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1993-05-01 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL OVERVIEW WORK SESSION. TUESDAY, MAY 4, 1993 6:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA REVISED 5-3-93 1. Information Update. 2. Council Reports. 3. Other. 4. Executive Session: Land Negotiations. Legal Matters. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 5/11/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA. WS VAIL TOWN COUNCIL OVERVIEW WORK SESSION TUESDAY, MAY 4, 1993 6:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA REVISED 5-3-93 6:30 P.M. 1. Information Update. 2. Council Reports. 3. Other. 4. Executive Session: Land Negotiation. Legal Matters. 7:30 P.M. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 5/11/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/18!93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:~AGENDA.WSE VAIL TOWN COUNCIL OVERVIEW WORK SESSION TUESDAY, MAY 4, 1993 6:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. Discussion Re: Amendment 1 Impacts. 2. Information Update. 3. Council Reports. 4. Other. 5. Executive Session: Land Negotiations. 6. Adjournment. k~~~~~~ THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 5/11/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENOA.WS VAIL TOWN COUNCIL OVERVIEW WORK SESSION TUESDAY, MAY 4, 1993 6:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 6:30 P.M. 1. Discussion Re: Amendment 1 Impacts. Steve Thompson Backaround Rationale: This will be continued discussion regarding impacts of Amendment 1 on TOV. 7:00 P.M. 2. Information Update. 3. Council Reports. 4. Other. 5. Executive Session: Land Negotiation. 7:30 P.M. 6. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 5/11/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:~AOENDA.WSE Q4/26t93 14:51 'x'$303 329 8$2$ V90LF 8c 9LATRIN 1~OO1/UO3 x~ ' r~ LC WOLF ~ SLATKIN P~~ PgOPE55lONAL GORPOQA17ON AITORZ~I~YS AT LAW 743 PTASMlGAN PLACE JQNATtIADI L. MADISON 3773 Gi~&flY CREEK NO$1tI ,,,ne v r - DgNyLp, GOL08ADb go~oy-3837 TELEPHONfi (3tl3) 3S5.2S~49 I'ACSIMILE (303 379-8826 g ~-y Apri], 26, 1993 ~ ~o R j1'IA FAX T~ 1-+~79-2157 ~C S~S,S i d~! Lawrence A. EskWith Office of the Town Attorney Town of veil on/ Q 9'~ ~ 75 South F`~rontage Road 1° ~ C+ . a Vai$, CO 81857 ~"o~~ G~~',.S Re: Town of Vail / Vail Commons, Ltd_ c~~~' Dear Larzy: Y called yvu last week but Was toad that you were on ~tacation_ I hope you had an enjoyable time. We have been trying to resolve the issues created by re.asc~n o~ the location of the water line az~d the encr15achanents that 'were shown on the survey prepared by 7;ntermauntain Engineering, Ltd. and a.SSUed on March 2, 7.993_ I had previously faxed to you a aapy of a letter dated Marr~h 1.9, 199'3, addressed to myself from den Wright, president of Wright Water Engineers, Inc. Aftet I faxed you that letter, ~Te discussed the possibility of having the district verify, if possible, the estimated costs as set forth in Kerr Wright'ty letter. In that regard, z am faxing to you a. copy of a letter dated April 26, 1993, from Fred S. Haslee, Regulations Administrator of the Upper Eagle Valley Canaalidated Sanitation District. As you kno'w', my client is of the r~pinio~tl that the best way to resolve these differences is a price reduction to reflect the encroac~unent/easemg~t issues. ~i client had previously offered to reduce the price by $12,soo and assign the #'aur resxdent~.al taps that it owns. As we. previously discussed, my client had really thought that the value of the taps wtas somewhere around $1.2,500. Apparently, that estimate of value may not be correct given the limitation that the taps be utilized far employee housing. Therefore, in an effort to make this deal, 'Vail Comxnans, Ltd. would agree to a $25,000 reduction in the purchase price and assign the four residential taps to the Town of Vail. zn exchange, the Town would waive its objection to the encra~.ch~nents and water line 04/28/93 14:52 '$,`303 329 6828 VYOLF & SLATAIN C¢] 002/003 W03.F $c $~ATSI~7' PROPEBBIOICAL G8t4fiGww71¢ry Lawrence A. Eskwith April 26, 1993 Page 2 easement and agree to close and fund the transaction on May 3, 1993, as set forth in the First .Amendment to Contract. 'The above offer is, of course, contingent upv]n the Town's approval. of the environmental audit. Has the Town received the report? Are there any problems? If you do have the report, I would appreciate if you would forward a copy to me. Laxry, my client feels that it has done everything it can with respect to the encz'c~achment/easement issues. Vail Commons believes that the reduced Purchase price more than compensates the Town of Vail for these issues. This is especially true given that the mown dQSS not knora what it is going to do with the property and very weYl may utilize the water ~.ine as constructed. I look forward to hearing from you. very truly yours, WOLF SY,ATKIId Pro 5sional Ca t' - ~~~1 f JOxA ~ L. ISON JLM: acf Enclosure cc: Vail Commons, Ltd. (w/eras) n.4/26/93 14:52 $303 329 6826 WOLF 8c SLA7.'KIN 003/003 UPPER EAGLE VgLLEY 1+aNSOLIDAtED SANITfLTfON DISTRICT G•C FOpESr 11QwC • va14~ COLOgwo4 81657 S8o3) a~a7aso .PAX ~~Q31 °76•+48'8 April 26, 1s9~ "5etYt Via Telefax" Mr _ ~'onatharr. L . N[ad.isozz , Esq . Wolf & Slatkin 37T3 Cherry Creek North Drive, #'~45 DeA,`'Ar, CO $Q209-3827 RE: Va5.1 Commons, Ltd, - wat~+r Ling Dear Mr. Mad~.Son: The Distr~.ct has revie`ved the March 19 , 1993 , letter of Mx . Kenmeth R. Wright cif Wright Water Engirleerxag, znc.. The DS.strict would o$f@7r' the fo3.law~.ng. - The estimated construction casts sel~m to 1~e reasonable. - The vptiana, as discus$ed w7lthin the letter, are all viable and would be considered bg the Dastriot in the cons'truct~.on plan review process. - The total amount of $2~ , QQo ( eRC~.udl,~g legal) , appears to be a reasc?nabie amo~.nt . xowever , we ~ro~ld er~;courage consulting with a excavator tc more aacuxate~,y determine an~r hidden costs , such as e't'xy new ©SHA requ~.rements that mmq effect the project. If you have auq questions or cartcerns pleas® can'~~et the Distra.at. S~i..}n_cerely, Fred S . Has3.ee Regulations Administrator cc: PrD~ect FiXe Enginee~'irig Nia.ir~teaanee . • a:\da'Cs~wpdata~lettersylx~const\vail~om.ltr MnNAOlR ¢Qn isle Fpt,~pWlNa waTRA ulsralaTa: AAR4W?iEAO idETRO wATE.R ¦ 9EArER pRpgK METRO WATER + Hi=RRY CREE% 1AE71~0 WATEa ¦oGLE vAq M4TP0 wwTE~i ¦ EbwARDS M=TRO WATEa • LAKE CR6QK MEUO0uf5 wp7~R UPPE4 EAt~L6 RE(i~ONAL MUTER AVTN0111TY +vAl4 VALLEY CON¦4LIOATED w4TEF z0•d 9z356~~ of .~.~.~.~.3.n wOr~ wd~:zj £5$~-sz-b0 05/03/93 10:15 X303 329 8826 9~OLF & 9LATBIN ~ 001/005 - WOLF ~ 5LATI~IN SRO~fSStONAL COtTO=ATfpN arro~v~rs ar caw 7i3 P7A13QG6N PLACE JONATHAN L. MADISON sm ~a~:...1 ~.ces. D10BT![ DAI1~E DELAYER COIASADO 80209-3827 TEiEPt1GNE (303) !53.2999 p~t~cnmv Q0~ 129.6826 Nlay 3, 1993 VIA FAX TO 1-479-2157 Lawrence A. Eskwith, Esq. Town of Vail 77 South Frontage Road Vail, CO 81657 Re: Town of Vail Purchase of Vail Commons Property Dear Larry: Pursuant t4 our telephone conversation of Friday afternoon, I am faxing up to a proposed Second Amendment to Contract. I am F®d~aral Expressing the 5eaond Amendment to Hud Wirth for his signaturQ. Yt is my understanding that you have contacted Y~and Title and that they will prepare the necessary closing documents with all prorations to be made as of May 7, 1993. We must have all documents that need to be signed by the seller in my office by Tuesday, May 4, 1993. I will then Federal Express the proposed documents to Hud Wirth for his signature. Hud would then Federal Express them bank to the title company so that they are available far the Friday closing. Given the nature of the deal (all cash), I would assume that the only documents that need to be prepared are as follows: 1. Warranty Deed from Vail Co~unons, Ltd. to Town of Vail. Z. Suyer's and Seller's Settlement Statements. 3. Land Title Closing Instructions. 4. Land Title Final Affidavit and Agreemnt re: Mechanic's Liens. 5. Y~nd Title Vtilxty Agreement. 6. Real Property Transfer Declaration. 05/03/93 10:15 $303 329 6826 ~90LF & SLATKIN ~ 002/005 WQLF & $7.,s,TgY1iT /~+CSSJONAL OORPORATION Lawrence A. k;skwith May 3, 1993 Page 2 7. Land Title Agreement for Taxes. I am looking fars~tard to formal counsel approval of the deal on Tuesday evening, May 4, 1993. Please call me with any questions or comments. Very truly WOLF CATKIN Pro ssional C ` r i N L. MADISON acf Enclosures c+c: Vail C.-..~,.ons, Ltd. (w/encs) Attention: Mr. Hud Wirth 05/03/99 10:18 '303 329 8828 WOLF ~ 9LATgIN f~ 003/005 88COi1dD A1~.r~~.~a,.~. R'O cay~~~.gCT This Secand Amendment to Contract (the "Second ~ndment'*) is made and entered into as of the day of May, 1983, by and between TOWN OF vAIL, a Colorado Municipal Corporation ("Purchaser"), and vAIL cot~ONS, LTD., a Colorado Limited Partnership ("6eller"). This Second Amendment amends that certain ^vacant Land Gontract to Buy and Sell Real Estate and Addondum thereto and as modified by the First Amendment to Contract. ThQ vacant Land Contract to Suy and Sell Real Estate and Addendum, and the First Amendment to Contrast are referred to herein as the "Contract." i. second Amendment Cnntrols. In the event of any conflict between the terms of the Contract ar~d this Second Amendment, the Second Amendment shall control and govern the rights of the parties hereto in all respects. Except as specifica~.ly modified by this second Amendment, the Contract shall remain in full force and effect. 2. Purchase Price. The purchase price for the Property shall be Three Million One Hundred Twenty-Five Thousand Eight Hundred Eighteen and Ida/l0oths ($3,125,818.00). 3. Waiver of IInsatiefactorv Conditions. Purchaser hereby waives the notice of certain unsatisfactory conditions as set forth in the Town of veil's letter dated March 5, 1993, a copy of which is attached hereto as "Exhibit l." 4. 9atisfactoxv Tnv,ir,..,.,,ental Survev,. The Town of Vail acl~olwedges that it has received a satisfactory environmental survey pursuant tv paragraph 4 of the Addenduma to vacant Land Contract to Buy and 3e11 Real Estate. 5. Caunternarts. This Second Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and all of which taken together shall constitute one in the same agreement. 6. Yteaff.irmation of Contract. In each and every other respect, the contract as modified by this Second Amendment to Contract is hereby ratified, approved and confirmed. IN ~PITNESS ranr~.EOF, the parties have executed this Second Amendment as of the day and year first written above. T..~~~~ti of VAYL, a Colorado Municipal corporation By Title: Acting Tvw.. Manager 05/03/93 10:18 '®'303 329 8828 9POLF 8c 9LATSIN ~J004/005 r VAIL COMMONS LIMITED, A Colorado Limited Partnership Sy: WEST VAII., DEVEx,QPMENT CORPORATION, a Colorado ' G..~roration, as General Partner By G. HDDSON WIRTA, President 05/03/93 10:17 $`303 329 6826 ~POLF & SLATgIN f¢j 005/005 i ~ i I ~o~v o.~ vAU, 75 South Frontage Road O, fJice o, f Town Attorney Yai~ Colorado 8657 30379-2,107/FAX 303-479-2157 ' aEC~rvEa 1110[f & SLATKIN March 5, 1993 ~ MAR 2199 Vail Commons, Ltd., a Colorado Limited Partnership do Joseph Picciuca, CPA 200 North Milwaukee Avenue, •Suite 206 Libertyville, IL 60048 RE: Vail Commons Property Dear 1V,fr. Picciuca: On 1VXarch 3, 1993, the Town of Vail received a survey of the property commonly loQOwa as the Vail Commons, and more particularly described in the Contract to Buy anal Sell•Real Estate between the Town of Vail and Vail Commons, Ltd. A review of the survey indicates the following unsatisfactory conditions: 1.. There are two (2) encroachments ou the southwestern boundary of the ~,rerty. One appears to be am asphalt parking lot which encroaches ap~,.,,.?:mately 17.7' into the Vail Commons property. The other is a mimi-banl~ and Y am unable to compute fronn the survey how much the mini-bank encroaches onto the prop~.6y. 2. In a.dditioa to the encroachments, there is a water pipeline easement 15' in width which bisects the property appro~mately 1/3 of the way from the northeasterly boundary of the ~~~,erty. It is my understanding that there is an actual water - pipeline is the easement at this time. 3. The acreage certified oz~ the survey is 6.576 rather than 6.599 acres. Please call me to discuss these matters in detail. Very truly yours, .~zJ~ ~ Lawrence A. Eskwith, Tows Attorney LAE/dd x~c: Mr. John Madison; wolf & Slatkin ?45 Ptarmigan Place, 3773 Cherry Creek North Drive, Denver, CO 80209-3627 3039499335 INTER-MOUNTAIN ENG. 512 P01 MAY 04 '93 14.30 In#~r»Munn#ain iNVOfCE Fa>1gin~eriri~Lta. ~ Date: MaY 4, 1593 Terms: oue on ae~e~pt t 3/4~.G per mpnth tllefeaRat TO'WI1 O~ Vall Attn: Larry Bskwith 75 South ~'rantage Rd. Vail, CO 81657 fax to: Larry Bskwith at thy: Town of veil Les Reys at Land Title Jahn Madison Project No. 93122E Vail Cpmmans Parcel, Vail des SGhone Filing No. 4 Phase I Envir....~.ental Site Assessment study Project engineer - 21 hrs. $ 1,36x.00 Senior engineer - 7 hrs. 595.00 Technical typist - 3 hrs. 64,00 Balanee Utite $ 2,044.00 Thank you. Box Na. 978 ~ Avon, Cdfarado eifi2p • 943.5072 Denver 893-1531 1420 Vance Street • Lakewood, Colorado 80215 • Phone: 232-Oi58 05/04/93 15:11 '$`303 329 6828 WOLF & 9LATRIN f~iJ001/005 V~7aLF ~ SLATKIN eaOp05S10NAL eaaroan=[ON ATTORNEYS AT LAW 743 P'cAAMIGAN PLACE JONATHAN L. MADISON 3773 CD~QBY ~ NORIF[ DEFYE ,rt.~ CO[.DRADO 80209.9827 ?ELEPHONE (303) 355-2999 FAC'S[MU~ (3o3J 320.6836 May 4, 1993 VYA FAX TO 1-47~r•21,~3~ Lawrence A. Eskwith, Esq. Town of Vail 77 south Frontage Road Vail, CO 8].657 Re: Town of Vail Purchase of Vail commons Property pear Larry: Per our telephone conversation of this morning, I am faxing to you what is hopefully the complete Second Amendement to Contract. Please note I have included a provision acknowledging receipt of a satisfactory a~,~,~a.isal. I am also faxing to you Fred Haslee's letter addressed to myself and dated April 26, 1993, confirming the reasanab].eness of the construction casts. I spoke with Lies Reys at Land Title. l,es indicated that she will need a aertif led copy of the ordinance approving the deal. Also, I would appreciate if the Town would wire transfer the funds into band Title's account. This would facilitate Land Title being able to wire transfer the funds to Vail G.~..~,.ons, Ltd.'s account in Chicago on Friday. I am trying t4 coordinate the transfer of funds so that the money can be wired in sufficYent time so that my client does not lose interest on the sale proceeds over the weekend. We appreciate your help. Very t a:Y r oi{rs, WO & sI,ATRiN P ofessfonal. on L . DT S~~i JT.,M : acf Enclosures cc: Vail Gammons, Ltd. (w/encs) Attention: Mr. fiud Wirth . 05/04/93 15:12 $303 329 8826 WOLF & 9LATAIN ~ 002/005 S$COND AL'.s~~W..i~.l:.~l 'r0 CONTRACT This Second Amendment to Contract (the "Second Amendment") is made acid entered into as of the day of May, 1993, by and between TaWN of VAIL, a Colorado Municipal Corporation ("Purchaser"), and VAIL COMMONS, LTC., a Colorado Limited Partnership ("Seller"). This Second Amendment amends that certain vacant Land Contract to Buy and Sell i2eal Estate and Addendum thereto and as modified by the First Amendment to Contract. Tk~e Vaoant Land Cantraot to Buy and Sell Real Estate and Addendum, and the First Amendment to Contract are referred to herein as the "Contract." 