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HomeMy WebLinkAbout1992-03-03 Support Documentation Town Council Work Session VAIL TOWN COUNCIL. WORK SESSION TUESDAY, MARCH 3, 1992 X1:00 P.M. IN COUNCIL CHAMBERS AGENDA 1. Update: Art in Public Places Activities. 2. Request to Place a Portion of an Awning and its Structure on the Ore House Deck which Partially Encroaches on Town of Vail Land, 232 Bridge Street. Applicant: The Ore House -Larry Anderson. 3. Willow Bridge Update and Options Available for Construction. 4. Review of Horsedrawn Carriage Contracts. 5. Review of West Vail Interchange Traffic Control. . 6. Discussion Re: Parking/Transportation Plan Alternatives for Village Loading. 7. Information Update. 8. Council Reports. 9. Other. 10. Executive Session: Land Negotiations and Legal Matters. 11. Adjournment. C:IAGENDA. WS ti VAIL TOWN COUNCIL ' WORK SESSION TUESDAY, MARCH 3, 1992 1:00 P.M. IN COUNCIL CHAMBERS EXPANDED AGENDA 1:00 p.m. 1. Update on Art in Public Places Activities. Shelly Mello i :15 p.m. 2. Request by Applicant to place a portion of an awning and its Shelly Mello structure on the Ore House deck which partially encroaches on Town of Vail land, 232 Bridge Street. Applicant: The Ore House - Larry Anderson. Action Requested of Council: Approveldeny request to place awning and structure on Town of Vail land. Backaround Rationale: The Ore House deck partially encroaches on Town of Vail land. There is a current deck lease for this area. However, it is necessary for the applicant to receive permission from the Town of Vail to make any improvements. The DRB has reviewed the item conceptually, but has not approved the request. 1:25 p.m. 3. Willow Bridge Update and Options Available for Construction. Greg Hall Action Requested of Council: Give staff direction on how to proceed on the Willow Bridge project. Backaround Rationale: The bids for the Willow Bridge project came in overestimates. Staff has met with the contractor and discussed various cost saving measures. Staff Recommendation: Proceed with construction with minimal changes to the design characteristics. 1:55 p.m. 4. Review of Horsedrawn Carriage Contracts. Ken Hughey Action Requested of Council: Provide staff with direction. Backaround Rationale: The contracts between TOV and the horsedrawn carriage companies have expired. Prior to entering into new contracts, the staff would like to hear Council's views on the issue. Staff Recommendation: Proceed with contract development. 2:25 p.m. 5. Review of West Vail Interchange Traffic Control. Ken Hughey Action Requested of Council: Review and select desired traffic control plan. Backaround Rationale: Mayor Ostertoss has requested the Police Department to provide Council with projected costs, etc. to 1 ~ ti implement traffic control at the West Vail Interchange. Police staff have prepared several scenarios for Council review. Staff Recommendation: Do not provide manual traffic control at the West Vail Interchange. 2:55 p.m. 6. Discussion re: Parking/Transportation Plan Alternatives for Greg Hall Village loading. Action Requested of Council: Decide on Village loading recommendation to include in Master Transportation Study. Backaround Rationale: The Council requested, after the January 15, 1992, public input session, that options on Village loading be brought back to them so the Council could discuss which direction is appropriate to include in the Master Transportation Plan as recommendations. The Master Transportation Plan adoption by the Council is dependent upon the Council being able to support the plan's recommendations on Village loading. Staff Recommendation: Make a decision on recommendations the Council can support when the plan is presented for formal adoption. 3:25 p.m. 7. Information Update. 8. Council Reports. 9. Other. 10. Executive Session: Land Negotiations and Legal Matters. 11. Adjournment. C:VIGENDA. WSE 2 I TOWN OF VAIL and DAN DAILEY AGREEMENT THIS AGREEMENT is entered into on this , 1992 between the TOWN OF VAIL, a Colorado municipal corporation (the "Town") and DAN DAILEY ("Artist"). WHEREAS, the Town wishes to hire the Artist, as an independent contractor, to render certain services set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. The Town engages the Artist as an independent contractor to render, arrange, coordinate, and pay for all of the services necessary and desirable for the following: a) the design of an eight foot by ten foot glass mural for the Vail Transportation Center including the design of seven 1' x 1' glass blocks; b) the design and construction of a model of a street lamp for the Vail Transportation Center; and c) the construction and installation of the 8' x 10' glass mural including the seven individual glass blocks, collectively. The artists' services set forth in Paragraph a, b and c above shall hereafter be called the "Project". Should the Town wish to expand the Project, it shall give notice to the Artist of such expansion, and the Town and the Artist shall mutually agree to a fee and a completion date for the expanded Project. 2. Nature of Services The Artist will perform the following services during the period commencing with the signing of this letter, and with a completion date no later than A. Create the design and submit drawings and plans of the project for approval by the Town. B. Upon acceptance of the design proposal, design and purchase the materials necessary to produce the project as indicated on the drawings approved the Town of Vail Art in Public Places Board ("the Board") . C. Arrange periodically, and upon the Town's request for review and inspection of: 1 1 (i) Sample of materials to be used in the fabrication •r of the project, which samples shall be subject to the approval of the Board. (ii) Proposed installation/mounting methods. (iii) The work in progress relating to the fabrication of the project. D. Arrange the fabrication plan of the project including the specifications set forth in Section 2(a) above. The Artist shall be responsible for the actual installation of the Project, including all attendant costs. The Town shall attempt to provide the Artist with employees to perform labor, installation and electrical help to reduce the installation cost. E. Notify the Town of Vail Art in Public Places Board in writing ten (10) business days in advance if the projected date for completion of fabrication can not be met. F. Arrange for delivery of the Project to the site of the Town on or such other date as mutually agreed upon by the Town and the Artist. The delivery of the Project or any of its components shall occur no later than The Artist shall not be responsible for any delay in delivery due to accident, labor dispute, embargo, failure or delay of transportation, adverse weather conditions, acts of God, acts of civil or military Authority, flood, war, riot, or civil disturbance, or any other cause beyond the Artist's control. In the event of the occurrence of any of the events listed in this paragraph, the Agreement time shall be extended for a reasonable period of time based on the nature of the event causing the delay. G. Inspect the work periodically during construction and at completion of installation. The Artist will be responsible for the installation of the Project and all matters relating thereto. 3. Compensation ~As consideration for the Performance of the Artist's service, in accordance with this Agreement, the Town shall pay the sum of $60,000.00 as follows: a) $5,000.00 to commence design development. b) $5,000.00 for the completion of definitive drawings for the Project. c) $10,000.00 to commence fabrication of the Project. 2 r 'r d) $20,000.00 upon completion of prototype and approval of same. Not to be paid before July 15, 1992. e) $20,000.00 upon substantial completion of the Project to be paid upon final installation in place at the Vail Transportation~~ Center. 4. The parties may terminate this Agreement upon the following conditions: a) Either party shall have the right to terminate this Agreement in the event the other party is in default of any of the terms of this Agreement and such default remains unremedied for a period of sixty (60) days following receipt of written notice of the default by the defaulting party; provided however that nothing in this Agreement shall prevent either party from bringing any lawsuit based upon the other party's breach of contract for non-payment. b) The Town shall have the right to terminate this Agreement should funding for the completion of this Project not be obtained by the Town in the amount of $60,000.00 no later than June 1, 1992. Should this Project be terminated by the Town for failure to obtain the necessary funding, the Artist shall be entitled to retain all funds paid prior to the date of such termination, and the Town shall compensate the Artist for the cost of any subcontracts relating to the construction of the Project which the Artist is obligated to pay at the time of termination. c) The exercise of any right of termination as set forth in this paragraph shall be in writing, and shall set forth the grounds for termination. Copyright and the Project created pursuant to this Agreement shall remain the property of the Artist. The Artist, however, grants a perpetual, irrevocable, and non-exclusive license for public display including photographing and/or video-taping the final product. The Artist agrees not to substantially reproduce the Project described in this Agreement for any client other than the Town. 5. Warranty A. The Artist warrants that all materials and work will conform to the drawings, samples, or other descriptions given in all respects, and that all materials delivered in accordance with this Agreement shall be of good quality and workmanship, and free from all defects, and the Project shall conform to the characteristics and specifications set forth in the drawings for a period of one year. In 3 i~ . ~ the event defects are discovered during the warranty period, the Artist 1' shall promptly remedy such defects at no additional expense to the Town. The Artist warrants that the Project to be designed and constructed by the Artist will be an original design by the Artist and will not infringe upon or violate any patent, copyrights, trade secret, trademark, or any other rights of any third party. The Artist agrees to indemnify the Town, its agents, officers, employees, licensees, and assigns from all claims, losses, liabilities, damages, costs, and legal fees arising from any and all claims, demands, suits, actions, and/or proceedings which may be made or brought against the Town in relation to: (i) Any breach of the warranty set forth in Paragraph 5 of this Agreement. (ii) Any injury or alleged injury to, or death of any person or persons, or any damage to property, or otherwise arising out of or in connection with the Artist's negligence or willful misconduct in the installation and maintenance of the Project. B. The Town agrees to indemnify the Artist, its agents, officers, directors, employees, licensees, and assigns from all claims, losses, liabilities, damages, costs, and legal fees arising from any injury or alleged injury to, or death of, any person or persons, or any damage to property or otherwise arising out of or in connection with the Town's negligence in the performance of duties pursuant to this Agreement. 6. Insurance A. The Artist agrees to procure and maintain, at his own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the contractor pursuant Section 5 of this Agreement. B. The Artist shall procure and maintain, and shall cause any subcontractor of the Artist to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Artist pursuant to Paragraph 15 of this Agreement. The Artist will not be required to obtain Colorado Workman's Compensation or Employer's Liability Insurance until immediately prior to the commencement of the installation of the Project. 4 t C. Workman's Compensation Insurance to cover obligations imposed by the applicable laws for any employee engaged in the performance under this Agreement, and Employer's Liability Insurance with minimum limits of $500,000 each accident, $500,000 disease/policy limit, and $500,000 disease/each employee. D. General Liability Insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy should be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest provision. E. Comprehensive Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than $1,000,000 each occurrence and $1,000,000 aggregate with respect to each of the Artist's own, hired, or non-owned vehicles assigned to or used in performance of the Project. The policy shall contain a severability of interest provision. F. The policies required by Paragraphs D and E of this Section shall be endorsed to include the Town, its officers, and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers, or its employees or carried by a provider through any insurance pool, shall be in excess and not contributary insurance to be provided by the Artist. No additional insured endorsement to the policy required by Paragraph C above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Artist shall be solely responsible for any deductible losses under any policy required above. G. The Certificate Insurance provided to the Town shall be completed by the Artist's insurance agent as evidence that policies providing required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the Attorney for the Town prior to commencement of the project. The Certificate .shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be canceled, terminated, or materially 5 changed until at least thirty (30) days written notice has been given the Town. 7. Use of Name Each party gives to the other permission to use the other party's name, picture, portrait, photographs, if any, in all forms of media and in all manner, including but not limited to exhibition, display, advertising, trade, editorial uses, subject to the provisions of this Agreement regarding copyright and trademarks, with no violation of either party's right of privacy or other personal or proprietary right they may possess in connection with the Project or any incidental works made in connection with the Project. 8. Trade Secrets Both parties agree that all such materials and any and all matters concerning the Town and its affiliates or the Artist's services learned by either party during the course of the Artist's services hereunder are trade secrets and are not to be disclosed, disseminate, or otherwise revealed in any manner whatsoever to anyone. 9. Access to Site The Town will provide access to the site to the Artist, its employees and agents for the purposes of the installation of the Project . 10. Maintenance The Town agrees to follow reasonable instructions given to it by the Artist concerning the care and maintenance of the Project. The Town will make a good faith effort to permit the Artist to make any repairs on the property for a period of ten (10) years after the installation thereof. However, if the Artist's estimate for such repairs is unreasonable or if it is not possible for the Artist to the repairs in an expedient manner, the Town shall have the right to have the repairs performed by another party of its own choosing. 11. Delay of Installation In the event the site is not ready for installation at the anticipated time of delivery of the Project, the Town shall given the Artist seven (7) days prior written notice that such delay is anticipated. 12. Artistic Credit The Town agrees to use the Artist's name if the Town issues press releases or prepares articles relating to the Project. Notwithstanding the foregoing, the Town is not obligated to use the 6 I I r Artist's name in any advertising, publicity, or other promotional arrangements. 13. waiver of Claims The making of final payment to the Artist will operate as a waiver of all claims against the Artist except those claims arising from: a) Unsettled liens, if any; b) Faulty or defective work appearing after completion and acceptance of the Project; c) Failure of the Artist to comply with the requirements of this Agreement. The acceptance of final payment by the Artist will constitute waiver of all claims against the Town except those previously made in writing and accepted by the Artist as unsettled at the time invoicing for final payment. 14. Artist Incapacity In the event of the incapacitating illness or injury resulting in the Artist's disability, the Town shall have the option of terminating the work as set forth in Paragraph 4(b), or suspending any payment to the Artist during the period of disability. Should the Town exercise its option to suspend payments until the incapacitating disability ceases, the Artist shall notify the Town of the cessation of such disability, and the Town's obligations to make payments as set forth in this Agreement shall resume. Upon the death of the Artist or upon the disability of the Artist which lasts longer than sixty (60) days, the Town shall have the option to terminate this Agreement or to require the Artist's representatives to retain all necessary personnel to complete the work. 15. Damage The Town agrees that in the event of any damage done to the Project, the Town shall make all reasonable efforts to consult with the Artist prior to the commencement of any repairs or restoration, and should the Town determine to hire the Artist to make any required repairs or restoration, the Town shall pay the Artist for his services at a rate equal to the Artist's then prevailing hourly rate for comparable work and for any necessary travel expenses. 