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HomeMy WebLinkAbout1995-05-02 Support Documentation Town Council Evening Session VAIL TOVVIV COUNCIL EVENING MEETING T4~ESDAlf y 6VIP'i U 6y 1.795 7:30 P.M. VN TON COl1NC1L CIiAMBERS AGENDA 1. CITIZEIV PARTICIPATIOfV. 2. Consent Agenda. A. Approval of fihe Minutes for the meetings of April 4 and 18, 1995. 3. Ordinance iVo. 5, Series of 1995, second reading of an Animal Control and Carriage Operations Ordinance. 4. Resolution No. 12, Series of 1995, a Resolution Approving and Adopting the Town of Vail Residential Employee liliortgage Loan Program. 5. Town Council Call-Up of the Approved iVew Temporary Sign for the Cor.nice Building Sign located at 362 Vail Valley Drive/Part of Tract B, Vail Village First Filing. 6. Town Nianager's Report. 7. Adjournment. R90TE Q.DPC06iAING MEETIIVG START T'INIES BELOW: (dLL TIP,IES dRE APPROXIMATE AND SUBJECT TO CHANGq 0 0 0 0 0 * 0 TNE R1EXT !/AIL TOWN COUIVCIL REGULAFi WORK SESSION !A/ILL BE ON TUE$DAY, 5/9/95, BEGINIVING AT 2:00 P.M. IN TOV COUNCIL CIiAnJ16=RS. THE FOLLOWING NAIL TOlWPd COUNCIL REGULAF3 WORIC SESSIOM WILL BE ON TUESDAY, 5/96/95, BEGINiVIfdG AT 2:00 P.M. ItV TOV COUNCIL CHAMBEFiS. THE NE3tT !/AIL TOlA/N COUNCIL REGULAF3 E!/ENING wIIEETIPIG WILL BE ON TUESDAY, 5/16/95, BEGIPVPIING AT 7:30 P.M. IN 70V COUPlCIL CHAANBEFiS. ~ @ C:IAGENDA.TC i VAIL TOWIV COUNCIL EVENING MEETING T411ESDP'0N, d•iPl"9IL 18y 1995 7:30 P.M. BRI TOV COUPICBL CHAMBERS EXPANDE~D ACENDA 7:30 P.M. 1. Citizen Participation. 7:35 P.M. 2. Consent Agenda. A. Approval of the Minutes for the meetings of April 4 and 18, 1995. 7:40 P.M. 3. Ordinance IVo. 5, Series of 1995, second reading of an animal control and carriage Tom Moorhead operations ordinance. Bob Slagle ACTIOIV REQUESTED OF COUNCIL: Approve/deny/modify Ordinance No. 5, Series of 1995 on second reading. BACKGROUND RATIOiVALE: This is a comprehensive animal control ordinance that also addresses carriage operations in addition to other animal issues. The ordinance now provides for leash free zones as Council directed. STAFF RECOMMENDATION: Pass Ordinance No. 5 with either the leash provisions as contained in Ordinance passed on first reading or as are presently in effect which require leash control in specified areas of the Town. 8:40 P.M. 4. Resolution No. 12, Series of 1995, a Resolution Approving and Adopting Tom Moorhead the Town of Vail Residential Employee Mortgage Loan Program ACTIOIV REQUESTED OF COUNCIL: Approve/deny/modify Resolution No. 12, Series of 1995. BACKGROUiVD RATIOiVALE: Town Council directed Town staff to work with FirstBank of Vail, develop a program that will provide loans for primary residential property for employees. The property shall be located within the Town af Vail and favorable loan terms will be made available by the Town's pledge of funds in the amount of ten (10%) percent of the purchase price of the individual properties. The properties will be subject to deed restrictions which will guarantee that the properties remain available for residential use by employees. STAFF RECOMMEIVDATION: Approve Resolution iVo. 12. 9:10 P.M. 5. Town Council Call-Up of the Approved IVew Temporary Sign for the Cornice George Ruther Building Sign located at 362 Vail Valley Drive/Part of Tract B, Vail Village First Filing. ACTION REQUESTED OF COUNCIL: Uphold, deny, or modify the DR8 approval. BACKGROUND RATIONALE: At the April 25, 1995, Town Council meeting the Town Council members unanimously approved a motion to call up the DRB approval of a new temporary site development sign at the Cornice Building. The temporary site development sign was unanimously approved by the DRB on April 19, 1995. The approval from the DRB carried with it two conditions: 1) The sign be set in the ground on posts rather than a moveable structure as currently designed, and 2) The sign be removed once the property is sold or by 4/19/96, whichever comes first. The new temporary site development sign request was reviewed by staff to insure full compliance with Chapter 16 (sign code) of the Municipal Code. STAFF RECOMMENDATIOiV: fV/A. 9:25 P.M. 6. Town Manager's Report. 9:1 P.M. 7. Adjournment. . r NOTE UPCOflAING MEET9NG START TI6ViES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) ~ ~ ~ ~ ~ ~ * THE NEXT VAIL 7'OlA/fd COUNCIL REGULAFi WORK SESSION WGLL BE ON TllESDAY, 5/2/95, BEGINIdING AT 2:00 P.M. IN TOV COU(VCIL CHAMBERS. THE FOLL01lV9Nta VAIL TOWN COUNCIL REGULAR WORBC SESSION uVILL BE ON TUESDr4V, 5/9/95, BEGIfVNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VA6L T01NN COUNCIL REGUL.AR EVENING MEETING WILL BE ON TvESDAX, 5/2/95, BEGINNIiVG AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~ ~ ~ ~ • ~ ~ C:UIGENDA.TCE lNORK SESSION FOLLOIN-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1995 Current tliscussions presume a tlecision in 6 months (April '95). VA has 10119 SNO1N STORAGE LAND LARRY/BOB McL: Immediately pursue purchase from VA asked to tlump 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 west. Joe Niacy was in to see Larry again this week. Has taken the lease to VA attorneys to atldress environmental liability issue. 02115 CHUCK ANDERSON YOUTH PAULIJAN: Contact VRD about moving up the selection Met with all principalslheadmasterfand Superintendent of Schools on AINARD process to allow awards to be given during May PRIOR to 3123195, and will continue to follow up on this auspicious beginning to (request: Strauch) graduation or to be included with the graduation create a new scholarship program to replace this previous award. ceremonies. 03/08 UNDERGROUNDING OF UTILITIES LARRY: Create a Master Plan to phase the undergrounding Larry has memo in process. Jan is requesting TCI be contactetl to NiASTER PLAN of ail above-ground utilities within Vail. coordinate their efforts with other utilities. (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 Colorado Ski Museum (Lucy Babcock) for May 28, 1995. Lucy Babcock 2h3/95. "Host" hotel will be the Vail Village Inn. More Coortlinate partnerships in this effort wIVVF, 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. UVe are compiling a combined list to discuss with Larry Kallenberger of Dept. of Local Affairs. This meeting will likely be heltl in approximately one month. 02/21 CHILDCARE/JOHANNES BOB: Johannes has expressed an interest in Steve will follow up wIABC School (Holly Bukacek) since ABC is currently FAESSLER providing/rnaintaining/subsidizing childcare for the "general considering an expansion of their current facilities. Paul will contact public" at the Niountain Bell site. Follow up on this inquiry. Johannes to determine how serious his original offer was. 03/21 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. April 28, 1995 Page 1 of 2 04/04 TOURISM DISTRICT BOBITOM: Follow-up with appropriate process and Bob has con4acQed Jack Taylop and Dave Wa4tenberg 4o se4 up (request: Strauch) legislation to promote and create a Tourism District, meetings. April 28, 1995 Page 1 of 2 PtLI BLAC 1~ OTA~~ ~~TING Tuesdav, Julv 4, 1995 VFlork session IVO NtEETING DUE TO HOLIDAY Evening meeting NO MEETING DUE TO HOLIDAY ~ r MEMORANDUM TO: Town Council FROM: Bob McLaurin, Town Manager Susan Connelly, Director of Community Development Andy Knudtsen, Senior Planner DATE: May 2, 1995 SUBJECT: Financing Options for the Vail Commons Project ~ IntrodluctIlOUn On Apri14, 1995, the Town Council and the Vail Commons task force reviewed the short listed development proposals for the Vail Commons site. In addition to evaluating the site plans, several issues regarding financing options were raised. Staff has discussed these options with Dee Wisor, Town of Vail bond council, as well as Jim Brenner, President of First Western Mortgage. We believe that their perspectives shed light on the Town's options. Attached to this memo is a summary of their input as well as a letter from Dee. 11 Ilssaees to ]fgeso?ve The purpose of the discussion on May 2, 1995 is to answer the following questions: 1. Should the Town finance the project? A. What are the pros and cons of public financing? B. Are there alternatives that are acceptable? 2. Should the Town sell the land? A. What are the benefits of maintaining ownership? B. What is the downside of maintaining ownership? 3. What questions should be asked of deveiopers at this time so that they can research the issues and provide meaningful answers to the council for the interviews to be conducted on May 16? Please keep in mind that rcfining the questions for the developers is one of the more important tasks for the worksession. The extent of the resources which the four finalists can bring to the tabic may influence the positions of the Town of the first two questions. Ensuring that the developers are prepared to discuss these issues in detail is critical. Each of these three questions has been bulleted on the following pages with additionat ~ : information provided. III Summary Dee Wisor has provided the Town with descriptions of six different options for public financing. Most options exclude commerciaL Most require an allocation from the State of Colorado for private acrivi.ty bonds. Many of them have restrictions on income for the residents of the housing. Many of the financing options are not federally tax exempt. The concept of lowering the loan rate for prospective purchasers is not as attractive as previously thought, given that the interest on the bonds will not be exempt from federal tax. Jim Brenner has laid out a conceptual program that would provide financing for the for-sale housing on leased land. Individual loans can be made to prospective home owners, which can then be sold on the secondary market, under the terms of a lease agreement. In this scenario, the Town retains ownership of the land. Staff believes that public financing is not a route that would benefit the project. We believe there are many restrictions placed on any public financing that would have negative implications for the project. f: \everyone\andy\coirunons\council.mem ~ e VAIiL COM1'VAO1'VS QgJESTIONS FOIt COi.TNCI1L- May 2, fl995 A. Shoanfld tIlne Town fia~ance the pro,pect? Options for ublic finance include: 1. Private Activity Bond - General Information a. Only certain types are federally tax exempt b. Private Activity Bond allocation from State required 2. u lified Residential rental project bonds a. Requirements: must comply with 20/50 or 40/60 unit set aside. Cannot apply to "for sale" and does not allow for home ownership. b. PAB Allocation required c. Election not reguired d. Cannot be used for commercial - 3. ualified 1Vlortgage Revenue Bonds a. Requirements: First time buyer, income limits, purchase price limits. Cannot apply to rental b. PAB allocation required c. Election not required d. Cannot be used for commercial 4. 501(c)(3) (Lake Creek/Eagle Bend) a. Requirements: must comply with 20/50 or 40/60 occupancy. Cannot apply to "for sale", and does not allow for home ownership. b. PAB allocation not required c. Election not required d. Cannot be used for commercial 5. General Obligation or Sales Tax Revenue Bonds a. No restrictions b. Can be applied to residential and commercial, but are only available for public purpose. Generally, Town must own, and is limited in management contracts with private companies. c. Exempt from state and federal taxes d. Election required > 1 ~ . 6. Mortgage Credit Certificate Program a. Must apply town wide b. Requirements: first time home buyers, income limits, purchase price limits c. PAB allocation required d. No election required as bonds are not issued e. Cannot be used for commercial f. Town working on this proposal already Option for rivate finance includes: 1. Potential program with First Western Mortgage a. Applies to "for sale" housing only b. Deed restrictions pertaining to Employee Housing acceptable to the mortgage company. In the event of foreclosure, Town has the opportunity to redeem the loan. If not, EHU restrictions expire c. Long term lease conditions acceptable to the mortgage company. Must be "long tenn," i.e. 99 years. Must be a minimum of 5 years longer than loan. In the event of foreclosure, the bank would take title to the improvements under the tenns of the lease. The lender would not take title to the land. d. For individual loan to be sold on secondary market, FNiV1A (Fannie Mae) must approve Vail Commons project. Many add '/4 percent to loan rate. e. Colonial Savings got federal approval of similar "leased-land" project in Aspen. First Western of Aspen was local contact. f. When FNMA sees a 100% owner occupied project, loan rate may actually go down. g. Will need to negotiate agreement to allow extent of commercial in project. h. May require 50% of dwelling units to be pre-sold. i. All of these standards would require a negotiated contract. 2 ~ . B. Shoaafld tflne Tovvn se9ll the Yaundl? 