1. ;Second Amendment Controls. In the event of any conflict between the terms of the contract and this Second Amendment, the second Amendment shall control and govern the rights of the parties hereto in all respects. Except as specifically modified bX this Second Amendment, tha Contract shall remain in full force and effect. 2. Purchase price. The purchase price for the Property shall be Three Million One Hundred Twenty~Fiv~e Thousand Eight Hundred Eighteen and No/100ths ($3,125,818.00). 3. Waiver of IInsatisfactary Conditions. Purser hereby waives the notice of certain unsatisfactaxy conditions as set forth in the Town of Vail's letter dated March 5, 199x, a copy of which is attached hereto as "Exhibit 1." 4. Satisfaotorv Environmental Sure®v. The Town of Vail acknolwedges that it has received a satisfactory environmental survey pursuant to paragraph 4 of the Addendum to Vacant Land Contract to Buy and Sell Real Estate. 5. Satisfactory Seller's Appraisal. Se~.ler acknowledges that it has received a satisfactory appraisal pursuant to paragraph 8 of the Addendum to Vaoant Lana Go7ntraat to Buy and~Sell Real Estate. 6. Date of Closing. The date of clasxng shall be May 7, 1993. 7. Counterparts. This Second A~uendment may be executed in any number of Counterrparts, each of which when sa executed shall be deemed to bG an original, and all of which taken together shall constitute one in the same agreement. Reaffirmation of Contract. In each axed every oth®r respect, the Contract as modified by this Second Amendment to Contract is hereby ratified, approved and confirmed. 05/04/93 15:12 x$`303 329 6828 {VOLE 8c SLATAIN f~] 003/005 IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day and year first writtan above. TOWN OF VAIL, a Colorado Municipal corporation 8y Title: Acting Town Manager VAIL COMMONS LIMITED, A Colorado Limited Partnership By: WEST VAIL Dssvr~,QPMENT GORPORATXON, a Colorado carporatiQZ~, as General Partner BY, G. HYJDSON WIRTEi, President 05/04/93 15:13 7S`303 329 6826 PPOLF ~ 9LATIiIN fpfj 004/005 .1 V a¦l TOWN 4F YAXZ 75 South Frontage Raad O,~ce of 7'owR Atrorney tram, Codorada 81657 303-479-2107/ FAX 9a3-¢792157 RECEIVED WOLF & SLAT(fiN March 5, 1993 ~ i993 Vail Commons, Ltd_, a Colorado Limited Partnership do Joseph Picrauca, CPA 200 North Milwaukee Avenue, Suite 206 Libertyville, IL 60048 RE: Vail Commons Property I:lear Mr. PicCiuca: On March 3, X993, the Town of Vail received a survey of the property commonly kn,, W u as the Vail Com.mans, and n:~are particularly described in the Contract to Buy and Sell'R.eal Estate between. the'7.'own of Vail and Vail Commons, Ltd. A review of the survey indicates the following unsatisfactoxy conditions: There era twa (2) e3acraachments ou. the southwestern boundary cf the property. Dne appears to be axe, asphalt, parkimg lot which encroaches approximately 17.7' into the • 'V'ain Commons property. The other is amini-bank, and I axn unable to compute from the s~ ~Gy how much the mini-bank encroaches onto the property. 2. In addition to the encroachments, there is a water pipeline easement 15' xn width which bisects the graperty appro~mately 113 of the way :Cxoxxt the northeasterly boundary of the propexty. It ig my understanding that there. is an actual water pige]ine im the easement at tkais time. ' 3. The acreage certified oa'the survey is 6.576 rather than 6.589 acres. X'lease call mE to discuss there matters in detail_ Very truly yours, ~ • Lawrence A. Eskrwith, Towm Attorney LAEIdd xc: Mr. John Madisom, Wolf & Slatkin 74S Ptarmigan ~'Iace, 3773 Cherry Creek North Drive, Denver, CO 80209-3627 05/04/93 15:13 X303 329 8828 9VOLF & 9LATRIN ~I005/005 UPPER EAGLE VALLEY CONSOLIDATED y ~ ,19~~ SANITATION DISTRICT ACaR gab FOREST ROAD • NAIL COWRAOD 87637 e~I i~'~M{ ta63~ 4TSa~sD .FAX (3031 a7fl.aoa9 ~ R~~~•"°~ April 26, 1993 "Sent Via TelErPax" Mr. Joxxathan L. Madison, Esq_ info 1 f & Slatlc3n 3773 Cherry Creak North Drive, #7Q5 Denver. CO 80209-382'7 RE : Vail Gammons , Ltd. -'Water T,ix~e Deax Mr. Madison: The Distract has reviewed the March 19, 1995, letter of Mr. Kenneth R. Wright of Wright Water ~rsg3raeering, Inc.. The D~.strict would offer the follow~,ng: - The estil4aterl construction casts seem to be ree,sonable. The options, as discussed withirx the letter, are all viable and would be ca~,sidered by the District in the cons>:rttctaon plan revie~ht pxacess. - The total amount of $2,000 texcluding legal), anuears tO be a xeasanable amo~xnt. However, we would encourage consulting w~,th a excavator to more accurately determine any hidden costs, such as a~Yy new OSHA reauiremex~ts that may effect the project. If you have any questions or C+?ncerns please contact the District. Sincerely, 11 ~D . tip-~• fired S. ~aslee RegulatXons Administr~etor cc: Project k'ile Engineerxr~g Maintenance c:\data\wpdata\letters\lnconst\vailcom,ltr MANAGER FOq TH8 FU~LOWINQ WATER ~IBTRIGTS: pggOWNEAO METRO WATER • BEAVER CREEk METRQ WATER • 9ERRY ARE=R MTRO WATER EAGLE-NAIL METRO WATER • EflWAAOS METRO WATER .LAKE CREEK na FJ`OOW9 WATER UPPER EAGLE REQIONAL WATER AUTHORITY -NAIL VALL6V CONSOLIC A:=] WATER 05/04/93 18:22 '$303 329 6828 WOLF & 9LATKIN [~j001/002 a V~C~LF ~ SLATKTN pROPES&1oNAL toRPORA7'Iprt ATTORNEYS AT LAW 745 PTA$n~GAN PLACE JQNArFIAN L. MAtJI50N 3773 Chcnni a.wtcel NpBTH DHP?fi bPNV~ COLOflADQ ~07A9-3827 2fiifipOONE (303) 355-3999 PACS16A1t s (303) 379-6826 May 4, 1993 yTA FAX TO 1-4.79-2157 Lawrence A. Eskwith, Esq. Town of Vail 77 South Frontage Road Vail, Co 81657 Re; Town of Vail Purchase of Vail Gammons Property / Real Estate Tax~as Bear Larry: As I indicated to you in our telephone conversation, z was advised by Les Keys at Land Title tk~at the assessed valuation for the Vail Cons prop®rty has apparently increased from $1 million to $3 million. Based on this most. recent assessed valuation and the most recent mill levy, the real estate taxes for 1993 due and payable January 1994 are $58,628,34. This compares with the 1992 real estate taxes of $16,996.61. Vail Commons, Ltd. feels that this outrageous increase-in assessed value cannot be substantiated by the 8agle County Assessor. Therefore, Vail CU„~..ans, Ltd. desires, at its own expense, to object to and pretest the valuation. xs you know, any reduction in thQ valuation would lead to a reduction in the actual real estate taxes paid by Vail Commons, Ltd. far the calendar year 1993. zf Vail Commons, Ltd. is successful in reducing the valuation, then the Town of Vail Would be obligated to reimburse Vail Cammans, Ltd. since the nc~w assessed value is being used for purpase6 of the tax proration on the settlement sheets. z would appreciate if you would obtain the Town Council's consent and approval allawinc~ Vail Commons, Ltd. the right to Abject to and protest the valuation. ]tn order to reduce the paperwork, T have simply provided for acceptance and approval on the second page of th~.$ letter . 05/44/93 18:23 '$`303 329 8828 WOLF & 9LATKIN ~ 002/002 ~4LF SC ST.A. T~~.1v' P~+OF65BIONn~ cpgppp/~rON Lawrence A. E6kwith May 4, 1993 Page z Thanks very much for your help. Very truly your, WOLF S~LA • Pra ess ' orpor ~r f. r s~ TE3AN L. MADYSON JLM: at~f ac: Vail Compeons, Ltd. APPROVED AND ACCEPTED: TOWN OE 'VAZL By Title: Acting Tgwn Man~.ger APPROVED BY ~i•n~ TOWN ATTORNEY: Lawrence A. EskWith Scott hlcCoppin Attorney at Law 413 Morgan Road Longmont, Colorado 80501 (303) 772-9419 April 16, 1993 Carmen Slagle Personnel Department Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Mr. Slagle: I am writing to apply for the position of Town Attorney which is advertised in the University of Denver College of Law Placement Office. I graduated from D.U. Law on June 8, 1985, and was admitted to the Colorado Bar on November 1, 1985. From December 2, 1985 to February 28, 1991, I was employed as the Staff Attorney for The Pueblo Bank and Trust Company in Pueblo, Colorado. During my five years at the bank, my practice was in the areas of real estate, contracts and leases, secured lending, commercial litigation, trusts and estates, and regulatory compliance. To make more information about me readily available to you, I am enclosing a resume for your reference. I would greatly appreciate the opportunity to discuss how my skills and experience could benefit the town government of Vail. If you feel that my qualifications meet the requirements for this positoin, please contact me to arrange an interview at your convenience. Thank you very much for your attention; I look forward to hearing from you. Very truly yours, ~ ~ Scott cCoppin Attorney at Law APR 2 6 ~g93 RESUME Scott McCoppin Attorney at Law 413 Morgan Road Longmont, Colorado 80501 (303) 772-9419 PERSONAL INFORMATION Born: July 11, 1957 Sioux Falls, South Dakota Height: 5 feet, 9 inches Weight 150 lbs. Marital Status: Unmarried EMPLOYMENT 12-85 to 2-91 STAFF ATTORNEY The Pueblo Bank and Trust Company Pueblo, Colorado JOB DESCRIPTION: The Staff Attorney is an administrative officer, reporting directly to the Executive Vice President, with additional direction from the President. Responsible for coordinating and monitoring all legal activities of the bank. DUTIES AND RESPONSIBILITIES: To review all legal matters of the bank and to make recommendations regarding action to be taken. To advise the staff of the bank concerning legal questions as they arise. To handle collections, bankruptcies, foreclosures, workouts, and recovery of loan charge- offs. To serve as Compliance Officer, and to ;end appropriate snppo: t to management in complying with applicable state and federal regulations. To perform appropriate actions to promote positive public relations on behalf of the bank. COMMi i i t~ ASSIGNMENTS: Chairman, Bank Compliance Committee (12-85 to 2-91) Secretary, Executive Loan Committee (2-87 to 2-90) Secretary, Officer Loan Committee (2-87 to 2-91) Bank Planning Committee (12-85 to 12-88) Security Committee (2-86 to 2-91) Trust Investment Committee (2-86 to 2-91) Resume -Scott D. McCoppin Page 2. EDUCATION High School NIWOT HIGH SCHOOL Niwot, Colorado Graduated June, 1975 9-75 to 12-76 UNIVERSITY OF NORTHERN COLORADO Greeley, Colorado 1-77 to 12-81 UNIVERSITY OF COLORADO Boulder, Colorado Degree: B.A. in Spanish -December 19, 1981 G.P.A.: 3.18 Dean's Honor Roll: Spring, 1980 Dean's List: Spring, Fall, 1981 C.U. Study Abroad Program, Universidad de Veracruz Jalapa, Veracruz, Mexico: Fall, 1980 LSAT Scores: 664, 73 -December, 1981 9-82 to 6-85 UNIVERSITY OF DENVER COLLEGE OF LAW Denver, Colorado Degree: J.D. -June 8, 1985 G.P.A.: 71.43 Family Law Quarterly: Winter, Spring, 1985 Colorado Bar Exam Scores: MBE - 161 Essay -Not Graded Status - Pass Admitted to Colorado Bar: November 1, 1985 COMMUNITY ACTIVITIES Pueblo County Bar Association (12-85 to Present) Pueblo Chamber of Commerce (12-85 to Present) Board of Trustees, Pueblo Symphony Association (6-87 to 6-90) Executive Board, Pueblo Symphony Association (6-88 to 6-90) References available upon request. 1006 East State Street Milwaukee, Wisconsin 53202 (414) 277-1496 April 22, 1993 Carmen Slagle Personnel Department Town of Vail ~ iq4~ 75 South Frontage Road AQR ~ Vail, CO 81657 Dear Ms. Slagle: Enclosed is my resume for the position of Town Attorney in Vail. As you can see from my resume I have extensive legal experience in both the private and public sector. Furthermore, I have represented government entities, specifically as Judicial Court Commissioner/Staff Attorney in Waukesha County, Wisconsin. Presiding Judge Neal Nettesheim, District II Court of Appeals, State of Wisconsin-Waukesha County, will vouch both for my character and legal abilities. He can be reached at 414-521-5234. Most recently I have been a public defender for the State of Wisconsin in the Criminal Division of the State Public Defender in one of the fastest growing counties in the USA. I have represented countless indigent clients over the years thus gaining incredible courtroom demeanor and negotiation skills. In private practice I drafted many legal documents and represented clients in civil litigation especially real estate matters and contract disputes. I have also participated as counsel in administrative law proceedings. Since becoming an attorney I have served on numerous boards and civic organizations thus demonstrating my commitment to my community. Certainly should I be selected as Town Attorney in Vail, I would be active in civic matters. My love for Colorado lingers from my days as a student at Loretto Heights College. I welcome the opportunity to submit this resume as my application and shall contact you next week to discuss the possibility of a personal interview. r Should you need additional references, Pierre S. du Pont (former Governor of Delaware) 302-651-7729 can also vouch for my character and legal and social skills. Sinc ly, ANN REIL Y Attorney at Law Enc. 2 c ANN REILLY 1006 East State Street Milwaukee, Wisconsin 53202 (414) 277-1496 EDUCATION: Loretto Heights College, May, 1966-70 Georgetown University Washington, D.C. Bachelor of Liberal Studies -May, 1982 Portuguese, Political Science Marquette University Law School Milwaukee, Wisconsin Degree of Juris Doctor -May, 1986 ACADEMIC AWARDS: 1986 Recipient -Bureau of National Affairs Award Marquette University Law School. This award was bestowed on me by Dean Frank Dequire for outstanding academic achievement. APPOINTMENTS: Georgetown University President's Advisory Board on Continuing Education Served 1981 - 1983 Marquette Law School Board of Directors =Alumni Association 1988 -Present WORK EXPERIENCE: Assistant State Public Defender, Trial Attorney Office of Wisconsin State Public Defender Milwaukee Trial Office Representation of indigent clients in felony and misdemeanor cases. Have argued dispositive motions and defended indigent clients in pretrial motions, trials as well as post-conviction motions. March, 1989 -Present Rytec -Jackson, WI Serves as counsel to this manufacturer of overhead doors. Offer legal opinions on employee matters and contracts. 1989 -Present Associate Attorney Levine & Epstein, Milwaukee, Wisconsin General practice with emphasis on family and small business law. Apri1,1988 -March, 1989 Staff Attorney to Chief Judge of Third Judicial District. Waukesha County Courthouse, Waukesha, Wisconsin Assistant Judicial Court Commissioner. Drafted decision, legal memorandums for chief Judge; presided as Commissioner in traffic, small claims court, and family court. March, 1986 -April, 1988 (Two year appointment) Children's Court Center, Juvenile Law Clinic Milwaukee, Wisconsin Intern with Public Defender's Office. Participated in hearings, depositions, research, brief writing, trial preparation, argued motions, and trial work under three year practice rule. September, 1985 -May, 1986 Administrative Assistant to Governor Pierre S. du Pont Gopac, Washington, D.C. Fund-raising, direct mail programs, legislative research, development as well as organized fund-raising activities and events. Planned and implemented all social activities. December, 1981 -May, 1983 White House Conference On Aging, Washington, D.C. Supervised and recruited volunteers for national conference. Liaison with interest groups and participating organizations. August, 1981 -December, 1981 Brazilian Embassy, Washington, D.C. Social Secretary/Administrative Assistant Responsible for official function of Embassy. Protocol liaison. Speechwriter for Ambassador. August, 1977 -June, 1980. 