16. Copyright Notice The parties agree that there will be affixed by the Artist to the Project a copyright notice which shall include the copyright symbol date and the Artist's name prior to the completion of the work, and the 7 copyright notice shall be attached, if possible, to some part of the Project, or adjacent to the Project, all in a manner so that notice shall be visible in a manner and location as to give reasonable notice of the Artist's copyright on the Project. Any authorized reproduction of the Project by either party, for whatever purpose, shall include the copyright notice so that the Artist's rights to the copyright will be protected. 17. Assignment The Artist shall not have the right to assign his obligations hereunder without the prior written consent of the Town whose consent may be absolutely withheld for any reason whatsoever. The duties of the Artist set forth in this Agreement are personal to the Artist and are to be performed exclusively by the Artist as specified herein. 18. No Ac7encv The Artist shall not have the right to act as an agent for the Town or to bond the Town to any contractual obligations. Any attempt on the part of the Artist will be deemed a breach of this Agreement. 19. The Project may be relocated or deaccessioned pursuant to the Town's Art in Public Places guidelines, Paragraphs D and E, respectively. 20. Miscellaneous Provisions A. No alterations, modifications, amendments, additions, deletions, or changes to this Agreement shall be effective or binding on the party to be charged unless and until such alterations, modifications, amendments, additions, deletions, or changes are property executed in writing. B. This Agreement shall be binding upon an inure to the benefit of, the parties and the respective heirs, and legal representatives with the restrictions set forth in Paragraph 16 hereof. C. All headings used in this Agreement are for reference purposes only, and are not intended or deemed to limit or affect, in any way, the meaning or interpretation of any of the terms or provisions of this Agreement. D. All provisions of this Agreement are severable and the invalidation of one provision shall not operate to invalidate the entire Agreement. E. All notices required by this Agreement shall be made in writing, postage-paid, certified mail/return receipt requested. 8 t~ i F. In the event that action is initiated to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled such attorney's fees, costs, and disbursements as are deemed reasonable and proper by the Court. G. This Agreement shall be construed in accordance with the laws of the State of Colorado. H. In any action relating to the enforcement of this Agreement, jurisdiction and venue shall be proper only in the County of Eagle, State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement on the date first set forth above. TOWN OF VAIL, a Colorado DAN DAILEY, municipal corporation By: By: Rondall V. Phillips, Dan Dailey, Artist Town Manager ATTEST: By: Pamela A. Brandmeyer, Town Clerk 9 t . . any TOWN OF VAIL ~ 7S Soutb Frontage Road Department of Public Works/Transportation Vail, Colorado 81657 303-479-2158/FAX 303-479-2166 MEMORANDiJM T0: Ron Phillips FROM: Ken Hughey Greg Hall DATE: February 28, 1992 RE: Willow Bridge Options On February 11, 1992 the Public Works Department opened bids for the Willow Bridge Replacement project. The apparent low bidder was G.A. Western Construction Company at $442,259.00. The Town received five bids, the range of the four most responsive bids is $442,259.00 - $459,054.00. This is a difference of 3.8% between the high and low bid. It is apparent the Town received very competitive bids on the bridge project considering the Town did not receive any bids the two previous times the bridge was bid. In evaluating ~the~ range,_ and_ the closeness of the individual work items of the bids, they are competitive. The original overall budget for this project was estimated at $370,000.00 in August of 1990. The breakdown is as follows: Engineering Design $ 50,000.00 Construction Budget $300,000.00 Contingency S 20.000.00 TOTAL $370,000.00 This budget was based on costs for the West Gore Creek Drive Bridge Replacement which had a total cost of $219,371.51 in the fall of 1990. The breakdown of that bridge is as follows: Engineering Design $ 19,978.02 Construction Budget 5199.393.49 TOTAL $219,371.51 Memorandum Regarding Willow Bridge Options February 28, 1992 Page 2 The overall budget presented to Town staff the first of July 1990 following preliminary design was $413,633.00. The breakdown is as follows: Engineering Design $ 68,133.00 Engineer Cost Estimate $314,000.00 Contingency S 31.500.00 TOTAL $413,633.00 At this time, the Town staff made a conscientious decision to save $150,000.00 from the 1991 capital budget to be used in the 1992 budget to handle the Willow Bridge and other capital project's projected overruns. The budget presented to Town staff in October 1992, following final design and knowing the bridge needed to be rebid, having been presented a claim by the engineer for extra work, a decision to charge Public Works salaries to the project and adding a public relations budget was $470,350.00. The breakdown is as follows: Engineering Design and Miscellaneous $ 69,500.00 Engineer Estimate (prior to bidding in July) $325,000.00 Contingency 15g~(based on rebids) $ 50,000.00 Public Works Salaries $ 9,100.00 Additional Professional Fees $ 15,000.00 Public Relations S 2,000.00 TOTAL $470,350.00 After opening the bids in February 1992 the budget was $574,925.00. The breakdown is as follows: Engineering Design, settled disputes and rebid costs $ 76,275.00 Contractors Bid $442,500.00 Contingency 10$ $ 44,250.00 Professional Fees (initial construction survey) $ 1,000.00 Public Works Salaries $ 8,900.00 Public Relations S 2,000.00 TOTAL $574,925.00 One item to note, the engineer estimate in October was not based on the same quantity's bid in February. Through the bidding process last August and final design changes certain quantity clarifications were made. The engineers estimate of February was $360,500.00. Memorandum Regarding Willow Bridge Options February 28, 1992 Page 3 An evaluation of how the budget amount ballooned to its' current level is as follows: Additional engineering cost due to bidding $ 8,247.00 the project 3 times and a very lengthy and detailed design and approval process. Public Works salaries which had not been $ 8,900.00 anticipated to be included in the project budget. Public relations budget. S 2.000.00 TOTAL $19,047.00 The engineer, contractor and staff have found some savings in the bridge construction without affecting any aesthetic or structural characteristics. These include: By the use of rock caps versus a precast cap $ 7,472.00 to simulate the rock. Elimination of the abutment bearing pads. $ 3,200.00 Using masonry block versus concrete for the S 6.138.00_ planter walls. TOTAL $16,810.00 The evaluation of the Willow Bridge Costs versus other bridge costs needed to evaluate the aesthetic considerations. Since the low bid contractor also was the Town's contractor on the Gore Creek Drive Bridge, these comparisons can be accomplished fairly easily. Aesthetic Items Landscaping and Irrigation $ 13,085.00 Flags, Lighting and Plaques $ 21,070.00 Rock wall Caps and Column Caps $ 12,117.00 Rock Work $ 36,000.00 Spandrel Arch of the Bridge $ 22,000.00 Battered Wing Walls and Abutments $ 10,315.00 Concrete Unit Pavers $ 10,000.00 Planter Walls S 21.942.00 TOTAL AESTHETIC COSTS $148;959.00 , 5 Memorandum Regarding Willow Bridge Options February 28, 1992 Page 4 It is felt the engineer's estimate verses the revised contractor's bid took into account the aesthetic features. $425,449.00 versus $360,500.00 = $64,949.00 difference The area where it appears no consideration was given by the engineer and Town staff was the tightness of the site. We all had a concern about the tightness of the schedule and how that. may affect the costs, but no consideration was given to the tightness of the site. The time frame was the same concern everyone had on the Vail Transportation construction project. The contractors for both projects stated the schedule is not as constraining as the working conditions. In reviewing their Gore Creek Drive Bridge costs to the willow Bridge Costs, the constraint factor is very visible. The breakdown is as follows: Bridge Demolition $ 9,000.00 Earthwork $ 8,000.00 . Rock Rip Rap Placement $ 9,000.00 Bridge Work Itself $20,000.00 Pre Cast Work $10,000.00 Mobilization $20.000.00 TOTAL $76,000.00 The summary of the bridge results are a~s follows: Contractors Revised Costs $425,449.00 Aesthetic Concerns ($148,959.00) Tightness of the Site (S 76.OOO.OOI TOTAL $200,490.00 (Basic bridge in Vail outside core area with good site access and working room) Construction Cost of West Gore Creek Drive Bridge 5199.393.49 The design concept of the bridge was the same design concept for any Village core project. This is to try to achieve an old world flavor and character. Design elements of the bridge to achieve this include the rock facing, the battered (sloped) abutments and wingwalls and the arched opening. The second design concept is the enhancement to the pedestrian experience and to allow the pedestrians to interact with the area. Through the design process it became apparent, we were no longer designing a bridge, but a pedestrian plaza. A place where people would want to congregate. This change in focus was the Memorandum Regarding Willow Bridge Options February 28, 1992 Page 5 point where the staff, designers and Town boards realized this project needed to convey to our guests that this was a place of excitement and celebration, The design elements of the project to achieve the affects of a pedestrian plaza include; the pedestrian overlooks, the lights and flags .on the bridge, the lighting of the bridge from below, the pedestrian alcove to allow benches to be placed, allowing room for a path adjacent to the creek underneath the bridge, the bridge rail and rock caps. The third design concept was this project would be a demonstration project for the anticipated streetscape plan. The design elements of the project to achieve these results were the concrete unit paver bridge deck, landscaping of the project and the planters on all sides of the bridge. The above trys to explain the "whys" of the project costs. The next stop is to evaluate how to get the project constructed and paid for. There is certain work the Town of Vail can perform versus the contractor. Without impacting other Town projects and necessary maintenance work, Town crews can complete a portion of the work with a projected savings to the Town of around $5,000.00 Another option is since certain features of the project can be tied to a streetscape type project, these features could be paid for with RETT funds. This amount equals $35,027.00 for the landscaping and planter walls. The last issue is the $280,00.00 secured by the state. The bridge must once constructed pass a rating of 80 on the bridge rating scale. Criteria used to determine the rating includes such things as; structural stability, bridge width, roadway approaches and bridge rails. Any changes proposed to the design must be evaluated to determine if the rating is still intact. If the Town decides not to construct the bridge the Town will loose the $280,000.00 from the state. If in the future, the Town wanted to reconstruct Willow Bridge, a plain bridge in this location would cost $280,000.00 in todays dollars based on very competitive bids. The staff's recommendation is to build the bridge as modified by the Contractor and engineer, evaluate any additional savings which may be provided by Town crews most likely in a range of $5,000.00. Realize that the state has paid for the bridge and the Town has funded the engineering, staff salaries and aesthetic treatments. Memorandum Regarding Willow Bridge Options February 28, 1992 Page 6 If the Town decides not to construct the bridge the Town will loose the $280,000.00 from the state. If in the future, the Town wanted to reconstruct Willow Bridge, a plain bridge in this location would cost $280,000.00 in todays dollars based on very competitive bids. The staff's recommendation is to build the bridge as modified by the Contractor and engineer, evaluate any additional savings which may be provided by Town crews most likely in a range of~ $5,000.00. Realize that the state has paid for the bridge and the Town has funded the engineering, staff salaries and aesthetic treatments. Budget the full 10~ contingency costs, but hope for some .return. The Town has had a good track record with the contractor on claims, however, there are those unanticipated costs due to unforeseen circumstances and we know we have to relocate the utilities on the bridge during construction. The utility relocation fees are included in the contingency. GH/dsr GHRPWBCS i Memorandum Regarding Willow Bridge Options February 28, 1992 Page 6 Budget the full loo contingency costs, but hope for some return. The Town has had a good track record with the contractor on claims, however, there are those unanticipated costs due to unforeseen circumstances and we know we have to relocate the utilities on the bridge during construction. The utility relocation fees are included in the contingency. GH/dsr GHRPWBCS . ~{~liru. S Y - a,3, y~ M E M O RAN D U M TO: Ron Phillips, Town Manager FROM: Ken Hughey, Police Ch' Interim Public Work Director DATE: February 28, 1992 SUBJECT: Traffic Control at West Vail Interchange Town Council has requested an analysis of various options as it relates to traffic control at the West Vail Interchange. The Police Department staff has reviewed available options and feels the most viable are as follows: Option A: Increase Full time Seasonal Staff by seven (7) CSO's - $2935 per week _ - Pros: Would allow the TOV to provide seven day a week "as needed" response to the West Vail interchange for traffic control Cons: - Cost to provide service - What to do with the new CSO's when not di-recting traffic - Lack of available radios for coordination - Lack of available radio frequency Option B: Provide "reduced" traffic control coverage with existing CSO staff seven days a week - $1344 per week Pros: -Would give four (4) hours of traffic control seven (7) days a week - No additional staff Cons: -Availability of off-duty CSO's to fill-in needed hours - Burnout factor - Lack of available radios - Lack of available radio frequency - Difficulty in anticipating actual time periods needed to do scheduling . - Resources not available during non-scheduled hours Note: Police officers or other TOV personnel could be used, but costs would increase Option C: Provide minimal traffic control on selected days: $48/hr Pros: Would provide some relief on selected days of remaining ski season Cons: - Scheduling is non-scientifically based - Availability of off-duty CSO's - Burnout factor - Lack of available radios - Lack of available radio frequencies - Resources not available during nonscheduled hours. A negative feeling could develop in the community if we had traffic control on certain busy days and not on others. Option D: Not provide traffic control. Rather than "taking on" this .situation and run the risk of making it worse, we would not apply a bandaid, but rather work with CDOT toward a long term solution of .interchange modifications andf or traffic signals . Other Issues - Roadway is property of CDOT and not TOV - Roadway is not in TOV limits - annexation is in process - Liability/insurance issues _ Recommendation The Police Department staff recommends that we not provide traffic control at the West Vail interchange for the remainder of the ski season. We should, however, continue to evaluate the situation and work toward long term solutions. J . March 2, 1992 dd, These need to go in all the packets except for the Town Council members. (They have already received a copy of this letter in their packets.) Desiree _ IO~IN o~ 75 south frontage road vail, Colorado 81657 (303) 479-2116 ~ ..o ' . 