1. Benefits of maintaining ownership a. Future asset to the community b. Monthly lease income c. 1Vlaintain TOV control 2. Down side of maintaining ownership a. Homeowners "deserve" to hold title to ground under home b. Potential environmental liability in the future c. Potential financing difficulties for: i. Commercial ii. For sale housing iii. Rental housing . d. Other ways exist to address Town's concerns about control. For example, right-of-first refusal. Please note: Financing for rental housing on leased land appears to be the most difficult. The other two uses are not as difficult, but are still out of the ordinary. . C. Qauestiouas fou- deve?opers 1. In an effort to summarize key aspects of each of the four proposals, and to allow systematic comparison of the benefits that may be anticipated by the Town of Vail we ask that you revise your pro forma to assume no ($0.00) return to the Town. Use any funds that would have otherwise been paid the Town to reduce rental and sales prices for the employee housing, or increase site amenities accordingly. You should recognize that the Town may ultimately negotiate an arrangement where there is a return to the Town, but in an effort to compare the four proposals we are asking your assistance in summarizing key aspects of your costs in this manner 2. Provide a detailed description of short-term construction financing and long-term financing for both the commercial and the residential portions of the project. The Town is interested in understanding what the financing source will be and wliat conditions will be required. The preferred scenario of the Town is not only to maintain ownership of the land, but to not subordinate the deed. Additional information on this issue was provided to all developers on 3 ~ February 21, 1995 as part of a response to many questions that had been raised. At that time we said that the Town understands that a commercial lender will likely require access to the improvements and to the cash-flow of the site as a condition of financing the project.. We anticipate drafting an agreement whereby the lender would be assured tllat lease payments could be suspended under certain circumstances, in the event of a foreclosure. We therefore believe that access to the deed would not be critical. The Town will be willing to subordinate the improvements and be flexible regarding the lease payments, but will not subordinate the deed. In summary, please list each component of the project, its financing structure, and rank these in order from those that are the easiest to finance to those that are the most difficult. 3. List any concerns the lender may have regarding the employee housing deed restrictions. These restrictions include requirements that the occupants be employees in Eagle County, that resale value be limited to a 3% annual increase, as well as other details that can be found in the deed restrictions. 4. Each developer should list the implications of their financing programs. Specifically, any federal financing programs, such as tax credits, should be described in detail. What is the renter profile that will be occupying these units under the requirements of federal programs? 5. Each team should be prepared to describe how for sale housing can work on leased land, and if unwilling to pursue this approach, be prepared to explain alternatives in your presentation. f:\everyone\andy\commons\tcquest.425 4 ~ RECEIVEC Ar", 2' ~ ,QQr, e . AT7'ORNEYS & COUNSIIARS AT LAW F[RST INTERSTATE TOWER NORTH ,~y 6335EVENTEENTH STREET;SUITE3000 Sher}~an l1~ ~~waIpdL.L.C. DENVER,COIARAD080202 TELEPHONE: 303 297-2900 FAX 303 298-0940 OFFICES IN: COLORADO SPRINGS RENO - LAS VEGAS Apri127, 1995 Mr. Robert McLaurin Town Manager VIA FACSIlVME Town of Vail AND FIRST-CLASS MAII, 75 S. Frontage Road Vail, Colorado 81657 Dear Bob: You have asked us to advise you whether the Town can issue tax-exempt bonds to assist in the financing of the development of property owned by the Town in West Vail. You have indicated that the Town has solicited proposals from private developers to develop the property. The development will include both commercial and residential uses. The residential uses will be both owner occupied as well as rental. As more fully described below, there are some limited opportunities to issue tax-exempt bonds for residential portions of the project, but not for the commercial uses. You should consult with a financial adviser to determine whether the financings for the residential projects are of sufficient credit quality to be marketable. Pursuant to Title 29, Article 3, Part 1, C.R.S., the Town may issue revenue bonds to finance projects for private persons including commercial or business enterprises and residential facilities for low- and middle-income persons intended for use as the sole residence by the owners or intended occupants. We believe that such revenue bonds can be issued without voter approval under Article X, Section 20 of the Colorado Constitution ("Amendment 1") because they are financial obligations ofprivate persons and not ofthe Town. Section 29-3-106, C.R.S., provides that interest on such bonds is exempt from Colorado income tax. Prior to 1986, municipalities and counties could issue bonds, the interest on which was exempt from federal income tax for the types of improvements that may be constructed on the property by the developers. The Tax Reform Act of 1986 substantially limited the purposes for which bonds could be issued to benefit private persons. In effect, federal tax law now provides that the following bonds are "private activity bonds": (1) (a) more than 10% of the proceeds of which are used in a trade or business of any person other than a state or local government and (b) more than 10% of the payment of debt service of which is secured by property used in a trade or business, or derived from payments related to property used in a trade or business, or (2) more than 51/0 of the proceeds of which are loaned to one or more nongovernmental persons. ~ , Sherman & Howard L.L.C. Mr. Robert McLaurin Town Manager Town of Vail Apri127, 1995 Page 2 Pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), interest on private activity bonds is taxable unless an exemption is available under the Code. There is no exemption available for a private activity bond issued for commercial projects under the Code. There are exemptions available for qualified residential rental projects or mortgage revenue bonds. Qualified Residential Rental Project Bonds. _In order to qualify under the Code, the project must, at all times during the "qualified project period", meet either the 20-50 or the 40-60 unit set-aside test that the Town (on behalf of the developer) would elect. The qualified project period begins on the day on which 10% of the units in the project are occupied and ends, generally, on the • later of the date which is 15 years after the date on which 50% of the units are occupied or the date on which no tax-exempt private activity bonds for the project remain outstanding. Under the 20-50 test, at least 20% of the units must be occupied by individuals whose income is 50% or less of the area median gross income, and under the 40-60 test, at least 40% of the units must be occupied by individuals whose income is 60% or less of the area median gross income. The latest median gross income figure released by HUD for the area, i.e., for Eagle County, is $50,600 for a family of four. Individual and area median incomes are adjusted by family size. This works as follows, for example, for the 20-50 test. The income limit for a family of four would be 50% of the area median ($25,300); the income limit for a family of three would be 45% of the area median ($22,770); the income limit for a family of two would be 40% of the area median ($20,240); and the income limit for a single individual would be 35% of the area median ($17,710). Similar 10% reductions would be made for purposes of the 40-60 set-aside. A qualified residential rental project can be a"mixed use project" that has, for example, commercial office or retail space. Under those circumstances, the Code simply requires that the costs of the mixed-use facility be allocated according to a reasonable method that properly reflects the proportionate benefits to the residential units and the nonqualifying property. These types of bonds are also subject to certain Code requirements generally applicable to private activity bonds, such as maturity limits, land acquisition limits, costs of issuance limits and the rule requiring that the project be available on a regular basis for "general public use". There are also a number of other rules that apply specifically to qualified residential rental project bonds, such as what type of arrangement qualifies as a residential "unit",that can be discussed in the context of a particular proposed project. ~ 0 Sherman & ~oward L.L.C. 1VIr. Robert McLaurin Town Manager Town of Vail April 27, 1995 Page 3 Qualified NTortgage Bonds. In order for tax-exempt bonds to be issued for the purposes of providing financing for owner-occupied residences, the issue must meet the requirements briefly summarized below: (a) First-time homebu, e_quirement. The mortgagor cannot have had a present ownership interest in his or her principal residence at any time during the previous three-year period. (b) Income limits. The family income for a mortgagor cannot exceed 115% of the applicable median income for families of three or more, or 100% of the applicable median income for families of fewer than three. The "applicable" median income is the higher of the statewide median income or the area median income. As noted above, the area median income for Eagle County is $50,600, which is higher than the statewide median income. Therefore, the income limit a family of three or more is $58,190, and the income limit for a family of fewer than three is $50,600. (c) Purchase price limits. The acquisition cost of a residence cannot exceed 90% of the average area purchase price. This limit is calculated separately for single-family detached.houses and for duplexes, and for new residences and for previously occupied residences. The average area purchase price limits applicable to Eagle County are $174,062 for a new residence and $132,830 for a previously occupied residence. This translates into the following purchase price limits: $156,655 for a new single-family detached house; $119,547 for a previously occupied single- family detached house; $176,397 for a new duplex; and $121,148 for a previously occupied duplex. (d) Residence requirement. The residence must be expected to become the principal residence of the mortgagor within a reasonable time after the financing is provided (i.e., no second or vacation homes). There are a riumber of other special rules that apply to these types of bonds, but the requirements listed above are the primary programmatic limits. As we discussed, condominiums may be financed, but the rating agencies may impose limits on condo financings as a condition to assigning an investment grade rating to the bonds. Mortgage financing may be provided in particular developments, again subject to rating agency limits. However, if bond proceeds are used to provide construction financing in a development, the bonds probably would be nonqualified private activity bonds used in the trade or business of the developer. , Sherman & Howard L.L.c. Mr. Robert McLaurin Town Manager Town of Vail April 27, 1995 Page 4 As we also discussed, the Town would need to have an allocation of private activity bond volume cap to issue either qualified residential rental project bonds (unless the bonds were qualified 501(c)(3) bonds) or qualified mortgage bonds, The Department of Local Affairs will award the remaining volume cap.following the September 15 relinquishment date. Applications for an award of volume cap will be due in August. We would be happy to assist you with the application process. It may also be possible to issue bonds for some portion of the project which will not be private activity bonds. One approach would be for the Town or the Housing Authority to issue bonds to finance the rental housing. (No election would be required under Amendment 1 if we can conclude that the activity is an enterprise.) Another approach would be to form a nonprofit coiporation to .issue bonds on behalf of the Town to finance the rental project. If the corporation, the Housing Authority or the Town owns and operates the rental housing, then the bonds would not be private activity bonds. This is similar to financings done by Eagle County and the Town of Avon. It also may be possible for the Town to issue bonds to construct housing which it owns and then sell such housing to private parties and pay offthe construction financing. This would not provide any long term financing for the project. We hope this information is helpful. Please call us if you have any questions or comments. Sincerely, . ~ Dee P. Wisor . Stanley M. Raine DPW: SMR:mc ~ TO: Vail Town Council FROM: Community Development DATE: May 2, 1995 SUBJECT: Protection of Designated Open Space Staff: Russ Forrest 0. PV.DRPOSE: The purpose of this vuorksession is to discuss a means of increasing protection of Town of Vail owned parks and open space parcels. The Comprehensive Open Lands Plan identified next steps to better protect Town of Vail open space. An issue raised during the development of the Plan was that parcels zoned as either Natural Area Preservation, Agriculture Open Space, or Outdoor Recreation can be changed by the Vail Town Council. It was also felt that property ouvners may be hesitant to donate land to the Towrn knovuing the Touvn could rezone the property to any existing Tovun zone district. 