2 Senator Robert W. Kasten, Milwaukee, Wisconsin Staff Assistant to then State Representative Robert Kasten. Managed volunteer effort in successful congressional campaign. 1972 -1973 COMMUNITY ACTIVITIES: Meta House of Women, Milwaukee, Wisconsin Board Member Nationally recognized half-way house serving drug and alcohol dependant women. This facility has recently been funded by the State of Wisconsin (Governor _ Thompson) as well as the Federal Government. 1988 -1990 Boys and Girls Club-Women's Association 1987 -Present 3 r RR 1, Box 1337 Nescopeck, PA 18635 April 21, 1993 Carmen Slagle Personnel Department Town of Vail 75 South Frontage Road Vail, CO 81657 . Dear Ms. Slagle: I recently learned that the Town of Vail is looking for a Town Attorney, and I ~ very interested in that position. You will note from the enclosed resume that I have strong academic cre- dentials and nearly eight years of legal experience in a variety of fields, including both criminal and civil practice. In my current position with the Pennsylvania Department of Environmental Resources, I work extensively with municipalities and municipal authorities. My experience in the defense of inverse-condemnation actions based on claims of regulatory takings may be especially valuable in the position you are looking to fill. I am honest, energetic, outgoing, and personable, and I enjoy government work. My wife and I love Vail and would be delighted to live there. My application for admission to the Colorado Bar on motion is under review by the Board of Law Examiners, and I expect to be admitted in the very near future. I look forward to hearing from you to schedule an interview. Sincerely, ~~~~w~~~ Daniel D. Dutcher Enclosure 'L 6 X993 pQR ~ DANIEL DOW DUTCHER Home Address Work Address R.R. 1, Box 1337 Office of Chief Counsel Nescopeck, PA 18635 Department of Environmental Resources (717( 379-2071 90 East Union St. Wilkes-Barre, PA 18701 j717~ 826-2519 EDUCATION Cornell Law School, Ithaca, New York J.D., May, 1985 International La~v Society Environmental Law Society First place, la~,• school cross-country race Student Advisor Ithaca College, Ithaca, New York B.A., summa cum laude, in Philosophy, December 1981 Minor in Applied Writing Oracle Society (freshman honor society) Phi Kappa Phi EMPLOYMENT Assistant Counsel Office of Chief Counsel, Northeast Region, Pennsylvania Department of Environmental Resources, 90 East Union Street, \Wilkes-Barre, PA (December 1990-present) Assistant Public Defender Office of the Public Defender for Baltimore County, 500 Virginia Avenue, Towson, MD jJuly, 1989-December, 1990( Inmate Sen~ces Division, Office of the Public Defender, 201 St. Paul Place, Baltimore, MD jApril, 1987-June 1989? Associate Attorney Ober, Kaler, Grimes 8: Shriver, 1600 Maryland National Bank Building, Baltimore, MD (September, 1985-January, 1987? Summer Associate Ober, Kaler, Grimes & Shriver, 1600 Maryland National Bank Building, Baltimore, MD jSummer 198~1? Construction Laborer Frontier Foundations, Park City, UT (Summer 1983) Cross-Country Skiing Instructor and Mountain Guide Centre de Montagne, Beuil, Alpes Maritimes, France (1981-82 season) Logic Tutor Philosophy Department, Ithaca College, Ithaca, I~TY (Fall semester 19811 Legislati~•e Assistant Assemblyman L. Paul Kehoe, Assembly Chambers, Albany, NY (Spring. semester 19801 BACKGROUND Travel England, Scotland, Wales, France, Belgium, Luxembourg, Holland, Germany, Switzerland, Austria, Italy, Spain, Portugal, Greece, Tl~nisia, the Virgin Islands Special Acti~•ities North Carolina Out~n•ard Bound School Bicycle trip through France and Corsica Additional Interests Backpacking, skiing, running, outdoor work, s~•imming REFERENCES A\'AILABLE UPON REQUEST D EWITT F3 BROTZMAN ATTORNEYS AND COUNSELORS FIRST INTERSTATE CENTER REC'p q pR 2 3 1993 3333 SOUTH BANNOCK STREET SUrrE 800 ENGLEWOOD, COLORADO 80110 RICK DEWfTT TEL (3031 781-1010 DANIEL L. BROTZMAN FAX (303) 781-1019 Wednesday, April 21, 1993 Carmen Slagle Personnel Department Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Ms. Slagle: Please find enclosed my firm's application for the position of City Attorney. If you have any questions please do not hesitate to give me a call. Otherwise, I look forward to hearing from you. Very truly yours, DEWI'ET Dar~i.®I~L,. an DLB/gks' li Enclosure PROPOSAL FOR THE TOWN OF VAIL This is a proposal for providing legal services to the Town of Vail. Introduction Our firm is a small firm that prides itself on providing high quality legal services on a personal basis. We develop and maintain a close working relationship with our clients, trying to understand not only the specific question at hand, but how it relates to other issues that the Town may be working on, or may be interested in addressing at a later date. Our experience in municipal issues is, frankly, without comparison in the State of Colorado. Our experience is direct; that is, the people who would be doing the work for the Town of Vail have done this type of work successfully in the past and would continue to do so for the Town of Vail. The reputation of Vail as awell-administered Town is widely known and well respected. We appreciate the Town of Vail's position as a leader in establishing a quality environment for its residents and would welcome the opportunity to assist in that regard. Firm Orientation and Direction The firm was established in October, 1973, specializing in the practice of municipal law. The firm has represented many cities and towns on a wide range of municipal issues. We pride ourselves in providing quality services and the test of time reveals quality results and consistently satisfied clients. a. City of Englewood b. Town of Avon c. Ciry of Arvada d. Arvada Urban Renewal Authority e. City of Commerce City f. City of Sheridan g. City of La Junta h. Town of Lyons i. City of Durango j. City of Pueblo k. City of Kremmling 1. City of Lakewood Although municipal law is the firm's primary emphasis, we do represent clients in the construction industry, and other commercial business interests. Members of the firm include Rick DeWitt and Daniel L. Brotzman. The firm carries, at a minimum two support staff. Responsibilities would include regular office hours to consult Council and staff support, attendance at Council meetings, study sessions, and other meetings and functions of the Town upon request. Although it would be Mr. Brotzman's primary responsibility to attend to the matters of the Town, in his absence, Mr. DeWitt would attend to the affairs of the Town. We have drafted numerous legal documents on behalf of our municipal clients. We have a broad range of experience available and would provide samples of documents from our extensive research files on an as requested or needed basis. In general response to request for an opinion would be immediate. We would anticipate these time frames to apply to all services rendered. A brief biography of our firm follows: Daniel L. Brotzman Mr. Daniel L. Brotzman has been licensed to practice law in the State of Colorado since 1986. Mr. Brotzman received his business degree from the University of Denver, his J.D. from Creighton University and Mr. Brotzman has also participated in advanced studies of international and comparative law at Maugdolin College, Oxford University through an ABA approved program with the University of San Diego. Mr. Brotzman has also done advanced studies in taxation at the University of Denver Graduate Tax Program. Mr. Brotzman gained a very broad knowledge of the law through a variety of legal clerkships. Mr. Brotzman gained a working knowledge of criminal appellate procedures through a contract relationship with the Colorado Public Defenders Appellate Division. Mr. Brotzman also did criminal appellate work as well as governmental civil issue work in the United States Attorney's Office, District of Nebraska. Mr. Brotzman's clerkship with the City Attorney's office in Omaha, Nebraska gave him responsibility for handling NEOC and EEOC discrimination claims filed against the City of Omaha, as well as an introduction to various other municipal issues. Mr. Brotzman furthered his appellate knowledge by ' working as a summer clerk with the Honorable William H. Erickson of the Colorado Supreme Court. In Mr. Brotzman's private practice, he has worked on a variety of legal issues relating to municipalities. Mr. Brotzman's experience relates both to the trial and appellate court level. Since Mr. Brotzman's appointment as an Assistant City Attorney in Englewood, he again has been actively involved in the full spectrum of legal/municipal issues. Mr. Brotzman has represented the City in various civil cases both as an advocate and in a supervisory capacity and has represented the City before service boards and hearing officers, given advice on a variety of issues including employment issues and tax problems. Rick DeWitt Mr. DeWitt has been licensed in the State of Colorado since 1973. He graduated with honors from Michigan State University and cum laude Wayne State University. Mr. DeWitt has had extensive experience in representing cities. He has been an Assistant City Attorney and is currently City Attorney for the City of Englewood, Colorado. The City of Englewood is a full service City providing water and sewer, extensive park system, career service system, library, as well as the usual municipal governmental functions. He is abreast of all current municipal issues and has represented municipalities in all courts in the State of Colorado. Numerous Supreme Court cases of Mr. DeWitt have made a law in Colorado with respect to various municipal issues. Mr. DeWitt has written articles and given talks on various municipal issues. In 1984, Mr. DeWitt was an approved attorney for the Colorado Intergovernmental Risk Sharing Agency (CIRSA). In this capacity, he defended numerous cities throughout the State of Colorado. Mr. DeWitt has extensive experience in all phases of municipal legal operations. Compensation You may choose to employ our services at our hourly rates or on a flat fee basis. We offer a preferential municipal rate based upon CML salaries for municipal attorneys. We believe the hourly rate to be the best arrangement for providing legal services and is preferred by many clients. However, a flat fee may have some benefit as some of our clients have found that in key decision making situations there is a reduction the expense factor in consulting an attorney as there will be no additional charge for such consultation. Also, the flat fee approach reduces billing costs for telephone calls, impromptu meetings, etc. Conflicts of Interest Due to the geographical location of Vail to Englewood we do not see a conflict situation arising. Although we do represent private clients, we view our obligation to the municipality as primary and have not had a conflict problem to date that could not be resolved. Summary We welcome the opportunity to learn more about Vail and would invite ou to learn more about DeWitt & Brotzman. /J_ /~5arvel rot 8~tc~DeWt{~-'__ ~ .~E~d~ ~ ~ ~A~ DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND MIKE BRAKE MARY LAWRENCE MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCHOLL CAROLINE FISHER J_IM_HOZA DAN STANEK ANNIE FOX DD-DETO LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND LARRY ESKWITH PETE BURNETT TODD OPPENHEIMER KEN HUGHEY JODY DOSTER MANUEL MEDINA FILE JANEIL TURNBULL P.W. INFO. BOARD MEMORANDUM T0: LARRY GRAFEL, ACTING-TOWN MANAGER FROM: GREG HALL, ACTING-DIRECTOR OF PUBLIC WORKS/TRANSPORTATION DATE: APRIL 26, 1993 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF April 26 - 30, 1993 v...... ':f8:r.~n:...::.p:::.i}}:.r-::':v...::.ry::.n::.}}:}ii:....r:x r.+•iii':'f i:-: .r... :.x.. ~-ax.: f: n•:lv '1/'l`^!?n}iii'~fi}i • :v :vn~::.~::: :•:n?:i.'fti+i}}:!~},'!6}}:+i}ii:+f:4.. r..:.:.::::: ..v... ...................v. •..r.+ff.•i:•:.......<:. .m v..\ . ...5.. f r,.: •Sv. nvf:r•.J~.~!+flff.+:~<i:++i r0:.+l..Y:: r. fi}:i! r .r.....1. r......... v::::: r:::. r:.......r..:::::::::.:..:::.:.........:. r..r v. r.... .$f$j?$-:i.}•::.u....::: f. ffr:%ir..f Jr'V/•:::UfJn- •i i'~{ rf::I+{iiFf f.•ff . r.:::::: r.+.!%:}}•+:C i}~.!!!-}i}:•}}:•}:! +:::.:_::'-:::}i ...........:}:-}:-}}:.iir n .r.. .:+•::.•r.:. . 1 :..i: •}i Yr:.:..:r • • ~ :.rl•.~r:!•:%N-'Fi f•; .r.: :vr::._:::::: v ..:r.... x.•f.-..!..r.::}:!•!:nv}:y: f:.r~f••::.v8v-f/.vri:: v•v:: .:.r.}a:::r:}.v::>:.vru::•:}x}}:~:::+: n.>.v}:}}:•i: i}:-}~:~L: .....:::::....••••ii}}i}}'ifiii}}f..}f.•if:}i+::::.:vi'::}n+f/~:vri}i::r++.L-}f.•rrin•k::::f::ra~rrff.~r: rfr/}rrrrr.:4f.!•:x STREETS AND ROADS A. 1. Remove Christmas tree lighting. 2. Remove trees from creek in West Vail. 3. Meet with Mike Brake at Pedestrian Overpass and East Vail Parking lot projects regarding construction needs. 4. Restripe CDL course. 5. Straighten signs throughout Town. 6. Concrete repairs: a. Rockwalls b. Curbs c. Drainage problem with pavers at International Bridge d. Concert Hall Plaza 7. Perform high water maintenance. 8. Open and sweep all bike paths throughout Town. 9. Construct information sign for VTC. 10. Provide backhoe for Sonnenalp Street Light Project Friday, 4/30. PARKING STRUCTURE/TRANSPORTATION A. 1. Repair damaged pavers in various locations at VTC. 2. Construct Bus/VTC locker room. 3. Rekey VTC and LHTRC. • 4. Submit 262A grant by 5/10. 5. Order expansion joint material. 6. Construct counter for Transportation Office. 7. Accept bids for re-roofing Municipal Building. 8. Repair front door closure at Community Development. 1 PUBLIC WORKS PRIORITY LIST Page 2 CARPENTERS A. 1. Construct bus shelter. 2. Construct picnic tables. 3. Insert handrail in downstairs shop restroom. 4. Repair winter damage in various locations throughout Town. 5. Modify furniture for Library. ELECTRICIANS A. 1. Repair street light outages at LHTRC. 2. Coordinate with Andy receiving bids on an emergency generator for LHTRC. 3. Disconnect heat corrector from high voltage at elevator room. 4. Investigate roof leak at Covered Bridge concrete bus shelter. 5. Locate Lionshead Mall remodel project. 6. Leo to meet with Lionshead Center for relocation of light meter. 7. Begin Sonnenalp Street Light Project. 8. Repair emergency light in jail cell. PARKS DEPARTMENT A. 1. Finalize design for Gore Creek Promenade/Pedestrian Bridge with Greg and Mike Brake. 2. Hire consultant for Mill Creek/Ted Kindel Park. 3. Monitor beaver damage in Buffehr Creek. 4. Prepare plan for VTC containers for DRB. 5. Begin spring clean-up. 6. Prepare for talk at Community Forest Conference on Thursday, April 29, 1993. GH/dsr PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 4/23/93) MAY, 1993 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on the alternating Tuesday afternoons, i.e., the second, and fourth Tuesdays of each month. Unless otherwise noted, a brief overview work session for Council will precede the evening meetings, from 6:30 P.M. - 7:30 P.M. ~rt~l~ MAY, 1993, VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesdav, Mav 4, 1993 Work session 6:30 P.M. Evening meeting 7:30 P.M. Tuesdav, Mav 11, 1993 Work session 2:00 P.M. (starting time determined by length of agenda) Tuesdav. Mav 18, 1993 Work session 6:30 P.M. Evening meeting 7:30 P.M. Tuesdav, Mav 25, 1993 Work session 2:00 P.M. (starting time determined by length of agenda) TOWN OF V,rAIL ~tTwcttit,P~. N1(.1.c.