1 M" .4 TOU~V OF VAIL ~ 7S South Frontage Road Office of the Town Manager Vail, Colorado 81657 303-479-2105/FAX 303-479-21 S7 February 24, 1992 Mr. R. P. Moston Colorado Department of Transportation 222 South Sixth Street P.O. Box 2107 Grand Junction, CO 81502-2107 Dear Bob: I am v~~-iting in response to your letter of January 6, 1992 regarding traffic control at the Vail Road/South Frontage Road Intersection. The Town of Vail shares your utmost concern for the safety of drivers, their vehicles, pedestrians, and others at this major intersection, as on all public roadways within our community. As you know, we have worked hard to balance the need for safety and traffic control at this intersection with the community's resistance to installing electric traffic control devices. Pursuant to the suggestion by Rich Penske and yourself, the To«m of Vail initiated the current aggressive manual traffic control system folio«~ing the Town Council's v~~ithdrawal from the new interchange / signalization project in 1987. We are pleased to hear from our consulting engineers, Selsburg, Holt & Ulle~~ig, that when traffic volumes are very high, the manual system often enhances traffic flow more effectively than an automated approach. I am disappointed to hear of the negative report you received regarding our current system of traffic control at this interchange. This report seems to be quite inaccurate and ill-informed. We respectfully request that you consider the care v~~e have invested in the current traffic control program before f~~ ~,~ing your judgement of its effectiveness. Given the. Town's concern for safety in this area, we limit the personnel assigned to tlvs duty only to those who are highly trained and experienced in traffic control. Contrary to the report you received, we do not, and never have, utilized volunteers or individuals who are inexperienced in traffic direction for this purpose. . MR. R. P. MOSTON LETTER FEBRUARY 24, 1992 PAGE 2 In order to insure seven day a week coverage, the Town employs nine (9) full time winter seasonal employees to supplement'a staff of three (3) full time year-round employees. The primary role of these twelve (12) employees is traffic . control at the impacted intersections, including the main Vail 1-70 interchange, the intersection of Vail Road /South Frontage Road, and the intersection of Vail Road/Meadow Drive. All personnel are provided with a minimum of forty (40) hours of instruction to enhance their safe and consistent traffic direction abilities. This training, comli~ined with daily field experience, renders these individuals more qualified to provide this service than the average uniformed/ sworn police officer. Please consider, as well, 33% of the current staff are returnees from one or more prior years in the same position. We began the manual traffic control program in the winter of 1988-1989 to pro«de for efficient traffic flow at the intersections cited above. The number of personnel stationed in these areas at any given time ranges from one to five, depending upon the traffic volume. These traffic directors are trained in . operating as a team and coordinate their efforts via portable radios, utilizing a frequency which is dedicated to their activities. I am hopeful you will consider these points raised regarding our traffic direction program. The Town of Vail holds serious concern for traffic safety in our community and we believe we are actually taking steps beyond those deemed mandatory to provide safe, efficient, and effective traffic flow at the noted locations. It may be that you did not previously receive the appropriate information on ~;-hich to base your request that our traffic direction activities cease, and we are hopeful you will reconsider. With a more adequate picture of the situation, we hope you will provide the To«Tn any necessary permission to continue our successful and safe program of manual traffic control. Thank you in advance for your consideration of the issues raised. I await your reply and, as always, appreciate the Department's spirit of cooperation in pro«ding our citizens and guest with the highest levels of quality service. Sinc ly, Rondall V. Phillips Town Manager cc: Vail Totem Council Ken Hughey Corey Schmidt ~ ~ ~ . ~ 3.3 •y I-' - y ' M E M O R A N D U M TO: Ron Ph• ip FROM: Ken Hu y DATE: February 28, 1992 SUBJECT: Horse Drawn Carriages The contracts between the Town of Vail and the horse drawn carriage companies have expired. Prior to renegotiating the contracts, it was felt appropriate to get Council input on the issue. It needs to be decided .up front, however, .whether or not the Council feels it is in the overall best interests of the community ' for the carriages. to be allowed to continue to operate. There have been several incidents which has caused some visitors and residents to question the value and safety of the service. - Should we decide to allow this type of service to continue, we would encourage support of strong measures designed to ensure safe operation of the service. This would require additional resources to provide for the retention of qualified personnel to monitor and test for driver training, equipment. compliance, monitor the health and training standards of the horses, effectiveness. of diapers, etc. In addition, we would like input an Councils thoughts on _ designated routes, how many companies, staging-areas in the Town and/or on TOV owned property, carriages vs. sleighs, etc. It is staffs recommendation that (1) the companies be allowed to continue operations, (2) the carriages not co-mingle in the "gated" bus route areas with existing traffic, (3) the Town should establish "off-limit" areas of operation, (4) the companies be charged for TOV expenses relating to ensuring/providing training, equipment safety, and other compliance issues, and (5) strict standards of operation be established and the companies be held accountable to these standards. TOWN OF VAIL ~ 75 South Frontage Road Department of Public Works/Transportation Vail, Colorado 81657 303-479-2158/FAX 303-479-2166 MEMORANDIIM T0: Ron Phillips FROM: Greg Hall Ken Hughey DATE: February 24, 1992 RE: Village Loading Issues to be Recommended in the Master Transportation Plan At the January 14 public meeting on the Master Transportation Plan, it was decided that Town of Vail staff would bring Village loading options back to the Council. The options available are varied and diverse, with any part/mix of options available for consideration. It is, however, important to first establish the desired goals regarding vehicular traffic and truck delivery in the Village. The options discussed below are based on a varied range and degree of vehicle restrictions. Staff has attempted to select a recommended degree of restriction based upon the input at the public meeting and input gained through the Parking and Transportation Advisory Committee's work. To develop ar. adequate foundation of the base issue, it is valuable to review statistics gathered by the Police Department at Checkpoint Charlie. This information can then be used as a benchmark by which to measure the degree of success after changes in restrictions are made. The information covers the 44,000 vehicles through Checkpoint Charlie during the period from September 5 to December 31, 1991, and is as follows: 1. Cars: (Total = 13,089/300) Request to enter the Core for tasks such as, small . deliveries, people, etc. Memorandum Regarding Village Delivery Issues . February 24, 1992 Page 2 2. Delivery Cars: (Total = 3,747/8.5%) ' These are cars actually delivering or picking up sizable amounts of goods. 3. Delivery Trucks,: (Total = 5,261/12%) These are trucks servicing restaurants, lodges, retail stores,. etc. and include UPS, Federal Express and the US Post Office. 4. Construction Vehicles: (Total = 4,255/9.70) These are vehicles associated with construction projects and service vehicles (plumbers, electricians, etc.). 5. Town of Vail: (Total = 1,790/4.1%) These are Town of Vail vehicles, including police and fire vehicles. 6. Taxis: (Total = 1,109/2.50) This includes taxis, van services and limo's. 7. "L~St" ~Tehicles: (Total = 14, 642/33.4%) These are vehicles whose occupants are lost, seeking directions, or are merely "driving around". It should be noted other .vehicles enter the Core area by coming in the wrong way via Gore Creek Drive and Hanson Ranch Road. Below is the Average Daily Summary for December Total Volume = 475 vehicles/day, which consists of: Cars 126/Day Lost Cars 159/Day Delivery Cars 45/Day Delivery Trucks 55/Day TOTAL DELIVERY 100/Day Construction Vehicles 40/Day Town of Vail 25/day . Taxis 25/Day Memorandum Regarding Village Delivery Issues February 24', 1992 Page 3 Options and Staff Recommendations 1. Modify Policies at Checkpoint Charlie. a. Eliminate 300 of the traffic (cars) through use of the 1~'z hours of free parking in the Vail Parking Structure for this type of need. Designate a desirable area of the Vail Parking Structure for short term parking. o Enforcement of this issue would be key to its success. Educate the users that the Town is providing convenient short term spots in the Vail Parking Structure, however, abuse of these spots will result in strict enforcement. b. Develop written policies concerning others requiring . access to the Village such as: ~ Cars without large amounts of goods to be delivered will not be allowed in the Village or in the loading zones. Use of the parking structure would be required for these trips.. • Trucks and cars that are making deliveries of large quantities of goods will be allowed access .to the Village load zones and will be given priority for these zones. Time will be limited to only what is needed to load or unload these goods. In addition, a permitting process could be established to access these zones. • The towing of vehicles for excessive time in these load zones will be strictly enforced. . o Construction work requiring parking will need to be planned and approved in advance by the Town of Vail Building Department and Police Department. o Service vehicles will be allowed limited access to some loading zones for emergency work only. Non- emergency service work should be scheduled for non-peak traffic hours in the Village. All service vehicles will need to contact the Police Department for a parking permit for both the emergency and non-emergency work. Memorandum Regarding Village Delivery Issues February 24, 1992 Page 4 • All loading zone restrictions will be lifted after 6:00 p.m., except that the zones in the Core (Gore Creek Drive, Bridge Street, Hanson Ranch Road from Bridge Street to Hanson Ranch Chute) will be a "No Parking Area" after 6:00 p.m. c. Investigate the possibility of locating "drop boxes" in designated places for overnight couriers. 2. Select choices from the following menu as desired by Council. a. Adopt the short term recommendations of the transportation plan or some variation. b. Eliminate loading zones on Bridge Street only. . c. Eliminate loading zones on Bridge Street and Hanson Ranch Road near Mill Creek only. d. Allow only morning use of the Gore Creek Drive loading (Lodge Promenade). e. Allow 15 minute parking below the Christiania lot (Gore Creek Drive) to remain "as is". f. Convert the 15 minute parking areas on the north side of the Christiania lot and adjacent to Riva Ridge North to delivery and service vehicles only. g. Install "One Way/Do Not Enter" signs further north on Willow Bridge Road. . h. Convert the 15 minute parking north of Willow Bridge to truck only. 3. Authorize capital improvements in an attempt to reduce the 33% "lost guest" number and those who enter the Village the wrong way. a. Move Checkpoint Charlie as recommended by Transportation Plan and Streetscape Plan. b. Construct the landscaped medians south down Vail Road from the Frontage Road. c. Look into informational and directional signing clarifications and modify as needed. Memorandum Regarding Village Delivery Issues February 24, 1992 Page 5 d. Construct entry feature monument signs at all entry points to pedestrian areas. e. Prior to construction of monument signs provide and install a standard sign which warns motorists with the wording "Auto Restricted Zone Ahead" at all pedestrian zone entry points. f. Install additional gates. g. Install additional check points. 4. Review the information signs and traffic control procedures at I-70 off ramps at 4-way. a. Test closing the Main Vail Ramps. b. Install portable variable message signs at the 4-way (Vail Road median) and the I-70 off ramps providing clear messages to drivers based on demand. c. Develop action policies for the following groups; (1) CSO's in Village, (2) 4-way traffic controllers, (3) checkpoint personnel, (4) parking structure operations and other Town employees regarding (1). enforcement, ~(2) who is allowed to access the Village and (3) when to tow. Evaluate disallowing certain traffic movements during peak demand periods based on traffic demands and circumstances. 5. Work with Vail Associates in designating allowed skier drop off areas. This would be in an attempt to recognize the problem versus banning all skier drop offs. The Town staff recommends that Council adopt the following options from the list above:' Short Term: 1 (a) , (b) , (c) , 2 (c) , (d) , (e) , (f) , (g) , 5. Long Term: 3 (a) , (b) , (c) , (d) , (e) and .4 (b) , (c) . Long Term Solutions 1. Christiania lot a. Resolve the ownership issues. b. Evaluate in greater detail: I Memorandum Regarding Village Delivery Issues February 24, 1992 Page 6 • Technological options of hand cart deliveries and small vehicle for deliveries and storage lockers. o Operational characteristics and regulations for . hand carts and small vehicles along with liability issues, storage problems and financing option. o Can the site be aesthetically compatible with the neighborhood and still operational for the truck delivery functions? 2. Other sites: a. South of Lodge at Vail ~ • Resolve ownership and legal issues. • Compatibility with International Wing development plans. • Vail Associates Concerns. ® United States Forest Service concerns. b. Gold Peak • Ownership issues. • Vail Associates concerns. c. Other sites The staff recommends a strong commitment on the part of the~Town Council to pursue a long term solution to the loading and deliver issue. 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J R 7 1 ' X' i Ili ~I~ j1. u D nti l i'r ~„1,.r'f : ~ Ate. ,r~,r s 1 ~ `p ~ ifs s . ~ - ~ . r f,4~~~. . y,~j z - B ~1 ~I` 5 ~ ~t .~?LL- ,c;, . _ asF. ~.y _ - ;~t. :,.4C ~ ~ ~ ~ YLy . '^t:, '.1 'X~ ~ ' _ ~ . y ' • .r' F _ 2' ^ ~ e.t t.. .-f ~ t^~7~ .k.r~t .:~~z:~~~~ 1 .'v~2 J •F.7~n' Oar„Q? 1G~.,,~: r~~ { ~-Fj" 'T^'^' `fir ~~$y~,Shi`t'- y'~^.H i~,~+.tr to C- 1, 2 ~^r~^.; er•.r y}h,,YN O t ~ } J:• ~ _ a , i s 'M ' ~sV r is-f y// vSL ~ 47~ ;'r gk'~'~ 'sue J..' ~ r j i fl N T t M7 ~ i,,. ~o; h 1jr Y ~r ~Y+'P .l ~ yyyyy ~ aa ' .S s ' ~ -o r.'x;: f :.,t~ ~ es~~. . , 5 r; ~ t Z_ '•~t!~}ly.~"=«;~'"~ ~ ,h"~A7~1~'fl 7. ..:.Z--, .d > -i. > S a.•i~rr fin{ ~ ~ ~ .,iS ~ ;t:: ~ t . ~:a;.: ` ~ ~ 1'iIIS 11CRF:I;hLNT, dated r~s of the /f~ d~~y of ii/~ ~ - ,,a ' A ~ ~ rid'. • :9~;8, between VAIL T,SSOCIATES, INC., a Colorado corporati~.a ~ _ . ~ ` ' ~ ~aereinaiter referred to vs VAIL ASSOCIATES), CiIRISTIANIh- ~ _ • •.~j ~;_-'~1liL,~ INC. , a Colorado corporation (hereinafter refcrrc::. X•'I to a:; CHR=STI~,NIA) , and the TOW\ Oi VAIL, a Colorado ;-,unit- _ __•ipai corporation (hereinafter referred to as TOWN): _ - W I T N E S S E ,.T H: ,,^j ~s WPiEREAS, by warranty deed dated July 8, 1963, VAIL ASSOCIATES conveyed certain property, including Lot d, IIlocJc _ 2, Vaii Village, .First tiling, according to the recorded • - ~ pia;. thereof, to CIIRISTIANIA, and on the s~~me day the above • _ ;parties executed an Ar,reeracnt, gated July £i, 1963, more i _ . cotrtr.only called a landowner's agreement; and ~ ` • Sn':-iEREAS, s•absequent to such sale to CHRISTIANIA, por- . tions of land owned by VAIL ASSOCIATES adjoining the lot ' ~ ~ ~ - sole :.o CIiRISTIANIA were replatted and are now designated as VAIL VILLAGE, FIFTH FILING; and . i~ilcRzAS, upon the formation of the TOWN, VAIL ASSOCIATES ~ • ~ c;~~dic~~ted the roads located on the plats within the bound- ~ arics of the TOWN to public use, and conveyed its right,... ~ - i - - a c- _ 11 . I j >e:a:{St: ~i,;rti:~ ~i i ~ r.i ~.52 ~ ~ r viy yT , ..~y Ts.: :?`:i' _ $ ~ - q ,,{bY~, ~ titlr and interc::~t in surh ro~~dwa~ s to thc:~ T W ~ ; 4: :.,ray, ' ~iccepting -such ~%'nnve,yancr• ~ ~ ~7nd • . • - A'I1ERE11S, s~ibsc uc.nt to s ~ ~ _ ~~~:~_t.._.:°~_... ; _ _ q uch dc~. ication and acceptance - ~`~~~=j ..J. ~ of the roadw~iys to the TOWN the TOWN, with the knowledge - = -:r; ara consent of PAIL ASSOCIATES and CF~ISTIANIA, constructed _ _ - V; . a roadw~iy across Lat P-3 connecting Gore Creek Drive and ~ Manson Ranch Road to the west of and in Iicu of. the connect- - _ ing roadway as shown on the plat of VAIL VILLAGE, FIFTH . _ PILING. and the TOWN intends that such constructed roadway will be made a public roadway end that the connecting road- ti w.~y shown on the pl~-~t of VAIL VIL7.AGE, FIFTH TILING will be " ,4 ~ - - ~ vacated and title transferred back to VAIL ASSOCIATES; and ~-.:I WHE~AS, it is in the interests of all the parties _ . • that these matters be clarifi~•a, ~'OW, THEREFORE, in consideration of the mutual promises • - m..de by each herein, r.hc p,-~rties arree as follows: _ 1. .VAIL ASSOCIATES will dedicate to the public and " ` convey. to the TOt~+7,~i ~a curved, forty foot (40') right-of-way - aCro:,~ the westerly portion of Lot P-3, VAIL VILLAGE, FIFTH - i ~°:FILT;IG (and CHRISTIANIA consents to such conveyance), pro- ' vided the TOWN will provide VAIL A:~SOCIATES an indemnifica- J ~ tion end hold harmless agreement for any liability or . ; -Z- . + Y3'~. ~ ~~i~si' ~'l~/fY .441~~~kY- •a t ~ t ~.1~f` ~ a~" r f ~4 r' ~ i~ i l~ tnT ~ ~S 'i~~ ~ - .Ff.+~ ~ ? yet t F.{i~5'~1~4 Sf~Q V ! t ? - i~ ! f 4 1 S 4 - 4` t iY ~ ! 'ti*ip ~3¢+ 6.} a~ ~ ; ~ ~ ~ ~ " ' incluclin thr defense of any liti- = _ A~ f •throatenrd ~liabil .ty C 9 Y:•.::.: , - ~ out of such dedication r ty..."