HomeMy WebLinkAbout1994-07-05 Support Documentation Town Council Evening Session
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VAIL TOWIV COUIVCIL
EVENiNGa MEETINGi
TUESDAY, JULY 5, 1994
7:30 P.M. IN TO!! COIJtVC9L CHe411NBERS
EXPANDED A?GENDA
7:30 P.M. 1. CITIZEiV PARTICIPATION.
* Proposal by Elizabeth Wilt for TOV to consider a memorial placque to be placed
on the Covered Bridge for John and Cissy Dobson and a memorial placque at
Crossroads for Chuck Betcher.
7:35 P.M. 2. Consent Agenda:
A. Approval of the Minutes of the June 7, 1994, and June 21, 1994, Vail Town
Council Evening fiAeetings.
B. Ordinance No. 9, Series of 1994, second reading, an ordinance amending
Chapter 18.40, Special Development Districts. Applicant: Town of Vail.
C. Resolution No. 9, Series of 1994, a resolution releasing a Title Restriction
on Lots 1 and 2, Block 1, Lionsridge Subdivision, and permanently
Restricting Site 4, Casolar Vail, Fourth Filing, from all development.
(Request to table indefinitely.)
3. Ordinance No. 11, Series of 1994, second reading, an ordinance making
supplemental appropriations from the Town of Vail General Fund, Capital Projects
Fund, the Real Estate Transfer Tax Fund, and Bond Proceeds Fund, of the 1994
budget and the financial plan for the Towrn of Vail, Colorado; and authorizing the
expenditures of said appropriations as set forth herein; and setting forth details in
regard thereto.
7:45 P.M. 4. Ordinance No. 10, Series of 1994, first reading, an ordinance amending Chapter
Mike Rose 18.52, Off-Street Parking and Loading.
Action Requested of Council: Approvetdenylmod'rfy Ordinance No. 10, Series of
1994, on first reading.
Backqround Rationale: Council discussed Ordinance No. 10, Series of 1994,
during VUork Session this date. The ordinance wrould establish an off-street
parking fee of $15,000.00, up from $8,595.00. The increase is based on the actual
cost of a parking stall built in the area.
Staff Recommendation: Approve Ordinance No. 10, Series of 1994, on first
reading.
8:30 P.M. 5. Ordinance No. 12, Series of 1994, second reading, an ordinance repealing Section
Tom Moorhead 9.56 - Concealed Weapons and 8.24.030 - Discharqinq Firearms of the Town of
Vail Municipal Code and enacting Chapter 9.56 - Offenses Relatinq to
Weapons, Criminal Attempt, and Complicity and Amending Ssection 1.01.100 -
Violations and Punishment.
Action Reauested of Council: Approve/deny/mod'rfy Ordinance No. 12, Series of
1994, on second reading.
Backqround Rationale: This ordinance establishes comprehensive regutations
concerning weapons, criminal attempt, and complicity.
Staff Recommendation: Approve Ordinance No. 12, Series of 1994, on second
reading.
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9:30 P.M. 6. Ordinance No. 14, Series of 1994, first reading an ordinance amending Chapter
Andy Knudtsen 18.57, Employee Housing, and setting forth details in regard thereto.
Action Requested of Council: Approve/deny/modify Ordinance iVo. 14, Series of
1994, on first reading.
Backqround Rationale: Council discussed Ordinance No. 10, Series of 1994,
during Work Session this date. Council directed staff to tighten the language in
the Employee Housing Ordinance to make it more effective. Staff believes the
proposed language fuffills this goal. On 6/13/94, the PEC voted 7-0 recommending
approval of the changes. The memo and minutes from that meeting are attached
for CounciPs informat+on.
Staff Recommendation: Approve Ordinance fVo. 14, Series of 1994, on first
reading.
10:00 P.M. 7. Resolution fVo. 16, 1994, a resolution authorizing the Town of Vail to rent a safe
Christine Anderson deposit vault at the First Bank of Vail and authorizing certain officers to sign a
lease therefore, to terminate the lease, to surrender the box, return the keys, and
release the bank from any liability in connection therewith.
Action Requested of Council; Approve/deny/modify Resolution No. 16, Series of
1994.
Backqround Rationale: The resolution will update Resolution No. 19, Series of
1990, to incorporate new employee names. The bank w?ill not accept the "or his
successor" language. They need this new resolution naming Robert W. McLaurin
and Steven J. Thompson specifically.
Staff Recommendation: Approve Resolution No. 16, Series of 1994.
10:05 P.M. 8. Town Manager's Report.
Bob McLaurin
10:30 P.M. 9. Adjournment.
NOYE UPCOiU11NG MEETING STARY TIIIAES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
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TFIERE 1fl/9LL BE A SPECIAL WOFiK SESSIOfV
ON VVEDNESDAY, JULY 6, 1994, BEGINNING AT 3:00 P.M.
AT MANOF3 VAIL, 595 EAST MEADOW DRIVE.
1'HERE UlIILL BE BVO VAIL TOlNN COUNCIL WOFiK SESStON ON TvESDAY, 7/12/94.
THE NE}tT VA8L TOWF! COUNCIL REGULAR WOR9C SESSION
!AliLL BE ON TUESDAV, 7/19/94, BEGIiVNING AT 2:00 P.M. 6N TOV COUNCIL CHAIVIBEFiS.
THE NEXT VAIL TOWN COUNCIL FiEGULAR EVENiNG AAEET9NG
lMIL.I. BE 0N 7UESDAY, 7/19/94, BEGIIVNIiVG AT 7:30 P.M. Ild TOV COUNCIL CHAMBERS.
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C:VIGENDA.TCE
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June 14th, 1994
Town Council
75 S. Frontage Road
Vail, CO 81657
Dear Sirs:
I am requesting the opportunity to make two (2) Proposals for the
Town's consideration at the July 5th Town Council Meeting:
1) A memorial plaque be placed on the Covered Bridge, naming
it the "John and Cissy Dobson Memorial Bridge." John and
Cissy did so much for the deve1opment of Vail; not only
was John the mayor, but Cissy was partially responsible for
the existence of the Vail Interfaith Chapel, etc., etc.
Having been a Vail Valley resident since 1969, I was wit-
ness to many of their contributions throughout the years.
2) A memorial plaque (or perhaps a small statue of a figure
climbing a mountain with a small plaque underneath) be
placed at Crossroads in the center of the benches where
people frequently gather for lunch, just outside of the
movie theater, in memory of Chuck Betcher.
I thank you in advance for your consideration.
Sinc rely,
E1i eth Wilt
i
H & K Managemegat Co. - ~ ,
Vail Professional Building
, 953 South Frontage Road W. f~
Vail, Colorado 81657
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MINUTES
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, JUNE 7, 1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday,
June 7, 1994,- in the Council Chambers of the Vail Municipal
Building. The meeting was called to order at 7:30 P.M.
MEMBERS PRESENT: Sybill Navas
Jim Shearer
Tom Steinberg
Jan Strauch
MEMBERS ABSENT: Peggy Osterfoss, Mayor
Merv'Lapin, Mayor Pro-Tem
Paul Johnston
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town
Manager
Mary Caster, acting on behalf of
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. The
Council had received in their packets, a proposal from Rachel Lenz,
representing Bravo! Colorado,.requesting permission to place a cart
in Vail Village or Lionshead to sell Bravo! tickets during the
summer. Pam Brandmeyer stated that she had talked to Rachel on the
phone earlier and had informed her that it was against Town of Vail
ordinances to permit the cart, but felt that she had given her some
other options.to pursue.
. Also under Citizen Participation, Colleen McCarthy, a resident of
West Vail, addressed the Council regarding an article that recently
appeared in the Vail Vallev Times regarding lack of involvement of
the West vail neighborhood in the Vail Commons process. Bob
Mclaurin stated that West Vail would be included on project team
that will be working on the project. Bob also stated that public
meetings will be scheduled to receive input on the subject.