~'~, Pamela A. Brandmeyer Assistant to the Town Manager DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND MIKE BRAKE MARY LAWRENCE MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCROLL CAROLINE FISHER JIM HOZA DAN STANEK ANNIE FOX <DD_DE_TO LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND LARRY ESKWITH PETE BURNETT TODD OPPENHEIMER KEN HUGHEY JODY DOSTER MANUEL MEDINA FILE JANEIL TURNBULL P.W. INFO. BOARD MEMORANDUM T0: LARRY GRAFEL, ACTING-TOWN MANAGER FROM: GREG HALL, ACTING-DIRECTOR OF PUBLIC WORKS/TRANSPORTATION DATE: MAY 3, 1993 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF MAY 3 - 7, 1993 STREETS AND ROADS A. 1. Remove Christmas tree lighting. 2. Meet with Mike Brake at Pedestrian Overpass and East Vail Parking lot projects regarding construction needs. 3. Restripe CDL course. 4. Straighten signs throughout Town. 5. Concrete repairs: a. Rockwalls b. Curbs c. Drainage problem with pavers at International Bridge d. Concert Hall Plaza 6. Perform high water maintenance. 7. Open and sweep all bike paths throughout Town. 8. Construct information sign for VTC. 9. Provide backhoe for Sonnenalp Street Light Project Tuesday, 5/4. 10. Conrad to open restroom at Sandstone Park. 11. Inventory road/bike path conditions with Safety Manager. 12. Remove jersey barriers from Ford Park. 13. Remove and replace inlet on Vail Road. PARKING STRUCTURE/TRANSPORTATION A. 1. Repair damaged pavers in various locations at VTC. 2. Construct Bus/VTC locker room. 3. Submit 262A grant by 5/10. 4. Order expansion joint material. 5. Construct storage cabinet for Municipal Building janitor. f PUBLIC WORKS PRIORITY LIST Page 2 PARKING STRUCTURE/TRANSPORTATION (CONTINUED) A. 6. Accept bids for re-roofing Municipal Building. 7. Remodel stairs at VTC Terminal Building. CARPENTERS A. 1. Construct bus shelter. 2. Construct picnic tables. 3. Install handrail in downstairs shop restroom. 4. Repair winter damage in various locations throughout Town. 5. Perform small remodel project for Town Manager (see Larry) . ELECTRICIANS A. 1. Repair street light outages at LHTRC. 2. Coordinate with Andy receiving bids an an emergency generator for LHTRC. 3. Disconnect heat corrector from high voltage at elevator room. 4. Investigate roof leak at Covered Bridge concrete bus shelter. 5. Perform electrical inspections. 6. Leo to meet with Lionshead Center for relocation of light meter. 7. Continue Sonnenalp Street Light Project. 8. Repair emergency light in jail cell. 9. Remove Xmas light cords. 10. Replace light at West Vail Mall Bus Shelter. 11. Install 2 street lights on south side by Check Point Charlie. PARKS DEPARTMENT A. 1. Finalize design for Gore Creek Promenade/Pedestrian Bridge with Greg and Mike Brake. 2. Hire consultant for Mill Creek/Ted Kindel Park. 3. Monitor beaver damage in Buffehr Creek. 4. Prepare plan for VTC containers for DRB. 5. Begin spring clean-up. 6. Begin construction management at Ski Museum Park site. 7. Mulch Xmas trees. GH/dsr SENT BY~EAGLE COUNTY 4-30-93 12 55 ~ 3033287207 3034792157;# 31 3 April 30, 1993 - 12: i$ • tAEaLE COUNTY lii?LDING 551 AUWAY c)FTICk U} tYIE r' PA. NOX 850 BOARD OF COMMISSIONERS EAGL[, COlQRA1X? 81831 (303} 3~S•8605 ~ ~ ~ ~ rAX: X303) 328.7207 . • EAGLE COUNTY, COLORADO MEMORANDUIVI TIJ: All media and interested parties FRUM. lack D. Lewis, County Manager DATE: April 30, 1993 - 12;1$ ItE: CHANGES TO MEETING AGENT)A F+()R E. C. BOARn f1F C()1VrMISSIONER$ The fallowing items are added to the Monday, May 3 Commissioner's Agenda: 01.30 - O1s55 C. CORDILLERA h~.~rtOPOLITAI~ I]YSTRICT AND SQUAW CREEK Isla c'~uuy Room METROPOLITAN I)XSTRICT PROPOSED SERVICE PLANS James R. I~ritLie, County Attorney ACTION: Consider aggroval. 04:15 - WORK SESSION - RE: 11UNCA1IT RESOURCES COUNCYL wa ~ Margie Castes, Director cif Nursing Kathleen Forinash, I]irectar of Social Services Due to a lack of agenda items the Soard will not meet an Tuesday, May 4. The next meeting of the Board is scheduled for Monday, May 10, 1993. If you have any questions please call Frances Barela, Office Manager at 325-8605. Thank yowl JDL/tj cc: Board of County Commissioners SENT BY~EAGLE COUNTY ; 4-30-93 ; 12 55 3033287207-' 3034792157;# 21 3 3. CHANGE ODDER NUMBER TWp EAGLE RIVER DROP STRUCTURES Mahn Althoff, Engineering Ray Merry, Environments! Health officer ACTION.- Consider approve/. 4. AGREEMENT BETWEEN EAGLE CpClNTY, STATE OF COLORADO AND MOUNTAIN MICROFILM FOR FILMING OF CLERK AND RECORDER RECORDS Sara Fisher, Clerk and Recorder ACTION.- Consider approval. 02:75 - 03.30 A. LIQUOR LICENSE HEAR/NG - BEILA M!A Li~p/a c«.o~. Mary Jo Berenato, Assistant County Attorney ACTION; Consider approval. B. LIQUOR LlCE1USE HEARING - BlrAVER TRAP TAVERN Mary Ja Berenato, Assistant County Attorney ACTION.- Consider approval. C. LIQUOR LICENSE HEARING -BEAVER CREEK FCOO SERVICE MaryJa Berenato, Assistant CountyAttorney ACTI~7N.• Consider approval. D. LIQUOR LICENSE HEARING -PINEY 1~IV!R RANCH Mary Jo Berenato, Assistant County Attorney ACTIQN.~ Consider approval. E_ ~t/QUOR LICENSE HFARIIVO - VAIL FOUR SERVICE Mary Ja Berenato, Assistant County Attorney ACTION: Consider approval. 43:30 - Q4:00 PI7-309-92-I~R/VER FORGE FINAL PLAT EopJc ate,,, Keith Montag, Director, Cpmmunity Development U4: OO - 04.• 15 DISCUSS/ON OF COL ORO W SIA, LES SHAP/RO, ~a~ ~~rr COLOROW HOMEOINNL'RS .lames R. Frlize, CauntyAttorney THeNEXT NIEFT/NG OF 7NEEAGLE COl1MY COMA4/SSIQNCRS WILL BEHELD DN MAY ! 7, f 993 TIfIS AGGIVDA IS PROVIDED FOR WA7RMATIONAL PURPOSES ONLY -ALL T1MFS ARFAFPkUXlAJATE. TIIFBOaIto while rN SESSION MAY CONSII?Cli OTHER aE>4rs rxar ARE r3Rnur.HT AFfOfiElT. PACE a SENT BY ~ EAGLE COUNTY ; 4-30-93 ; 12 54 ; 3D33287207~ 3034792157; # 1 / 3 ' April 30, 1993 - 12:25 ti~``~ ~.f':J ~ . . EAt~IC CQUNIY BUILnING • 5518ROADWAY OFFII~ t7f' THG • N.O. HOX 850 BOARD OF COMMIS~ONERS ~ . EAGLE, COIORADU 81831 (303) 328.8605 ' f ~Ax: {303) 328-7~0T ,•+N`~ ~•k J IL ~ EAGLE CaUNTY, COLORAaC1 A GENaA BDARI) ~l CDU'NT Y CGIMII f1ISS/t~l iI~R, REGl1LAR IVIFETlNG DA Y MAY 1 C?, 199' ~ IF f~ 4 3 f ~ @ 4 +1P ~ iF ~ t ~ f •1E •iF ~ & iF $ i• •Y• $ al• •IE •IF ~E ~F ak i6 dr 09:00 - 09:45 WORK SESS/ON -UPDATE FROM Tf,IE TOWN DJ~ A'VON a~: or a~ ~ REGARDING THE FEASIg/LITY 3T~IDY ON A COMMUNITY RECREATION GENTE'R Mary! Jacobs, A'ecreatian Superintendent 17: OO - 7Z: 00 WORK SfSS/ON -PENDING L/TIGA TION Mr of ~ hbnf uD~ Honm James R. Frltze, County ,~1 ttorney x2:00 - 07:75 tuNCH U7: 75 - 07:45 WORK SESSION -119EE77N~GS ATTENDED Mt of the Idaty Crosa Raom 01:Q5 - Q2:00 WORK SESSION - FIREPLACE RECyULAT/ONS ron of 8x Holy Gmsa Room Steve Janes 02:00 - 02:15 GONSF'1V I' CALENDAR EBB CdnYy Jioon IT6NS OF A ItOUTMfEAND NON-CONTROYERBJAL NATURE ARE l~.iCEU UN lIIE GON;.EJyT CALCNOAR TO AGLOW THE DOARD OF COUNTY COMMISSIONERS TD SPEND ITS TIME ANU IIYIFGY ON MORE JM1~7RTANT ITEMS ON A LERlGT14Y ACEgIpA. ANY CUMMJSSJOIYtR MAY N£UUEST THAT ANREM 6E -REMOVED' FROM TNF CONSENT CALENDAR ANU CONSIDERED SEPARATELY. ANY MEMR~'R OF Thff PlIBLlC MAY luuUtSr'- ANY ITLaId DF 'ItFMOVED' FROM THE CONSENT AGENDA. 7. BILL FA Y/NG Linda Plankuch, Accountfng Mark Silvertfrorn, Acting CvntraJler ACTION: Approval subject to review by the County ManacJer. 2. PA YROi t FOR JVAA 73, 7993 Jack D. Lewis, County Manager ACTION.- Approval subject tQ review by the County Manager. WORK SESSION FOLLOW-UP TOPIC QUES TIONS FOLLOW-UP SOLUTIONS 1991 Walking tour scheduled for 5112/93, beginning at 1:00 P.M. There 11/19 NEWSPAPER VENDING MACHINES LARRY E.ITIM D.1JIM C.: What can be done to make these remains a great opportunity to create a meeting of the minds in a field of uniform and locations less prolific? diverse opinion. 1992 02117 EXTERIOR LIGHTING KRISTANIANDY: Draft Ordinance. Larry E. will meet with attorneys representing Ibarra and Kravis. He will further explore the areas of non-conformities, tree lighting, and number of lights. First reading on 5!4!93. 08125 FOLLOW-UP WITH BUCK SHRADER PEGIPAM/LARRY G.: Mr. Shrader has called to find out Larry Grafel will write to Bob Baker, attaching responses re: two issues, (CDOT)/JAKE BRAKESISPEED whether there has been improvement on the maintenance i.e., fake brakes and speed limits. Larry G, will continue to "reason" with LIMITS ON NAIL PASS for the west side of the bike path/Nail Pass. Although CDOT. Larry G. will write to Bob Baker. CDOT has stepped up efforts to clean and maintain, their efforts have not been consistent, and this was communicated by Pam. 09!08 1041 PLAN LARRY E.: Barbara Green has asked whether the Town of Larry E. indicates no further options open to the Town. (request: Steinberg) Vail has a 1041 Plan. 11/10 COUNTY REGIONAL MEETINGS Next meeting scheduled for Thursday, 516/93, from 5:00 P.M. - 7:00 P.M. at the Town of Avon. I 03116 AMENDMENT 1 COMMUNICATION CAROLINE/STEVE B.ISTEVE T.: Develop timeline and STRATEGIC PLAN plan to reach all "organized" groups within the TOV as well as general publicldevelop education tools for group representativesladdress issues through elections pro/con piece. 04127 NOTICE TO LARRY E: Notify both county offices of the Town's interest TREASURER'S/ASSESSOR'S in receiving all notifications of land tax sales in the county. OFFICES VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, MAY 4, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Consent Agenda: A. Approval of the Minutes of the April 6, 1993, and April 20, 1993, Vail Town Council Evening Meeting Minutes. B. Ordinance No. 10, Series of 1993, second reading, an ordinance rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. 3. Ordinance No. 5, Series of 1993, first reading, an ordinance amending Chapter 16.04, and Sections 16.12.010, 16.20.220, 16.22.160, 16.26.010, 16.20.015 and 16.22.016 of the Town of Vail Municipal Code to provide for the prohibition of neon lighting and signs and exterior gas filled, illuminated and fiber optic lighting and signs, and providing regulations regarding the review of all other gas filled, illuminated and fiber optic lighting and signs, and providing details in regard thereto. 4. Ordinance No. 9, Series of 1993, first reading, an ordinance amending Chapter 18.04 of the Vail Municipal Code by the addition of Sections 18.04.137, 18.04.205, 18.04.251, 18.04.273 and 18.04.367, setting forth new definitions relating to the Zoning Code; repealing Section 18.54.050(C)(11); amending Section 18.54.040(C)(1) of the Vail Municipal Code by the addition of Paragraph (m) providing for outdoor lighting plans to be submitted to the Design Review Board of the Town of Vail; amending Section 18.54.050 of the Municipal Code of the Town of Vail by the addition of Paragraph (J) providing a new Section of the Design Review Board Guidelines relating to outdoor lighting; and providing details in regard thereto. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 5/11/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:~AGENDA.TC z VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, MAY 4, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Consent Agenda: A. Approval of the Minutes of the April 6, 1993, and April 20, 1993, Vail Town Council Evening Meeting Minutes. Mike Mollica B. Ordinance No. 10, Series of 1993, second reading, an ordinance rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. 7:40 P.M. 3. Ordinance No. 5, Series of 1993, first reading, an ordinance Shelly Mello amending Chapter 16.04, and Sections 16.12.010, 16.20.220, 16.22.160, 16.26.010, 16.20.015 and 16.22.016 of the Town of Vail Municipal Code to provide for the prohibition of neon lighting and signs and exterior gas filled, illuminated and fiber optic lighting and signs, and providing regulations regarding the review of all other gas filled, illuminated and fiber optic lighting and signs, and providing details in regard thereto. Action Reauested of Council: Approve/modify/deny Ordinance No. 5, Series of 1993, on first reading. Backaround Rationale: Over the past eighteen months, staff has worked with Council and the DRB to develop the proposed ordinance. The ordinance is a culmination of the comments gathered at these meetings. Staff Recommendation: Approve Ordinance No. 5, Series of 1993, on first reading. 8:00 P.M. 4. Ordinance No. 9, Series of 1993, first reading, an ordinance Andy Knudtsen amending Chapter 18.04 of the Vail Municipal Code by the addition of Sections 18.04.137, 18.04.205, 18.04.251, 18.04.273 and 18.04.367, setting forth new definitions relating to the Zoning Code; repealing Section 18.54.050(C)(11); amending Section 18.54.040(C)(1 } of the Vail Municipal Code by the addition of Paragraph (m) providing for outdoor lighting plans to be submitted to the Design Review Board of the Town of Vail; amending Section 18.54.050 of the Municipal Code of the Town of Vail by the addition of Paragraph (J) providing a new Section of th.e Design Review Board Guidelines relating to outdoor lighting; and providing details in regard thereto. Action Reauested of Council: Approve/modify/deny Ordinance No. 9, Series of 1993, on first reading. Backaround Rationale: During a Work Session on December 15, 1 1992, staff presented recommendations to Council for new standards to regulate outdoor lighting which were based on research done by David DeLaura, President of Lighting Technologies. Staff has incorporated the changes which were recommended by Council and believes the ordinance is now ready for adoption. Staff Recommendation: Approve Ordinance No. 9, Series of 1993, on first reading. 8:45 P.M. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 5/11/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/18/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~~~~~~~~~~~~~~k C:WGENDA.TCE 2 MINUTES VAIL TOWN COUNCIL MEETING APRIL 6, 1993 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 6, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 9:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Bob Buckley Jim Gibson Rob Levine Jim Shearer Tom Steinberg MEMBERS ABSENT: Merv Lapin, Mayor Pro-Tem TOWN OFFICIALS PRESENT: Larry Grafel, Acting Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Holly L. McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Ralph Davis asked Council to consider implementation of a mandatory or voluntary vehicle/truck weight restriction policy to help keep large trucks from tearing up the roads. Greg Hall advised this was one of the issues which would be addressed on Thursday, April 8,1993, at the Community Development Department's "Summer Construction Kick-off' meeting in Council Chambers. He suggested Mr. Davis attend that meeting. Bob Baker, president and resident of The Falls at Vail, inquired again about issues he had discussed with Council at the December 17, 1991, and Apri17, 1992, evening meetings. He felt the issues he had raised at those meetings, including concerns about road maintenance, landscaping, and drainage problems at the I-70 180 East Vail exit had still not been addressed. He recalled Ron Phillips had advised those undertakings had been scheduled for completion during the spring of 1992. Greg Hall reported on the progress of efforts to address these issues. Item No. on the agenda 2 was approval of the minutes of the March 2, 1993, and March 16, 1993 evening meetings. Tom Steinberg moved to approve these minutes, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 8, Series of 1993, first reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Steve Thompson briefly reviewed changes made to TOV's Schedule of 1992 Appropriations to be Rolled into 1993 and Supplemental Appropriations since Council had last reviewed it at the March 23, 1993 Work Session. Jim Gibson moved to approve Ordinance No. 8, Series of 1993, on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 4 was discussion regarding a Perf..,.