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HomeMy WebLinkAbout1995-04-18 Support Documentation Town Council Work Session i,n- VTOWN COUNCIL 1NORIC SESSIOIV . TUESDAII y ArA-9IL 18y tl 995 2:00 P.M. IN TOV COUNCIL CHAMBERS 1. Vertical Marketing/Celtic Festival. 2. Site Visit -,4lpine Standard/Amoco Sign Variance Request. 3. Site Visit to Review Proposed Open Space Zoning Changes. 4. Mortgage Guarantee Program. 5. Ten Year Financial Presentation in Preparation for 4/25/95 Council Goal Setting. 6. Information Update. 7. Council Reports. 8. Other. 9. Executive Session - Legal Matters. 10. Adjournment. WOTE UPCOMING MEETIPIG START 7iMES BELOW: (ALL TVMES c4FdE APPIFiOXIiIAATE AND SUBJECT TO CCiANGE) 0 O • • • • • THE NEXY VAIL TOWN COUNCIL REGULAR WOR6C SESSION WILL BE ON ?IJESDAY, 5/2/95, BEGIIVNING AT 2:00 P.M. IN TOb COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL FiEGULAR WORK SESSION !AlILL BE ON TUESDAY, 5/9/95, BEGIhIWING AT 2:00 P.M. IN TOV COUNCIL CHAfVIBERS. YQiE PlE3tY NAIL TOWPV COUNCIL FiEGULAFd EVENING MEETIFlG WILL BE ON 'PUESDAY, 5/2/95, BEGIIVNING A7 7:30 P.M. IIV TON COUNCIL CHAMBERS. ~ ~ • • • ~ • C:WGENDA.WSE ' B VAIL TOWfV COUNCIL WORK SESSI~N TUESDAY, APRIL 18, 9995 2:00 P.M. IN TOV COUfVCIL CHAIIABERS EXPAIVDED e4GEhIDA 2:00 P.M. 1. Vertical Marketing/Celtic Festival Tom Britz Pam Brandmeyer AHike Rose Todd Oppenheimer 2:30 P.M. 2. Site Visit - Alpine Standard/Amoco Sign Variance Request. Sign to be Randy Stouder located at the Vail Alpine Standard, 28 Vail Road, Vail Village 2nd. Applicant: Doug Sterkyl. ,4CTIOfV REQUESTED OF COUfVCIL: Approve/deny/modify the sign variance request. BACKGROUND RATIONALE: On April 5, 1995 the DRB voted 5-0 recommending approval of the variance request. The changing geometry and landscaping of the main Vail interchange related to the construction of the roundabout necessitates re-orientation of the sign. Since the sign has to be re-oriented and reconstructed for effective signage purposes, the applicant wishes to take this opportunity to update all signage on property to reflect the current corporate name (Amoco) and reduce the non- conforming aspects of the signage to the maximum extent feasible (see staff memo). ST,4FF RECOMMENDATION: Approve variance request with conditions in staff memo. 2:45 P.M. 3. Site Visit to Review Proposed Open Space Zoning Changes. Jim Curnutte Russell Forrest ACTION REQUESTED OF COUNCIL: Conduct site visits to select proposed properties for down zoning and determine if the down zoning is appropriate at this time. BACKGROUND RATIOIVALE: One of the Vail Comprehensive Open Lands Plan "next steps" is to review and make necessary zone changes to open space parcels in the Town of Vail to both ensure the protection of sensitive parcels and to address legal nonconforming uses. In ihe Fall of 1994, staff completed test changes to the iVatural Area Preservation, Outdoor Recreation, and General Use Districts. Staff is currently proposing to change the zoning on approximately 60 parcels and would like to revievu these proposed changes with the Town Council. The process for these changes involves the following consecutive steps: 1) amend the Vail Land Use Plan to address inconsistencies with actual land use and 2) change the zoning. STP?FF RECOMMFNnnrinN• KI/a 1 4:15 P.M. 4. Mortgage Guarantee Program. Bob McLaurin Tom Moorhead ACTIOiV REQUESTED OF COUNCIL: Consider Master Mortgage Loan Andy Knudtsen Agreement, Deed Restrictions and Guidelines for Type A EHO's. Mark Ristow BACKGROUND RATIONALE: Council has directed staff to work with First Bank to establish a program which will provide Town of Vail guarantees that will allow the Bank to offer a loan which has a lower down payment requirement. This program will assist local employees to purchase housing in the Town of Vail. STAFF RECOMMENDATION: Provide direction to staff for adoption of resolution and implementation of program. 5:00 P.M. 5. Ten Year Financial Presentation in Preparation for 4/25/95 Council Goal Setting. 5:15 P.M. 6. Information Update. 5:25 P.M. 7. Council Reports. 5:35 P.M. 8. Other. 5:45 P.M. 9. Executive Session - Legal Matters. 6:15 P.M. 10. Adjournment. IdOTE UPCOMING AAEETIIVG START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) •0 s•••• THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE OPI TUESDAY, 5/2/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/9/95, BEGINPIING AT 2:00 P.M. IN TOV COUNCIL CFiAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 5/2/95, BEGINPIING AT 7:30 P.M. IFV TOV COUNCIL CHAMBERS. • • • • 9 • • C:WGENDA.WSE 2 VAIL TOWIV COUNCIL EVEn?INCa flAEETI1V~ TUESDAY, APRIL 18, 1995 7e30 P.M. BN TOl/ COUNCIL CHAAABERS A(aENDA 1. CITIZEiV PARTICIPATIOftI. 2. Ordinance No. 5, Series of 1995, first reading of an animal control and carriage operations ordinance. 3. Ordinance No. 9, Series of 1995, first reading of an ordinance rezoning TraCt C, Vail Village First Filing/967 Vail Valley Drive from the General Use Zone District to the Primary/Secondary Residential Zone District. Applicant: Pat Dauphinais. 4. Ordinance No. 8, Series of 1995, second reading of an ordinance repealing and reenacting Ordinance No. 7, Series of 1993 to provide changes to Area A requirements for SDD #4 that concern the development plans for the Westhaven Condominiums (The Ruins) Development site and setting forth details in regard thereto. 5. Resolution No. 11, Series of 1995, a Resolution designating Bank One UVisconsin Trust Co., iV.A., the One Group U.S. Treasury Securities Money Market Fund, 111 East Wisconsin Avenue, Mifwaukee, VVI 53202 as a money market account for the funds of the Town as permitted by the Charter of the Town, its Ordinances, and the Statutes of the State of Colorado. 6. ,4lpine Standard/Amoco Sign Variance Request. 7. Town Council Call Up of Village Center Addition. 8. Town Manager's Report. 9. Adjournment. NOTE l9PCOMIPIG MEETIPIG S7ART 1'IRNES BELO{N: (ALL T1U9ES ARE APPROXIMlATE AND SUBJECT TO CHANGE~ 0 (D 0 0 • 0 * THE R9EXT !/AIL TOWRf COUNCIL REGULAR WORK SESSIOM WBLL BE 06d TUESDAY, 5/2/95, BEGIIVNIIdG AT 2:00 P.M. 9N Tpy COUNCIL CHAMBERS. THE FOLLOWSNCa VAIL T'01NN COUNCIL REGULd1R lnIORK SESS901V 1R/ILL BE 0N T'UESDAY, 5/9/95, BEGIIVNING AT 2:00 P.M. EP! TO!/ COUNCIL C1iAMBERS. THE GdE2fT NAeL TOlNN COUNCIL REGULAFi E!/ENING RNEETItVG !IP/ILL BE ON TUESDAY, 5/2/95, BEGIPdOVIFVG AT 7:30 P.M. AN 1'Oy COl3NCIL CFlAWIBERS. ~ ~ • • • ~ ~ C:UIGENDA.TC2 VAIL T01A(N COUNCIL EVENING MEETING . TUESDP9lly AP1'7IL 1pg 1995 7:30 P.M. ON TOV COUNCIL CHAAABERS _ EXPANDED AGENDA 7:30 P.M. 1. Citizen Participation. 7:35 P.M. 2. Ordinance No. 5, Series of 1995, first reading of an animal control and carriage Tom Moorhead operations ordinance. Bob Slagle ACTION REQUESTED OF COUNCIL: Approve/deny/mod'rfy Ordinance No. 5, Series of 1995 on first reading. BACKGROUND RATIONALE: After tvvo work sessions, a comprehensive animal control ordinance which also addresses horse carriages is presented for consideration. STAFF RECOMMENDATION: Select 1 or 2 afternatives for control of animals. Either the leashitethering requirement as presently exists or as presented in the new ordinance. 8:35 P.M. 3. Ordinance No. 9, Series of 1995, first reading of an ordinance rezoning Tract C, Jim Curnutte Vail Village First Filing/967 Vail Valley Drive from the General Use Zone District to the Primary/Secondary Residential Zone District. Applicant: Pat Dauphinais. ACTION REQUESTED OF COUIVCIL: Approve/deny/mod'rfy Ordinance No. 9, Series of 1995 on first reading. BACKGROUND RATIONALE: On February 27, 1995, the Water District received Planning and Environmental Commission (PEC) review and approval of their request to change the Vail Land Use Plan designation of this property from park to Low Densiry Residential. On March 7, 1995, the Vail Town Council approved Resolution No. 5, Series of 1995 which authorized the change to the Vail Land Use Plan from Park to Low Density Residential. Resolution No. 5 contained five conditions uvhich must be addressed by the applicant prior to the transfer of ownership of the property. On April 10, 1995 the PEC unanimously approved the UVater District's request to rezone Tract C from the General Use District to the PrimaryiSecondary Residential Zone District (see attached staff memorandum to the PEC and draft copy of the meeting minutes from the April 10, 1995 PEC meeting). STAFF RECOMMENDATION: Approve Ordinance No. 9 on first reading. 8:45 P.M. 4. Ordinance No. 8, Series of 1995, second reading of an ordinance repealing and Andy Knudtsen reenacting Ordinance No. 7, Series of 1993 to provide changes to Area A requirements for SDD #4 that concem the development plans for the V1lesthaven Condominiums (The Ruins) Development site and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve/deny/mod'rfy Ordinance No. 8, Series of 1995 on second reading. v~.v~ ~vvilfv DAV/~pn~ip~n /1pT1I1pler- vi reU1Udry L%, lyyJ, ine F~CCi voted 4-1 recommending approval of the requested major amendment to the Cascade Village SDD. Please see the attached staff memo. STAFF RECOMANENDATION: Approve Ordinance No. 8 on second reading. 9:15 P.M. 5. Resolution No. 11, Series of 1995, a Resolution designating Bank One Wisconsin Steve Thompson Trust Co., N.A., the One Group U.S. Treasury Securities Money Market Fund, ili East Wisconsin Avenue, Milwaukee, WI 53202 as a money market account for the funds of the Town as permitted by the Charter of the Town, its Ordinances, and the Statutes of the State of Colorado. ACTION REQUESTED OF COUNCIL: Approve Resolution No. 11, Series of 1995. BACKGROUND RATIONALE: Our long-term investments managed by Dana Advisors is currently safekept at Colorado Nationat Bank. We want to move the safekeeping to Bank One whose annual fees are less than half of Colorado National Bank's fees. STAFF RECOMMENDATION: Approve Resolution No. 11. 9:20 P.M. 6. Site Visit - Alpine Standard/Amoco Sign Variance Request. Sign to be Randy Stouder located at the Vail Alpine Standard, 28 Vail Road, Vail Village 2nd. Applicant: Doug Sterkyl. ACTION REQUESTED OF COUNCIL: Approve/deny/modrfy the sign variance request. BACKGROUND RATIONALE: On April 5, 1995 the DRB voted 5-0 recommending approval of the variance request. The changing geometry and landscaping of the main Vail interchange related to the construction of the roundabout necessitates re-orientation of the sign. Since the sign has to be re-oriented and reconstructed for effective signage purposes, the applicant wishes to take this opportunity to update all signage on property to reflect the current corporate name (Amoco) and reduce the non-confomiing aspects of the signage to the maximum extent feasible (see staff memo). STAFF RECOMMENDATION: Approve variance request with conditions in staff memo. 9:35 P.M. 7. Town Council call up of the PEC approved major exterior afteration of the Village George Ruther Center Building (LaTour Restaurant, Cleone's and Gotthelf's Gallery). Located at 122 East Meadow Drive. Applicant: Fred Hibbard. ACTION REQUESTED OF COUNCIL: Acknowledge the applicanYs request to withdraw the major exterior afteration approval. BACKGROUND RATIONALE: At the April 11, 1995, Town Council meeting the Town Council members unanimousty approved a motion to call up the PEC approval of the major exterior alteration and conditional use permit for an outdoor dining deck request for the Village Center Building. The major exterior alteration and conditional use permit request was unanimously approved by the PEC on April 10, 1995. Upon hearing of the Town Council's desire to review the PEC's decision, the applicant, Fred Hibbard, has requested to have the item withdrawn. STAFF RECOMMENDATION: fV/A. 9:40 P.M. 8. Town Manager's Report. 9:45 P.M. 9. Adjournment. NOTE UPCOMING MEETING S'TART TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) C o Z'' !r a TNE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/2/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/9/95, BEGINNING AT 2:00 P.M. IfV TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING - WILL BE ON TUESDAY, 5/2/95, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAAflBERS. INORK SESSION FOLLOIN-UP ~ LTOPIC QUEST906VS FOLLOUV-UP SOLUTIONS 1995 Current discussions presume a decision in 6 months (April '95). VA has 10119 SNODU STORAGE LAND LARRYIBOB McL: Immetliately pursue purchase from VA asked to dump snow at this location. Because of our environmental PURCHASE of current snow storage site, as well as another 10 acres liability, this request was denied. Larry, Bob, and Tom are following up. adjacent to the uvest. Joe Macy was in to see Larry again this week. Has taken the lease to VA attorneys to address environmental liability issue. 02/15 CHUCK ANDERSON YOUTH PAULIJAN: Contact VRD about moving up the selection Met with ail principalslheadmaster/and Superintendent of Schools on AWARD process to allovu awards to be given during Niay PRIOR to 3123/95, and will continue to follow up on this auspicious beginning to (request: Strauch) gratluation or to be included with the graduation create a neuu scholarship program to replace this previous award. ceremonies. 03108 UNDERGROUNDING OF UTILITIES LARRY: Create a Master Plan to phase the undergrounding Larry has memo in process. Jan asked again the status of Cascade Club MASTER PLAN of all above-ground utilities within Vail. additions? Undergrounding requiretl already for new proposals. vpdate? (request: Council) 01/24 10TH MOUNTAIN DIVISION PAM: Coordinate a reception, possibly in conjunction with Pam has spoken with both Earl Clarke and Frank Romano and met with RECEPTION Coloratlo Ski Museum (Lucy Babcock) for May 28, 1995. Lucy Babcock 2/13195. "Host" hotel will be the Vail Village Inn. More Coordinate partnerships in this effort w/VVF, VA, VFW, etc. details to follow. Banner at the Library to celebrate this memorial. 02/07 "NEED LIST" FOR '99 ALL: Finalize list with departments and Council for Following the 2114195 council work session discussion Bob and Merv met CHAMPIONSHIPS presentation to State. with VVF to review their needs for the '99 Championships. INe are compiling a combined list to discuss with Larry Kallenberger of Dept. of Local Affairs. This meeting will likely be held in approximately one month. 02/21 MORTGAGE GUARANTEE BOB: Follow up with Firstbank, or if they are unwilling to Staff has been working with Mark Ristow and Norm Helwig in preparation PROGRAM proceed, any other bank who's shown interest. for discussion at April 18, 1995 work session. 02/21 CHILDCARE/JOHANNES BOB: Johannes has expressed an interest in Steve will follow up w/ABC School (Holly Bukacek) since ABC is currently FAESSLER providing/maintaininglsubsidizing childcare for the "general considering an expansion of their current facilities. Paul will contact public" at the Mountain Bell site. Follow up on this inquiry. Johannes to determine how serious his original offer was. April 14, 1995 Page 1 of 2 P3/21 "ORDINANCE REVISION TOM: Prepare ordinance re: PEC call-ups to change Tom will prepare memorandum for Council. Council time frame to 10 days to coincide with language for applicants and adjacent property owners. 04104 TOvR@SNd D9STR9C'V BOBITONd: Follow-up wifh apppopriate process and (request: Strauch) legislation to promote and create a '6'oupism District. April 14, 1995 Page kof 2 VMI 3039491922 P.02 V~~~ ~~~ciznar~ona1 Ce1~~c F~~~~vcLI . Town of Vail , . , Town Council Work Session Tuesday, April 18, 1995 Ag@Y1Ca . , . I . . 1. Cify of Denver Pipe Band representatives Desi Sarnella, Business Manager ~ . non McKee, Drum Major : ; . 1 2. Fesfival overriew & potential Impacts on Vail ~ . • J Tom Britz, The VMI Group, Inc. Tim St Germain, The VMI Group, Inc. 3. Ogaerational oderview Pat McCullough, Celtic Events & EntertainmenC ~ ; 4. Fonnal geqtcest ffog an-kind support (Assumes we will work closely with staff on pre-planning and impleznentatianl ~ . -Increase Bus Schedule -To normal peak season volume from off-season voiume; needs to b adjustable, based on actual number of guests/visitors we experience, ~ j Friday aftemapn/evening, Saturday and Sunday. •:I.;• ~ i , ~ oAdditional aus Route/parking structures to Ford Park dropoff -Village structure to Ford Park, 2-4 buses dedicated to round trip . ' transport, at est. $50/hr/bus cost for both Saturday and Sunday. ;r: , • -Labor for festival setup and cleanup ~ . -RecXuest Public Works staff assistance for Thursday, & Friday, Septe er 2 t-22 for festivai setup, and Monday, September 26 for cleanup. For Park needs to be back to normal by approx. 1 pm on Monday. -Labor and equipment (cherry picker) to put up and take down Celtici . ; Nation flags at various flagpoles around Vail, as well as two banner assuming approvals are granted. ~ ; i : l -Cleanup assistance after Celtic parade Friday evening. ~ -Increased Police patrol of festival grounds, traffic control, nighttime ground security/patrol. ~ . ~ : ~ , VMI 3039491922 P.03 I ~i1 ~ i 1 ' ~ ? VAIE . i , ~ i' ) i • ; ~OTZflJ • . : j ' ~ o • Hosted by the City o¢ Denver Pipe Band ; September 20-24, 1995 . . : ~ . At the Peak of Autumn ~ . . Colour One of the largest pipe band competiPion ever?4s in the U.S; nearly 40 plpe bands to compete, Inclu ing the 78th ' Fraser Highlanders, Simon Fraser University, St, Thomas Pol?ce, qnd HQlifax Police; I Four of the 4op pipe bands In the 1ldorld! Officially sanct;oned by the Western U.S. Pipe Band Assoc Pian, with adjudica4ors provided by the Royal Scottish Pipe Band Associatlon. i ~ ; The Iargest Ir{sh dance competitlon outside of the UUorld or North American Championshipsi , with n arly 300 competitors including the Peigning VVorld qnd North Amerlcdn Cham ions ~ p , hosted by the cTeggc~rt lrish Stepdancers of Colorado, and stancPioned by An Commisuin lta Rfncl Gpelachcs (The (rish D nce Commission), 1; 1: A P.re-Am fraditionQl Celtic athleflc competition, including an Invitational with tap Pro's compering for t ousands of ; dollars in cashl Tyvo Premendous Ahassed Bands performances with nearly Q thousand plpers and drummers'playing Pogether( ' The regimenbl pageantry of two Drum Major competitions! • ; ~ The IargesP parade In VQiI's historyl Gmnd Marshal) Dr. Thomas Sutherland will lead nearly a thousan pipers an~ drummen, hundreds of dancers, and mdny, many Clan members. ; j; A "UVarld FirsP" evening with tvvo world-class pipe bands peforming together at the new Events Ce ter of the ; Nqtional UVestern Complex In Denver. The Halifax Pollce Pipe Bond ancl the North Coast Pipe Band two o$ 4he Pop bands in their respective countries. , 411 . . ~ A gathering of the Cfans, Tfie music and dance of CeIhlldh Ni hts thr ~ - , g oughouVail Village on both Fnday and Saturday ev nings. - A concert speciricular ot Dobson Arena featuring the Tannahill Weavers from Scotland and the Irish al1-female band, Cherish the Ladies I ' ScotPish Hig~,I i~ and Dance Compe4iPion, with nearly a hundred dancers cvmpeting from all over the ontinenp. : i' A formal single malP scopch 4qsting presenPed by the Single Malt Scofch Soclety at the exclusiv Saddl ridge Clu6, ~ . , ~ e The Irish-Amerlcan CulturQl Institute Pragram A Scotch Daubles Golf Outing fI 1 I i i ' ~ ~ . . , A f r e e s P u d e n 4 c u l t u r a l l y e n r i c h i n g p r e s e n t a t i o n i n D e n v e r a n d in E agl e C o u n ty, pA T H O U N D Y E~ 1 R S O F HISTORY", featuring the hsPory oF the Clans, the meaning of the tartans, the militqry orlglns o¢ the ba g pi p es, : . . e , . I . .a ~S ~•l~ Y~ Xe: Property Legal Description Property owner and Purchased From/Covenants & Unique Features and Current Proposed Land Use Number and Address of Assessors Parcel Restirictions Comments/Hazarads, Zoning Zoning Plan property Number Destination From/To 6 Lot 10, Bighom Town of Vail Henrey L Brey, ,($111,143) May Possible trailhead . Hazards: Duplex OR LDR/OS Subd 4018 Willow 2101-122-15-006 1980/ Bighorn Covenants Lots High debris flow, high hazard Way 1-18 shall•only be used (or rock fail and snow avalanche private res. influence zone 8 Unplatted land Assessor says Town Eaton Land & Cattle, ($150,000) Sensitive Bighorn Sheep winter Duplex 8 NAPD OS noriheast of Pitkin of Vail April 1982. No Covenants found range, 5.13 acres. Hazards: NAPD Creek Meadows 2101-122-00-001 Medium debris flow. 21 Tract A, Vail Village Town of Vail Vail Associates ($10) July 1984/ Natural Open Space 13.07 AOS NAPD 8 OR OS 13th Fling 2101-034-03-002 Tract A shail be used as an acres. Hazards: Medium debris open area for recreational fiow. purposes or public and private schools or muncipal services. Change requires 66% of . owners. 23 Tracl B, Vail Valley Town of Vail Vail Valley Inc, 1977/Dedicated HazaFds: High debris, GU NAPD LDR/OS 3rd Fiing 2101-091-03-015 to the Town as Public Use avalanche, high rockfall, snow District. avalanche influence zone. 24 Tract F, Vail Village Town of Vail Vail Associates, ($10), Nov _ Hazards: High debris avalanche, P/S NAPD LDR/OS 7th Filing. 2101-092-08-007 1978/ shail be used for such medium rockfall and snow pursposes as the owners shall avalanche influence. designate including commercial use, but can not be inconsistant with covenanis (75% to change) 25 Tract A and Lots 9, Town of Vail Vail Associates ($10) Jan. 1976/ Hazard on-site. Hazards: AOS NAPD LDR/OS 10, 11 Vail Village 2101-081-16-004 9,10, & 11 shall be used only for Medium ~ocktall, high debris • 101h Filing - private residences, Tract A shall avalanche, red snow Fairvvay Court be used and maintained at all avalanche. times as a vacant and undistrubed open area in its natural condition. 41 Unplatted parcel of Town of Vail Vail Associates ($10) Cat track may be proposed on AOS NAPD or no . OS land, west of Lot 2101-072-00-001 1978/Deed- Property shall be this parcel. Hazards: none change 15, Vail Village 6th used for public/governmental Filing use 43 Unplatted Town of Vail Vail Associates ($10) 1976 The Town may want to consider AOS NAPD and OS & PSP . /Mountain Bell Site 2101-064-00-001 (US No Covenants found creating a separate zone district GU for West) for the nursery schools and US nursery 2101-064-00-005 (ABC West Facility. Hazards: school area School) Moderate debris flow, medium 2101-064-00-006 rock fall. . (Leaming Tree) • IVIEMORANDUM FILE COPY TO: Design Review Board FROM: Community Development Department DATE: April 5, 1995 RE: A request for a sign variance for the Amoco/Alpine Standard located at 28 South Frontage Road WesULot A, Vail Village 2nd Filing. Applicant: Doug Sterkel represented by Craig Klemz Planner: Randy Stouder 9. DESCRIPTION OF THE REQUEST The Amoco/Alpine Standard station is located at the corner of Vail Road and South Frontage Road at the Four Way intersection. The Town of Vail is proposing to replace the 4-way stop with a roundabout. When this occurs, the applicant will lose some visibility due to the proposed landscaping and revised geometry of the new roundabout. Traffic will enter from Vail Road and exit onto the South Frontage Road. The eastern- most access into the station, directly from the Frontage Road, will no longer be allowed due to safety reasons. As a result of-these changes, the owner wishes to slightly revise the location of his free-standing sign and update both the free-standing sign and the building's wall sign to reflect the proper corporate name of AMOCO. The Alpine Standard has two existing signs, a wall mounted and a free-standing sign... _ Existing signs indicate the old corporate name of "STANDARD" on the free-standing sign, and "ALPINE STANDARD" on the wall sign. The free-standing sign is located on the applicanYs property at the southwest corner of the 4-way stop. It is comprised of the old corporate shield (plastic) with reverse lit pan channel letters (opaque plastic), mounted on a heavy stone base. The maximum height of the sign is 13.5 feet above grade, or 11.5 feet above the top of the planter into which it is incorporated (see attachment #1). The allowed maximum height for a free-standing sign is 8 feet, thus, this sign is currently non- conforming by 5.5 feet. The existing wall mounted sign is located over the door of the service station, and is comprised of wood letters nailed directly to the facade of the station. The size of the free- standing sign is approximately 15 square feet and the wall mounted sign is approximately 18 square feet. The total existing square footage of signage on the property is approximately 33 square feet. A maximum of 20 square feet of sign area is allowed, thus, the signage on the property is currentty non-conforming by 13 square feet. The new free-standing sign is proposed to be reoriented (see attached site plan) so that its face is oriented for better visibility when the proposed roundabout is installed. The new free-standing sign is 13 square feet in size and with a maximum height of 10.5 feet above the top of the planter, or approximately 12.5 feet above the grade in front of the planter. Although this is a 1-foot reduction in height from the existing sign's elevation, the proposed sign will still exceed the 8-foot maximum height limitation necessitating this Q l ' variance request. The new wall mounted sign would be 7 square feet in size and would remain in the existing location. Thus, the applicant is proposing to reduce the overall size of signage to 20 square feet, which eliminates ihe existing non-conformity in regards to maximum size allowed. In summary, the applicant intends to reduce the existing, excess sign square footage down to the maximum allowed, size.of 20 square feet.. Although the applicant is proposing a free-standing sign that will result in a one foot reduction in height from the current elevation, the sign will still exceed the maximum allowed height of eight feet. The applicant and his sign consultant feel that reducing the sign height further, in order to meet the eight foot height limitation, would not provide reasonable visibility when the redesign of the interchange (roundabout) occurs. Thus, the applicant is requesting a sign heigh4 variance of 4.5 feet, to allow for a new free-standing sign at a maximum heighY ofi 92.5 fee4 above fhe grade in front of 4he planter. IB. FINDINGS AND CRITERIA Before the Design Review Board acts on a variance application, they must review the following statements and find that the applicant has complied with the intent of each statement: A. There are sQecial circumstances or conditions applying to the land buildings topography, vegetation sign structures or other matters on adjacent lots or within the adjacent right of-way which would substantially restrict the effectiveness of the sign in question• provided, however, that such special circurnstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apply penerally to all businesses or enterprises Staff Response: The extensive redesign of the four-way intersection, converting the four-way to a roundabout, will dramatically change the visual orientation, topography and vegetation in the vicinity of the service station. Vehicles will be coming from a completely different angle and the existing vision of the current station sign will be blocked by the raised topography and landscaping in the center island of the roundabout. The additional height of the middle of the island necessitates the height variance. Additionally, the current sign would face the wrong direction and become ineffective given the revised geometry and topography of the new interchange. The location of this particular business and the circumstances that necessitate a change to the intersection are unique and special to this . site, and do not apply to the other businesses in Town. B. -That special circumstances were not created by the applicant or anyone in privy to the applicant. Staff Res,ponse: The circumstances necessitating the need to change the signs are beyond the control of the station owner. The need to install a modern roundabout at the four-way intersection is certainly not the doing of the applicant. Traffic volumes in the Town have grown significantly since the service station was originally constructed. Current traffic volumes, - . , ~ . especially at peak times of the day and year, necessitate the construction of a roundabout. C. That the granting of the variance will be in general harmony with the purpose of this title and will not be materially detrimental to the persons residinqor workinct in the vicinitv, to adjacent property, to the neighborhood or to the public welfare in aeneral. ' Staff Response: . Sign changes are necessary due to the Town's redesign of the intersection. The proposed signs update the applicanYs corporate affiliation, and improve the property aesthetically. Natural materials will replace the plastic of the current free-standing sign, and lighting will be improved. However, the free-standing sign will be incorporated into a reworked planter so the sign blends in with the landscaping and becomes less conspicuous than the current sign with its heavy stone base. The sign's smaller wood base will de-emphasize its appearance, while its "lolly-pop" silhouette clearly conveys the message that a service station is located at this corner. The lighting for this sign will be subdued, much like the current lighting. ~ D. The variance applied for does not depart from the provisions of this title anv more than is required to identify the applicanYs business or use. Staff Response: In regard to reducing or removing the existing nonconformities, staff feels the applicant has done what is necessary to meet the intent of the Sign Code by reducing non- conformities to the extent feasible. Staff feels that the revised free-standing sign, even though it is still 4.5 feet above the current height limitation, meets the intent of the Sign Code. Staff feels that ihe additional height being requested is necessary for the sign to be clearly visible from vehicles in the roundabout. 111. STAFF RECOMMEIdDATION Staff is recommending approval of the requested sign variance to allow the proposed free- standing sign to extend up to a height of 12.5 feet above grade. Staff recommends that the DRB impose the following conditions of approval: 1. The maximum square footage for all signage on the property be reduced to 20 square feet, with the sizes for each sign to be as noted in the applicanYs drawings ( i.e. 13 square feet for the free-standing sign and 7 square feet for the wall mounted sign). 2. The wall sign shall be replaced in the same general location as the current wall sign. 3. 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NIASTER fVIORTGAGE LOAN AGREEMENT This agreement is entered into this day of , 199_, by and between the Town of Vail (the "Town"), FirstBank of Vail (the "Bank"), and (individually or collectively referred to as the "Borrower"). Recitals A. Borrowrer has applied to Bank for a mortgage loan in the amoun4 of $ (4he "Loan") in connecfiion wifh Town's current Residential Employee Mortgage Loan Program (the "Program"). In the event Bank determines to make the Loan, Borrower will use the proceeds of the Loan to purchase a residential dwelling located on the real property more specifically described in Exhibit A attached hereto and incorporated herein (the "Property"). Borrower has previously been determined by Town to be a Qualified Buyer as defined in the current Frogram guidelines. The Property is a Qualified Dwelling Unit as defined below. B. As one of the requirements of the Program, Borrower must agree to the imposition of various restrictions upon the use, transfer and marketability of the Property. This agreemen4 contains such restrictions and, when fully executed, shall be recorded in the real estate records of Eagle County, Colorado. The restrictions in this agreement shall be treated and interpreted as binding covenants which run with the Property. C. Providing that Borrower meets and is willing to abide by the credit standards imposed by Bank as well as the requirements and qualifications required by Town under the Program, Bank is willing to make the Loan to Borrower. ACCORDINGLY, the parties hereby covenant and agree as follows: 1. Definitions. As used in this agreement, the following words and phrases shall have 4he indicated meanings consistent with the context: 1.1 "Qualified Dwelling Unit" means any single or multi-family residential dwelling or condominium unit located within the boundaries of the Town and which is capable of fee simple ownership. 1.2 "Qualified Buyer" means an individual who has been determined by the Town to meet the income, employment, residency and other qualifications set forth in the Town of Vail Housing Guidelines as adopted and amended from time to time by Town and which are in effect at the time of closing of the sale from Owner to Borrower. 1.3 "Owner" means the person(s) or entity which will convey the "Property" 40 Borrower at the closing. 1.4 "Account" means the savings deposit or certificate of deposit accoun4 maintained by Town at Bank for the purpose of complying with the credi4 support feature of the Program. 1.5 "Loan Documents" shall mean the Note, the Deed of Trust, the Assignment of Rents, this agreement and all other instrurrients executed in connection with the Loan. mmlatov.fbv 4/14/95 1 y , ~ , h . 1.6 "Deed of Trust" means the deed of trust or mortgage executed by Borrower encumbering the Property in favor of Bank in order to secure the Loan. 1.7 "Assignment of Rents" means the instrument executed by Borrower assigning any rental income or revenue from the Property in favor of Bank in order to secure the Loan. 1.8 "Program Documents" shall mean the documents executed by Borrower and Town which relate in any fashion to the Program and. Borrower's compliance obligations under the Program. - 1.9 "Program Guidelines" shall mean the written requirements of Town for eligibility under the Program and all conditions relating to the use, occupancy and sale of any related residential dwelling by a Qualified Buyer. 2. Mortqaqe Loan to be Made by Bank. 2.1 Appraisal and Amount of Loan. 2.1.1 The Loan shall not exceed a principal amount which is equal to 90% of the purchase price or the appraised value (whichever is less) of the Property. In order to determine the maximum principal amount of the Loan, Bank shall order an appraisal of the Property to be performed at the expense of Borrower by an appraiser selected by Bank. fn the event the appraisal report values the Property at less than the proposed purchase price, the appraisal . report shall be conclusive for purposes of determining the maximum amount of the Loan. 2.1.2 A copy of the executed purchase agreement for the Property shal) be delivered to Bank by Borrower. Bank will be entitled to contact parties to the purchase agreement and others in order to verify any aspect of the proposed purchase transziction, and Borrower specifically consents to these actions and authorizes Bank to conduct such inquiries and obtain such information as Bank may deem appropriate. 2.2 Loan Approval and Closinq. 2.2.1 Bank shall process the application of Borrower for the Loan under any residential mortgage loan plan offered by Bank which Bank deems suitable for use with the Program. Bank shall conduct a credit review and investigation of the collateral in order to determine whether Borrower meets the credit requirements of Bank. Upon compliance by Borrower with the requirements set forth in Section 2.3 below, Bank will lend to Borrower the sum of $ (the "Loan") for the purpose of enabling Borrower to acquire the Property. mmtatov.fbv 4/14/95 2 2.2.2 The Loan shall be evidenced by a promissory note (the "iVote") executed by Borrower reflecting the repayment terms. The unpaid principal of the 'Note shall bear interest prior to acceleration or maturity at a fixed rate of _ percent per annum for the frst five years of the IVote and thereafter at a variable rate of interes4 equal to (the "Index") plus a margin of percent. The variable interest rate shall change and shall be calculated and imposed in the manner described in the Note. The terms of the Note shall be controlling in all respects. 2.2.3 Borrower agrees to pay to Bank an origination fee in the amount of _ percent of the amount of the principal amount of the Loan. The origination fee shall be paid on the date of the closing of 4he Loan. 2.2.4 Interest shall be calculated on the unpaid principal amount of the Note on the basis of a year consisting of 365 days, and interest shall be paid for the actual number of days elapsed. 