The next item on the agenda was the approval of the Minutes of the
May 3, 1994, and May 17, 1994, Vail Town Council Evening Meetings.
Jim Shearer made a motion to approve the minutes as written and Jan
and Strauch seconded the motion. A vote was taken and the motion
passed unanimously.
The next item on the agenda was the first reading of Ordinance No.
12, Series of 1994, an ordinance repealing Section 9.56 - Concealed
weapons and 8.24.030 - Discharqinq Firearms of the Town of Vail
Municipal Code and enacting Chapter 9.56 - Offenses Relatinct to
Weapons, Criminal Attempt, and Complicitv. Ken Hughey, Chief of
Police, presented the ordinance to the Council, stating the intent
of this ordinance was to prohibit the possession of dangerous or
deadly weapons including posession within bars or liquor stores.
Ken stated that this ordinance was similar to legislation passed by
the Town of Breckenridge in 1981. There was some discussion
regarding the possibility of limiting sales within the Town of
Vail, such as Gart Brothers. Tom Moorhead, Town Attorney, stated
it would probably be unconstitutional to limit sales in stores such
as this. There was much discussion following relating to the
problem of people having guns in their houses and not knowing the
problems of how firearms work. The possibility of safety classes
being enforced on people prior to buying firearms, much like the
hunter safety classes currently in place was discussed. It was
suggested that purchasers could be required to obtain a license
prior to obtaining a firearm at a cost of $500 -$1000. The
- question was raised as to the curing time it takes to be able to
obtain a firearm. Ken Hughey stated he believes it is all done
instantly through computers. He felt this was a national search,
but would research the matter to be sure.
Buck Allen, Municipal Judge, stated that as the law is currently
written, if a person walks into an establishment with an exposed
weapon, it is not illegal. This ordinance would prohibit such
conduct. Police now cannot act until a weapon is concealed. Tom
Moorhead stated that the combination of alcohol and weapons are
addressed as violations within this ordinance.
Jim Shearer questioned how a gun dealer determines if person is
under influence. Tom Moorhead stated that the same standards as
used by bartenders and bar managers relating to smell of alcohol,
appearance, good sense of time and place would be determining
factors. Age restriction of firearm purchase was also discussed.
Ken Hughey stated he would check on this before second reading.
Sybill Navas stated she would like to see the ordinance more
stringent if possible and would like Tom Moorhead to research
further.
Tom Steinberg asked if there was any age restriction on purchasing
of a gun in the State of Colorado. Tom Moorhead stated he was
unaware of such a law, but would look into it. Jim Shearer stated
he would like to see a local law requiring a commercial business
license to sell firearms and a commercial address, to prevent
tailgate selling of guns, if it is legal. Jim Shearer also
expressed his concern on allowing the Division of Wildlife to f.ire
M15's (firecrackers) in town to scare bears away, alarming people
in town who may think guns are being fired.
Jan Strauch expressed his concern for more education on firearms
use.
Tom Steinberg stated that along with the drugs and alcohol,
individuals suffering from mental disorders should be included
within the list of reasons to preclude selling to individuals. Tom
was asked to research this also.
Tom Moorhead stated that the one outstanding issue that still
needed to be addressed was the penalty issue. The present penalty
for carrying a concealed weapon is up to a$999 fine and/or
incarceration not to exceed 180 days. There is another provision
of a lesser penalty, that being up to $499 and a 90 day fine.
Buck Allen stated that during the time he has been here, the fine
range has been $0 -$300 and 0- 90 days in jail. As the municipal
courts have gained in standing throughout the state and through the
state legislature, the fine level has been raised to the current
level as Tom stated. Being a home rule municipality, the Town of
Vail can set the, fine ranges. Judge Allen felt the fine provisions
for carrying a concealed weapon should be the maximum range. He
also suggested raising the general penalty for all ordinance
violations to the $0 -$999, 0- 180 days in jail range. Tom
Moorhead stated that the general penalty section of the code could
be amended to reflect this. Judge Allen stated that discussions
have been held in conjunction with the Vail Police Department to
update the criminal code and he would be addressing the Council
regarding this matter. Jim Shearer asked for the record, how
long the Town had been working on this ordinance. Ken Hughey
stated that his department had been working with the Town Attorney
for approximately 2-3 months. Jim thought this needed to be
clarified, due to recent actions occurring at the Town of Vail.
Jim Shearer made a motion to approve Ordinance #12, Series of 1994,
on first reading, to include amending general penalty section as
suggested by Judge Buck Allen. The motion was seconded by Sybill
Navas. Tom Steinberg asked Tom Moorhead to research whether this
precluded including automatic weapons before second reading.
A vote was taken and the motion passed unanimously.
'rhe next item on the agenda was the first reading of Ordinance No.
13, Series of 1994, an ordinance repealing and reenacting Section
18.69.050 of the Municipal Code of the Town of Vail, setting forth
new procedures for measuring slope of a proposed development site
and permitting retaining walls six feet in height in the front
setback when associated with a permitted garage structure.
George Ruther, Community Development, presented the ordinance to
the Council, stating that the
intent for addressing changes were, 1) to reduce the site
disturbance on steep lots, and 2) to streamline the development
review process. The ordinance establishes new procedures for
measuring the slope of a proposed development site and permitting
retaining walls six feet in height in the front setback when
associated with a permitted garage or lots having 300 or greater
slopes. DRB approval will still be required for design and the
aesthetics of the walls. Staff is preparing a policy statement to
explain the change per Jim Shearer's request.
Jim Shearer stated that several varianCes have been approved in the
past and expected more would be requested as there are fewer lots
left for development in the Vail area and felt this would be
acceptable.
Jan Strauch made a motion to approve Ordinance No. 13, Series of
1994, on first reading and Jim Shearer seconded the motion.
Tom Steinberg asked Kristan Pritz, Community Development Director,
how many more lots would require this approval. Kristan stated
that no actual analysis had been done, however, there were 2
variances pending. She felt that there will possibly be a number
of these requests coming to the Town for approval. Kristan
emphasized that the Town is not automatically requiring a 6 foot
wall, as there are instances where a 4 foot wall would be
sufficient. This is not meant to encourage 6 foot walls. Tom
Steinberg expressed his concern regarding architect's concept of
design in these areas and suggested using only Colorado licensed
. architects, or architects experience in graded slopes, for these
purposes. Tom Moorhead, questioned whether the review of the plan
would show the slopes in question and would require the Planning
Department to review the plans to ensure that the concern was being
addressed.. Kristan Pritz stated that the town engineer is very
aware of these concerns, as is the Design Review Board and a
professional engineer is required for preparation of the
foundation.
Jan Strauch amended his motion to include Kristan's comments. Jim
Shearer seconded the amended motion. A vote was taken and the
motion, as amended, was approved unanimously.
The next item on the agenda was Resolution No. 15, Series of 1994,
a resolution setting fees for revocable right-of-way application
and permits. After some discussion, Jim Shearer made a motion to
approve Resolution No. 15, Series of 1994. Jan Strauch seconded
the motion. A vote was taken and the motion passed unanimously.
The next item of the agenda was a change request for Vail
Golfcourse Townhomes Hazard Zone change request (Sunburst Filing #3
on Sunburst Drive). Kristan Pritz presented the request to the
Council, stating that the Homeowners Association had requested this
change to alleviate the need to come to PEC piecemeal to get
approval for various changes to their condominiums. The
Association believed this to be more cost effective in the long
run. Art Mears was hired by the Association to due a site specific
survey on each unit, as outlined in the staff inemo of June 7, 1994,
in which some of the units had been placed in a red hazard area,
where they had not been prior to the survey. Bill Sargent,
representing the applicant, had not yet arrived, so it was decided
to go the item #7 on the agenda, Town Manager Report, until his
arrival.
Bob McLaurin stated that the Police Department was in the process
of moving into its new addition and the existing Police Department
headquarters were being renovated. Completion of this phase is
~ expected to be done by early September. There was discussion
regarding the covering of the west end of the Municipal Building,
as part of the expansion. Council adjourned to take a look at the
proposed coverings to the building.