~ance and Conference Center (P&CC) Demand Analysis. Steve Barwick explained the P&CC Finance Committee's desire to hire a firm to conduct an analysis of the likely usage and economic impact of the proposed Vail conference facility. After brief discussion, Rob Levine moved to approve expenditure of up to $35,000 for the requested use analysis; $15,000 of that amount was to come from Council Contingency funds. Bob Buckley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. After the vote, Cliff Gardner, P&CC Co-Chairman, discussed this issue from the viewpoint of being an item for election this fall. The P&CC Finance Committee asked for and received approval from Council to attempt to raise funds from private sources 1 to prepare this issue for the ballot this fall. Before discussion of Agenda Item No. 5, Larry Eskwith recommended Council adjourn for a brief Executive Session. Tom Steinberg moved that Council adjourn to Executive Session, with a second from Jim Shearer. Before a vote was taken, Mayor Osterfoss noted that, due to conflict of interest, Bob Buckley would not participate in this Executive Session discussion or discussion of Agenda Item No. 5. A vote was taken and the motion passed 5-0-1; Bob Buckley abstaining. Council reconvened at 10:05 P.M. Item No. 5 was an appeal of the Design Review Board's (DRB) March 17, 1993, decision approving the primary unit at 784 Potato Patch/Lot 15/Vail Potato Patch. The applicant was Loper Development. The appellants were Andy and Lucinda Daly and Mr. and Mrs. George Wiegers, represented by Art Abplanalp, attorney with the law offices of Dunn, Abplanalp & Christensen. Shelly Mello noted the DRB had unanimously approved the application for a primary unit on March 17, 1993, with the condition that the application meet zoning. There were also two recommendations to the applicant, the first being that the applicant amend the landscaping plan to include adjacent properties; the second being that stone be added to the lower level of the building. Shelly indicated there was an unusual situation with this appeal in that the secondary unit on this property was approved in October, 1992, prior to approval of the primary unit and was currently under construction. Mayor Osterfoss noted, in addition to the Design Review considerations on appeal to Council, there were other appeals pending that would be dealt with by the Planning and Environmental Commission (PEC). Those other appeals would not be subjects of discussion at this meeting. Larry Eskwith confirmed that the only concerns to be considered by Council during this appeal were those items related to the Design Review Guidelines. Larry referred specifically to Section 6 of Mr. Abplanalp's March 23, 1993, letter of appeal. Section 6 of that letter referred specifically to Design Review Guidelines 18.54.050.A.1, 18.54.050.A.2, 18.54.050.B.1, 18.54.050.B.2(a-e), concerning compatibility with existing structures, building sites and unique land f„~ ~s and features, location and configuration of structures and access ways with regard to existing topography, massing, terrain, proximity to adjacent properties, drainage, and general impact of proposed projects upon adjoining properties. Mr. Abplanalp's letter of March 23, 1993, indicated two adjacent property owners, Mr. and Mrs. Wiegers and Mr. and Mrs. Daly, disagreed with the DRB's determination that the proposal and plans for a primary residence to be located on the on Lot 15, Block 1, Vail Potato Patch, conformed with requirements of the Town of Vail Municipal Code. In that letter, Mr. Abplanalp referred to aspects he felt central to requirement for the disapproval of the proposal and plans submitted by Loper Construction Services, Inc., including uncertainty regarding GRFA and compliancy with other land use regulations, previous representation and reliance upon location and size of building and building envelope, violation of height limitation, absence of a model, ineffective staking and inspection, and violations of Design Review Guidelines. His letter concluded that premature consideration of the Loper application without zoning review, the mass of the proposed structure, its proximity to Potato Patch Drive, its configuration on the terrain, its height, and the GRFA proposed to be constructed violated either the letter or the intent, or both, of the design review regulations and the zoning code of the Town of Vail. Mr. Abplanalp reviewed the chronology of this project, noting that between the time of the approval of the secondary unit in October, 1992, and the primary unit, there had been a change of architects. Bill Pierce of Fritzlen Pierce Briner was the new architect engaged to complete the project, and because of the configuration of the lot and the plan as a whole, options for development of the primary unit were limited. The developer decided to maximize the square footage, but in such a way as it was not the same plan the applicants presented to the DRB in the fall of 1992, when the secondary unit was approved. Mr: Abplanalp felt there were procedural errors related to GRFA determinations and z(~ning. Mayor Osterfoss advised that that was one of the issues being handled by the PEC. Larry Eskwith indicated the project, in fact, had been found to be in compliance with zoning regulations. Secondly, Larry felt the record would show that when the issue was originally raised at the March 17, 1993, DRB meeting, no one had objected to proceeding with the project. Kristan Pritz confirmed that no one had objected. Mr. Abplanalp felt this was one of the difficulties of having a de novo hearing. Mr. Abplanalp's recollection was that when the question was raised, he illustrated a problem on the plan relating to the GRFA determination. He submitted there was improper consideration because the people who were there had no opportunity to review the 2 determinations. In retrospect, Mayor Osterfoss asked if a GRFA check was done on this project. Shelly confirmed it had been, and the project was found to be under its allowable GRFA. She added the space Mr. Abplanalp was speaking of had been addressed at the hearing. Mr. Abplanalp fully reviewed the history of the property. He felt this residence did not comply with the Design Review Guidelines. There was a review of those guidelines. Mayor Osterfoss asked Mr. Abplanalp to highlight the sections he felt were not in compliance. He highlighted Sections 18.54.050.A.1, 18.54.050.A.2, 18.54.050.B.1, 18.54.050.B.2(a-e), and he offered specifics to illustrate why he felt those were not in compliance. He distributed two exhibits, a page of notes from a DRB meeting, and a list of thirteen proposed findings, any one of which he felt warranted reversal of the approval of this project. There was discussion regarding whether or not the landscaping on the site was adequate and whether or not the adjacent property owners could work together on the landscaping issue. Mr. Loper was willing to work with the neighbors on this point. Kristan believed that the DRB felt the landscaping plan was adequate. George Lamb, DRB Chairman, confirmed that the DRB felt that the landscaping plan was adequate, and added that the applicant was willing to locate landscaping on neighbor's property to create a natural edge rather than a straight line of trees. Shelly added the staff was concerned with how that was being handled. If landscaping was to go onto the Cohen residence to the west and the Daly residence to the east, then those residents needed to be co-applicants on a single application for the landscape plan. Mr. Abplanalp felt, that although the landscaping was deemed adequate and was not a condition, the affect of that was that one property would be permitted to be developed in such a way that it could be maximized only by incorporating other property owned by neighbors in the mitigation plan, making the plan dependant, not self-sufficient. Mr. Lamb disagreed. He felt the applicant agreeing to a landscape flow showed sensitivity on the applicant's part to the neighbors' concerns. He felt this was a way to create a more natural streetscape. George Wiegers, property owner to the south of the proposed Loper development, felt the representations made in the October, 1992, hearings were not followed. His primary objection was to the mass of the proposed building. His secondary objection was that the mass of the buildings did not allow any room for drainage, which he said was a problem on that road. He felt the project would diminish the value of his property. There was discussion about allowable heights of retaining walls as stated in Section 18.58. Shelly Mello said an issue that comes up quite often was the question of when something become a retaining wall when it was part of the structure. In this case, staff determined that this element was in fact part of the structure, it was not a retaining wall, and because of that it had to be added to the setback. Shelly said the slope of the cut slope was less than 2:1, which Mayor Osterfoss added was a key point related to the Design Review Guidelines. Betsy Wiegers asked why, after originally disapproving the project, the DRB then approved it a month later. To try to clarify this for Mrs. Wiegers, Larry Eskwith and Mayor Osterfoss explained height and site coverage issues were not part of the DRB's function. Larry Eskwith felt that zoning gave individuals certain development rights related to height, site coverage, and interior volume (GRFA). He felt the Design Review Guidelines allowed individuals to utilize their development rights as set by the zoning code. He advised that the Design Review Guidelines picked up where zoning ended. He explained that the Design Review Guidelines came into play with regard to where a structure would be positioned on the site to be most appropriate in terms of its compatibility with the neighborhood. But the DRB, nor Council, had the right to determine the appropriate use of these items because those were "by right" criteria, not conditional uses, or special use permit requirements. Andy Daly, adjacent property owner to the east, said the results of the October 21, 1992, meeting which approved the secondary unit now under construction and near completion were based on a site plan and model showing a relationship of the secondary and primary units and how the primary unit would sit on the lot. He said they had some objections to the secondary unit, but, Mr. Daly said the Loper's responded to those objections. They were sensitive to landscaping and to some subtleties in design. As a result, Mr. Daly no longer objected to the secondary unit because the project on its own seemed to make sense. He said the DRB went through the whole process and began to see the relationships of the primary and secondary unit. He said he specifically asked the architect at that meeting about the 3 building envelope, feeling it looked to small to accommodate a primary unit. The architect reassured Mr. Daly that it was adequate to handle that. Mr. Daly was not challenging Mr. Loper's ability or right to build the square footage proposed, but he now challenged the lack of sensitivity and difference of the project from representations originally made. He thought those representations were the same as those made to the DRB. He pointed out that the DRB had only one continuing member of that Board, so he felt there was an incongruity in what had happened since four new members had been appointed to the Board. In addition, he asked whether the DRB failed to consider the massiveness and compatibility of the structure with the neighborhood. He felt the original plan considered that. He said he would not have been supportive of the original plan if there had not been certain representations he believed the previous DRB relied on. He distributed a computer generated photo based on the drawings provided. He felt this photo showed the massiveness of the project relative to the rest of the neighborhood. He noted other adjacent neighbors, Karen Josephson and Phil Freedman were unable to attend this evening's meeting, but they had sent a letter voicing their objections to Council. Dr. Cohen, another neighbor, also had signed a letter expressing concern about what was originally represented and what was before them now. He felt the DRB's mission was to see that structures met zoning requirements and to ensure that what was planned was consistent with what was already being developed or had been developed in the neighborhood while still allowing a new building to be designed in such a way that the owner could maximize what was permitted on the site. He felt the DRB was not protecting adjacent property owners. He acknowledged some of this was due to things beyond anyone's control, such as turnover on the DRB and loss of the tape of comments related to the representations that were originally made, and he hoped Council would realize that and ask the Loper's to re-examine the original building design so the neighbors were not faced with a footprint 70% larger than originally represented. Mr. Daly said there were approximately 40 changes made on the secondary unit after it had been approved. He felt it was important for Council to realize that the adjacent property owner's wanted protection and felt that the process had broken down through a series of mechanisms, and as a result, he felt the project should be required to be re-thought. Lucinda Daly expressed concern about potential loss of the view corridor at Potato Patch if the second phase of this project went ahead. She hoped the impact of the second phase could be reduced so it could go back on the originally proposed footprint and still get the square footage allowed. Mayor Osterfoss noted there were no provisions within the Design Review Guidelines relating to impact from views on adjacent properties. Mr. Abplanalp reviewed differences in the maps from what Council had seen during a site visit earlier this date and repeated that the appellants major concerns were the mass and the siting. Mr. Abplanalp said the original architect represented to the DRB and adjacent property owners that this building could be constructed and effectively maximized within the envelope originally represented to the DRB in October, 1992. He suggested without enforcement of zoning codes, people would find loopholes in the zoning code and misuse