2.2.5 Notwithstanding anything to the contrary contained in any of the Loan Documents, the maximum interest rate under the Loan will never exceed (i) percent or (ii) the highest rate permitted from time to time by applicable law, whichever is less. 2.3 Collateral. 2.3.1 To secure performance of Borrower's obligations to Bank under the iVote and this agreement, Borrower will execute the Deed of Trust and any required rider thereto, the Assignment of Rents, any security agreement, financing statement, or other document which Bank deems necessary or appropriate. The lien of the Deed of Trust and the other collateral documents shall have priority over all other liens and encumbrances against the Property and any associated personal property. 2.3.2 As additional security for the Loan, Borrower hereby grants to Bank a security ihterest in all deposit accounts maintained by Borrower at any subsidiary bank of FirstBank Holding Company of Colorado, Inc. 2.4 Conditions Precedent. Bank shall not be obligated to make the Loan or disburse any funds under the Loan at any time until the following events have been performed or have occurred: 2.4.1 Borrower's creditworthiness is deemed acceptable by Bank, and Borrower has satisfied Bank's internat credit analysis. 2.4.2 The Town has certified to Bank that Borrower is a Qualified Buyer, that Borrower is otherwise eligible under the Program, and 4hat the Property is a Qualified Dwelling Unit. mmlatov.fbv 4/14/95 3 2.4.3 Borrower has satisfied all the requirements of any mortgage loan commitment issued to Borrower by Bank. 2.4.4 The appraisal report of the Property is deemed satisfactory by Bank in all respects. 2.4.5 An improvement location certificate or other suitable survey for the Property has been received and approved by Bank. 2.4.6 Borrower has obtained property and extended coverage insurance for the Property in the coverages and amounts required by Bank. 2.4.7 Owner and Borrower have completed and delivered a satisfactory . mechanic's lien affidavit to Bank relating to recent repairs or improvements upon the Property. 2.4.8 A title insurance company acceptable to Bank must have issued, at the expense of Borrower, a commitment for an ALTA lender's extended coverage policy of title insurance in an amount and form satisfactory to Bank subject only to exceptions approved by Bank in writing, together with any endorsements required by Bank. 2.4.9 Bank has received a certificate of taxes with respect to the Property which meets with the approval of Bank and indicates no past due taxes or special assessments. 2.4.10 If the Property is a condominium unit or is othervvise part of a common interest ownership association, Borrower has obtained an acceptable certificate or other instrument from the governing association which shows the amount of any regular or special assessment which is due, and Bank has determined that such amount will be paid at closing from a source other than the proceeds of the Loan. 2.4.11 Borrower has obtained and delivered to Bank any requested certificate of occupancy or any other requested certifications relating to the Property. 2.4.12 Bank has determined to its satisfaction that the Property is in compliance with all zoning and building code ordinances and regulations of the Town. 2.4.13 Borrower has submitted evidence that the Property is not in a flood . or other hazard area which is deemed unacceptable to Bank. 3. Credit Accommodations by Town. 3.1 Consideration. As an incentive for Bank to participate in the Program and to approve the application of Borrower for the Loan, Town has agreed to extend credit accommodations to Borrower. The credit accommodations shall be in the form of an assignment and pledge by Town of cash or readily available funds in the amount and nature described below to mmlatov.fbv 4/14/95 4 support the Loan. Town and Borrower acknowledge that Bank has bargained for these credit accommodations as a condition of making the Loan, and that Bank would not be willing to make the Loan without these credit accommodations. 3.2 Pledqe and Assiqnment bv Town. 3.2.1 As a condition precedent to Bank's obligation to make and close the Loan, Town shall assign and pledge to Bank cash or readily available funds in the amount of ten percent of the purchase price of the Property. This assignment and pledge shall be evidenced by an assignment and security agreement between Town and Bank which describes the Program and Town's agreemen4 to provide credit support for each Loan which Bank makes under the Program. The security agreement shall also provide that the funds assigned and pledged by Town will be maintained in the Accoun4 . and, subject to the provisions of Section 3.3 below, may be utilized by Bank in the event of a default under the Loan Documents to pay principal, accrued interest and any other amoun4 which may be owing by Borrower under the Loan Documents. Bank shall not be required to proceed against Borrower as a condition precedent to utilizing the assigned funds to pay obligations which become due under the Loan Documents. 3.2.2 Bank shall release the assigned funds to Town at such time as the Loan has been paid in full. Bank shall also release the assigned funds on the fifth anniversary of the Loan (a) as long as all Loan payments have been made as agreed, (b) the value of the Property is then equal to or greater than the purchase price of the Property paid by Borrower, (c) the "back ratio" of the Borrower (as defined by Bank) is not greater than 40% based on the current interest rate under the Loan, and (d) Bank determines there has been no adverse change in the financial condition of Borrower. In the event the Property is sold for any reason, Bank shall not be required to release the assigned funds until such time as the Loan is paid in full. 3.2.3 Unless the Assigned Funds are removed from the Account by Bank, interest shall accrue on the Assigned Funds in the discretion of Bank at either a rate adjusted weekly which is equal to 95% of the Fed Funds Rate for the previous week as quoted in the Wall Street Journal or at a rate adjusted on an annual basis equal to the rate paid by NonNest Bank of Denver on one year certificates of deposit. 3.3 Prior Notice bv Bank. Bank will provide advance notice to Town in writing of Bank's intent to utilize any funds of Town which have been assigned 40 support the Loan. Upon receipt of such notice, Town shall have a period of five (5) business days to notify Bank in writing of Town's decision 40 elect to purchase the Loan from Bank under Section 9 of this agreement or to take such other remedial steps as Bank may require. In the.event Town fails to notify Bank in writing or take other appropriate action mmlatov.fbv 4/14/95 5 required by Bank within this period of time, Bank shall be entitled to utilize the assigned funds immediately to pay any obligations due under any of the Loan Documents. 3.4 Waiver and Estoppel. Any action or nonaction by Bank with respect to the available procedures described in this section shall not impede or bar Bank's right to initiate remedial procedures under the Loan Documents in the event of a default by Borrower, and this shall include, but shall not be limited to, Bank's right to foreclose the Deed of Trust. Bank shall not be subject to any argument or assertion based upon principles of estoppel or waiver as a result of Bank's action or nonaction under this section. 3.5 Reimbursement Obliqation to Town. In the event Town elects to purchase the Loan under this Section, or if any of the funds in the Account are utilized by Bank to pay any amounts owing under the Loan Documents, Borrower shall be obligated to reimburse Town for all such amounts along with interest at the rate of percent. . 3.6 Collateral for Pledqed Funds. Bank acknowledges that Town is prohibited by its charter and municipal status from permitting any funds owned by Town to be maintained in a depositary institution without adequate collateral furnished by the depositary institution. Accordingly, Bank agrees to maintain all funds which are assigned and pledged by Town under this agreement in a deposit account which is collateralized by treasury bills and other government securities which have maturities no longer than 3.7 Riqhts of Town with Respect to Pledqed Funds. From time to time and with the prior written consent of Bank, Town shall have the right to substitute acceptable securities or other liquid obligations for funds which are required to be assigned and pledged by Town pursuant to this agreement. Each substitution shall be made only with the written approval and consent of Bank, and Bank agrees that it will not unreasonably withhold any such approval and consent. Each such substitution, however, shall be accepted by Bank upon terms and conditions which Bank deems appropriate, and Bank in its discretion shall have the right at any time during the pendency of this agreement to require Town to assign and pledge readily available funds in place of any substituted securities or liquid obligations. 4. Mortqaqe Loan Documentation. 4.1 Unless otherwise provided in an addendum to this agreement, the Loan shall be made as part of Bank's variable rate mortgage loan program known as the "FIRM-5" loan. Borrower acknowledges receipt of program . disclosures as well as a copy of the Consumer Handbook on Adjustable Rate Mortgages. Borrower understands that the fixed initial interest rate will be converted to a variable interest rate at the end of five years. Borrower further understands that the variable interest rate will be based on an index rate plus a margin, and that the rate of interest can be adjusted on an annual basis. An increase in the variable interest rate will mmlatov.fbv 4/14/95 6 usually result in an increase in the amounf of the monthly payment which Borrower is required to make. 4.2 Borrower agrees to execute all documents which are required by Bank in connection with the Loan including, but not limited to, the adjustable rate note. and rider, the deed of trust and any required riders, an assignment of rents, escrow account disclosures and authorizations,, and an agreement to execute and deliver additional documents requested by Bank. 4.3 In consideration of the special interest rate and maximum loan amounts established by Bank under the Program, Borrower agrees to authorize Bank to charge Borrower's deposit account maintained at Bank for the amount of each monthly payment due under the Loan. The amount of this payment shall include principal and interest as well as the amortized portion of any mortgage or other insurance premiums or reserves, tax reserve, and any other reserve. 4.4 Borrower agrees during the term of the Loan to execute such further documents as Bank may deem necessary from time to time in connection with the Program or with respect to any regulatory compliance requirement. 5. Title Exceptions. As a requirement of the Loan, Bank must receive an acceptable ALTA lender's title insurance policy insuring Bank's lien upon the Property as described in Section 2.4.8 of this agreement. In addition, Borrower will receive an owner's policy of title insurance issued by the same title insurer. The policies will contain an exception to title based upon the Program restrictions and their impact upon the future use, transfer and marketability of the Property. Borrower agrees tha4 any excep4ion to title of this nature will not give rise to any action for rescission or any o4her remedy or cause of action by Borrower under any of 4he Loan Documents or any other document executed in connection with the Program or Borrower's acquisition of the Property. 6.. Limitations on Sale or Transfer. Borrower agrees that from the date of the closing of Borrower's purchase of the Property, Borrower's ability to sell or transfer the Property shall be limited as follows: 6.1 . No part of the Property or any interest in the Property may be sold or transferred by Borrower without the prior written consent of Bank and Town. 6.2 In the event Bank and Town consent to any proposed sale of the Property by Borrower, the gross sales price which Borrower may receive (no4 including any real estate commissions owed bjr Borrower as part of the transaction) may not exceed: 6.2.1 The original price; 6.2.2 Plus an increment equal to 3% per annum of the original price paid by Borrower from the date of purchase (prorated at the rate of .25% for each whole month of any part of any year); mmlatov.fbv 4/14/95 7 6.2.3 Pius the value of capital improvements made to the Property not exceeding 10% of the original purchase price paid by Borrower; 6.2.4 Plus assessments made by any homeowner's association or local government which have been paid by Borrower from the date of Borrower's purchase of the Property. 6.3 Any. transfer of an interest in the Property shall remain subject to the limitations on sale or transfer described in this agreement and in the Program Documents and Program Guidelines. However, the following transfers shall be considered as exempt from these limitations under the conditions described below: 6.3.1 A transfer of an interest to a trustee for the benefit of the Borrower or the Borrower's spouse or issue as long as the Borrower remains an occupant of the Property. 6.3.2 A transfer of an interest by Treasurer's Deed pursuant to a sale for delinquent taxes, by a sheriffs deed, by a private or public trustee's deed pursuant to foreclosure proceedings of any nature, or by deed in lieu of foreclosure pursuant to a judgment execution or a foreclosure sale. 6.3.3 A transfer of an interest by the U.S. Department of Housing and Urban Development ("HUD") after HUD has acquired title pursuant to a foreclosure of a deed of trust insured by HUD. 6.4 In the event of any transfer pursuant to any of the subsections in Section 6.3 above, all grantees or successors in interest shall still be bound by the terms and conditions of this agreement in the same manner and degree as if an exempt transfer had not occurred. 7. Limitations on Occupancv and Use. 7.1 Borrower (or any person to whom Borrower rents or leases the Property) must qualify on a continuing basis und.er one of the following categories: 7.1.1 An employee of the Upper Eagle Valley who works a minimum of 30 hours per week; 7.1.2 A senior citizen (age 65 or over) who has formerly fulfilled the definition of an employee as established in Section 7.1 above; 7.1.3 A handicapped person; 7.1.4 A dependent of any person fulfilling any of the three categories described above. 7.2 The Property shall be limited exclusively to provide housing or home ownership for persons who meet the definition of a Qualified Buyer and their immediate families. This restriction shall bind the Property on a continuing basis and shall be effective as to all successors in interest to mmlatov.fbv 4/14/95 8 J the Property, except that this restriction shall not survive the foreclosure and sale of the Property through administrative or court proceedings. 8. Involuntary Proceedinqs. Borrower shall be in default under the Loan Documents and under the Program in the event Borrower: 8.1 Fails to pay any amount which becomes due under the Note or the Deed of Trust. 8.2 Fails to comply with any performance obligation under any of the Loan Documents or the Program Documents. 8.3 Permits any lien to be asserted against the Property which is not resolved to the satisfaction of Bank or released within 30 days from its attachmen4 4o the Property. 8.4 Permits any creditor, governmental agency; person or entity to levy upon or seize the Property under any court or.administrative proceeding. 8.5 Damages the Property or permits any uninsured loss or destruction to occur with respect to the Property in a material fashion. 8.6 Seeks to revoke, terminate or otherwise limit Borrower's obligations and compliance duties under the Loan Documents or the Program Documents. 8.7 Dies, becomes legally incompetent, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, files a petition under the federal bankruptcy laws, has an involuntary petition in bankruptcy filed in which Borrower is named, or has any personal property which is associated in a material fashion with the Property taken under any writ or process of court or any administrative proceeding. 8.8 Allows goods to be used, transported or stored on the Property, the possession, transportation, or use of which is illegal. 8.9 Allows any party other than Borrower to assume or undertake any of the obligations under the Loan Documents or the Program Documents without the written consent of Bank and Town. 8.10 Causes Bank to deem itself insecure due to a significant decline in value of the Property; or if Bank, in good faith, for any reason believes that the prospect of payment or performance by Borrower under any of the Loan Documents is impaired. 9. RiQht of Town to Purchase Loan. 9.1 In the event any administrative or judicial proceeding is commenced for the foreclosure and sale of the Property, or in the event any other action is taken by a third party with any lien or claim against the Property 4o bring about an involuntary sale of the Property, Town shall have the righ4, but not the obligation, to purchase the Loan from Bank and exercise any mmlatov.fbv 4/14/95 9 remedies or powers which Bank may have under the Loan Documents. It is intended that the right to purchase the Loan under these circumstances is an important and essential element of this agreement. 9.2 The exercise of this right will permit Town to preserve the pool of dwellings which are part of the Program and enable the Property to be made available for purchase by another eligible resident employee under the Program. Therefore, the right of Town to purchase the Loan and exercise all rights and remedies of Bank under the Loan Documents should be construed in the most comprehensive fashion in order to accord Town the maximum flexibility under the Program and under the Loan Documents. 9.3 In the event Town elects to purchase the Loan in this situation, Town shall notify Bank of its election in writing and shall tender to Bank the ' outstanding balance of principal and accrued interest owed to Bank under the Loan Documents. Upon acceptance of this amount by Bank, the pledge obligation of the Town with respect to the Loan shall be released, and the Loan Documents shall be endorsed, transferred, assigned and delivered to Town by Bank without recourse. Bank shall cooperate with Town thereafter in assisting Town to exercise any right or remedy available under the Loan Documents. 9.4 In the event Town becomes the owner of the Property by exercising its rights and remedies under the Loan Documents in this fashion, Bank will thereafter review and process any subsequent mortgage loan application under the Program from another eligible resident employee with respect to the Property. However, any mortgage loan approved by Bank under these circumstances shall be established as a new and separate mortgage loan under the Program and shall not be related to or affected by the previous mortgage loan in any fashion. 10. Representations and Warranties of Borrower. Borrower represents and warrants to Town and Bank as follows: 10.1 All information furnished to Town and Bank concerning Borrowers eligibility for the Program and Borrower's financial condition is complete and accurate as of the date of such information, and Borrower will promptly notify Town and Bank in writing of any material change in such information. 10.2 Borrower will utilize the proceeds of the Loan to purchase a residential dwelling under the Program, and Borrower will comply in all respects with the requirements of the Program during the term of the Loan. 10.3 Borrower will maintain the restricted status of the Property and will comply with all occupancy, use and resale conditions required by this agreement. Borrower will not take or permit any action or occurrence which might jeopardize or conflict with the restricted status of the Property. 10.4 Borrower will occupy the Property as his or her sole place of residence during the time that the Property is owned by Borrower (subject to any rental arrangements approved by Town in writing) and will not engage in mmlatov.fbv 4/14/95 10 y any business or activity upon the Property which is not in conformance with the applicable zoning regulations and the Program Guidelines. 10.5 In the event Borrower determines to sell the Property, Borrower shall promptly notify Town and Bank in writing of such intention. Borrower may, then proceed to sell the Property, but only to a Qualified Buyer and only in accordance with the provisions of Section 6 of this agreemen4 and in compliance with the Program Guidelines. Borrower will presen4 documentary evidence to the satisfaction of Town to show tha4 the Property is being sold for an amount which is not greater than the maximum sale price as determined in Section 6.2 of this agreemen4, and Borrower will not close the transaction or convey title to the Property until Town has issued a written confirmation that the proposed sale meets the requirements of this agreement and the Program Guidelines. 11. Representations and Warranties of Town. Town represents and warrants to Bank as follows: 11.1 Town is authorized and empowered to establish and operate the Program. 11.2 All appropriate municipal authorizations and resolutions have been adopted and executed to enable Town to enter into the Program Documents and to execute fhis agreement. 11.3 Town is authorized by its Charter or other inherent powers to provide financial accommodations to Borrower and to assign deposit account funds in the manner provided by this agreement. 12. Representations and Warranties of Bank. Bank represents and warrants to Town as follows: 12.1 Bank is authorized and empowered to make loans under the Program Guidelines and to enter into the Program Documents and this agreemen4. 12.2 Bank is a Colorado chartered supervised lender and is regulated by the Colorado Division of Banking as weil as the Federal Deposit Insurance Corporation. 12.3 The deposits maintained at Bank are insured by the Federal Deposit Insurance Corporation to the extent provided by applicable law. 13.. Miscellaneous. 13.1 Severabilitv. The invalidity or unenforceability of any one or more provisions of this agreement shall in no way affect any other provisions. 13.2 Counterparts. This agreement has been executed in several counterparts, any one of which may be deemed an original. Signatures pages bearing facsimile signatures shall be received in lieu of original signatures, and such copies taken together shall be deemed to be a full and complete agreement between the parties. mmlatov.fbv 4/14/95 11 13.3 Entire Aqreement. This agreement embodies all written and oral negotiations between the parties and may not be amended except in writing executed by all parties. 13.4 Notices. All notices shall be in writing and shall be deemed to have been given when presented personally, sent by facsimile transmission, or when deposited in the United States mail, certified mail, return receipt requests, addressed as follows (or as contained in any amendments hereto): Bank: FirstBank of Vail Attn: Mark Ristow 17 Vail Road Vail, CO 81657 Facsimile No. 303-479-0585 Town: Town of Vail Attn: R. Thomas Moorhead, Town Attorney 75 South Frontage Road Vail, CO 81657 Facsimile No. 303-479-2157 . Borrower: Facsimile No. Town of Vail Borrower By: FirstBank of Vail By: mmlatov.fbv 4/14/95 12 ' From: Wortnan R. Heheig To: Tom Moorhead Date: 4114M Time: 13:33:56 Page 2 0l 3 Dep6sat Account Assignment and Securotv Actreemen4 Name and address of Loan fVo.: Lender: FirstBank of Vail Borrower(s) Principal Amount: $ . 17 Vail Road Niaturity Da.te: Vail, CO 81657 Assignor: Town of Vail 75 So. Frontage Rd. Vail, CO 81657 This assignment and security agreement (the "AgreemenY") is entered into this day of ,199 , by and between FirstBank of Vail, a state-chartered banking corporation ("Bank") and the Town of Vail, a Colorado municipal corporation ("Town"). Recitals A. In connection writh Town's current Residential Employee fVlortgage Loan Program (the "Program"), Town has agreed to provide financial accommodations to Bank as an incentive for Bank to make mortgage loans to qualified borrowers under the Program. B. Under the terms of the Program documents and the fVlaster Nlortgage Loan Agreement, each mortgage loan will be partially collateralized by an assignment from Towrn of deposit account funds maintained at Bank in the amount of ten percent of the purchase price of the real property which is being purchased with the mortgage loan proceeds. C. This Agreement is intended to provide for the assignment of the requisite deposit account funds to Bank as collateral for the mortgage loan described above (the "Loan"). Accordingly, the parties agree as follows: , 1. Assiqnment. Town assigns and grants a security interest to Bank in the entire interest of Town to funiis maintained in the name of Town in money market account number (the "AccounY") at Bank to the extent of $ (the "Assigned Funds"). 2. Use of Collateral. The Assigned Funds have been pledged to Bank as collateral for the repayment of the Loan. Bank shall have the right to debit the Account and utilize the Assigned Funds in the event of any default by the borrower(s) under the Loan. The Assigned Funds shall remain as collateral for the Loan until the Loan is repaid in full or the Assigned Funds are released by Bank in accordance with the terms of the master fViortgage Loan Agreement. The Assigned Funds may not be drawn or utilized by Town in any fashion during the term of this agreement. 3. Interest. Unless all or any portion of the Assigned Funds are removed from the Account by Bank, interest will continue to accrue on the Assigned Funds at the rate which has othenwise been agreed upon between Town and Bank. Interest shall not accrue on any Assigned Funds which are removed from the Account by Bank for any purpose. tovdaasa.fbv 4/14/95 ~ From: Norman R Helwig To: Tom Moofiead Date: 4114195 Time: 13:34:46 Page 3 ot 3, ' 4. Representations of Town. Town represents and warrants to Bank that: 4.1 Town has not made any prior assignment or transfer of the Assigned Funds. 4.2 Town has not withdrawn, cancelled, been repaid, or redeemed all or any part of the Assigned Funds. 4.3 There is no pending application or instrument for the withdrawal, cancellation, payment, or redemption of the Assigned Funds. 4.4 The Town shall not, at any time during which the Loan is outstanding, assign, transfer, withdraw, cancel, redeem, or seek any payment or advance from the Assigned Funds. ~ 5. Authority of Bank. In the event of any payment or performance default under the Loan which has continued for a period of more than 30 days, Town authorizes and empowers Bank, either in its own name or in the name of Town, to: 5.1 Charge or debit the Account for any portion of the Assigned Funds which represent an unpaid balance owing under the Loan. I 5.2 Demand, collect, and receive payment of any and all sums or proceeds due or to become due as the result of the deposit of the Assigned Funds in the Account. ~ 5.3 Deal in all cespects with the Account as the holder thereof. 5.4 Pay any portion or all of the Assigned Funds to Bank or its order. Executed by the parties on the day and year described above. FirTank of Vail . Town of Vail By: By: tovdaasa.fbv 4/14/95 2 THE TOWN OF VAIL DEED RESTRICTIONS AND GUIDELINES FOR TYPE A EMPLOYEE HOUSING UNITS Effective May , 1995 I. PURPOSE , The purpose of the Type A Employee Housing Unit is to enable individuals to purchase primary residences within the Town of Vail. One of the goals and requirements of the deed restrictions is that the residence be owner occupied. Renting the residence is allowed in extenuating circumstances only, as described in Section IV below. Additional information pertaining to the Type A Employee Housing Unit deed restrictions can be found in the Type A Employee Housing Unit "Occupancy and Resale Deed Restriction and Agreement" (deed restriction). The purpose of the Type A Guidelines is to set forth the requirements and restrictions for those dwelling units throughout the Town of Vail that are purchased via the mortgage „ guarantee program or the mortgage credit certificate program. These two programs can be . used individually or can be combined by potential homeowners. At the time of closing, if either program has been utilized, the owner must sign the Type A deed restriction which will . run with the property in perpetuity. II. RESALE RESTRICTIONS . In the event that an owner desires to sell the Type A Employee Housing Unit, the owner may do so provided that the resale price and prospective purchaser meet the standards of the Type A Guidelines and deed restriction. Resale price may not exceed: A. The original price; B. Plus an increment equal to 3% per annum of the said purchase price from the date of purchase (prorated at the rate of 0.25% for each whole month of any part of any year); C. Plus the value of capital improvements (including professional fees) made to the Employee Housing Unit not exceeding 10% of the original purchase price. For every ten years from the date of original purchase and deed restriction, another ten percent of the purchase price may be added to the value of the property for capital improvements; D. Plus the value of any special assessments made by a homeowner's association or by a local government that have been paid by the owner. Additional details regarding resale value as well as calculation methods are provided in the deed restriction. III. PURCHASE CRITERIA Individuals desiring to purchase an employee housing unit shall receive preference and be prioritized according to the order of the criteria listed below. Units with the highest offers of equal amounts and equal priority status shall be placed in a lottery which will be held within a reasonable amount of time following the deadline for bids. A. Highest offered price below or equal to stated maximum. The Housing Authority, Town of Vaif or owner reserves the right to reject any and all offers. In addition, the Town may set a minimum offer price, below which no offers will be accepted. 1 B. Individuals with the longest consecutive record of employment within the Town ~ of Vail boundaries. C. Individuals with the longest consecutive record .of residency uvithin the Town of Vail boundaries. D. Individuals vuho.reside and are employed outside the Town of Vail boundaries but within 4he Gore/Eagle Valleys. V!!. OCCQ.DPANCY f~~QUIREMENTS Once a Type A Employee Housing Unit has been purchased, it must continue to be occupied in a manner vvhich is consistent with the goals and policies of the .Town of Vail Housing Program. The Type ,4 Employee Housing Unit must be owner occupied by: -An employee, working in Eagle County uvho works a minimum of thirty hours per week, and the employee's spouse and children. -A retired individual, sixfy years or older, who has wrorked a minimum of five years in Eagle County for a minimum of thirty hours per week, and his or her spouse and children. Other regulations pertaining to occupancy are as follows: A. A leave of absence may be gran4ed fot one year, subject fo clear and convincing evidence, vvhich establishes a reason for leaving and a commitmen4 to return to the Vail/Eagle County area. Said evidence shall be in written form presented to the Town 30 days prior leaving. The leave of absence shall be for one year and may, at the discretion of the Touvn, be extended for one additional year, but in no event shall such leave of absence exceed two years. The unit may be rented during said year or years to residents who comply with the above occupancy requiremen4s. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished 4o the Town. . B. If the Type A Employee Housing Unit is listed for sale, the unit may, upon approval of the Town, be rented to residents who comply with the occupancy requirements. A letter must be sent to the Vail Housing Authority requesting permission to rent the unit until sold. A minimum six (6) month uvritten lease must be provided to the tenants with a sixty (60) day move out clause upon notification 4hat the unit is sold. C. Co-signers may be allowed but shall not occupy the unit unless the occupancy requirements of this section are met. D. If an individual owns a local residence when purchasing an employee housing unit, 4he individual must agree to restrict the residence as a Type A Employee Housing Unit as provided in the deed restrictions or sell the residence. The residence mus4 be tisted for sale within ninety days of purchasing the employee housing unit and must be sold w+ithin one year of closing. . 2 E. If an individual owns vacant land when purchasing an employee housing unit, as soon as the land is improved with a residence, the individual must sell the employee housing unit or agree to restrict the new unit as a Type A Employee Housing Unit, as provided for in the deed restrictions. V. ANNUAL VERIFICATION AND PENALTIES FOR VIOLATION A. No later than February 1st of each year, the owner of the restricted employee housing unit shatl submit two copies of a report, on a form to be obtained from the Community Development Department, to the Town of Vail Housing Authority and the Town of Vail Community Development Department verifying that the dwelling unit continues to be owner occupied, that it has been occupied in accordance with Section IV of these guidelines; that the occupant has worked thirty hours per week for the previous year, and the location of where the occupant has worked. B. If the Town determines that there has been a violation of the occupancy standards, the ownee of the restricted employee housing unit shall be found to be in noncompliance. Penalties the Town may assess against the owner include eliminating resale gain, and/or penalties found in the Town of Vail Municipal Code Section 1.01.100. Any misrepresentation by an applicant in submittal material shall disqualify the applicant. VI. SUBMITTAL REQUVREMENTS The applicant shall provide (upon request by the Town) any combination, or all, of the following documentation as proof of residency, employment and income: A. Federal Income Tax return forms. Applicant must provide the last four (4) years of Federal Income Tax Returns, an audited financial statement, or acceptable documentation to the Town. B. Verification of current employment or job commitment in Vail or Eagle County (i.e., wage stubs, employer name, address and phone number or other appropriate documentation as requested by the Town). C. Landlord.verification (proof of residency, physical address). D. Valid Colorado Driver's License (address, issue date). E. Voter registration. Please note that voter registration must be updated within thirty days of closing. F. Deposits for down payment shall be verified by the holder of such funds. G. Any co-ownership interest other than joint tenancy or tenancy-in-common must be approved by the Town. 3 ~ ~ d H. Signed authorization from the applicant allowing the Town of Vail to discuss details with applicanYs employer. 1. Any documentation which the Town deems necessary to make a determination. il. FO RECLOS URE The Town of Vail (the "Tovun") may, pursuant to an agreement en4ered into in connection with any first lien deed of trust or mortgage to be secured by the affordable housing unit, agree to release and waive their ability to enforce the resale restrictions contained herein, in the event of foreclosure, provided that such agreement grants to the Town Council and Authority, the option to acquire the affordable housing unit within . 