08. BACK~~OUND: A key next step in the Open Lands Plan was to develop an ordinance or charter amendment that required voter approval before the use of a"designated" open space parcet could be changed. To designate a parcel as open space, the Town Council would pass a resolution identifying a parcel (most likely Town owned) as "designated open space." This could have the effect of freezing zoning on that property in perpetuity unless a majority of Vail voters in a referendum decided to remove the designated open space classification. Staff has contacted the cities of Boulder and Denver to obtain copies of their ordinances on protecting open space and park lands. Boulder has an ordinance that requires approval by both the City Open Space Committee and Town Council before land can be sold (Attachment 1). It also provides a process whereby the general public through a referendum could overturn the Town Council's vote to dispose of open space. Denver as,part of the city charter, prohibits the City from disposing of designated park lands(Attachment 2). If the City would wrant to dispose of park land, the City would have to amend its charter to allow for the disposal of a specific parcel. This requires a vote of the people. Also the Denver Charter states that public property cannot be compromised for other purposes. As a result there is protection of park land from transmission lines and other utility corridors, which could affect park values. Both Denver and Boulder allovu for significant flexibility in providing for a wide variety of uses on park lands and open space. Denver can even change zoning on park lands to allovu for more intensive recreational activities or conversely can place a more restrictive zoning on open lands. However, it is clear that these lands must stay as public park lands ~ Iil. DISCUSSION ITEMS: 1) Options for further protecting designated Open Space: The foilowing are options that have been discussed with the Town Council and the Planning and Environmental Commission that would provide increased long-term protection of Town owned open space. Option 1 Create an ordinance that would require a vote of the people before designated open space could be sold or rezoned to any zone district other than the Natural Area Preservation District. The Council may also want to consider if it would be appropriate to allow a zone change to the Outdoor Recreation (O.R.) without a vote of the people. The O.R. District is very protective but does allow for a variery of recreational uses (as conditional uses). This option could be done relatively easily. However, it would be possible for a Town Council to repeal or change this ordinance in the future. O tion 2 Create a Charter Amendment that would require a vote of the people before designated open space could be sold or rezoned to any zone district other than the Natural Area Preservation District. The Council may also want to consider if would be appropriate to also allow a zone change to the Outdoor Recreation District. This option would require'considerable staff time, a vote of the people, and would open the Town Charter to other potential changes. The benefit of this option is that it would not be possible to remove this amendment without a vote of the people. Option Develop conservation easements (deed restrictions) for properties the Town would want to maintain as open space. This option could be very effective in maintaining parcels as open space in perpetuity. However, depending on how the conservation easement was prepared, it would be extremely difficult to change the use of a parcel to any other use other than open space even if the general public thought it was necessary. . Conservation easements can also be written to sunset after a period of time. This approach would be very inflexible but could be done relatively easily. 2) Options for Designating Open Space: Staff recommends that the Town Council select , specific properties to be placed in a designated status. Staff could assist in recommending parcets for designation using either of the two options stated below: Option 1 Use a set of criteria for designating parcels which are not dependent on zoning, i.e., a) environmentally sensitive lands (wetlands, riparian areas, 100 year flood plain, high geologic hazard areas) b) parks and recreational areas (Bighorn Park, Stephens Park) c) visually sensitive areas or view corridors Option 2 Any parcel zoned Natural Area Preservation (NAP) or Outdoor Recreation (OR) could be considered for the designated open space status. Staff would still recommend that the criteria in option 1 be used to screen which NAP and OR parcels are placed in a designated status. Staff recommends that whichever option is considered individual properties be examined before being placed in the status of "designated open space." • FEB- 8-94 1'liE 17:17 C I TY OF BOULDER OS/RE FAX N0. 3034414929 P. O2 . , ° - L.; `sh e ATTACHMENT 1 - i I Lltl.ddL'LIE Xill. OPE1V SPL1CE Sec. 170. Creation off a department of open space. There shall be a departrnent of open space, which shall be responsible for al] open spaoe lrind and other property associated therewith. As vsed in this charter, °ogen space land" shaIl mean any intere.st in rnal property Purchased - or leased with the sales and tfse tax p]edgej to {,he open space fund pursuant to the vote of the electorate on 1Vovember 7, 1967, or proceeds thereof, any interest in reaI property dedicated .to the city for open space purposes, and any interest in rcal property t.hat is ever placed under the direction, supervision, or control of the open spaoe department, un]ess disposed provided in section 177 below. (Added by Ord. No. 4996 (1986), § 1, ada ~~m~l~ IVovember 4, 1986.) Sec. 171. Functions of the department. Under the direction, sugervision, and control of the city manager, there shal) be a director of the department of open space, who may aiso serve as t,he city's directar of real estate. Subject to the limitations set forth in section 175 below, the department of open space; (a) Shall supervise, adminiy-ter, p: eserve, and maintain all o en Pro~ty assacia`„ed therewith and ma P space land and other ]ersscs for cro y gT'~t nonexclusive licenses and per~nitiG P or grazing purposes for a term of five years or less; . (b) Shatl supervise, administer, and execute ail open space progi-azns, Plans, functions, arad 8ctivities of the city; (c) Sha11 prepare and submit to the open space board uf hvstees vzitten recommendations on those mattezs on which this article requ.ires a recornmendation from said board prior to council or departmcnt action; (cU May, at tbe request of the open space board of tru.stees, prepare and submit to Lhe board information and reoommendations on such open spac:e matters as are not provided for by (c) abave; and (e) Rqay request advice on any open space matter from the open space board of trustees, (Added by Ord. No. 4996 (1986), § 1, adopted by electorate on November 4, 1986,) 46 ' FEB- 8-94 TUE 17:18 CITY OF BOULDER OS/RE FAX N0. 3034414429 P.03 ; Sec. 172. Creation of the open space board of trustees, There shall be an o pen space board of trustees cons'ing of five members appointed by the city council. 'I'he members of the board shall be residents of the city, shall not hold any other off'ice in the city, and shall serve without pay. (Added by Oid. No. 4996 (1986), § 1, adopted by electorate on November 4, 1986.) - Sec. 173. Term of office of board members-removai-vacancies. The term of each member shall be five years; provided, however, that in appointing the ariginal members of the board, the city council shall continue the ternns of the cun-rent membeis and shall stagger the initiai terms so that one board member's tei-ru expires in each year. Five members of the council may remove any board member for cause. The council shall fill all vacancies. (Added by Ord. No. 4996 (1986), § 1, adopted by electorate on November 4, 1986.) Sec. 174. Qrganization and prceedure of the board. The board shall choose a chair and a secretary. The direcLor of the department of open space may be designated as secretary by the board. The board shall have regu3ar meetings once a month. Special meetings may be calied at any time by three members of the board upon the giving of at leas-t 24 hours' notice of said special meeting to the board membcrs. Three members of the boa?•d shall constitute a quorum. An affirmative vote of a majority of the members present shall be necessary to sutliorize any action by the board, escept as otherwise e:cpressly provided herein. ~ The board shall keep minutes and records of its meetings and transactions. Except as otherwise expressly provided herein, the board shali have power to make rules for the conduct of its business. (Added by Ord No. 4996 (1986), $ 1, adopted by electorate an November 4, 1986.) Sec. 175. Functions of the board. The open space board shall not peiform any administrative functions unless expressly provided in this chartcr. The board: (a) Shall make recommendations to the council concerning any proposed disposai of open space lands pursuant to section 177 below; (b) Shall make recommendations to the counciI concerning any expenditure or appropriation fi-om the open space fund pledged pursuant to the vote of the electorate on November 7, 1967, or proceeds of prnperty acquired with the assets of the Fund; (c) Shall make recommendations to the council concerning any land that is to be p]aced under the direction, supervision, or control of the department of open space, including, without limitation, rec:ommendations concerning use policies on, planned uses of, and restrictions on uses of, open spaoe land; f 47 . ° FEB- 8-94 TUE 17:19 C1TY OF BOULDER OS/RE FAX N0. 3034414429 P.04 6 . a (c) Shall make recommendations to the council concerning the ogen space program; _a . (e) Shali review the open space elements of the bouIder valley comprehensive plan and make recotninendations concerning any open space-related changes to the plan; 1 (f) Shall pursue vigomusly the implementation of the ogen space eIeraents of the boulder valley mmpiehensive plan and the acquisition of additional property required to fulEill the goals of the open space program; (9) Shal1 review the city manager's proposed budget as it relates to ogen space matters and submit its recommendations conceriung said btidget to the council; (h) Shall make recommendations concerning the grant ar denial of any nonexclusive license or germit in or on open space land; (il Shall make reoommendations concerning the incurring of any indebtedness payable from the open space fund, pursuant to section 97 above; and (0 May prepaze and submit to the council, the city manager, or the open space department recommendations on any other matter relating to the open space program, and may request and obtain frnm the open space departtnent and the city manager information relating thereto. The city council, the city manager, and the open space department shall not act on any of the matters set forth in paragz-aphs (a) through (i) above without securing a recommendation frrom the board as above provided; however, the councii, the manager, and the department may act on the matters set forth in paragraphs (b) through (i) above without a board reconunendation ~ if the hoard fails to submit its recommendation within thirty days after request therefor is made by the council. The baard's recommendation shall not be binding upon the city counci[, except as expressiy - provided in section 177 beIow. (Added by Ord. 1Vo. 4996 (1986), § 1, adopted by electorate on 1Vovember 4, 1986.) , Q 5ec. 176. Open space pearposes-Open space land. Open space land shall be acquired, maintained, preserved, retained, and used only for the following purposes: ' (a) Preservation or restoration of natural areas characterized by or induding terrain, geologic formations, flora, or fauna thaC are unusual, spectacular, historically important, scientifically valuable, or unique, or that represent outstanding or rare examples of native species; (b) Preservation of water resources in.their natural or traditional state, scenic areas or vistas, wildlife habitats, or fragiie ecosystems; (c) Preservation oF land for passive recreational use, such -as hiking, photography or nature studies, and, if specifica]ly designated, bicycling, horseback riding, or Sshing; (d) Preservation of agricuitural uses and land suitable for agriculturai praduction; " (e) Utilization of tand for shaping the development of the city, limiti.ng urban spmwi, aad disciplining gxowth: (fl Utilization of non-urban land for spatial definition of urban areas; 48 , - FES- 8-94 TllE 17:19 CITY OF BOULDER OS/RE FAX N0. 3034414429 P.05 • ~ . ~ ' (g) Utilization of land to prevent encroachment on floodplains; and . (h) Preservation of land for its aesthetic or passive recreational value and its contribation to Lhe quality of Iife of the community. Open space land may not be improved after acquisition unless such improvements are ~ necessary ta protect or maintain the land or to pravide for passive rerreational, open agricultural, or wildlife habitat use of the land: (Added by Ord. No. 4996 (1986), $ 1, adopted by electorate on November 4, 1986.) Sec. 177. Disposal of ogen space land. . No open space land ownec3 by the city may be sold, leased, traded, or otherwise conveyed, nor may any exclusive Iicense or permit on such open space land be givea, until approval of such disposal by the city council. Such approval may be givea only aftes apgroval of such disposal by Lhe affu-mative vote of at least three members of the open space bofu-d of trustees after a pub?ic hearing held with notice published at least ten days in advance in a newspaper of general circuIation in the city, giving the location of the land in question and the intended disposal thereof. No open space land owned by the city shall be disposed of until sixty days . following the date of rity council approval of such disposal. If, within such sixty day period, a petition meeting the requiremants of sectian 45 above and signed by registered electors of the city to the number of at least fir-e percent of the registered elecl:ors of the city as of the day the petition is filed with the city clerk, requesting that such disposal be submitted to a vote of the electors, such disposal shall not become effective until the steps indicated in section 46 and section 47 above have been followed. This section shall not apply to agriculturaI leases for crop or gra7Sng purposes for a term of five years or Iess. This secLion is to be construed liberally in tavor of providir.g opportunities for the citizens of the city to refar meas:u-es proposing the disposal of any open space land. (Added by Ord. . No. 4996 (1986), ~ 1. ddupted by electorate on November 4, 1986.) . ~ i . . ~ 49 tl f Q ATTACHMEfVT 2 DEfVVER'S POLICY ON OPEiV SPACE Provided by Elizabeth IVovak, City of Denver ~ All lands which come into the park system are designated as Denver parks by a vote of . the City Council. By the City Charter, these lands cannot be de-designated unless there is a public vote initiated by the City or Councif or by petition. " Once a property is in the park system, it cannot be sold or leased unless the issue is presented to the voters and is approved by referendum. This in effect amends the Town Charter. * By charter the public property in parkland cannot be compromised for other purposes. As . a result there is protection of parkland from transmission lines and other utility corridors, which could affect park values. " The City does maintain the flexibility to change uses on parkland. In other words, a passive recreational area (open field) could be turned into a ball park or other active recreational use uvithout a vote of the people. ~ ed~c,uc 4 (a. )C b ) MATTERHO =EE~ o Bids opened on'' 19 ApriI ~ ~ Continental West-Avon, CO $ 9579 734 a B&B Excavating-Edwards Co $ y374`~ a En Estimate $ 985 ~ ~ ~ truction Start - 22 May Estimated Completion - 15 Sep Ll !J ~~~MM E.,.... TIONO . APP: OVE Award of bi'd to Continental . West Constr1A1 cttl oH !i ? . . a d . . . . . , . . - « uuLF COURSE STR TPRO i o ids opened an 28 AprII ~ I 1 I o (J U oject B61 dlTFJ ers . . ° B&B Excavating - Edwards, C. $ 19 2669 a" Elam Construction - Edwards, CO 19077g89-- (Submi'tted Late ) Grand River Constructoon ~~rg"ngs9 CO 1,505g5~7-- (Submi"tted Lat ) , o Eng9~~ers Estimate $ 1y3729 19 a P6°oject Budget I9 . 