_ . - Py ~.c~aten. cl,im or ~ 3einand) arising 1, ~j: , ~tY ;i n.; s . r + ` ~t. ~i a , -,and conveyance tc the TOWN. Should the TOWN not provide.. "`3~'`` ~ sueh an indemnigication and hold harmless agreement, then _:,F, the TOWN will institute appropriate condemnation proceed- , ings to obtain sLCh~ a roadway and will prosecute ouch ~-::-y;::~., :...proceedings to a successful conclusion as promptly as _ - Y _ _ . ~,;r:-, ~ possible . ~ : ' . ~ ~ k~~.'' 2. At the same time the TOWN will vacate the connect- r~- ff~_ r~ . - , i,., -R' ~ ing roadway between Gore Creek Drive and Hanson Ranch Road _ .A,,,_ as shown on the plat of VAIL VILLAGE, FIFTH FILING. Such , . _y ~ - - - vacated roadway shall revert to VAIL ASSOCIATES, and only . f . upon obtaining a fee simple title to such roadway shall VAIL ASSOCIATES be required to convey the substitute connecting era ra h 1. I ' ~ roadway as set forth in p g P _ • ~ 3. That portion of Lot P-3, VAIL VILLAGE, FIFTH FILING remaining after the subtraction of the new roadway,; ~ - ,together with a rectangular portion of the vacated roadway ' _ ' ~ adjoining Lot P-3,.VAIL VILLAGE, FIFTH FILING, forty feet : ~ - ~40') in width extending to the east between the aoutherl.y ~ ` +zv;: - ' 'right-of-way boundary of Gore Creek Drive extended and the r. . - j . :I -3- - . ' T K + ~``3.~ `eva .ems^y~~r Sl~i. ti ~S4° t :i ..var. ~ " .yr' ~ rh`~f ~ . ~ ~.~northarly rightrc g-way boundary •.ot.Nanson Ranch Roafl _ ~,t, ; ' ; •extended,. shall .g •e used for the purroses and 'uses as ~--~.5 ~ ~ ,,t~ . set ~ forth ~ for Lo+ P-3, VAIL ViLLACE, FIFTH FZLINCi, in ~ ~ t ~ t ~ L'ne protective e~ versants for VA2L VILLAGE, FIFTH FILING ' ~~filed for record .on November 15, 1965 'in Book 187 at .Page 353 ~f the real property records, Eagle County, . . Colorado 4. CHRISTIANIA shall receive identical easement ' . . ' " ~ ri hts in and on that g portion of the vacated. roadway des~~ribed in paragraph 3 above; adjoining Lot P-3, upon ~ - ~ such roadway being vacated and fee simple title vesting ' ~ in VAIL ASSOCIATES. At such time, VAIL ASSOCIATES will ' . - - • execute and deliver to CHRISTIANIA the necessary easement _ . grant in recordable form. 5. The non-exclusive perpetual easement and right to use Lot P-3 as and fora public parking lot for passenger f- automobiles granted initially by VAIL ASSOCIATES to CHRISTIANIA shall continue, but only for the westerly. por~ion of Lot d, Block 2, Vail Village, First Filing ~ conveyed by CHRISTIANIA to a third party. CHRISTIANIA, at tha time of such conveyance, will record the appropriate . - ' . document, in recordable form, showing such easement to run ~ • F• 1 . y ~ ^t ''3. her 1. + .-l1~ .F~`r YF .f { . ~r 'YY pp F 4 11 A l ;.i a- ~ S i Y r J ~ ~ ?„C., t •a.-(1. j j Yy~y.(Yb / ~ ~ .At ~ -•S A I f 5 ~ ~ ~ ~ 1 . S t 4 ~ L 9 "j4' Rt4',( ~S : .r .~]q~`y~~ .y. V 1 ! 4 ~z bJ f ttx ~ it ~ ~ ~ r, ~ ..s. `~e ~ .,;,,,1., w itl~ t•~,r~t `~ort.i.un'~'of Lot d, Block 2, Vait Villa e - - - ~y.. ~ - - , : irstr Filing, ~tit1d not with th~it ?or. lion of Lot d, F31ock ~ . ~ _ ~ x 2,:Vai1 V.illage`~, First Filing not convcycc~. - G. In th.~ event thit CIIRISTInNIA conveys fee simple ~ ~ ~ - t:.tle to the wc+f;terly portion cf Lot d, iiiock 2, v,~il Village, °irst~Fi.ling within the next /Bo days, anti troth the purchaser and Ci?RZS~TI1!Ir'IA execute and deliver to . - Vr1IL ASSL~CiATES la,~~c~owner's agreE~monts^ in the form attached hereto, and Lhe pu:'ch7ser has agreed in writing to the terns 3~• of this Agreement as they rei~~te to the ro~:dw•,ys, Lot P-3, VAIL VILLP,GE, FIFTH I'iZ.IA'~~, and the non-exclusive e~isement - , t~ - ::or parking, VAIL ~1.•.`'i4ClAT%S will waive all rights it has ' - . _ ~ ~ - - or. may have in the ac~rcrym,~nt ~.].~teci 3uly 8, 196 bc.~tween V 1SSOC ATES and .i1R ST 1lNrA ~~^.d the terms of the new AIL t I C Z Z , . landowner's agreement attached hereto shall take th~~ place , of such prior agreeu~ent; and spcci:ically, CHRISTIA~'IA and ~ ~ . the purchaser agree to conform with the rules r,nd regulations of the Planning and Architectural Control Committee, zoning . Lt~ws, protective covenants, r.rles ~~nd regulations covering i Vail Village, Fir:~t filing ~~nd Vail Village, Fifth Filing. ~ " . ~ - 7 . Tn ;.s aq rcemcr,t shall inure to the benef 1 t of and - . . ~ he 't,inding cpon the heirs, successor: and assigns of the L %_r . .`TT.. -5- X' i n. _ ~~r ; is>,. ..t.` e ,i\ SiSe;a;'F ~•e,~ _ ~yy ~ v:;~„-ati ~ ..;SrX.• :r J » -CL ~3 yaa'Sa" ' e ~..,j'L- ~ ,,a,~ 4G ~ Y ~ II ~ 1' n'J. Y ^s~.,, y C ; ~ t ~ ~ 1 ~ s 4 - C ~ 1 J'y ~ T ~4 ~i7x•Y ~y ~ L.r {e..y~ ?'~1 I~, C y ~ ` `r`~s~ Y, t. ;.4 4~ 1 M y''. ' t c _g,,S lJ. ~ t rr 4 4' t N N ! I 4yy ~~ki5 t4~i i i~~'jk~ ~ t by ~j ya ' a ~ :4 l~{ " S~r`i~~~ ~~`t. :p. I~ J( c ~ j; 1 S Y ~ l: ~t ~ S5 ~ ' ' `.fit' c ;i : l _ ti~r~ icb hereto. T1,~ mas~ulina of ~~rr~ word usrd herAin shall , .~r. ; a ``.r:,,~. uC,~:corigtrued to `include,,tha feminine and neuter gender _ t .S ..g. _ ~ th~•reof; zinc: tine singular the plural, whenever necessary s _ . . - fnr proper constr action. . IN WITtii:5S ~V H,;REOF, the p~~rties h~~ve executed this . ae:r.~~ment eifectri~e~as of the day and year first above . wzitten. VAZL ASS _IA' ZN,C. ~Y f.' ATTEST: . CHRISTIANIA-AT-NAIL, Ii: Sea 1) % ' ~Y.. - . 1n ~ } f." ~ rt liG i~~7~~ ~1 VA1 L, r ~ Y / ~-t.L- ATTEST: / ~ f r;. , / ~ . ~1 N-;` AATIFISD AND ApPROYED bay 31, 1968. t~; • 1d.C.T. , INC. _ ~ j; . F ~ , j By ~ ~ Ares dent h. ' . P~L t~~`: t~, ~ r' j UNPLATTED ~ , _ ' EAGLE COUNTY ~ ` ' WHITE RIVER f~ATIC ' J ~ , TOWN OF VAIL BOUNDARY UNPLATTED VAIL VILLAGE 1ST, PART OF TRACT B TYROLEAN CONDOMINIUMS VAI VILLA ist. FILING ® O CORNICE o E4S~ M: ADOW p~~ ~ AIL vN' C MOUNTAIN TRACT D • HAUS ATHLETIC APOLLO PARK 292 CLUB 442 • 52 VAIL TRAI AILVILCL GE WREN ' ' INTERSTATE SLiFZ RO BLO PLAUF~R Ig`' W \ ISL f I NG 500 ~ 385 ~ I TRA S ' cR AST 232 ,OH E = 3 • ,~ORSUC W 13 w , ~ LLAG ~ TENNIS COURTS 263 J ' CMILDRENS PARK I <.o GP RD~ ~ EXAS ?UCKSACK ~ ®C . 30 4~W OF K r^ P-2 WNHOUSE 1~ ' 280 ~ VIL A6ODS < 3 ~ r<ED LION a = 3 0 365 ALL ~~r - ~ H ~ sEASO s PARK _ aPNGH c R S 4 4 H TIAN TIVOLI - o N P-I n I I C 6 2 D-I 3B6 ~ 416 A 3 m TRACT A B ICYRANO'S TRACT F-I • F-2 FORD GOH~PEA TRACT E 298 MANOR AMPITHEATER 278 VAIL 315 305 30 595 NATURE 325 2 3 CENTER I R 302 4, 601 • 2 15VI LMS 7 B 395 GPEAKN \ ~ 620 O gg 18 TRACT F q58 \ JP\~'.1P~-~' ~ 4 392 I 85 ~ • 3211 10 ~ SOCCER FIELD C/~F 342 9 IT ~ SKI CL • TRACT A • fk CRC c 362 375 VA CHIIDRENS 498 VAIL _ SKI CENTER sae s r-~'.ar- __ttpp r VJ/t[(''jw~ 0~ r ~ D 1', ~°Y B ~ . ~ c~ .v ~L "p ~,"pv~~+"- 6' ~ rb ~ ~ ~d'a ~1~'~w0 W ~ I ~ ~ ' 1'. ~B~ -~~,r~ta •1'~ct Op~ .~U,. 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Y o-r~ ~3 b ~ 70 s~~ `I®® , _ ~ s>v,~'.`''-~ ~ t `,;tt {1 F ~l1~?2.88 /16~,COR i -.r~" '~'~~..Tf r a~4. Y"' x~ fi }r r ''S. Sa4.''r a+r; 1 j~t7' tr 04~ ' ~ 3 6 1 4eM f•~(R~ ~ C i,. Z g NO..._._-gym - - _ ~ , • , _ ~ , ~ . l~ ~ ~ . ~ ' ,1 / p}VEO - f . J ~ l~ J-. - ~ - lad . Or.K ~-i mow,. ~ I.:~ ~ o ~ SCALE I"' 10~ _r~ •IS.QO~ p ~SW)'~ ~ - - ' ' ~ i - ate. • ev ppR~ yy 1 ~1 ~ % ~ r 980 `p6 .10 /(9 i ' ' r 1 ~ ~Y "~kCH ~oqo ~ ® ~ ~ - a l - .1 ~ ~ . \ y . \ • ~ ~ ~ GORE CREEK DRIVE,(40'. Row) ~ . ~ ARCHITECTURAL -;SURVEY ~ .MILL •CREEK COURT...BUILDING ' b R _ u..)r °-xri.'~ VAIL COLORADO • . _ _ ~ -19..Tx' LOT i, HLOCK 5-A ~ - _ _ _ _ _ _ _ w.. VAIL VILLAGE FIFfH FILIIVG ~m osr ~ •wrnn ~ ' ' \ ,I \ ~ ~ ~ ~ , ~ \ F} ` Lun• ,.,Re, ® i • ~ A ' LOT i ~ ' \ s • • C'~ i . • ~ ' S loo real r~oao uru /1 ~ • ' ~ . ' `a, t,.° a. . ~ ~ \ I ~ ~ cxneluc scet,s , ~ R . If ).9? T 'f I ~ l .19.90' ~ ~ rt_ ~ S M']]'])' Y 1 ~ R) ~ • .s ale -,r?-r a \ `a~ ` ~ ~1 ~ - . \ ~G't' .'.1., ~ ' a5 'Johnson, Kunkel gyp, & Associates, lnc. ; . - _ uari su¢varmo r~rrs`o' avs. v..,-..': use v~ oema+ . ~]xe-sue wo-wla xe)-oeu ~ . ~ •ra 1. w ,fa ,.r + Rwr un. ~r 1fu, . ~ - q,". S ~ SCOTT ~ as OCT. 16, 1990 - A 1 Y \ y,~~ ,1~ TOWN OF VAIL ~ 7S Soutb Frontage Road Department of Public works/Transportation Vail, Colorado 81657 303-479-2158/FAX 303-479-2166 MENSORANDiJM T0: Town Council FROM: Public Works/Transportation Department DATE: February 21, 1992 RE: Acquisition of Rights to a Drainage Easement in West Vail The Town of Vail was contacted by Kent Rose, owner of Lot 10 Block C Vail Ridge Subdivision, regarding the presence of a storm sewer on his property - without the Town having any recorded rights for such a use. He has asked the Town to secure rights to use a portion of the property for drainage purposes by obtaining a drainage easement from him. The owner is asking. :•that; the:.building permit-.fees be waived for • ~ the construction of his house iii exchange for the granting"of a drainage easement to the Town. The Community Development Department estimates the building fees to be in the range of $4,000.00. The Town staff has investigated the situation and it appears the Town, indeed, has no recorded right to use any portion of his property for drainage purposes. The staff agrees with the owner that the rights to use the property need to be secured. It should be noted, however, that the sewer pipe is buried in an existing utility easement and does not "take up" any additional property. The storm sewer pipe actually crosses four properties between Davos Trail and Arosa Drive. The storm sewer pipe was installed during the 1987 street project in West Vail and although it appears Town staff received verbal permission from the owner to install the pipe, no legal rights to use the property for drainage purposes were secured. The Town, therefore needs to obtain drainage easements from all four property owners involved to clear up the issue entirely. Memorandum to Town Council February 21, 1992 Page 2 The Public Work's Department philosophy with past street projects has been to obtain drainage easements through grants of easement or determine whether or not if the Town has "prescriptive rights by use" to the land in question. The reasoning behind the approach is the Town is paying 100 of the cost of improvements in the neighborhoods and any easements necessary to complete these improvements should be the neighborhood contribution. In the Booth Creek Road project, ten drainage easements were dedicated at a cost to the Town by fourteen different owners - saving the Town saved around $40.000.00. The Public works Department has up to this point, obtained all the drainage easements associated with their projects, however, if an owner had refused to grant an easement, we are obligated to provide for compensation for the loss of value to the owner due to the imposition of the easement. The options in regards to the West Vail property owners are as follows: , o Explain the Town's position relating to street improvements and ask the property owners~to grant the easements. Argue that a storm sewer completely underground is in essence a utility. The pipe then is allowed to exist in the utility easement which is intended for such uses. o Investigate the potential of the Town having a claim to prescriptive rights by use, as a drainage culvert existed in the location and directed flows along these properties since the subdivision roads were in place. Securing rights to property by prescriptive rights, however, is no simple or inexpensive method as the courts make the final decision. o Obtain a short form appraisal to determine the fair market value for compensation of the loss of value to the property owners and proceed with negotiations to acquire the easements based on the appraisals. It would appear the full cost of this appraisal process is in the $5,000.00 - $7,000.00 range. If the property owners determine that a short form appraisal is the desired solution, the Town's options would be: o Counter offer the request with a value of compensation the staff feels is more in line with the easements in question (Total cost $3,000.00 - $5,000.00). The concern here is it may be perceived the Town staff is biased and unknowledgeable in the area of property appraisal costs. T Memorandum to Town Council February 21, 1992 Page 3 o Agree to the request of the property owner and waive the building fees and determine a value to compensate the remaining property owners for the easements acquired. It would appear that this would cost the Town approximately 58,400.00. In-kind services, improvements, waiving of fees, use of other lands rent free and so forth all add up to the value of consideration and should not be looked at as any less during negotiations, even though the costs may not be as real. . It is the staff's desire to obtain direction on which way to proceed as the requesting owner is in the process of submitting for a building permit and one of the big questions is will the fees be waived. It is the staff's recommendation to the Council . that the Town secure the property rights for a drainage easement from the impacted homeowners at a fair or equitable price. GH/dsr GHTCAOR.221 " _ EXHIBIT A " • ScC. 62.1005 L~(IFOIL41 tiEWSR.~CXS REQLIRED AT C.S.RTAL'I LOCATIONS (a) ine clutter and con3estion of numerous disparate types of .^.ewsneks at certain locations in the pufllic rights of •.vay is detrimental to the public safe:y, conve:uenee and general wei- far~. Accordingly, the public interest requires chat ncvvsrack faclitics of uniiarm and ca• ordinated const;uc*_ion and appeanrtce be utilized at such !Deacons. ' (bl ine City Mana3e- shall implement this poiic~ by de;cr^..ining, horn tirnc to tirae,~ " which locations require any suc'z fac~ities and by de:e-raining the standards for suet farlicies 'at each suet loescion. (c) The City Manas;e; shall make suet detezaiinations fat each such location only after holding a public lsearng on the subKct ac which al! persons interested shall be giveW a reasonabic opoor:unity to be heard. T'hc City J~tartage; inall conduct. a public hearing when it is brought to his at:e.^.tion by his own investigations, a tnrnber of the City Councl, • newspaper disc-:bator, dvic organization, citizcas, of •by any oche means, that c:-tsin to- caciors might require unifor;W newsnck far:Iities. Notice of suca public hcarzg shall be given to each person reasonably known to him to be maintaining a newsraek or newsrseks wit5in the public right of way, and to each person who has requested, in writing, that a public hearing be held. (d) In de:c.:..tnirg whlc:s IDeations, if any, require unifora newsrscY faclitics, the C<ry Manage- shall make the following findings: (I) the location concairs four or more news- racks wtthL'I a space of fifty (50) feet; (2) the location. is an area extensively used by the general public and carries a heavy volume of pedestrian traffic; and (3) such unifot~-i newsnck faclitics arc feasible at that Iocarion. ' (e) In detc;-nining the types of uniform We•xsrack faclitics :o be required at cash such locatio^., the City Manage; shall apply the following ,7uidelincs: (I) ice newsnck faclitics shall be located so as to tnaxi~ ire the public conve:sienee and safety, both as to accessibility co the newsrack~ and the use of the public right of way as a thorous~tfare, and the aest`setie appearance of the area. • (2) The type and appearance, including colors, of the newsnck faclitics shall blend with the surroundings of t`tc particviar location to the extent prac~cable. (4) ine most economical types of newsrack Facclitics :hail be selected, coruistent with the ends to be achieved. o (4) .absolute uniformity in size and connguntion shall not necessarly be required. For example, larger or multiple newsnck: may be pe-Witted fer bulky or Erequcadv issued publications and smalIcr units may be permitted for smaller publications or publieatioas with greater intervals of issuance. (5) Standards shall be specified so as to per-tit a reasonably wide selet::ion of newsraek faclitics available on the market. Manufac^sre:s shall not be specified by nar.:e unless equivalr..ts are also pet-Witted, not shall the standards be so na.:owly dawn as co restrict the scle.on to only Drat proprietary brand. (f)-The City Manage: shall reduce his findings to writing and shall give written notice thereof co the persons referred to in subsection (e) of this section prior to their implementation. (g) the City shall, at its czpcrssc, furnish. install and maintain the common supporting c__ „_,,.r,~4. Th~ ~i;.rributon of eacz: oublicarion shall, at their expense, filrrtish, install and maintain the individual newsrack uni;s. Except u appii<d by the City Mana3e:, t`sc provisions of Sccnon 62..1005 shall not anpiy to newsraeks installed and R,,;ntained pursuant to tiffs se^.ion. Subject to the foregoing, and except as otherwise deter- - mined-oy the CICy 1~tarLi;e;, the provisions of this division shall apply fully to newsrack facilit- ies iastailcd pursuant to phis section. {h} .3ft~ the City Manager has made said dete.:..inations, and acre: the Ciry has installed cane s::; por:i: 3 st^.:c..::cs or •re loeaaon is o4`ter.