30 days after the expiration of the statutory redemption period for an option price not to exceed the redemption price on the last day of the redemption period. The followring option provisions shall be included in loan documents, or in a separa4e agreement entered into in connection with loan documents, and shall be execuied by the lender, the Town Council, and the Authori4y. . In the event of a forectosure by the holder (including assigns of fhe holder) of the promissory note secured by a first deed of trust or mortgage on the affordable housing unit, and subject to the issuance of a public trustee's or sheriff's deed to the holder following the expiration of the borrower's redemption rights, the Housing Authority of the Town of Vail ("Authority") and the Town Council of the Town of Vail, Colorado (the "Town Council") shall have the option to purchase the affordable housing unit which shall be exercised in the following manner: A. fVotice. The holder shall give notice to the Authorify and the Town Council that a certificate of purchase uvith respec4 to 4he affordable housing unit has been issued to said holder by the Public Trustee of Eagle County. Such notice wrill be given within 10 days of the issuance of the certificate. Notice shall be deemed given upon being placed in the U.S. Mail, First-class postage prepaid, and addressed as follows: . Tovvn Manager, Town of Vail 75 S. Frontage Road Vail, CO 81657 Chairman, Housing Authority of the Tovvn of Vail 75 S. Frontage Road Vail, CO 81657, B. First Option. The Town Council shall have 15 days after the expiration of the borrower's statutory right to redeem in which to exercise its option by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower on the last day of the redemption period. 4 C. Second Option. The Authority shall have 15 days after the expiration of the Town Council's option as set forth above to exercise its option to purchase the affordable housing unit by tendering to the holder, in cash or certified funds an amount equal to the redemption price which the borrower would have been required to pay on the tast day of the redemption period. D. Title. Upon receipt of the option price, the holder shall deliver to either , the Authority or the Town Council a special warranty deed, conveying the property to either the Authority or the Town Council. Title shall be merchantable, free and clear of liens and encumbrances which would render title unmerchantable. In the event that neither the Authority or the Town Council exercise their respective options as provided above, the Authority and the Town Council shall cause to be recorded in the records of the Clerk and Recorder of Eagle County, a full and complete release of the covenants restricting such unit to Affordable Housing use which appear in said records in Book Page ( Such release shall be placed of record within three days after demand therefore by the holder following the expiration of the options. 5 a e ~ ? e4 TObVN OF VAIL 75 South Frontage Road Office of Town Attorney Yail, Colorado 81657 303-479-21071 FAX 303-479-2157 M E MORAN D U M iiSTORNEX / CUEPIT PRIYIiEOE 1ArOWlC PRoDucT TO: Vail Tovvn Council FROM: R. Thomas Moorhead, Town Attorney DATE: April 17, 1995 RE: Lodge Properties, Inc.; Land Exchange Litigation Attached you will find correspondence from Charles B. UVhite dated April 14, 1995, which outlines the substance of the court's Memorandum Opinion and Order, identifies the issuEs for appeal, and the anticipated fees and costs of an appeal. The court's Order was entered on March 31, 1995. Because ihe United States is 2 pa rty to this litigation, an order of appeal must be filed wiihin sixty days. Thai date is May ~Q, 1995. ; would be happy to respond to any questions you might have. RTM/aw , Attachment SEN'1' BY-BkUWNSTE.IN tiYATT ; 4-14-95 ; 14.02 ; SHF&S- 3034792157;# 2/ g ' B$OWNa1ICI1V HYAT?' FARI3ER Ec STBICliLAND, P.C. Arro:rxjmys'sr Lnw twEwrr-secoNO FLOOR 410 SEYENTECNtH STRE[T nsxvsa, co,.vRwno e090s-448r A7TORkEV / CUENT TEI.EPMONE l3031 534•6335 . PRMLEpE 1AIDW pRpCUCT Ct11r]@A B. WhItC TELEGOPIER (303) 623•1956 . ~ , ApY'i1 14, 1995 VIA FACSIMILE Thomas Moorehead, Esq. ~ Town Attorney ~ Town af Vail 75 South F'rontage Road Vail, CO 81657 Re: Lod e Pro erties Inc.- Land Exchan e Liti atio Dear Tom: As we discussed last week, the fedegal district e urt has ruled in the case of Lodqe ToWer Condominium Associatfon~and the Town o Vail v. Lo e Pro erties the United States. et al., and 1 upheld the land exchange of the Lodge Parcel between the U.S. Forest Service and Lodge Properties, Inc. In a Memorandum Opinion and Order dated March 31, 1995, Judge Nottingham addressed the merits of our first amended complaint, rejected the majority of the federal maqistrate's earlier recommendatfons in our favor, and dismissed each of our causes of action. This letter will briefly discuss the Bubstattce of the court's Memorandum Opinion and Order (ano certain of the magistrate's rulings), and identify the issues as to which errors by the court present us with good arguments for appeal. 1. Procedura Posture of C se. The court's Memorandum Opinion and Order megins with a brief description of the facts underlying the land exchange litigation and tha procedural posture of the case. The court stated that, in its view, the litigation was more properly "a review of agency action under the Administrative procedure Act" rather than a trial on the merits of the land exchange. Therefore, the court decided to ignore the fact that the case was presented on motions for summary judgment, and instead to rule directly on the merits of each of our arguments against the land exchange_ The court apparently did not understand that the summary judgment motions which had been filed by both the plaintiffs ahd defendants were the most direct means to brimg the issues in the casa Defore the court for immediate corisideration. Arguably, by making assumptions about facts in dispute (as noted below) and ignoring the limitations of the sumfiary judgment procedure, the coutt committed reversible error. . ~ ~ tSl :ttitUivN51't l N HYA7`I' ; 4-14-95 : 14 :02 : BHF&S- 3034792157 3/ g 3'homas Moorehead1, Esqo April 14, 1995 Page 2 a. 19tandarrIl og Revapwe The juciqe aclcnowledgeci that hfs x-eview of our compFaint would be governed by the Aclministrative Procedure Acte This statute provides that the court may only geverse the actians of federal aqencaes if the aations are found to be either warbatrary, capricious and an abuse of discz'etio1190 a oaC~~tragy go constitutional law", in eatcess df statutory authority, or irn some other way coaatrary to procedures required by lawo The court properly noted that at could not substitute its oan jtadgment for that of the federal agencies, or (in anost cases) allow a new presentatgora of the gacts. 7'tae court then set forth the procedure farst, the cou~t would deteg-mine whether the Fa e t Service reviewhad acted ProPerly wathin the scape of its au t hor3.ty; second, it would consbder whether -the agencyBs cIlecision was based on a consi.deratian of the relevant and approprfate factorso and third, whether the agency°s decasion gesulted in a clear error. of judgmenta These are the correct stanciards for revaew of agency actiono Howevera the court went on ta state that even ig aclear error existed, it would onl.y set aside the agency actian ig there was a eDsiqnificant chance that, but for the errors, the agency might have x-eaahecl a d$fferent gesialto 0 The aPplication of this staaadax-d of review, in addition to making gt much ffiore difficult for ias to overturn the land exchanq~~ presents a goad issue to arcJue for reeersal on appeab since in thgs case it xequires the judge to speculate about facts taot in the record. This is partiCularly signigicant, as will be discussed, ixa cornection with the failure of the Forest service to properly evaluate the exchange under the National Eazvironmenta.B. Policy Act (nNF;pA"), 3- Pu Iic Txn e- s Recguirepent. The court then taarned to our first claam gor relief that the lar?d exchange was not in the public interest as required by the Federal Land Policy and Managemerat Act ('"gLPMA°o). Initially, the court rejeeged the defendarats ° argumen~ that we had not the raised the publ ic interest isrue duginq t11'ne course of the administrative proceedings, anci the aggument that the agencyos decision on p coanmgtged solely to the discretion of the ac~encac intere~~ w~s However, after coaasiderinq the basis ffor the Furest Service's decision that the ex c han ge was i n the p u b lic integesto the court determined that the agencye s decision was °Aabundantly supported" by the gecord as a whole. The coux-t seemed to be particularcly iffipgessed by the gact that the i,odge Parcel, coffiprisang two acres of land wathin the Town of vail tliat did not contain . wzlderness area ar wetlancls, was being eacchanged for a 385-acre wilderness ~r~tii rst ~~c~nn5icllv t11A11 ~ 4-14-95 ; 14:03 ; BHF&S- 3034792157;~ 4! 8' Thomas Moorehead, Esq, April 14, 1995 Page -3 parcel that included a siqnificant amount of wetlands, floodplains, and wilderness area. The court then addressed our argument wpiich was supported by the magistrate judqe's recommenciation that the agency's decision to complete the exchanqe was clearly erroneous beGause it was based on the use of the parcel as a 100-unit hotel, with the attendant benefits to the Town, while the Forest Serviae appraised the property as two-unit residence. Despite recognizinq the clear canflict in these inconsistent assumptians, the court nonetheless applied the narrow rule that it would not reverse the aqency action unless it could find that, but for the error, the agency's ultimate decision would have been different. Judge Nottingham's approval of the agency's inconsistent assumptions reqarding the most probable future use of the Lodqe Parcel raises twa issues for appeal in additian to the standard af review npted abpve. First, bath NEPA's disclosure requigement and the FLPMA rule that exchanqe Zands be of equal value require the agency to make consistent assumptions as to future lanai use. Second, general administrative law princip].es require that agency decisions be reasorned, loqical, and documented to the.publ.ic. The Forest Service shou2d not be able to justify its decision based on the benefits vf a hotel development which its appraiser found to be speeulative. In dismissing the inconsistency between ' the two different future use determinations, the court stated that the environmental assessment ("EA") for the exchange demonstrated "full awareness of the fact that proposed use of the Lodge Parcel for erection of a hotel would depend upon negotiations between Lodge Properties and the Town of Vail." Thus, the caurt found that the hotel usage, "a otential positive benefit," was not critical ir1 terms of Farest Service approval of the land excharige. Not only dzdlthe court speculate as to actual agency ]crjowledge and intent, contrary to both its limited role in reviewing the existin record and the posture of the case on summary judgment motions, but it also appears to have improperly excused the~agency from c p2 inwith NEpA's requirement to examine the ost rQbable (not j st a~j futuxe land use. Again in violation of its own standard, the court ape ulated without any reference to or basis in -the xecord t at the aqency would have reached the same decision r~gardless of a y error in employing two conflicting assumptions o future usag . The court's unsupported assumption as to the gency's response to different information, as well as its fa ].ure to eriforce the requirements of NLPA, both raise strong ar ents for appeal. a SEN"I BY.f3kUWNSTP.IN HYATT ; 4-14-95 ; 14:03 ~ BHF&S_ 3034792157;# 5/ 8 0 Thomas Hoogeheade Esqo e9pg'gl g40 1395 Paqe 4 ~o ~al ~alu~ anc~ standinQo Turning to our secand claim fog pelbeg tYnat the Forest Service appraved an exchanqe of trao larad pagcels tknat were ianeolual in valueo Juclqe Nott$.ngham aqreed wi'th the macyistrate°s recommea'dation tbat neither the Town nor Iocige Toweg have p standang100 to advance this argument i vee,that we hacP not sugfeged an aastual injurgr that would allow us to seek a remedy ggom the courts e %aa the alternative, the court went oaa to reach the merits of the gssue arad taeld that the agency action taas not ",arbatrary, capricfouso og an abuse of discretiono 00 The cotxrt nnled that xeasonable peaple are entitged to diffeg on the faig market value of apagticular property, and that rae had failed to slaaw the F'orest Segvace comitted a POcleaY' mistaceBQ in it6 consideratioat of the appgaisalso We hawe a PeaSOY18lble ChaI1Ce to reverse the cotzrt°s ruling that we gack standing to raise this issue, sinae the County Assessor°s affidavits. did cflemonstrate a reasonable rgsk of f-ature injury.and the judge gail~d to address Lodge Toweg°s independent standing as a Pgaintbgf. However, we should consider whetheg an appeal $ ora this . issue wou1d be worth the effort, since the cougg of appea s cottlol well agree wigh the district court that the aqency's cieci 4sioxa to rely on the appgaisal is entatled to deferencee This is an iseue which we maght deemphasize in the aPPeal in ogder to focus ouP briefs and the court° s attention on oug stronger argumentsa Yn this regard, we will point out that the appraisal fox resbdential use was improper in vievd of both the adjacent commercial zoning and the agency's reliance on hotel devegopm-ent go justify the exchange> 5° Stcigg-ApMpaisal,. The caurt also rejeCged puP gifth claim for relief that the agency violated its o~ pgocessi~aq land exchanges by relying on an appraisall af the wiIlderness parcel which was more than one year olde The court integpg~~~~ ~e Magr 11, 1988 exchange agreement between Iodge PgoPegties and the U.S. to expressly condition consummatimn ag the exchan9e o8a the outcome of the pendirag appeal, but not to require a new app:9aisal og the wilderness ap occearred ~ore thaaa ane year latera The court tPnegegore detex-mined that the appraisal og the wilderness pax-cel as set in 1988 was valad gor any future exchange undex the agreemeaat. It is unlilcely ghat the court of appeals would reverse tgaas holdinga 6. Sugficienc og viro zenta 4ssessmento The court next consadeged whettaer the EA was insufficiento and an envgrorimental impact statement (oaEYSQO) was requared. T2ae raagistrate ta$d agreed with us ttaat, gipst, the EA mistakenly identigied, the most probable use of thp parcel as a site for a hotel, an conflict with the Bt -EiitUivNS"I'E1N HYAT'I' ; 4-14-95 ; 14:03 : SHF&S- 3034792157;# 6/ 8Thomas Moorehead, Esq, ApriT 14, 1995 Page 5 assumptions in the appraisal, and second, that the EA failed to consider the impact of a possible relocation of the easement for the "Mill Creek Road', on the Lodge Parcel. ! Judge Nottingham recognized that the EA contradicted the appraiser's f inding that hotel development was speculative, but nonetheless found that the agency could rely on the developer's Praposal and was not required to supplement the EA. The court speculated that the environmental effects of any residential development of the Lodge Parcel would be less than hotel development, and thus any change in the EA would be to the advantage of the defendants. This analysis iqnores the fact that the benefits of the proposed hotel usaqe were heavily relied upon in the EA to justify t,he "public interest" of the exchange, and is inconsistent ;jith the requirement of both AIEPA and administrative law that the EA and decision notace accurately and completely analyxe the positive as well as adverse impacts af a proposed action. The court further speculated that the ertvirorunental impact from future use of the parcel would be adequately addressed through local land use decisions. Althouqh the reasoninq. was correct insofar as it went, I believe that the court erred in holding that the agency could delegate to local authorities the duty to identify as well as mitigate impacts. The court then considered whether the EA's failure to evaluate the impact of the Mill Creek Road relacation was a"fatal omission." The court agreed with us that t he EA did not in fact consider possible relocation of the road, and that rre had raised the issue durinq the administrative praceedings terminq both of defendantst arguments "disingenuous.11 The court also held that the federal defendants could not avoid the canclusion that the relocation of the Mill Creek Road was "never a par.t of the agency's decision-making process until on or about November 8, 198811, and thus the EA never considered the environmental ilripacts of relocation. While aaknowledging that the EA lishould have been supplemented to cansider the potential effects of the relocation", the court ruled that despite this mistake the EA's finding of no signigicant impact ( "FONSI") was not "arbitrar discretion.~~ Here, the court argua~bly perred uin~hold nq that oa FONSI is the only purpose of an EA, iqnoring the independent importance of a complete and accurate disclosure of environmental impacts and alternatives tv the proposed action. The court further erred in failing to follow the requirement (cited in its own discussion) that, in this situatian, the "proper course, except in s ~vl tSl :tSKVM'IVJI'tlN tlTA7'1 ; 4-14-95 ; 14:04 ; Bff&S- 3034792157;# 7/ $ 0 ThoMas Mooreheado ]Erqa April 140 1995 Page 6 - gare. eircii" tanees, gs to reffiatnd to the agency" for additional proceeding e , The basis gor the catagt°s approvag of the deficient EA was as followsofirrst, the court itselg determisaed that the gelocation of Mill Creek Road was 00epeculative, Bv anri therefoge not something that would necessagily resealt in an environmeaatal impacto and second, ~e cour$ 00satisfied" atselg s~hag ~e agencyas consideratic~n of the reloCation issue would not affect its issuance of a FdNS~ on the lan~a~ excha~ngee l~gaan, the court appeags to have enqaged i its own specuflative fact-ginolingo instead of gemaradinq to tti~ Forest Serrice fog reconsgaleration of enviroxamenta1 impacts. Th se NEPA issues present solad grounds for an appeal< ~ 7. Procedural claims. Fillallyo the cougt also rejected Qur sixth, sevesath and eaghth claims for relief. concerni%lg tJae premature clvsing og the exchange. As yota will recall, these Cgaiffis were necessagy ico address the defens~~nts°argumerats that t~ae closirngr of the eatcha~'age mooted oux complaint. Ba~. g a ezachaaeqe w$s impgopex- and violated ceptain pg ced a1 and due parocess rights oWe sought to preserve the cotaxt° s jurisdiction to reach the meritse We did not include those claiins in the motaon gor summary y~dcjment becatase we structured that motion only to address the key sbabstantive issues .in the casee Chief Judge Fines~lver had already ruled t1aat the court hdd jurisciiCtion to review thp merits og the exchangee The dismissal of taese claims should prbbably be.included in any appeal an orciep to protect our positgon against a cross-appeal by the defendantse aa TeY-minagion og s ecial Use Permite The cotart also raj ected our allegation that the TOWh ° 6 speaial use perffiit on the I,odge Parcel was unlawfully terminated 9aecause, .in its view, the original notice og termination pravided the Towm with an opportunity to contest the proposed termination of its special use raqhts. Disposition of this issue will depend on otag success an the public interesg, NEpA, ancl equal value claiffis. 9. Post-Trgal AoLionse We have decaded not to gile a mation to alger or amerad the court°s.judgment, as.Judqe 1Vottingham is obviou6ly ugareceptave to our positivne There also seems to be no reason to pursue a stay ag execution og the caurt°s decision and ogdere You have andicated thag the present zoning and land use segulations govegning the Lodge Parcel will develapung or otherwise alterin the Arevent Y~PI' irom 9 parcel without Town approaala 10 o clli~~ g~~ nci ~stimated Costs oA United States gs a pa~.ty to tPaas case° r~e P~ave 60 daYsBecause s~h~ o w&1ti l Pay u) :rsxunlvSlciiv HYA'I°I' : 4-14-95 ; 14:04 ; BHF&S- 3034792157;# 8/ g` Thomas Moorehead, Esq. April 14, 1995 . Page 7 30, 1995,, in which to file the notice of our appeal in the 10th Circuit. I estimate that our fees and costs for briefing and arguing the appeal, exclusive of any appeal bond, would be in the range of $2p,000. Of course, oux fees will be determined by the actual time spent, and could be greater or lesser than this estimate. I suggest we reach a consensus $ametime in early May as to our appeal strategy, rtrust the foreqoing will help you evaluate our position in this case. If you have any questions, please do not hesitate to call. Ve ruly yours, Charles B. White CBW:af 1 I \ ~d a4 TOWN OF VAIL 75 South Frontage Road Office of Town Attorney Vail, Colorado 81657 MEMORANDUM 303-479-21071 FAX 303-479-2157 TO: Vail Tovvn Council FROM: R. Thomas Moorhead, Town Attorney ( DATE: April 14, 1995 RE: Ordinance No. 5, Series of 1995 Attached is Ordinance fVo. 5, Series of 1995. The provisions dealing with physical control by means of a tether remain in this ordinance as it was last presented to Council. At this time, we have been unable to find any organization that is qualified or willing to certifiy animals as discussed at the last work session so that a dog could be approved for being off of a leash. You will also find attached the present ordinance as it deals with physical control of an animal. It is my recommendation that the Town Council choose between these two alternatives. If in the future an appropriate organization to provide certification is available, the leash requiremenY could be revisited at that time. 2 ( RTM/aw Attachments . ' ANIMALS 6.04.170 License and tag-Possession and attachment. Only the person who obtains a dog license and dog tag in . accordance with the provisions of this c}iapter shall possess or use the license or tag, and the person will attach the tag only to the collar or harness worn by the licensed dog. (Ord. 26(1973) § 10.) 6.04.180 Kennels. Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the provisions of this chapter while they are within the confines of the kennel premises. (Ord. 26(1973) § 11.) 6.04.190 Running at large. A. It is unlawful for the owner or keeper of a dog to permit his dog to run at large on any bikepath or public park located within the town or on any area located within the town and described in exhibit A as attached to and made a part of the ordinance codified in this section and'which can be found on file in the office of the town clerk. B. A dog shal( be deemed running at large as prohibited by subsection A when it is off or away from the property or premises of its owner or keeper and is not on a(eash of not more than seven feet in length that is held by a responsible person. (Ord. 17(1986) § 2: Ord. 27(198 I)§ I.) . . 6.04.195 Nuisance-Owner responsibility. No dog shall be allowed to cause a nuisance. The owner of - e~ery dog shall be held responsible should his do- cause a nuisance. (Ord. 17(1986)§ 3.) i~aii 1 1_23_86) 98 DOG REGULATIONS 6.04.200 Itunning at large-Elsewhere. A. It is unlawful for the owner or keeper of a dog to permit his dog to run at large within the town. This section applies to all areas of the town other than as specified in Section 6.04.190. B. Running at large, as used in this section shall be deemed to mean that the dog is not accompanied by, within the sight of, , and under the reasonable control of its owner, keeper or other responsible person. C. A dog shall be deemed not under control when it inflicts injury or damage to the person or property of any person other than the dog's owner except in the defense of the owner, or the owner's family or property. (Ord. 27(1981) § 2; Ord. 21(1977) § 16 (part).) 6.04.201 Tethering prohibited. It is unlawful for the owner or keeper of a dog to tether or tie the dog to any object on public property or way and to leave the dog unattended on the tether or tie. (Ord. 8(1978) § 2.) 6.04.202 Ytunning in packs. • A. It is unlawful for the owner or keeper of a dog to per.mit his dog to run at large in packs of three or more dogs, an_ywhere within the town. B. Running at large as used in this section shall be deemed to mean the dog is not accompanied by, within the sight of and under the reasonable control of its owner, keeper or other reasonable person. (Ord. 20(1982) § 1.) 6.04.203 Athletic fields and golf courses-Dogs prohibited. It is unlawful for the owner or keeper of a dog to a(low his dog to be on or within one hundred feet of any athletic field or golf course within the town while any athletic event or activity is in progress, except that a dog may be within one hundred feet of an athletic field or golf course while any athletic event or activity is in progress, if the dog is on a public road or right-of-way. (Ord. 17(1986) § 4.) 99 (v:,ii 12-23_X6) m. « ORDINAIVCE N0. 5 SERIES OF 9995 AN ANIMAL CONTR0L AND CARRiAGE OPERATBONS OF3DINAIVCE 1A/HEREAS, to preserve the heal4h and welfare of the community it is incumbent upon the Vail Town Council 4o adopt a comprehensive animal control ordinance; and VVHEREAS, it is necessary to incorporate into i4s fViunicipal Code restrictions and regulations concerning the permitting and operation of horse carriages within 4he Town of Vail. IVOUV THEREFORE, be it ordained by 4he Vail Tovun Council tha4: Section 1. Chapter 6.04, Dog Regulations is hereby repealed. Section 2. I. ANIIViAL CONTROL. 1. INTENT. It is the intent of the Vail Town Council in adopting these pet animal control and licensing regulations to declare tha4 a pet animal owner must assume full responsibility and strict liability for the action of any pet animal owned, kept, controlled, or in the custody of the pet animal owner. 2. DEFIiVITIOfVS. As used in this Ordinance, the following terms shall have the following meanings: "ABANDOiV" means to fail to provide any necessary care for a pet animal for any period ofi 24 hours or longer. Such care shall include; bufi not be limited to; food, water, protection from the weather, socialization, and removal of waste from the animal's enclosure. For the purposes of this Ordinance, any pet animal is presumed to be abandoned if, after the posting of a written notice describing deficiencies in the animal care or the personal service of such notice, the deficiencies are not corrected by any person other than an animal confrol officer during the 24 hour period immediately following such posting or service. "AiVIfViAL" means any living dumb creature. "AIVIMAL CONTROL OFFICER" means any person empowered by Tovvn of Vail to enforce 4he provisions of this Ordinance, Town of Vail Police Department personnel, and peace officers as defined in 98-1-901, C.R.S. "ANIMAL SHELTER" means any and all facilities and premises authorized by Eagle County to care for pet animafs impounded pursuant 4o the provisions oT this Ordinance. Such facilities and premises shall also be considered public animal 1 Ordinance No. 5, Serias of 1995 , ~ shelters for the purpose of impounding dangerous dogs pursuant to the provisions of 18-9-204.5, C.R.S. "ATTACK" means aggressive behavior resulting in bodily injury, serious bodily injury, or death to a person or another animal. "BITE" means the piercing, laceration, or breaking of the skin by the teeih or jaws of any animal. "BODILY INJURY" means any physical injury that results in severe bruising, muscle tears, skin lacerations requiring professional medical treafinent, or fracture of any bone or injury that requires corrective or cosmetic surgery. "CAT" means any animal of the species Felis cattus or any hybrid thereof. "CONTROL" means supervision of, or influence over, any pet animal sufficient to prevent such pet animal from being in violation of any of the provisions of this Ordinance. "Control" may be by other than physical means if it can be demonstrated to be real and immediate at the time in question. For tne purposes of this resolution, failure to control shall include the criminally negligent leaving of an animal in circumstances that result in neglect, mistreatment, or abandonment of the animal. "DANGEROUS ANIMAL" means any animal that has inflicted bodily ar serious bodily injury upon or has caused the death of a person or animal. "DOG" means any canine animal, including those related to the wolf, rox, coyote, or jackal. "FERRET" means any animal of the species Mustala Putorius or any hybrid thereof. "HABITUAL OFFENDER" means any animal owner who has pled guilty to, or been found guilty of, violating any provision of this Ordinance three times within any eighteen month period. For the purposes of this Ordinance, any disposition of charges involving probation or deferred judgment and sentencing shall be considered to be convictions. "HUMANE TRAP" means live traps which do not cause bodily harm to ihe animal intended to be captured or bodily harm to any animal or person coming in contact with such trap. "MISTREATMENT" means every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering. 2 Ordinance No. 5, Series of 1995 "NEGLECT" means failure to provide food, water, protection from the weather, opportunity for exercise, socialization, or other care consis4en4 with the needs of the species ofi the animal in questions. "PET ANIMAL" means any animal so defined in Part 1 of ,4rticle 15 of Title 30, C.R.S. "PET AiVIMAL FACILITY" means any facility licensed as such pursuant to the rl= . provisions of Part 1 of Article 80 of Title 35, C.R.S. "PET ANIMAL OWfVER" means any person, firm, corporation, or organization possessing, keeping, having financial or property interes4 in, or having control or custody of any pet animal. "PHYSICAL COfVTROL" means control of an animal by means of a tether attached to the animal, and held by a responsible person; or, confinement within a locked vehicle or locked enclosure sufficient to prevent the animal from escaping. "POISORI" means a substance that has an inherent tendency to destroy life or impair healfh. "POTENTIALLY DANGEROUS ANIMAL" means any animal that when unprovoked: 1. Infficts any laceration or bruising upon a human or another animal, or, 2. Chases or approaches a person on any property other than the owner's in a menacing fashion or apparent attitude of attack, 3• Is a venomous animal, or, 4• Is an animal possessing physical characteristics or demonstrated tendencies that would cause a reasonable person to concluce that the animal is likely to inflict injury or cause the death of any person or another animal. "PREMISES" means properry owned, leased, or expressly permitted to be used by an owner. "Premises" includes any confined area or locality such as a . residence, business, room, shop, building, or motor vehicle, including the open space bed o# a truck wrhen the animal's presence is authorized by the owner of such confined area or locality. "PROPER CONTROL OF A DANGEROUS AfVIfiNAL" means that, while on the owner's premises, a dangerous animal shall be confined indoors or in a securely enclosed and locked pen, structure, or motor vehicle suitable to prevent the en4ry 3 - ord'mance No. s, series of 1995 of young children and to prevent the animal from escaping. When off the premises of the animal owner, the animal shall be under the physical control and immediate supervision of the owner or other responsible person. "PROPER CONTROL OF A POTENTIALLY DANGEROUS ANIMAL" means that: 1. While on the owner's premises, a potentially dangerous animal shall be controlled by a chain, leash, or other confinement suitable to prevent the animal from leaving the owner's premises, or, . 2. While off the owner's premises, a potentially dangerous animal shall be under the physical control of the owner or other responsible person. "PROTECTIVE CUSTODY" means the taking of an animal into custody by an animal control officer to prevent the mistreatment, neglect, or abandonment of . . such animat; or, impoundment of an animal because of the owner's inabifity to care for the animal due to incarceration or transport to a medical treatment facility. "QUARANTINE" means the confinement of an animal for observation to detect symptoms of disease. "RABIES REGISTRATION" means the vaccination of an animal with an anti-rabies vaccine administered under the supervision of a licensed veterinarian, and the retention of a rabies registration certificate by the pet animal owner. "SERIOUS BODILY INJURY" means such injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures or burns of the second or third degree. "TETHERING" means the tying and leaving of a pet animal upon any property other than the owner's own property. "TRESPASS" means the entry of an animal upon any property other tnan that of the animal's owner. "VICIOUS ANIMAL" means any dangerous dog, potentially dangerous dog, dangerous animal, or potentially dangerous animal as defined in this Ordinance. 3. FAILURE TO PROVIDE PROOF OF RABIES VACCINATION AND REGISTRATION. It shall be unlawful to fail to provide proof of a current rabies vaccination and registration for any pet animal possessed in the Town of Vail if the United States Department of Agriculture has licensed a rabies vaccine for the specific animal in question. Such rabies 4 Ordinance No. 5, Series of 1995 registration shall begin when the animal reaches the age of three months, and shall be renewed to maintain effacy through the period of licensing. 4. DOG LICENSIIVG REQUIRED. It shall be unlawful for the owner of any dog over the age of three months to fail to obtain a valid Eagle County dog license after the dog has been kept in the town for any consecutive fourteen day period within any calendar year or immediately upon citation for any violation of 4his Ordinance. The owner shall ob4ain a dog license for each calendar year. Dog licenses shall expire on December 31 st of the year for which they are issued. Proof of current rabies registration with effacy extending through the license period and payment of the license fee shall be required before any license is issued. The license fees shall be set annually by the Town of Vail Towrn Manager. Dogs kept as part of the operation of a pet animal facility licensed by the United States Department of Agriculture or the Colorado Department of Agriculture pursuan4 to the provisions of Part 1 of Articte 80 of Title 35, C.R.S. shall be exempt from fhe licensing provisions of this Ordinance. Such dogs shall not be exempt from the rabies registration requirements of this Ordinance. 5. ATTACHMENT OF DOG LICENSE TAG TO COLLAR OR HARNESS. It shall be unlavvful to fail to attach a valid dog license tag to the collar or harness of the dog for which the license is issued. Such collar or harness shall be worn by the dog at all times wrhen the dog is off the premises of the owner. If any dog is unable to wear a collar or harness because of a medical reason certified by a veterinarian, or because the dog is worked in a capacity that makes the wearing of a collar or harness hazardous to the dog, the owner of the dog must have the dog tattooed with a tattoo approved by the Animal Control Department. 6. FAILURE TO CONTROL AN ANIMAL. It shall be unlawful and considered a failure to control an animal when: A. Any dog is off the premises of the owner without the presence of a person having physical control of the dog, or, B. Any animal is allowed to become a danger to any person or property, or, C. ,4ny animal trespasses on, or is tethered upon, any public or private property without the permission of a person owning, leasing, or othennrise controlling the property in question, or, D. Any dog reaches past the perimeter of the owner's premises with its teeth or claws, or, 5 Ordinance No. 5, Serias of 1995 E. Any animal is allowed to excrete body waste upon public or private property when the animal owner or other responsible person does not remove the waste in a timely manner, or, F. Any female dog or cat is not confined during estrus in a house, building, or secure enclosure constructed so that the female dog or cat cannot escape, and no male dog or cat may gain access to the enclosed animal, or, G. A dog is not under physical control while in the yard of any multiple occupancy building occupied by other persons; or in the common areas of apartments, or condominium developments, or, H. Any animal is not under physical control in areas posted as requiring any animal to be on a leash/tether by any agency of the federal government, the state of Colorado, or the Town of Vail, or, 1. Any animal is kept or left in circumstances which constitute neglect, mistreatment, or abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal owner, or, J. Protective custody of any animal is reasonably necessary. 7. INTERFERENCE WITH AN OWNER'S CONTROL OF AN ANIMAL. It shall be unlawful for any person to perform any act which interferes with, prevents, or hinders the efforts of an animal owner to control any of the owner's animals. 8. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER. It shall be unlawful for any person to interfere with, molest, hinder, prevent, or obstruct an animal control officer when such person can reasonably be expected to know that the officer is in the performance of duty pursuant to the provisions of this Ordinance. 