Bill Sargent arrived at the Council meeting and discussion resumed
regarding the Vail Golfcourse townhomes. There was discussion
regarding being able to rebuild in red hazard areas should some
catastrophe occur, such as a fire, that would wipe out the existing
building. Tom Moorhead researched the question, and stated that an
owner would be able to rebuild the existing unit as originally
built. The unit would not be able to be added onto and the current
building code would need to be adhered to. Bill Sargent stated
that homeowners had discussed the fact that some units were now in
the red hazard area and agreed to take their chances and live with
the situation. It was suggested by Council that the Town have its
own study done for liability reasons. Tom Moorhead stated that
that seemed reasonable if it would put the Council more at ease.
He stated that Art Mears has been used extensively over the years
and is an expert in Colorado. After more discussion, Jim Shearer
made a motion to approve the change request based on a study by Art
Mears, with the exception of Unit 55 as per staff recommendation,
that study to be kept on file in the Community Development
Department. Jan Strauch seconded the motion. A vote was taken and
the motion passed unanimously.
The Council then resumed with the Town Manager Report. Bob
McLaurin stated that he was currently working on the 1995 Budget
and would have a report at the June 21st meeting. He also stated
that the Resident Surveys were being returned to the Town and were
being processed by the Community Relations Department and directed
staff to amend the Hazard Map. It was felt that some items on the
survey needed more clarification.
Jim Shearer asked Tom Moorhead to explain the gag order recently
issued in the Bob Mach case. Tom Moorhead explained the actions
leading up to the gag order.
Jim Shearer then made a motion to adjourn to Executive Session.
Sybill Navas seconded the motion. A vote was taken and passed
unanimously. The meeting was adjourned to Executive Session at
9:30 P.M.
Respectfully submitted,
Thomas Steinberg
Acting Mayor
ATTEST:
Pamela A. Brandmeyer, Acting Town Clerk
Minutes taken by Mary A. Caster I
C:\AGENDA.TC
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MINUTES
VAIL TOWN COUNCIL MEETING
JUNE 21, 1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, June 21, 1994, 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 (arrived at 7:32 P.M.)
Sybill Navas
Jim Shearer
Jan Strauch
MEMBERS ABSENT: Tom Steinberg
Paul Johnston
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation, of which there was none.
Second on the agenda was Ordinance No. 13, Series of 1994, second reading, an ordinance repealing
and reenacting Section 18.69.050 of the Municipal Code of the Town of Vail, setting forth new
procedures for measuring slope of a proposed development site and permitting retaining walls six
feet in height in the front setback when associated with,a permitted garage structure. Mayor Osterfoss
read the title in full. George Ruther explained a draft policy statement was included in Council's
packets which was requested by Council at the June 7, 1994 evening meeting. George also explained
the purpose of the policy statement was to layout the history behind the amendment to the
ordinance, as well as to clarify the intent of the proposed changes to the ordinance. A motion was
made by Tom Steinberg to approve Ordinance No. 13, with a second by Jim Shearer. A vote was
taken and the motion passed unanimously, 5-0.
Item No. 3 was Ordinance No. 12, Series of 1994, second reading, an ordinance repealing Section
9.56 - Concealed Weapons and 8.24.030 - DischarQing Firearms of the Town of Vail Municipal Code
and enacting Chapter 9.56 - Offenses Relating to Weapons, Criminal Attempt, and Complicity.
Mayor Osterfoss read the title in full. Tom Moorhead requested Ordinance No. 12, Series of 1994 be
tabled to allow him to review a recent state supreme court decision which held that reasonable ban
on assault weapons was constitutional. Council discussed such items as self defense, jail time and
penalties. Jim Shearer moved to table Ordinance 12, Series of 1994 until the July 5, 1994 evening
meeting, with a second from Merv Lapin. A vote was taken and the motion passed unanimously, 5-0.
Item No. 4 was Ordinance No. 9, Series of 1994, first reading, an ordinance amending Chapter 18.40,
Special Development Districts. Mayor Osterfoss read the title in full. Mike Mollica explained
Ordinance No. 9 came about as a request from the Council to eliminate the following districts from
having the ability to apply for a Special Development District: Single Family, Two-Family,
Primary/Secondary and Hillside Residential. Mike stated staff recommended including Agricultural
Open Space, Greenbelt Open Space, Parking and Public Use as districts unable to have the SDD
overlay. Mike explained that three existing SDD's had underlying zoning that is Primary/Secondary,
SDD #13, #22, and #26B, which would be "grandfathered" and would be allowed to request a minor
or major amendment to the SDD in the future. Mike further stated staff and Planning Commission
recommended approval of Ordinance No. 9. Discussion began with Tom Steinberg and Merv Lapin
suggesting deed restricted employee housing units be published in the newspaper. Discussion
continued with members and staff addressing details of the proposed amendment to SDD's, possible
processes and qualifications. A motion was made by Tom Steinberg, with a second from Merv Lapin
to approve Ordinance No. 9. A vote was taken and passed unanimously, 5-0.
Item No. 5 was Ordinance No. 11, Series of 1994, first reading, an ordinance making supplemental
appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer
Tax Fund, and Bond Proceeds Fund, of the 1994 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 handed out a
detailed list of expenditures and added that on the 2nd page additional dollars needed to finish
projects were marked with an "ADD." Steve also stated the planting of Potato Patch would be taken
out of the Real Estate Transfer Tax fund, as maintenance of open space. Mayor Osterfoss asked if the
Town owned that property and Steve stated the property was not owned by the Town. Mayor
Osterfoss then requested the Potato Patch Planting item be taken off the supplemental. Bill Wilto
communicated concerns from the real estate community as to the use of Real Estate Transfer Tax
1 Vuil Town Council Evening Meeting Minutes 1217/93
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funds. Merv Lapin moved to approve Ordinance No. 11, as amended, with a second from Tom
Steinberg. A vote was taken and the motion passed unanimously, 6-0.
Item 1Vo. 6 was Resolution No. 17, Series of 1994, a resolution establishing conditional support by
the Vail Town Council for the Piney Valley Ranch Trust Land Exchange. Mayor Osterfoss stated the
applicant had requested the tabling of the Resolution. Merv Lapin moved to table Resolution No. 17
to the August 2, 1994 evening meeting, with a second by Tom Steinberg. Bill Wilto suggested when
Council next considers Resolution No. 17, it be very specific as to the reasons for supporting the land
exchange. A vote was taken and the motion passed unanimously, 6-0.
Item N0. 7 was a report by the Town Manager. Bob McLaurin discussed the following items as
included in his memo to Council: Park City Visit, Alpine Design, Main Vail Roundabout, Covered
and Chapel Bridge Projects, and the Employee Forum.
Additional items of discussion included:
Jan Strauch suggested sending a formal "Congratulations" to the Vail Valley Foundation from the
Town of Vail for obtaining the '99 World Alpine Championships, and Peggy indicated the Town
should also send letters of thanks to those individuals that met with the delega,tion.
There being no further business, a motion was made by Jim Shearer to adjourn, with a second by Jan
Strauch. The meeting was adjourned at approximately 8:45 P.M.
Respectfully submitted,
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
Minutes taken by Holly L. McCutcheon
2 Vail Town Council Evening Mee6ing Minutes 12t7/93
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ORD9NAiVCE NO. 9
. SEFiIES OF 1994
AN OFiD1N,4NCE AflAENDING CFIAPYER 18.40, SPEC9AL DEilELOPiiAENT DIST'RICTS.