35, o o Est9~~te~ ~~~~tructaon ~art ° ~ Estimated ~~~~~~~~on ° 15 Sep =RECOkM~MEMDIATIOM A PPR VE a of bid to B&B Excavatin ~ ~7th ~ IVTINLTTES VAIL TOVVN COUNCIL 1VtEETIlNG April 4, 1995 _ 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, Apri14, 1995, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.1VI. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Tom Steinberg Paul johnston Sybill Navas jan Strauch TOWN OFFICIALS PRESENT: Bob McLaurin, Town 1Vianager Tom 1VToorhead, Town Attorney Pamela A. Brandmeyer, Assistant Town Manager Anne Wright on behalf of the Town Clerk 'Ilhe first item on the agenda was Citizen Participation. Joe Stauffer spoke regarding our current business license fee schedule and his thoughts that this system has worked well in the past and shoi.ld continue with present fee schedule. Second on fhe agenda was the Consent Agenda: A. Approval of the 1VTinutes for the meetings of March 7 and March 21, 1995. Mayor Osterfoss read the Consent Agenda in full. Jan Strauch moved to approve the ~ Consent Agenda with a second by T&m Steinberg. A vote was taken and passed unanimously, 6-0. Thix'd on the agenda was Ordinance IVo. 8, Series of 1995, first 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 Wzsthaven Condominiums (The Ruins) Development site and setting forth details in regard thereto. On February 27,1995, the PEC voted 4-1 recommending approval of the requested major amendment to the Cascade Village SDD. Andy Knudtsen presented this Ordinance. Kathy Langenwalter presented drawings of the design. Jerry Worman, the developer, also had input. Mayor Osterfoss read the title in full. Sybill Navas moved to approve Ordinance No. 8 with rewording of Condition B, that owrier agrees to be subject to a future employee housing ordinance. Condition F was also modified. This motion was seconded by Jan Strauch. A vote was taken and passed, 4-2, with Merv Lapin and Tom Steinberg being opposed. Foaag4h on 4he agenda was Resolution No. 4, Series of 1995, a Resolution Approving and Adopting the Town of Vail / Vail Associates Prot;ram to Manage Peak Perio(is. Andy Daly was present to represent Vail Associates. Bruce Chapman was present to represent the W. Forest Road property owners. He discussed a meeting that was held between VA, the Town and himself in which they were not able to reach an agreement regardirig snowcats and Category III. Michael Jewett thanked Council for giving the public time to review the agreement prior to voting. 1 Vai] Town Council Evening Meeting Minutee 414/96 h N 1 s Cindy Jacobson spoke in support of the W. Forest Road property owners and the fact that they have been trying to work with VA for several years regarding snowcats, etc. without success. Mayor Osterfoss read the title in full. Merv Lapin moved to approve Resolution No. 4 with a second by Jan Strauch. A vote was taken and passed unanimously, 6-0. At this time Peggy announced that the Roundabout project was approved at the work session earlier this date and that Vail Associates will be making a$500,000 contribution to this project. Fifth an the agenda was Resolution No. 9, Series of 1995, a request to amend the Vail Land Use Plan from Open Space to Public-Semi Public to allow for the redevelopment of the Vai1 golf course maintenance facility, located at 1278 Vail Valley Drive, Parcel E, Vail Valley 7th Filing. Since 1966, the golf course maintenance facility has been located on Parcel E. In 1980 this property was annexed into the Town and zoned Natural Area Preservation District. This facility is a nonconforming use and any proposed changes to the facility requires a change in the Vail Land Use Plan and a zoning change. Changing the Vail Land Use Plan is the first step in a three step process, that would enable the VRD to rezone the property to the General Use (GU) District and apply for a conditional use permit to remodel the facility. The Planning and Environmenfial Commission reviewed this request on March 27, 1995 and unanimously (6-0) voted to recommend approval of this request. Russell Forrest explained the change to the Land Use Plan. Mayor Osterfoss read the title in full. Merv Lapin moved to approve Resolution No. 9 with a second by Sybill Navas. A vote was taken and passed unanimously, 6-0. Sixth on the agenda was Resolution No. 10, Series of 1995, a Resolution of the Town Council of the Town of Vail expressing concern about "takings" legislation in general and urging elected representatives to oppose SB 136, HB 1171 and similar legislation. At the work session on March 28, 1995, Council directed staff to prepare a Resolution opposing the "takings" regulations presently being considered in the Colorado State Legislation and in both Houses of the U.S. Congress. Tom Moorhead prepared and explained this Resolution. The Council suggested that this Resolution should be forwarded to the State and Federal legislators, Governor Romer, Colorado Municipal League, Colorado Association of Ski Towns, and Northwest Colorado Council of Governments. Mayor Osterfoss read the title in full. Paul Johnston moved to approve Resolution No. 10 with a second by Tom Steinberg. A vote was taken and passed unanimously, 6-0. Seventh on the agenda was Appeal of DRB decision to deny the proposed additions and remodel of John Krediet's home located at 226 Forest Road/Lot 11-A, Block 7, Vail Village Ist Filing. Applicant: John Krediet. Council was asked by staff to review the desien review guidelines nertaini.n_g tn Dup1ex and Primary/Secondary development; review the proposed architeciure for the Krediet remodel; and uphold, modify or overtlzrxt the DRB denial of the project. 2 Vai] Town Couneil Evening Meeting Minutee 4/4/96 . 0 Randy Stouder stated that although the DRB felt that the proposed remodel was a definite improvement to Mr. Krediet's home, they felt bound by the design review guidelines for duplex and primary/secondary development which require architectural integration between structures. The existing Krediet and Samuels residences are located on the same lot in the Primary/Secondary zone district. Although the two units are physically separated, the question remained whether they are architecturally integrated according to the design review guidelines. The DRB felt that the proposed remodel and addition to the primary unit (Krediet residence) produced an architectural look that departed from the current architectural style of the secondary unit (Samuels residence) and thus did not meet the design review guideline requirement of architectural - integration between primary and secondary units. Steve Riden made a short presentation on behalf of John Krediet. Mr. Riden cited several examples of other primary/secondary units that lacked architectural integration yet were approved. Mike Arnett and Hans Wolrich were present representing the Design Review Board. IVlike summarized the DRB's position. Merv Lapin moved to uphold the DRB decision to deny appeal with a second by jan Strauch. A vote was taken and passed, 5-1, with Sybill 1Vavas opposed. Eighfh on the agenda was Town Council call up of the Design Review Board (DRB) approval for a proposed building expansion and site amendments at the Lions Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead First Filing, First Addition. Applicant: Bill Pierce, representing the Lion Square Lodge Condominium Association. Jim Curnutte asked Council to review the proposed building expansion and site amendments and uphold /overturn/ modify the decision of the DRB to grant final design approval for the proposed project. On February 13,1995, the Planning and Environmental Commission (PEC) approved the requested common area and parking variances and a major exterior alteration in the CCII Zone District, with conditions. The vote was 7-0. On February 21,1995, the Town Council "called up" the PEC decision for further review. The Council decided to let the PEC approvals stand in order to allow the project to receive final Design Review Board review. The Council made the applicant aware that they may then "call up" the DRB approval for further review, if they so desired. On March 15,1995, the Design Review Board approved the project, with conditions, with a vote of 3-2. Bill Pierce and Jim Turner were present representing Lions Square Lodge. Bob Borne, Hans Wolrich, and IVlike Arnett were present representing the DRB. Jan Strauch moved to overturn DRB approval of the building expansion, with a second by NTerv Lapin. A vote was taken and failed, 1-5, with Jan Strauch voting in favor of the motion; thereby leaving the DRB approval in place. Ninth on the agenda was the Town 11Ranager's Report. Bob McLaurin's only additional note was that he would have an update on the Gypsum bus route to them by the 4/ 11 /95 work session. I 3 Vail Town Council Evenin Meet' S mg Minutee 4/4/96 I b ~ There being no further business, Tom Steinberg moved to adjourn at approximately 11:05 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Deputy Town Clerk Minutes taken by Anne Wright on behalf of the Town Clerk. ('Names of certam individuals wFa gave pubiic input may be inaocurate.) 4 Vai] Town Couneil Evening Meeting Minutee 414/95 0 ( lVlil V U 1 t.5 VAIL TOWN COUNCIL lYTEE'TIlNG April 18, 1995 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, April 18, 1995, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Ivlerv Lapin, Mayor Pro-Tem Tom Steinberg Paul Johnston Sybill Navas jan Strauch jim Shearer NTEMBERS ABSENT: Peggy Osterfoss, IVTayor TOWN OFFICIALS PRESENT: Bob IVIcLaurin, Town Manager Tom Moorhead, Town Attorney Pamela A. Brandmeyer, Assistant Town 1Vlanager Anne Wright on behalf of the Town Clerk 'g'he first item on the agenda was Citizen Participation, which there was none. 'lChe second 'ateYn on the agencia was first reading of Ordinance IVo. 5, Series of 1995, an animal control and carriage operations ordinance. Tom Moorhead and Bob Slagle presented this Ordinance. After two work sessions, a comprehensive animal control ordinance which also addresses horse carriages is presented for consideration. Staff is asking Council to select 1 or 2 alternatives for control of animals. Either the leash/tethering requirement as presently exists or as presented in the new ordinance. The following citizens made comments on this Ordinance. Tom Talbot, Heather Smith, Blondie Vucich, Flo Steinberg and Josh Hall. Paul Johnston moved to approve Ordinance No. 5 with conditions including a leash free zone, time limitations on second and subsequent offenders, and additional requirements for horse carriage equipment and testing, with a second by Jim Shearer. A vote was taken and passed, 5-1 with Jan Strauch opposed. The thipd fl$em on the agenda was first reading of Ordinance No. 9, Series of 1995, 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, on behalf of the Vail Valley Consolidated Water District. Jim Curnutte presented this Ordinance. On February 27, 1995, the Water District receivPci Plannino a„e, Fr+~irnnw+....+al - -o Commission (PEC) review and approval of their request to change the Vail Land Use Plan designation of this property from park to Low Density 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 Densiiy Residential. Resolution No. 5 contained five conditions which must be addressed by the applicant prior to the transfer of ownership of the property. On April 10, 1995 the PEC unanimously approved the Water District's request to rezone Tract C from the General Use District to the Primary/Secondary Residential Zone District (see attached staff memorandum to the PEC and draft copy of the meeting minUtes from the April 10, 1995 PEC meeting). 1 Vai] Town Council Evening Meeting Minutes 4118/95 ! Paul Johnston moved to approve Ordinance No. 9, with a second by Jim Shearer. A vote was taken and failed to receive a majority, 3-3 with Tom Steinberg, Merv Lapin and Jan Strauch opposed. The Council requested that Tc~Moorhead consult "Roberts' Rules of Order" and come back to this issue later in the meeting. Jim Shearer left the meeting at this point. The fourth item on the agenda was second reading of Ordinance No. 8, Series of 1995, 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. Andy Knudtsen presented this Ordinance. On February 27, 1995, the PEC voted 4-1 recommending approval of the requested major amendment to the Cascade Village SDD. Kathy Langenwalter and Jerry Worman were present representing the Ruins. Sybill Navas moved to approve Ordinance No. 8, with a second by Jan Strauch. A vote was taken and passed 3-2, with Merv Lapin and Tom Steinberg opposed. The fifth item on the agenda was Resolution No. 11, Series of 1995, a Resolution . designating Bank One Wisconsin Trust Co., N.A., 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 Colorado. Steve Thompson presented this Resolution explaining that our long-term investments managed by Dana Advisors is currently safekept at Colorado National Bank. We want to move the safekeeping to Bank One whose annual fees are less than half of Colorado National Bank's fees. Jan Strauch moved to approve Resolution No. 11 with a second by Tom Steinberg. A vote was taken and passed unanimously, 5-0. The six$h item on the agenda was the Alpine Standard/Amoco Sign Variance Request. Sign to be located at the Vail Alpine Standard, 28 Vail Road, Vail Village 2nd. Applicant: Doug Sterkyl. Randy Stouder presented this request and explained that on Apri15,1995 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. Staff asked Council to approve variance request with conditions in staff inemo. Craig Kiemz was present representing Doug Sterkyl. Jan Strauch moved to approve the request with a second by Tom Steinberg. A vote was taken and passed unanimously, 5-0. 