~ise ready for ::.t individual newsnck units to be irs:ailcd, no arson shall place, install. _,.i:ttain any newsraek ac that location • except. in confor;aarce with the standards preseibed tFice:ar by. the City JQanager. "Location" u used in the foregoing sentenec shall mean any place within one hundred fifty (150) feet of •thc-p[acc designated far the installation of said urifortn newsnck: urilcss it is separated t'tcrefzom by a steer or a sidewalk corns. Nothing hc:cirr contained than be con- • :trued co prevent a disc: cuter Eton: using a nonconforming newsnck during the period that (1) an adequate supporting sr;'treturc is not available.; or I:c.c~rrot obtain a conforming newsnck unit because one is not availa:olc; or (3) his unit is urdc:going, needed cuiacnance • or rep:i-s and a replaccmcnt is not rc:,sorubly av:i'.a'cle; or (4)`.: s diligcaL/ prc_cd?r:3 :o replace a unit; or (5) an eme;geWCy exisu during whicz he would otae:xise he preve:ttcd from distributing his publications by meatLS of a newsrack ac that loc:con, provided that he acts diligent;y to correct the situ=won. (i) ine relative location of individual newsrack units shall ~c dcternined and may be rotated C:om titre to ti.^.c by agreement among t'1c discibutors. Should they be unable to agree, c^.e City Muiager shall annually determine the relative locsco^. `oy lot. (Added 12~-74 by Ord. 1i45i ;iS.) EXHIBIT B Sec. 20-'4. Standards for t.'^.e Installation and ~isti~- teaanct of eWsracks in The Golden 4iall Area. News:acSa i, s°..aller cn p+:biie Rideaalk3, Dazs-~+ays aid a:: eeu is t,::t a: en kaow:: as The Golden h;a?':, as suc u:a is cesc=bed a:.d del:aesuc in Sac:icn 1 c' Ordinance No. 20E1, passer a.^^ sdcptec cn Ap::14, I~~, ~~rst be of aty~ ecrivale:~t to :Kodel 100 K•Jack Tiewapape.° Rsc~ with si".gie peces:al mot:.°:t eq~.:i~alen: to K-Jac~ Slagle Pedestal Mo::-.t ~:ocel 100, or such ot:.e: Wo~:.^.:;ng ce~:ces as may be approved by ::.e Public R%c:~ Dirzc;,c:, Wair:tained at all ties it gccd ozcez ayd repa~.° anc :.^s;as`eC only in the a:a:::ser a:.d at.evc1: Iocstr~or9 wit: r Z"he Gcicen Mal' a.*ea as approver by L~:e Fark! a:.d ~ eceation D:: ector; provided, . however, that rews:acics Pot CO .fOP~ 1:'.~ °„o SuG'1 6ta.":CSI~B A+hic. h are is ue on Oc:.ober 1, 197E, may be mainuiaed aL the places where *.hey a°e z.~:en locstec tr.tii Oc~be: 1, .979, u:,less sooner :emovec' oz the time fo: ca~pliaacz is exre::drd i.-~ individual cases fcz a period not esceeding sir (6) oa.~s if Lie Counc? deter~.ires f:cw info ~stioa aub~ittsd L~1at l:a.•dahip would of er~zse result . (A~e:~ded by Ord. Ne. 26?5, a 10/29~^i8. I EXHIBIT C 4-11-7 Newspaper Vending ~'Iachines. 4-I1-8 Application Procedures. (a) A newspaper vending machine may be (a) The mall commission shall review each installed only at the specific locations and in application for a permit or lease in accord- the manner for which such installation has ance wit:: the purposes and requirements of been provided as part of the mall construe- this cha?ter and recommend to the city man- tion. alter approval, approval with conditions, or denial of the application. (b) A newspaper vending machine is available to any publication that meets the standards ~ (b) The city: manager, after receiving a recom- for asecond class mailing permit, on a first- mendation from the mall commission as pro- come, first-served. basis, upon payment of a ~ vided in subsection (a) of this section, shall one-time fee to recover the then current cost determine whether each application for a of the machine. permit or lease meets the purposes and requirements of this chapter and approve or (c) A newspaper or publishing firm using a disappro~-e the application. newspaper vending. machine on the mall shall maintain the. machine. The city will (c) .The city- manager may adopt rules and regu- assess acharge for any maintenance that ~ lations establishing the process for accept- must be performed when a user has failed to ~ ing, re~•iewing, and approving all permit correct a maintenance problem within silty and lease applications- submitted pursuant days of notice thereof by the city. to this chapter, including the contents of such applications and the specific criteria (d) A newspaper vending machine permit that will be considered in the review process. expires when the machine is not in use fora Each applicant shall comply with' such period of sixty days. requirements. = (d) Each a?oiicant for a permit or lease shall obtain all required building, health, or oiher permits or Iicenses from all applicable gov- ernment departments. (e) The per^ittee shall prominently display the permit. . (fl Whene~-er any permittee desires to change . .the use or the location of the activity autho- ' rized b~- the permit, the permittee shall fol- . low the review and approval process required of a new applicant. ' i 4i=: EXHIBIT D _ DRAFT 10/89 NIMLO'S MODEL NEWSRACK ORDINANCE TABLE .OF CONTENTS SECTION 10-1201. Intent and Purpose SECTION 10-1202. Definitions SECTION 10-12,03. Permit Required SECTION 10-1204. Application for Permit SECTION 10-1205. Conditions for Permit SECTION 10-1206. Standards for Maintenance and Installation SECTION 10-1207 Display of Obscene Material SECTION 10-1208. Location and Placement of Newsracks SECTION 10-1209. Violations of Ordinance SECTION 10-1210:. Appeals SECTION 10-1211. City Manager's Designated Representative SECTION 10-1212. Abandonment SECTION 10-1213. Separability SECTION 10-1214. Effective Date - 3 - ~ I _ ~ NIMLO MODEL ORDINANCE ON NEWSRACKS Section 10-1201. Intent and Purpose. The City Council of the City of finds and declares that: (a) The uncontrolled placement 'of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights of way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. ' (b) Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances. (c) It is a matter of public necessity that the City of protect children and unconsenting adults in and on its public streets, sidewalks, transportation facilities and other public rights-of-way from viewing such public displays of offensive sexual material. Such displays are thrust indiscriminately upon unwilling audiences of adults and children and constitute assaults upon individual privacy. ' (d) The provisions and prohibitions hereinafter contained and enacted are in pursuance of .and for the purpose of securing and promoting the public health, morals, and general welfare of persons in the City of in their use of public rights-of-way.. Section 10-1202. Definitions. (a) Distributor shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way. (b) Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals. (c) Parkway means that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway that is not open ~to vehicular travel. (d) Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel. - 4 - (e) Sidewalk means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (f) Pictorial Material means any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing. (g) Any pictorial material is "obscene" if all of the following apply: 1) The average person, applying contemporary community standards, would find that it appeals to the prurient interest when the publication or material is considered as a whole; and 2) It depicts, describes or represents. in a patently offensive manner, sexual behavior as defined in Section 10.-1202 (h); and 3) It lacks serious literary, artistic, political or scientific value when the publication or material is considered as a whole. (h) Sexual behavior means the patently offensive representation, depiction or description of any of the following: 1) Ultimate sexual acts, normal or perverted, actual or simulated, including without limitation, vaginal intercourse between a male and a female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex.- 2) Masturbation, excretory functions and lewd exhibition of the genitals. 3) The actual or simulated infliction of pain by one individual upon another, or by an individual upon-himself, for the purpose of the sexual . gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation the thigh, genitals, buttock, pubic rey'_en, or, if such person is a female, a breast. . 4) Ultimate sexual acts, actual or simulated, between a human being and an animal. Section 10-1203. Permit Required.. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the City of _ any newsrack without first having obtained a permit from the {City - 5 - e • \ .y Manager} specifying the exact location of such rack(s). One permit may be issued to include any number of newsrack., and shall be signed by the applicant. Section 10-1204. Application for Permit. Application for such permit shall be made, in writing, to the {City Manager} upon such form as shall be provided by him, and shall contain the name and address of the applicant, the proposed specific location of said newsrack, and shall be signed by the applicant. Section 10-1205. Conditions for Permit. (a) As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the City, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury,, and for property damage sustained by any person as the result of the installation, use, or maintenance of a newsrack within the City of (b) Permits shall be issued for the installation of a newsrack or newsracks without prior inspection of the location but such . newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this Ordinance. Permits shall be issued within twenty-four (24) hours (excluding Saturday and Sunday and legal holidays after the application has been filed. A permit fee of $ is required. (c) Such permits shall be valid for three years and shall be~~ renewable pursuant to the procedure for original applications referred to in~Section 10-1204 and upon payment of the $ permit fee. (d) Stickers showing the permit number shall be issued with the . permit and must be displayed on the front of each newsrack at all times. Section 10-1206. Standards for Maintenance and Installation. Any newsrack which in whole or in part rests upon; in or over any public sidewalk or parkway, shall comply with the following standards: (a) No newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness. (b) No newsrack shall be used for advertising signs or publicity purposes other than. that dealing with the display, sale, or ~ purchase of the newspaper or news periodical sold therein. ' ~ - 6 - i I (c) Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order. (d) Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this ordinance. (e) Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that: 1) It is reasonably free of dirt and grease. 2) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted . areas thereof. 3) It is reasonably free .of rust and corrosion in the visible unpainted metal areas thereon. 4) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration. 5) The paper or cardboard parts. or inserts thereof are reasonably free of tears, peeling or fading. 6) The structural parts thereof are not broken or unduly misshapen. Section 10-1207. Display of Obscene Material. It shall be unlawful for any person to knowingly place or maintain any publication or material in newsracks which exposes to public view any pictorial material that is obscene. Section 10-1208. Location and Placement of Newsrack. Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this Section: (a) No newsrack shall be used or maintained which - 7 - projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part upon, along, or over any portion of the roadway of any public street. (b} No newsrack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, except to other newsracks. (c) Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than three (3) feet shall separate each group of newsracks. (d)~ No newsrack shall be placed, installed, used or maintained: 1) Within three (3) feet of any marked crosswalk. 2) Within twelve (12) feet of the curb return of any unmarked crosswalk. 3) Within five {5) feet of any fire hydrant, fire call box, police call box or other emergency facility.. 4) - Within five (5) feet of any driveT.~ay. 5) Within three (3) feet ahead or fifteen (15) feet to the rear of any sign marking a designated bus stop. 6) Within three .(3) feet of the outer end of ariy bus bench. 7} At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6} feet. 8) Within three (3) feet of or on any public area improved with lawn, flowers, shrubs., trees or other landscaping. . 9) Within one hundred (100) feet of any other newsrack on _ the same side of the street in .the same block containing the . same issue or edition of the same publication. 10) On any handicap access ramp. The provisions contained in Subsection (d)(5) of this Section shall not apply if compliance with the provisions would prohibit the placement of a newsrack for a distance of one hundred fifty (150) feet on the same side of the street in the same block. Section 10-1209. Violations of Ordinance. Upon determination by the {City Manager} that a newsrack has been installed, used or maintained in violation of the provisions of this - 8 - I ordinance, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition, and inform the newsrack distributor of the right. to appeal. Failure to properly correct the offending condition within five (5) days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of the order or to appeal the order within three (3) days after its receipt shall result in the offending newsrack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to owner under provisions of Section 10-1206(d) hereof, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the City's cost and expense of impounding, shall be assessed against each newsrack summarily removed. The {City Manager} shall cause inspection to be made of the corrected condition or of a ne*asrack reinstalled after removal under this Section. The distributor of said newsrack shall be charged a {$10.00} inspection fee for each newsrack so inspected. This charge shall be in additior. to all other fees and charges required under this Ordinance. Section 10-1210. Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Ordinance may appeal and shall be appraised of his right to appeal to the {Appeal Board}. An appeal must be perfected within three (3) days after receipt of notice of any protested decision or action by filing with the office of the a.letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten (10) days after receipt of the letter of appeal. Appellant shall be given at least five (5) days notice of the time and place of the hearing. The {Appeal Board} shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the {City Manager} should not be upheld. At the conclusion of the hearing, the {Appeal Board} shall make a final and conclusive decision. This decision shall be immediately appealable to a court of competent jurisdiction. Section 10-1211. City Manager's Designated Representative. {"City Manager"} as used in this Ordinance shall include his designated representative. Section 10-1212. Abandonment. In the event a newsrack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be treated it the manner as provided in Section 10-1209 for newsracks in violation of the provisions of this Ordinance. - 9 - ~ ~ t ' ~ " i Section 10-1213. -Separability. . If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid .or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 10-1214. Effective Date. This Ordinance -shall be effective thirty (30) days after its publication. Please send comments on this draft ordinance to: Newsrack Editor • NIMLO ' ' 1000 Connecticut Ave., NW ~ Suite 902 Washington, DC 20036 . M r - 10 - - i~~ h/, i ~ ~ r~} 11 x'1}7 ~-i ~1 . U ~ t ~ ~ ~ , ~ . - S ~ . a~d _ . , . ,;~.