WHEREAS, the Town Council wishes to eliminate the application of special development
districts from certain zone districts.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWIV COUIVCIL OF THE TOWIV OF
VAIL, COLORADO THAT THE FOLLOWING AMENDMENTS SHALL BE MADE TO CHAPTER
18.40: -
Section 1
Chapter 18.40.010 - Purpose
The purpose of the special development district is to encourage flexibility and creativity
in the development of land in order to promote its most appropriate use; to improve the design
character and quality of the newr development with the town; to facilitate the adequate and
economical provision of streets and utilities; to preserve the natural and scenic features of open
space areas; and to further the overall goals of the community as stated in the Vail
Comprehensive Plan. An approved development plan for a special development district, in
conjunction with the property's underlying zone district, shall establish the requirements for
guiding development and uses of property included in the special development district. The
special development district does not apply to and is not available:in the:following:zone districts:,
Hillside ; ResidentialSingle:; Family Residential; Two Family Residential, Prim'ary/Seconciary
Residential, Agricultueaf;and Open Space;'Gr.een Belt and Natural:Open Space, Parking;District
and Public Use District:
Section 2
Chapter 18.40.020D - Definitions
"Underlying zone districY" shall mean the zone district existing on the property, or imposed
on the property at the time the special development district is approved. The<:folloviring: zone:
districts are Prohibited from special;development districts;6eing; used Hillside ReSidential.5ingle;
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Family; Dupleu;. PrimarylSecondarv Residential. Aaricultural and: Oaen: Space, Greenbelt_:an'd
Natural Open::Space;; Parking;District and Pu61ic' Use District.
Section 3 -
1; Nothing in this chapter shall be construed to limit, replace or diminish the
requirements, responsibilities, and specifications of special development districts No.'s 2
through 21. The Town Council specifically finds that said special development districts
1 Ordinance No. 9, Series of 1994
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No.'s through 21 shall remain in full force and effect, and the terms, conditions, and
agreements contained therein shall continue to be binding upon the applicants thereof and
the Town of Vail. These districts, if not commenced at the present time, shall comply with
Section 18.40.120, time requirements. (Ord. 21(1988) § 1.)
2: Nothing in this chapter ; shall be construed fo;;;limii„ replace or, diminish , the
requicements, responsibilities and specifications of'special development districts' No: 1
through 32, regardless:. of ttae properties" underlymg zone' d?strict > Said ;special.
development districts shall;be allowed: to proceed through eitherthe;minor or;major spscial
development 'district review process: ,
Section 4
Chapter 18.40.140 - Existinq special development districts
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 5
The 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 6
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
dury imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 7
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.
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Ordinance No. 9, Series ol 1994
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INTRODUCED, READ, APPROVED, AIVD ORDERED PUBLISHED ONCE IN FULL ON
FIRST READIIVG this day of , 1994, and a public hearing shall be held on this
Ordinance on the _ day of , 1994, at 7:30 p.m. in the Council Chambers of the Vail .
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
READ AiVD APPROVED ON SECOIVD READING AIVD ORDERED PUBLISHED
this day of , 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\ORD94.9
3
Ordinance No. 9, Series of 1994
RESOLUT@OIV NO. 9
SEF39ES OF 1994
A RES09-UT80N RELEASINC ATCTLE RESTRICTION
ON LOTS ~ AND 2, BLOCIC 1, LBONSFiIDC;E SIIBDIVISIOIV,
i'9ND PERAtltlY1AtlEOC7111LY RESTRI\./TIItlG SITG4, li0'1JOL/'1P7 tl/'1ILy FoVR9lfll F'6.IItlt:9y
IFROM ALL DEVELOPIV9ENT.
NVHEREAS, there is presently a one thousand tvvo hundred twrenty (1,220) square foot
unfinished basement in the existing residence Iocated on Lots 1 and 2, Block 1, Lionsridge 4th
Filing (hereinafter "Anderson residence") wrhich is presently permanently restricted as
uninhabitable space as set forth in the Title Restrictions attached as Exhibit A; and
VVHEREAS, Todger Anderson and Mary Ellen Anderson, owners of the Anderson
residence, desire to convert the unfinished basement level space to living area (GRFA); and
VVHEREAS, the Town Council believes it will benefit the public health, safety, and welfare
to restrict all development of Site 4, Casolar Vail (hereinafter "the property") by permanent title
restriction thereby creating open space.
iVOV1l, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. The Title Restriction dated December 21, 1990 on the Anderson residence is
hereby released.
2. The heretofore unfinished space may be converted fo living area (GRFA) only if
a GRFA variance or Special Development District is approved for the site;
3. There shall be entered into Title Restrictions on Site 4, Casolar Vail, eliminating
all development on the site and creating a permanent open space parcel prior to submitting an
application for an SDD or a variance application.
4. This resolution shall take effect immediately upon its passage.
IfVTRODUCED, READ, APPROVED AND ADOPTED this day of , 1994.
Margaret A. Osterfoss, fVlayor
ATTEST:
Holly L. iVlcCutcheon, Town Clerk
c:wESOwsa.s
Resolution No. 9, Series of 1994
ORDINANCE NO. 11
SER6ES OF 1994
AN ORD@Ne4NCE MAICINIG SUPPLEIVIENTAL APPROPR1ATIONS
FEiOftA THE TOVUN OF VAiL
GENERPo1~ FU1VDy bd'iPIT@'416. PPl~~ECTS F0.21tlDy
TIrD~ ~EAL ESTATE II RAAtlJrER 0 hh~\A FVltlDy i`YGtlD BO1lD PROlrEGDS FU19Dy
OF THE 1994 BIJDCaET AND TIiE FINAfVCIAL PLAN
IrOR 1161E TOtlYN OF tlMILy COLOR71'1DOy
64ND AU0 O--tlV'R'ZIatlG Ttl-EG GAPENDI9 iJRES O6- J6°!ID NYPPROPS'f'/'9 0 IOCVS
a'1S SG II FOR1 fd L7E6LGIA`ay
d'ROG1~ ~ETnNG FOR0 0-tl DEA F4ILJ IN AlEGliRD THGRE0O.
VVHEREAS, contingencies have arisen during the fiscal year 1994 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance
IVo. 26, Series of 1993, adopting the 1994 Budget and Financial Plan for the Town of Vail,
Colorado; and,
1iVHEREAS, the Town has received certain revenues not budgeted for previously; and,
V1lHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should
make certain supplemental appropriations as set forth herein.
fVOVV, THEREFORE, BE IT ORDAIiVED, BY THE TOVUN COUiVCIL OF THE TOWIV OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations for the 1994 Budget and
Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said
appropriations as follows:
FUND AMOUNT
General Fund $ 147,180
Capital Projects Fund 2,432,050
Real Estate Transfer Tax Fund 735,121
Bond Proceeds Fund 2,631,037
5,945,388
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
1
Ordinance No. 11, Series oi 1994
.
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylavvs, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
IIVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IIV FULL OIV
FIRST READING this 21st day of June, 1994, and a public hearing shall be held on this
Ordinance on the 5th day of July, 1994, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vaii, Colorado.
Margaret A. Osterfoss, Niayor
ATTEST:
Holly L. McCuthceon, Town Clerk
READ AND APPROVED OiV SECOND READIIVG AND ORDERED PUBLISHED in full this
day of , 1994. Margaret A. Osterfoss, IVlayor
ATTEST:
Holly L. AncCutcheon, Town Clerk
C:10RD94.11
2
Ordinance No. 11, Series of 1994
• ,A
~~AFT ORDINANCE NOo 10
AN ORDBNA6VCE ANAENDIFBG CF9APTER 18.52,
~~F-STREET PAE81CIldG AND LOADSNGa
WHEREAS, the current parking fee 4o be paid by any -owner or applican4 in lieu of
providing parlcing on their development site is curren4ly inadequate to create additional parking
spaces or to provide for proper maintenance; and
lNHEREAS, the Town Council uvishes 4o increase the fee so 4ha4 additional off-s4ree4
par6cing and loading facilities can be planned in the fu4ure.
iVOW, THEREFORE, be i4 ordained by the Town Council of the Town og Vail, Colorado
that the follouving amendmen4s shall be made to Chapter 18.52 of the Vail Municipal Code:
Section 1
18.52. y 60 6.2.