9. CONTROL OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. A. The animal control officer or his/her designees shall have the authority to declare any animal as dangerous or potentially dangerous when the preponderance of evidence indicates the animal is dangerous or potentially dangerous as defined in this Ordinance. B. It shall be unlawful for the owner of any animal declared to be potentially dangerous to fail to exercise "proper control of a dangerous animal" as defined in this Ordinance. C. It is unlawful to possess any animal declared to be dangerous. 6 Ordinance No. 5, Series of 1995 D. Any animal owner sha{I have the opportunity to request an administrative hearing to show cause as to why fhe animal in question should not have been, ar should not continue to be, declared potentially dangerous or dangerous. The burden of proof shall be upon the animal owner to demonstrate beyond a reasonable doubt that the behavior of the animal in question at the time in question did not support the declaration of dangerous or potentially dangerous as those terms are defined in this Ordinance. The animal control officer or his/her designee shall preside at such hearings. Such hearings shall be requested in writing by mailing the request to: Animal Control Officer, 75 S. Frontage Road, Vail, Colorado 81657. E. Affirmative defenses. An affirmative defense to the declaration of a potentially dangerous or dangerous animal shall be that: (1) The other animal was trespassing upon the premises of the animal owner, and the attack began, but did not necessarily end, upon such premises; (2) UVas biting or otherwise threatening or attacking the animal owner or the animal owner's animal; (3) The person attacked was committing or attempting to commit a criminal offense, other than a petty offense, against the animal's owrner, and the attack did not occur upon the animal owner's premises; (4) The person attacked was committing a criminal offense, other than a petty offense, .against a person on the owner's premises or against the premises itself and the attack began, but did not necessarily end, upon such premises, or, (5) The person tormented, provoked, abused, or inflicted injury upon the animal. F. VVhen probable cause exists to indicate that an animal is potentially dangerous and/or dangerous and is not under proper control, any animal control o#ficer may use any available means to ensure that the animal does 7 Ordinance No. 5, Series of 1995 not endanger any person. Such means shall include the destruction of the animal, if necessary. G. Any animal that is declared as dangerous shall be taken into custody by the Eagle County Animal Control Department. The animal will remain impounded at the Eagle County Animal Shelter and the owner shall be required to post a bond to cover the anticipated expenses and costs of such impoundment. If the owner fails to post such bond the animal shall be destroyed. 10. DUTY TO REPORT ANIMAL BITES AND INJURY CAUSED BY ANIMALS. It shall be unlawful for any person to fail to report any known information regarding an animal bite or injury caused by an animal to the Vail Animal Control Officer. The report of the incident shall be made within 24 hours after such information is received, and shall include the name, address, and telephone number of the person making the report. The report may be made by telephone to the animal control office on voice mail. 11. DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR QUARANTINE. It shall be unlawfut for any animal owner to fail to make available for inspection or quarantine any animal when probable cause exists to believe that the animal has bitten any person. If a quarantine period is necessary, the place of quarantine shall be at the discretion of the Eagle County Animal Control Department. Any costs incurred as results of a quarantine period shalf be the sole responsibility of the animal owner. 12. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION CONTRACT. A. It shall be unlawful to possess any unsterilized dog or cat when such dog or cat is required to be sterilized under the terms of any applicable sales or adoption contract, regardless of where the contract originated, and, B. It shall be unlawful to fail to comply with any of the terms of an adoption or fostering contract when the animal is obtained from the Eagle County Animal Shelter pursuant to such contract. 13. UNLAWFUL RELEASE OF AN ANIMAL. It shall be untawful to remove any animal from the custody of Eagle County Animal Control, Vail Animal Control or Vail P.D. without the consent of an animal control officer or police officer. "Custody" as used in this section shall be confinement of an animal at the animal shelter or in any county vehicle. 8 Ordinance No. 5, Series of 1995 a - 0 14. IMPOUiVDiVIENT OF AiVIMALS. An animal control officer may impound any animal that is not under control under the provisions of this Ordinance, or is no4 in conformity with any of the provisions of this Ordinance. An animal control officer may impound any potentially dangerous or dangerous animal that is not under proper restraint. Upon establishing probable cause to believe that an animal is dangerous or potentially dangerous, an animal control officer may perform such impoundment prior to notifying the owner, if such owner is not immediately present to exercise proper control of such animal. As soon as practical after the impoundment of any animal, an animal control officer shall make a reasonable effort to notify the ovvner of 4he animal of the animal's location by telephone, posting of a notice at the owner's residence, or by vuritten notice mailed to the owrner's known address, if the identity of the animal owner is 6cnowrn. If needed 4o establish the identity of the animal owner, information contained on any identification, rabies, or license tag found attached to the animal shall be used. - 15. DISPOSITION OF IMPOUNDED ANIMALS. Any animal impounded pursuant to the provisions of this Ordinance, shall become the property of the Eagle County Animal Control after 5 days of impoundment. Each partial day of impoundment shall count as one day. Eagle County Animal Control may humanely euthanize any animal at any time prior to the expiration of the 5 day impoundment period if the animal is extremely injured or ill, or if the animal poses a risk to the health of any person. The owner of any impounded animal shall be held responsible for all the costs of impoundment and boarding and such costs shall be fully paid prior to the release of the animal. 16. FAILURE TO REDEEM OR PAY FIfVES OR FEES OR COMPLY WITH RELEASE ORDERS AND STIPULATIOiVS. It shall be unlawrful for any animal owner to fail to make arrangements for the redemption or surrender of any animal impounded pursuant to the provisions of this Ordinance, or to fail to pay any fees associated with the redemption or surrender of such animal. 17. THREATEfVIfVG OF WILDLIFE OR LIVESTOCK. It shall be unlawful to fail to ~onirui driy driirnai so as io prevent such animal from running after, chasing, pursuing, bi4ing, worrying, attacking, or threatening wildlife or livestock. ,4ny animal threatening wildlife or livestock may be immediately destroyed at the discretion of any animal control officer. A violation of this section shall require a manda4ory court appearance by the animal owner. Upon conviction of any 9 Ordinance No. 5, Series oi 1995 . violation of this section, the animal owner shall be required by the court to pay restitution for any livestock or wildlife injured or kitled by the owner's animal or animals. 18. POISONING ANIMALS. No person shall poison or distribute poison in any manner with the intent to poison any animal. It is a specific defense to a charge of violating this subsection that the person intended to poison mice, rats, or rodents other than hamsters, guinea pigs, and squirrels by the use of poisonous substance approved for such use by the United States Environmental Protection Agency or that the person was regularly engaged in the business of fumigation or pest extermination and was so licensed by the State of Colorado. 19. TRAPPING. A. When deemed necessary by the animal control officer for the health, safety and welfare of the residents of the Town, such officers and/or their agents may place or authorize the placement of a humane trap on any property in the Town when the resident, property owner or properry manager requests such a trap for the purpose of capturing any wild or pet animal creating a nuisance in the Town. It shall be unlawful for any person legally responsible for the placement of a trap to fail to monitor any trap set by such person for the presence of an animal at least once every twelve (12) hours. B. It shall be unlawful for any person to set or cause to be set within the Town limits, any steel jaw leghold trap, lethal snare, fully body grip trap or any trap for the purpose of capturing or killing any animal. This subsection does not appty to public officials in the exercise of their duties nor to licensed, recognized trapping companies utilizing such traps in cases of disease outbreak. In-such cases the express permission of the owner of the land must be given. Nothing in this subsection shall be deemed to prohibit the use of snap type traps for mice or rats. 20. NUISANCE BARKING. A. It is unlawful for any dog owner to fail to prevent his dog from disturbing the peace of any other person by loud, habitual, and persistent barking, howling, yelping, or whining, whether the dog is on or off the dog owner's property. 10 Ordinance No. 5, Series of 1995 a B. It is unfav+rful to possess any dog 4hat disturbs the peace of any person as described in this section after the dog owner has received a wrritten warning as provided by this section. C. No person shall be charged with a violation o# this section unless a written warning has been given at least seventy-4wo hours prior. The name and address of the complainant shall appear on the written warning. 21. HABITUAL OFFENDER. It shall be unlawful for any person to become a habitual offender as defined in this Ordinance, and any person so charged may be charged in addition to any other charges brought pursuant to the provisions of this Ordinance and offending animals ordered removed from 4he Towrn of Vail and/or other such remedies as imposed by the Court. 22. ENFORCEMEfVT. Animal control officers as defined in this Ordinance have the authority 4o issue a summons and complaint or penalty assessment to any alleged violator of this Ordinance. The penalty assessment shall be as set by the Municipal Judge for the Town of Vail. 23. PEfVALTIES. The following schedufe shall apply to offenses charged pursuant to the penalty assessment procedure: A. For all violations not invo{ving a dangerous or potentialfy dangerous animal: First offense: $ 40.00 Second offense: $100.00 Subsequent offenses: $150.00 B. For all violations involving a potentially dangerous animal violations: First offense: $ 75.00 Second offense: $150.00 Subsequent offenses: Mandatory court appearance C. For all violations involving a dangerous dog at large, a habitual offender charge, poisoning, trapping, failing to redeem animal or failure io pay fine or fees, or threatening of wildlife or livestock: P?ny offense: Mandatory court appearance Mandatory fine upon conviction of $300.00 plus all associated costs and restiiufion The above-stated fines are minimum penalties and all violations are subject to the general fine provisions of up to $1,000.00 fine and/or up to 180 days in jail. 24. POUVER OF MUiVICIPAL COURT. In addition to any penalties which may be proviaed for in _this title for violation of any provisions of this section, the Municipal Judge shall have the authority, upon making a finding that the dog constitutes a nuisance or that the dog constitutes a real and present danger to the citizens of the Town, to order that the dog be destroyed in a humane fashion. 11 Ordinanca No. 5, Series of 1995 , . II. CARRIAGE OPERATIONS. 1. PERMIT ISSUANCE. A. The owners of horse drawn carriages and their employees, agents, or subcontractors shall use and occupy the public right of way in a safe and carefui manner. B. The signature of the applicant or an authorized representative on a permit shall indicate that all conditions of the application and permit have been agreed upon and have been met, and the applicant may undertake the activity specifically permitted. 2. TESTING. Each applicant and operator shall be tested by the Town of Vail or its representative to determine the applicant's ability to operate a horse drawn carriage. The applicant shall be responsible for the competency of all of his operators, carriages, and horses. In addition, thereto, the Town reserves the right to require testing, observation of performance of any operator, carriage, or horse at any time. Testing shall include, but is not limited to the following areas: A. General mechanical condition of carriage and harness. (1) Carriage shall be in good condition with all wheels in good order and running free. Shafts, fifth wheels and running gear shall be inspected for condition. (2) Harnesses shall be inspected for condition of worn leather, buckles, proper fit, and adjustment on the horse. B. Driver testing for ability to harness horse and hitch to carriage, in a safe and competent manner. (1) Driver shall demonstrate the ability to harness the horse and make necessary adjustments for a proper fit. (2) Driver shall hitch horse to carriage and make adjustments for proper fit. C. Testing of driver and horse under stress conditions for safe and prudent operation. (1) Driver shall maneuver through cone patterns showing ability of himself/herself to perform "figure eight", turns right and left, backing and maintaining a prolonged stop. 12 Ordinance No. 5, Series of 1995 0 a (2) Driver shall drive the above described patterns again wrhile undergoing stress testing. The stress testing may include but is not limited to the followring: a. Banners b. Balloons c. Rattfing tin d. Black plastic e. Firecrackers f. Umbrellas g. Various noise makers h. Sirens i. Fuses j. Rolling innertubes 3. HOURS OF OPERATIOIV. Horse drawn carriages are permitted to operate at any time seven days a week except (a) between the hours of 2 P.M. to 5 P.M. on Bridge Street, or (b) in the Village Core or Lionshead Village areas on those days or those times as deemed by the Town Manager when such operation would constitute a hazard to the public safety; e.g. 4th of July, New Years Eve, etc. and with consideration of extreme weather conditions. 4. APPROVED ROUTES. Horse drawn carriages may operate on any street within the Town of Vail with the following exceptions: A. on any "gated" area commonly found on Town of Vail bus routes or bus stops B. on any area commonly referred to as a"frontage road" C. on any portion of I-70 D. on any recreation path E. the use of the east side gate on VVest Meadow Drive and the walking path which exists befiween VVest Meadow Drive and East Lionshead Circle, running between the Dobson Ice Arena and the Evergreen Lodge will not 4e inciudea in the restricted areas. " 5. LAVUS EfVFORCED. All state and municipal traffic laws are held to apply to the operation of any carriage within the Town. Any infraction of said laws can result in loss or suspension of certificate for operation for the subject driver or revocation of any Horse Drawn Carriage Agreement that has been entered in4o with the Town of Vail. 13 Ordinance No. 5, Series of 1995 : 6. CARRIAGES UNATTENDED. Carriages shall at no time be left unattended and drivers will remain with the carriage and in control at all times. Should it be necessary for the driver to leave the carriage unattended, the carriage shall be unoccupied and the horses shall be securely tied to designated fixed objects. 7. CONDITION OF CARRIAGES. All carriages used within the Town of Vail shall be well maintained, in neat appearance and hitched appropriately with safety and serviceable harnesses. Lights are to be of such luminance as to be readily visible at 500 ft., front and rear, with signals for turns and stops. A braking system independent of the horse(s) is to be installed and serviceable on any carriage operating within the Town. A sounding device, either horn or bell, is to be available on each carriage. The horse(s) should be familiar with said device and demonstrate no adverse reaction to such device when used. 8. REQUIRED EQUIPMENT. A. buckles (no snaps) on harness ends B. throat latch C. blinders D. nose band . E. Brichen F. buckle safes or keepers behind all buckles G. whip H. round collar or breast collar style harness I, kickstrap J. diapers K. sharp knife L. harness bells 9. NUMBER OF HORSE DRAWN CARRIAGES. It is the judgement of the Town Council that in order to enable the Town bus system to function properly and to protect pedestrians within the Town that controlling the number of horse drawn carriages operating within the Town of Vail is within the public interest. To this end, the maximum number of horse drawn cdf?idyes io oe operated reguiariy on tne streets of Vail is a total of four (4) to be allocated to all approved companies. The Town Manager has the authority to specify the locations of operation of the horse drawn carriages. The maximum and minimum number of horse drawn carriages operated by any approved Company shall at all times be within the limits determined by the Town Council and Town Manager applying the principles of a public convenience and necessity. 14 Ordinance No. 5, Series of 1995 a - 6 10. PENALTIES. The following schedule shaii apply to offenses charged pursuant to the penalty assessment procedure for a{I offenses involving a carriage operation violation: Firsf offense: $ 75.00 Second offense: $150.00 Subsequent offenses: Mandatory court appearance The above-stated fines are minimum penalties and all violations are subject to the general fine provisions of up to $1,000.00 fine and/or up to 180 days in jail. There shall be a mandatory revocation of a carriage operation's permit upon a third violation of this Ordinance within an eighteen (18) month period of time. Section 3. SEVERAB{LITY. 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 4. The Towrn Council hereby finds, determines, and declares that this Ordinance is necessary and proper for the health, safety, and welfare of the Tovun 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. . . . . _ _ . . . v - r,,... 15 _ Ordinance No. 5, Series o' ' 995 , a INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1995, and a public hearing shall be held on this Ordinance on the day of , 1995, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Ostertoss, Mayor . ATTEST: Holly L. McCutcheon, Town Clerk - READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD95.5 16 Ordinance No. 5, Series of 1995 Y ~ Q O.RDINANFAE NOe 9 Series of 1995 AN ORDINABVCE REZONING A PAFiCEL OF PROPERTY LEGALLY DESCRABED AS TRACT C, !/AIL VILLAGE FIRST EFILBNC FROIIA GENERAL. USE D9STRICT TO PFiIMARY/SEC0NDARV RESIDENTIAL DISl'RICT; A1VD AMENDIIVG 'D"HE OFFICIAL ZON9NC, MAP 8N fiELATlO1V TO THE REZOIVBfVG OF Se46D PROPERTYe 1IVHEREAS, the property to be rezoned is located within the municipal limits of the Town of Vail; and VVHEREAS, the Planning and Environmental Commission has considered the appropriate rezoning for the property and has unanimously recommended that the Town Council rezone the parcel from General Use District to Primary/Secondary Residential District; and 1IVHEREAS, the Town Council considers it in the public interest to rezone said property. iVOV1/, THEREFORE, BE IT ORDAIIVED BY THE TOVIIN COUNCIL OF THE TOVVIV OF VAIL, COLORADO, AS FOLL0IIVS: Section 1. The Town Council finds that the procedures for the provision of rezoning property in the Town of Vail have ben fulfilled, and the Town Council hereby received the report of recommendation from the Planning and Environmental Commission recommending the rezoning of said property. Section 2. Pursuant to Section 18.66.100 - 18.66.180 of the Vail Municipal Code, the parcel of property legally described as Tract C, Vail Village First Filing is zoned as General Use District. Section . As provided in the ordinances of the Town of Vail, the zoning administrator is hereby directed to modify and amend the official zoning map to include the zoning specified in Section 2 above. • . y ~ Section 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 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, A 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 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 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. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 18th day of April, 1995. A public hearing shall be held hereon on the 2nd day of May 1995, at the regular meeting of the Town Council of ~ the T'own of Vail, Colorado, in the Municipal Building of the Town. Niargaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AiVD APPROVED OIV SECOfVD READIiVG AfVD ORDERED PUBLISHED by title only this 2nd day of May, 1995. Margaret A. Osterfoss, Mayor ATTEST: Fiolly McCutcheon, Town Clerk ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 10, 1995 SUBJECT: A request to rezone Tract C, Vail Village First Filing/967 Vail Valley Drive from the General Use Zone District (GUD) to the Primary/Secondary Residential Zone District (P/S). Applicants: Vail Valley Consolidated Water District, represented by Pat Dauphinais . Planner: Jim Curnutte 1. VNTR0D93CT10tiU AND BAC9CGROl9ND The Vail Valley Consolidated Water District has requested a zone change for the Gore Creek Water Treatment Plant property located at 967 Vail Valley Drive/Tract C, Vail Village 7th Filing. The properry is currently zoned General Use District (GUD). The water district would like to change the zoning designation of this property to Primary/Secondary Residential (PS). Since the water treatment plant has stood vacant for the last 10 years, and the water district has no need to resume its operation, they have determined that this property is surplus to their needs and intends to dispose of it at its fair market value. 16. BACKGROUND The Gore Creek Water Treatment Plant came on line in the early 1970's as a surface vuater treatment plant for the Town of Vail. The well water intake for the plant is located in Gore Creek, directly north of the plant. During its peak production period, the ptant produced approximately 0.75 million gaflons of treated water per day. Operation of the Gore Creek Water Treatment Plant discontinued in December of 1985, with the addition of the Vail Golf Course wells.. Since that time, all pumps, lubricants, and chemicals have tieen removed from the.property and the plant has stood vacate. On February 27, 1995, the water district received Planning and Environmental Commission (PEC) review and approval of their request to change the Vail Land Use Plan designation of this property from Park to Lowr Density Residential. In reaching their recommendation for approval of the Land Use Plan change, the PEC considered and discussed the appropriateness of using the property as a park, the appropriateness of the proposed residential use of the property, the removal of all abandoned uvater related equipment on and off of the property, the dedication of golf course cart path and road easements on the property, and where the proceeds from the sale of the property uvould be invested. On March 7, 1995 the Vail Tovun Council approved Resolution No. 5, Series of 1995 which authorized the change to the Vail Land Use Plan from Park to Lovu Density Residential. Resolution fVo. 5 contained five conditions which must be addressed by the applicant prior to the transfer of ouvnership of the property. ~ ~ , III. ZONING AtdALYSIS The following chart shows the relationship between the development standards of the existing General Use zoning on the property and the Primary/Secondary Residential Zone District being requested. Development Existing General Proposed Primary/Secondary Standards Use Zone District Zone District Lot Size: 0.45 acres or Same 19,602 sq. ft. Dwelling Units: Type III and IV EHU's; Number per Two dwelling units in a . lot to be determined by the PEC. Primary/Secondary structure and a Type I I EHU. Allowed Uses: Examples include: public and private Single Family or Primary/Secondary; schools, public theaters, churches, and a Type II EHU. hospitals, public recreation facilities, etc. GRFA: To be determined by the PEC. 5,060 sq. ft., (includes two 425 sq. ft. credits) Setbacks: To be determined by the PEC. 20 feet froM, 15 feet side and rear Site Coverage: To be determined by the PEC. 3,920 sq. ft., or 200% Landscaping: To be determined by the PEC. 11,761 sq.ft., or 60% required Building Height: To be determined by the PEC. 33 feet for a sloping roof. Lot Area and Site Dimensions: To be determined by the PEC. 15,000 sq. ft. of buildable area, 30 feet of minimum frontage, and must be capable of enclosing a square area (80 feet on. each side) within its boundaries. IV. CRrTERIA AND FIPIDINGS The following criteria and findings shall be used in the evaluation of the zone change request: A. Suitability of the proposed zoning. As stated in the zoning code, the General Use Zone District "is intended to insure that public buildings and grounds and certain quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and in the case of buildings and other structures, to insure adequate light, air, open space and other amenities appropriate to the permitted types of uses." The purpose statement contained in the Primary/Secondary Residential Zone District states that this district "is intended to provide sites for single family residential uses or two family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may 2 a ~ ~ appropriately be located in the same district. The two family Primary/Secondary Residential Zone District is intended to insure adequate light, air, privacy and open space for each dwelling unit, commensurate with single family and tvvo family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards." The PEC and Town Council's recent approval of the uvater districYs request to change the Land Use Plan designation of the property from Park to Low Density Residential would support the applicanYs contention that the existing General Use zoning on the property is no longer suitable. The proposed Primary/Secondary ' zoning is consistent with the current Land Use Plan designation of the property. Additionally, Tract C meets, and exceeds the minimum lot area and site dimension . requirements necessary for primary/secondary zoned properties. As required.in Section 18.13.050 of the Vail Municipal Code, the minimum site area shall be 15,000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet. Each site must also be of a size and shape capable of enclosing a square area, 80 feet on each side, vuithin its boundaries. B. Is the amendmenq proposal presenting a convenieeat; workable rela4ionship among sand aases consistent with municipal objectives? The staff feels that the ptoposed Primary/Secondary zoning designation would be. consistent with adjacent land uses. The proposed use of Tract C, for either a single family residence or a primary/secondary building, will be compatible with the character of the neighborhood in terms of density, scale, mass and bulk, and general site planning. C. Does the rezoning proposal provide for the growth of an orderly and vBabOe community? Staff believes that the proposed rezoning would provide for the growth of an orderly and viable community. The applicant has indicated that the proceeds from the sale of this property will be dedicated to the water districYs future capital . improvements wi hin the Vail Valley. Specifically, the applicant believes that all or most of the money will be used for the construction of a new one million gallon water tank in the East Vail area. The new tank will not only improve fire flows in the East Vail area but will also provide a reservoir of water for other emergency situations, which require the expenditure of large amounts of water. D. Bs the proposed rezoning consisten4 with the Vail Land Use Plan? Staff believes that the proposed rezoning is consistent with the Land Use Plan. As mentioned in the background section of this memorandum, the Land Use Plan uvas recently amended to change the plan designation of this property from Park to Low Density Residential. Primary/Secondary residential development is considered to be an appropriate use within the Lovu Density Residential designation. The PEC, during the hearing on the Land Use Plan change, felt that this tract is of a size and shape capable of accommodating a single family, duptex 3 ~ ~ , or primary/secondary structure and that the property appears to be the logical western terminus of the adjacent Primary/Secondary zoned residential neighborhood. Additionally, the proposed rezoning would appear to carry out the following goal statements contained in the Vail Land Use Plan: 1.12 Vail should accommodate most of the additional growth in existing developed areas (infl. areas). 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. V. STAFF RECOMMENDATION Staff recommends approval of the requested rezoning of Tract C, Vail Village 7th Filing from the General Use Zone District to the Primary/Secondary Residential Zone District. Staff believes that the proposal meets the zone change criteria, as addressed in Section IV of this memorandum, and that the Primary/ Secondary Residential Zone District designation is the more appropriate zone district for the uses which are anticipated for the property. f:\everyone\pecUnemos\wcwd.410 4 TOVIIN OF VAIL BOUNDARY , R: o-rt PEaa PIAT - SDD 17 VAIL VALLEY D6al a $6::::. / INTERSTATE 70 .~~.c~..~...i~...ii.~ii~..~.i~~.... •~i~ / •~~~~~~••••~~~•~•~i::i:i::iii::iii::i • ,,,,,,,,,,,,,,,,,,,,,,,,,.,.,.,.,,7i~'l;g,,,,..,,,,,,,~ , ~ •„~y,,,, „ , ~ , . . . . ii..ii.iiiiii..ii.iii. . Wv~(~ ~ ' 4 0 o Q y 4 •.Y.c..i.r ii.i..i........ -8~ c Q ~ 6 R a7 0s •i7s~11A7//iii~i/iiiii~/ ~ ~~~i~i~~ ~ V ~ / O iiiiiiiiiiii iiiiii • U f - ~ iiiiii / ~ i •/iiiiiii/~ o< fl - ~ ii~ii i I\\ ~~c Kv •iii! b Q-O -io b O d~(s o p U py~ O" o~ o ~ . °p y o090 ~ o~o o R s~~vEx f o000 ~~p 8 o Q q O~O iYO o a0o0 b ~ . 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A~., ~ ~ ~ . ~ ~ ' '~i. ~ ~ ell~ i~~' l : _ _ . i . . ~ W . . . ~ ~6~ i ~ ` i.'ir`~ ' r+~ ~i/ ~ :o ~ Top`1, C i ~ ; , ~ ~ ~ ~ - . r' \ ~'i r..• ~ ` /h/ ' I `.~0. ~ , / ~7 / . t~ ` : '-'`,r~~ \ ~ % /y ~ S \ . , I ~ / ' ; • LoT I • ;a ~ - \ / ~ V!.L! ry . ~ ~~:t ~ , i . . Gi.^,E ~-e,•.2•~r , , 21•27•29' t - 7.00 ~ N•2.SA0 . +~~.v.: r. ~ ~ ~ . / l~I0J.70 `~T t.t.O.Ji ~so~ R.O.K, T0?OG?A?H:C SU?.1TY 'G-74t.C4 • ~ ~Y 7=aCT C . ' Ce-S 0. Je'iJ [ •-''l %iLLAGE.. SEY_%TH FiIINC h`4 0F V;.iL eAC'-E cou*Nrr, coLoRAao..' - -.r,. . ~ . n J 7 PILANNING AND EIVVBRONME6VTAL COAAIIAISSION April 10, 1995 MINl.9TES MEMBERS PRESENT: MEMBERS ABSEIVT• STAFF PRESEiVT: Greg ,4msden Dalton Williams Mike Mollica Bob Armour Lauren VVaterton Henry Pratt Jim Curnutte Jeff Bouven George Ruther Kevin Deighan Lorelei Donaldson Greg Moffet Public Hearing 2:00 p.en. The meeting was called to order by Greg Amsden at 2:00 p.m. 1. A request for a conditional use to allow for a Type II Employee Housing Unit (EHU) to be located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing. Applicant: Ron Byrne Planner: Lauren VUaterton Greg Amsden stated that the applicant requested that this proposal be tabled to the next meeting. Jeff Bowen made a motion to table this proposal to the next meeting, subject to the length of the next PEC meeting agenda. This proposal may, at the PEC's discretion, be tabled to another meeting at a later date. Bob Armour seconded the motion. The vote to table this item was unanimously approved uvith a vote of 6-0. 2. A request for a rezoning from General Use District to Primary/Secondary Residential District to allow for the development of a primary/secondary residence located at 967 Vail Valley Drive/Tract C, Vail Village 7th Filing. Applicant: Pat Dauphinais for Vail Valley Consolidated VUater District Planner: Jim Curnutte - Jim Curnutte presented the request to the PEC. Jim stated that the staff has the chronological history of this property dating back to 1932. There is a letter in the permanent fites that shows that the Vail Valley Consolidated Water District (VVCWD) asked-the Town if they were interested in purchasing this property. At that time, the Town was not interested in this piece of property. The Vail Recreation District (VRD) can use the pumps located on the property, so VVCUND will give the pumps to the VRD. Staff feels that the applicant's proposal meets the criteria and findings stated in the memorandum and recommends approval of this request. Greg Amsden asked for public comment. Ann Repetti, a neighbor, stated that she was ok with this proposal to change the zoning to primary/secondary and that it would fit well with the surrounding neighborhood. She stressed Planning and Environmental Commission April 10, 1995 ' Minutes ~ r that this would be the most appropriate change to this property and should not be used for ~ anything else (i.e. no bus turn-around, no truck turn-around, no park, etc.). Bob Armour made a motion to approve the proposal request to rezone the property to Primary/Secondary as per the staff memorandum. Jeff Bowen seconded the motion. The request was unanimously approved with a vote of 6-0. 3. A request for a conditional use to allow for an outdoor dining deck.for the Daily Grind located at 288 Bridge StreeULot B, Block 5H, Vail Village 1 st Filing. Applicant: The Daily Grind Coffee House Planner: George Ruther George Ruther made a presentation to PEC. The applicant is requesting a conditional use to place an outdoor dining patio to the west and in front of the Daily Grind, in the plaza area. Because of liquor laws, there is a requirement to separate the pedestrian way from the outdoor dining area when alcohol is to be served in the outdoor dining area. The applicant need: , physically separate the pedestrian way from the outdoor dining area. The applicant proposes to place seven wood planters on the plaza site to separate the outdoor dining area from the pedestrian way. Staff reviewed the Town of Vail (TOV) Municipal Code, The Vail Village Comprehensive Plan, and the Vail Village Urban Design criteria. Staff has several concerns. The Vail Village Comprehensive Plan recommends placing outdoor dining areas when and where appropriate. George stated that staff believes there is a possible obstruction from the pedestrian area to access the Sunglass Hut. Also, staff doesn't like the placement of ihe temporary planter structures, and would like to have more permanent planters. The applicant is proposing to serve alcohol on the outdoor dining area. The outdoor dining deck may prohibit pedestrian access to the Sunglass Hut. Staff also has a concern about trash disposal for this area. Jim Hoza, the Public Works had placed a trash receptacle in the plaza area to help collect additional trash in this area. Since the applicant questioned why a TOV public trash receptacle is in this place and would like to see it removed. As of today, Jim Hoza was removing this trash receptacle. Staff believes that if this conditional use permit is approved that one of the conditions would be to place a trash receptacle on site. Another concern to staff is the type of materials to be used for the chairs and.tables. The tables and chairs are made of plastic. Staff feels that wrought iron or wood tables and chairs would be more appropriate for the Vail Village. . , Staff is recommending denial of this request. Kaye Ferry, the applicant, stated that they used the planter material that the staff suggested. She suggested that they could use a chain to separate the outdoor dining area from the . pedestrian way. She also stated that Curtin-Hill is using the same material for their tables and chairs as she is proposing and feels it is very confusing as to what is or is not acceptable and common around town. Greg Amsden asked if the Daily Grind has a lease for the space in front of the Sunglass Hut. Kaye Ferry stated that the lease includes the area from the Rucksack to the front of Max Alexander's (sunglass hut??) store. , Planning and Environmentel Commission April 10, 1995 . Minutes 2 a ORDIIVAINCE NO. 8 SERBES OF 1995 AIV ORDIIVAiVCE REPEALIfVG AND REENACTING ORDINANCE N0.7, SERIES OF 1993, TO PROVIDE CHANGES TO AREA A REQUIREMEiVTS FOR SDD fVO. 4 THAT COfVCERIV THE DEVELOPMEIVT PLANS FOR THE UVESTHAVEIV CONDOIVIINIUMS (THE RUIiVS) DEVELOPnIIEfVT SITE; AfVD SETTING FORTH DETAILS IIV REGARD THERETO. VVHEREAS, Gerald Wuhrman has requested an amendment to the existing Special Development District No. 4, Area A; and VUHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 4; and 1IVFiEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 7, Series of 1993 to provide for such changes in Special Development District No. 4, Cascade Village. iVOUV, THEREFORE, BE IT ORDAIIVED BY THE TOVViV COUNCIL OF THE TOWiV OF VAIL, COLORADO, THAT: Ordinance No. 1, Series of 1993, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled. Planning Commission Report• The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. Section 3 Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted vuith amendments to read as follows: 18.46.010 Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail C(1?T1P1rPF10?1CI\/P PIa?1. CP,olinI I~P~iAln??mcni Ilictrin4 hln A lo nrCvw4orl 4n onniorn 064+ 41+~ rlninlnvT~n4 ~ •r • -r- . ,.r... .r......... . . . . . ..r... . density uvill be relatively louv and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District uvhich cannot be satisfied through the imposition of standard zoning districts on the area. ~ 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or pertorming arts theater or cultural center. - B. "Transient residential dwelling unit or restricted dwrelling uniY" shall be defined as a dvuelling unit located in a multi-family duvelling that is managed as a short term rental in which . all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA wrhich shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Chapter 17.26 Condominiums and Condominium Conversions. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.9 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Established A. Special Development District iVo. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District iVo. 4 and the 97.955 acres may be referred to as "SDD No. 4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: 2 0 Area Knouvn As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon Commercial Site D 1.800 . Dedicated Open Space 40.400 Roads 4.700 TOTAL 97.955 18.46.040 Development Plan--Required--Approvai Procedure A. Each development area with the exception of Development P?reas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The 1lVaterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103, 1-4. B. Amendments to SDD IVo. 4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northuvest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dvvelling; 5. Single Family dwelling; 6. Two-Family dwelling; 7. Transient residential dwelling unit; 3 0 8. Employee dwelling as defined in Section 18.46.220; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B. Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C. Glen Lyon Duplex Lots 1. Single family dwrelling; 2. Two-family dwelling. D. Area D. Glen Lyon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwrelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A. Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Niunicipal Code, "Section 18.04.135 shall be a conditional use for dwelling units in the V1lesthaven multi-family duvellings. Fractional fee ownership shall not be applied to restricted employee dvuelling units or transient residential dwelling units. Ouvnership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. , Area B. Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. 4 C. Area C. Glen Lyon Du le~ x Lots 1. Pubiic park and recreational facilities; 2. Ski lifts. D. Area D. Glen Lvon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253. 18.46.070 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance writh the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B. Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance writh the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the nnpratinn tharanf -r-----'--- C. Area C. Glen Lyon Duplex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, svuimming pools, tennis 5 courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D. Glen Lyon Commercial Site . 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 18.46.080 Location of Business ActivitX A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishmenYs own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density--Dwellinq Units The number of dwelling units shall not exceed the following: A. Area A. Cascade Villaae In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximurn of ninety-four dwrelling units as defined by the tables in Section 18.46.103 for a total density of twro hundred seventy (270) dwelling units. B. Area B. Coldstream Condominiums Sixtv-five (5-5) dwalling i initc C. Area C. Glen Lyon Duplex Lots One-hundred four (104) dwrelling units. D. Area D. Glen Lyon Commercial Site 4. Three dwelling units, tnro of vuhich shall be employee dwelling units as defined by the 6 table in Section 18.46.103F. 18.46.100 Densip/--Floor Area A. Area A. Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B. Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C. Glen Lyon Duplex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D. Glen Lyon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Gommercial Square Footage A. Area A. Cascade Village Area A shall not exceed 35,698 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D. Glen Lyon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase I, IA & II or 15,584 square feet of office for Phase I I I per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved develDpment plan. 18.46.103 Development Statistics for Area A. Cascade Villaae, and Area D. Glen Lyon Commercial Site 7 CHART 1: Area A Completed Projects Retail/ Square On-Site Cascade Structure AUs DUs GRFA Commercial Foot Parking Parking MILLRACE I 16 20,000 20 0.00 • . • . s.. e•~.. . a+•o,.. . , . • • . . d . ; ..''~"Ja . : • . ~ . • .x.. . ~ . . . o:•....r: . `3. . , . . . ~ x L~ . . . .ti~~.` : . . . . . : ~ . . . . MILLRACE II 14 17,534 25 0.00 ,:x.,.:;~,. :f:: • •e . :,.,.,•c!: + <::a:• • ' < : .~:xt.+~:~'a•c.~•t• AAILLRACE IV Units`"' 6 10,450 19 0.00 • . • • ~ : . . WESTIN 148 55,457 0.00 115 Alfredo's 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Spons 2,491 W& H Smith, Vaumot 900 . • . • . . . . . k : { ' • :ia2'~•--.it;~ ~ :4 . CMC BUILDING Cascade Wing B 15,870 0.00 16 Clancy's 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 •y »'rar ''x n• f ;i~Cw • ' :uC•: ~ x; •,c • :,i< >w x. • • .•:..Sx• .'G~:;" .~:•°:,•~*~d:.'~$:.:'wG: .;;:;aa;<~c.A.;/r~5,?ri' }'.2•,.;0.''.~t~'jl„+i,G :N•;Sr~.~'t.i:,ar,.w-~aµ3'w• ':?k^•. .,4k:.'• :<ri..'<.?<?; ? ;~w.• .vy vyC '~<".+~~'if :~:.:i'.`•.`•<:•:S•+~v:,•,,~},~'~..:i}Y:~;v,} :ifr: r.~+V.,~'.~S'.~i;%}:.:.' nf•.'tiY:}iTtw,~,'',Y~:'.•: :+.;'F,.=:4W'+'~'Y?i~A,N,O',.~",. .:i`.??~{Yf:.ti'~~ ::!i, . . . . . . . . . y::..... . . r.~ r . . . . TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 • . . : . . . • ,,:ri..; ~r~: _ . { ~ x . ~ ' .d~~dc : . {~}n~r~;'i,•:~'w:~~?i'~i l y..~^.."`~b^R''~r~w.'.`tt{iaa:~c{ :'.v3: ' v w . . . ;t:M.. . . . . . . pwr...w.. .'l . w.v, i,>.;ri}+x,.,,~,,`•n w mv,n,L;} •i.. . • ~ ~ . , + ' • . rr' :u». ...:•%3'a ~ ,rx . y . . n ~ti PLAZA 1 Rooms 20 7,205 0.00 16 Retail ' 1,099 0.00 4 . ' . ~,•:x < • .s . G •n PLAZA II Conference 0.00 35 Retail 0.00 3 •04925 CASCADE CLUB Retail 00 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 r.~~r,~, . ~ • a. r. . : . • . , r v ' ti• i•: v4 ' ~ ~t(~$~~ v.•... ' ~iG' :i~}tiy,• r.~~h'~ti,MF~~I i} i.t~'{.tiir\~ .•:'.Li•::: • v.ti,~v`, ~.i}:.:.,•• r ? :y,.vir'. :y,yrv;n•v. v.~. y m.y xx ; •.{4 ~';L+C TOTALS 288 AU 44 DU 184,585 19,173 72 426.7 "'For the purposes of caiculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space, per Section 13.46.210(c)(5)6) 8 I CHART 2: PROPOSED PROJECTS cegcaaa Square On-ske Shuctured 1. CORMERSTONE AU or TR DU GRFA Commercial Feet Parking Parking Units 64 TR 28,110 53 Employee Units' 3 1,800 11,100 3 Retail 11,100 37 TOTdLS 64 TR 28,110 11,100 93 .,:k.: • „ ~ ~ 2. WATERFORD Units 27 56 Employee Units 2 1,100 2 TOTdLS 27 47,500 58 sw .o:csw~ • a 'S}x~tw. . . ' . Y: . . . M1 : .:~rx : s. wresniAvew COPIDORAIWIUAAS Units 20 22,500 40 Employee Units (Max 70 6,400 20 TOTALS 20 22,500 60 • , V., • . • w,. . kfw',`.?t . ` a. :o:r . : . .a: • ,~;:~.a: . :ascc:~A~`,w..w~ : ~`t, . . . . .~~.~,~~~.~,'~.,'t.;;:. . ' .ia:a.. .;~"~,.~~,G,'....•a+k,.w{c;,~..;:,..':"~s.kc'•° ~'x;' .,.v.t::: .t't~t•. .o....:.`{o:~.'»:+:~::`.'9i;•+'i+, .x .k~:.ai.. .:,a,'n' 4. Mlllrece 111 Units 3 6,450 7 TOTALS 3 6,450 7 • . . . • x;. , .:...::x•:... . . . . ,~..,>.A: .o-'.• o:,'•,:.. . ,.ttx,':. • ..~',,c, • t<;x;^;:,.•..,.; ' ::;>i:•;,.;:.:;::,~2;:::t :.;5,:: '~•~:i:'tF~•::~%: L ;~.~.•y.M,ti . . ~N~. •,t, yr~.~, "`'~~w,iN::it;;,v+~~, ~q .i.•".•'+: y ,'OC;\~. . vJ6k.. . a;•. :i,~ {T~ v. :.v. , . ~ .::6ii:,>•;, >?:,S,.,yi;~:.~'hi~•'.i~{M:. },i?}}:.. :~+.Y~~:t-. {'v t if' .:.•:::n...~.........t.;..: :...n..n.....:.:: .n...;.; . : ~ ~ ~ : v: .vv x.. . . . : • . ~YI.~'~n' 5. Cascade Club Addkion 5cenario 1(Wellness Center) 4,500 22.5 or Scenario 2 (Gymnasium) 4,500 0 TOTALS Scenario 1 4,500 Scenario 2 4,500 22.5 . . . . . •s +'ck~::' •+c ~ . • . so,k;:.c..w .o ~ y„ • 6. Plaza Office" 925 7- .,4, • ; . . n. . . ..•.h. : o. h:•..••: . ,..p;:. ' ' ~...:y.•..?. .?w... •:.:h-...:.'. • '5.:.•hr . . . . . . . ' x . . . A . ? . v . . ....4.; . . . . . . : . . .n. TOTAL AAAXIWlUAAS•" 64 TR 50 104,560 16,526 4,600 218 23.2 'Employee Units shall not count toward density or GRFA for the purpose of this SDD •*Piaza space has already been counted for a retail parking requirement. The new parking requirement is based on ihe difference between the retail and office parking requirements. ""Total figures represent highest density and commercial space scenarios. 9 CHART 3: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 in Parking Spaces Cascade Parking Structure 426.7 Proposed Projects w/ req. parking in the Cascade Parking Structure: Scenario 1- VVellness Center 22.5 OR Scenario 2 - Gymnasium 0.0 Plaza Office .07 Subtotal 449.9 Less 17.5% Mixed-Use Credit -78.7 Total Required Parking at Build-Out of Area A in Cascade Structure 371.2 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A UVith 17.5% mixed-use credit 3712 10 , , Original' Parccl '15<GO 252,00 . . ; 25G,i37. • . , ' - ~ . e . e . . ltobbinS, Parcel ."1, 23 29. G 0 , 18, 752 • . . . t Cosgriii ParceS. • 04 r °1P_ 15.93?.. . . • • ' - o 27a955 • 200a40 291,l21 . . ro DrtyrL0PM7,:.!,T r• on cLr,tJ I,YOta coMMrnciAT, si°rc • ' SDD 14 , J1ILE71 D . . DLVL• LOPMGWT SQUR11r, 1'T00TI1GE AtJD PJ1IU(ING PrR TOWI4 OI' • VA:iL ILLQUI7tL• MILNTS • • ri.:Dnvnrix 2 G, i hDo p}-iASr, Ia _ P1-LASE I, Ia & II PIMSE I, Ia, II A11D III , 'DLVELOPMT:NT bZVELOPMENT DL• VEI,OPML• NT : . . , • SqoFto/?arking Sq,rt, Parking , sq,rto„•/ Pnrr.ing • o Glcai Lyon . . Cfftcc I31dgo • z . • ' {E'x:tdCing) 10,150 ~0 o G 10,150 40.G : ,10,15D 40.6 • ''?-L.1:>~ 'X71 . G1en Zyon , ; ° office Blago 400 IA 400 ioc i . . 400 1.6 + 0 PR 31SE I G9 en I.yon :31d~ o . i • • . J.~tice 0 • 2, 4 00 9. G . 21,1100 9 o G , . , • ":`;I7>4:0 ^ ~Y • r . 1 2i1Ct0-BrCWC'_'y . 0 3,-7 ao 15.1 , • 2,G34, 10e5 -Stecc~~ion/ . . • , : . • , museum 0 400 0.0 • 400 0;0 -7tetail 0 . 175 G ' 805 -300 °-Fcrmentation/ ' Dreuhousc 0 970 0.0 114 OG•' 0o0 ° -Dccr liall 0 11'l00 10 . 0* , 11700 18.0A -~r Pub p' (150 rcat:) (J,50 's eats ) •ew ~ 11300 10.0* 1,300 10,01k (DO ccatc) • (00-scatz) 9 7 --~.J -----_---._---~.--sm.~-~s~m~m~ms~a.m~me.mammm SUDTOT1~L 10,550 42e2 21,435 9G.3 21t 435 • 9~,~, . 7}U1SE TXI . ' . diYJ ' ~ • ~ • o t %3uSlding a < , -2 Emp'Loyee : > ` j • > , ° Units 0 0 p Dwelling '0 ! 1, 695 • I 4.0 e~ qe;:e Ut1it p ~ • : ~ . ° ~ . 0 0<0 9.,6 30 200 , ° °-Dffice . . . . 0 ' 0 ' 0o0 ~ 2p400 ° 906 ° o. < o m - _____m_- ma__ ~ ~~~m~e • SJr.TOTAY, o , 0 0 0 0 i. 31325 °:S o G e. e ~oz~AL coMMERCinL nND TTsxnElaTiAs., • i re ; ^ SOU]LRE FoQTM)r . • : 21 i i , • ' , • , . o s o . ,935 9Ge3 , -24,760 110,0 . . . • • , ; , , • . . a ° ° o '^USr,D HIG3iEST I'ATtY.Il•2G %jr, Q, POSSIDLE, DASL•D 011 ;SE)LTItJG • • • 1 ' . ° . 10 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwrathmey, Pratt, - Schultz. 4. Waterford, Sheet #22, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0164'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet#2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Guvathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwrathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92; Sections, Gwrathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cornerstone, Sheet #L-1, dated 11-13-92, Landscape Plan Dennis Anderson. 24. Cornerstone, Sheet #1, dated 12-21-92, Cascade Village Master Plan Gwathmey, Pratt, Schultz. 25. Cornerstone, Sheet #2, dated 12-29-92, Floor Plans Gwrathmey, Pratt, Schultz. 11 26. Cornerstone, Sheet #3, dated 12-29-92, Floor Plans, Gwathmey, Pratt, Schultz. Schultz. 27. Cornerstone, Sheet #4, dated 12-21-92, Elevations Gwathmey, Pratt, Schultz. 28. Cornerstone, Sheet #5, dated 11-13-92, Site Plan/Grading Plan, Gwathmey, Pratt, Schuitz. 29. Cascade Club Addition Site Plan, Roma, 10/10/88. 30. Cascade Club Floor Plan, Roma, 10/10/88. 31. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 32. Niillrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 33. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 34. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 35. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 36. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 37. Niillrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 38. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 39. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 40. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 41. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 42. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 43. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 44. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 45. The Ruins, site plan, Kathy Langenwalter, AIP?, 1/16/95. 46. The Ruins, basement and first floor plans, Kathy Langenwalter, AIA 1/16/95. 47. The Ruins, second and third floor plans, Kathy Langenwalter, AIA 1/16/95. 48. The Ruins, elevations and fourth floor plan, Kathy Langenuvalter, AIA 1/16/95. 49. The Ruins, elevations, Kathy Langenwalter, AIA, 1/16/95. 50. The Ruins, Survey, Duane Feheinger, 12/1/94. 51. The Ruins, Landscape Plan, Land Designs by Ellison, 2/2/95. k A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the VUaterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall revievu all such additions to ensure that they are required by such codes. Area D. Glen Lyon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorwrard, 2/22/90. 12 2. Landscape Plan for Area D, Geodesign by Sherry Dorvvard, 2/22/90. 3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90. 4. Vail Micro-brewery, Seracuse, Lawier, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2, dated 1/8/90 and sheet A2.4 dated 12/13/89. 5. Vail Brewery Roof Study, Frank Freyer, 1/8/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon Office Building, Pierce, Segerberg and Spaeh, dated 9/20/90. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and Spaeh, dated 8/19/91. 12. Office ,4ddition to Glen Lyon Office Building, Buff Arnold/IVed Gvuathmey Architects August 25, 1989 Sheets A1 through A4. 13. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 14. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as approved by Co. Div. of Hgwys. 15. A resubdivision of Lot 54 amended plat Glen Lyon Sub-division, Eagle Valley Surveying Inc. as approved by T.O.V. 16. Vail Brevuery Parking Analysis, TDA Colorado, Inc., August 10, 1988 and Vail Brewery Parking Analysis Update, TDA Colorado; Inc., January 16, 1990 pages 1- 8. 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Touvn Council. 18.46.120 Setbacks A. Area A. Cascade Villaae Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be tuvo feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B. Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. P?rea C. Glen Lyon Duplex Lots 13 Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Niunicipal Code. . D. Area D. Glen LXon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Hei ht A. For the purposes of SDD fVo. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless othervvise specified in approved development plan dravvings. B. Area A. Cascade Villaqe 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace VVing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. V1laterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the wrest elevation Vllesthaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. 1lVesthaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Du lex Lots The mauimum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Site Coveraae In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless othennrise indicated on the site specific development plans. In Area C, no more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 37% of the total site area shall be covered by buildings and the parking structure. 14 18.46.170 Landscapina At least the follouving percentages of ihe total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped unless otherwise indicated on the site specific development plans. 18.46.180 Parking and Loadina A. Area A. Cascade Villaae 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking • structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% of required parking shall be enclosed in a building. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, Section 18.52.20 has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the VVaterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. IVo mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and VNaterford shall be located on their respective sites. All required parking for the Cascade Club VUellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located uvithin the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C. Glen Lyon Du.plex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D. Glen Lyon Commercial Site 1. Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Breuv Pub shall not be open to the public until after 4:30 p.m. for Phase I and II Monday through Friday. VVhen Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on weekdays, Monday through Friday at anytime. 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both vuritten by Mr. David Leahy. 8. IVo loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. ' The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. 18.46.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development writhin SDD fVo. 4 under Chapter 3.20 shall be assessed at a rate not to exceed tv?renty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GFiFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and uvater conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in Section 8.28 of the Tovun of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at 16 the time of development. E. All water features vuithin Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. 1. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The hnro employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Approval Agreements for Special Development District IVo. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the emergency access road betwreen Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace tV, Westhaven Condominiums, VUaterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The boltard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, VVaterford buildings, or Cascade Club addition. 2. The developer shall construct a sideuvalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect vuith the recreational path to Donovan Park. The walk shall be constructed uvhen a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidevualk shall be constructed subsequent to the issuance of a building permit and 17 e prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer shall provide 100-year floodplain information for the area adjacent to the 1Alaterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A. 1-7, 18.46.200 A- F, I, J, 18.46.210 C, 1-3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit is requested for the Cornerstone, or Millrace III, or Millrace IV, Westhaven Condominiums, or Waterford buildings, or Cascade Club Addition. 5. Westhaven Drive The Towrn acknowledges that it has been paid the sum of $97,500.00 from other sources to be used by the Town for the repair and reconstruction of ? Westhaven Drive. The Town further acknowledges that the title of Westhaven Drive has been transferred to the Town. The date for the commencement of the repair and reconstruction of the right-of-way improvements shall be entirely at the discretion of the Town. Should the Town not require the entire amount of the $97,500.00 for the repair and the reconstruction of Westhaven Drive, the Town will fornrard any amount remaining after all construction related costs have been paid in full to the parties originally contributing the $97,500.00 who shall refund such amount pro-rata to the parties originally contributing the $97,500.00. 6. Millrace IV, Scenario I. a. The developer shall obtain an easement from the owrners of the property adjacent to the eastern boundary of the property commonly called the Cosgriff Parcel, uvhich is more specifically defined in Exhibit A, attached to this ordinance and incorporated herein by reference. The easements shall be sufficient to permit the construction, maintenance and replacement of retaining walls for the purposes of grading and boulder retention all along the western property line of said adjacent property. The easement shall be in a form acceptable to the Town Attorney, shall run with the land, and shall be recorded on the land records of Eagle County prior to Design Review Board review. b. The developer shall provide the Community Development Department of the Town with written consent from the Upper Eagle Valley 1/Vater and Sanitation District permitting the encroachment of certain decks specified in the development plan for the Millrace IV condominiums, as set forth in Section 18.46.140(18) of this ordinance into their sevuer easement recorded in Book 217, Page 428 of the land records of Eagle County. This consent shall be submitted prior to Design Review Board review. c. The developer shall receive final approval of the site grading plan for the construction of Millrace IV, Scenario I, from the Towrn Engineer prior to Design 18 - Review Board review. d. The Millrace Condominium Map, recorded at Book 326, page 257, of the land records of Eagle County shail be amended so that the access easement shown thereon shall align with the present location of the roadway on the western property line of the Cosgriff Parcel, and the amendment shall be recorded on the land records of Eagle County. e. The developer shall install 15 (6'-10') evergreens south of the South Frontage Road adjacent to the Cascade Club building, and 5(6'-10') evergreens to the south of the UVesthaven Apartment foundations and north of Westhaven Drive. The developer shall obtain the written approval of the Colorado Department of Highways (CDOH) permitting the installation of these trees along the South Frontage Road prior to said installation. If CDOH approval cannot be obtained, then a minimum of 10 (6-10') evergreens shall be installed adjacent to the Westhaven Apartments. f. The developer shall apply for and complete the minor subdivision process for the Cosgriff Parcel and a subdivision plat signed by the Tovun of Vail shall be recorded on the land records of Eagle County prior to the release of any building permits for the construction of any structure on the Cosgriff Parcel. g. Landscaping along the south and west property lines of the Cosgriff Parcel shall be reviewed by the Design Review Board to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and landscape plan further for compatibility with the.surrounding area. i. The developer and the adjacent property owners shall submit a landscape plan for the area north of the Cosgriff property to the Design Reviewr Board for revievv. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosgriff Parcel, no credits of any kind (overlapping stairs, mechanical, etc.), except for 300 sq. ft. to be allowed for each enclosed parking space, shall be given. 7. Cornerstone a. Before the building permit is released for the project, the developer shall permanently restrict three employee housing units in accordance with Section 18.46.220 of this ordinance. b. The landscape plan set forth in the development plan for Cornerstone between the Terrace VUing and Cornerstone building shall be revised prior to the review of the project by the DRB in the following ways: 1. For emergency services, an access lane shall be provided from the western courtyard to the ski lift. 2. If deemed necessary by the developer and the Community Development Department staff, the uvater feature on the landscape plan may be removed or revised. The landscaping in this area shall be part of the Cornerstone development, and, therefore, it is the Cornerstone developer's responsibility to complete this portion of the project prior to the release of a final Certificate of 19 Occupancy for the project. These pians shail be mcluded in the buildmg permit for the Cornerstone development. c. After the Town of Vail has title to Westhaven Drive, it shall convey title to the developer for the area of Westhaven Drive under which parking is located for the Cornerstone project. The amended minor subdivision plat shall be submitted by the developer before a building permit is released for the Cornerstone site. The developer shall dedicate an access easement to the Town over this portion of Westhaven Drive. d. All fireplaces shall be gas appliances pursuant to Section 8.28 of the Vail Municipal Code. e. Those spaces allocated to commercial areas as short term public parking shall be permanently restricted for the use of the Cornerstone project. All required parking associated with the uses shall not be conveyed, used or leased separately from the uses. Public parking on the Westhaven Drive level of the Cornerstone project shall be made available to the public for short term parking. 8. Waterford a. The developer shall permanently restrict the tow employee housing units provided in the VVaterford Development Plan in accordance with Section 18.46.220 of this ordinance. b. A minor subdivision plat shall be completed and recorded prior to the release of any building permits for either the Cornerstone or VVaterford developments. c. The recreation path shall be relocated as set forth on the development plan and shall be amended on the minor subdivision plat for the UVaterford and Cornerstone lots to correspond to the new location. d. The DRB wrill reviewr the landscaping in the areas of the retaining walls on the west and east ends of the site. The DRB will review the north elevations architectural details. The applicant shall review the possibility of eliminating the skier access on the east end of the project. However, if the applicant can significantly decrease the retaining walls necessary to build the access, the skier access may remain. e. All fireplaces shall be gas logs permitted pursuant to Section 8.28 of the Vail Municipal Code. 9. The Ruins / Westhaven Condominiums a. All construction shall conform to the development presented to the Planning and Environmental Commission on February 27, 1995, and to the drawings identified in Section 18.46.140 (development plans) numbered 45-51. b. Prior to the issuance of a building permit, the applicant shall sign Type III EHU Deed restrictions for the :1;7 employee housing units. The deed restrictions shall be modified to allow floor area requirements to be less than 450 sq. ft. ~r~;~~titir~ . ~~:f~~>r~s~i'~~~~i~:~nclc:~' :>i : : : : : ; ; : ; <:.r~ h;'lII::~,H.:~~ res~ic~c~~.?:e:ApR~~:ar~t :.:::::.::::.:::.;:::;<.::;:::.<:.;:::;;:::.: :,,;:.<;<:.;.:;::;:::::.;..;:.;::.;:;; Stri~C~d ~~.s;t~ ~tu~e:;~~ic~aa~ tfi~e '~vr~ w~~ .dapt ,~Mat:p0~tai~:tca ec~ re : . . : . . : . . : : . : : . ~~v~<~:;3::>: ;:;i;ry>:<~:_(:.;::;/,.{.`.:"'`:>:;`:°:: >:y::<Q:<::>p::::: : ::A><::>A:><:<:::7»4>.p»::>:>::>::;> >I y::>:><::>: ~VI i ~rNM4I~~::.9! il i!i~vF _ ~ ~i „~i~~"it L~~F i?f;41 ;r~: :r~i : ,~rt~t:>:::>::r:»:: p.. ~t0>tt~at.e . .plr~y~ t~c~s.r~gs f~a~r~ ~.r ~+due~~.t~~vms~~~~~ 20 : > <:; ; ; <:;><>;: i; . < as~W~ri::~~~e r~0~Yi~r~ ~Q ~~e-e ~ta I~~ ~r~it~, ~n req~as:.pertainn tt~,~~sa~e ~.~~~r.~ , . , , only, . . c. Prior to issuance of the building permit, civil engineering plans for road improvements must be reviewed and approved by the Town of Vail Engineer. Road improvements shall include curb and gutter from the eastern edge of the bike path to the western edge of the curb cut servicing this property. d. Prior to the issuance of a building permit, the applicant shall dedicate an easement for the bike path that crosses this property. e. Prior to an issuance of a temporary certificate of occupancy (TCO) the applicant shall regrade and revegetate the berm adjacent to this site, in the Colorado Department of Transportation (CDOT) right-of-way, so that its northern slope does not exceed 2:1. Prior to the issuance of a TCO, the applicant shall remove the tvuo utility poles in the CDOT right-of-way and shall bury the utility line to the third utility pole vuest of this property. . . . . f. ~~`t~r:~~:~"iS~~nce af ~ 7' C b;~ sid@}aS#i~ll?:t~ CC~S''u.~ot#:~ti~~:~o giri8:~:~~ th~~:~titrac~ce:;~o fihe ~~sca~e Ciut~ ~~i~l~~vert ~l~r~: ~~deX~ri~~':~a;~e:;~i~st :...::.::.::.::.::.;;:<.;:;.;:<;;.,: f~:fr~~t:<~~:~t~ VU~sfhaver~ 8t€iid€ng to conn~~t:a~#fih~~€~recr~~~ion~E::~ t~ ~a~v~~::*Pai.ti:><: g. The entire building, including the garage, must be sprinkled. D. Area D, Glen Lyon Commercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the porte-cochere of the Micro-brewery in Area D. The specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Tovvn vuill not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent fo 4he issuance of 21 a building permit and prior to the issuance of a temporary certificate of occupancy for either the brevuery addition, office expansion excluding Phase IA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 3. The developer shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion, excluding Phase IA east office building or parking structure. 4. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office properry shall not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. ' The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. 7. The Developer shall construct a deceleration lane along South Frontage Road per the CDOH access permit. The developer shall submit plans for the South Frontage Road improvements to the Town of Vail Engineer for review and approval before a building permit is released for either Phase I excluding Phase IA, II, or III construction. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 A, B, F- K, , 18.46.210 D, 1-7, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Tovun Attorney for approval before a building permit shall be issued for the Micro-brewery, office expansion excluding Phase IA, east office building, or parking structure. 9. The minor subdivision for P?rea D shall be developed per the following conditions: 22 a. The development of parcels A, B, C, and D, shall be limited to the SDD fVo. 4 development plan and governed by the SDD IVo. 4 ordinance as approved by the Towrn of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of Easement and Party uvall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD No. 4 Ordinance. d. The developer shall be responsible for replatting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewred as a major amendment under the procedures outlined in - Section 18.40 of the Town of Vail Zoning Code. e. The conditions for the minor subdivision in Section 18.46.210 (D9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney before the minor subdivision is recorded on the land records of Eagle County. 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm detection system. Towrn of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I excluding Phase IA or II. - 11. The developer shall submit a set of amended plans to the Colorado Division of Highuvays for revieuu and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, excluding IP?, II, and III are presented to the Towrn of Vail Design Review Board for final approval. 12. The east building including the two employee duvelling units shall be constructed when the parking structure is built to ensure that the employee units are built. 18.46.220 Employee HousinQ The development of SDD No. 4 uvill have impacts on available employee housing vuithin the Upper Eagle Valley area. In order to help meet this additional employee housing need, the 23 developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium building, 3 within the Cornerstone Building and 2 within the Watertord Building. Each employee dwelling unit in the VVesthaven Condominium Building shall be deed restricted as a Type III EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Watertord Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwrelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted towrard allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Section 18.57, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective project. 18.46.230 Time Reauirements SDD fVo. 4 shall be governed by the procedures outlined in Section 18.40.120 of the Town of Vail Municipal Code. Section 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 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 repeal or the repeal and re-enactment of any provisions 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 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 hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. 24 IfVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IfV FULL OiV FIRST READIIVG this 4th day of April, 1995, and a public hearing shall be heid on this Ordinance on the 18th day of April, 1995, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Tovun Clerk READ AND APPROVED OfV SECOND READIfVG this _ day of , 1995. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Touun Clerk f:\everyone\ordbrd8.95 25 . .o a • • o - • . . B • • • o , . . . • . o : ' ' Eo{III~IT o • . • • : . i:e • :-tn~..• ' ' : ' ~ ' ° • ' ~ '-':~:•:°a . ~{OZLa~EL PriOd'EP.T,° : • • , . •;•e:;~•.,;: .~~DEVLLOTa•IZ::T 11J1EA VailmTtose1~6 ° '.:;~.s:~ - . . . . :a ' . • . . • • .i , °..':t3 . ~.o, , . . o~thc ~1,1 ' ~a.3-70 acrcv ou t • ./4 1Jr 1/4 oL SccL•Son 12 Q . .<:.gollot~do; h~ Ttanse •01 1•lcdt of lhc Gtlt Po6l ' ' ~ , . • • ' , ~ a e dcscz-_:bed ad , . . • , a+1' w•e,,: ' 1 ' . a • • , o. NI: 1/4 •gsom- wl~~,ic!a$t9eglo~~Point• on' thc lYcst ~..~nc of da . • . • `~c~~~ Jdor .0~ e la onc>qual rcz co n.. ~d SI•J ~/q • •.along ;aid,:t,~c;,l~ ~a° ~ 2~G9.•lU tcct•; tl~cnccllor~~ Ooid,° ect•iora t.Linc, ~~>a3L 15 Last , xight o,~-'Wa ligcct Lo 0 0 . ~''•~outScaJtc_~ nc oL'.; UeSa.•llight;c ~ P~~t on dhc douPlica:t•c_'_y ~ Y~'~ght o.4 way l~~cy tloa G• thcncct a].ong ..n~.d • . t ad follotls•. , , Nozth: s2o?7 0 , 1Dao3J. . ;y,. D '~AJt $CCt° ' • e . . North 49°20'~.~nnt ° . p.?^ Orth 4001.,1 519.57 Tl )gCCI•a aTic. ' • ' • • •0 DOd ea0e 67or•LOA-cLi11C P dr~.!`~•d~Ja~d ~~aC .sCJ.P! . • of ~aid S1~ 1/4 rlE 1/°i; nce~oz~)a OD°3~,a go~nt a'.•Ea'tQ along thc Mor-h' linc of said 51•1 tyc 1/4 ~yE, 36S FccC, anozc , l ~~o ~ Po~~at on tl:c centcrl_ne of Gorc Czccl;a thc^ ace ac `.cc~atcxlinc 'of Corc Cscc~:, ~ ~.ono ~hc . . . e 8. ~ . • Sou th .3 Goat q% T•JcJ t101 ' :j~ • , Sout~a 10021' 1,1c ~ .04. fcct; . • 'Soutla :102 1 1 ..t' S~1 ~cc=; 1•lcs, , 205.02 fcct° . South 12010, west, 110.25- icct' a»c o 0 Soutla 20od1' ~ ' • ~ dt, 10G4o10 fceL to gh~~c~o~ ~-12~3b Lcct, t1~cncc. sou~ti °?S°1S' . . . .•no~c 1~~rcc1 ~ , in o cgin:.v=;g , e . • • _ • . • . i a ' 11 •trac'- cx'c% , of lnnd . ~ . e~'P S 5e~o Jta :al;.