2 Vail Town Couneil Evening Meeting Minutes 411855 tl ~ The seventh ifern on the agenda was the Town Council call up of the PEC approved major exterior alteration and conditional use permit for the Village Center Building (LaTour Restaurant, Cleone's and Gotthelf's Gallery). Located at 122 East Meadow Drive. Applicant: Fred Hibbard. George Ruther presented this call up and asked Council to acknowledge the applicant's request to withdraw the major exterior alteration and conditional use permit approval. At the April 11, 1995, Town Council meeting the Town Council members unanimously 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. Jan Strauch moved to accept the applicant's withdrawal with a second by Tom Steinberg. A vote was taken and passed unanimously, 5-0. At this time IvTerv reminded the Council of the Town's interest in having someone serve on the Board of Channel 5. Tom Moorhead came back to the Council with information concerning the 3rd item on the agenda, Ordinance No. 9, Series of 1995, and informed Council that the public hearing could be continued to a future Council meeting for further comment and reconsideration of the Ordinance. Paul Johnston moved to continue the public hearing on Ordinance No. 9, Series of 1995 to the May 16, 1995 Town Council meeting, with a second by Tom Steinberg. A vote was taken and passed unanimously, 5-0. 'Il'he eighth item on the agenda was the Town 1Vlanager's Report. There being no further business, Jan Strauch moved to adjourn at approximately 9:40 P.M. Respectfully submitted, Merv Lapin, IVlayor PraTem ATTEST: Pamela A. Brandmeyer, Deputy Town Clerk Minutes taken by Mne Wright on behalf of the Town Clerk. ('Names of certain indrviduals who gave public input may be inacarate.) 3 Vail Town Couneil Evening Meeting Minutea 4/1&'95 0 ORDINANCE NO. 5 SERIES OF 1995 AR9 AN9MAL C0NTR0L AND Ce4RR1AGE OPERAT90NS ORDIBVANCE UUHEREAS, to preserve the health and welfare of the community it is incumbent upon the Vail Town Council to adopt a comprehensive animal control ordinance; and MEFtEi~Sr whitie i~ is rlecessary; ta pravide s#~ct Tegu~as,coneem~ng the cqn#rof io~ aRimWS, 4he Mai1 Tawh :Couricrf des,tre~ .to:prov~de Leash Free!Zoq.es Jn a~l areas i~ ne~hbok~oods; ~f the Town u~rhEre reasczr~~ly pcissible,; ar~d 11 1NHEREAS, it is necessary to incorporate into its Municipal Code restrictions and regulations concerning the permitting and operation of horse carriages within the Town of Vail. N01/V THEREFORE, be it ordained by the Vail Town Council 4hat: Section 1. Chapter 6.04, Dog Regulations is hereby repealed. Section 2. I. ANIMAL CONTROL. 1. INTEiVT. It is the intent of the Vail Town Council in adopting these pet animal control and licensing regulations to declare that 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. DEFIiVITIONS. As used in this Ordinance, the following terms shall have the following meanings: "ABANDON" means to fail to provide any necessary care for a pet animal for any period of 24 hours or longer. Such care shall include; but 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 control officer during 4he 24 hour period immediately following such posting or service. "ANIMAL" means any living dumb creature. "AfVIMAL COfVTROL OFFICER" means any person empowered by Town of Vail to enfiorce the provisions of this Ordinance, Town of Vail Police Department personnel, and peace officers as defined in 18-1-901, C.R.S. 1 Ordinance No. 5, Saries of 1995 ` "ANIMAL SHELTER" means any and all facilities and premises authorized by Eagle County to care for pet animais impounded pursuant to the provisions of this Ordinance. Such facilities and premises shall also be considered public animal 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 teeth or jaws of any animal. "BODILY INJURY" means any physical injury that results in severe bruising, muscle tears, skin lacerations requiring professional medical treatment, or firacture 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 the 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 or 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, fox, 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. 2 Ordinance No. 5, Series of 1995 "HUMAiVE TRAP" means live traps which do not cause bodily harm to the animal intended to be captured or bodily harm to any animal or person coming in contact with such trap. F'F?jE;E ~'C~~f~S" mea~s any ;area' ;wii~i~ : the ;'T4u~n of 1/a~li wh i~ti. `is ; designatedby Tawn manager as an area w#~ere anIm~ls are not fequ,red ~+o be Unc~er physica~ c4ntro1F:bc~t m~€st t~e 0therwise unc~;er ~ofitrol as d~f~r~ed here~r~: "MISTREATMEiVT" means every act or omission which causes, or unreasonably ' permits 4he continuation of, unnecessary or unjustifiable pain or suffering. "(VEGLECT" means failure ta provide food, water, protection from the weather, opportunity for exercise, socialization, or other care consistent uvith the needs of the species of the animal in questions. "PET ANINIAL" means any animal so defined in Par4 1 of Article 15 of Title 30, C.R.S. "PET ,4fVIMAL FACILiTY" means any facility licensed as such pursuant fio the provisions of Part 1 of Article 80 of Title 35, C.R.S. "PET ANIMAL OVNNER" means any person, firm, corporation, or organization possessing, keeping, having financial or property interest in, or having control or custody of any pet animal. "PHYSICAL COiVTROL" 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 health. "POTEiVTIALLY DAfVGEROUS AiVIMAL" means any animal that when unprovoked: 1. Inflicts 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 affitude of attack, 3. Is a venomous animal, or, 4. Is an animal possessing physical characteris4ics or demonstrated tendencies that would cause a reasonable person to conclude that the animal is likely Yo inflict injury or cause the death of any person or another animal. 3 Ordinance No. 5, Serias of 1995 "PREMISES" means property owned, leased, or expressiy 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 of a truck when the animal's presence is authorized by the owner of such confined area or locality. "PROPER CONTROL OF A DANGEROUS ANIMAL" 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 entry 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 af 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 animal; or, impoundment of an animal because of the owner's inability 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. 4 Ordinance No. 5, Series of 1995 "TRESPASS" means the entry of an animal upon any proper4y other than that of the animal's owner. "VICIOUS ANIM,4L" 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 VACCIIVATION AND REGISTRATIOfV. It shall be unlaw#ul to fail to provide proof ofi a current rabies vaccination and registration for any pet animal possessed in the Town of Vail if the United Sta4es Department of Agriculture has licensed a rabies vaccine for the specific animal in question. Such rabies registration shall begin when the animal reaches the age of three months, and shall be renewed to maintain effacy 4hrough the period of licensing. 4. DOG LICENSIIVG REQUIRED. It shall be unlawrful for the owner of any dog over the age of three months to fail 40 obtain a valid Eagle County dog license after the dog has been kept in the towrn for any consecutive fourteen day period vvithin any calendar year or immediately upon citation for any violation of this Ordinance. The owner shall obtain a dog ticense 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 Town Manager. Dogs kept as part of the operation of a pet animal facility licensed by the United S4ates Department of Agriculture or the Colorado Department of Agriculture pursuant fo 4he provisions of Part 1 ofi Article 80 of Title 35, C.R.S. shall be exempt from the licensing provisions of this Ordinance. Such dogs shall not be exempt from the rabies registrafion requirements of this Ordinance. 5• ATTACHMENT OF DOG LICEiVSE TAG TO COLLAR OR HARNESS. It shall be unlavNfiul to fail to attach a valid dog license tag to 4he 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 when the dog is off the premises of the owrner. If any dog is unable to wear a collar or harness because o# 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 4he dog must have 4he dog tattooed with a tattoo approved by the Animal Control Department. 5 Ordinance No. 5, Series of 1995 6. FAILURE TO CONTROL AN ANIMAL. It shail 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. Any animal trespasses on, or is tethered upon, any public or private property without the permission of a person owning, leasing, or otherwise controlling the property in question, or, D. Any dog reaches past the perimeter of the owner's premises with its teeth or claws, or, 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 ofi 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. LEASH: FREE Z{3NES The Towr~ Mar~~ger s#t~ll des~gnate areas throughou# tl~~ Town wn~cr~ are;a 1eash free! zone as defined herejr~ a~d Are acteq~~t~ly s~q~rl;to prr~~ide notice of svch areas ar~d ar~ desc~eid in an exhibit made a part of;~e or~nanee co.tec~ €n #hIs se.€on and wii~ch c~n be fiour~d on:fiie th :fhe o~'ice ofthe Town Cl~rk 6 Ordinance No. 5, Series of 1995 8. IiVTERFERENCE VIIITH AN OWIVER'S CONTROL OF AIV ANIMAL. !t shall be unlavvful for any person to perform any act which interferes with, prevents, or hinders the efforts of an animal ovvner 4o control any of the owner's animals. 9. INTERFERENCE VVITH AN AiVIMAL COiVTROL OFFICER. It shall be unlawrful 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 4he performance o# duty pursuant to the provisions of this Ordinance. 10. CONTROL OF DANGEROUS AND POTENTIALLY DANGEROUS AN1MALS. 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. 14 is unlawrful to possess any animal declared to be dangerous. D. Any animal ovuner shall have the opportunity to request an administrative hearing to show cause as to why the animal in question should not have been, or should not continue fo 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 a4 the time in question did not support the declaration of dangerous or potentially dangerous as those terms are defined in 4his Ordinance. The animal control officer or his/her designee shall preside at such hearings. Such hearings shall be requested in vvriting by mailing the request to: Animal Control Officer, 75 S. Frontage Road, Vail, Colorado 81657. E. Affirmative defenses. An affirmative defense to 4he declaration of a potentially dangerous or dangerous animal shall be that: (1) The other animal vuas trespassing upon the premises of the animal owner, and 4he attack began, but did no4 necessarily end, upon such premises; 7 Ordinance No. 5, Series of 1995 (2) Was 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 owner, 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. When probable cause exists to indicate that an animal is potentially dangerous and/or dangerous and is not under proper control, any animal control officer may use any available means to ensure that the animal does 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. 11. 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. 12. DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR QUARANTINE. It shall be unlawful for any animal o I ner 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 i 8 Ortlinance No. 5, Series of 1995 0 County Animal Control Department. Any costs incurred as results of a quarantine period shall be the sole responsibility of the animal owner. 13. FAILURE TO COMPLY UVITH CERTAIN TERANS OF A SALES OR ADOPTIOfU CONTRACT. A. 14 shall be unlavNful 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 4he contract originated, and, B. It shall be unlawrful to fail to comply with any of the terms of an adoption or fostering contract when the animal is obtained from the Eagle County ,4nimal Shelter pursuant to such contract. 14. UiVLAVVFUL RELEASE OF AN AfVIMAL. It shall be unlawful to remove any animal from the custody of Eagle County Animal Control, Vail Animal Control or Vail P.D. without 4he 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. 15. IMPOUNDMEiVT OF ANIMALS. An animal control officer may impound any animal that is not under con4rol under the provisions of this Ordinance, or is not in conformi4y 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 owrner, if such owrner is not immediately presen4 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 effor4 to notify the owner of the animal of the animal's location by telephone, posting of a notice at the owner's residence, or by written notice mailed to the owner's known address, if the identity of the animal owner is knowrn. If needed to establish the identity of the animal owner, information contained on any identification, rabies, or license tag found attached to the animal shall be used. 16. DISPOSITIOIV OF IMPOUNDED ANIMALS. Any animal impounded pursuanf to the provisions of this Ordinance, shall become the property of the Eagle Coun4y Animal Con4rol after 5 days of impoundment. Each partial day of impoundment shall count as one day. 9 Ordinance No. 5, Series of 1995 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 th2 costs of impoundment and boarding and such costs shall be fully paid prior to the release of the animal. 17. FAILURE TO REDEEM OR PAY FINES OR FEES OR COMPLY WITH RELEASE ORDERS AND STIPULATIONS. It shall be unlawful 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. 18. THREATENING OF WILDLIFE OR LIVESTOCK. It shall be unlawful to fail to control any animal so as to prevent such animal from running after, chasing, pursuing, biting, worrying, attacking, or threatening wildlife or livestock. Any 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 mandatory court appearance by the animal owner. Upon conviction of any violation of this section, the animal owner shall be required by the court to pay restitution for any livestock or wildlife injured or killed by the owner's animal or animals. 