The parking fee to be paid by any owrner or applicant shall be determined by the Town
Council provided in no event shall it be less 4han $1000.00 per space, and in addition, that
owners or appticants similarly si4uated shall be trea4ed equally. '
,
applir.at+e;;. '
18.52.160 6.3. is hereby repealed in i4s entirety.
18.52.160 13.5.
The parking fee 4o be paid by any owner or applican4 is hereby determined to be
$15,000.00 per space. This fee shall be automatically increased annually by the percentage the
Consumer Price Index of the City of Denver has increased over each successive year.
Section 2
This ordinance shall apply to all development applications submitted fior Design
Review Board and Planning and Environmental Commission review after June 22, 1994.
1
ordinanae No. 10, sories ot 1994
~ All applications submitted prior to this date shall be assured a parking fee of $8,594.40
per space.
Section 3
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, serrtence, clause or phrase thereof,
~ regardless of the fact that any one or more parts, sections, subsections, sentences, -
clauses or phrases be declared invalid. - - -
Section 4
The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6 "
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
. 2 .
Ordinance No. 10, Series oi 1994
.9
R 'INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ORI
FIRST READIftIG 4his day of . 1994, and a public hearing shall be held on this
Ordinance on 4he day of . 1994, a4 7:30 p.m. in 4he Council Chambers of 4he Vail
Municipal Building, Vail, Colorado.
Margare4 A. OsterYoss, Mayor
ATTEST:
r
Holly L. iVlcCu4cheon, Town Clerk
READ AND APPROVED ON SECOND READING ,4iVD ORDERED PUBLISHED
this day of 01994.
Margaret A. Os4erfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:10RD94.10
3
omma„oa No. 10, saries of 1994
.
~
ORDINe41VCE NO. 12
SERIES OF 1994
AN ORD9NANCE REPEe4LIfVG SECTION 9.56 - CONCEALED 41VEAPONS
AN9D SECT10N 8.24.030 - DISCFIARGIPIG FIREARMS
OF THE TOWN OF VAIL IUIUNiCIPAL CODE
AIVD ENACTIING CIiAPTER 9.56 -
OFFE&tlSES RGLA&I0@Oi] 0O YV GP1PO0lJy VRIIYIINML 9Y C tlEIYIPT, /'9A~D CoMPLICIA tt,
AND AnAEBVD8N~'a SECTI0N 1.01.100 - V90Le4TIONS AIVD PUnIISHMEIVT.
VIIHEREAS, it is incumbent upon Town Council to provide for the public peace, morals,
health and welfare; and
WHEREAS, there are issues concerning uveapons, conduct that constitutes criminal
attempt, and complicity that are not presently addressed in the Municipal Code of the Town of
Vail;::And
~1f :
HEREAu, all:#~ffen&e~ ~h-t[t hau;~ th~ ~e ggn~r~l ~r~~{#y Ur~less~~erwrise SpeCifieti
NOVV, THEREFORE, BE IT ORDAIfVED BY THE TOUViV COUNCIL OF THE TOUVIV OF
VAIL, COLORADO THAT:
Section 1
Section 8.24.030 and 9.56.010 are hereby repealed.
Section 2
Chapter 9.56 will be enacted as follows:
9.56.010 - DISCHARGE OF FIREARMS, DEADLY WEAPONS AND DESTRUCTIVE
DEVICES PROHIBITED.
It shall be unlawful for any person to discharge firearms, deadly weapons, explosive
devices, guns, pistols, shotguns, rifles, airguns, gas operated guns, spring guns, or a weapon of
any kind or description vvithin the limits of the Town; pFavided, ,
pe4vi~ied, g ;cc~ntain~d 4r~; 1h~s
~e~t,o~ sh~,aIl ba;,~a~trNed:~o Appty to pers.r~s r~g ar disci~a~gf~g swch;Weapar~s j rt de~ense o~f
~ersizti;;a;~;<prop~riy<
. 9.56.020 - EXCEPTIONS; PERMITS.
The Town Council may at any time, upon receipt of proper application, grant permits to
shooting galleries, gun clubs, rifle ranges, and other establishments for shooting in fixed localities
and under specified rules. Such permits shall be in writing attested by the Touvn Clerk,
conforming to such requirements and conditions as the Town Council shall demand, and the
permit thus issued shall be subject to revocation at any time by action of the Town Council.
1
Ordinance Na. 12, Series of 1994 '
9.56.030 - ILLEGAL VVEAPOfVS, USE OR POSSESSIOiV PROHIBITED.
A-. It is unlawful for any person to knowingly possess, conceal, or cause to be
concealed on their person or in any vehicle, or to use, any blackjack, gravity knife, multi-fixed
bladed stellate throwing knife, switchblade knife, nunchaku, or brass or metallic knuckles.
s#ase~ 9.56.040 - UiVL4UVFUL CONCEALMEiVT OF DEADLY UVEAPOfVS.
A. It shall be unlawful for any person to wear under his clothes, or conceal about his person, any dangerous or deadly weapon.
B. For purposes of this Section only, "conceal" shall mean placement of the
dangerous or deadly uveapon in question about the person, or within his immediate reach, in such
a manner as to be either completely hidden from view or partially hidden to such an extent 4hat
another person making normal contact with that person cannot ascertain the true nature of the
weapon.
C. It shall be an affirmative defense that the defendant was:
1. A person in his own dwelling or place of business or on property owned or
under his control af the time of the act of carrying; or
2. A person who, prior to the time, of carrying a concealed weapon, has been
issued a written permit to carry the weapon by an official lawfully authorized to
issue such permit, and the uvritten permit states that it shall be effective in all areas
of the State; or
• ,
, amende&,-GF
Carrying a folding-type knife with a blade not exceeding three and one-half
inches (31/2") in length.
9.56e050 - POSSESSION UVITHIfV LICENSED PREMISE& OR ON FU$t:(C PROPER7':`:
PUB~.l~ P'~~KS 4Fi IP~ I?IJE~~:fC ~3U~i;:d1~C~~.
A. It shall be unlawful for any person as a patron of an establishment where alcoholic
beverages are sold for consumption on the premises, to possess or carry or display aRy
dangerous or deadly weapon, whether concealed or not, while on the premises of such
establishment.
2
Ordinance No. 12, Series of 1994
It s#~all k~e uMIrfut fat any;persor~ ent~ring un any p:ka~i~c proper~r, pu€bl~c ~arf~s
. , . .
~r .;~:.;:ubl~c::bu~(d~ng:~ ~nc~ud~~ ng fi~ov~rt of 1t~El ~i.rr~tm~strat~~~ ~ffices;, fiF~e #'uk~l~c Ubrarthf?~a~li~
o!; s p~rtment, arty s~hc6ol, hasprYa[; pdst ~ffi~e, or othet publ1c fiql~~r t~.;pt>ssess o~ ~arry
ar!d~spl~y,'~ny c~~gerous ar ~deatlly vue~can; wrie~h+~r ~dnce~led ar nafi~ wt~~te ~rti sv~h; pr~m,ses,;
C. It shall be an affirmative defense to a charge of possession or carrying a
dangerous or deadly weapon under this Section that said weapon was a folding-type knife with
a blade not exceeding three and one-half inches (31/2"). This defense does not apply to a charge
of displaying such a weapon.
D. It shall be an affirmative defense to a charge of possession or carrying a
dangerous or deadly weapon under this Section that the person is in that person's own dwetling
or place of business or on property owned or under that person's control at the time of the act
of carrying or possessing.
9.56.060 - SELLIiVG VUEAPONS TO INTOXICATED PERSONS 0:13::>::::P:EF3S'ON~
SUFFERING FRQ:M A MENTRL.DISEASE;:OR D:EFE C.T.