•iJe •ot t ituaLcc in tr= Si::~:L: oL Scz:~.o 1-, hc Gl-t~ P.:•1. :fn . •"~x~ct, o,E..l•and'dc:c_ibcri-in Dook l9~ ,ln~ Sout~c_?v oz ~h~t cc_~~i~ . :,1•lc~tc,zl~ ~ 1 aoc 197, I,or~hc=,., and • •oF ~t1~e, ccn,.cr linc of Gorc trcc!;, nnd 1yinq dlox;.hcrly' anc1•''•Y., ~~aJtcr'7.~::oa:ithosc certain tract.. - dc:.:cribca in Eoo}: 211 a:: Pn,c IOG,' , .:I3ooI: 211 at' Pagc 100 anc] Doo): 215 aCl racc JGS, dcscre!:cd ns • ' fol'lot~~ e. : • . . . • : , : : , . . Dcginning at a po~,nt on L•hc t4or;.;l-Sout:~ ccn ' . • of said'.Scction, 12 •whcncc • Lhc tlorth quaxt-c: cornc= of ;aidlSccta.oaa . ' 12 l~caxs tl, OOo1.5' B. 22GD,40 fcct; ~ . • tlicncc t~e. 75°].5' . bcgfnjiin.. E. 3 , G e 2.G ~cct• ,.o thc txu~ • g, 'daid •point• l~cing on thc South 1inc ot thar,.Point'oF ; Ira Dool>::1.99;.''fiag'c:1.97 and. wJ~ich l~caxs S. 0002G' E,. 22D5,'cl clcscz~~ccl : from thc rlorth quartcr corncx oL Laj,C] Scction 12; 1fcct ' . o•• •=t 'r:••:.: thcncc•Ne ?5015' L. 717004 Fcct alon, L•lic dout•lacxly° . •1inc ot tll lract dc; cribcd in Dook 199, Pagc 197 t;o tlac ccsiCcr . •*~f COd'G;•CX'ceka ' • thcnc . r- S o a o~4'i = W ° . o~a,ic~: Cscc};;;es.:~... 3.30 G1 tcct alor~g ghc ccaatc: liaa^ thcncc S. 05024'30" L. 104,50fect along thc ccnLcr ; i ~a c o f-• ~ a~ .i a :C r c c k r': ~ . • '•'-of• daSc3. Cscthcracc Sa '9°2D' S•Io ~950 50 Zcct alonu tk~c ccn-c;-•e6o6yl • ° . ° ' . C'0 0 . L~~ t ° nCa ZZ~ ~ j . e ' ~ + CI'1CC* S. 220~ 9 1'1a fcct ul a•.o~ ~ f. daidoCreckB. on~ ~hc ccntc~ iaac • . . • :;:;•r thcaaccS,~.5.4000' .1•to 119e34 gcct .alon tlac cc linc of • dald 'C~°cckl ?.to. thc• Southcar t co~z.ncr of ttaat ccx~tain ~r~~a- - ' . .1ancl.,dcscribcd: i . • . ...tl~cncc d4e"3~°1G'JO"y~ t~.i.vul _ . e _ .,a e o iaoexa ° ; ' . lbnc or'.~tlaa~t >trac.t dcscribcd fcct ~lonc~ 4:hc Laslczly • 5.n Dook 211 at pagc 100 ° • , ' ~hcric.c; ~,G9; CO tcct alon t;~c , , . . ~~1orbhca~~tcxly ;linc.:of ~hat txact ~ ~ 9' . . ~ . 'de.,cribcd• in~Dook 211 aL• Pa9c'lODa • : ° 't)icncc,jH;° " DG°02',30" 1•1o 'a.G•ae 92'.Ecct _nlong thc tiorthcd • 'r.'•Iinc or .thosc 'd' . . , . . ~ract: cicribcd in Doo}; 211 ' at rmgc 100 noo}c 2~,]. ly .aat %'agc. 1.'OG to"'a- point. ° • ' , • , . . _ . , "~h:ncc tJ, '~2057']0" 1•1; 7G,OD Icct along t:hc Vortlica:.~crly Jlinc of that L•ract c]czcribcd J.n Boo;e 215 aat Pagc . ~ a 3GSe to L11c. point of bcglainjnj, . . . a . e . • 33 . , ° . . . eover~mus~ a . e . o °o , . • a • 71t~D ° « . o ~ , , 0 ,,{:~°o . A6S6 t/1e7t Pa7ra.,Qf ~1C • e• ' . . a , o e :,i e r: e • o thC d~ 1~ILy 4~ ~ ' ~r."'•.•~•~_ ' , a,~ •1. ' ccrater• of' Co~.c C.•ection 12 . 1 Sn ~ ' of>Scc og t1jc ~:oz'ecY. •an•~z)yo~~n: on Y g,.,outhcrll og e . 9?d*t9, dco•.c_i~ ~b_d 91c Couritr ~ C1crk' ancl Itcc plst"on:gil'c .iri• thc': . . . a~ gO11olJ.:t • • ordcz-av'po'cu:~cnt dlo.o . ~ . . < Bc6inna.n9 a t L•he Nor'L}ics~ . . . . . then • ~a1,dcCrc~)•th 800J3' 11L~t~131°~G7efc4f raS.d SI•IdrlCd e • • ,J 9.1 c~ ~o a point i'n~thc' ccntc~'o~.:'= : . hcncc south ~00oql CY:CC SOU ~0~~ s _t~ C~ ~ % OQ fCCL aZ~.GTI • • ! • ~ tlac ccatcr of ra~.c~ Crcr~};e ~hcncc SoU~~ ~o.,~' cst 5~1,00 lcct ~lon~ thenc~ Sout;~ ~Z~ 1 19c,,t 205,02 9the center of zald CracY.'B; 10' t~'c.:t J.].0,_~~ tralong thc ccntcr of snid Crc_'r,i, , ~hea~~c so~ath 2IIoe'le ~ ~ec along thc centcr of znid Cveclo; . . tJ~cncc So.~~h 5~~e' o,•pi~cs ~ n t. s3 L 20o DO feeto • . , d ~ . • • ~}a~ncc Souto 0 0 •17 0° 00 ~cc t 'aaIong''t?ic' sci cx'c c): g itcr • oF xaId ~7 00 03" 1•1C5t D5o2~I' • . • , • .Ecct along thc ccnicv of rzaicl ° . .thence. dOM~~ 54000, 11CJ6 259a3 .1 f • ~r~~'ce . cet a].onc~ thc ccntcr of -nicl . ehence Sout.%j VP034 • • - ~ . • ~recv' . Y 109o G2 fce't.' th • . ~hencc , . hlonc ~c centcr of ,ai~g . rou.~h G9o0•1 1 j'7C :tG s • • • . ' :fih~ncc ~out:a :.DS°?S 1 l,~es ~ ~'ccL nlono • ~hc ' . tllence 11or.h-770 , ~ ~.GDoa :Ccct:.~~,onc Cente~° of ~aici cmrc~sa a• 3G l,~cs • thc:acc ~ ~ ~ • dlor:.`~ 500321 1•;c199 t 2G.96 tcct alonn thc.cenzcr od sald ~~e~`~, . , thencca•1or:.'-~ 300. l .J.9 fcct alon d ~.a.% • o 1Q lacs;. 2;,9:0~ fceL- alono:tr~ CenMar ob sa:,d cecel:a othencc Sout;-~ 76035' 1•Icst tllC Fen_c_ of ~aid cvee!ca . t° = r,oint.on the 1•lcstcrl~9linef oft~alona~ ~ C SOUt;~ 00151 .,tld ~~:CT1C SI•j•,ELCC'I1tC~' O~ d11q Cm^L~a I•)c~;, 4 61,D0 fecL tdI tlic4centcr•' ~ tliencc :~or.h 09'e02' L•as . : L 13U2. G5 fecL of raid ,,CC`mcn 121 to ~l~c Sou- al.orIu tllc. ~outl~c=-:~ llnc.o~ tt~cnLc I~Iost4 OoOG' t corncr ot: saic]: Sl•;~-;. t... . 51•ia14L17 to t 135 •1.32 . lta, t.hc Jlor;.hcaL t 11e c L zlor.a. .tt:c; L• ss tcr? _o beginning, • cor~cr or maic ~f•i'a?:~L ~i.._ om „ic3 ~ . ~ • thc poin` of A1JD ' . . . . • , ' , ~ °lhL' Or SCCtiOTl l2j :r01JI)s.Jj.p 5 .SQ . . . . . ' ~~h &~erlo-, • ut:~, Jtangc DJ. I•)c: t of t~-a a . : ~ .,i. . , • . . . ` ~1,.t~Jcllz t pZr~tof' thc SL~:1q1q~: of Scct'ion a~'~•~ .;:;,r a. . , ~ WaY lincoP. thc Gl~~ :P.rJ..r lying Sout}icrlv~' T,c~:rnship• 5 SoU~h o of U.S. Iligl~::av P1o. ~ a,~ , oz...the'.5outhcr1 ° e of4icc of' thc Lnglc County Clcr!: nndhlZecorde~.~c..~la~ on g~r~'ght of '~c~cx.ibcd a~' follow~ e . xam Documcnt r1oo~`n ghc . . .97~Q9Q Deginninc a` l thc Southca--t corncr of zaid . . thejicc :;out}; D9002° Z•!cs ' ~a~d SEl•1~11~1~ L•• D3Ge9~ ~ SccL alor~g:.thc..sout ;cxJ. d ~ to a ~oinL• on tl~c SouL•l~cz1.~, xight'~o~ y~..~nc oi. l~i yhway p e , ylirac O thcncc Nortll 52035' Ea,t ~ ~ ' . ' ' ~ ~a3c1 ~ ~a ~0.,70 07 icct•nlong*,ghc•So,,~thcr~. ' ' . Y~.Snc of raic] lzlghway ~o a point on thc. ~astcr1y 3.incig'1t~:. e SE~lil~1la ; . ' th~cnce ' ~E~ Nt1d tou~hc0oc15t ~Jc~t G20e2].' fcet a1onr~thc ' ~~i~ d NOUthC7Jt corncr of :aid ~ ~a~~c~'ly l~~c bcginningi . ?~~.1~1•1~•,',,•~h~ ~o,~n~ ~ , , . ° . , Z):CI-:PT. ?r~--rr '°,nT T ~~.,T~.,. . ' • . , . . , • . - - ~ r..vidiU e . , . oa . . e o . • . ° o' ' . . , ° , • • . {:}l 0 at p ' , . g~nst clcZcri2icd ~.n I1ook 10 a . . . ~ l$g c 54 5' • ° o ° that g~art dcdcribcd in .I3c~or. 191 ' ~a.. , ; , •e . • o i e . t pagc 2410 . ttiat part s3c;.czibcd Sn Dool: 203 at pagc '231a . . . . 34. . e . , . ' . , . • p o1 a • • ~ ° o. ~o ~ . . • • 1 ~ 9 'i ~0<de^IaoU~D . • ~ a ' . , . • ' ° : . e , o,~ . . . ~ ~ • ° =;ry• . ~ , O ~ o O • p e0 p p g~ar.t dcscx~b~d ° • . . , ~n•`~loo)o 293 at page 531o zt ccrraari;~is:~-;- • r • , . . . • . , . . . lo'catcd. nd~~djacent L~ ~ . , . , ~~.n . tl~c;,rn~ccl o the above-~3es c.4ab e cl nd . ":'to"c~cxudc ~fxcm tI~ .0Z i~ . • . , tr..nCjc io~• c anrcnc1 u • ~ . Count~° r- f Eag).c . 0t !s ~ ' . . . e •o ~4r•dtO7bc o . Oloraclo; ° • ~ . . , T Q ~ a . . • o • ; . , • ; • • o 0 0. . '.q ;;11~.:. . ° ~ ~ . • • ` . : . ' , • ~ . ~ • ~ < . , A • ~ . . • • . . , o ' . a~;t/J;~li ~ ~ O~ ' ' • • ~ . ' a o . , '':~~M;\:~ • ..s• •II;•;P I • • • ;;~i • ; t1Lc0, 7ilE. F0LLOe11i;G ~ • ~ ' • o • ~ ° e;: •,,s. . . , , ,FJ1t1Ci.L FOF~•?~.°.L(• Y.t{O:d:l tlS' °'C0rG;1FF' PAFCm-, • ~ ~ . ~ , . b • • ~ • ":io::.. ; . e ' . . • . . , , ~ . , j . - . ~y~ ~ . ' ' ~ ~ I, . s~. A . . ~ . ~O . •~yv ~ , b•6,a7 C r' '.0 A ~•a~„ • e ' • • ' ' • •'e . 7- ll~con~.l2 , °To~n~hi oaScSoucl ~sl,i 1~1 'bl~r~l4 of :a:~:y-' •..o c Gt1irT'rSr~c'a;~al 1•Scraoi,n n&= r°°t , . ~•q•e'P,:~.' • i:•?.thc:,centcr. 1•ine of Corc~Crcckn~.tloa-.th~ac~tcrl'°~ . „ ti o • ol•lot;~•; . . . ~ . . ocsca-abco.r ~ q ° ; g~~ ~ p o ~ • ' ~C • a...: • • . e • • ° l,Dc~inn'inc •.at ~ oin-t..Nhcn cc p thc )1,orth . ••.-.Co.e.ncr:::of. ;S Scctiocars 1., Qual°LC~' aac 1~ v . ~2m~ 4 , . :2.2 9 za,:2 •fccCe tt)enecS GG°02'30'° ~ •1~, e ~ tCCL: .cr,n« s • - 30., oso . A: :.o;. •Se L~ lL-.°a66 fcCt;. thcncs 12 tccl'to d poi-.1: in ttie ,.c•cntcr ol~,sa~ic. crccr. tl~cncc S ~GS`.3~.° , ' • . 'ic'ct•'a,.'or& thc ccnter 7 ~ c ot ~=;d 1' ..,09.e~i2 . • , , . Y;: ~ g : 4: e . 7 0 f c c ~ . c r c 2 ; t h : ri c c : . ~~~:Sc;•~cxec.Y,; .tl~encc ~ ~ lonr thc erntcr ]inc of . to t}; e in "1T 30" '317.5t tcrL . po t of Lc~.nni~~, containin~ 1,05 aca~cs, uloroa Jc~~. . . . o . . o . • 'e~•:o..{ ~ . . ~~i r.~. . S~1 ~LS~~.I L~T.~ ~ . • . ~ . . ` , ~cDinnir.~ n~ F:~~n~ %J':1:r,ct',c ,~ox ! • ' . ~ • Corncr of ra i_ d ; 1 th Qv•~r~t, . . . 12 72 . c cti oh 17.b~ .rart' N> 11 ° 03 ° ±.j. • . 72 ic6t; tl- c c 1- • . ~ ' ~hcncc 5 3i' ZS'~(i~~ LS°~5'43,'q~~ Fo 84,Qq ~.f t ; ' . ~~v~'~:;.:`<' ••••.~.o . d; S. L. 15.46 lccL; thcncc S ;;~;.;:;::~•o• . . 3Z°'Q°30'= Eo• 141.47 icct•to a point in °hc S. . , 'ccntcr 'of sa id crcc):; tlicncc S ° ~ 65g31 '3b" 1~ . e . . ...1.') Q9.67 fccc nlong. t W. ~ . . hc centcr I lnc oi :.zid crr-,. g}ic~~cc~'Se G9''U1'3G" 1.1o 303;02 Icct a7ong tllp 4 ~ c^' ' • cc- t-,tc; •.~Snc- oS ~r. zio• crcck° thcticr 11 , 23'209°° ~ . . . , . ;1'0 a,~o(~~ 1 eEl LU thC pcant oi bcrSnni n~, • ~ u.,..~:ti, , :i:.' ..•:,4:{ 7'OGI:TII~J:`.1,°lZ'!-1 ~n crr.~acn a ~.l.o p•~rcco~ ~ t F clcscrSbcd d~ °Uoct~~r~9 ~ - ,-oc~ 'l~u;. St S e`1 y~i~ i n' Book 306 n t'•a~a ~ b • . 44~ • • ~ , . '~'~;d~°• ~ :o:~:;;~t1i1~ Y'c.corded io, F.c ~ ?cic~}( 307 d- L P~;Fe QG t1-e~ L~ . ,.d. . . . _z E; ICOUnccoro~ ~ • . . ro . . L• . 0 ~:.1 ~~ia • .:.~LSO:,anc7udinF nll wntcr nnd ~ac1l o1 }~t~ .o: • ' . 0 .a~ . ;;~pourtenanL ~o thc sbovc 'dc: cribcd psope; t ~ • • ° y° S ncluCa~nc ~?i thovt R , . 1 lrf t : ci on a Nc],~ Frrna t -t(o, ~ ' ~ ~ e oe . , • =~-~04, ti:atcr• Ti Ft-,t:: occrecd in Cava] f,eofo7 . .J:o, 2375 an Lz Cz, c County Di stri ct Courr. a'nd ° ' . • • r, 7 I t-hat Pc+o i1i'o:, o! 1:atcr 'xiFht; di~c; ecdn • . . `1•~ C.1.°•e. ~~10or6.~\~ \~17 410y fta7te0 1J1%,5a1o0a p! . e~ eo o p • ° (GorE. 1loo I 1Jc1) = 0o05 c't d) ~ . . . , . . °o • . . . . . ' . . . , . . , • ~ r . ' ' o, ~ o ~ . w , ~ • ' • ° 3S • . • , . - . • ~ ' 1 0 . ~ ` • , • CoUIi`~O O6 dro • i~~YO~YC6CV e . e j1 tract' oL ~~r,d 91e and ~t*te'o.'-Colorado ~ ...~tu~tecl , ~o ~ o ~ : . o . , ~ou t1a, 1t.,noc • d t•~ Laj tllc Sl,ry)'oI s ~ ~ • ~ ' as tollo:a5 c" t o-r L1ic G tll Pxi»cinal 1•lcrid.~an~, , ~'o:,n~l~lp S. 6 ~egata»~.1~.g a t. ~ o dczari .ine o~ ,ec Poi~a t 011 ~ tl~e • 1lortl3-Sout. center ~ bed Sc~tio1i 1~ . tiott 12 tal~cr~cc L•I~c Nortl . 8~ort?~ 75 ~~'carz BJor')l OD, clcg~e 15 ~ l Quartcr Corncr o~' saic'... . . co;, 5 rnin~o Eas~,,mzn., Z < Ost 22G9e40 tecl•. p ~nanP° t J 1G j ' . d0 decz, ro~L 7G, 00 ceet; tlicnce Sovth ~2 de~2~ence,• ;:;•.'o. ~ .ec.., 1a~;t 279,99 ~cet: L•lience qge • . t)actice 14o6tll 50 ~~9.. ~ceL ,to:poi t 1 Sout)~•j.~,' ~egs;~•00 . 'mins, ~ ~J1 -l•l)c'ccntc'r'~ot' Gorc'~ linc ot•' P1113 Crc~~~:'1~ c~.e 0 32 n~a~i~ 0 1•~,:~ 1].1a,1. a~en ; tect a7.o 9 tll c dic C} nQ. thc cen~~•:~:~~.~••. c eenl•er li»~t~e~c rth ~D l deQ~, - aninso lic~ o ~ daic~• crc=k~ 40 min~o 1•1cst 2a9.09 tc= • . . ~o.~rat ~n _ t D9e Y. icet ~lon . criccI5outl1:.;7G,:dc t ' ° • ' . 8~or:.h pp ~e~0 PNOr~I1-Sourh centcrtlineco~cr.~linc •of• vaid::crcek-.to 'a ~ • . Ceaiter ~e 9S 15 m~n~o f'sa~d* Sec.~ion'.12; ~thcrirc . • ~ . .~'o•. pnc o ~aac] 5ectioli .1°~ toJEl c po.~~ tnc9iftb~ ' 1dor~h=Soutli A • . ginnir.g;_ • . • • • • • . . , • i/• ~ • • • ~j, j••w ~l i • ~ • j 4 1 • ~ , AG.B• . ' ..C,,.•~ . ~ • . ' . . . • . s l.. 2 0 dl C_ C _ ' ' , • • ~ , • • : . . ' • r:.,: . . •t; ~ : . • C. • ~ ' : . . t • . . . .;1 ',~:.'r~ . . . , • : ~ v~e. . . ' ' • . . • . . ~ • • . . . . " • r • e , j . . ~ ti ~ • e ' ' . p f . ~ . ' • • 1..1 • ; ~iDZ~, ~ e , ~ ~ • ~ ~.~','L' • . ~~`ASSCCx.1fiES .OPEnTy. . ' . • • . . . llLVrI.Opa CREEX olE..,It3tL1s D, C L D • , ~ . . . . > ' . ' ~ • ' ~ . • ' : . . • . • ' ~ ,.a--~_ aCr S . ° ~ • ~ i ,r~,~ '•A -~-~-~EIOTI . . _ ' , . 0.. tlac GlhtP~zrL of Scclio» 12? 7'oi.;n.-hi ~ ,:)o ~L1csc=ibed a~ tollo:•~, P 5 ~out}~~ Itance O1 wcZ t, .'of• v: A11 thzt-part: L•)1C 1q1;1~=; ~ I • ~ • • . . . • , . , r • „ _ , , , ' Soutltcrl~?ziglILfoi-t.~ o~ .,cctioi~ ~,2 l , ~Y linc ot U. S e Yirig ~ou L•1Ic=1j? of tt:c ot tl~c 50= :.;~_rly l~,ne of ~aid ;~)1 L'llSgh:JJV . lio,••, G and ~rlortl1crl•^ . ~oeti)lc etbiec ot• t)~e L•a lc as ~ho~an on*•the lat , - • 97.409 9 Counr, Clcx): •nnc~ p on •~ilc, 14=Doctune;;t._ ~eginnin9 f at e tl ribecl a~ necozder a" ~e h.i9hwa ~ • • . : . t 'a' . y -uxvc'y.monumcnL: at• Lhc intcrsection • 5ou thcr1J linc oL 'aic] 'hzg)ii»y. and tlie L 3L t e r ly line • o:C'•Laid °L tla c wJ~p.-I c c - L•lic l)ozthcasl cornc_ ~r'Z3.id Section'~12; bca tl~003.1 ence blc-t South 3 73o05te^t; i ' . . . . . , rs_Np_vh : . Z ~ lac~ t . :l . . ; - • . hC:~~~ ~1J~C of ~a.ic~ h~,ghw, ~ ~cct alorig thc Southcrly lg ~ Icc doutl~ 70034 't •Y~ : tl~~ linc oi JaSa hig}iw~yJ~a-'.l0 tect 'along tl~e Southcrly, h't~;r. . ~~r~y n~incoo~} l~aic7~l~ 1 Y Jcs t ].00, 00 tecL• nlong thc °'ou~tha 9 o. ~~I ai . o ddlicnc i9litaay' . . • .L. _ , ~ rly rigl~~t o . . ,~aicl h gh,otli•.G5o50' ~lcs t J.OOo00 Xcet ul ~ • , • . . , ~ r: o . es~~ ~ ayp on9 thc Southcr~. fh c South G20t _ • Y• ~ac•.o.E ~ . r 1T~ ~IcrL 1.ODo 00 ,f . . . o ~•ray 3, ~c o~ ~a.ic] cct ulong ttzc Sou h'r*.~• ri ~ ' . • . ghway; t ~ ~y° 9h t.o {:}1CI~Cn SOU.~'.}7 50010 , W 100.Q0 r;;. . e g. . °01.7~ ~b~e of ~a~~ h es~ feet ulong' the Southe ~ hwa , . , rlv ri9ht ~f. ' ~ . i thencz rou th Sg S T 550051 lqc,r IOD. 00 ..i.. ;j , ~~a}~ a.i;~c Icet nlong thc Sou. • • . ; ~~,~ighw~yy ' L-hex°ly x49hh ~})L.'eIC^., SOU `h 50' l'1Cd L • • • • • . 'i ~ o. ~ °~~y ~'ne of ~a~,c1 }~igl,r~y'100,00 .Cecr ~long thc doutlaer.l ~ . 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' . . . ~ . 36 , ~ RESOLUTION N0. 11 Series of 1995 A RESOLUTION DESIGNATING BANK ONE WISCONSIN TRUST CO., NA, THE ONE GROUP U.S. TREASURY SECURITIES MONEY MARKET FUND, 111 EAST WISCONSIN AVENUE, MILWAUKEE, WI 53202 AS A MONEY MARKET ACCOUNT FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLOR.ADO. WHEREAS, the Town has the power to designate banks or financial institutions and money market accounts for funds of the Town and WHEREAS, the Town wishes to designate Bank One Wisconsin Trust Co., NA, The One Group U.S. Treasury Securities Money Market Fund as a money market account for funds of the Town. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Bank One Wisconsin Trust Co., NA, The One Group U.S. Treasury Securities Money Market Fund is hereby designated as a money market account for the funds of the Town of Vail. 2. Steve Thompson, the Finance Director of the Town of Vail, or his successor, and Christine Anderson, Finance Controller of the Town of Vail, or her successor, and ,Tudy Popeck, Accounting Technician of the Town of Vail, or her successor, are hereby authorized to open a money market account ( s) in the name of the Town of Vail at Bank One Wisconsin Trust Co., NA. When an account with Bank One Wisconsin Trust Co., NA is liquidated, a check shall be made to the Town of Vail and mailed to 75 S. Frontage Road, Vail, Colorado 81657. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of April 1995. Margaret Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk MEMow4NDuM TO: Town Council FROM: Community Development Department DATE: April 13, 1995 RE: CaV9 up off 4he PEC approval of the Vu9lage Center major ettteeior altePation and conditional use pePmi4 reques4. Applacang: Fred Hibbard represenged foy Snowdon/Hopkins i4PChBtects P9anaver: George 9auther On Wednesday, April 12, 1995, staff notified the applicant, Fred Hibbard, and the applicant's representative, Snowdon/Hopkins Architects, that the Vail Town Council desired to review the PEC's April 11, 1995 approval of the major exterior alteration and conditional use permit request for the Village Center building located at 122 East Meadow Drive. Staff indicated to the applicant, and his representative, that the Council call up was related to a parking issue. LTpon hearing of the Council's desire to call up the PEC approval, the applicant has requested that the item be withdrawn in its entirety. Acceptance of the applicant's withdrawal of the request,by the Council,will void any previous action taken on the major exterior alteration and conditional use permit request by the Planning and Environmental Commission. f \everyone\george\rttemo\villcent.413 e4 TONN OF UAIL ~ 75 South Frontage Road Office of the Toivn Manager Vail, Colorado 81657 303-479-21051 FAX 479-2157 MEMORAfVDUIVi TO: Vail Town Council FROM: Robert W. McLaurin ~ Tovvn fVianager DATE: April 18, 1995 SUBJECT: Town Manager's Report Communitv Survev Update As you are aware, several weeks ago we mailed 3,740 community surveys. As o: rriday afternoon, 621 surveys had been returned. This is approximate(y a 16.6 percent return rate. UVe have discussed the issue of statistical validation with our consultants, RRC, and ;hey ir;d;~ate at this point there are more than enough surveys returned to make this instrument statistical!y valid. We are in the process of tabulating the results and hope to have some preliminary results for your review in the next two weeks. As a method to test the validity of this instrument, we recently reviewed the 1.994 survey results against the February 7th vote for the cemetery election. The accuracy levels are as foilows: 1994 Survev Februarv 7th Vote Yes - 45% Yes - 47% No-55% No-53% Roundabout Proiect The contract documents have been executed and we have begun the construction ;,f trc main Vail roundabout construction project. This week we will be moving the landscaping and plant material around the 4-wray and the contractor will be mobilizing. V1/e have scheduled a meeting with several of the merchants who will be affected by this preject on VVednesday afterr.oon. As with all of our construction projects, we will be vvorking very closely with the merchants and affected property owners to ensure we minimize the inconvenier.ce during the constructian period. Matterhorn Street Proiect Bids are scheduled to be opened on Wednesday, April 19, 1995, for ihe Matterhorn sireet project. As you will recall this project was designed to bid last year, but bids were rejected due to ;ha high cost of the project. The engineer's estimate based on 1995 construction costs are $888,582.00. VVe have budgeted $900,000.00 for this project. Covered Bridge Proiect GA Western, will begin working on the Covered Bridge project this week. The initial work will be installation of -a temporary bridge immediately east of the Covered Bridge. Once this temporary bridge has been installed, the contractor will remove the Covered Bridge for renovation. This project is scheduled to be substantially completed by Memorial Day weekend. GOCO Grant We received notice this week from GOCO indicating they have awarded the TOV $70,000 toward the completion of the Dowd Junction Bike Path. Greg Hall did an excellent job in obtaining these funds. RW NUaw cATow,rngr.rpt ~ SF1VT BY: EAGLE COUNTY ; 4-11=95 ; 10:27 ; 3033287207- 3034792157;# 1/ 2 _ . . . April 11, 1995 - 90:54 PA(;I i CUUN IY Rl'lll I)INf ; 'iUU flRUAUWAI' tiOx 950 Oi nr.[ OFrt-u r.~ it( JARI 1(1P (:l )fvtM1S51(>Nh hS I:ALlI I', i'f )I t ii:Al x)!11 r, r l :q H R605 I AX: f:l(1J) .1LN 77.07 .,i' Y C•I . , _ ^•"\t~,.~.j:~.-•~~~: 'i\•ria'r'.;? EAGtL~ ~~~~~~DO" I ~ ~ ~ 'nanmrS%-f'I'IONER . PLANNlN~ ~~ETING DAY APRIIL 18' 1995 I 6 8 b tt 4 ii C 4 A A it ft Q o 4 0 ~ tY ii' Yt u o v o 8 if d a o O A A fi f} o 0 0 8 9o00 - 9e10 a.m. PLla4T & SIAlRES~LUTION S{GNeNG 1(a4hy Eastley, Planner, Community Development 9_90 - 9:20 RaR1 SE-313_95-HENDERSOMlSYNDER EXEMPTffON GCathy Eastley, Planner, Community Development ACTaONo Request qor P6at Approval. 9:20 - 9:26 la.me 1041-032-95- Co~PLETENEss HEARING, UPPEC~ ~GLE . . ~EG@ON8°11b tdIIATER AUTW4g'RIlTYp W@9TER TREATMGA3 U PLAUEt tl E61PAtlFiSlON • Ray Meffy, Environmenta9 Heal4h RAanager -ACTilONe Find the applica4on comple4e artd estimats fees. 9:25 _ 9:30 R(ESOLUT9ON H7ECLARYNG THE WEEK OF APFtIL 97=23, 1995 EARSfH AWARENE~S WEEK . " Ray Rflerry, Environmentai Health Manager ~ ~CTDOM_ Read and Sign 4he Resoltation 9.30 - 9e45ionL S'B°ATE SU4~ ~~~~VAL FO9~ A UFT STAT9OR1 ON VAJL ' RddOUNTP9R . Ray AHerry, EndironmenQal Health flNanageP' iA(~~fBO~lo Sign qhe application ~vith no commeett Se4S - 90:00 a.I . BREAK ~ ~ ~ P. ffiNT BY;EAGLE COUNTY ; 4-11-95 ~ 10:27 ; 3033287207- 3034792157;# 2/ 2 10:00 - I GA5 a.m. ZS-349-94-RANCHO BEL RIO Paul Claricson, Ptanner, Community Development ~~~~N., Consider a request for a special use perrnit Yo allow 5 additional cabins and 6-8 Rt! sifies. 10.45 °10:55 aema T-66-96-07CHWA&eLER REe7IDEdV6oEy ptl60oY EIYII@IOC ROAU . Bruc.e Campbell, Code Enforcement Officer, Comrnureity Deve6opment ' ACT9ONe Consider a request for a temporary housing perrrtnif 10s55 - 92:00 P.uufl. WORK SESSION _ DETERf1AVNATBON OF LElEL O6~ ~ERV9CE STANDARDS Keith Mon4ag, Direc4or, Community Developrnent PhiU Scoft, Engineering ACYIOH: To consider the prQpvsed level of service standard that will be used on the Coun4y's major roat9 network as part of 4he transportaQion analysis. 92:00 - 9e30 p.av~ ~UNC9-0 9 e30 - 2:00 P.M. ZE-361-94-4HE LAZY RANCH Paul Clarkson, Planner, Community Development AC76ONe Consider a request for a ga,est ranch, autfitter, studio for arts and crafts and recrea@ional feCility. 2:00 ~ 2:65 P.M. ZS-343-95-RIFLE/t4V0N GAS PEPEL9NE Paftie Haefeli,.0'Ianning, Community DevelopPnent ACT~ONo Consider a request Qo coras4nac4, operate and maintain a 12 inch pipeline between Eagle and Avon. 2.45 - 310 P.M. t049=031=95=STRAWBERR~ ~~RKJI9PPER APlD L0WER BACHELOR G49LCH Ray NRerry, Environmen4al Health Manager ACTIONa To consider a request gor major exfiensions of existing ' dornestic water and sevyage treatment sys4ems and trie afficient utilizatian of a municipal water projecf. 3:30 - 4a15* poMo LUR-092-96 Sid Fox, Planning Dlvision flAanager AC4IOM: Amendments to Sections 2.05.12, Building Height, Section 2.07 and 2.23 concerning sewage disposal. Aciditdon of Apperodix 6(, Condominiurn Certificate end Appenditt L, Title forrna#s for plats. TTiE PdEX7 RAEETIPIG OF 7ME EAaLE COUyTy COTAMISSIONERS U1flLl BE HELD OPJ APRlL 24, 9885 ALL RAEETiAIGS MALL BE HELD IPl T1iE EAGLE COUPI7Y BUILQINO - 500 BRQADYUAY, EAGLE . pR OTHERYbBSE NU7ED. 7Fif5 AOEIdDA 13 pROVIOED FOR INFDRMATIONqL pURPQSE5 OMLV - ALL 71IIAE3 ARE APpRp7ClPqqlE. TNE BOARD WH91LE W SESSION RAAY CON3IDIER O7tiER ITESL93 7HqT ARE BROUC3HT 9EFORE IT, ~r-~7 IWCi " ` ~{•l~•45) MEMORANDUM T0: Pam Brandmeyer FROM: Larry Gra DATE: April 11, 1995 SUBJECT: Christine Werner Letters We received two letters from Christine werner, who is the Marketing Director at the Mountain House.. Her letters basically requested that tYie Mountain House purchase parking passes for use by their guests. The costs would be passed on to the guest. She used the example of several hotels in Denver that have similar arrangements with various parking structure operators. Mike Rose personally met with Christine several.times throughout this season to discuss this issue. We decided not to sell the Mountain House "debit cards" since the intended use for the debit cards were for local workers, not guests. We also could not guarantee any reserved spaces for use by their guests. Additionally, we thought this was a precedent setting move, especially if extended to one hotelier, others would also want to participate. This is clearly a policy issue that we will discuss with council when we present the 95-96 parking fees to them later this year. We are continuing to look at ways to perhaps offer this kind of service, but for right now the "Status Quo" prevails, and she knows it. I hope this clarifies what we have done, and clears the action from the response sheet. Thanks. TOWN OF VAIL Input/Inquiry Response Record The attacized comments were recently received by the Town of Vail. We encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS =SE CONCERNS WITHIN FIVE WORKIlVG DAYS AND R,ETLTRN THIS COMPLETID FORM TO PAM BRA~.'VDMEYER. DEPARTMF.iNT TO HANDLE INQUIRY IIvDIVIDUAL TO HAiNDLE INQUIlZY wci.c, J~-a,t, DATE TOV RECEIVED INPUT/INQUIlZY , T1'PE OF INPUT/IIVOUIIZY: PHONE CALL (indicate date) r LETTEIZ (attached) w 1~.~,,~,+~,, • RESPONSE CARD (attached) TYPE OF RESPONSE(check one): LETTER (attach copy) PHONE CALL (indicate date) • BRIEF SUMMARY OF RESPONS OR ANSWER TO INO TTRY; DATE OF RESPONSE FORM RETURNED BY DEPARTMENT TO PAM BRANDMEYER: ' A copy of this inquiry and form will remain on file at the TOV Community RelaGons of6a. As soon as this focm is returned to Pam Brandmeyer, this inquiry will be considered dosed THANK YOU FOR YOUR TAAEL,Y HALNDLIIVG OF'I'HS LzSUE IF YOU HAVE ANY QZJESITONS, PLEASE FEFt FREE TO COMACf PAM BRANDMEYER AT 479-2113. - r 3 F: om the Desk of p g-p q~~ p~ 8~o G11~ April 10, 1995 Ken Hughey, Chief of Police Town of Vail '15 North Frontage Road Vail, Colorado 81657 RE: Peace Officer 3ohn McCarthy, Trainee Dear Sir: I am writing concerning Peace Officer J'ohn McCarthy, Trainee-who assisted me d.uring a very distressful moment while I was locked out on a balconyr at the Lion`s Head Skz Resort, March 20, I995. OificeY McCarthy iahen• summoned pro- ceeded to call the Fire Department who brought zn emergency equipment to assi,st me with climbing down a ladder. During the whole ordeal of events, Officer McCarthy remained in the area, took me to the Police Department to make necessarv long distance calls so that T could get pzoper entry to the lodging facilzty and again brought me back to the loflge, remaining in the area to assure my comfart had been restored to normaZ. This officer showed Diplomacy and concern for me as a nanresidene, going be- yond his caYl of duty. Fie refused the offer of any monetary gift and used ha,s own personai time to assure my welfare. I highly recommend that the "human kindness" he pxhibited be entered in hzs pes- sonnel file of bEing a fine pola.ce officer of unassailable @zgnity and incorrupt- ible efforts. Should you ever come to Kanas Czty, please be our special guest, at a Kansas . City Royals Game. P2ease call the Kauffman Foundation (816] 932-1082 so that tickets can be made available. With warmest r2ga.ds, Anna Harzington (Rescuee) J'ulia Kauffman Kauffman Foundation ~ X C ~ VD`l(~1tiCl~ ~lllr'Yl YV~-~-~ ~ Ptc -;r Apri16, 1995 TOWNS, COUNTIES, COMM[JNITIES Nianager Town of Vail 75 S. Frontage Rd. Vail, CO 89657 Enclosed is information from your regional planning committee to help you and your community's participation in the Apri126th Northwest Colorado Citizens Meeting on Growth. It has a two-old purpose: 1. To supply basic information to encourage people in your communities, towns, county to participate in discussions and/or planning for the changes and impact population increases have on local areas, the region and state. 2. To provide specific quidelines for illustrating, by way of a diorama-type display, the nature of your community and area ["4-walls", see page 2]. This is to stimulate the exchange of ideas and information within the region. Certain costs are necessary to hold a meeting the size of this region (estimated attendance 500). It is being funded by registration fees, public money, and interested businesses. Registration sponsorships, which includes the cost of noon lunch, wi11 be crvailable. The.total number will depend on the amount of funds raised. It was a definite committee decision fo make attendance possible for anyone who wants to be there. However, over-night housing and travel costs will have to be paid by individuals or through local arrangements. This meeting is a volunteer effort planned by local citizens from the region, county commi- ssioners, and city planners with staff assistance from the Northwest Colorado Council of Governments. For more information call Jacque Mattics or Clare Doll at (303) 670-8299 or Sandy Blaha at NWCCOG, (970) 468-0295 ext. l 10. NW COLORADO CITIZENS MEETING ON GROWTH . Agenda Committee ! STATE of COLO12AD0 NORTHWEST REGIONAL SMART GROWTH PLANNING PRE MEETING CITIZENS WORKSHEET INTROI9UCTION - Smart Growth Planning is a grass-roots local effort to bring the state's governoring bodies--from the Governor to local Mayors and Coianty commissioners--into "Partnership" with the general public to develop a guide to handle the inevitable population growth within the state of Colorado. Colorado's economic strength, environmental and social climates are very attractive to people looking for opportunities--and many. are selecting youur neighborhoods, some should be selecting less popuiar areas--to fulfill their dreams. You can have a direct voice in setting guidelines affecting ALL aspects of life evolving around population changes at the region planning meeting April 26th. Planning is a tool available to help maintain the quality of life for local citizens, and has been effective in several states. The initiative in Colorado was started by our Governor Romer in January of this year. The guidelines he offered at the first state meeting are to encourage and enable individuals (all state residents) to collaborate with each other on community goals, values, needs and recommendations relative to their life styles, lively hoods, and economic & educational systems. This citizen-based plan is being developed first on a local then on a regional basis. The first step is for local citizens to come to a consensus of opinion. The second step is to bring this information to the region. Each region wi11, in turn, decide how to interact with other regions and determine common values, goals, needs, and recommendations on how their locaUregional plans fit into the larger over-all-state-wide plan. Tlie collective information will be fed into the Governor's office to help guide policies and legislation needed to carry-out the locaUregional plan, thus, the state plan. There is a wide and varying range of pianning activity in the region. Some planning groups have been actively working for a long time, some are interacting; other towns and areas have had no activity. The April 26th meeting will provide an opportunity for those with no planning activity in process to get a lot of facts on the planning process and to learn from the experiences of those "in-process". Those" in-process" may also see possible areas of duplication or opportunities to join forces with others. The volunteer planning committee--interested and concerned citizens--_encourages your attendance and community participation. Page 1 of 2 0 0 Page 2 of 2 - "4-Wall" D~ORA1~ GUID]Eb.IlN]E A"4-`3'all" planning guideline--your "local and regional house"-- was introduced by Governor Romer at the January 26th meeting. This visual concept has been selected by the planning committee to set the mood, stimulate discussion and generate ideas at the regional meeting. An area adjacent to the large meetinc, room has been selected to house this diorama. Each community, town, county is encouraged to bring pictures, maps, planning materials, artifacts to demonstrate visually the make-up of the northwest region of Colorado. The items you bring should illustrate the following: Tlie WALLS, THE ROOF - The FRONT WALL: You--the people- possibilities, projects, parhners; existing growth plans. This wall will mature as the result of this meeting. The LEFT WALL: The condition of the house is, the environment and ecologv, i.e., landscape, plant life, species, trails, forest plans, etc. BACK WALL: The heritage, a historv of the past 3 generations of people, education, business, social styles. What life experiences have contributed to whom and what you are today. The RIGHT WALL: The economic vrtality, c»lture, quality of life, and infrastructures-- transportation, communication, industries, business, services, community support groups (emergency and volunteer), water resources, land, and historic preservation. The ROOF: The Master Plan - This roof will be developed together--a plan to protect the house. Set up times: 5:00 p.m. to 9:00 p.m., Tuesday, April 25th 7:00 a.m. to S:30 a.m. Wednesday, April 26th We have the following spaces for your materials: 28" X 40" easels (limited number) 24" round tables • Free standing: floor space approximately 24" - 30". Walls: plenty of space (plan on attaching with velcro tabs or duct tape--NO tacks) Sponsoring professional display company and committee personnel will be on hand to help with setting the diorama. For further information regarding space and sizes contact Jacque or Clare at: 303-670-8299. (Includes a 24-hour answering machine.) I ~ NORTHWEST COI.ORr1D0 CiT(ZENS MEETING Or1 GRCWTH WEDNESDAY AFR1L 26, 1995 ; s aM. - 5 P.M. ' Marriott's Vaii Mountain Resort ' 715 Lionshead Circle, Vaii Registration fee: S24!$25 at the door Who. Should Attend? RES7CE^i5 Oi Crar*d'. C1ear Ci'eek. Giic'f1. tcr'.^C. car'1f1'1li, Lake, Eag;2, ~.;inifl, Garreld, Rio B;anco, McrG:. ;=cautt and Jacksc^ Ccuntiec. AN INVITATION TO PARTICIPATE Come ta the meetir,-- ff ycu cara 2bcui c~~v~t: , and you wart to DO scme!hinC 'co maintG:^ our qLality cr IiTe. Be prerared to: • shc-re ir.{crmatian and iceas •«ka responsiciiity for future ac'.ian CONVEIVFRS The Counties of G.'.rC. '-le3r C~eek, Gi;pin, P;rk, Summit, Lake, Eas(e, Pitkm, Gafe(d, Rio Blanco, MGff6t. Rout; a;,d Jacfcscn Roaring ;cr.c Fonsm, Nor.ywe.st Colorado Ceuncil of Gcvernmer-its, C1ub 20, Colc, ado litountain Callege. Coloradc Fural Deve!opmem, Cauncii AGcVDA C;z2tir.g a Local Visicn - a Fane? Lur.c^ ; 1715C:.1.SSiQf1 • Kc YtiG i c ADCRESS - Goverr:cr Issue Ereaicout Sess;ers Romer lssue Brcakou; Sassicns Wrap Up •re~is~t;cr, ;im~ed fo ~CC pecple• •p/esse =py and c;~culate :his fcrrrr -~'tGG1STr24TIQN NOR i!-!wEST COLORALDO Ci i;ZLc-NS MEt i iNG ON GRO\N? H _ Apri126, 1995, Maric;:'s Vail Mountairi Resor, Namels Organizetio^ fir apofi~b!e) Maiiing Acdress. Phone Fax Regissaticn Fee: 520 per perscn -'-y Apri'l 141th; $25 st2rting Aprii 16th or at the door. Make check payable to Colorado Mountain Collage. Amour,t Enciosad:S Mar1:0: Ccicrc.'o ~Vcuntarn Co/lege - AI'Le^t,cr Tbr,i Black, F.O. Eox 10,001, , Glenwoctl Springs, Cc/orado 81602. For in;~r,a~ior, on s&iclarships 2rd hote!s to re-uest alternative fcrmats, or ;o be a c..^rmioufing sponscr calf: Ucrthwes: Colo; adc Ccuncil of Govemments 303-468-0295x 113. 0 0 Apri16, 1995 Pi~-~s~ Dear Exciting and challenging things ;~LlSI n! One of the greatest opportunities--state-wi( )y Governor Romer this past January. We, the volu; )rt, would like you . to join us in a two-step activity 9 a.m. - 5 p.m. The first step is to make a conta ~e regional meeting. Comprised of 13 counties, 500+ people could show up. We plan to cover this cost with registra- tion fees, public money and contributions from private businesses. Although an individual decision, we have asked towns to kick-off with a$100 each, resort recreation businesses are putting in $500 each; and utilities, gas companies, banl:s, etc. are ranging from $500 to $2500. Commitments by April 15th and checks by April 20th would help us provide "sponsored registrations" for the economically limited communities. An additional $2500 would pay for juice, danishes, coffee for early arrivals (some have quite a drive), and coffee breaks in the morning and afternoon. Some of you could get together on this. The second step is to show up with your neighbors, friends, AND your thoughfs, observations and ideas. The Governor wants to l:now where you are and what you need and want. He'll be there with some of his cabinet as "listening partners." Let's give them specific information. This is a rare occassion, a prime opportunity to truly direct outcomes of a grassroots planning process, and the ultimate impact it will have on your business. Make your checks pavable to and mail them to: [another sponsoring-in-kind-partner] Colorado Mountain College Attention: 1'oni Black P O Box 10,001 Glemwood Springs, CO 81602 Call Jacque Mattics/Clare Doll at (303) 670-8299 or Eric Johnson at (970) 963-3790 for more information. Sincerely, ~ Ja ue attics Private sector contributions TOWN OF VAIL . . Input/Inquiry Response 1Zecord The attached comments were recently received by the TovAn of Vail. We encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE COlVCERNS WTTHII~T FIVE WORKIVG DAYS t1ND RETURN THIS COMPLETID FORM TO Pt1M BRANDIVIEYF.IZ. DEPARTNIENT TO HAIVDLE IlVQUIRY ` INDNIDUAL TO HANDLE INQUIIZY ~ DATE TOV RECEIVID IlNPUT/INQUIIZY I 1355 TYPE OF INPLTT / INOUIRY: PHONE CALL (indicate date) LETTER (attached) ~~u X G9wG,u~. (~u,~ c,J~"i-d ~t~w ?1~.4u¢.