19. 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. 20. 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 property 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. 10 Ordinance No. 5, Series of 1995 a B. It shall be unlavvful for any person to set or cause to be set within the Town limits, any steel jaw leghold trap, lethal snare, fiully body grip trap or any 4rap for the purpose ofi capturing or killing any animal. This subsection does not apply 4o 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 theowner of the land must be given. iVothing in this subsection shall be deemed to prohibit the use ofi snap type traps for mice or rats. 21. NUISARICE BARKING. ~ A. It is unlawful for any dog owner to fail to prevent, his dog firom disturbing the peace of any other person by loud, habitual, and persistent barking, howling, yelping, or wrhining, whether the dog is on or off the dog owner's ? property. B. 14 is unlawful to possess any dog that disturbs the peace of any person as ~ described in this section after the dog owner has received a writ4en ~ warning as provided by this section. C. iVo person shall be charged with a violation of this sec4ion unless a written warning has been given at least seventy-two hours prior #ti the isSuat~c~;of the cifatioit; The name and address of the complainant shall appear on the written warning. 22. HABITUAL OFFENDER. It shall be unlawfiul for any person fo become a habitual offender as defined in this Ordinance, and any person so charged may be charged in addition 40 any other charges brough4 pursuant to the provisions of 4his Ordinance and offending animals ordered removed from the Town of Vail and/or other such remedies as imposed by the Court. 23. ENFORCEMENT. Animal control officers as defined in this Ordinance have the authority to issue a summons and complaint or penalty assessment to any alleged violator of 4his Ordinance. The penalty assessment shall be as set by the Municipal Judge for the Touvn of Vail. 24. PEiVALTIES. The following schedule shall apply to offenses charged pursuant 40 the penalty assessmen4 procedure: A. For all violations not involving a dangerous or potentially dangerous animal: Firs4 offense: $ 40.00 Second offense i~ith:i$100.00 Subsequent offenses ~itt~ir~:~Fte:ye~r $150.00 11 Ordinance No. 5, Series of 1995 a - 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 to pay fine or fees, or threatening of wildlife or livestock: Any offense: Mandatory court appearance Mandatory fine upon conviction of $300.00 plus all associated costs and restitution 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. 25. POWER OF MUNICIPAL COURT. In addition to any penalties which may be provided 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. 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 careful 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. 12 Ordinance No. 5, Series of 1995 J Q (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 4he abili4y 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 4hrough cone pafterns showing ability of himself/herself to perform "figure eight", furns right and left, backing and maintaining a prolonged stop. (2) Driver shall drive the above described patterns again while undergoing stress testing. The stress testing may include but is no4 limited to the followring: a. Banners b. Balloons c. Rattling tin d. Black plastic e. Firecracbcers f. Umbrellas g. Various noise makers h. Sirens i. Fuses j. Rolling innertubes k Dogs arid/or ottter ah"ima~s; 3. HOURS OF OPERATION. Horse drawn carriages are permitted to operate at any time seven days a vveek except (a) betvveen 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 vuould constitute a hazard 4o the public safety; e.g. 4th of July, fVevu Years Eve, etc. and uvith consideration ofi extreme uveather conditions. 13 Ordinance No. 5, Series oi 1995 • 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 West Meadow Drive and the walking path which exists between West Meadow Drive and East Lionshead Circle, running between the Dobson Ice Arena and the Evergreen Lodge will not be included in the restricted areas. 5. LAWS ENFORCED. 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 into with the Town of Vail. 6. CARRIAGES UNATTENDED. Carriages shall at Re time hflt;:;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 14 Ordinance No. 5, Series of 1995 J 0 G. vvhip H. round collar or breast collar style harness 1. kickstrap J. diapers . K. sharp knife L. harness bells ~N.: reflec4ors or~ frorit o~ hi4ch 9. iVUMBER OF HORSE DRAWfV CARRIAGES. It is the judgement of the Town Council that in order to enable the Town bus system to function properly and to pro4ect pedestrians within the Town that con4rolling the number of horse draw?n carriages operating within the Town of Vail is within the public interest. To this end, the maximum number of horse drawn carriages to be operated regularly on the 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 dravvn 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 Tovun Council and Town Manager applying the principles of a public convenience and necessity. 10. PEIVALTIES. The following schedule shall apply to offenses charged pursuant to the penalty assessment procedure for all offenses involving a carriage operation violation: First offense: $ 75.00 Second offense: $150.00 Subsequent offenses: Mandatory court appearance The above-stated fines are minimum penalties and all violations are subject 4o 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 opera4ion's permit upon a third violation of this Ordinance within an eighteen (18) month period of 4ime. Section 3. SEVERABILITY. 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 4hat any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 15 Ordinance No. 5, Serias of 1995 . , . Section 4. The Town Council hereby finds, determines, and declares that this Ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of April, 1995, and a public hearing shall be held on this Ordinance on the 2nd day of May, 1995, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Merv Lapin, Mayor Pro-Tem ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1995, Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:10RD95.5 16 Ordinance No. S. Series o1 1995 6iESOLUTIOid iVO. 12 SERIES OF 1995 . A RESOLUTION APPfiOVING AND ADOPTING YHE 70\ft/ld OF Ve41L IRESIDEtdYIAL EIWPLOYEE MORTGAGE LOAPd PROGRAAA WHEREAS, the Town Council of the Town of Vail and FirstBank of Vail have engaged in discussions and planning to provide a loan program which will permit residents to secure loans on residential property in an amount of up to ninety, (90%) percent of the property's value; and WHEREAS, the Town of Vail is hereby committing up to $250,000 to fund the program; and • WHEREAS, the program will require deed restrictions and ownership guidetines for these employee housing units which will be known as Type A Employee Housing Units; and WHEREAS, the results of this effort are identified in the Master Mortgage Loan Agreement, the Deposit Account Assignment and Security Agreement, and the Town of Vail Deed Restrictions and Guidelines for Type A Employee Housing Units. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: ' 1. The Master Mortgage Loan Agreement, the Deposit Account Assignment and Security Agreement, and the Town of Vail Deed Restrictions and Guidelines For Type A Employee Housing Units attached to this Resolution as Exhibits A, B, and C are hereby approved and adopted. 2. The Town Manager and Town staff are hereby authorized to take all actions necessary to implement and administer the Residential Employee Mortgage Loan Program and to make such changes in the agreements and guidelines as are necessary to effect the purposes of this program. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of May, 1995. Margaret A. Ostertoss, Mayor ATTEST: Holfy L. McCutcheon, Town Clerk. C.IRESOlU94.12 Resolutim No. 12. Series o1 1995 . MASTER ' MORTGAGELOAN 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. Borrower has applied to Bank for a mortgage loan in the amount of $ (the "Loan") in connection with 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"). BoROwer has previously been determined by Town to be a Qualified Buyer as defined in the current Program guidelines. The Property is a Qualified Dwelling Unit as defined below. B. As one of the requirements of the Progeam, Borrower must agree to the imposition of various restrictions upon the use, transfer and marketability of the Property. This agreement 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 the 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" to Borrower at the closing. 1.4 "Account" means the savings deposit or certificate of deposit account maintained by Town at Bank for the purpose of complying with the credit 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 instruments executed in connection with the Loan. mmlatov.fbv 4/14195 ~ Exhibit A A 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 Borrowrer and Town which relate in any fashion to the Program and Borrowers compliance obligations under the Program. - 1.9 "Program Guidelines" shall mean the written requirements of Tovun for eligibility under the Program and all conditions relating to the use, occupancy and sale of any related residential dwelling by a Clualified Buyer. 2. Mortqaqe Loan to be Made bv Bank 2.1 Appraisal and Amount of Loan 2.1.1 The Loan shall not exceed a principal amount which is equal 40 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. In 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 shall be delivered to Bank by Borrower. Bank will be entitled to contac4 parties to the purchase agreement and others in order to verify any aspect of the proposed purchase transaction, 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 s (the "Loan") for the purpose of enabling Borrower to acquire the Property. mmfatov.fbv 4/14/95 2 ' r 2.2:2 The Loan shail be evidenced by a promissory note (the "Note") 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 first five years of the Note and thereafter at a variable rate of interest 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 the 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 Note 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 collaterat 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 interest in all deposit accounts maintained by BoROwer 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 Borrowers creditworthiness is deemed acceptable by Bank, and Borrower has satisfied Bank's internal credit analysis. 2.4.2 The Town has certified to Bank that Borrower is a Qualified Buyer, that Borrower is otherwise eligibfe under the Program, and that 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 lenders 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 writh 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 otherwise par4 of a common interest ownership association, Borrower has obtained an acceptable certificate or other instrument from the goveming 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 Bo.rrower 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 by 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 agreement 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 Account 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 amount 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 eaual 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 Norwest Bank of Denver on one year certificates of deposit. 3.3 Prior Notice by Bank. Bank will provide advance notice to Town in writing of Bank's intent to utilize any funds of Town which have been assigned to 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 to 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 . availabfe 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 no4 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 Documen4s, BoROwer shatl be obligated 4o reimburse Town for all such amoun4s 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 pnor 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 agreemen4 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 amount 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, Bonower 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 that any exception to title of this nature will not give rise to any action for rescission or any other remedy or cause of action by Borrower under any of the Loan Documents or any other document executed in connection with the Program or Borrowers acquisition of the Property. 6. Limitations on Sale or Transfer. Borrower agrees that from the date of the closing of Borrowers 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 (not including any real estate commissions owed by 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 Plus 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 homeowners association or local government which have been paid by Borrower from 4he date of Borrower's purchase of the Property. 6.3 Any.4ransfer of an, interest in the Property shall remain subjec4 4o the limitations on sale or transfer described in this agreement and in the Program Documents and Program Guidelines. However, 4he 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 Borrowrer or the Borrowers 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 tifle pursuan4 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 interes4 shall still be bound by 4he 4erms and conditions of this agreement in the same manner and degree as if an exempt transfer had not occurred. 7. Limitations on Occuoancv and Use 7.1 Borrower (or any person to whom Borrower rents or leases the Property) must qualify on a continuing basis under 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 the Property, except that this restriction shall not survive the foreciosure and sale of the Property through administrative or court proceedings. 