It shall be unlawful for any person to purchase, sell, loan, or furnish any dangerous or
deadly weapon to any person intoxicated or under the influence of alcohol or any narcotic or
d a n g e r o u s d r u g or glue ar #o any p;erson ;s~€f~ring frt~rn a merttai d.isea5i~ s~r de~ec~ as de##ned ir~
Se~tio~ 16 81{1;1 of ttie Cofora,cio Revised Stat~tes, as arnended, wha preser~s a c~anger
9.56.070 - EXCEPTIOIVS. . iVothing in Sections 9.56.010, 9.56.030, 9.56.040, and 9.56.050 of this Chapter shall be
construed to forbid any enforcement officer of the various law enforcement agencies of the United
States government, or the State of Colorado, or any sheriff or his deputies, or any regular, special
or ex-officio peace officer, a~ d~fir~~ectipn i;~01 of; th~e Gploradp R~vi~ed ut~tut~s; ~s
~rn~ii;d~d; from carrying, wearing, or using such weapon as shall be necessary in the proper
discharge of his duties so long as such weapons have been issued or approved by their
supervisor or superior officer ard theyz re wjthin th~ coUr~e ;a.nI p~ pf tfh~Er offiCe cir ~ositiar~.
9.56.080 - FORFEITURE.
Any dangerous or deadly weapon as defined by this Chapter used or possessed in
violation of Sections 9.56.010, 9.56.030, 9.56.040, 9.56.050, and 9.56.060, inclusive, of this
Chapter, is hereby declared to be contraband and shall be forfeited to the Town upon a conviction
resulting from such use or possession.
3
Ordinance No. 12, Series of 1994
9.56°090 - DISPOSITIOiV OF COfVFISCATED VUEAPONS.
It shall be the duty ofi every peace officer, upon making an arrest and taking such a
vueapon, thing, or substance from the person of the offender to deliver or cause to be delivered
the same to the Chief of Police to be held in his custody until the final determination of the
prosecution of said offense. The Chief of Police, or his authorized agent, shall dispose of weapons forfeited pursuant to ordinance by destruction or retention for Department use in
accordance with procedures and regulations of the Police Department.
9.56e100 - CRIfViINAL ATTEMPT.
A. A person commits criminal attempt if, acting with the kind of culpability otherwise
required for commission of an offense, he engages in conduct constituting a substantial step
toward the commission of the offense. A substantial step is any conduct, whether act, omission,
or possession, which is strongly corroborative of the firmness of the actor's purpose to complete
the commission of the offense. Factual or legal impossibility of committing the offense is not a
defense if the offense could have been committed had the attendant circumstances been as the
actor betieved them to be, nor is it a defense that the crime attempted was actually perpetrated
by the accused.
B. A person who engages in conduct intending to aid another to commit an offense
commits criminal attempt if the conduct would establish his complicity under Section 9.56.120
were the offense committed by the other person, even if the other is not guilty of committing or
attempting the offense.
C. It is an affirmative defense to a charge under this Section that the defendant
abandoned his effort to commit the crime or otheruvise prevented its commission, under
circumstances manifesting the complete and voluntary renunciation of his criminal intent.
9.56.110 - COfVIPLICITY.
A person is legally accountable as principal for the behavior of another constituting a
criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids,
abets, or advises the other person in planning or committing the offense.
~Q~~ion>3
socti~rt'~:0 ~:i0d shaCl k~~ arr~+~nde~d ~s f.llows;;
y:, It is dntauuful for any iperson t4 uEO[ate an~ ~aroursiort; or to farl ta mr~pl' wtth any
af; the u~rements ;af th~- code. l~n;l~ss ot#~~ruv~s~ spec~ftcal;l~r prouided any
perscrn eighieen ye~r,s ~f a~e ~r o~der r~to.a,ng any ef-~e o# the ~~n~~
4
Ordinance No. 12, Series of 1994
~ad~ a ;f~r~e of;r~ot
;be p~,d b
e
mo~e t(Ian n~rt~ hundred. 6y
t :rirr+~tl c~ltars, ~r b t~
y raar~ r~ot ta ex~~rte; ,
: > . . ~
.
hun~r~d e~gl~ty d~ys <Orby bath:sueh f1r~e and mc~r,c~r~~a~. . ; . ; <
• _
, :
. . . - :..7 '
;
. ; . . . , . . . .
. 3 . .
-XXX
...........::...::::a':;.y.,y.; .
r ~ .
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~.s , . . . .
~...:.::;.::vt. : ::c;y~:
.
_n. ~ . ~
: . ~ . . . ~ ' . ..:c: . . .
. ~ : .
Any p~e~s~n i~r~~i~r e~g~~een ye;ars df
s;
c~r~v~~fie~ v; rata~r~g an~ ~row~~a~ ~f fi 6A.Xg
>:;:p ;
k~e ~t~i~k~.~y fine
. ; > :
ofi Mot ~te t~~n . . . r~~~e h~r~dr~~r~eiy €~#ne ~dllars,.
~r~~ persar~ uhc1 e~ ~he a~e ~f ei~htee~ Ve~rs,at age c~~V` I cted o~ vial~t~~c~: ~n~
: >
prs~:~n ~fi the ~Qdel Tra~~ ~ode ad+apt~d by S~t~an hereim r~ay be
pun~she'd b~ f~ne ~i0t mare tl~ar~ tt~t~~,~dre~d dall~s ar byIncargern~t
~.:~'.e~`ir.eS'i~ ~~i;lj-.l~ ~Q:Y~'uf VFl :1.~~ bbth $~~.r~ (~7~IG :~I I~~SGI.[~~i6{RL~V~. l'11ty.su~~ Q~~~'uVll,.
si~~ ~.:o
ll be guy; of : ~ s ;~rat~ o~er~se far ~ arttl every. ~~y ~u~~;r~g $r~y ~qr~a~ of
u~
1nr~1~t~'<~ ~II~I~fi4C1s t~~ 8t#y ~r`~1~rSrbl't ~f tl"tt5 ~4C~; IS ~~;1"fill'lt~#~d, ~dC;~tIC1, br
p+~rmE~ed b~ such pers~r~ ;~nd 11 k~; h~d' accd+tly;
: ' ; : . . . .
O; In a~€~t~an ~o ~~~~itEe~ ~rQVE;~n th~s:~e~t~or~, ~ny;~ar~~~t~ar~ c~used~r p~rm~tted
. :
~a ~s-.;.:Ir;>:r ; v1a~ : fany prouisrons af ~s ~o~de sha~l.d~~m~d
, .
nu~~~rtce a:r~m~~~ e ~Y1
M~~`~ . wwr~ s~rn~l~r1ab~te~ s;~uch: an~ each tl ,
py th:
~t
su~ 00ri~i~on C00 pues ~t~~l bWreaard~! a~ a new ar~d sepa~a~~ offer~s~: ~or~;
. 4rd,,~1~t.9s1 4
5
Ordinance No. 12, Series of 1994
Section 3 4
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Towrn 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 5
The Town Council hereby finds, determines, and declares that this ordinance is necessary
and proper for the health, safety, and wrelfare of the Town of Vail and the inhabitants thereof.
Section,56
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 ur?less expressly stated
herein.
Section 6. 7
All bylawrs, 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.
IIVTRODUCED, READ, APPROVED, AfVD ORDERED PUBLISHED OiVCE IRI FULL ON
FIRST READIiVG this 7th day of June, 1994, and a public hearing shall be held on this Ordinance
on the 5th day of June, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
6
Ordinance No. 12, Series ot 1994
READ AiVD APPROVED ON SECOND READIiVG AND ORDERED PUBLISHED
this day of , 1994.
Margaret A. Osterfoss, Mayor
ATTEST: .
Holly L. fVicCutcheon, Town Clerk
C:\ORD94.12
7
Ordinance No. 12, Series of 1994
A . + ORDINANCE N0. 14,
Series of 1994
AN ORDINANCE AAAEPIDIAIG COi,4PTER 18.57, EAAPLOYEE HOUSIPdG, AND SETTING
FORTH DE7AILS IN REGARD THEREfO.
WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S
GUESTS, AfVD; .
WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDEMT UPON A
STRONG, HIGH QUALITY AND CONSISTENTLY AVAILABLE WORK FORCE, AND;
WHEREAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN
CREATING QUALITY LIVING AND WORKIIVG CONDITIOiVS FOR THE COMMUNITY'S
WORK FORCE, AND; WHEREAS, TNE TOWN COUNCIL BELfEVES THAT THE FOLLOWING
AMENDMENTS WILL iVIAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
EFFECTIVE, AND;
WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND
ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING
AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1
Section 18.57.020 - Emplovee housin4 units (EHU) qeneraliv
A. A chart(2) attached to this chapter and incorporated herein by reference
illustrates the requirements (or each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter
shall be subdivided or divided into any form of time shares, interval ownerships, or
fractional fee.
C. All types of EHU's a>ay shall be leased,-but-e* to tenants who are tull-time employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average e#-a-FUiaiaAim of thirty hours each week.
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1. . Any applicant who applies for a conditional use permit for the purpose of conshucting employee housing, shall not be required to pay a conditional use
permit application (ee.
J. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall
be incorporated into a written agreement in a form approved by the town attorney
which shall run with the land and shall not be amended ar terminated without the
written approval of the Town of Vail. Said agreement shall be recorded at the county
clerk and recorder office prior to the issuance of a building permit for the construction
of an EHU.
K. Each EHU shall have its own entrance. There shall be no interior access from
any EHU to any dwelling unit it may be attached to. ,
L. The owner::of eac.h EHU shall rent;theunit at;a monthly rental rate c.vnsistent
` with those market rates prevalent for.: similar properties in;the Town of:Vail:' _ =
M. The Town of;Vail. Housing Authority will determine themarket rate based on .the '
study of other.units of comparable slze, location, qualityand:ameniNes'throughout the
. Town. The market rate shall be based on an.average of:a minimum'of five rental rates
of comparable units. , If the unit is not rented and ls not available at the market rate it
shall be determined to be in noncompliance.
Section 2
Section 18.57.050 Tvpe II - Employee housina unit
A. Purpose. To allow for the construction of an EHU on lots in the single-family,
two-family, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
8. General conditions:
. 1. It shall be a conditional use in. the single-family residential, two-family
residential and prim ary/seco ndary residential zone districts.
2. It shall be permitted only on lots which comply with the minimum tot size
requirements for total lot area of the zone district in which the lot is located.
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this code shall be.located on the same lot or site as the EHU. If no dwelling exists
upon the property which is proposed for a Type II EHU at the time a building permit is
issued, or ii an existing dwelling is to be demolished and replaced by a newr dwrelling,
not less than one of the parking spaces required by this subsection shall be enc{osed.
A three hundred square feet GRFA credit shall be allowed for the construction of one
enclosed parking space for the Type fl EHU.
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 etfect 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 heatth, safety and wetfare of the Town of Vail and the
inhabitants thereo(.
Section 5
The cepeal or the repeal and reenactment of any provision of the Vail Municipal Code
as provided in this ordinance shall not affect any right which has accrued, any duty imposed,
any violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under of by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
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SECTION 18.57.020(A) - EMPLOYEE HOUSING UNITS (EHU) GENERALLY
Max. No. Max. No.
Zoning Lot Size Density Approv- of Bed- of Resi- Kitchen Parking
Code EHU Districts Which Require- Calcula- GRFA Ownership ing rooms dents Facili- Requfre-
Sectton Type A(low EHU's ments tions Restrictions 250 Potentiat Authorlty Allowed Alfowed ties ments Credits
18.57.040 Type I P/S Two Family Less than 1.0 40% of Yes Yes, both DRB N/A N/A Full 50% 425 sq. ft.
15,000 allowable units get enclosed`;
GRFA restricted 1-2 spaces
18.57.050 Type II Agricultural/ Minimum 0.0 300-900 sq. ft. Yes No PEC 2 2 adulis Full 1 space/ One
Open Space of 15,000 2 sbildFea bedroom' garage
Single Family N/A
sp. of 300 .
P/S Two Family Sq ft
18.57.060 Type III RC/LDMP/ N/A 0.5 450-900 sq. ft. No Yes ' PEC 2 4 Full 1 space/ Multifamily
MOMFlHDMF/ bedroom' Credits
PA/CCI/CCI I/
CCI IVCSC/ABD/ P/PU/SBR
18.57.070 Type IV RC/LDMP/ N/A 0.333 200-300 sq. ft. No No PEC N/A 1 Kitchen- 1 space Multifamily
MDMF/HDMF/ ette Credits
PAlCCI/CCIV
CCIIUCSC/ABD/
. P/PU/SBR
18.57.080 Type V Hillside 21,780 1.0 0-1,200 sq. ft. Yes No DRB N/A N/A Full 1-2 425 sq. ft.
Residential
spaces'
L 50%
' enclosed
Please see text for specific requirements.
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1. A Type I EHU may be sold, transferred, or conveyed separately from any
single-family or two-family dwelling it may be a part of so long as it meets the
conditions set forth in Section 18.57.040 B, 5 of this chapter.
2. A Type II EHU shall not be sold, transferred or conveyed separately from the
single-family or two-family dwelling is located within or attached to.
3. A Type III EHU may be sold, transferred, or conveyed separately from other
dvvelfing units or employee housing units that may be located on the same lot
or uvithin the same building in which the Type III EHU is located so long as it
meets the condition set forth in Section 18.57.060 B, 11 of 4his chapfer.
4. A Type IV EHU shall not be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type IV EHU is located.
5. P? T'ype V EHU shall not be sold, transferred or conveyed separately from the
~single-family dweffing it may be located within or attached to.
D. Reserved. . _ _ - = . .
E._ IVo later than February 1 of each year, the owner of each employee housing unit within
the towrn which is constructed following the effective date of this chapter shall submit
two copies of a report on a form to be obtained from the Community Development
Department, to the Community Development Department of the Towrn of Vail and
Chairman of the Town of Vail Housing Authority setting forth evidence establishing that
the employee housing unii has been rented throughout the year,' Yhe<cental rate; and
that each tenant who resides within #*ar- the employees housing unit is a full-time
employee of Eagle County.
F. IVo property containing an EHU shall exceed the maximum GRFA permitted in Title 18
except as provided in Sections 18.57.040 64, 18.57.050 B5 or 18.57.080 63 of this
chapter.
G. All trash facilities shall be enclosed.
H. All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050. D3.
1. Any applicant who applies for a conditional use permit for the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
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4. It shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen facilities and a bathroom; as defined in
Chapter 18.04 - Definitions of the Vail Municipal Code. It shall be permitted to
be a third dwelling unit in addition to the two dwelling units which may already
exist on the lot. Only one Type II EHU shall be.allowed per lot.
5. It shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to
the Community Development Department of the Town of Vail for additiona!
GRFA not to exceed five hundred square feet to be used in the construction of
, the EHU. The applicant shall submit an application for the additional GRFA on
a form provided by the Community Development Department. Approval or
denial of the request shall be made by the Design Review Board in accordance
with Section 18.54.040. If an applicant obtains Design Review Board approval
for five hundred square feet of additional GRFA for the EHU, he or she shall
not be entitled to receive additional GRFA pursuant to Chapter 18.71 -
Additional Gross Residential Floor Area of this code for either unit on the lot. If
an applicant obtains Design Review Board approval for not more than two
hundred fifty square feet of additional GRFA for the EHU, he or she=shall be
entitled to receive additional GRFA pursuant to Chapter 18:71= - Additional- =
Gross Residential Floor Area of this code for one dwelling unit on the lot.
. 6. It shall have not more than two bedrooms.
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8. Each Type 11 EHU shall be required to have no less than one parking space for
each bedroom located therein. However, if a one bedroom Type II EHU
exceeds six hundred square feet, it shall have two parking spaces. All parking
spaces required by this code shall be located on the same lot or site as the
EHU. If no dwelling exists upon the property which is proposed for a Type II
, EHU at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less than one of the parking
spaces required by this subsection shall be enclosed. A three hundred square
feet GRFA credit shall be allowed for the construction of one enclosed parking
space for the Type II EHU.