~,.s ,x ,1ff i 4. Wo'k' ~ n.f . ' 1 Y' ' ~~C'D F Ed 2 4 1992 ~ COMPANY ('oU,l/~/L ~ February 20, 1992 2 a~/ ~~~e~Y 5 i ~v~ Q Mr. Ron Phillips Town Manager Town o f Va i 1 C'fl~dGi~/ ~ 75 South Frontage Road Vail, Colorado 81657 / J ,3,9~/ 3 Dear Ron : s ~P ea? Enclosed is the summary report from the Goal-Setting Workshop conducted on February 18, I suggest that you distribute this report to Council as appropriate and schedule follow-up sessions with Council and the Administrative Staff to develop a final list of goals for the Town of Vail and subsequent implementation strategies. It is important that the goals be officially adopted and widely disseminated throughout the community. It is equally important that specific implementation plans be developed for the systematic achievement of each goal. This is especially true given the profound strategic nature of some of the goals which will require extensive negotiations toward new governance arrangements, expanding resource availability, and the garnering of public enthusiasm and support for the commitments necessary for achieving the proposed Town of Vail goals. In a recent telephone conversation with Pam, I proposed that a forum be established in the near future at which the Eagle County Commissioners and the Councils of Vail and Avon can share their respective goals toward establishing shared objectives and commitments. It seems to me, based upon my knowledge of your .proposed goals and those of Eagle County, that some significant 'breakthroughs can be achieved rather quickly that would establish a whole new consciousness about leadership for the future of the i entire Gore Valley and Eagle County areas. If I may be of assistance to you in completing the follow-up steps, please do not hesitate to contact me. Also, if you would like to discuss some of these ideas via telephone, please call me at 986-~ 8487, ? Pro-Med Management Division ? Government Leadership Division ? General Management Systems Division , 8169 West Baker Avenue Lakewood, Colorado 80227 Mailing Address: P.O. Box 36308 Lakewood, Colorado 80236 Telephone:303/986-8487 Mr, Ron Phillips February 20, 1992 Page -2- It was a pleasure having the opportunity to work with you, the Town Council, and the outstanding Administrative Staff of the Town of Vail. Sincerely r Carl H. Neu, Jr. CHN:amb Enclosure P,S, Ron, I forgot to mention in the report that I think that the number of goals should not exceed 8 to 10 for the Town of Vail, Therefore, out of the list of 21 proposed goals, the final list should be boiled down to 8 to 10 goals to which the Town of Vail Council is willing to make an asserted commitment for their attainment. ~S COMPANY REC'~ FE8 2 4 ~gg2 TOWN OF VAIL, COLORADO SUIyII~iARY OF KEY CONCLUSIONS AND OBSERVATIONS TOWN COUNCIL - ADMINISTRATION GOAL-SETTING WORKSHOP CONDUCTED ON FEBRUARY 18, 1992 S[JMMARY PREPARED BY CARL NEU NEU & COMPANY LAKEWOOD, COLORADO FEBRUARY 19, 1992 ? Pro-Med Management Division ? Government Leadership Division ? General Management Systems Division 8169 West Baker Avenue Lakewood, Colorado 80227 Mailing Address: P.O. Box 36308 Lakewood, Colorado 80236 Telephone:303/986-8487 TOWN OF VAIL, COLORADO SUMMARY OF KEY CONCLUSIONS AND OBSERVATIONS TOWN COUNCIL - ADMINISTRATION GOAL-SETTING WORKSHOP I. INTRODUCTION On February 18, 1992, the Town Council and key members of the Administrative Staff participated in a Goal-Setting Workshop as a sequel to the Council - Manager Team-Building Workshop conducted on January 28. The purpose of this workshop was to establish a preliminary set of proposed goals that would guide Council and Administration priorities and activities for the next three- to five-year period. II. KEY OBSERVATIONS AND CONCLUSIONS A. Exploration of Visions for Vail in the Year 2000 and Beyond 1. The visioning process Any strategic planning process which-eventually leads to definition of goals and implementation work plans usually starts with clarifying a common vision held by the involved parties as to what future outcomes should be for their organization. In the case of a community such as Vail, this process involves asking the participants to envi- sion their community at a given time; in this case, the year 2000 or beyond. Each of the participants from the Town Council and Administrative Staff were involved in defining as - graphically as possible their respective visions for the future of Vail in terms of what the commu- . nity would be like in character, makeup, physical attributes, population density, economic base, etc. The purpose of these vision drawings was to permit a sharing of individual perspectives as the basis for defining common elements which could be framed . into performance goals and implementation plans. 2. Elements common to the vision drawings The following elements were common to a majority of the vision drawings presented by the participants: a, Extensive landscaping throughout the communi- ty. b, An emphasis on high-quality recreation. c. Establishment of a "common" Valley government. d, Stabilizing the local population, e. Availability of affordable housing and employ- ee housing. f. Stream walk and recreation paths. g. Mass transit. h. No cars (cars are invisible within Vail) - truck loading. i. More public land (dedication of land for public use), j. Emphasis on year-around activities so that tourist capacity could be used fully through- out the year. k. Connecting of the ski areas; i,e., Beaver Creek, Vail, Copper Mountain, etc. 1. Clean air and management of the factors af- fecting air quality, m.. Recycling. n. Need for minor redevelopment to occur in certain parts of the community. o. Conference and Community Center. p. Quality guest services (quality demonstrated through behavior and attitudes of people). q. Establishing a 24-hour Information Center. r. Cleanliness of the entire community, s. Streetscaping with particular emphasis on I- 70. t, Cemetery. 2 u. Population of the Town of Vail to be approxi- mately 4,000 to 4,500; population of the extended Vail area may reach as high as • 25,000. v. Diversification of the economy by bringing in clean industry, think-tanks, etc. w. Public art. x. Environmental consciousness and preservation of the environmental heritage of the area (balancing environmental concerns with the benefits of development). • 3. Critical strategic factors which must be addressed- /managed The process of strategic leadership thinking re- quires the development of an understanding of those fundamental strategic factors which are the "desti- ny shapers" of the community and which must be managed or influenced by the community if it is to achieve its envisioned future. Quite frequently, the typical decision-making processes used within a community tend not to get at these fundamental factors to the degree necessary to truly guide the destiny of a community toward its desired future. Some of the fundamental key strategic factors identified by the group include: a. Control of land for public uses and future development. b. Control of future housing development. c. Keeping the "locals" in the Valley. d. Control of fundamental transportation issues • necessary for establishment of mass transit, etc. e. Gaining support among the public through developing consensus and collaboration of public and political bodies that will bring about a form of government necessary to guide the future of the entire Vail Valley. f. Availability of funding and other resources essential to achievement of community goals. 3 g. The active participation and support of Vail Associates and utilities. h, Establishing public/private/community partner- ships. i, Developing mechanisms that will bring about a consolidation of regional services in areas such as public works, fire, police, libraries, while still preserving the unique identities and elements of each of the communities. j. Commitment to a future-oriented thinking and e leadership that will permit more aggressive programs in housing, public land purchases, transportation, developing a year-around economy, environmental issues, recreation, aesthetics, pedestrian amenities, and land- scape improvements. k. Willingness to incur debt to achieve benefits essential to the future. 1. Nurturing a good relationship with federal and state highway departments for achieving the streetscaping of I-70, B. Froposed Goals for the Town of Vail Based upon the discussions described above, the following goals were proposed for the Town of Vail. Once the goals were proposed, each of the participants was given an opportunity to identify his/her "top six" high-priority goals. Listed after each goal in parenthesis is the number of Councilmembers and the number of Administrative Staff members who identified the goal as one of his/her "top six" high-priority goals. The proposed goals are: 1. Investigate mechanisms and initiate within two years a Valley-wide approach to providing services under one umbrella organization to solve common problems; avoid duplication, and improve the value delivered for tax dollars spent. (Councilmembers - 5; Administrative Staff - 10) 2. Acquire land as required for future employee hous- ing, transportation needs, open space requirements, and other public purposes. (Councilmembers - 5; Administrative Staff - 12) 4 3. Increase the greening of Gore Valley by planting trees, shrubs, and flowers with a special emphasis on the I-70 Corridor. (Councilmembers - 4; Admin- istrative Staff - 12 4. Keep Vail Associates locally owned and operated. (Councilmembers - 4; Administrative Staff - 1) 5. Build Town of Vail employee housing at Buzzard Park. (Councilmembers - 3; Administrative Staff - 1) 6. Construct a Performance Art and Conference Center as a Valley-wide joint venture within the next four years. (Councilmembers - 3; Administrative Staff - 10) 7. Facilitate construction of 100-300 units of local housing within the Gore Valley within the next five years - 50 to 75 units to be built within the next year. (Councilmembers - 3; Administrative Staff - 5) 8. Become a leader among communities by implementing an environmental strategic plan to address air quality, water quality, recycling, and chemical use. (Councilmembers - 3; Administrative Staff - 4) 9. Provide land, joint financing, .and a positive atmosphere for employer controlled housing that will always be owned by the Town of Vail and built by the private sector. (Councilmembers - 3; Admin- istrative Staff - 0) 10. Create a special Tourist District within the next two years within Eagle County and establish a business license fee for the purpose of funding marketing. (Councilmembers - 2; Administrative Staff - 1) 11. Implement a Village and Lionshead delivery plan which is as near vehicle free as possible. (Coun- cilmembers - 2; Administrative,Staff - 2) 12. Implement continuing quality improvement programs for all Town of Vail systems; i.e., the Deming approach. (Councilmembers - 1; Administrative Staff - 2) 13. Improve and expand guest services and economic base with increased commitment to quality and Town of S Vail and private sector projects, including mainte- nance. (Councilmembers - 1; Administrative Staff - 2) 14. Complete Valley-wide biking, walking, and country trail systems over the next five years. (Council- members - 1; Administrative Staff - 7) 15. Enlarge Town of Vail revenues without increasing taxes by controlling Gore Valley utilities, includ- ing the ski mountain. (Councilmembers - 1; Admin- istrative Staff - 0) 16. Develop a master plan for the redevelopment of Lionshead to take place over the next three years. (Councilmembers - 1; Administrative Staff - 0) 17. Enlist public and private funding cooperation for achievement of Town of Vail goals. (Councilmembers - 0; Administrative Staff - 2) 18. Increase areas for pedestrian and enhance existing pedestrian areas. (Councilmembers - 0; Administra- tive Staff - 1) 19'. Complete financing/implementation schedule and initiate at least one improvement in each of the following program areas within the next three years: m Transportation W Streetscaping m Environmental policy (Councilmembers.- 0; Administrative Staff - 6) 20. Work toward the creation of a year all-around economy. (Councilmembers - 0; Administrative Staff - 9) 21. Ensure that guests can comfortably and economically come to Vail and ensure that transportation within EdvonaVail is simple. (Councilmembers - 0; Admin- istrative Staff - 2) Footnote: The following item was identified as a desired implementation step for Goal No. 2: "Control 30 acres of developable land over the next three years within the Gore Valley." 6 It should be remembered that the list of goals outlined above is preliminary in nature and subject to refinement, consolidation, and rewording upon further consideration by Council in dialogue with Staff. III, NEXT STEPS A. Preparing Final Goal Statements It is recommended that the preliminary set of goals be reviewed and refined into a final list of goals to be adopted by the Town Council through Resolution. The goals that should appear on that list should be those to which the Town Council is committed over the next three- to five-year period. B.~ Developing Implementation Strategies, Revenue Policies, and Management Action Plans (MAPS) Listed on the next page is a flow chart of the goal- setting process as it evolves from a vision statement into specific annualized work plans and budgets, It is recommended that for each goal, the following be estab- lished: 1. A general statement of implementation strategies to be followed in pursuit of achieving the goal. 2. A clear definition of resource/revenue policy that will ensure adequate funding and resource avail- ability to pursue the goal aggressively. 3. Definition of annualized performance objectives for at least the next two- to three-year period which will serve as the basis for annual departmental work planning and budget preparation. 4. Clear assignment of responsibilities to individ- uals/departments that will have primary oversight for the achievement of the goal. 5. Establishment of evaluation criteria and appropri- ate monitoring processes that will permit periodic review of goal achievement status and assessment of the outcomes achieved. Contained in the last pages of the Participant Workbook used at the .February 18 workshop are examples of this process as implemented in the Town of Brooklyn Park, Minnesota: C. The goal list, once defined and adopted by Council, should be publicized widely throughout the community as the basis for ensuing dialogues between Council and other leadership groups throughout the community and the entire Gore Valley. 8 A l9UNICIPAL GOAL - SETTING PROCESS There are a number of approaches to .conducting goal-setting sessions for a community. A particular approach, that has proven to be very popular, is designed to address the following key areas: 1. Definition of a strategic vision for the community which serves as the basis for goal-setting and performance-planning to be used by the governing body and the administrative staff. 2. Identification of major "consensus points" held by a majority of the governing body relative to its vision for the future of the community. 3. Identification of critical issues and strategic performance factors which are the "destiny shapers" of the community. These critical issues and stra- tegic performance factors generally represent areas that must be addressed or managed by the governing body and the city's executive team if the community is to attain its vision for the future. 4. Defining specific outcomes that the council wishes to achieve relative to each of the critical issues and strategic performance factors. Once these specific outcomes have been defined, a careful identification needs to be made of all forces and ' factors working "for" and "against" attainment of these critical outcomes by the governing body, the city administration, and other leadership groups within the community that can contribute to the attainment of these specific outcomes. 5. Establishing specific performance goals that will _ lead to the attainment of the desired outcome and - define general policies, leadership directions, and performance priorities for the city. 6. Establishing revenue and resource allocation poli- cies to ensure the continuous availability of the necessary resources to achieve specific performance goals established by_the council. Assigning, if appropriate, specific responsibili- ties that must exist within the council, between council and the administrative staff, within the administrative .staff, and between the city and Y other significant leadership groups throughout the community if each of the goals is to be achieved. 9. 8. Establishing for each goal a set of annualized performance objectives and supporting Management Action Plans (MAPS) designed .to ensure achievement of community-wide goals in a systematic manner that guides operating programs and priorities for the council and administrative staff. 9. Establishing a goal-management and monitoring process which permits the governing body and admin- . istrative staff to have a comprehensive and coordi- nated view of all of its strategic, tactical, and operational efforts. 10. Identification of "breakthrough leadership targets" which reflect significant issues that do not seem to lend themselves to traditional decision-making practices and administrative procedures. These issues, frequently, are really ones that require extraordinary insight and commitment for their resolution, As such, these issues require whole new levels of thinking and perspective which must be integrated back into the goal-setting and MAP- ping process. ii. Conducting an initial assessment of the current quality and extent of governing body-administrative staff teamwork essential for goal achievement. Frequently, a community will have an outstanding set of goals and supporting objectives. However,. difficulties may arise in the implementation phases due to factors reflecting the level and quality-of teamwork existing between groups that must work in a collaborative manner. 