8. Involuntarv 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 attachment to the Property. 8.4 Permits any creditor, govemmental agency; person or entity to levy upon or seize the Property under any court or administrative proceeding. 8.5 Damages fhe 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 Borrowers 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 (aws, 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 Pucchase 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 to bring about an involuntary sale of the Property, Town shall have the right, 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 4hat the right to purchase the Loan under these circumstances is an important and essentiai element of this agreement. 9.2 The exercise of this right will permit Town 4o preserve the pool of dwellings which are part of the Progrsm and enable the Propeity to be made available for purchase by another eligible residen4 employee Jnder 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 stiall notifjr Bank of its election in writing and shall tender to Bank the outstanding balance of principal and accrued interes4 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 writh 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 promptty 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 . J 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 agreement and in compliance with the Program Guidelines. Borrower will present documentary evidence to the satisfaction of Town to show that 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 agreement, 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 this 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 agreement. 12.2 Bank is a Cotorado chartered supervised lender and is regulated by the Colorado Division of Banking as well 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 ttie 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 No4ices. All no4ices 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, retum receip4 requests, addressed as follows (or as contained in any amendments hereto): Bank: FirstBank of Vail Attn: fVlark 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 IVo. 303-479-2157 Borrower: Facsimile No. Town of Vail Borrower By: FirstBank of Vail By: mmlatov.fbv 4/14/95 12 From: Norman R. Haiwig To: Tom Moorhoad Date: 4111/95 Tima: 13:33:54 Pago 2 of 3 t Deposit Account Assignment and Securitv Asireement Name and address of Loan No.: Lender: FirstBank of Vail Borrower(s) Principal Amount: $ . 17 Vail Road Maturity Date: Vail, CO 81657 Assignor: Town of Vail 75 So. Frontage Rd. Vail, CO 81657 This assignment and security agreement (the "Agreement") 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 with Town's current Residential Employee Mortgage Loan Program (the "Program"), Town has agreed to provide fnancial 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 Master Mortgage Loan Agreement, each mortgage loan will be partially collateralized by an assignment from Town 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 funds 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 Mortgage 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 otherwise 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 1 Exhitiit B ` From: fVortnan R Hahvig To: Tom AAoorhead Dale: 4114195 Time: 13:34:46 Pago 3 013 ~ 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 repaiii, or redeemed all or any part of the Assigned Funds. 4.3 There is no pending application or instrumen4 for the withdrawal, cancellation, payment, or redemption of the Assigned Funds. 4.4 The Tow+n shall not,. at any time during vvhich the Loan is outstanding, assign, transfer, withdraw, cancel, redeem, or seek any payment or advance from the Assigned Funds. I 5. Authoritv of Bank. In the event of any payment or performance default under the Loan vvhich 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 ciebit the Account for any portion of the Assigned Funds which represent an unpaid balance owing under the Loan. i 52 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 respects 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. FirstlBank 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 Exhibit C y , ~ 1. PURPOSE . . , The purpose of the Type A Employee Housing Unit is to enable individuals to purchase primary residences writhin the Town of Vail. . One of the goals and requirements of the deed restrictions is that the residence be owrner 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. 119. RESALE RESTRBCT90NS 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. IIL 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 ofi 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 Vail or owner reserves the right to reject any and all offers. In addition, the Town may set a minimum offer price, below which no ofrers will be accepted. . 9 B. Individuals with the longest consecutive record of employment within the Town s- of Vail boundaries. C. Individuals with the longest consecutive record .of residency within the Town of Vail boundaries. D. Individuals who reside and are employed outside the Town of Vail boundaries but within the Gore/Eagle Valleys. IV. OCCUPANCY REQUIREMENTS Once a Type A Employee Housing Unit has been purchased, it must continue to be occupied in a manner which is consistent with the goals and policies of the Town of Vail Housing Program. The Type A Employee Housing Unit must be owner occupied by: •An employee, working in Eagle County who works a minimum of thirty hours per week, and the employee's spouse and children. •A retired individual, sixty years or older, who has worked 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 granted for one year, subject to clear and convincing evidence, which establishes a reason for leaving and a commitment 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 Town, 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 requireinents. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished to 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 written lease must be provided to the tenants with a sixty (60) day move out clause upon notification that 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, the 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 must be listed for sale within ninety days of purchasing the employee housing unit and must be sold within one year of closing. . 2 ti ? : E. If an indFVidual owns vacant land when purchasing an employee housing unit, as soon as the land is improved with a residence, 4he 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. N. ANNIJAL VERBFYCAYION AND PER9ALT9ES FOR !!@OLAYION A. fVo later than February 1 st of each year, the owner of the restricted employee housing unit shall submit tdvo copies of a repor4, on a form to be obtained from the Community Development Departmen4, to the Town of Vail Housing Authority and the Town of Vail Community Development Department verifying tha4 the dWelling unit continues to be owner occupied, that it has been occupied in accordance with Section IV of these guidelines; that 4he occupant has worked thirty hours per week for the preyious year, and the location of where the occupant has worked. B.. If the Town determines that there has been a violation o# the occupancy standards, the owner of the restricted employee housing unit shall be found 40 be in noncompliance. Penalties the Town may assess against the owner include eliminating resale gain, and/or penalties found in the Towrn of Vail Municipal Code Section 1.01.100. Any misrepresentation by an applicant in submittal material shall disqualify the applicant. VI. SUBMIYTAL REQUORERflENTS 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. . 6. Verification of current employment or job commitment in Vail or Eagle Coun4y (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 - I , 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. VII. FORECLOSURE The Town of Vail (the "Town") may, pursuant to an agreement entered 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 following option provisions shall be included in loan documents, or in a separate agreement entered into in connection with loan documents, and shall be executed by the lender, the Town Council, and the Authority. In the event of a foreclosure by the holder (including assigns of the holder) of tne 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. Notice. The holder shall give notice to the Authority and the Town Council that a certificate of purchase with respect to the affordable housing unit has been issued to said holder by the Public Trustee of Eagle County. Such notice will 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: Town Manager, Town of Vail 75 S. Frontage Road Vail, CO 81657 Chairman, Housing Authority of the Town 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 borrawer on the last day of the redemption period. " 4 ~ . ~ C. Second Option. The Au4hority shall have 15 days affer the expiration of b the Town Council's option as se4 fior4h above to exercise its option fio purchase 4he affordable housing uni4 by tendering to 4he holder, in cash or certified funds an amount equal 4o the redempfiion price which the borrower would have been required to pay on the last day of the redemption period. D. Ti41e. Upon receipf of the option price, the holder shall deliver to either , 4he P?uthority or the Town Council a special warranty deed, conveying the property 4o either the Authorify or the Town Council. Title shall be merchantable, iree and clear of liens and encumbrances which would render title unmerchan4able. In the event that neither the Au4hority or the Towm Council exercise their respective options as provided above, the Au4hori4y and the Town Council shall cause to be recorded in 4he records of 4he Clerk and Recorder of Eagle County, a full and complete release of 4he 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 4he holder follovuing the expiration of the options. 5 n MEMORANDUM TO: TOWN COUNCIL FROIVI: COMMUNITY DEVELOPMENT DEPARTMENT DATE: MAY 2, 1995 SUBJECT: CALL UP OF THE DRB APPROVAL OF THE CORNICE BUILDING NEW TENTPORARY SITE DEVELOPMENT SIGN REQUEST. Applicant: Carol Duddy, Slifer, Smith & Frampton/Vai( Associates Real Estate Planner: George Ruther On Thursday, Apri127, 1995, staff notified the applicant, Carol Duddy of Slifer, Smith and Frampton/Vail Associates Real Estate, that the Vail Town Council desired to review the Design Review Board's Aprii 19, 1995, approval of the new temporary site development sign for the Cornice Building located at 362 Vail Valley Drive. Staff indicated to the applicant that the Town Council "call up" was related to the unauthorized placement of the sign prior to receiving DRB approval. Additionally, the Council expressed a desire to amend the Design Review Board's condition that the temporary site development sign be removed no later than one year from the date of Design Review Board approval. The Council felt it may be more appropriate to limit the length of the display of the sign to six months since it had been up for six months prior to receiving proper Town of Vail approval. Pursuant to Section 16.20.160, a temporary site development sign shall be permitted in a special development district to indicate or identify a development of real property under construction (see attached). f`\everyone\georgeunemo\comice.tc .16e20.fl6m TernpogaPy site development signso Temporary siee developmcnt signs shall be regulated as follows: A. Purposc, to indicace o.r identifv, a dcvelopment of real , property under construction in H DMF, PA, CSC. CC l, CC2, SD, MDMF, L.DNIF, and RC zanes; . B. Size shall noc cxcecd twcnty squarc fcct, with a horizontal dimension no greatcr than tcn fece. Combincd maximum arca for morc than one sign shall not cxcced twcnty squarc fecta . C. Hei$ht, ehe eop of a freestanding sign shall bc no highcr than . cight fcce from grade. The top of a wall-mountcd sign shall bc no highcr than twcnty-fivc fect from cxisting gradc; D. Numbcr, onc sign per vehicular strect or major pcdestrian way which the business abuts, as determined by the adminis- trator, with a maximum of two signs permitted for the total project, subject to review by the design review board; E. I:oc.ation shall be subject to the approval of the design review board. A. wall-mounted sign shall be placed parallel . to the exterior wall adjacent to the street or major pedestrian way which the building abuts and shall be subject to the approval of the desim review board; F. Design, subject to the approval of the design review board; G. I.ighting, indirect or pan-channeled; H. Special provisions shall be as follows: l. Temporary site development signs shali be removed within ten days after an occupancy permit is issued. The sign shall be permitted for a period of one year, 2. The information permitted on temporary site develop- ment signs is limited to project name, real estate agents, • contractors, architects, and developers. The area of the sign or signs used for display of thc information othcr ~ than the project name is limited to 50 percent of the total area of each sign. ~ (Ord. 14(1982) § 1 d, f, g(part): Ord. 13(1976) § 3(part): Ord. I 9(1973) § 14(15).) ~ ~e e4 T0WN OF UAIL 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 303-479-21051 FAX 479-2157 MEMORAIVDUM TO: Vail Town Council FROM: Robert W. McLaurin Town Manager DATE: April 28, 1995 SUBJECT: Town Manager's Report 1996 Budqet Schedule Please find the attached schedule which is proposed for compieting the 1996 Town b~d/-,et. This schedule is similar to that of previous years. However, there is an area where we have changed the schedule. This involves the Council's review ofi the Town Manager's recommencled budget. This year we are proposing the Council review the departmental budgets with dep«rtment directors in two all day sessions. These would be held October 3rd and 10th. This is in contrast to the Tuesday/Thursday sessions which we have traditicnally done. If this is unaccaptable, please let us know and we will modify the schedule accordingly. In