(Ord. 8(1992) § 4(part).)
IV. STAFF RECOMNlENDATlON
Staff believes the proposed changes will make the Employee Housing Ordinance more
effective. Because an efiective ordinance will help the Town meet its Municipal Objectives,
staff recommends approval.
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Concerning Item E, Daiton Wiiliams stated that he wrould like to see the last sentence
in this item eliminated. He felt the wording was too strong. He said that he would like
the last sentence of Item M reworded to: "If the unit is not rented and is not available
at the market rate, then it shall be determined to be in noncompliance."
Jeff Bowen stated that. he still had a problem with Item 7 on Page 4. He stated that
the maximum. age of the child should be lowered and questioned why this paragraph
vvas necessary.
Kathy Langenwalter asked what the purpose of ftem 7 was.
Kristan Pritz stated it was added by the Council during the review of 4he original
ordinance to address occupancy and the. issue of occupants having children.
The PEC reached a consensus that Item 7 on Page 4 should be deleted.
Kathy Langenwalter referred the PEC back to the lasf sentence in Item E on Page 2 of
the s#aff inemo. She felt this sentence was a compromise to let people know what the
requirement was.
Kristan Pritz stated that the last sentence of Item E would be incorporated into the
preceding sentence as: that the employee housing unit has been rented
throughout the year, the rental rate, and that each tenant who resides within the
employee housing unit is a full-time employee of Eagle County."
Kathy Langenwalter reviewed the proposed changes with the PEC and staff.
Jeff Bowen made a motion to approve the proposal with the recommended changes:
II(C) "an average of 30 hours each week."? II(E) Remove the last sentence and add, "the rental rate, and that each /
tenant..."
II(M) "If the unit is not rented and is not available at the market rate." /
III(7) Remove this paragraph.,/
Greg Amsden seconding the motion. A 7-0 vote approved this item.
8. A request for a conditional use permit to allow for a Type II Employee Housing Unit
located at 4030 IVorth Frontage Road East, #D/Lot 26, Pitkin Creek Mountain
Townhomes. .
Applicant: Andrew M. Knudtsen
Planner: Jim Curnutte TABLED TO JIDNE 27, 9994
Jeff Bowen made a motion to table this request until June 27, 1994. Dalton VUilliams
seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC
meeting.
Planning and Environmental Commiasion
June 13, 1994
10
RES0LUT90N NBO. 96
SERIES OF 1994
A RESOLUTGON AUTHOFiIZING THE TOWN OF VA@L
TO RENT A SAFE DEPOSIT Ve4ULT 14T THE FIFiST BAIVK OF VAIL
AND AQ.DTHORIZING CERTAIfV OFFICERS TO SIGN A LEASE TFIEREFORE,
TO TLAl1YAIEtl/°9 0E 0 HE LEdYSEy TO v7iJRS7ENDEE"B 1 67L BoAy AlG A URN 0 f7E KG tl Jy
AND ~ELEASE THE BANlC FRONA ANY L9ABILOTf 9N COIdINECTION THEREVVITH.
VUHEREAS, The Town has the power to rent safe deposit boxes in financial institutions;
and
WHEREAS, the Touun wishes to rent a safe deposit box at the First Bank of Vail.
IVO1IV, THEREFORE, be it resolved by the Touvn Council of the Town of Vail, Colorado:
1. Robert W. McLaurin, or his successor as Towrn Manager, and Steven J. Thompson,
or his successor as Finance Director, are hereby authorized to rent a safe deposit box in the First
Bank of Vail safe deposit vault and to sign on behalf of the Town a lease therefore, to terminate
the lease, to surrender the box, return the keys, and release the bank from any liability in
connection therewith. Included in this authorization is access to such box and control of the
contents thereof by the above named officers.
2. At lease one of the authorized officers set forth above shall be present whenever
access is had to the box and shall sign whatever application for access may be required by the
bank as a prerequisite to granting access to said box.
3. This authorization shall remain in effect until and unless the bank is notified
otherwise by the Town.
4. That the Town Council hereby finds, determines, and declares that this resolution
is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
5. That this resolution shall take effect immediately upon its passage.
IiVTRODUCED, READ, APPROVED AND ADOPTED this 5th day of July, 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\RESOLU94.16
Resolution No. 16, Series of 1994
I
T0: Town Council Members
FR: Bob McLaurin
DA: July l, 1994
RE: July 5, 1994, Town Manager's Report
The Town Manager's Report will be distibuted to you and presented
by Bob McLaurin on Tuesday at the Council Meeting.
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MEMORANbD UM
TO: Vail Town Council
]FR: Bob McLaurin, Town Manager
RE: Town Manager's Report
DT: July 5, 1994
Police Addition
Please find the attached budget for the police addition. This document reflects expenditures
through 6/29/94. The project continues to be within the budget. The police have now occupied
the new addition. As you have been hearing the past few council meetings, the contractor is now
remodeling the old police area. This portion of the project is scheduled to be complete in
September. The contractor is also installing the project landscaping. Landscaping improvements
are scheduled to be complete in August.
Main Vail Roundabout
The geometric design of the Main Vail Roundabout is now complete and the construction design
is well underway. As we have discussed previously, this project will be bid in late January or early
February with construction commencing immediately following the ski season. We bave hire Jeff
Winston, to design the landscape architectural element of this project. Because this will be the
"front door" of the Town, this element is extremely important. I will keep the Council updated as
this design proceeds.
Department/Council Budget Issues
At the last Council meeting the Council discussed the desire to meet with the departments prior to
the department budgets being prepared. This would allow the budgets to be prepared in
accordance with policy directives of the Council. At that time, I indicated I would review the
schedule and report back to you. Upon reviewing the budget schedule, the best time to do this is
following the preparation of the "Statement of Issues" by each department. The Statement of
Issues generally identifies the issues facing the department and discusses how the department
intends address them. These statements are due at the end of July. If it is the desire of the
Council, we will schedule a work session with the Council in August.
Housing Program
Following the discussion at the last Council meeting, we have been discussing the timeline for
completing the work program for Mortgage Guarantee Program. At this time I believe we can
have this program ready for your review at the August 8th warksession. If we can complete this
earlier, we will of course bring it to you sooner.
006
POLICE BUILDIRIG BUDGET
BUDGET CURRENT ACTUAL UiVDER
REVISED SIIVCE THRU (OVER)
5/10/94 6/29/94 BUDGET
Architect Fees 240,000 6,622 226,770 13,230
Architect Reimbursables 9,500 619 7,297 2,203
Architect Extra Services 28,500 1,422 27,984 516
Printing Costs 7,500 44 6,583 917
Testing - Soils 4,500 3,584 916
Testing - Concrete 3,500 1,621 1,879
Project iVlanagement Fees 43,000 6,000 37,690 5,310
Project Management Reimb 2,000 0 2,000
Surveying 4,415 4,095 320
Signage 5,000 46 331 4,669
Existing Roof Repair 44,585 44,585 0
West Lot - Clean & Restripe 1,000 0 1,000
General Construction GMP * 3,027,715 568,322 2,283,992 743,723
Construction Change Orders:
1 5,839 5,839
2 10,755 10,755
3 (287) (287)
4 (1,421) (1,421)
Other 21,500 354 17,545 3,955
General Contingency: 55,114 55,114
TOTAL 3,512,715 583,429 2,662,077 850,638
.
Owner Supplied Items:
Electronics 45,956 522 4,599 41,357
Floor Finishes 27,700 250 250 27;450
Furniture 59,115 1,414 1,814 57,301 Communications Center 44,000 12,297 20,358 23,642
Telephones & Equipment 12,500 0 12,500
TOTAL OVViVER SUPPLIED 189,271 14,483 27,021 162,250
Tota I 3,701,986 597, 912 2, 689, 098 1, 012888
* Retainage Equals 88,485
POLBLDBD