~~v,`~-e ~ ~ ~ uJ ~ mtp-n~ • `4-c*-" RESPONSE CARD (attached) TYPE OF RESPONSE (check one,): " LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONSE OR AIVSWIIZ TO IlVOUIlZY: DATE OF RESPOIVSE FORNT RETURNED BY DEI'ART1TENT 'TO I'AM BRAIVDNIEYER: A mpy of this inquiry and form will remain on 61e at the TOV Community Relations office. As soan as this form is cetumed to Pam Bcandmeyer, this inquiry will be aonsidered dosed. - 'Il-fANK YOU FOR YOUR'IIMELY HAWLIIVG OF'IHI.S LSSUE ff YOU HAVE ANY QUFS'170NS, PI.FASE FEEL FREE TO COMACT PAM BRANDMEYER A7' 479-2113. NrK-bo-7~ 5Hl b4:17 P.e2 0 ~ ~ d ~ C11lS4~asv d'so R+dAEEPHlfLp ESSd dSERRHiVdI RoJWW Ag~GEWOODg NU 07450m2017 Apggl 3 o 1995 Gengbemema . I have gecently returned from a skiing vacatiaB9 in Vail and am greatly disappoianted at the lack of security in your parking garages o I am aware tFaat the loc:al qarages disclaisrt any responsibility for events in the garages8 but gor the px'ice one must pay to park there, someone should have responsabalitye &Th3.le parked in the Laons Head parkirag gacilityp and havbng dinner ~ - - ~[--~e-of-the- inca~-g'est~u~csnts, two hub-ca~as a~ere removecl f.a:om ~y . - - - ~ - ~ ~ vehicleo Ac1d~t~eraally, anot hr~v~~ic~~ ac~'ass ficom min~ kaacl ts" _ trunk 09spru. ng°° and sat fhere wgth its g alarm cl ~ ~aot ~ tgurx~ te ~hi~ ~ respondeci to this g~oiseo Bdeedless to sayo area in ordler to not loose the remainiaag twm hub capso ' i U While there, ]C gead in your newspaper the item concerning the tkarowing of red paant on a vi.sitog ° s ftax coat and the item regarding the planting of skis and snow boards about town to tempt ~ thefte From my experience, it seems to me ghat thers s2aould be some security prowided in the qarages o There was an 9.ndividtaal ~ placing wagnieag notices on vehgcles illegally parked in the walk- . throughWays in the pagki.ng garages w2ao bndicated, ewen though these areas were marked 91no parkingOP was unabbe to issue anything but za wagninq o %was told they cauld not issue tgcketso Why, o because it ffii.ght kaurt the t4urist business? ooesn°t it ur g slci.s s ol n o~ b u s imss to have ~'ed paint throsan on y ug coato Yo I in my case, any hub caps stolera. x fouaaci ~he attitude of the local police when Ireported this to be" placatingo % was gold, % guess ydu need a police report number to., report ig to your instarance companyo No, I dd not need apolgce repoxt numbere % reported this incident becatase it is one of thegt. Or is it, because it took place in a gagage that says it is not gesponsible for the automobiles parcked withiaaD that makes it OIC t gthaught Vail was a nice placeo Aiow I have my d4ubts. iiery truly y0uxs, : i~ 3eara M. Cheesman cC e CYaambeY' og CommerCe ~ vAn, vaLLEY ~ Tourism & Comvention Bureau 100 E. Mcadow Dr. Va11, CO 81657 TRANSMISSION COVLR SHEET DA.TE: . TO. COMPANXT:Orv~7 Di . - FAX#: `~-1~. ~\c.~~-=- - - - : - _ - - - : - . FROM: ~ COMPAIVY: Yail Valley Tourism & ConoeQtion Bureau FAX#: 30347"008 PHONE#:303~I76-100Q EXTENSIQN:~ TOTAL NUNH FR OF PAGES INCLUDING CO'VER SHEET: ME AGE: ~~S i ~ , , IF YOU DID NOT RECEIVE ALL PAGES, CONTACT 303476-1000 C'rmral Rrcrrvatinns 800-52$-3875 Crouv S21es 303479-2360 . Busincu Oftice 303476-1000 I v~,f ~ 1 ~ ~ `Mti L` . ~l . COmI'rlunl$y T%'l,iSt , 1101 8th Street I N S T I T U T E Glenwood Spnngs, Colorado 81601 Responding to and Managing Change p Preserving cmd Enhancing Community ~ : ~G%w? April 10, 1995 ~ The Honorcrble Peggy Osterfoss Town of Vcul c%: Bob McClaurin, Mcmager 75 S. Frontage Road West Vcul, Colorado 81657 Decir Mayor Osterfoss, We would like to invite the Town of Vcril to become our partner on a project which will reseairch cmd document the effects of beyond-normal growth cmd chcmge on community vcxlues cmd the social fabric of small towns. We wcmt to discover how established working fcunilies with community ownership ccro stop the shift towcird becoming a commodity to serve new wealthy immigrcmts. We hope to empower communities to solve the conflict created by the sudden cmd rapid pace of the urbcm immigration into small towns cmd assist towns in discovering ways they ccro save themselves from losing their community and becoming urbcro second home suburbs. Our non-profit orgcmization, the Community Trust Institute, is in formation to tackle this tough problem cmd offer assistcmce to small towns facing overwhelming chcmge. We have attached a copy of our proposal for your information. On May 10, Community Trust Institute will convene practitioners cmd philosophers in the field of community in Glenwood Springs to discuss the problems facing small tov,m.s ir, the Rccky rAountcnn region. Pa:rticipcmts will be asked to ideri+.l{y Cmd d1SCUSs the causes cmd impacts of rapid chcmge cmd growth on community life cuid how they affect community values cmd quality of life. The highlight of the day will be a dialogue cIInong pcirticipcmts designed to explore solutions beyond the boundciries of those contemplated now. The symposium will be conducted in a roundtable discussion with 15 to 20 invited pcirticipcmts cmd will be open to the public to observe the dialogue cmd at structured times, to interact with the invited pcirticipcmts. The results cmd ideas expressed at the symposiuin will be published for distribution through the media cmd upon request. T'hese participants have confirmed their crttendcmce: o The Honorable Dcmiel Kemmis - Author of Community cmd the Politics of Place PHONE (303) 945-5912/920-9283 FAX (303) 9455989 ~ . and Mayor of Missoula, Montcma ¦ Milcm Wall - Co-Director of the Hecatlcmd Center for Leadership Development - cm orgamization created to empower small town communities in the Midwest to create their own futures ¦ The Honorcrble Debbie Jarcanillo - Mayor of Scmte Fe, New Mexico and advocate for the rights of long term community residents ¦ Jim I:ochhead, J.D., Director of the Depcfftment of Ncrtural Resources, Stcrte of Colorado and wcrter crttorney ¦ Raye Ringholz - Journalist and author of Little Town Blues - Voices from the G`hcmain_g West ¦ Ed and Betsy McQSton - Publisher and Editor of the High Country News ¦ Luther Propst, Executive Director of the Sonorcm Institute and coauthor of Creating Successful Communities: A Guidebook to Growth McmaQement Strate_qies and Resource Guide for Creatinct Successful Communities ¦ Bill Lcanont, Murray and Lamont, former Plcuining Director of the Cities of Boulder and Denver ¦ Jim Kent, J.D. - sociologist and President of Jcunes Kent and Associates - a firm providing geographic mapping and social cmalysis services to cffeas in the process of major chcmge ¦ Kenny Frost, Archeologist cmd member of the Southern Ute Ncrtion ¦ Chuck Klingenstien - Land Use Planning instructor crt Utah State University and student of the Tcx Reform of 1986 ¦ Ted O'Lecay - former Mayor of Glenwood Springs, Colorado and advocate for regional approaches to resort cffea problems ¦ Frcink Peters - former Aspen City Councilmcm and advocate for the preservation of the working class within changing communities The Honorable Peg Toft - Mczyor of Kremmling Colorado Dr. Michael Briand, of the Kettering Institute and Trinidad State Community College We hccve invited the Honorable Bill Hedden, Grrnid County Commissioner in Moab, Utah but have yet to hecir from him. We hope the symposium will create cm opportunity for leading philosophers on this issue to meet and discuss the problems of small towns, what the foundation of the problem is and to uncover new ways of thinking and approaching community thcrt - have the potential to mend the wounds now occurring in smcrll towns in the Rocky I - Mountmn region. We believe that this discussion has fca reaching implications cmd although we plcm to focus on specific localities, we expect our work to have fcQ reaching effects on how we view community in our culture. We would like to ask Vcul to assist this effort with $1500 to cover pcffticipcmt's expenses at the symposium cmd help fund the documents that will be published for this event. Colorado Mountcun College has donated their Spring Valley Ccunpus facilities for the event, the Hotel Colorado is giving us a great rate cmd the "Fxtended Table" soup kitchen will be providing a simple lunch. We cffe seeking additional funds from other sources including $1500 from Pitkin, Garfield cmd EagTe Counties, the Cities of Aspen, Glenwood Springs cmd Vcul cmd $1000 from Basalt cmd Snowmass Village. At this point we have fincmcial commitments from Rocky Mountcdn Naturccl Gas ($2200), the City of Glenwood Springs ($1500), the Colorado Association of Ski Towns ($500) cmd a commitment pending from the City of Aspen, Pitkin County, Snowmass Village cmd a local bcmk chain. None of the money donated will go to salcaies, all of it will go to direct expenses for the symposium cmd for the printing cmd distribution of the work coming out of the symposium cmd the trust. Although we eventually will need to fund stcdf for this project, at this point we a[re working on getting the word out cmd clcmifying the problems cmd directions we need to look at. National Geographic has expressed an interest in covenng the conference. We aire also contacting PBS. After the recent cffticle about the symposium in the High Country News, we have been receiving calls cmd interest from all over the country. We think this is a mcuvelous opportunity to establish the Western Slope of Colorado as cm institute to serve the issues of strengthening communities cmd to explore new ways to cope with community stresses. We believe our work will have implications that will reach beyond small towns cmd give us ways to make our public lives more effective cmd positive. We wot;ld be happy to meet vjith your Town Council to explcan our concept in more depth cmd to croswer any questions you might have. Thcmk you for considering a partnership with Community Trust! Sincerely yours, , • 17 Leste Klusmire, AICP, ASLA Tom Baker ~ COMMuli I "r~t T~~U ~ T ~ ~ ~ s T , T U- 1 ~ 1101 Eighth Street, Glenwood Springs, CO 81601 303/945-5912 Fax 303/945-5989 VUhat is Communi Trust? Comm °°fl'rust is a nonprofit institute being forr_ied to offer assistance to small communities experiencing rapid growth and change. Our study area is Colorado, Utah, New Mexico, Arizona, Montana, Idaho and Wyoming. Our focus is on understanding what causes change and how change and grouith effect community - both positively and negatively. We want to assist communities to p*epare for, direct and work.with change so that it addresses community needs and enhances the social fabric that is the unique to thei, iocal area. Communitv Trust addresses the problem of Communitv vs. Commodity In small towns across the Rocky Mountain region, working members of the community are no longer full participants in their community life. They are now treated like commodities shuffled around as variables in an economic equation. The backbone of American democracy has been the working members of the community. Working families were the traditional foundation of the community social structure and political life. They maintained local property and business ownership. In the later 1980's, the beneficiaries of the economic shift occumng during the "Reagan" era and the new freedom of movement created by communication technology allowed high income families and individuals to look at living in the rural Rocky Mountain states while maintaining their urban ties and incomes. The second home market boomed in numerous small towns with regional effects on the housing markets and infrastructure. The roie of the working families in small community began to shift toward being a commodity for new wealthy immigrants. We have observed these impacts on small Rocky Mountain communities: ~ IVew people move into established communities with no understanding of local values, customs and traditions, and perhaps no way of discovering them. D. New arrivals transfer their urban values to. rural areas and as a result established community values are not respected ~ There is an increased demand for services - new arrivals expect the urban services that were available in their city homes D There has been overwhelming change - too much, too fast, "Everything seems for sale" ? Property values and the cost of living has spiraled upwards • ? There is an increase of speculative investment and absentee ownership ? Local business and residents are pushed out ? There is a shift from ownership to the management class in downtown business (this impacts community involvement by the business owners) ? 1"he volunteer ethic erodes toward favoring monetary donations over the gift of time ? Working families are housed in "employee" housing in order to accommodate the needs of the new community ? Community members respond to overwhelming change and growth by saying "no" to everything that resembles development Our Res nse Commwvty Trust will research and document the effects of beyond-nornial gxowth and change on community values and the social fabric of small towns. Through personal interviews and small group discussions, we will engage residents in dialogue in the course of everyday life to discover: • What effect does growth and change have on the satisfaction of small town residents wzth their community? • What actions have been taken to preserve what people like about their community during periods of rapid growth and change? What has been most successful? What has not been successful? Why? , • What ideas have not been carried out? • Whai mistakes - resulting in unacceptable situations or conditions - have beeri made in addressing community change ? • How has growth and/or change been destructive to the valuable qualities of commwvties? • What good things can come from rapid growth and change? • What can we do Mth existing policies and structures so the better serve communiry members and enhance community life? 2 In addition, we w711 analyze the impacts of: 0 7ihe ?nistoty of hoom-busg cysle in our study area: Is tourism more resilient that resowce extraction industries, i.e., mining and timber, or is tourism just another iteration of past economic situations? o 'I[he umpact o$' dae 'II'ax Iltefonn Act of 1986 and how it helped to create the cutrent boam. The Tax Reform Act of 1986 effected the Rocky Mountain Region by creating more discretionary wealth for upper income individuals. 1he Act reduced the tax rate to 28% for persons with annual incomes over $192,000. In theory, this reduced tax burden was intended to increase the investment in business and industr), of upper income persons and create new jobs for working Americans. However, the Act did not work as planned. In 1987, the stack market fell over 500 points in one day and it appeared that investment in business and industry, through the stock market, was not the most prudent investment option. Many upper income persons instead invested in precious metals, art and real estate. The Rocky Mountain region became an attractive second home area for the wealthy urban dwellers. Consequently, the cost of property and hosing in the this region has increased dramaticaily since 1986. ~ 'Ilhe ?ongevi4y of 4he newest imnmigBation erduced sma&1 tovvea grovth boom; is it just equity refugees or is there a fundamental shift in settlement pattems? Is the Telecommuting trend influencing the influx of professionals into small towns - what is the real effect of the "lone eagle"? Is the small town allure just a temporary retreat for bumt-out urbanites? Where are the baby-boomers going neart? Is this a genuine search for "quality of life" or jLLSt another fad? o Eow does ouir eWftuW trAtion of mo`ing from place to glxe in search of abetter llIlfe effec4s to the degradation of cornmunity:' Americans have had a tradition of relocating thai started '"ith pilgrims setting sail for a new ]and in search of religious freedom. Most families in the U.S. todav are here because they or their ancestors were unhappy with wfiere thev grew up. ~ Although transienc}, is seen as right, how does it effect community, particularly in regard to small town social systems? Are there ways to integrate immigrants in away that honors small town traditions of neigbborliness and the classless social structure that characterizes most small towns in the West? o Are dere new modells for coraimunity, public life an? decision maidng 4trat srraaYl towns can adopt go bypass de goli6ca? paralysis that unvades areas endergoing rapid change, described most thougfitfully in Daniel Kemmis's book, Communitv and the Politics of Place as the "stalemate." 3 Comminity Tnst defines growth and change beyond increasing population, and includes economic stratification, transient populations moving farther and farther away from employment centers due to high housing costs, the erosion of the community social fabric. demands for urban services from new residents and the distress created by rapid growth and change. We believe that ihe answers lie inside the problem and the people exTeriencing the problem, not from outside experts alone. Community members should be empowered to make the connections between what may appear to be fragmented issues, We want to assist community members in uncovering their own inherent insights into the deeper meanings of their concerns and observations. Uncertainty and conflict is welcome, it is fertile ground for testing ideas and linking relationships. Interactive, exploratory dialogue encourages testing of ideas and allows community members to sort out the realities and foundations of issues so they may begin to form effective responses. This approach is along the lines of thought most recently ekpressed by the Kettering Institute in their report -"Meaningful Chaos". 4 r Work Pz-o,gmm T'he flisg phase of the project will be spent investigating the history of the boom/bust cycle in the Rocky Mountain Region and the general effects of the Tax Reform Act of 1986 and telecommunicating on the region. In the second phase of the project, we will investigate at least one region in each of these three states in the study area; Colorado, New Mexico and Utah. We will spend two months in each.community interviewing residents and studying the history.of the area to deternune commwvty characteristics; their evolution as well as what changes have occurred - historically and currently. We intend to use local community members to identify contacts and help broaden our community outreach. Upon cou'cluseon o$' ~second phase we wIl piyb9ish ow- firechngs wsd conpare and contrast change and uts effects gn the duw sonureuni6es studied. The tWrd phase will evaluate trends to detennine if a boom/bust cycle is ending, beguuiing or continuing. Wi11 these new arrivals stay? This trend analysis can be used by communities to determine where they are in the cycle of growth and change. We will also identify possible solutions to this multi-faceted problem, based upon the exWriences of different communities. It is our intention to put these potential solutions in their proper context so others may understand why responses worked for a particular community. We can then provide assistance to small towns on techniques to deal "lith growth and change, and ways to preserve the community's social fabric and small town quality of life. We proMse to offer assistance in these areas: , Il. &"s4aNesh a cleatinghoase of ideas, resoumes and erfomxafion avaiYable to small . tOwns'y 2. Offer corsailtation senices to srrall towns frorn ore or both of dhe co-drEStors or aMiliated expeatsg 3. II&M se?ected sma9? towns thmu.gh a pmcess wwch empowers residents to identify. what they 9ove aboart theHr community, what diey cbnl lilce, vvhat they w~t to keep that appears e ered by gmwth; whaY pmgrarrffi can be cuEaWd to preserve the qualities 8hey wang to 9reep; and pmeess and assist A;th star4ing and raiaintainirg tfiose ptvgrarm. This pmeess coea9d &e offered thmugh a niwchirg grant competition sirWlar to the 'NWHstree$" . program 4. ~ ~ program and publish workbooks and 6nfommtion wWch prcpams snmfl towns to ImMe aErecg gpv-Ath and ctarge. 5 ~ 1994 and 1995 Work Pro=m cop!Q I. General A. Research 1. Investigate the history of boom/bust cycles in the Rocky Mountain Region via oral history and nevNspaper articles, as well as industry and company histories. 2. Document the general effects of the Tax Reform Act of 1986 and the creation of wealth and its disposition via census infonnation reports, articles and other publications. 3. Track the telecommuting trend to detennine its likely present and future influence on this region via census infot-mation, reports, articles and other publications. II. Community Reconnaissance and Findings A. Identify distinct study areas for intensive analysis (exarriples: Montrose, Colorado; Moab, Utah; Espanola New Mexico) B. In each of the three intensive study areas: 1. Research ne,~i-spaper articles and local historical publications look for pattems of similar events, conditions and perceptions. 2. Identify each community's geographic/cultural area of influence 3. Identify who mierated to these areas historically and currently by demographic characteristics and time period; and if possible, identify why and w-hat atvacted them to this particular area? 8 . 4. Through interviews and historical research, identify the characteristics, values and lifestyle of the community and how it has changed through the various boom/bust cycles. VVhat issues and concems were raised during that periQd of time - and if any attempts were made to prevent, control or direct change. 5. Tlvough interviews identify what is changing now and how the community perceived this to be differing or the same as past cycles. 6. 'I1u-ough interviews identify possible community based solutions to current problems. 7. Prepare a report on the findings in each study area for review and comment by participants and residents. " C. \1Vith the assistance of participants and residents from the stl.idy areas; identifi, policies, progranm and changes that could address the problems in ways that would benefit and preserve existing community and incorporate new residents into the community fabric. Evaluate the appropriateness of each suggestion and develop a program that works for the individual community. D. Write and publish findings in book format. III. Ouveach Concwrnntly with resecarh, reconr~ssw7ce cvzd frndings stage: A. Begin building resource librarv of articles, books, videos, training pacl:ages, other service in.forniation agencies and networks, for loan small communities. Publicize availability of information and resources. B. Research publish and distribute monthly newsletter. The purpose of the newsletter is to build netvvorks and communicate resources and ideas to ,communities ehperiencing rapid growth and change. Content: Short and concise articles ahflut wfiat is going on in Racky Mountain communities both in tenns of impacts and actions to address change and growth. , 9 C. Establish computer bulletin board for networking among small communities. D. Hold May 1995 Symposium - Community Values, Change and Growth and Quality of Life: Deepening ow understanding of Community. At the conclusion of with researh, reconncASSCmce cmd findings stage: E. Distribute publication on findings from reconnaissance and findings stage. F. Offer consultation services to small towns from one or both co-directors, or assistance from appropriate experts. G. Offer a competition to small towns for concentrated services from Communit}, Tnist. Selected small toAm would be empowered to identify their regional geographic areas, identify the qualities and characteristics of their community that seems endangered due to rapid growth and change. Identify what they love and characteristics they would like to change about their communities, create and implement programs to help direct change so that it enhances the quality of life of the community. H. Create and offer an annua] training prog?-am to prepares small town residents to handle and direct gxo«th and change. 1. Publish workbool:s and information pamphlets addressing the methods we develop and inforniation for disti-ibution to small toNNns. 10 ~ 0MMJ! 8 IT°p ilil(UST fl ro 5 •P fl T U T F 1101 Eighth Street, Glenwood Springs, CO 81601 Diabgue Participantso The Honorable Danie0 Kemmas, author of Community and fhe Politics of Place and ANayor of Missoula, Montana. MBBan Wa1B, Co-director of The Heartiand Center for Leadership Development, vuorking to empower small communities in the Midwest to create their awn futures. The Honorable Debbie Jaearnallo, Mayor of San4a Fe, Newr Mexico and advocate for the rights of long-term community residents. Raye Rongho9z, journalist & author of Litt/e Town Blues - Voices from The Changing West. BieB Larnon4, Murray & Lamont, former Planning Director, Cities of Boulder and Denver. J6m Lochhead, Director of Natural Resources, State of Colorado. Ed and Be4sy Marrsgoea, Publisher and Edi4or of High Country iVews. Luthep Props8, Executive Director of the Sonoran Institute, co-author of Creating Successful Communities: A Guidebook to Growth Management Strategies, and Resource Guide for Creating Successful Communiiies. Jim Ken4, .D.D., sociofogist and President of James Kent and Associates, a firm providing geographic monniny a'?rl cnr-i-ml analicic ccniiCcc. tn arQac in tho n?n,~cec nf m?inr rhannc Kenny Fros4, Archaeologist and member of the Sou4hern Ute Nation. Chuck K6engenst6en, Researcher at the University of Utah on Grovvth Management Issues in the Southwestern Region; Summit County Planning and Zoning Commission Member. Tea1 O'Leary, former Mayor of Glenwood Springs, Colorado and advocate for regional approaches to resort area problems. FPank Pe4ers, former Aspen City Councilman and advocate for the preseniation of the working class writhin changing communities. The Honorable Peg T'mft, Mayor of Kremmling, Colorado. DP. Rflichael Beiand of the Kettering Institute. How 4o reguster ov get enore onfocmateone - P/ease check fhe appropriate box(es) below and prinf your name, mailing address and te/ephone number(s) in the space provided. Requested information will be sent promptly! ? I want to attend Community Growr4h and Change on AAay 10, 1995. I am enclosing my check for $50, which includes a continental breakfast and simple lunch. Please send me a schedule and map telling me how and when to get there. ? I would be interested in subscribing to Community IVetworks, a quarterly newsletter and informatien fors!m en growth and change in small Rocky Mountain towns. Please send a sample issue. Name Town Address City State Zip Phone Fcix PIease reYurn 4his form 40: Community Tpus4 Ins4i4u4e / 9109 Eigh4h S4ree4 / Glenwood Springs, CO 81609 970-945-5992 CC)MMUjNjjrj Tj"(US7f I I I j r J Community Trust is a non-profit Institute being formed to offer assistance to small communities experiencing rapid growth and change. Our study area includes Colorado, Utah, New Mexico, Arizona, Montana, Idaho and Wyoming. We focus on understanding what causes change, and how change and growth affect community - both positively and negatively. We want to assist communities in preparing for, directing and working with change so that it addresses community needs and enhances the social fabric that is unique to each locality. We don't have the a n swe rs yet. Practitioners and philosophers in the field of Community will convene on the campus of Colorado Mountain College in Glenwood Springs on May 10, 1995 to identify and discuss the impacts of rapid change and growth on small towns. Community Growth and Change: Deepening our understanding , of what is valuable in small town life - The symposium will be in dialogue format: key participants will talk with each other and explore questions that, as yet, have no apparent answers or solutions. The dialogue will push beyond any one individual's understanding to search for insights ihai cannot be achieved by individua/ effort. We hope to discover the foundation of the problem and uncover new ways of thinking about and approaching community - approaches that have the potential to mend the wounds now occurring. We believE this dis?ogue i'las I'ai=reaching impiicatians: !t coufd have extended effects on how we view communiry in our culture. The results and ideas we uncover will be published for distribution through the media and upon request. Due to the unique, intimate format of this dialogue, the symposium audience will be limited to 100. P/ease register nowe Don't miss out! dd e4 TORW OF VAIL 75 South Frontage Iload Vail, Colorado 81657 . 970 479-2100 FAX-970-479-2157 F0R IflflMEDDATE RELEASE April 11, 1995 Contact: Jody Doster, 479-2174 . Transit Operations Coordinator SP~ING TO9! BUS SERVICE RIJNS A?PRIL 17-IVId4V 26 (Vail)--The Town of Vail implements its spring bus schedule starting April 17. The schedule, which runs through Niay 26, maintains free service on the in-town shuttle from Vail Village to Lionshead, and provides limited coverage on the outlying routes. As in the past, frequency is reduced from the winter schedule. The in-town shuttle will run from 6:30 a.m. until 11:00 p.m. daily with 10-to 15-minu4e intervals. Frequency on the outlying routes will be shortened to two-hour intervals. The West Vail route will run from 6:45 a.m. to 6:45 p.m.; East Vail will operate from 7:45 a.m. to 7:45 p.m.; Sandstone from 7:15 a.m. to 7:15 p.m.; and Golf Course/Ford Park will run from 8:25 a. m. to 8:25 p. m. Late night service for the.outlying routes will be offered from 10:45 p.m. to 12:25 a.m., according to the posted schedule. The spring schedule uses three buses per day and nine drivers. That compares to 22 buses and nearly 70 drivers in the winter season. The summer schedule, which begins fViay 27, will use five buses and 20 drivers with hourly service on the outlying routes. (more) Spring Bus Schedule/Add 1 • For additional information on the spring bus schedule, call the town's 24-hour bus schedule line at 328-8143. Vail's bus system is thought to be the largest free operation in the country, carrying more than three million passengers per year. # # # ~ . . , ' . _ • , : 2:4' .~I . ~s .Y.~:}...; ~ ~ ~ • :V , . : : . : ;~+`C.T.,i.v ~ ;t :<i.iiwao < A ~~~4'3.'~ . ~n:.:~.::.:::.::..~:>{. : . .......m::;:.;:. . . . waas::woc~•'a'i&:~::»:xmv:wH:1F: 6:45A - 6:45P Departure Times From the TRC: 7:45A - 7:45P 6:45A, 8:45A, 10:45A, 12:45P, Departure Times From the TRC: 2:45P, 4:45P, 6:45P 7:45A; 9:45A, 11:45A, 1:45P, Transportation Center (TRC) :45 3:45P, 5:45P, 7:45P Veil Municipal Building :47 Tran rtation Center (fRC) :45 Concert Hall Plaza :48 Aspen Lane :50 Cascade Crossin :50 Booth Falls :51 Cascade Vill e. :52 Falls At Vail :53 • Macterhom :55 Pitkin Creek Park :55 Ptarrru :57 Lu ine / Bi om Road :56 Underpass :59 Columbine / Bi om Road :57 ' Intermountain :01 Streamside Circle :58 Meadow Creek :02 Timber Falls :59 Undapass :04 Rac uet Club / Mtn. Meadows :pp S ruce Creek :OS Bi om Park :01 ~ Cascade Villa e :07 Meadow Lane / Meadow Drive ;02 Cascade Crossin :08 Meadow Lane East :03 Concert Hall Plaza :10 Main Gore / Juni r :04 • ' Vail Municipal Buildin :11 Main Gore / gi om _p( Transportation Center (TRC) :15 Racquet Club Townhomes ;07 . Bighom Road / Streamside East :pg ;::::::>;::'•:>:':>;::;::»::»>':::<~>:<:::::>:<:«: Columbine / Bi om Road :09 ~+t »•i:,.::r~ i•::::<:;»:<:>:>>;::>:::<::::::: .•:•:x::..:::~>:~:o>s;:.:_::::::,:::: ~ . ~ ~:.,.,.,....,..,~,..:..v....,,• ' ...:~;.,;:~w:.:,~:.::•»':.::.:;.;;;.:>:::.::~:z:.:z::<>:<:»»;;;;;:;;.»:::>~:~><«<i>: Vail East Condos :10 7:15A - 7:15P . Pitkin Creek Park : I 1 Deparhire Times From the TRC: Falls At Vail. :12 7:15A, 9: i 5A, 11:15A, 1:15P, Booth Falls :14 3:15P, 5:15P, 7:15P Bald Mountain Road :15 . Transportetion Center (TRC) :15 Transportation Center ('I'RC) ;25 , Sandstone School :17 ~ Red Sandstone Road :I 9 CY#~;~:3~':<~~D~,RSFI.~'QR~~~ Vail View / Red Sandstone Road :20 8:25A - 8:25P Sandstone Creek Club :21 Departure Times From the TRC: ' Simba Run :22 8:25A, 10:25A, 12:25P, 2:25P, Vail Run ' 23 4:25P, 6:25P, 8:25P Timber Rid e :25 Tran rtation Center ('I'RC ;25 Post Office :26 Hanson Ranch Road ;27 lWest Vail Mall :28 • Golden Peak ;28 Chamonix :30 Soccer Field .29 West Vail Lod e • :32 Ptarmi an West :30 Vail Das Schone :33 Ptarmi an East 31 Buffehr Creek :34 1448 Vail Vall Drive :33 Tber Rid e :37 1610 Sunburst Drive :34 School :39 Club House ,36 portation Center (TRC) :45 1610 Sunburst Drive ;37 Ford Park :39 . : : : : : : . ~ : : : : : : : : : : : : : . ~ : : ~ . _ : : : : : Tran rtation Cente sp~ r (IRC ) :45 > De arture 'I'imes From the'I'RC: ~TI~;S7['E3JP~;~~::~'>~?:~::D~ • :3>.:» . . ~ . ~..~rF.E~# . . . • . ...a.~ :;:;`:;;:i:~:::::'?:~i';••.';":.::.. . .~S ti......:::.;;;;::•::~: . : P:. ; : . : : ~;+~'.Qf~~:.~:~;:.... . . ' ~ .::::::;`<2;~: ~:::.::22:::•':;;::i:.>:.:;.:.;:.: Wese Vail Red 11:15P : ~JS >:>;«:::;>:::;s.'"`>`:;`{<:";..:.:,<:,:::.,_:: CsO~f COUf'SC 1 Z: ZS A ~4~Y. ~$~:',~'~.'St.'I.1!~f ~€~TI'~'~. llN-TOWN SHU'II'7C]C,]E . . ~ . . . . ~ ~ ~ : . ~ . ::\:i:::: v : v........... +.iY: ~;.p•:::: ~ ~:.:i':.: : :::i::::i':::ti:::iii::i: i:::::::'r:::.: i?:::i:i:!::~:::::: . n..... y~y~ ii:~iYiivi:;i:;::;:';i:%i~ ~Y41 ::::.i.<;..:.:.:~ :::i::::f::: 12::t~#1 dd A~ TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970 479-2100 FAX-970-479-2157 FOR OMnflEDDAT[E ~~~EASE April 11, 1995 Contact: iViike Mollica, 479-2138 Acting Community Development Director TOWN OF VAIL SPONSORS TFDIRD ANfdllAL COfVSTRUCTBON KoCF(-OFF NIEETIIVG p?PRIL 13 (Vait)--The Town of Vail will help launch the construction season again this year through sponsorship of a"kick-off°. meeting for contractors, architects and others interested in Vail's construction process. The meeting is scheduled for 6:30 to 8 p.m. Thursday (4-13) in the Council Chambers. There, representatives from 4he town's building division, Public Works Department, Fire Department and others will be on hand to offer tips and other guidelines to help avoid costly delays and other inconveniences. Information on permits, inspections, fees and other regulations will be discussed, including updates to the Uniform Building Code and conditions required by the American Disabilities Act. The kick-off meeting was introduced in 1993 to help integrate improvements in the construction process and increase communications between town inspectors and contractors. Since 4hen, the number of problems on construction sites has decreased, said Mike Mollica, acting director of the Community Development Department. "14's in everyone's interest to work as efficiently as we can, particularly because of the short (more) Construction Kick-Off/Add 1 construction season in the core areas," Mollica said. Vail's building permit activity shows 114 permits issued for the first three months of the year with a valuafion of $11.6 million. For the first quarter last year, 59 permits were issued totaling $1 million. The figure rose to 615 permits totaling $42.4 million fot all of 1994. For more information on the construction kick-off meeting, contact the Community Development Department at 479-2138. # # # b ~ ~a e4 T0W1+1 OF VAIL P.O. Box 567 Department of Police Vail, Colorado 81658 (303) 479-2200 April 11, 1995 Ms. Lynda A. Goldstein 472 Columbia Denver, Colorado 80206 Dear Ms. Goldstein: I am in receipt of your letter to our Mayor dated March 20, 1995' as it relates to the closures of I-70 eastbound over Vail Pass. We appreciate your comments and concerns and would like to assure you that we share them with you. It should be brought to your attention that the Town of Vail and the Vail Police Department are spearheading an effort to seek solutions and/or alternatives to the problem. The Police. Department has implemented an I-70 closure plan that should get us through 'the remainder of the season and is coordinating efforts with the Colorado State Patrol, Colorado Department of Highways and the Eagle County Sheriff's Department to reyiew long term solutions. We hope to have this process completed before our next winter season. Should you have any additional comments or questions, please feel free to contact me directly at (970) 479-2210. Sincerely, TOWN OF VAIL j:h:e::th H. Hughey _ KHH:lw „ ~L4--' 0 R~ ~tE; w~ci~ ~,PR i > ! ~ n z~~ . : y Rfl~s. F ~a< t? . ~MaRCh 20, 199 5 f . . LyNdA M. GOIdSTEIN - DEAR MAyOR OSTERFOSS: LnndscnpE DESiGn 472 AS A REIATIVELy IVEW RESIdENT ANd TAXPAyER Of ThE VAIL VA«Ey COMMUNITY ANd A ColuMbine fREQUEIVT COMMUTER bETWEEIV VAIl ANd DEIVVER, I IiAVE TO SAy TIiAT I IiAVE bEEN VERY DENVER PLEASEd SO fAR WITIi ThE OVERA« ATMOSPIiERE Of TIi15 COIVIMUIVITy. COIORAdO 80206 ThERE IS, IiOWEVER, A MAJOR PRObLEM TIiAT hAS bEEIV REOCCURINq IN ThE IAST COUPIE Of 303. MONTI-I5. IT. IS ThE INHUX Of SEMI-TRACTORS, TRAILERS ANd 1$-WIiEELEd TRUCICS OVER ThE 329.3566 VAIl PA55 ON SUIVdAy AfTERIVOONS ANd EVEfVIIVC~S. FOR fIVE OUT Of ThE IAST SEVEIV WEEICS VAIt PA55 IiAS bEEN CIOSEd, NOT dUE AS MUCIi TO bAd WEATliCR COIVdIT10NS, bUT TO ThE PIlE-UP Of TI-IESE VEIiIClES TIiAT ARE NOT AWE TO MAkE IT OVER ThE PASS. FOR MOST Of ThE NORNiA[ SkI TRAffIC, ThE ROAdS ARE PASSAbLE. ONE STUCIC TRUCIC, IiOWEVER, SEEMS TO RUIIV tT fOR EVERYONE EISE TI1AT COUld NtAICE IT. I ASSUME TIiAT WITIi C[ENWOOd CANyON OpEfV TIiERE IS A MORE dIRECT ROUTE • TIiRROUqIi; IiOWEVER, TIiERE SIiOUld bE SOME CO(VTROt AT PEAk Ii0UR5 ON SUNdAYS SUMMER ANd WIIVTER, IT IS AN ENORMOUS ANd UNNECESSARy INCOIVVENIENCE TIiAT COUld hE PRO(}FRI.V, h.