential remaining tire tracks and damage to the flora and fauna. That problem could have been solved by insisting on airbourn seismic Cleaving only a pile of chips from a small drill hole every quarter of a mile and the human tracks equivalent to a dozen backpackers crossing the area. 3. Also, current mining law regires that the lands to be exploited must be restored to their "natural contour" after the completion of mining, drilling, etc. There is an excellent example of mining and reclamation west of Oak Creek in Routt County: Coal has been strip mined and the area has been re-contoured and re-seeded. Another example is right here in our valley: The gravel pit dust west of Edwards has .a "re-contour/reclamation program in effect, the east end of the mined area has already been reclaimed and that will continue westward as the area is mined out. The same is true of oil and gas drill sites: If the well is a dry hole, the area is re-contoured to it's original shape and re-seeded with local flora. If it is a producer, it must be reclaimed after the production has declined and the well is abandoned. ,G 1'~J N ~j' ~ ~ ~ 1 - L~ RECD FEB 1 ~ 1992 - 5TA1 ~ OF COLORADO DEPARTMENT OF HIGHWAYS ~~~e~T of yCy~. 222 South Sixth Street, P.O. Box 2107 - N Grand Junction, Colorado 81 502-21 07 (303) 248-7208 ° Fax (303) 248-7254 STS °F-~,°~"OPP STE (CX) 070-2 (191) Dowd Jct. Recreation Trai February 13, 1992 Mr. Rondall Phillips, Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Ron: The Colorado Department of Transportation (CDOT) has recently recommended to the Colorado Transportation Commission that funding be budgeted for construction of a bicycle - recreational trail extending from the South Frontage Road~at West Vail to Highway 6 at Dowd Junction. This trail would provide a critical link in Colorado's bikeway system, and would serve to take bicycle traffic off I-70, thus greatly enhancing safety. Funding is proposed under the Surface Transportation Program of the newly enacted federal Intermodal Surface Transportation Efficiency Act. This, recommendation was made based on the understanding that the Town of Vail is currently funding the design of the trail and has agreed to acquire any necessary right of way in areas where the trail will be outside of current CDOT right of way, and that this effort can be completed in time for CDOT to advertise for construction bids during the current federal fiscal year. In view of limited maintenance funds and personnel available . to CDOT and in consideration of the Town of Vail's strong support for this valuable project, I wish to request the Towri to commit to the operational maintenance of the proposed trail, leaving long term capital maintenance to CDOT. This would provide additional support for Commission approval of the project at their February 20 meeting. Thank you for your consideration in this matter. . Very trudly yours, - I~Z^•Y...~ R. P, Morton District Engineer cc: Cleary Clevenger ~ file WORK SESSION FOLLOW-UP February 14, 1992 Page 1 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8!89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements for County is not renewing contracts for snowplowing, ANNEXATION annexation. animal control, and police services. Cindy Callicrate (request: Lapin) and two others have been approached and are not interested in pursuing annexation. 7/27 UNDERGROUND UTILITIES IN LARRYIGREG: Work with Holy Cross Electric to New options for allocation of costs will be presented EAST VAIL establish special improvement district(s) for to Council in a timely manner to be included in the underground utilities in East Vail. required notification of the affected property owners in the proposed special district. Notices were mailed the week of February 3rd. Public meeting is set for 313/92. i 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. (Review 2118192) Ron checked will Bill Wood. Response was due 1124192. Bill checking on its whereabouts. 07109 SNOW REMOVAL ON PRIVATE LARRY; Research ordinance. First reading of proposed ordinance is scheduled for SIDEWALKS 2118192. 09117 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Public Works will present analyzed data by spring of (request: Levine) Association would like to see a couple changes, '92. which might include some of the lighting by Montaneros, which is too bright, and placing it in front of Gallery Row in the Treetops Building. I WORK SESSION FOLLOW-UP February 14, 1992 Page 2 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS i 11119 NEWSPAPER VENDING LARRY: What can be done to make these uniform and Scheduled for discussion at work session on 3/3!92. I. MACHINES locations less prolific? 12103 CONSENSUS BUILDING/ COUNCIL: Carl Neu will be conducting ahalf-day This special session will be held in the St. Moritz GOAL SETTING goal-setting session on Tuesday morning, 2118!92, Room of the Sonnenalp. from 8:00 a.m. -1:30 p.m. Work session will follow in Council Chambers at 2:00 p.m. 12/17 LIONSHEAD MERCHANTS MTG. KRISTAN: We have scheduled for 3/10192. (Merv, Kristan has spoken with new leader, Packy Walker. Peggy, Rob, Jim G., Ron, Kristan, Diana Donovan, Ned Gwathmey) 01107 VILLAGE LOADING AND EVERYONE: A community meeting with Arnie Ullevig Staff is organizing a report for discussion by Council. DELIVERY ISSUES was held on Wednesday, 1115/92. Scheduled for 2/25192 work session. 01!07 KINSLEY RON: Schedule a 15 minute presentation by Fred This presentation has been scheduled for GEOTECHNICAL, INC. "Skip" Kinsley re: oil and gas exploration in the the regular evening meeting on Tuesday, 2118!92. greater Vail area. 01121 EVENING PARKING MIKE ROSElSTEVE B.: Evaluate financial Research is underway. STRUCTURE FEES ramifications of eliminating parking structure fees (request: Lapin) after 6:00 p.m. each night. Further review summer free parking, generating numbers to show revenue and expenses if some nominal fee were to be charged. 01/21 BEAVER POND KRISTAN: Check with FEMA experts and Interfleuve One report has been received from Interfleuve. The REVITALIZATION to see what solution might be appropriate to Community Development Department is awaiting revitalize this pond (i.e., dredging or other means). receipt of two others. Report will be made to Council upon receipt. WORK SESSION FOLLOW-UP February 14, 1992 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 02104 HERITAGE CABLEVISION RON: Prepare new letter of protest for Mayor's Will do. FRANCHISE NEGOTIATIONS signature. XC: Newspapers, Dillon, Minturn, etc. (request: Lapin) 02/11 GLASS ORDINANCE IN ALL LARRY/KEN/STEVE FOSTER: Staff discussion and Will do. ATHLETIC PARK FACILITIES 02/11 HORSEDRAWN CARRIAGE KEN/LARRY: Prepare extension to agreement, Staff preparing recommendations for work session AGREEMENT including possible provisions for hobbling, dragging Scheduled for 3/3/92 work session. weights, and other options. 02/11 WEST VAIL INTERCHANGE KEN: Gather projected cost figures, impact on Ken will have recommendations by 3/3/92. TRAFFIC CONTROL resources, and when this can be implemented. (request: Osterfoss) 02/11 SCHEDULE TOURS OF PUBLIC COREY/KEN: Bob Buckley is the remaining Council WORKS AND POLICE DEPT. member who has not seen firsthand the facilities for both departments. 02111 PEDESTRIAN PATH FROM KEN: Provide signs or sanding to limit liability Completed. THE COVERED BRIDGE TO from slips on the build-up of ice. FORD PARK/PATH BEHIND THE WESTIN (request: Steinberg)