the process. Bill Pierce reviewed the history of the proposed construction of this project, responded to Mr. Abplanalp's March 23, 1993, letter point by point, and compared the particulars of the Wiegers' and Daly's residences to the proposed Loper residence. As everyone agreed, only the secondary unit gained approval in the fall of 1992, and Mr. Pierce did not believe the location of the primary unit was a specific of condition of approval for the secondary unit. On February 3, 1993, there was a conceptual review of the primary unit. He said the DRB required that both units be entirely compatible in architectural style and detail. He said he altered the size, style, and percentage of openings. Council reviewed and questioned various aspects of displayed blueprints of the project. There was a review of elevations of the project. Tom Steinberg initiated discussion about changes made to the project without design review. He felt this was happening far too often and should not be allowed. Mayor Osterfoss felt it was important in this case to look at what was built and ascertain whether or not that was compatible with the proposal for the primary unit. She said, according to the DRB, the design was compatible at this point. Mr. Pierce felt it was important to note there was no discussion at the February 3, 1993, meeting regarding any objection to the massing, siting, or setback issues that came up at a later date. After further review of the chronology of the history of this project, including some debate about technicalities cited in Mr. Abplanalp's March 23, 1993, letter, Bill Loper noted most of the numerous change made on the initial submittal were made because the DRB felt they 4 would be more appropriate. He also noted he called the Daly's when he first purchased the lot and indicated the Loper's wanted to share his road. That proved not to be possible for legal reasons. He noted it-was a difficult site to build on, and they have spent a great deal of time trying to work out the lot. He said they always intended to develop a house as large as was permitted, and the original footprint did not indicate he was not going to try to build approximately 3,700 feet. Mr. Loper explained the firing of his first architect and the engagement of Mr. Pierce because it was felt he understood the property, the DRB, and what the Loper's were trying to do. He said most of the things they have tried to do had been in an effort to mitigate the impact his project would have. He felt the plans shown represented a fair attempt at trying to do what would satisfy everyone. After further discussion and review of several related sections of the Design Review Guidelines, she noted by right, zoning on this site was not superseded by the Design Review Guidelines. Larry Eskwith confirmed that was accurate. After individual Council member input was heard, Rob Levine moved to overturn the DRB decision approving the Loper application based onnon-compliance with the Design Review Guidelines, specifically Chapter 18.54.050, Section A, Section B(1) and B(2), and Section I. Tom Steinberg seconded the motion. A vote was taken and the motion passed, 4-1-1, Jim Shearer opposed; Bob Buckley abstaining. Bob Buckley rejoined Council. Item No. 6 was an appeal of a PEC approval to allow a Type II Employee Housing Unit to be constructed on Lot 41/Glen Lyon/1210 Westhaven Lane. The appellant was Kristen Blume. The applicant was Larry Grace. Andy Knudtsen noted that the applicant's request for an EHU Type II required conditional use approval from the PEC. He reviewed the March 22, 1993, CDD memo to the PEC including a description of the request, a zoning analysis, criteria and findings, and staff recommendations. Andy called attention to the EHU Criteria and noted all of the criteria for this request were met without question. He said staff and PEC believed that the request met the conditional use criteria. He emphasized No. 3 regarding the effect upon traffic. He noted the amount of traffic the proposed EHU would generate in the neighborhood was the focus of discussion of this appeal from the view of two neighbors at this meeting. Kristen Blume expressed concern about the density and traffic flow throughout Glen Lyon. She did not feel the PEC had taken adequate consideration of the problems that extra housing would cause in the area. Mr. Grace felt this was a good area to accommodate employee housing, and explained his plans for having a caretaker on the site as he was only apart-time resident. He stated he understood the street there now serving one home was to be widened not only to permit access to his site, but other sites planned for development. Howard Stone, a resident two sites to the west of the subject property, agreed with Mr. Grace about the buildablilty of the site, and felt the requested EHU would be compatible from an architectural standpoint. He did not believe, however, that anyone had taken into consideration exactly where this site was. He did feel the Town had a need for employee housing, that staff encouraged Mr. Grace to consider this, but he referred to a number of problems with Westhaven Drive, including that it was the only road to the subject site. He, like Ms. Blume, was concerned about future requests from other homeowners in the area should Council later observe problems with too many EHUs there. After further discussion, Larry Eskwith confirmed that under Ordinance No. 1, Series of 1993, Westhaven Road would be dedicated to TOV and brought up to TOV standards. Andy Knudtsen noted currently the private driveway leading from Westhaven Drive to four lots in the subject area was substandard. He said Mr. Grace's development, with or without the EHU, required upgrading the driveway to 18' in width plus 1' shoulders on either side. Greg Hall said standards for a private road was 22' feet wide, however, the easement that was dedicated in the plat which could not be changed at this point was 20'. Greg indicated the easement had been fully utilized as based on the plat, and that was part of a prior agreement with the Forest Service. After brief discussion, Jim Gibson moved to uphold the PEC decision to allow a Type II EHU to be constructed on Lot 41, Glen Lyon Subdivision/1212 Westhaven Lane with findings per staff's memo. Rob Levine seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 was a Vail Town Council appeal of a DRB decision regarding final design approval of the Spraddle Creek Subdivision, located to the northeast of the Main Vail I-70 interchange. The applicants were SBC Development Corporation, represented by Emil Rothlisberger and Jay Peterson. Mike Mollica reviewed his memo to the DRB dated March 17, 1993, detailing 5 the DRB's granting final design approval for the Spraddle Creek Subdivision on April 17, 1991. That approval was valid for a period of one year. This original approval did expire, the ownership of the subdivision has changed, and subsequently the current owner had to come back through the DRB process to obtain DRB approval again. Mike stated the project was presented to the DRB exactly as it was in 1990 and 1991. He noted the DRB reviewed four categories on March 17, 1993, regarding the subdivision landscape plans and retaining walls; architectural site devel..~„uent and landscape guidelines -for residences; subdivision lighting standards and lot monument lighting; and the subdivision entrance sign, directory sign, and individual lot monument signs (residential name plates). Attorney Kevin Lindahl represented TOV on this issue due to a conflict of interest for Vail Town Attorney, Larry Eskwith. Mr. Lindahl advised Bob Buckley not to participate in the discussion or vote on this issue due to a conflict of interest. Tom Steinberg expressed concern about the possibility of this project being started and there being a possible bankruptcy. He wanted assurance that there would be adequate collateral to finish the project. Mike felt there would be adequate collateral to secure development of the project, and that the collateral issue would be further discussed under Agenda Item No. 8. Tom Steinberg moved to uphold the DRB decision with the same criteria for approval as used by the DRB. Jim Shearer seconded the motion. A vote was taken and motion passed, 5-0-1, Bob Buckley abstaining. Item No. 8 was a Final Plat review of the Spraddle Creek Subdivision, located to the northeast of the Main Vail I-70 interchange. The applicants were SBC Development Corporation represented by Emil Rothlisberger and Jay Peterson. Again Kevin Lindahl represented TOV on this issue due to a conflict of interest for Vail Town Attorney, Larry Eskwith, and Bob Buckley did not participate in discussion or vote on this issue. Mike Mollica noted the Final Plat for the Spraddle Creek Subdivision was approved by the PEC on February 11, 1991. The plat was never finalized and recorded because of outstanding conditions. The 1991 PEC approval carried 26 conditions, all of which had now been met, with the exception of the final language in the Subdivision Improvements Agreement, which Mike noted was currently being fine tuned, as well as some changes to the covenants for the subdivision. Mike indicated he had communicated very closely with Mr. Lindahl about that. Mike said staff recommended approval of the Final Plat and stated that the plat would not be recorded until the Subdivision Improvements Agreement and the covenants were in place. Tom Steinberg asked what amount of collateral the developer would be required to post, to guarantee completion of the project. Mike said there was a guarantee in the form of a letter of credit at 100% ($4.7 million). Mr. Peterson agreed it was 100% secured by the letter of credit. The project was scheduled to start this spring. Jim Gibson moved for final plat approval, with a second from Tom Steinberg. A vote was taken and the motion passed 5-0-1, Bob Buckley abstaining. Bob Buckley rejoined Council. Before adjournment, Pam Brandmeyer reviewed times and dates of various upcoming TOV events. There being no further business, Jim Gibson moved to adjourn the meeting, with a second by Jim Shearer. A vote was taken and the motion passed unan~*nously, 6-0. The meeting was adjourned at 12:36 A.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk Minutes taken by Dorianne S. Deto C:UAINSAPR6.93 6 i MINUTES VAIL TOWN COUNCIL MEETING APRIL 20, 1993 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 20, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob Levine Bob Buckley TOWN OFFICIALS PRESENT: Larry Grafel, Acting Town Manager Holly L. McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Bob Buckley thanked Merv Lapin for his generosity, time, and effort coordinating and hosting the Vail International Hockey Tournament during the week of April 8, 1993. Item No. 2 on the agenda was the appointment of one new member to the Planning and Environmental Commission (PEC). The candidates, interviewed by Council on Apri113,1993, were Walter D. Allen, Rivers A. Jardis, Donna M. Lang, Allison G. Lassce, and Ken Sortland. There was one position available. A ballot was taken, and Merv Lapin moved to appoint Allison G. Lassoe to the PEC for a two year term ending in February, 1995. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was Ordinance No. 8, Series of 1993, second reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Steve Thompson discussed changes to General Fund and Capital Projects Fund figures shown in the ordinance since first reading. He noted $4,500 had been added for the "Will Call Inspection Program," a cellular phone program for TOV's building inspectors, and explained the program, its benefits, and estimated revenue. He advised he had listed the $4,500 under supplemental appropriations, and asked Council if they wanted to implement the program now before TOV changed the ordinance to charge an additional fee for the program. If the fee structure had to be changed, it would have to be changed by ordinance. Jim Gibson moved to approve Ordinance No. 8, Series of 1993, on second reading with the immediate implementation of the "Will Call Inspection Program." Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 10, Series of 1993, first reading, an ordinance rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. The applicant was SBC Development Corporation, a Colorado Corporation, represented by Jay Peterson. Mayor Osterfoss read the title in full. This ordinance had originally been read and approved on first reading on April 16, 1991, as Ordinance No. 11, Series of 1991, but staff believed that since so much time had past since the initial reading, the ordinance should be reconsidered at this time and republished in full. Mike Mollica explained this was one of the final steps in planning process for Spraddle Creek. As detailed in the CDD memo dated April 20, 1993, to Council, the Final Plat for a major subdivision for Spraddle Creek was approved by the PEC with a number of conditions. One of the conditions stated that, "After final plat recording and before any building permits are released for site improvements or individual residences, the following condition must be met: The rezoning of all open space tracts within the subdivision shall be approved by the Vail Town Council. The requested zone designation 1 shall be Green Belt and Natural Open Space." The applicant agreed to that condition, and the PEC had recommended approval of the rezoning request. A map of Spraddle Creek Estates was posted and reviewed by Council. It was determined that Vail Associates, Inc. (VA} had a listing on this property, and Kevin Lindahl, attorney representing TOV due to a possible conflict of interest for Town Attorney, Larry Eskwith, advised that Bob Buckley should step down from further discussion and not vote on this item due to a possible conflict of interest. There was lengthy discussion concerning the ownership and maintenance of Spraddle Creek Road. Merv Lapin explained that his questions about this issue were related to ongoing TOV/Forest Service land negotiations. In response to Jim Shearer's inquiry, Mr. Peterson noted that when this ordinance was originally read and approved on first reading in 1991, the open space tracts had not been dedicated to the TOV. He said the land had been owned by George Gillett at the time, but now, the Homeowners' Association, as part of its covenants, were obligated to maintain the open space. There was also discussion about whether taxes on the property had been paid and related particulars. Mr. Lindahl explained if this parcel transferred to the Homeowners' Association, through recent legislation, there would not be taxes due on it. He said this being a new subdivision, if it was conveyed to the Homeowners' Association this year, there should not be taxes due on it as long as all previous years' taxes were paid. Mr. Peterson felt 1993 taxes would probably have to be paid on the whole subdivision. Jim Gibson moved to approve Ordinance No. 10, Series of 1993, on first reading, with a second from Jim Shearer. Before a vote was taken, Mike stated that the appropriate findings were built into the body of the ordinance. Merv asked that the motion for approval state that the ordinance was conditional upon the