^.P2d(C:1.. SINCEREIy, ,t LYNDA M. GOLDSTElN I 4VAIL TW~I O75 South Frontage Road Vail, Colorado 81657 970 479-2100 FAX-970-479-2157 FOR &flAAlIED9ATE RElLEASE April 11, 1995 , Contact: Larry Grafel, 479-2173 Public Works Director TOH COItlSII RU`1A UIOItl 66WOU ILIItlE" BEGINS P'1rRIL 07 tlO PROVIDE 24-WOC11f'd IIt9FO OItl ItlIAJOPS DItlFRPoSII RVe9CTWJRE PROJECTS (Vail)--The Town of Vail will activa4e a new information line next week that will connect callers with the latest information on detours, potential delays and other summer construction activity throughout town. The construction hotline number, 479- 2477, will be accessible 24 hours a day writh recorded information on.such projects as the roundabout, residential street reconstruction and several bridge replacements, among others. The information number will be activated April 17 and will be monitored by the Public Works Department, said Larry Grafel, director. "This will be one of the biggest construction seasons for the town since the transportation center was built in 1989," said Grafel. "By providing as much advance construction schedule information as we can, we're hoping to lessen some of the inconveniences for our residents, businesses and guests," he said. The round-the- clock information line also wrill include the name of each project manager and a phone number. The 1995 cons4ruction season gets underway on April 17 with the beginning of two town projects: the roundabout and Covered Bridge renovation. iVext week's roundabout schedule includes the relocation of 4rees and other off-site work to be (more) Construction Hotline/Add 1 followed by site clearing and full construction operations by the 24th of April. The general contractor for the $2.2 million roundabout project is B&B Construction. Traffic delays will not exceed 15 minutes throughout the construction process, Grafel said. At the Covered Bridge in Vail Village, workers will prepare to install a bypass pedestrian bridge on April 19. Then, the following week, a crane will be used to lift the original bridge off its support. The $100,000 project will include rehabilitation of the bridge's timbers, replacement of girders and decking, abutment improvements, installation of pedestrian guardrails, drainage work and streambank improvements. The general contractor.is G.A. Western of Palisade. . On April 24, workers will be returning to Chapel Bridge in Vail Village to complete that bridge project. The bridge replacement work, which began last fall, will require closure of the bridge from April 24 to May 26. Traffic will be detoured to West Forest Road and Beaver Dam Road. In addition, a detour sign will again be posted at the intersection of Vail Road and South Frontage Road. The remaining work includes installation of paver sidewalks, stonework on the columns, drainage, concrete approaches and landscaping. The general contractor for the $540,000 project is G.A. Western. Other projects to be included on the hotline number include the Pulis Bridge (golf course) replacement and street reconstruction in the Golf Course and Matterhorn areas. In addition, Grafel says the information number will provide updates on several other projects, including the installation of Upper Eagle Valley Consolidated Water and Sanitation District's (UEVCWSD) water line along the South Frontage Road. For more information on the hotline or specific construction schedules, contact Grafel at 479-2173. # # # , 1 ~ ee e4 TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970 479-2100 FAX-970-479-2157 MED9A ADV9SORV April 12, 1995 Contact: Suzanne Silverthorn, 479-2115 . Community Information Office !lA~L TOWN COUNC9L HICHL@GFITS FOR APFt~L 12 W0rk Sessuon Bruefs Council members present: Johnston, Lapin, Navas, Ostertoss, Shearer, Steinberg, Strauch --Joint Work Session with Eagle County Commissioners and the Avon Towrn Council Participants heard a first quarter progress report from the newly reorganized Vail Valley Tourism and Convention Bureau. The presentation highlighted three committees: the Vail Valley iViarketing Board, Commission on Special Events and Activities and the Finance Committee. Mayor Peggy Osterfoss encouraged the County Commissioners and Avon Town Council members to participate in ongoing discussions regarding assessment of the WTCB program and its processes. Avon Council members said they wanted to hear more about the WTCB program during an upcoming Avon Council work session. Also during yesterday's joint meeting, the group talked briefly about the feasibility of funding the Gypsum-to-Vail bus system beyond April 16 and citizen efforts to create a Rlovember ballot issue for a permanent regional transportation funding source. Participants were reminded of a follow-up transportation summit meeting scheduled for , today (4-12). --Review Proposed Open Space Land Use Plan Changes The Council began preliminary review of 16 parcels of land, most of which are owned by the Tovvn of Vail, and have been identified by various planning studies for reclassification within the town's Land Use Plan for open space. The process includes amending the Land Use Plan first, and, as a second phase, consideration of rezoning about 40 parcels. Several properties on the list, for examplA, arA.r!assified..;n.±he overall land use plan as residential, although the anticipated future use of the property is open space. In that case, the reclassification would reduce development potential on the parcel, preserving it as open space. During yesterday's review, the Council decided to wait until more information is provided before moving forward with the process. Some Council members expressed an interest in maintaining the exis4ing land use designations. A reviewr of protective covenants and site visits to selected parcels . (more) ~ Council Highlights/Add 1 . will be scheduled for the April 18 work session. The recommended Land Use Plan changes will then be presented to the Planning and Environmental Commission on April 24. The process for the second phase, proposed zoning changes, will include a recommendation from the Planning and Environmental Commission and a series of public meetings before final action is determined by the Town Council. The rezoning phase will include approximately 40 properties. For more information, contact Russell Forrest or Jim Curnutte in thE Community Development Department at 479-2138. --DRB Report During a staff report on the April 5 meeting of the Design Review Board, the Council reviewed and reacted favorably to the Serrano's redevelopment project. The project has been modified to meet conditions of approval by the PEC, DRB and Town Council. For details, contact Andy Knudtsen in the Community Development Department at 479- 2138. --PEC Report During a staff report on the April 10 meeting of the Planning and Environmental Commission, the Council voted 7-0 to call-up approval of a major exterior alteration to allow for the expansion of La Tour Restaurant and the Gotthelf's Gallery and a conditional use permit for a modification to the outdoor dining deck of the Village Center Building. Council members expressed concern about the number of parking spaces on the property. The application will be reviewed by the Council at is May 1 evening meeting. For more information, contact Andy Knudtsen in the Community Development Department at 479-2138. --OtherNail Valley Consolidated Water District Request The Council authorized the Vaii Valtey Consolidated Water District to proceed with planning for construction of an underground pump station on town-owned land at Dowd Junction extending to the old town shops. The project will undergo a"courtesy" review by the town's Design Review Board. The water line will be leased from the water district by Vail Associates for snowmaking. In exchange, the water district and VA have agreed to install a restroom and drinking fountain at the Dowd Junction site to be accessed eventually by those using the Dowd Junction bike path. Future plans call for development of a park on the property. The site currently contains several small cabins just north of the interstate. For more information, contact Greg Hall, town engineer, at 479-2160. --Information Update The Council authorized a$200 memorial contribution in the name of Pete Edrington. Council members received an update'on the "random act of kindness" program suggested by local resident Elaine Kelton. On April 8, from 2:30 to 4:15 p.m., the town offered parking structure patrons an unannounced, complimentary day of parking as a goodwill gesture. Donated revenues by the town totaled $4,025. The Council (more) . : e Council Highlights/Add 2 suggested including the private sector in the next effort. For more information, contact Assistant.Town Manager Pam Brandmeyer at 479-2113. Town iVianager Bob iVicLaurin reported that eight assault weapons have been registered with the Police Department by residents within the Town of Vail. The registration deadline was April 9. For more information, contact Town Attorney Tom fVioorhead at 479-2107 or Sgt. Joe Russell with the Police Department, at 479-2249. An update on the community survey was presented. As of April 11, 376, or 10 percent, of the surveys had been returned. The deadline is April 17. Council members urged residents to participate in the survey process, as important policy decisions will be shaped by the survey's results. For details, contact Suzanne Silverthorn at 479-2115. Town Manager Bob iVicLaurin said the Covered Bridge renovation project begins next week with placement of a temporary pedestrian bridge on April 17. Repairs to the landmark bridge will be completed by fViay 26. For details on the project, contact Public Works Director Larry Grafel at 479-2173. --Council Reports After an update on the Sister Cities program, now known as the Vail Vafley Exchange, Merv Lapin and Peggy Osterfoss were appointed by the Council to serve on the 13- member board of the newr non-profit organization. For more information, contact John Horan-Kates at 845-9200. Merv Lapin gave an update on discussions between the Town of Vail, Vail Associates, the Lodge Tower and The.Lodge at Vail regarding the town's interest in creating an underground delivery system. Lapin said the discussions have been positive and are continuing. Peggy OsterfosS said the Eagle Valley Leadership Coalition has offered to continue facilitating public-private discussions on the issues of regional transportation and affordable housing. Council members offered support for the effort. Tom Steinberg suggested #he town focus its state lobbying interest on creation of a fixed rail system from Denver International Airport to Glenwood Springs, rather than a line from Leadville to Glenwood Springs. Steinberg said the issue would be discussed at the local transportation summit meeting scheduled for today (4-12). # # # 1d e4 TOWNOF VAIL 75 South Frontage Road Yail, Colorado 81657 970 479-2100 FAX-970-479-2157 FOR IMMEDYAT'E R[ELEASfE . April 13, 1995 Contact: Susie Combs, 479-2178 TOV Volunteer Program Coordinator TOV ANNOUNCES "ADOPT-A-PATF9" PROGRAM: KICK-OFF SCHEDULED FOR NvAY 6 (Vail)--The Town of Vail is extending its community volunteer program to include a new effort aimed at keeping the town's trails and bike paths free of litter. The "Adopt-A- Path" program will be launched May 6 when community volunteers join TOV employees for a comprehensive clean up of the town's key bike and pedestrian paths. Recruitment of groups and individuals for the year-round community effort is currently underway. The idea was first presented to the town by Bob Moroney, a manager at the Vail Athletic Club (VAC). "We just thought it was an opportunity for us to do something for the town and the community," said Moroney. "We'll all benefit and it will free up TOV staff to concentrate on other areas." He says the program will take very little effort for the VAC staff, probably 20 to 30 minutes per clean up. "Our staff has agreed to support the plan as it's a great opportunity for us to go out for a walk and accomplish something at the same time," he said. The Vail Athletic Club has adopted the streamwalk path between the Covered Bridge east to Ford Park. Following the initial cleaning on May 6, the VAC crew will make daily sweeps of the path to keep it free of trash and to report (more) Adopt-a-Path/Add 1 any maintenance-related items, Moroney said. Moroney has agreed to assist the town in encouraging other businesses and individuals to adopt paths of their own. "I feel it sends a positive statement to everyone when they see businesses 'pitching in' to assist in keeping the town clean," Moroney said. "It says we're all proud of our community and want to take that extra effort to keep it clean. I.would also encourage core area merchants to adopt the areas fronting their shops to assist in keeping the town free of litter." Susie Combs, the towri's volunteer program coordinator, said the town has identified 10 sections of recreational trails from East Vail to West Vail which could be adopted by volunteers. Those sections range from a third of a mile to a mile long. She said the town will provide trash bags and tools to assist in the partnership. Combs says she's hoping all 10 sections of the paths will be adopted by the May 6 kick-off. "Our goal is to get the initial clean up of the paths done on May 6 and from that point on, it will be the responsibility of the group or individual to clean the path as needed," she said. . If you're interested in adopting a path, please contact Combs at 479-2178, or Bob Moroney at the Vail Athletic Club, at 476-7960. # # # Please Note: The annual town wide clean up day is scheduled for May 20. For details on this event, contact Paul Reeves in the Community Development Department'at 479-2138. s d~ ) ~fassL -lo adJtzn-s c4o~&t-f 19ounLtion 1129,Fast 19t4 o¢venut 'LJenvet, eD 5021S April 13, 1995 Ms. Pam Brandemeyer The Town of Vail 75 South Frontage Road West Vail, CO 81657 Dear Pam: I am enclosing a package of information on the Jeff Campbell Celebrity Golf Classic to Benefit Project Challenge. As you read the literature you will.learn what Project Challenge is and how this golf tournament can allow Project Challenge to expand the services it provides to the courageous patients at The Children's Hospital in Denver. Once you have become familiar with Project Challenge and the Jeff Campbell Celebrity Golf Classic, I would like you to consider the Town of Vail becoming a sponsor. The tangible benefits to the Town of Vail are outlined in the proposal, but the other benefits they would receive as a sponsor in the areas of enhanced public image from seeing how their sponsorship of this event will improve the lives of children, far outweighs the monetary request. In addition, the monies raised from this event will be spent in Vail conducting the Tournament and throughout the year with the Project Challenge children. The Tournament will also bring a group of people to Vail to enjoy the many amenities Vail has to offer and to spend money in the many shops and restaurants. All these help to support the reasons why the Town of Vail should consider a sponsorship package at this event. Jeff and I look forward to the opportunity to meet with you and anyone else from the Town of Vail in person to answer questions you might have. I will contact you to arrange a meeting. Until then, if you need to contact me, I can be reached at (303) 783-9633. I hope you agree that a partnership between the Jeff Campbell Celebrity Golf Classic, Project Challenge, and the Town of Vail as a sponsor will benefit all parties. Very ly yours, Richar E. Collier Tournament Director Encl: . . . ~ A Proposal to The T'own o f Vail for sponsorship o f the Jef f Campbell Celebrity Gol f Classic to benefit Project Challenge June 18-19, 1995 Vail, Colorado Jef¢ Campbelfl Celeb~ity Golf CYassic To Benefit Pgoject Chaflle~~~ ~ ~ONcEPT The Jeff Campbell Celebrity Golf Classic will be an annual event beginning in 1995 to raise funds for Vail-based Project Challenge, a recreational therapy program for cancer, burn, handicapped, and HIV-positive patients of The Children's Hospital in . Denver. The goal is to create an annual, upscale golfing event which would attract 100 participants and raise $30,000 in the first year for Project Challenge; with the potential to grow into a multi-day event of national prominence. LOCATa~NIDATE The event will be staged June 18 & 19, 1995, at the Vail Golf Course and the Marriott Vail Mountain Resort. These Vail locations take advantage of Jeff Campbell's hometown popularity and support the upscale nature of this event by providing participants the opportunity to experience the many amenities of the Vail Valley. O1ZG ARTIZA'd'IORT/FO IZMA'B' An event planning committee, which includes Jeff and Stacy Campbell, Rick Collier, Dan and Gracie Goodwin, Bob and 1Vancy Stone, and staff from The Children's Hospital Foundation, have begun to organize the event. Rick Collier, whose experience in organizing golf tournaments spans over 20 years, will be the tournament director and will develop a committee structure which will be responsible for event management, financial management, securing sponsorships, participants, and celebrities, and for production of all print materials. The format for the jeff Campbell Celebrity Golf Classic will be a four-person scramble with one celebrity in each foursome. The event will include a cocktail reception, banquet and silent auction the evening before the tournament, one night's lodging, continental breakfast and golf followed by lunch and an awards presentation. Prospective participants for this tournament are corporate executives, sports and media celebrities, and individuals interested in supporting Project . Challenge. Potential sponsors for the tournament include major corporations in the Rocky Mountain region, businesses in the Vail Valley, and other companies interested in supporting Project Challenge. JEFF CAYVIPBELL Jeff Campbell grew up in Vail and is a local hero to many in the Vail Valley who remember him from his playing days on the Battle Mountain Huskies football team. As a senior, he was the team's leading rusher and the state record-holder in the 100-meter dash. As a walk-on at the University of Colorado, Jeff was a stand-out wide receiver and punt-return specialist who set the CU school record in punt- return yards and made an artform out of the "end-around." Jeff was drafted by. the Detroit Lions and played there for four seasons. This past summer Jeff came home to Colorado and played his first season as a Denver Bronco. He has been welcomed home to Colorado and to Vail with open arfns by his many fans, and now he hopes to give back to the community through his involvement with Project Challenge. PROJECT CHALLENGE Project Challenge is clvse to Jeff Campbell's heart, for this program was established in memory of his college roommate and good friend, Sal Aunese. A star quarterback at the University of Colorado, Sal succumbed at the young age of 20 to cancer. Inspired by the outpouring of love and support which surrounded and sustained Sal during his battle against this devastating disease, Gracie Goodwin, Golden Peak Children's Ski School Manager and mother of Jeff Campbell, established Project Challenge to help children battling an uphill fight against cancer. The spirit, self-esteem and confidence that was kept alive in Sal by his teammates is now being spread to youngsters from throughout the Rocky Mountain region being treated at The Children's Hospital in Denver. Begun in 1991, Project Challenge is coordinated by Gracie Goodwin and Sandy Morrison, Director of Major Gifts of The Children's Hospital Foundation. The program has expanded to include not only kids with cancer but also burns, physical handicaps, and HIV. Project Challenge provides these courageous children with a skiing experience designed to complement their medical treatment by fostering self- esteem, fun, and normalcy in their lives. Since its inception, over 300 children have participated in Project Challenge. r SIPON~ORMAIZ'II'ICgPAN'g' ]PACIKAGES IfrewnBringlB'stie Spon~~ $15,000 Presenting sponsorship designation and use of logo in all print materials, nine Special T'eams Packages, full-page ad in the tournament program (location of sponsor's choice), banner on the first tee and scoreboard, special recognition at the banquet and at the awards presentation, and recognition by The Children's Hospital. ~ponsor $5,000 Banner on the golf course, six Special Teams Packages, half-page ad in the tournament program, and recognition at the banquet. I?efense Spossop S1,2M - Signage on golf course, three Special Teams Packages, listing in the golf program and recognition at the banquet. Specrri~l Teams Package $300 per person One night's lodging, cocktail reception, banquet and auction followed by continental breakfast and 18 holes of golf the next day which includes cart, range balls, player gift, lunch and awards presentation. cCoaches IPackage for Accoeapaaeysye~ Guests $100 p~ pmon One night's lodging (same room) with golf participant, cocktail reception, banquet and auction, continental breakfast and lunch/awards presentation. Traainang 7('able Paa~~~ SW per person Banquet-only package to allow participation of non-golfers. . (~(~~~;'~ED AT~R 1 -7 19V Transpo~ation Commission of Colorado W. 4201 East Arkansas Avenue Denver, Colorado 80222 C4.," N,~'TIE N\•~\N' (303) 757-9207 FAX (303) 757-9717 ~ PETE M. MIAELEZ Chairman,Nonhglenn APr'il 13, 1995 WM. R.'BILL' HAIGHT Vco Gw'oman. Stear+boat Spri^8s GERALD PAO(vSORE Oc1,vor FLODIEANOERSON Go1den aocERCCUCaAFT Mayor of Vail . ^"'°'a 75 S. Frontage Rd. West WM. L'81LL' NEAL Val l F,,, , CO 81657 BERNIE BUESCHER GrandJonctio^ Dear Mayor: CASTELAR'Cas' GARCIA Manassa PETERJ.KING,JR. E3CY1 year, the Transportation Commission of Colorado Colora'°Sp^^gs conducts the Project Priority Programming Process for J0.SEPH'TONY' FORTINO P Y'O rammin P ~ ,,,~,o p g g, selection, and establishment of ro 'ect DONALD G. MORFISON priorities. limon . " GLTMA-Virst phase of the process begins with the optional, individual co~Zinty meetings with Region Transportation Directors and Transportation Commissioners; many of these meetings have been held or will be held within the next few weeks. The purpose of the individual meetings is to work with county and municipal officials, appropriate Metropolitan Planning Organizations (MPO) and the public to discuss project status, priorities, and revisions to the Statewide Transportation Improvement Program (STIP) and/or the Long-Range Transportation Plan. Regardless of whether an individual county meeting is held, from September to May, regional meetings have also been held or scheduled within the Transportation Planning Regions (TPR). Normally, the purpose of these meetings is to develop, review and update the regional Transportation Improvement Program (TIP), review the current STIP and consider requests for new projects at the discretion of the TPRs. Following the regional meetings, the Statewide Meeting, convened by the Transportation Commission, is held to discuss the recommended changes to the STIP. However, since the 20-year Colorado Transportation Plan has not been adopted by the Transportation Commission and approved by the Federal Highway Administration and the Federal Transit Administration, "policy" changes will not be made to the STIP. Therefore, please be advised that the Statewide Meeting, scheduled for May 17, 1995, is cancelled. The Department of Transportation Statewide Meeting April 13, 1995 page 2 will continue to operate under the currently approved STIP until the 20-Year Colorado Transportation Plan is approved and until the new STIP is developed based upon the approved Plan. We appreciate your continued participation and if you have any questions concerning this process or the STIP, please contact the Office of Financial Management and Budget at 303-757-92.62. Yours truly, Ao~ GLENN V , etary TRANSPORTATION COMMISSION OF COLORADO I X c ~ C~u~,e~k APR 9 7 ~ Strengthening Fa.rnilfles Task Force afl1nOLflY1CeS a lilllllatl Serv1Ce3 Slddllm11 M~~~~g ConneetIlons, erging Coal'itions VVednesday,lVlay, 10, 8:3004prri @ $he Coflorado Rocky Moaantain School, Carbondalc, CO Free adinission and lunch with registration Joiii us for an oppor9,unil.y to: o improve coanmunication in the field of human services; * increase amotuit. of collaboration between agencies; aild e unprove the quality of life within the }'arachute to Aspen region For moi•e i?zformca[ion, call HMC @ 927-1192 . s a J TOWN OF VAIL MEMOR.ANDUM T0: Robert McLaurin Council Members FROM: Judy Popeck DATE: April 17, 1995 RE: Investment Report Enclosed is the investment report with balances as of March 31, 1995. A$750,000 FHLB was purchased on March 2, 1995 with a yield of 6.749% maturing on August 2, 1996. A$750,000 FHLMC was purchased on March 27, 1995 with a yield of 6.789% maturing on August 23, 1996. A$1,000,000 FHLMC was purchased on March 17, 1995 with a yield of 6.200$ maturing on August 2, 1995. A$350,000 FHLB was purchased on March 27, 1995 with-a yield of 6.370% maturing on January 16, 1996. Also, a$700,000 FHLB was purchased on March 31, 1995 with a yield of 6.600$ maturing on May 10, 1996. The estimated average yield for the debt service fund was 5.82$ and 6.51$ for the pooled cash fund. Currently the yield curve for 3 months, 6 months, and 1 year are 5.70%, 5.82%, and 5.99% respectively. Please call me if you have any questions. ' Touvn of Vail, Colorado Investment Report Summary of Accounts and Investments For the Month Ending IViarch 31, 1995 Balances Percentage 03/31/95 of Total Money Market Accounts (see page 1) Commercial Banks $2,665,600 14.59% Money Market Funds $160,138 0.88% To4ai $2,825,738 15.47% . Commercial Savings Banks & Loans Certificates of Deposit (see page 2) Eagle County Institutions 0.00% Other Colorado Institutions $198,000 $198,000 1.08% National lnsti4utions 0.00% Total $198, 000 $198,000 1.08% Percentage of Portfolio in Savings & Loans 0.00% U.S. Government Securities (see page 3) Treasury Notes & Bills . $5,773,389 31.60% GNMA's $77,783 0.43% U.S. Savings Bonds $28,117 0.15% Federat Agency Discount Notes & Bonds $9,365,220 51.27% Total $15,244,509 83.45% Total Portfolio $18,268,247 100.00% Maturing Wi4hin 12 Months . $15,355,445 84.06% Maturing Within 24 Months $1,910,650 10.46% Maturing After 24 Months $1,002,152 5.48% $18,268,247 100.00% 4/17/95 invsmjlp s Money fVlarket Accounts p as of March 31, 1995 --For the Month of March-- Institution Balances Type of Accounts High Low Average 03/31/95 COMMERCIAL BANK ACCOUNTS . First Bank of Vail - Operating , Interest 5.716% 5.233% 5.446% Balance $3,941,636 $2,471,513 $2,919,099 $2,660,468 First Bank of Vail - Insurance ~ Interest 5.716% 5.233% 5.446% Balance $1,066 Colorado National Bank Super Now Account Interest 3.250% General Operating Account Balance $4,066 Total Commercial Bank Accounts $2,665,600 MONEY MAR6(ET FUiVDS First American Corp. Trust Treasury Fund Bond Reserve Interest 5.442% Balance $51,003 First American Institutional Govt Fund - Dana Investments Interest 5.693% Balance $103,446 Fidelity Investment Government Money Market Accounts Interest 5.620% Bond, Issue Reserve Account Balance $5,689 Total Money fVlarket Funds $160,138 Total all accounts $2,825,738 ~ "Account Subject to Arbitrage Rebate 4/17/95 invmmjlp Page 1 ° o - Certificates of Deposit ` as of April 30, 1995 Bank IVame, Location Days to Rates Purchase Maturity Maturity IViaturity Ins Coupon Yield Date Date at Purchase Value BestBank, Thornton Colorado FDIC 7.250% 16-Feb-95 16-Feb-97 658 $99,000 Bank of Greeley, Greeley Colorado FDIC 5.000% 5.120% 16-Jun-94 16-Jun-95 47 $99,000 - Avg Yield 6.185% $198,000 4/12/95 invcdjlp Page 2 4 e - - d • Government Securities as of March 31, 1995 "'Treasury Notes & Bills•" Days to Days Interest Rate Purchase Maturity Maturity to Book Par Type Fund Coupon Yield Date Date at Purchase Maturity Value Value TNote Pooled 4.250°,6 ~ 4.340°,6 17-May-93 15-May-96 1094 ~Y 411 $499,483 ~ $500,000 TNote Pooled 3.875% 6.009°,6 13-Oct-94 31-Oct-95 383 214 $790,425 $800,000 TNote Pooled 6.500°,6 6.553°,6 13-Oct-94 30-Sep-96 718 549 $499,626 $500,000 • TNote Debt Service 5.605% 07-Ju1-94 15=Nov-95 496 229 $1,346,108 $1,350,000 TBill Pooled 6.180°,b 17-Nov-94 27-Ju1-95 252 118 $980,520 $1,000,000 TNote Pooled 6.858% 05-Dec-94 30-Sep-95 299 183 $985,657 $1,000,000 Zero Pooled 7.820°.G 21-Jun-91 15-Nov-95 1608 229 $671,570 $700,000 Average Yield 6.20% ~ $5,773,389 ~ $5,850,000 Average Days to Maturity 276 "'GNAflA'S"• Years to Estimated Interest Rate Purchase Maturity Maturity Years to Principal Pool Coupon Yield Date Date at Purchase Maturity Outstanding - 5803 8.000°.5 8.480% 14-Nov-86 15-Oct-05 19.10 11.00 $26,044 13003 8.000°h 9.500°.6 24-Oct-86 15-Oct-06 20.20 12,00 $22,473 14659 8.000°,6 9.200% 24-Oct-86 15-Jan-07 21.20 13.00 $29,266 Avg Yield 9.046°,6 $77,783 "'U.S. Savings Bonds"' Years to Issue Maturity Maturity Years to Book Maturity Series Yieid Date Date at Purchase Maturity Value Value EE 7.170% 01-Oct-86 01-Oct-96 10.00 1.51 $28,117 $30,000 "`Federal Agency Discount Notes & Bonds"' Days/Years to Interest Rate Purchase Maturity Maturity Years to Book Maturity Agency Fund Coupon Yield Date Date at Purchase Maturity Value Value . - SBA Pooled - Dana 9.225% 26-May-94 25-Mar-2008 13.8 13.0 $104,510 $109,734 FHLM Pooled - Dana 8.352°.6 28-Jun-94 01-Mar-2019 24.7 23.9 $61,391 $66,355 FNMA Pooled - Dana 7.466% 28-Jun-94 01-Oct-2017 23.3 22.5 $88,046 $97,572 FNMA Pooled - Dana 8.305% 29-Jun-94 01-Jun-2014 19.9 19.2 $91,667 $110,531 SBA Pooled - Dana 9.725°,6 29-Jun-94 25-Feb-2008 13.7 12.9 $78,391 $82,749 SBA Pooled - Dana 8.975% 29-Jun-94 25-Jun-2019 25.0 24.3 $105,277 $108,523 SBA Pooled - Dana 9.725°,6 18-Aug-94 25-Ju1-2008 13.9 13.3 $102,334 $109,875 SBA Pooled - Dana 9.725% 29-Jun-94 25-Jan-2008 13.6 12.8 $103,169 $110,088 FNMA Pooled - Dana 7.128°h 27-May-94 01-May-2020 25.9 25.1 $83,772 $100,577 SBA Pooled - Dana 9.225% 12-Ju1-94 25-Jun-2019 25.0 24.3 $105,812 $108,744 FNMA Debt Service 6.912°,6 27-Feb-95 17-Jan-97 1.9 1:8 $284,424 $280,000 FNMA Pooled 6.512°.6 22-Feb-95 17-Nov-95 268.0 Days $480,283 $500,000 FHLMC Pooled 6.062°,6 22-Feb-95 24-May-95 91.0 Days $693,892 $700.000 FHLB P0018d 6.749% 02-Mar-95 02-AUg-96 1.4 1.3 $755,989 $750,000 FHLMC Pooled 6.789% 27-Mar-95 23-Aug-96 1.4 1.4 $733,371 $750,000 FHLMC Pooled 6.200% 17-Mar-95 02-Aug-95 138.0 Days $979,274 $1,000,000 FHLB Pooled 6.370% 27-Mar-95 16-Jan-96 295.0 Days $333,017 $350,000 FHLB Pooled 6.600% 31-Mar-95 10-May-96 1.1 1.1 $700,220 $700,000 FHLB Pooled 6.808°,6 05-Dec-94 04-Aug-95 242.0 Days $995,265 $1,000,000 FHLB Pooled 6.412°,6 26-Jan-95 26-Jun-95 151.0 Days $985,116 $1,000,000 FFC Pooled 6.150% 01-Dec-94 01-Jun-95 182.0 Days $1,000,000 $1,000,000 FHLM Pooled 4.560°,6 4.560% 03-Jun-93 03-Jun-96 3.0 1.2 $500,000 $500,000 $9,365,220 ~$9,534,748 Averege Yield 5.53% Average Years to Maturity 9 Total $15,244,509 4/17l95 invtrjlp Page 3 TOUVN COUiVCIL COMMITTEE/TASK FORCE APPOINTA/IENTS TO: Towrn Council FR: Pam Brandmeyer DA: April 14, 1995 RE: Committee/Task Force Aqpointments This is a list of all committees/task forces to which Council members have been appointed or for which they have volunteered. It is my understanding that all assignments run to the next Regular Municipal Election, November 1995. COMMITTEE/TASK FORCE COUNCIL MEMBERS 1. NWCCOG Tom Stein'berg Sybill Navas, alternate 2. Vail Valley Tourism & Jan Strauch & Convention Bureau Jim Shearer, alternate (formerly VRA) 3. Vail Transportation and Sybill Navas Parking Task Force Peggy Osterfoss 4. CAST Jim Shearer Merv Lapin, alternate 5. VRD/Council Subcommittee Merv Lapin Ken Wilson Paul Johnston Ross Davis 6. Art in Public Places Committee Jan Strauch 7. Special Events Committee Sybill Navas 8. Bravo! Colorado Board Merv Lapin Sybill Navas 9. NWCCOG Water Quality/ Tom Steinberg Quantity Committee Sybill Mavas, apprentice 10. Avon-Beaver Creek-Vail Regional Peggy Osterfoss Transportation Committee Tom Steinberg 11. Eagle County Recreation Merv Lapin Authority Paul Johnston, alternate 12. Town of Vail Housing Authority Peggy Osterfoss Jim Shearer, alternate 13. Channel 5 Board 14. VIP Quality Council Member Peggy Osterfoss 15. VIP Steering Committee Members Merv Lapin Paul Johnston 16. Open Lands Committee Members Tom Steinberg Peggy Osterfoss 17. Vail Valley Arts Council Jim Shearer 18. CAST - Colo. Tourism Advisory Jim Shearer Board Council Merv Lapin, afternate 19. West Vail ANaster Plan Peggy Osterfoss (Vail Commons) 20. Mauri Nottingham Environmental Tom Steinberg Award 21. Lodge at Vail Land Swap Merv Lapin Paul Johnston Bob McLaurin 22. Nail Nalley Exchange Peggy Ostertoss Merv Lapin C:\TCAPPTS.LST ArR 14 '95 13:47 TIMBERLINE_CORP__ 307-733-1465 P.2 Vn:IAGE CEN'I'ER Q:OMM.ERCIA1L 45 Sxn..nNE JacKsoN, WY 83001 (307) 733-7327 , Fax:(307) 733-1.465 April 14, 9995 George Reutlter 'Cown of Vai! Office af Communi#y Oevelopment 75 ~ouch Frentagb R~d Vail, CO 89667 Dear George, _ a . Due ta fiime cons#rain4s and the upcoming summer-tourist season wre will not procceed with the !li11age Center upgeade - remadel prajec4. lwould like 4o thank you and the res4 of the staif alortg with the planning commission for supporting 4his projec4, Very T'ruly ltours, ~ FP~d HIbbePd dd e4 7f'OWN OF VAIL 75 South Frontage lzoad Vail, Colorado 81657 970 479-2100 FAX-970-479-2157 FOR 9nAnAEDIATE RELEASE April 13, 1995 Contact: Holly McCutcheon, 479-2136 Town Clerk APPLICANTS SOUGHT FOR LOCAL LICEIVSBIVC AUTFIORITY (vail)--The Town of vail is taking applications for positions on the Local Licensing Authority (I.LA). Applications for the two-year terms are due Thursday, May 11, with final selection by the Town Council May 16. Three positions are available on the LLA. All are voluntary positions and require members to be registered voters within the Town of vail, have resided in the Touvn of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of vail liquor license applications. The LLA meets the second Wednesday of each month. Meetings normally begin at 10:00 a.m. in the Vail Municipal Building, Council Chambers. The terms of Bill Bishop, Linda Fried and Davey Wilson are due to expire June 1. Newly-appointed members will join Liz Pickett and Don White on the LLA. Persons interested in serving on the board should submit letters of interest to the Town of vail Town Clerk's Office at 75 S. Frontage Road, Vail, Colorado, 81657. O MOUNTAIN uOSI'ICE I I INC. P. O. Box 4432 Vail, CO 81658 April 8, 1995 Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Friends: On behalf of Mountain Hospice, I want to thank you for your donation to the memorial fund of Abe Shapiro. Your gift of $200.00 will be used in the service of hospice patients in the future: We will notify Mrs. Shapiro and Ken Shapiro of your support. You may have seen the following notice from the Shapiro's in the Vail Dailv: Sylvia Shapiro and family would like to thank 'everyone for their cards, donations, phone calls, etc. We couldn't possibly thank all of you personally for your warm and loving kindness. Again, thank you. SYLVIA Cordially yours, Ruth Walker Hospice Manager ti ? X C : C,ot~t~u.e- ~ o - ~ . . . t ~Va1l. . V~~l Associates, 111co Creators and Operators of Vail and Beaver Creek'~ Resorts April 6, 1995 Mrs. Peggy Osterfoss Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Peggy, Many thanks for the dinner the Town of Vail hosted at La Tour restaurant for our friends from the 3 Valleese Although your presence was missed, Jan and Paul were wonderful representatives. The French group left this morning, happy with Vail and Colorado. Best regards, Sincerely, Pete Seibert Post Office Box 70 Vail, Colorado 81658 o USA -(303) 476-5601