12. Establishing communications processes through which the critical issues, specific performance outcomes, goals, and MAPS are communicated throughout the community so that all leadership groups and citi- zens have a full appreciation for the direction the city is taking and the role they have in the a- chievement of its goals. i 10. V ~VISION1 P E MISSION $ ~LEADERSNIP / OPERATING PHILOSOPNY R ~ ~ .L S I KEY STRATEGIC ISSUES & CRITICAL OUTCOMES I P . E (GOALS & STRATEGIES f C ~ T ~ REVENUE / RESOURCE POLICIES I ~ . V MANAGEP•1ENT ACTION PLANS (MAPS) I ~ i E ~ ~ , t S YEAR I YEAR 2 YEAR 3 ,YEAR I YEAR 5~ I 1 ~I ( ANNUALIZED OPERATING PLANS & I3UDCETS, ETC, 1 FEEDBACK R~ EVALUATION PROCEDURES TIME il. M PLAN FORMAT • 1. Issue 2. Background Information 3. Critical Outcome(s) That Are Desired 4. Specific Goals and Strategies to Be Used to Achieve Critical Outcome(s) 5. Revenue/Resource Policies to- Support Outcome - Goal Attainment 6. Annualized Management Action Plans a. Performance Objectives b. Key Action Steps • c. Staff Responsibility Charting (Assignments) d. Budgets (Operating and Capital) e. Evaluation Criteria • f. Other Considerations 12. _ ~ ~ ~J9Z 10HiVNETTE PFiILLIP~ P.O. BOX 537 CLEFK 3 FE~ORDER 500 6h0ADWAY (303) 3?53710 ~YtOTOR VEMCLE °i ~ EAGLE. COLORADO 31 G3 I (303) 323~S72o ELECTION ~ FAX (303) 3?3.7?O7 (303) 3?3.37?3 RECORDING • >ii~ EAGLE COUNTY, COLORADO February 20, 1992 Mr. Rondall V. Phillips Manager, Town of Vail 75 S Frontage Road Vail, CO 81657 RE: Eagle County Polling Places Dear Ron, Thank you for your letter of concern regarding the Eagle County polling places for the Vail precincts. In response, as you know, we have always tried to accommodate the voter, encouraging voter turn-out in all eighteen Eagle County precincts and we endeavor to assure all elections run smoothly. Pam and Georgie have been extremely helpful in the past in assisting us and now Martha has acknowledged her appetency to help. I want you to know we truly appreciate their support. However, a press release was mailed to all County papers last week reporting the Presidential Primary election for Eagle County which included the location of the polling places. That information has been printed, therefore, it is impossible to change sites at this late date. I spoke with Martha yesterday. We reviewed precinct boundary maps and I gladly accepted her suggestion she help select the polling place locations for the August 11, 1992 Primary election, keeping in mind the State Statutes we must follow and the convenience of the voters. Of course, availability for use of the site is certainly a consideration. We value this important input and are eager to find polling places that will be consistent•for years to come. We anticipate a light voter presence for the Presidential Primary and hope the confusion of the voters will be minimal.. February 20, 1992 Page 2 The Town of Vail staff should not endure any harsh inquiries from the electorate, but give them the Clerk and Recorder's telephone number for us to defuse. We appreciate the offer of the Town of Vail staff members assistance and look forward to working with them again. Sincerely i~ Johnnette Phillips Eagle County Clerk & Recorder FJP/jh cc: Vail Town Council Pam Brandmyer, Assistant to Town Manager Martha Raecker, Town of Vail Clerk Fi EC,E, v~E~ F~ 3 2 3 192 t ~ 5TA1 ~ OF COLOI~~.DO EXECUTIVE CHAMBERS ~p•cot Xc : TC o 136 State Ca itol ~ 'P\ Denver, Colorado 80203-1792 cOrFrr y pfl Phone (303) 866-2471 ^KE~ • ~2.1~ l/~l ~i Roy Romer Governor •February 25, 1992 The Honorable Peggy Osterfoss Mayor • Town of Vail 75 S. Frontage Road: Vail, CO 81658 Dear Mayor Osterfoss: I was pleased to receive the enclosed letter from Kim King. She referred to the February 14 chain reaction accident on Vail Pass. She said that the Vail emergency personnel did an outstanding job of securing people's safety. She was impressed with their performance. I am also. Please convey my thanks and commendations to all • concerned. I am proud that they are Coloradans and public employees. • Sincerely, - Roy mer Governor ' cc: Ron Phillips? • A ruary 16, 19J2 ' The I-Ionorable Roy P.a:~er, Govenor ~~:e ~ Y ~ ~ iJ ~~00 Last Eighth llvenue Denver, Colorado GOVERNORS OFF(C~ EII ~ ~:0 Dear Govenor R.ccner I am writing in reference to the chain reaction accident that occurred February lath, 4~n on west bound Vail Pn.ss. I would like to recognize the Grand Junction State Patrolman involved. :?is patrol car was totalled and his partner suffered debiltating injuries. In spite of his injuries, this Patrolman ran, with my husband, u~ the pass to warn oncaning traffic of the danger. I-Ie controlled a very dangerous situation and prevented a potential catastrophe; as cars and semis cresting the surrrnit had no Wdi'illrlg Of blac:lC 1C@ C;OI1d1t117nS an:.I ti1C aCi:idciit. 'I' here were nooplz, ~ ' cars and three semis scattered across the ~ti•est bound Lanes within five minutes of the accident. - , After Su~*mit County anti Vail energency personnel shou~eti, they also did ~ an outstanding job of securing; people's safety. They handled a very triclry fuel spill preventing; a potential disaster 'f7 cm •hap~aiing. ~ Considering the difficulty of energency vehicles arriving in a timely manner; these people 1Cent injured and frightened accident victims safe and w~u~n in their vehicles. '111e nrlss reonenc~cl after midni ;itt. tY4y auestion to you is how this accident can b~~ avoided in the future? I am a Denver native, business owner, and.American Airlines Flight Attendant, trained to h'tncile emergency situations. Diy }husband, a Vail Associates employee, and I carmute between Denver and Vail weekly. I would hope that the Hi~hcvay Department assess more accurately the potential for climate changes and road conditions. Out-of-State visitors take 65P:I.P.H. as the rule when signage doesn't state otherwise. Rental cars are what started this 30 car, three sea!.chain reaction accident. _ Nlay we please use highway funds to sign warnings of conditional changes s and can the Highway Department use better preventative measures to a save lives, Cars and dollars spent orl accident recovo~; ? Additi:,nal~ly , - let's rnake sure Rental Agencies equip their vehicles and out-of-state - drivers :for Colorado's changing eveatller conditions. '!'hank you for your consideration. Our families have lived in this state . for several generations. This incident not ~vitlistanding, everything you have done in your representation of us leas been great. Let's continue to work together to keen it that way and don't hesitate to ' call on me if I can help in any tvay. ~ R,es_nectfull y your , , ~11~~. Kits S. King e L~'~~ 1059 South.Ga ord St. Den er, CO. 802pg 303-7?.2-2825 -~3 . - . r~~;~' r ' _ 9~ ~ ' ~q TOWN OF VAIL ~ 75 South Frontage Road Department of Public Works/Transportation Vail, Colorado 81657 303-479-2158/FAX 303-479-2166 MEMORANDOM T0: Ken Hughey FROM: Todd Oppenheimer DATE: February 21, 1992 RE: Annuals versus Perennials In the~,Town's flower planting program the annual versus perennial argument i.s really more a matter of annual and perennial. We use a combination of many species of flowers and groundcovers, both annual and perennial, throughout Town. In Vail, some perennials act as annuals and we even use some vegetables as annuals. There have been some changes in the flower program since the 1990 season when I first arrived. We've increased the variety, sizes and colors of flowers used, converted some annual beds to perennials and converted some sod areas to groundcovers. The decision to make a particular bed annuals or perennials is usually subjective. I do, however, consider a couple less subjective things when choosing the type of flowers to plant. 1. The location of the bed - High visibility beds where strong, season-long color is desired will usually be annuals. Since all perennials bloom at different times, its necessary to plant a large mixture to achieve season long color. This means at any given time most of the perennials will be in foliage or seed and a few will be blooming. Annual flowers are bred for long, intense periods of color. They can't be beat where a strong statement is desired. 2. What happens to the bed in Winter - Winters in Vail are hard on many species of perennials. This is compounded by large quantities of ice and snow on a bed or by subjecting it to heavy traffic. Compressed, frozen soil will kill almost any root system. Flower beds that must accept this kind of abuse are usually annuals. A good example here are the beds at the four-way. r. , Memorandum Regarding Annuals vesus Perennials February 21, 1992 Page 2 On the subjective side, the use of annuals allows us to change our beds from year to year. Abed which is red and yellow one year, may be blue and white the next. I've received many positive comments and a few complaints from residents and guests about the Town's annual beds. Most of our annual beds are in the commercial core areas where the visibility is highest. Perennial beds can be found in most of the parks, the golf course as well as in the commercial areas. We will continue to convert some perennial beds to annuals where_it is practical to do so. Overall, our flower program is successful and I wouldn't suggest any major changes. Please let me know if I can provide additional information. TO/dsr R~v~sEd ~'n¢ ti 0 1992 ~ 1992 AMERICAN SRI CLASSIC o ~ PRESENTED BY U S WEST ' ¢ MARCH 2 - 8, 1992 u c cy~~ n a RSpRY Monday, March 2 TENTH AN N1 7:00 P.M. The Challenge BC -Centennial . VAIL & BEAVER CREEK 8:30 P.M. The Challenge Party BC -village Hall • ABM( ERIQCccATc Tuesday, Harch 3 SKI 'mil 11.00 A. M. ROLEX Legends Downhill Vail International Presenredby 1:00 P.M. Legends Downhill Awards Vail - Finish Stadium Hosted by Jerry Ford Wednesday, March 4 SergioTacchiniSkiWorldCup 9:30 A. M. ROLEX Legends GS HC - Centennial Subaru Downhill&SuperG 10:00 A.M. SUSARU DH Training #1 Vail - International Rolex Legends of Skiing VisaFocdCup 3:00 P.M. Legends GS Awards HC - Finish Stadium - 4.x00 P.M. America's Challenge BC - Centennial March 1-8, 1992 Parallel Preliminaries 7:00 P.M. Opening Ceremonies BC - Centennial 8:00 P.M. Welcome Party BC - Village Hall Board of Directors President Gerald R. Ford Thursdaq, March 5 Robert E. Barrett Carolyn S. Blount 7:45 A.M. Racers` Breakfast BC - Village Hall ]amesBerryCraddock 9:30 A.M. VISA Ford Cup Day 1 BC - Haymeadow Jack Crosby 11:00 A.M: SUBARU DN Training #2 Vail - International H. Benjamin Ihrke, Jr. Harry H. Frampton,lll 1:00 P. M. SUBARU DH Training #3 Vail - International John Gamsey 7:00 P.M. SRI MAGAZINE Legends of BC - Village Nall George N. Gillett, Jr. Skiing Banquet Pepi Gramshammer fames R. Greenbaum Steve N. Haber Friday, March 6 Martha Head William J. Hybl Elaine W. Kelton - .9:30 A. M. VISA Ford Cup Day 2 BC - Haymeadow Henry R. Kravis 1I :00 A.H. SUBARU DH Training #4 Vail - International Frank J. Lynch 1:00 P.H. SUBARU DH Training #5 Vail - international Fitzhugh Scott Michael S. Shannon 7:00 P.M. Public Draw Vail - Pepi's Deck Rodney E. Slifer Richard L. Swig Saturday, March 7 Oscar L. Tang 8:30 A.M. Sponsor Breakfast Vail - Cookshaek 11:00 A.M. SUBARU Downhill Vail - International John Gamsey 12:30 P.M. S[JBARU Downhill Awards Vail -Finish Stadium President E 6:30,P.M. Public Draw Avon - Walmart parking Lot 8:00 P.M. Ray Charles in Concert Vail - Dobson Arena -Presented by,, WordPerfect Sunday, March 8 11:00 A.M. SUBARU Super-G Vail - International 12:30 P.M. SUBARU Super-G Awards Vail -Finish Stadium 0 vAILvAI_rr:Y FOUNDATION A Project of the Vail Valley Foundation Post Office Box 309 Vail, Colorado 81658 • 303-476-9500 FAx 303.476.7320 ® .tee Continuing in the tradition of the 1989 World Alpine Ski Championships • ~ ~ rG..:::%'.:~J ' EAGLE BOUNTY BUILDING _ S> I BROADW,4V OFFICE OF THE P.O. BOX 850 BOARD OF COMMISSIONERS EAGLE. COLORADO 81631 (303) 328-8605 FAX: {303) 328-1207 EAGLE C®UNTY, C®L®RAD® AGENDA BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DAY MONDAY, MARCH 2, 1992 09:00 - 14:00 WORK SESSION -WEEKLY UPDATE MT. of the HOLY CROSS James R. Fritze ,County Manager 10:00 - 10:45 PENDING LITIGATION MT. of the HOLY CROSS ROOM Kevin Lindahl, County Attorney - 1Co45 - 11:00 ***BREAK*** 11:00 - 11:30 WORK SESSION -WEED MANAGEMENT PLAN MT of the HOLY CROSS ROOM Tom Girard, Weed and Pest Control 11:30 - 12:00 `r~~ORK SESSION - RE: WiZLITS LANE Keith Montag, Director, Community Development - Larry Metternick, County Engineer 12:00 - 01:30 ***LUNCH*** EMPLOYEE GET ACQUAINTED s 1J 01:30 - 01:45 CONSENT CALENDAR EACIE COUNTY ROOM ITEMS OF A ROU77NE AND NON-CONTROVERSIAL NATURE ARE PLACED ON THE CONSENT CALENDAR TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO SPEND ITS 77ME AND ENERGY ON MORE IMPORTANT ITEMS ON A LENGTHY AGENDA. ANY COMMISSIONER MAY REQUEST THAT AN ITEM BE 'REMOVED' FROM THE CONSENT CALENDAR AND CONSIDERED SEPARATELY. ANY MEMBER OF THE PUBLIC MAY 'REQUEST' ANY ITEM BE °REMOVED' FROM 7TIE CONSENT AGENDA. 1. BILL PAYING Linda Pankuch, Accounting Larry Clever, Controller ACTION: Approval subject to review by the County Manager. 2. PAYROLL FOR MARCH 5, 1992 James R. Fritze, County Manager ACTION: Approval subject to review by the County Manager. 3. Arr~OVAL OF MIl~TUTES Johnnette Phillips, Clerk to Board ACTION: Consider approval. 4. MOUNTAIN HIGH COMMUNICATION BEACON LEASE Dan Reynolds, Airport Manager ACTION: Consider approval. S. PORTABLE PERSONNEL Lrr-t BID Tom Solawetz, Building & Grounds Supervisor ACTION: Consider approval. 6. NOTIFICATION OF GRANT AWARD FOR OLDk:R AMERICANS ACT TITLE HI FUNDS Margie Gates, Director of Nursing ACTION: Consider approval. 7. LIQUOR LICENSE -RENEWAL 376 CORD, d/b/a. iV6'HI~'E, ~'VATER PACKAGF. STORE Kevin Lindahl, Attorney ACTION: Consider approval. 8. PROJECT AGREEMENT BETWEEN EAGLE COUNTY AND WRIGHT WATER ENGINEERS FOR MOUNT SOPRIS PROJECT James R. Fritze, County Manager ACTION: Consider approval. 2 ~ 4 9. PROJECT AGREEMENT BETWEEN EAGLE COUNTY AND WRIGHT WATER ENGINEERS FOR EAGLE COUNTY AIRPORT PROJECT James R. Fritze, County Manager ACTION: Consider approval. 10. RESOLUTION, CONCERNING REAPPOINTMENT OF JOANN GLASSIER TO THE BASALT REGIONAL LIBRARY DISTRICT BOARD OF TRUSTEES Kevin Lindahl, County Attorney ACTION: Consider approval. 11. FAIRGROUNDS ARENA PANEL BID Tom Solawetz, Assistant Buildings & Grounds Supervisor ACTION: Consider approval. 12. AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND VAH. RECREATION DISTRICT YOUTH SERVICES Allen Sartin, Finance Director ACTION: Consider approval. 13. RESOLUTION Ar Y'~OVING SPECIAL USE PERMIT FOR COLORADO HIGH COUNTRY CELLULAR, FILE NO. ZS- 317-91 FOR i rim UTII.IZATION OF AN EXISTING BUILDING AND TOWER FOR TOP-MOUNTED ANTENNAS - FOREST SERVICE PROPERTY NORTH OF DOWD JUNCTION Kevin Lindahl, County Attorney ACTION: Consider approval. 14. CONTRACT BETWEEN THE STATE OF COLORADO AND EAGLE COUNTY FOR THE WELL CHH.D SCREENING PRO; R~:1!"J Margie Gates, Director, Nursing ACTION: Consider approval. 15. 404 PERMIT APPLICATION FOR COLORADO RIVER ROAD Larry Metternick, County Engineer ACTION: Consider approval. 3 s 4 16. ACCEPTANCE OF FUEL AND LUBRICANT; AND HEAVY EQUIPMENT BIDS: COLLETT ENTERPRISES -FUEL D'ORIO DISTRIBUTING -LUBRICANTS 1992 ASPHALT PATCHING MACHINE 1992 4 WHEEL DRIVE MOTOR GRADER CAT 966 F LOADER Don Fessler, Supervisor, Road & Bridge Bill Smith, Supervisor, Motor Pool ACTION: Consider approval. 01:45 - 01:50 FINAL SETTLEMENT -ROY WESTON INC. EAGLE COUNII'ROOM Don Fessler, Road & Bridge Supervisor ACTION: Consider approval. 01:50 - 02:00 FINAL SETTLEMENT - TARCO INC. EAGLE COUMYROOM Dan Reynolds, Airport Manager ACTION: Consider approval. 02:00 - 02:15 LIQUOR LICENSE HEARING -BEAVER TRAP TAVERN EAGLE coU1V1Y Roots Kevin Lindahl, County Attorney ACTION: Consider approval. 02:15 - 02:30 AWARD ENGINEERING CONTRACT, EAGLE COUNTY BRIDGE STRUCTURE NUMBER EAG-028-00.1 EAGLE COUMY ROOM Larry Metternick, County Engineer ACTION: Consider approval. 02:30 - 03:00 . ~ ArI~~AL BY ROY MOSHER, RE: DENIAL OF FINAL PLAT AMEND. OF LADYBELLE VIEW SUBDIVISION, LOT 1 EAGLE COUMYROOM Roy Mosher Tom Allender, Planner, Community Development "aCTION: C®Ii$IdC.r ap : - THIS AGENDA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY -ALL TIMES ARE APPROXIMATE. THE BOARD WHILE IN SESSION MAY CONSIDER OTHER ITEMS THAT ARE BROUGHT BEFORE Tr. . 4 EAGLE COUNTY BUILDING _ 551 BROADWAY OFFICE OF THE ~ P.O. BOX 850 BOARD OF COMMISSIONERS ' EAGLE. COLORADO 61631 (303) 328.8605 fAX: (303) 328-1201 X1':4: "7.: '•F°~: jt,:. _ EAGLE C®UNTY, C®L®RAL~® AGENDA BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DAY TUESDAY, MARCH 3, 1992 09:00 - 12:30 AMERICANS WITH DISABILII gr:S ACT (ADA) SEMINAR 1FacIE coumYxooar ~ Gus Achey, Mountain States Employers Council THIS AGENDA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY -ALL TIMES ARE APPROXIMATE. THE BOARD WHILE IN SESSION MAY CONSIDER OTHER ITEMS THAT ARE BROUGHT BEFORE TT. SENT BY:EAGLE COUNTY 2-27-92 18:56 ; 3033287207- 3034792157;# 1/ 5 1 • EAGI F CQUNIY BIl~.DING 551 AaOADy/AY OFFICE C1F 7HE 'i,• PA. 6A% 650 BOARD OF COMAlISSIONEII;S h'• F.AGU:, COLOR,4Db 8163 ) (303) 3]58605 FA)E: (303) 326.7207 :'ti t:: .Zs'~'~ EP?CLE Call~dT~f, ~~LQIt~1pCJ ~?.G~NDA BQARD OF C{)UNTY CDIVIMIS5IQNL1~ REGULAR M~]~TIN+G I)AY MONDAY, MAR~i~ 2, 1992 • 0:00 -1o:a0 ~ wol~ sFSSraN - wE~.Y url,A'li"E are: Bur.~cs James R. Fritxe , County Manager 10:00 - 10:4 ~.~HAII~Q'i I.rIT~~aATI®N arr. ~r>~ ac~er ca~ss Rar~aa K+ evin Lindahl, County Attorney 11:00 - 11:30 ~VOdtK SF~ION - W ~,.C,r.r 11~iAletAGE11~NT PLAN an'q/tke aaL~ crross xooat Tom Girard, Weed and Pest Control 11x30 -1~:Q0 Wfa1tI~ SESSION - RE: W1LI.I'I'S LANE Keith Montag, biroct~r, Community i~velopment Larry Metternicl~, County Engineer 12:00 - 01:30 ~'~~L~dGH~#~ EL~9lt~ I~ET AG4~UA,~~~ ><,r.Jl~ SENT BY~EAGLE COUNTY ; 2-27-92 18 57 3033287207-' 3034792157;# 2/ 5 o~:~a - oi:~ car~sT E~c~ corrNtYiaOOM l78MSOFARO[l7PNEAl~ N17Ml~GMRWEIisldLNdTURBdREPLAGED 4NT6fH GVjN.TBN!'G1fENDAR 71~~lLLOW rSEBOAR?] f7F OOllN7Y COh4Jbaa.ut,A~d4S 7n SPEND T7S TIME d1VD ENERGY pN MOIL' IMPORTdA7P (7EMS v11? d 1E11Pa4E3' A(r~~4. .ANY C(7Atddt55lOA&R3lAYREQuES1'7FdArANiYBl~ FS 1t8A017V14D•3PROa! 7FIB CiCDJ~SAJ~!'L`AGF.ND.4R.lM) L9?M~ERED SEPARA7$LY. ANY J19~Jxfl'R Q!~ 7HE Fi1BddC d~ilY "~¢UE57'° ANY III tiL "RFdIiOVBL1 ° FROM THB ~pN3'BNI ACB]YDA. 1. ~II.L PA~V~ ~ . Linda Panltuch, Accounting Larry Glover, Cantrmller A~'~B~Nt Arru.~val subj~t ~ revi~v by the County+ Matrager. 