payment of 1993 taxes, and that the open space tracts be deeded to the association, but after review of those conditions, Merv asked instead that staff be directed to make sure the taxes were paid. Tom Steinberg suggested that as a condition of approval, the open space tracts be deeded to the Homeowners' Association. Mayor Osterfoss wanted to be certain the land would remain open space, and in the event of a tax sale, TOV would have an opportunity to acquire the open space lands. Mr. Lindahl felt it was unlikely that the State of Colorado would change its position on taxation. The State currently does not assess taxes on open space owned by Homeowners' Associations, given that the value of that property was reflected in the individual parcels value, and as long as it was held by that association for the benefit of those properties, those properties were worth more because they were adjacent to open space. After additional discussion concerning taxation and zoning, a vote was taken and the amended motion passed, 6-0-1, Bob Buckley abstaining. Bob Buckley rejoined Council. Item No. 5. was Proclamation No. 3, Series of 1993, a proclamation designating May 1, 1993, as Law Day U.S.A. Mayor Osterfoss read the proclamation in full. After brief discussion, Tom Steinberg moved to approve Proclamation No. 3, Series of 1993, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 7-0. Before agenda item No. 6, Mayor Osterfoss returned to topics of discussion not completed during this date's Work Session: * All Council members agreed to schedule their all day Council Long Term Goal Setting session for Wednesday, May 26, 1993. * Mayor Osterfoss noted that one issue brought to light during recent focus groups was that the public seemed unaware of Council's and TOV's goals, visions, and mission. It was felt the public seemed generally unaware of issues on Council agendas, and better ways of informing the public were being examined. Mayor Osterfoss suggested pursuing donated or purchased space in all three newspapers to list Council's upcoming agendas and goals Council would be working toward including notations describing progress made on those goals. She asked Caroline Fisher to report on TOV's ongoing informational efforts. Caroline noted she had been working to utilize PR avenues in TOV's communications with the public, including press releases and free media coverage. She said TOV had received a lot of support from the papers and the radio stations in trying to get out the Town's message, but it had been unanimously expressed in recent focus groups that perhaps newspaper space should be purchased regularly to print Council's agenda. She urged residents to call the local papers to let them know they think this would be a worthwhile use of space. Mayor Osterfoss noted Cliff Thompson, ABC Times Editor, had told her not only Council's agenda should be published, but also the Council goals and an update of what Council was doing was important public information. He felt his paper, except during very peak periods would be willing to 2 provide space at no cost to TOV. Mayor Osterfoss felt it would be unfortunate if TOV had to pay to provide this information in other papers. Caroline thought perhaps a compromise could be negotiated with the papers. Merv Lapin suggested TOV goals and the names and phone numbers of Council members be broadcast on Town of Vail Information Station, Channel 11. Council reached consensus to pursuing these additional public information avenues. * Caroline Fisher also reported the Citizen Surveys had been mailed last week, and responses were coming back at an average of 65 per day. She noted the response forms were pre-stamped for easier return. * Larry Grafel presented a number of Information Update items including a review of upcoming meetings, and information regarding the scope of advertising and response to date for the Vail Town Manager position. * Larry Grafel noted Evie Nott had met with him to discuss withdrawing the Vail Nature Center from the Vail Recreation District (VRD), and Ms. Nott had asked him to discuss this with Council for their input. Ms. Nott's concern was that the Nature Center program was not a recreation program, it was an education program., and she felt the Nature Center's intended purpose had been lost under VRD's management. There was Council discussion about the issue from a variety of viewpoints, at which time Jim Gibson asked that Ms. Nott be asked to supply factual information about her proposal. Larry Grafel agreed to arrange a meeting with Ms. Nott. * Under Council Reports, Tom Steinberg reported that NWCCOG was planning on revising their bylaws and dues structure. * Mayor Osterfoss reported on Eagle River Basin issues discussed at the Colorado River Water District meeting held on Friday, April 16, 1993. At 8:50 P.M., Jim Gibson moved that Council adjourn to Executive Session for discussion regarding land negotiation issues. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk Minutes taken by Dorianne S. Deto C:IMINAPR20.93 3 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: April 20, 1993 SUBJECT: A request to rezone Tracts A, B, C from Hillside Residential Zoning to Greenbelt-and Natural Open Space Zoning within the Spraddle Creek Estates Subdivision, an approximately 40 acre subdivision located north and east of the Main Vail/I-70 interchange. Applicant: SBC Development Corporation, a Colorado Corporation. ry': Planner: Mike Mollica I. INTRODUCTION On February 11, 1991, the final plat for a major subdivision for Spraddle Creek was approved with conditions by the Planning and Environmental Commission. One of the conditions stated that: "After final plat recording and before any building permits are released for site improvements or individual residences, the following condition must be met: •The rezoning of-all open space tracts within the subdivision shall be approved by the Vail Town Council. The requested zone designation shall be Green Belt and Natural Open Space The applicant agrees to this condition, and the PEC has recommended approval of the rezoning request. II. EVALUATION OF ZONE CHANGE REQUEST FROM HILLSIDE RESIDENTIAL ZONE DISTRICT TO GREENBELT AND NATURAL OPEN SPACE A. Suitability of Existing Zoning The staff and Planning and Environmental Commission have determined that it is appropriate to rezone the open space tracts in the Spraddle Creek Estates Subdivision to Greenbelt and Natural Open Space zoning. The Greenbelt and Natural Open Space zoning states, in Section 18.38.010: "The Greenbelt and Natural Open Space District is designed to provide areas which, because of their environmentally sensitive nature, should be protected from encroachment by any man 1 made structure other than picnic grills and tables; and is necessary to achieve the purposes proscribed in Section 18.02.020. The Greenbelt and Natural Open Space District is intended to ensure that designated lands remain in their natural, undisturbed state. The intent shall not preclude improvement of the natural environment by the removal of weeds, deadfall or similar compatible improvements..." , Staff believes that by rezoning these three parcels to Greenbelt and Natural Open Space, the intent that they remain as open space will be fulfilled. B. Is the Amendment Preventing a Convenient, Workable Relationship with Land Uses Consistent With Municipal Objectives? The rezoning effort iS consistent with municipal objectives to maintain these areas as open space within the Spraddle Creek Estates Subdivision C. Does the Rezonina Provide for the Growth of an Orderly. Viable Community? The rezoning supports the effort to provide for orderly growth while also maintaining important open space areas within the new subdivision. D. Land Use Plan The Land Use Plan designates this area as Hillside Residential. The Greenbelt and Natural Open Space Zone District is intended to keep these sites in their natural state. III. STAFF RECOMMENDATION The staff recommends approval of the rezoning as we believe the request meets the above criteria. This request is carrying out a condition of approval per the Planning and Environmental Commission's conditions of approval for the Final Plat for the major subdivision. Please note that the Council originally reviewed this ordinance and gave it first reading approval on Aprit 16, 1991. According to Section 4.10 -Procedure (Ordinance), of the Town of Vail Charter, "If the ordinance is approved on first reading, it shall be published once in full unless otherwise provided herein. The Council shall set a day, hour and place at which Council shall hold a public hearing on the ordinance and notice of said day, hour, and place shall be included in the first publication". Staff believes that since so much time has past since the initial reading of the ordinance in 1991, that the ordinance should be reconsidered at first reading and republished in full. 2 ORDINANCE NO. 10 Series of 1993 AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING, SECTION 18.09 TO GREENBELT AND NATURAL OPEN SPACE ZONING, SECTION 18.38 WITHIN THE SPRADDLE CREEK ESTATES SUBDIVISION, AN APPROXIMATELY 40 ACRE PARCEL LOCATED NORTH AND EAST OF THE MAIN VAIL I-70 INTERCHANGE. WHEREAS, an application has been submitted to rezone three parcels within the Spraddle Creek Estates Subdivision, commonly referred to as Tracts A, B and C, from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District in order to ensure that the Tracts remain in their natural state; and WHEREAS, the rezoning effort is consistent with Municipal objectives to maintain these proposed Tracts as open space within the Spraddle Creek Estates Subdivision; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that the procedures for a zoning amendment as set forth in Section 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all of the requirements of the Municipal Code of the Town of Vail relating to zoning amendments have been fully satisfied. Section 2 The Town Council hereby rezones the property from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1993. A public hearing shall be held hereon on the day of , 1993, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ~ 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: April 29, 1993 _ SUBJECT: Review of Recent Recommendations to the Town's Sign Code to Address Neon; Gas Filled, and other Energized Lighting and Signs. Below is a summary of the Design Review Board's and Town Council's recommendations on the proposed changes to the sign code. 1. All exterior neon, gas filled, illuminated, and fiber optic signs would be prohibited throughout the Town. However, pan channeled signs in which neon is completely concealed by a translucent material would still be allowed and require DRB approval. 2. Other types of gas filled, illuminated and fiber optic signs will be allowed for interior window signs in all zone districts within the Town. Only neon filled signs and lighting will be prohibited in all zone districts within the Town, for both interior and exterior uses. 3. Illuminated/Gas Filled/Fiber OAtic interior Window Signs" a. Size -size of internal gas filled signs will be limited by the window size of the business. Currently, the maximum allowable square footage for window signs is 15% of the window area not to exceed 10 square. feet. For example, if a window is 10 square feet, then up to two window signs having a total area of 1.5 square feet are allowed. The staff would recommend that the size of gas filled signs be limited to 15% of the window size with a maximum of 3 square feet. b. Number - A maximum of two window signs would be allowed per frontage. A maximum of one window sign per frontage could be illuminated, gas filled or fiber optic. c. Location/Design -The DRB would review all gas filled signs. No exterior signs would be allowed. * Window Signs -Currently, any sign within 3 feet from the interior surface of the window is addressed by the Town's sign code. The Council requested that the staff investigate options for addressing the issue of signs that are located beyond the three- foot limit that are clearly visible. After much discussion, the following changes are proposed for illuminated, gas filled and fiber optic window signs: 1 1. Signs within 3 feet of the interior of the window pane would be restricted as outlined in items 1 - 4; 2. All signs further than 3 feet from the interior of the window pane and less than 5 square feet would be exempt from review; 3. All signs greater than 5 feet square feet and less than 10 square feet in size which are more than 3 feet from the window pane and visible from a public way would be reviewed under the criteria listed-:in.itemS ;1 - 4; 4. Signs which are more than 3 feet from `the window"surface and greater than 10 square feet in size, that could be seen from the public way, would be prohibited. This proposal does not prohibit illuminated, gas filled and fiber optic signs entirely, but it does allow for additional review. 4. Illuminated gas filled and fiber optic accent lighting would be allowed and would be reviewed by the DRB. Neon accent lighting would be prohibited. 