2. ~~~~LL FQ3It MARCH 5, L~2 James 1L, Fritze, County Manager r~~; Y Y~1dT: Appa+oval subject tv review by the County Manager. 3. ,~°t~VAL CF MIlYU~'ffi Johnnette Phillips, Clerk to Board A~:'i x~l~t: Consider approval. ~6" NdOill~'~~lIIt~I ~C~ Cd:I'~CATI~ht B~~CCI~1 LR~iSE fan Reynolds, Ai.Y~.,.t Manager A~ i YEN: Consider app~val. S. ~+C)R'Y'E4BLR Y'ERS~]VPdIi.I.. I.~ r B~ Tpm Solawetz, Building ~ grounds Supervisor ACTIN: Considcx approval. 6. l~l~ x tr YCA~.'l[01~1 bp' G~ A~VAR~3 li'~AR ~I,HARIt ~ICRYC~NS ACT i<t~,,.~ III ~'iJl~1DS Margie Gates, Director of Nursing ACTii~l~: Consider appmval. 7. LJQ~IQR LICIIYSI~ - ]R&~l~VAL 376 COQ'. d/bta ~'a~i.~ ~Vt~trx~ I'ACI{AG~ ST~RR ~evirl Lindahl, Attorney ACTION: Consider approval. S. I~~ + CT A~G1~E:~l9EI~IT BaA, i ~~V ~..e~~T F.A~I.iC ~]?IJP~ITY Ai~~ 1~tICIIT ~A ~ r.~i l±~Cl~~ ~R M(AiIP('I' SOP'~IS PRO,~RCT Jrunes R. Fritze, County lager ACTIUI~d: Consider approval. 2 SENT BY~EAGLE COUNTY 2-27-92 18 57 3033287207- 3034792157;# 3/ 5 9. FR~DJ.ECT ~C.F,i~T BIETTVw ]~GI.~ IC~1U1V~.'~t A1VD $CxHT ~A~~ ENG~~:oS ~I$ F.A4iri~+ C~i]T1lTY Y~O1xT 1'~~~CT Jatuus R. Fri~tze, Comity Idtamager AC~~~Ns Consider a~,~,+~,~val. la. ~~,uT~GN, ~~N~:~~ ~ aF at~~NN CI,A~~,u~c'IYD , ~ ~~AALT ~~ION~, IDI~T~tICT ~4~~ ~F T~TEE,~ l~evin lindahl, County Attorney AC~Yt~?N: Consider approval. x~.. FA~~RG~TI~DS tet~ PAIeT~I. ~ Torn Svlawet~, Assistant Buildings a4c Grounds Su~rvisor ~iCTI(~N: Consider approval. 1~. A~~iw'u B~T~4u.:fa~T '~~G C(AIJIVTY GF EA~Y~, . S~'A~ t:BF CG~3H~IE(D t~ND ~ATi.? ~]ECRF,A~'j~1~ It~.~TItICT `YUL'r'~ SEIt~ICF~ ' A11en Berlin, Finance Dir®ctor ACTIGN: Consider approval. l3. ~gg~J~/~pp.Qp~I,,T~~.~~(~~~~TQ'''~~/Yy r'~,~y~gD~~~p7T~ q~~P~EryCpI*~3rLrgT,J~bE F~,rFr.~1~,4~p~'d~'yFrt~D~lvt 6.yy~d~~JyyyVSwtyyn++/~u+~vlY luarl~ TA.ry4~V~1~VgT~p~~B O..~pi~ISd~~JgW~i*,~p~ydT'~kJ~~~~~I~~+Aay74~I~F7~° ~17 YA i ~ ~i *J ~3.L~Y~jh ll~fl® L/F Ly1V l]rL~Y?7TiLV S~IILIDIN~i'r 1~1®T~A1~ '~[b~$ 7'i~iI~=1V~~~1'~`.~' 1 ~11~ ~1'~lN~~'! - FG~T ~~t~ICE Plt~r1']C NURT~ ~F I~Di~ JgJNC'1'iON Ifeviai Cotanty Attorney ~l~Ti®1~T: Consider approval. 14. C~1C~" i3t~T~~~,nT ~~m STATE +DF C4I.~D~AIDG A?NI~ EAGLE C~~J1VT~' FOB ~a~ ELI, ~~D SCI8EII0TIlV~ 1'~G~~A1b1C lViargie Gates, 3)irectvr, Nursing ACTIGNa Consider approval. 1 S. ~il4 x+,~~1Vd1T APPL~CAT~~DN FCDI~ C~1I~~ID(i ~BYdF.1~ ROAD Larry NTetternick, County Engineer . ~?CTI~1N: Canaider approval. 3 SENT BY~EAGLE COUNTY ; 2-27-92 1856 ; 30332872D7-~ 3034792157;# 4/ 5 I6. ACC~TAATC~ ~A~' FBI. Al 1,1L1J31~YCANT; A~(D ~1~'~l UIP1Vi~le1"I` ~~Sa C~LLET~' ~ n~ - ~Vl~L T!'4'IItIU I$ISTIii~L ~~dG - LT3~ItIC~N'['S 192 A,SF~AL~' »ATC~Ilo1~ MAt~tiu~ 1992 4 Vd~~.~;1L 1~R~F IVit:DT~~ 4~ CAT 9~d g+' L~A]D~:e~ Yin Fessler, ~upervisar, Ra~ad & Bride Bill Smith, Supervisory 1Vlotor P'oo1 t~CTd®1~Te .Consider approval. 01:45 - X1:50 ~1.VAZ, SE g ~ n ~ RAY ~F.~TCDN II~Ce ~ar~c~avr~rn~ROa~r I3an Fessler, Raad & Bride Supervisor ~C'i'I~1V: Consider approval. V1:50 ° V.4:~JV 811~4SiJ ~1L~YJSS1.91i9`i1~Y T~Lw! ilYOrs ~ac~awnm•Raa~ Ilan Reynolds, Aia~rt 1Manager AC'1'I[3I~T: Consider approval. 02x00 -02:15 LIQUQR I.Ia:SE G - ~~t1~~R T~A~ TAVF1~m1 ~cr~e cx~z,Nrr,~oone Kevin Lindahl, County Attorney AC'L~~N: Consider approval. 02x15 ° 02:3Q A~AIB~ ~14p~~~IIN~ C~N'~~AC~'g t~LE CQ><TN'I`Y BRA ST~d.Tu.: i eJli~ ~AA~2.I ~evo~ Larry l~etternick, CotAnty Fa:~iueer _ .~CTiI?N: Consider approval.. 02x30 - 03:00 A,r~r~AI~ RCY 10~~~~1tc9 REt DEI~TIAL F'BV1#.I. FL~I.T I.AY)~ ~ S~~IF~LSI~1~, 1[.d3T a c~znvr~xao~ Ray lVlccssher Tam Allender, planner, Community 13eve1apaaent Ar„ a ~~DN: Consider appeal. T}II8 A,GlTsNbA 75 PROs ~unu~ FOR 1NPORA+lATIONAL Pi7RP09ES ONLY • ALd. TIlbIL'9 ARS AFFROXa~IATB. TfAH BG1AR0 4KHf (.13 I1V 583970N MAY CONSIDffil OTHRR [f8M3 '!'HAT /tR8 SR~7GAT B~DgH t'~'. 5ENT BY ~ EAGLE COUNTY 2-27-92 ; 18 59 ; 30332872071 3034792157; # 5/ 5 1~ • EAGiF. Cc7lINTY BUILDING ~ S 5 I BRdApWAY t OFHCF [tF rl-fE P.O. AOX 850 ' BOARD OF COMMISSIQNEI~i ~ fAGLE, COLORAISp 8163) {303) 3I6.86U5 ~ FAR; (303) 326.7107 s..•,:~. ~W/t~i ,iYP~ BO~ItD ~F CC7IJA1~'X ~~MNTI~3I~NEI~ R~QaVJ'L~ 11~IEETIlVG I~AY 7i`U~?5.~~~, R~dAIt.CH 1992 V9i~ ° A~a~9Y lrL~l\~ ~ ~~A'Sfll1~lA.~.A7 tA~~ ~R4A1~!'7?J ~dLt~~E1VLi14 ' tx,~xr~r Gus Achey, Mounter Mates ~tplmyexs council • T91SS AG~VDA ~ PR'adGQl~ k~UR iNl~ORMATI~Nt1L P~1f~t~SFrS UNl.X- Aid.T1A66,4 f1REl: AP'P~aKiMATfG. T~lf~ BOARb wHII~ » sF.99IDN bIAY CQx5II7F.R li~rrac i!'HMS TEAT ARB BROUOfif a~-unB QA'. ~y TOWN OF VEIL 75 South Frontage Road Office of the Mayor Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 February 28, 1992 Mr. Kent Mueller Town Manager Town of Minturn Minturn, Colorado 81645 Dear Kent: On behalf of the Vail Town Council and our entire community, I extend strong support for the proposed Eagle River Trail, intended to span the distance between the Forest Service District Headquarters and the Minturn municipal parking area This multi-use path would be a desirable recreation amenity for the area, as well as a safe route for the many residents and guests who currently travel along this distance. As you know, funding was recently approved for construction of a recreation path linking the western portion of Vail, through Dowd Junction to highway 6. A . paved trail currently extends from Summit County over Vail Pass and through the town of Vail. The construction of the Dowd Junction trail,, in combination with a proposed Eagle River Trail, would represent a major step toward our goal of providing a safe and efficient system of recreation paths which eventually connects with the newly constructed trail through Glenwood Canyon. The Eagle River Trail could potentially provide access to various National Forest System Trails, as well, including Grouse Creek, Meadow Mountain, Martin Creek, and the Two Elk National Recreation Trail. Recreation continues to be our area's strongest offering and we are working - to together to provide quality amenities for a wide variety of outdoor activities. The Eagle River Trail will be utilized by bicyclists, hikers, joggers, kayakers and rafters, anglers and cross country skiers, and will play an important part in the overall recreational utilization of the Eagle River corridor. Again, we extend our full support for your efforts toward the Eagle River Trail goal. Sincerely, ~ r~~ Peggy Osterfoss Mayor SPEAK UP MEETING BATCH'S RESTAURANT ' FEBRUARY 19, 1992 5:30 PM Attendees Others Karen Kutz Ken Hughey Ron Stott Ron Phillips ~ . Mitch Imber Greg Hall - Scott Taylor Allen Knox Linda Stott Kristan Pritz Pepi Langegger Dick Duran Jim Schnebly Susan Scanlan Dick Neal Liz Webster Mazka Mosher Jim Gibson ~ - Tom Steinberg .Peggy Osterfoss The following is a recap of mangy comments made try those attending the Town of Vail's second community "Speak-Up" Meeting. A ~ designates individual speakers. ~ Peggy Osterfoss welcomed the community and introduced Bruce Chapman, to act as facilitator. ' ~`r What is the status of the conference center? - (Pe~~v Osterfoss: A presentation was given by the Performance Arts & Conference Steering Committee to the Town Council yesterday. Subcommittees will be formed to target the specific areas which must be addressed next i.e., financing, . programming, design,. etc.) ~'r Marketing dollars will be one of the most important things for the future of the _ Valley. We need to start more effectively marketing on a year round basis. We should have all municipalities and organizations in the Valley pay their fair share. /Tim Gibson: We are looking at various alternatives to fund marketing, including the possibility of forming a special tourist district in the County, with approval of the State legislature. The district concept would be premised on those who benefit, pay. The function would be for mazketing solely.) ~ Why don't we utilize the ski instructors who leave in the summer and go elsewhere in the world as "marketing agents"? (Tim Gibson: This is a good idea. The ski instructors represent a band of ambassadors we could utilize.) 1 ~ The Vail Valley Marketing Board Winter-Summer cross marketing effort needs to ` ~ increase. We need to tap into our winter guests to come back in the summer. ~ Why doesn't Ron or Peggy give a recap of things that have happened recently. (PegQV Osterfoss: Council goal setting was yesterday; Vail Housing Authority will be giving a report to Town Council on March 10; we are looking at various methods to fund both marketing and a Performing Arts and Conference center; the Council is focusing on additional land acquisition; we are currently landscaping the I-70 interchanges and are focusing on further landscaping.) ~ What is the timing on the interchange landscaping? (Ken Hu~hev: It's a 3-5 year project.) (Ron Phillips: Another high priority is the completion of recreation paths in the area. Tomorrow, the Transportation Commission from the State will consider $875,000 for completing the Dowd Junction path. We are working toward a system which goes from Summit County to Glenwood.) (Pe~QV Osterfoss: We are also looking at consolidation of services through the Valley; i.e., Eagle County, Town of Avon, Town of Vail -for transportation, recreation and other services.) ~ Have you considered consolidation of Police and Fire? (Tom Steinberg: Nothing specific has bee addressed at this point.) ~ Is the bike path plowed in West Vail on the south side? (Ken Hu~hev: No. However, it is plowed on the north side in West Vail. Some people like the trails to remain unplowed so they can ski and snowshoe on them.) ~"r What about keeping the Vail Pass bike path clear? Has the CDOT considered putting in drainage to keep the path clean? Summit County maintains their side beautifully; _ the Vail side is in poor shape. . (Ron Phillips: We have begun addressing this. The CDOT District 3 begins at the bottom of Vail Pass and goes west. The maintenance district responsible for Vail Pass is located in Denver. We will begin talking with the State to see' if we can address the situation.) ~ The Town needs to somehow separate the walkers from the cyclists on the paths. What about developing a walking path in addition to the bike path? (Tom Steinberg: Originally, it was intended that a dirt or chip path for walking be adjacent to the paved path. Perhaps we need to work toward this.) 2 ~`r What is the status of the streamwalk? (Ron Phillips: It's on hold.) ~z You need more signs on the paths. You should go over to Summit County to see an example of an excellent bike path system. ~`r What about traffic coritrol at the four-way stop? (Ken Hu~hev: The volume of traffic at the intersection makes it difficult; but our personnel handling the job are the best we've had yet. We are looking at having an underpass lSuilt at Simba Run, but there are no plans for new interchanges. The Simba project is 5-8 years away with a $2 million cost.) ~`r What about installing traffic signals? (Ken Hu~hev: It is hard to tell if that would hurt or help.) ~ What about pulling more of the traffic off at East Vail? . ~ What about putting outlying lots in East Vail? (Ken Hu~hev: There is very limited land in East Vail, but there has been talk about building a lot on Vail Pass.} ~r Are there any lots on North Frontage Road for free parking? (Ken Hu~hev: There is very limited parking at.Red Sandstone school,-the. "tot lot" is used on the weekends.} ~`r Why do all the buses seem to run five minutes late? (Ken Huehev: There is no policy like that.) . ~`r What about the East Vail interchange? How do you know it will look good? - (Ken Hu~hev: We are optimistic. We hope to enhance it with some larger trees.. It is a huge tract of land and we have spent a lot of money on the landscaping project.) ~ Is the soccer field free for parking? Can this be reserved for a Vail Associates/Town of Vail employee lot? It's usually full by 8:00 AM. (Ken Hu~hev: It would be difficult to draw the line on which employees would be allowed to use it.) 3 ~ What about solar driers (clothes lines)? Are they illegal in Vail? (Tom Steinberg: Yes. The law goes back 25 years to the Vail Associates covenants.) ~~r Could this be reviewed? (Tom Steinberg: This is controversial because they are tacky.) ~`r It seems like a ski resort should be more environmentally conscientious than that. - Peggy Osterfoss thanked everyone for attending and the meeting was concluded. s f - F,L ~ ~~is7R~~U7~1 • w c ~ 3/3~ February 24, 1992 ' TO: Vail Town Council FROM: George and Lizette Lamb RE: Proposed Utility Underground District. We have written this memo to clarify our "NO" response to the pall. Most importantly, we stress that we are in favor of the concept of undergrounding the electric lines within our neighborhood and we feel that the cost of the project should be borne by the immediate property owners versus others adjacent to the effected area and beyond. What we do not agree with is the proposed assessment methods which have been discussed and, specifically, the one detailed in the February 4th letter fxom Ron Phillips. We applaud the individuals who have. spent many hours attempting to finalize this project. However, we feel it is unfortunate that this group has not, at least recently, sought the assistance from others in our area who have offered help. In our opinion, our particular East Vail neighborhood is made up of reasonable and responsible individuals who collectively represent a majority favoring the project, but under a fair assessment basis. We have conscientiously not. made any effort to argue our viewpoint or attempt to change anyone's position in this matter, We feel it important that everyone make up their own mind, but with information which is clear and understandable. We were confused so did same research on our own. Page 2 Vail Town Council It is our understanding that the present proposal divides properties into four groups: 1. Vacant Lots (approximate assessment - $820-$860) 2. Developed Lots: Underground to Underground Service (same as above, per meter, i.e. duplex would be doubled) 3. Developed Lots: Underground to Overhead Service (approximately $1,700-$1,750 per meter) 4. Developed Lots: Overhead to Overhead Service (approximately $2,500-$2,600 per meter) Without arbsing the merits and "fairness" of assessing property types 1 and 2 at all or at what figure, we would like to point out the many different sub-categories of Types 3 and 4. A. Underground Requiring A Road Cut If a road cut is required to connect either a 'Tyne 3 or Type 4 property to the new Holy Cross transformer, the cost of that installation will be considerably greater than a connection which does not require a road cut or the power where the power has already ben buried across the road. B. Tvoe 3 Duplex or 4-Plea Metered at the Hojase In this situation, the main power line runs from the Holy Cross supply as one line is divided at the house. In our view, there really is not difference relative to connecting to a new underground Holy Cress transformer than that of a single family/one meter situation, To further illustrate both the inexact and variable/unknown nature of the proposed assessments, the following are two specific examples: n Page 3 Vail Town Council Tvoe 4 Duplex (Lot 3, Block 51~ As required by the town of Vail in 1991, the primary side of this duplex buried its overhead line across Juniper Lane to the overhead Holy Cross power transformer and in conjunction with a major remodel. Showing some foresight, conduit was installed for the eventual undergrounding of the electrical for the secondary side. Under the current _ assessment proration, both sides are being assessed approximately $2,500 or a total of $5,000. the actual cost of the recent undergrounding was $7,000. Twe 3 Duplex (Lot 1S, Block S) This property which we own is metered at the house and is undergrounded across Meadow Drive and to the overhead power pole. The new underground transformer will be in the same location. An, independent electrical contractor familiar with such installation has estimated the total cost to connect to the new underground facility to be $200=$400. The proposed assessment is $3,496.40. We are in favor of assisting over-burdened conversions, but it might be argued that these two properties are contributing more than a reasonable amount are are being over- burdened. VAIL TOWN COUNCIL REGULAR MEETING TOES®AY, MARCH 3, 1992 7:30 P.M. AGENDA 1. Ten Year Employee Recognition. * Rick Onorato, Police Department. 2. CITIZEN PARTICIPATION. 3. Consent Agenda: A. Approval of Minutes of February 4, 1992, and February 18, 1992 evening meeting minutes. B. Ordinance No. 3, Series of 1992, second 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. 4. Ordinance No. 1, Series of 1992, continued from first reading January 7, 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. 5. Resolution No. 5, Series of 1992, a resolution designating Colorado Surplus Asset Fund Trust, 1800 Glenarm Place, Suite 400, Denver, Colorado, 80202 as a depository for the funds of the Town as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. 6. Town Council Appeal of the Design Review Board decision to grant final design approval for a project at the Gerald R. Ford Amphitheater which included an expanded seating area and weatherproofing. Applicant: Vail Valley Foundation/Jim Morter, Architect. 7. Appointment of Local Licensing Authority Member. 8. Adjournment. C:WGENDA.TC