5. The amortization process and time period are already established in the code. 6. Business Identification Signs/Window Sign Style: If a business opts to make their exterior business identification sign a window sign instead, the maximum square footage of the sign could be 10 square feet if the sign is gas filled. Please see Ordinance #5, Series of 1993, for the specific code changes. All additions to the code are indicated in bold. 2 f ORDINANCE NO. 5 SERIES 1993 AN ORDINANCE AMENDING CHAPTER 16.04, AND SECTIONS 16.12.010, 16.20.220, 16.22.160, 16.26.010, 16.20.015 AND 16.22.016 OF THE TOWN OF VAIL MUNICIPAL CODE TO PROVIDE FOR THE PROHIBITION OF NEON LIGHTING AND SIGNS AND EXTERIOR GAS FILLED, ILLUMINATED AND FIBER OPTIC LIGHTING AND SIGNS, AND PROVIDING REGULATIONS REGARDING THE REVIEW OF ALL OTHER GAS FILLED, ILLUMINATED AND FIBER OPTIC LIGHTING AND SIGNS, AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds that signage has a significant impact on the visual quality and character of the Town; and WHEREAS, it is important to maintain the quality of the signage in order to maintain a resort market preserving the unique character of the Town and fostering the quality of the Town; and WHEREAS, the Town Council finds that the proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with the high quality resort environment; and WHEREAS, the Town Council finds that effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 1 Chapter 16.04 is hereby amended by the addition of the following sections: Section 16.04.165 Neon Light or Sian - a sign or light in which a colorless, odorless, primarily inert gaseous element known as neon is found and produces illumination. Section 16.04.115 Gas Filled Light or Sian - a light or sign in which illuminating gas is burned to produce light. Section 16.04.125 Illuminated Light or Sian -alight or sign emitting or reflecting a steady suffused or glowing light. Section 16.04.075 Fiber Optic Light or Siqn -alight or sign of very thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction and transmits throughout its length through internal reflections. Section 16.04.125 Lightinq, accent - "accent lighting" means a light source -R 1 illuminating a surface by the means of spotlights, gas filled tubing or other similar features. Section 2 Section 16.12.010 - Paragraph C is hereby amended to read as follows: C. Review and approval of the Design Review Board for window signs exceeding five (5) square feet but not more than ten (10) square feet, exterior signs exceeding 5 square feet, subdivision entrance signs, all sign programs, permitted pan channelled, gas filled lighting/ sign, illuminated lighting/sign and fiber optic lighting/sign. Section 3 Section 16.20.220 -Paragraph B(1) and Section 16.22.160 -Paragraph B(1) are hereby amended to read as follows: Section 16.20.220 -Paragraph B(1) -Size and Section 16.22.160 Paragraph B(1) -Size Any sign or signs attached to or applied to the inside surface of any exterior window will be limited to a coverage of 15% (fifteen percent) of the total window space. Further, with the exception of illuminated, gas filled and fiber optic signs, no sign or signs shall cover more than ten (10) square feet of any window space. Illuminated and gas filled signs shall not cover more than three (3) square feet of any window space. Section 4 Section 16.20.220 - Paragraph D -Number and Section 10.22.160 Paragraph D -Size are hereby amended to read as follows: Section 16.20.220 - D -Number and Section 16.22.160 B(1) -Size Each window frontage may contain sign or signs within the prescribed sign limits for each frontage on a street or major pedestrian way with a maximum of two (2) signs per frontage. Not more than one (1) sign for each frontage shall be permitted to be illuminated or gas filled or fiber optic. Section 5 Section 16.20.220 Paragraph F and 16.22.160 Paragraph F are hereby amended to read as follows: 2 Paragraph F -Design -All illuminated, gas filled or fiber optic window signs shall be subject to review by the Design Review Board. Section 6 Section 16.20.220 Paragraph I(4) -Special Provisions is hereby amended by the addition of sub paragraph I(4) to read as follows: I(4) - An illuminated, gas filled or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. One (1) square foot of sign shall be allowed per each five lineal feet of frontage of the individual business or organization having its own exterior public entrance in a single business use or a multi- tenant building with a maximum of three (3) square feet of sign allowed for a business with insufficient frontage. A maximum of 10 sq. ft. shall be allowed for one (1) sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section 7 Section 16.22.160 Paragraph I(2) -Special Provisions is hereby amended by the addition of paragraph 1(2) to read as follows: I(2) An illuminated, gas filled or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. 2.5 square feet of sign shall be allowed per each five (5) lineal feet of frontage of the individual business or organization having its own exterior entrance in a single business use or amulti-tenant building, with a maximum of five (5) square feet of sign allowed for businesses with insufficient frontage. A maximum of ten (10) square feet shall be allowed for one (1) sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section 8 Section 16.26.010 of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph M to read as follows: Section 16.26.010 -Paragraph M 1. All neon signs. 3 2. All illuminated, gas filled and fiber optic signs and {ighting located on the exterior of any building or structure. 3. Illuminated, gas filled and fiber optic window signs which are greater than ten (10) square feet in size and which can be seen from any public way within the Town. Section 9 Chapter 16.20 is hereby amended by the addition of Sections 16.20.015 to read as follows: Section 16.20.015 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate windows or display material; B. Location. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. Section 10 Chapter 16.22 is hereby amended by the addition of Section 16.22.016 to read as follows: Section 16.20.016 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate windows or display material; B. Location. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. If any part, section, subsection, sentence, clause or phrase of this ordinance is for 4 any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of 1993, and a public hearing shall be held on this Ordinance on the day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED 5 this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk C:\ORD93.5 6 ORDINANCE NO. 9 Series of 1993 AN ORDINANCE AMENDING CHAPTER 18.04 OF THE VAIL MUNICIPAL CODE BY THE ADDITION OF SECTIONS 18.04.137, 18.04.205, 18.04.251, 18.04.273 AND 18.04.367, SETTING FORTH NEW DEFINITIONS RELATING TO THE ZONING CODE; REPEALING SECTION 18.54.050(C)(11); AMENDING SECTION 18.54.040(C)(1) OF THE VAIL MUNICIPAL CODE BY THE ADDITION OF PARAGRAPH (m) PROVIDING FOR OUTDOOR LIGHTING PLANS TO BE SUBMITTED TO THE DESIGN REVIEW BOARD OF THE TOWN OF VAIL; AMENDING SECTION 18.54.050 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF PARAGRAPH (J) PROVIDING A NEW SECTION OF THE DESIGN REVIEW BOARD GUIDELINES RELATING TO OUTDOOR LIGHTING; AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail wishes to minimize the unintended and undesirable side effects of outdoor lighting, while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting; and WHEREAS, the Town Council wishes to establish a new section of the Town's Design Guidelines, setting forth standards to regulate outdoor lighting. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.04 of the Vail Municipal Code is hereby amended by the addition of Section i 8.04.137 to read as follows: Full Cutoff -Alight source in which no more than 2.5 percent of its total output is emitted above 90 degrees as measured from nadir as shown in the example below: r . y ~ ? ' • ~ • ' • , ~ r i r ~ ~ M~ r V Y ~ ~1 o~ , . ~ ~l ~ . Section 2 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.205 to read as follows: Light Source - a single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. Section 3 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.251 to read as follows: Luminous Area -The maximum light emitting area of a tight source, measured in square inches. The maximum light emitting area is the area of translucent material which encases a light source. In the case of a clear glass covering, the luminous area is the area of the light source. Examples of luminous area are shown below: w ( ~ 1 mt...~.r • 10" :'r . O ,'S•.i . I ~ - 'Town and Country Spot li ht • Translucent Encasement Radius • two Inches luminous area • (8 x 10) . 80 sq. In. luminous area •(3.14)(2^) • 12.6 sq. In. l9 8" 1" 1 ~.1" I I • ~ - `w Town and Country Clear Glass Flame Style luminous area • ((19/8) x (4.4)) .10.45 aq. in. luminous area • (1 x 4) • 4 sq. ln. 2 r, Section 4 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.273 to read as follows: Outdoor Lighting -Any light source, or collection of light sources, located outside a building, including but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on free standing poles. Section 5 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.367 to read as follows: Source Lumens -Total initial lamp lumens of the light source. Section 6 Section 18.54.040(C)(1) of the Vail Municipal Code is hereby amended by the addition of Paragraph (m) to read as follows: (m) Lighting Plan. An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in Section 18.54.050 (J)2. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the Town of Vail Community Development Department. Section 7 Section 18.54.050(C)11 of the Town of Vail Municipal Code is hereby repealed: ~;9~ 'nimi~a-impa~-e~f 1+yhti;;~ ~:r3a-4+~+eg-a~Eas ~;ithin p-apesed p-e}cet ~-~-u~c„ ~,djti,E::t sT~c~,;~-u,~,d der-t+e~ 3 } a Section 8 Section 18.54.050 of the Vail Municipal Code is hereby amended by the addition of Paragraph {J) to read as follows: 1. Purpose This section of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of fighting which is needed for the property on which the light sources are located. In addition, the purpose of this section is to protect the legitimate privacy of neighboring residents by controlling the intensity of the fight source. 2. Approval Required All outdoor lighting within the Town limits shall conform to the standards set forth below. For the purposes of this section, residentially zoned properties shall be defined as those in Hillside Residential, Single Family, Two-Family, Primary/Secondary, Residential Cluster, Low Density Muiti-Family and Medium Density Multi-Family Zone District, as well as all Special Development Districts which have any of the above-referenced zone districts as the underlying zoning. All other zone districts shall be considered, for the purposes of this section, as being commercially zoned. a. Luminance: Light sources located on all property in the Town of Vail which are not fully cutoff shall exhibit a ratio of source lumens to luminous area not exceeding 125. For example: source lumens < 125. luminous area 4 b. Frequency: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per 1000 square feet of lot area. The location of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. c. Height Limits for light fixtures: (1) For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed 35 feet. The maximum mounting height for light sources affixed to vegetation shall not exceed eight (8) feet. (2) For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight (8) feet. d. Light sources affixed to structures: For all properties within the Town of Vail, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. e. Cutoff shields: All light sources located in commercial zone districts which exceed 15 feet in height shall exhibit a full cutoff shield. f. Lights which flash, move revolve, rotate, scintillate, blink, flicker, vary in . intensity or color, or use intermittent electrical pulsation are prohibited. 3. Exemptions. The standards of this section shall not apply to: a. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed in Section 18.54.050 (J)2, and which are illuminated only between November 1 and April 15 of each year. b. Christmas tree lights which are temporary in nature and are located in zone districts other than those residential districts listed in Section 18.54.050(J)2. c. Sign illumination, as set forth in Title 16. d. Municipal lighting installed for the benefit of public health, safety and welfare. Section 9 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared 5 invalid. Section 10 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 11 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 12 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1992. A public hearing shall be held hereon on the day of , 1992, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. 6 4. t Margaret A. Osterfoss, Mayor _ ATTEST: Holly L. McCutcheon, Town Clerk c:Uig ht ing\vers ion8.993 7 ' c am. T ~'~--P ~ / 8 4~ ~l ~v - ~ ~ J ' - _ ~L CIO . a3 . _ - _----G;-~---- ~ _ ~~G~~ ~ - _ / ~ ~d _ _ INSTRUCTIONS HOW TO FILL OUT A PURCHASE ORDER PART I Batch and Purchase Order number will be automatically assig- ned. Buyer - Your initials. Date - Carriage return and it will record the current date or enter another date. Due Date - Enter the date you want this purchase order paid. If you want this p.o. paid a.s.a.p. finance must be notified. If there is a monthly statement sent to this vendor enter this date as the 5th of the following month. Contract, Quote, Terms - Carriage return (Terms should be input in the vendor information screen). Subtotal - Amount should equal amount of purchase order less freight charges if known. Freight Charges - Enter this amount if known. Total - Amount is self-computed. P.O. Type - Enter "R" for Routine. Cost Center - Enter "1". Vendor Number - Enter vendor number from your vendor list or if new vendor add to list by going to the Purchasing Menu #5/Maintenance Menu. Delivery Location - Enter "1". FOB, Spec Inst, Status - Carriage return. Final Step to Part I - Save .(enter a "period"). . PART II LA Screen - M for Miscellaneous (the other three selections will not be used at this time). Req - Carriage return Ln - Carriage return Q~ - Quantity of item ordered. UOM - Unit of measure - available selections are: BBL - Barrel BOX - Box CS - Case DZ - Dozen EA - Each GAL - Gallon GRS - Gross LB - Pound QT - Quart Most common used measure is EA (each). If other selections don't apply use this selection. 1099 - Enter "Y". Description - Describe item ordered. After the description is entered save this section with a "period". Computer will then take you to the vendor stock Vendor Stock Number - Carriage return. Unit Price - Enter price of each item. (Do not enter total amount of items... i.e. if you bought 10 gallons of paint @ $15 per gallon enter $15 here.) Discount Price - Enter same as unit price. If a percent discount has been entered in vendor information screen this amount will be self-computed. Trade Discount - Discount amount if any. Subtotal - Self-computed Sales Tax - Carriage return (we do not pay sales tax). Freight - Enter freight amount. Total - Self-computed. After the total has been computed the computer will then take you to the vendor stock number again. Dc a save here (enter a "period"). If you have more items to input repeat this screen for each item. PART III Enter the GL (general ledger) screen. Enter the general ledger account distribution and amounts for your purchase order. You must space between each set of general ledger numbers. Do a slash when you are done to enter the "mode" then do a save ("period"). Do a save again to finish your purchase order. If the amounts on all three parts of your purchase order do not balance the computer will notify you of this. You then have to enter the M, LA, or GL screen again to change the purchase order. To do a change enter M for changing information on your main screen, enter LC for changing information on your line item screen, and enter GL for changing information on you gl distribution screen. LD will allow you to delete an item in the line item screen. LL will allow you to look at the line item screen. It will ask you what line number you wish to see. The computer will ask you if you want to print your purchase order now. You must answer Y for yes or N for no. PLEASE REMEMBER A PURCHASE ORDER MUST BE FILLED OUT BEFORE AN ORDER IS MADE. . . Proposed Fd Dept Acct Pry Account Title Budget O1 1400 5b100 000 Salaries b(• $400. 63.$10 86, 7%5 O1 1400 50200 b00 Overtime 500 O1 1400 50300 000 Insurance 4,801 01 1400 50400 000 Retirement 14,754 O1 1400 50500 000 Ski Pass 887 O1 1400 50700 000 Medicare 239 O1 1400 51210 000 Professional Fees 1,650 O1 1400 51221 000 Election Fees • O1 1400 52101 000 Professional Development 1,715 J O1 1400 52102 000 Professional Dues 135 r O1 1400 52104 000 Meals 200 J • 01 1400 52105 000 Mileage Reimbursement 200 O1 1400 52303 004 General Office Supplies 50G O1 1400 52856 000 Publication of Legal Notices 5,000 O1 1400 52858 000 Miscellaneous 300 O1 1400 56060 000 Capital Out/ Furniture 2,300 1400 ####Tomn Clerk 124,956 14~~ ##~#Town Clerk 124.956 '~Y . • ~ .