accordance with our previous budget discussions, we have scheduled a number of work sessions with the departments in order to prepare for the budget hearings in the ;afi. The principal purpose of these departmental work sessions will be for the Councii io gain abetter understanding of departmental missions, operations, and personnel. It is our intenfion the Cauncil hold these sessions on site (e.g., at Public Works, at the Library, etc.). The schedule ror tnese meetings is as follows: 5/16 - Police Department 5/23 - Library 6/6 - Fire Department 6/13 - Community Development 6/20 - Municipal Court, Finance/Data Processing, Administrative Services 6/27 - Public VVorks As indicated, these sessions will provide the Council a bet#er insight about each of the Town departments, their issues, and needs. It should make the budget review in the fa!l go more quickly. Town Manaqer Vacation I will be on vacation with my family from June 10 through June 20th. I will miss sev2r; days of work. During this time I will be available by phone and will stay in touch with the Town ofifices. Covered Bridqe Buildinq Siqns We are in the process of investigating the signage at the Covered Bridge building. It appears there may be violations. Shop owners have been sent certified letters notifying them of their violations. VVe will take appropriate follow-up action to insure compliance. Christmas Liqhts , The Council requested clarification on the regulations with respect to Christmas lights. Specifically, there was a discussion about Christmas lights still being on this time of the year. Christmas lights are regulated by Section 18.54.0500) of the Vail Municipal Code. Specifically this section states that commercial areas can display Christmas lights all year round. Residential areas can display them only between November 1 st and April 15th of each year. !f you have specific areas of question, please let me know so staff can follow-up with their removal. RV1l M/aw C:\Townmgr.rpt 1 . , 1996 Budget Calendar $oP 9995 Decide if the 96 Budget UVill Be Organized Around Programs January 31 D06VE Council Re4Pea4 - Caoal Se44ing with ghe Town Council & Staff April 25 Depar4rnen4s Mee4 with TC to Discuss Qaoals, Vssues & AAeastares May - June ( VVork Sessions) Pertormance iVleasure Assessment to the Town Manager May 1 PPesen4 Budgef Policies to Town Council May 16 Review fResul4s of Communi4y SuPVey June 20 Complete Redenue FoPecas4s & Rediew wi4hTown Council July 11 Department Goals, Issues & Performance Nieasures are due Juty 1 Finish Salary Spreadsheet & Have Departments Review July 14 Determine Spending Limits July 21 Budget Packets to Departments July 28 Departmental Budgets Complete September 1 Departmental Meetings with Town Nigr & Finance Director September 11-15 Town Managers Budget Complete & Deliver to the Town Council September 29 Con4ribufion Reques4s September 19, 26 Budgef WoPkshops with cJepar4men4s October 3, 10 ALL Day Public Hearing / 1 s4 Reading October 17 Second Reac9ing / Budge4 Adop4ion fVovember 7 NOTE: The items in bold involve the Town Council BDGTCAL5.VI/K4 04/21 /95 SENT BY:EAGLE COllNTY ; 4-27-95 ; 16:28 ; 3033287207- 3034792157;# 11 5 Apri9 27, 1995 - 16:28 - ~ . . : rnca i c:(.)uNI Y icU~LDiHC; c n iic:[ 01 1111: %91 1190nnwnv It(i.l;Ox ll.;rl NOARI7 ()I (:t )MMISSt()NI h.ti I Ai;LC, t.( )I ( IRADI )11164 I ! 10.5} :S'1.lS-lfffl5 . =ti • ~ ` fAX: f'S(l';) .f'11L7:>117 ` ..~::r~.; . y.; ~~GLE COUNTYe COLO"RADO A EN A BOMD OF COUNTY toOMIVIIooIaNER~ LAR ~~~~N C3 DAY Y 1 9 199on" t7{}4rYrEra6r{ciriYddRxcta7r~'7r*iF a4 ~sr4e•Dkibiri~ttY!*YY'i7Y9ta'trasryr W Ytdr 9e0Fd1 ' 10u30 ViORK SESSION ° VVEBILY UrDATE Ja4~f D. LeIVIS, COtJllty Wnager 10.30 -11e00 BREAK 11:00 9 12:00 WORK AESSION m PENa N~ GATION Jafi'1eS R FPItze, (;QLInty AttOR1ey 12o00 - 1a30 LUNCH 1a30 _ 2000 EAC,LE VALLEY UBRARY D1S71RICf FOR PROI'OS~ GLE UERARY S17E Judy Yaler, Eag1e VaIley Ubrary Dstrict 2a00- 2o30 CH'• D 6~0UP9~y~°~ AWARD ~ra~ 9 i'E~O@r TO @~~~ OJ04P . V ~ 011 6ma9 YFOa}~y ` STAFF KathYyrl Stumm, C°AYOwddm Depadn-ent of HurTan Services SEN'f BY-EAGLE COUNTY ; 4-27-95 ; 16:29 ; 3033287207- 3034792157;# 2/ 5 220 - ° COIVS Itetrn of a routire md r?orroontrovergia) natum are Placed an the mnggrrt celenclar to allow the Boarr9 of Caurty Cpr=MloatP.m tn spetd Itc ti11'e and energy on rmre orporW ibaffm on a Ien9ft agyda kv cw*rassioner maY req,est that an iEem be "ROuIOVE" frorn the conserd camndar and owlddered seperatey. Arry rnerrter af the publlc mey "RMuEST" any item 1e"REMMIlEi" irarn ths Coment Apanda. I e ~~YING LiMa Pankuch, A=unting Rftrk Silverthoen, Controller ALMON., Approval subject to revieuv by the Courtty 9Vlanager. ~ AGREEMENT B"MEN EAGLE C , STAT'E OF COLORADO AND SAL1/A71ON J4RIftY Kathleen Forinash, Health and I-luman Serviaes ACW e Consider appraval. 2AS - 3. A RESOUMON A?4fTFiDR17JNG PAR11AL RELEASE OF COLLATERAL AND COMMENCEMENT OF 71141O Y~ WVARRANTY PERIOD FOFZ ARDEN REAL. ESTATE - THE PJVER FORGE George Ftoussos, Ertgineering ACTION: Consider approval. EL FMST AMEIVDMEIVT TO TFIE SUBD1111S10N IhIFRO1fIENENTS AGREENEY]" rOR COdD19,LERA SU 10111, FIL1NG 14 John Althaff, Ertgineen'ng ON: C:onsider approval. C. SU ON LLATEFiAL9 CONSENT ASSIGNIIOENNT AIVD ASSUMP'iION QF CER7AIN GAT]ON.S9 LLERA St1EUVISlOfVs FILING 14 John Althoff, Engineering ACTION: Consider approval. 0. ADDENDUM, NIJIiIBER 6 TO TI-E SIJBDIVISION9 IMP NgS AGREEMW FQR SUMVIT VIS7A, RE S 11IIDED l4S SOPRS 1/IEIIVAPAR'i11AEIVTS Pafiti Haefeli, P1ar1nirag, Cornmurdty Development ACMON: Consider appaoval. E. iSr+O y VT/°1TE OF C oeOeOIY11./O MYGa7T MEe„AL HEAI-TH CENTER FO' `v ENFWYEE A7a7IST/'91YCC Cf'1PIS APi'U1Stead, Hl,dP71ar1 ResOIJroes o Coff11sIdEfi" approval. SENT BY:EAGLE COUNTY ; 4-27-95 ; 16:29 ~ 3033287207- 3034792157;# 3% 5 F. ,p CONTRACT sEnNEEN !../{"6r~ ° W , ~d0 H E ~ C`A~~ 1"01./ V.Y111- CONSmV V, 0~~ FOR C lDCTiON OF JKJSTICE ANIVEC BUILDIBVG flli'+ke Bradley, Crounds and Building ACTION: Cor'sider approval. Q PUD GLJIDE 93 ~!ENIYNEIYP EL JE~ TEXACO PUD (bbled forrn 41'18/959 4l24/95) F-flie Caryl, Planner T1 0 CorisidPr appmval. 300 - 3o15. BREAK 315- GROUND 11G C THE JUSTIC~ ~ RANNEX Uke Bradley, Grounds and Buildings 6:06 - WORK SE IOlrl - T CLJFF 4oa Flre stW. Pza Off IFiE NocT naEETING OF THE EAGLE cAtNPY COWnSS1oN6ERS VNLL BE HELD oN MAY 2,1995 At1 flAEM1PdGS 4MLL. BE HELD IN 71'4E Lq('aLE COIJNlTY BUILDING - 500 BROACMWY, EAGLE• OR 0T1iEfi1A115E N07ED. THIS AGENDA IS PROMDED FOR 1WOPA%TIOFW. PURPOSE.S OIVLV - ALL TTMES ARE MPFtCDCIIW0.TE THE BOARD wtflLE IN SESSION A(AY COfv51DEi 071-IER ITHU6 THAT ARE BRaUGHT BEF4RE tT. SENT BY:EAGLE COUNTY ; 4-27-95 ~ 16:29 ; 3033287207- 3034792157;# 4/ 5 Apdl 27, 1995 - 16:29 4. • I AG1- i'c )l.IN7Y uu(I f)W!; - ` YUII Ilh( )AI )WAY fllll(:Ill}'II-IC _ J j~~: . I'.().II()x 11';ll iti )nRl if t: ()A4MISS Ic 1Nl Wti FqGLC, CUI c)hqI N' ) H I (,.11 0111) 'Ifrl 11605 :;':e,:•.~ IAX: (4111) .lZ11-72I17 ~OUNT'Y; COLORA~~ BOARD (C)F ~~UNTY ""'MMISSIONEoc PLANNING MEET1NG DAY Y 29 1995 i}t}s7{rsfSrrearrs7YP91rt7Yttritl}sSkYYifrYtl7r~itkiri}~2SA{: aotri7Yk~ 9:00 - 9:30 a.m FLElA1lON GAS PIPE].INE Pattie Haefeli, Planning Technician, Corrmunity Dei?elopment AC-nC)N: Consider a mquesQ to aonstr~ aperate and rnaintain a 12 inch pipeline behAaen Rifle ared Avon. ~ PLAT & SWREO=OIV S1GMNG KathY Eastley, Planning Techniaan, Corrununity Developrrieerit 9° - 10a00 ~E-312 LT1VER EKEWFION PGathy Easdey, Planning Technician, Corvmunity Development A~,"rGON: To consider an exemption fmrn subdivision regulgons fbr a 5acne parcel of larld located on Har+dscrabble Road. 10.00 _ 10:15 am AF1-H'Ohland fUle~dOiAc, Lot 309 ~Ti M 2 KathY East(ey, PIaraning Techdci2n, Corrmunit/ Develvpment ACTION: To consider the Building Envelepe e4mendment SENT BY:EAGLE COUNTY ; 4-27-95 ; 16:30 ; 3033287207- 3434792157;# 5/ 5 10:15 ° 10:30 man @ 11ai, Fbg 199 9st Armenrkmrt ~oI~stley, Planning Techniaar,, COrnrnunity Pm p?CT9ON: To consider the Pesubdivision of 4lots fo create 6 laCs in Ammfmd @Vail, Filing 19. 10o30 - 10045 a_m BREAK 10o45 p 11e15 pm PD-207 ue La?~ PUD ° Pauf Clarkson, Plartner, Comrrwnity Development ACY6ON: To eonsider a requesf to amend the Elue Lake PUb Oortd Document to allannr for oertain school and professional uses vftin the Community Centtex District. As uell as ft Filing 1I near yard setbadc requirerlent from 2(Y 4012.5. 11o16 1215 Am P °doy Cmk Paul Oarksora, Planner, Ceonrunity [)eVelopmerat AGTION: To oDmider 13 single fartvly Iots and ause by right fmr the e)dsting unit as a bed and breakfast. ~2e16 - 1o30 ~m LUNCH 130 - 220 .pF111LS V0ORK ~~~~IO~ ~ CLASSI¦'CATION ANiS CONPENSATION REVISIONS M EMPLOYEE HANDB00K Chds Arraistead, Human ftesouroes 2o30 ~ 3A5 BREAK 3e46 pLm ~NTERVIEW~ PLANIVIIVG COIVIIVIISSION APPCNNTNENTS fC~essleP, /~drrinistrative Supenrisor, Cot~tri~unity ~ 4AS EARTH DAY 7EIt COIV1EST e4VV14RW Ray Wrry, Erwironrnerrta8 Health IVbnager, Corromnity Developrmni 71-E PlEXXT IUlEET1AIG 0F T1-IE EACsLE CG1PtfiY COMMOPERS UI&LL @E W0.D Old IVIAY 9, tg8?i A!L IVEEi1NGS 1MlJ. BE FEL7 Ifil TI-E EAGIE COUIYTY BUILDlIVG • 5M MZCIb1Y, EAGLE - OR QRfEMSE IV07ID. 7HI5 AGENDA IS PFKA/IDED FOR IPFOFOAl10PlAL F4JRPOS6 OwY • ALL TUiIES AaiE APPROXIRAA'iL TiE pOARD MLE Im 5Es.510M iUlAY CONSIDEld 6T1-ER IIHIAS T}AYARE BRQUGiT mpoRE IT. xc: ~ To: All Interestecl Parties ~ Fa-oin: Cherie Paller 949-7086 Re: Faniily Center Meeting next gi°oup meettIlngo MN)mdlaq, May 8th, 1995 S:QDQD - 7e00 pnui Meetugng IJDWARDS ELEIVIENTARY SCHOOL LIBRARY AGENDA 1e Sel$'-gui trodauctIlo Qn/Representing what organization? 2. gDIl•esentatnoIli off feasnbilaty study (Ry Southard) >member ageilcy survey > legal opinioli a. Cooperative/501(c)(3) b. altei-natives 3e Saapport (and sta-oQUg couanu-nitdnent) lle~~ers... for Family Center/need f1SAP for 1'unclinb...PLEASL BRING TO 1VITG. or inail to Cherie at TRC/P O Box 2558/Avon 81620...We need letters from individuals, agencies, etc... Thanks! If you have an agenda ilem, please calB me (949-7097) so I can arrange time for discussion. 77tanks! IlDAN1L' 1L PRJL' Sllil~~AU Olr7 Thui-sday, 1VIay 11, 1995 4-5:30 ptn in the Eagle County Building/Eagle County rooin 'l'liis presentation is for YOUR Staff (paid aiic[ volunleer) and for the geiiej-al (JUUtIC to leai-n a iiiiie about alot of abE'IiCieS iI'i oiil' i;Ol-ylliltii"tiiy. Re~'it'eSE31ra.iJ.y'eS of over a dozeii liumaii service groups will present inforrllation about tlleir scr-vices, as well as provide a handout describiiig their agency. This valuable opporlunity is provideo-free of cost to all interested parties. A question/answer period will be held at the end of the presentation. PLEASE advertise this aniong your "circle of friends/associates", and encourage them to join this enlightening sessioia. IlF YOU AGR1LILD 71'O llDA1I8TllCllllDt1111'E, pflease ca9l C9ieu-ee (949-7097) ~ON~~RM by 518195P o P Thank you! I1VI1'ORTANT MEETING INFORMATION ENCLOSED!!! Iiagle Valley Family Center i/o T1ZC: 1'OI3 2558 Avon, Colorado 81620 F~^ ' A P R 26 1995 ~ Pam Braridrneyer 75 S. Frontage Rd. Vail CO 81657 , ARarch/Aprii 1995 COLORADO DEPARTMEN'r' OF TRANSPORTATION Iq E %NES "A BIMONTHLY NEWSLETTER HIGHLIGHTING COLORADO TRANSPORTATION ISSUES" Coopeaation built dhe initial bridge. In April 1922 the Preserv'lng the H'istorIlc former Coloaado Department of Highways and Aqorgan Counry 0 o each paid half the cost of a major bridge to replxe a timter ~lnbow Arch Brl.ge one anoved in 1890 to this crossing of the South Platte River just no a 4 h o f Fort Morgan. ' I he d e s ign selected was from Iowa at ~or~ ~~~~aii engineer James ARaish who had patented his concreee arch, called the aainbow or Marsh arch, in 1912. Graceful and Federal, state ared lar.al govemanenPs have coopeaated in innovatiee, Marsh bradges were bualt in limited numbers acsoss a successful effort to preserve and rebuild the hiscoric Raintmw America until ehe 1930s. Pach arch involved a steel skeleton Arch bridge north of Fort RRorgan. evrapped by concnete poured into wooden forms azound it. The S.H. 52 bridge employed local geople (who eamed 35 cenfs an The bridge, built in 1922 - 23, has bmn "aside" S.H. hour) who used sand from the river bed to malce cement hauled 52 since the state closed it in 1987 because of its serious up runways. deterioration. A new adjacent baidge carries auto and truck traffic over the South Platfe River. Affter its rehabilitation, the Construc6on will replace ooncreee which has fallen Rainbow Arch bridge evill sen+e pedestrians, bicyclists, hikers away from the steel framework, restoring features similar to and picnickers as pae4 of a park being develoged by Fort the origenal. Two examples are the lamp gosts which once lit Morgan. It will become a jumping-off paint for the Pawnee the bridge with gas, and the pipeline which used to catry water Pioneer Scenic and Hastoric Byway, and evill showcase one of across the raver. Colorado's unique examples of aeinfoaced concrete engineening. Historians in Fort ARorgan found a lamp gwst from the . original bridge in a yard 'an town. This allows CDOT to order This spring the Colocado Depaelment of identical posts. A mold of the base will be made so that neev TransporPation evill ogen bads for a construction ptoject to gosts will have identacal bases. C;lass globes will be similar eo rehabilitate the old bridge. A peogased $625,CW budget has the original glotes, even though new lights will be electric $500,000 in federal"enhancemene" funding, $100,000 from the instead of gas. The original bridge had a 6" diameeer cast eson Colorado Hastorical Society, and city funds. ...coeatinutd retxBpag¢ _ ..a101o,'C. ~!m6e,p_ e0',.se~\~ ~~~vm.mv avo ~ Q~f~~Q~q~ om m - . . ~ . - ti . ' ~ _ . •oa~. . ~ . . . '7S y',. _ ~ _ -•=-~k,. _.~,~4 r i. j.~ • ~ " A'" ~ Colorado Aeronautical Board and the Federa? Aviation Administration: Partners in Improving High Country Aviation Service X It's common for the Federal Aviation Administration w give money to a state agency for aviation purposes. In an s unusual turncaround helping high country airport operations, ~ • F` ' the Colorado Aeronautical Board has contri6uted to federal projects, helping the FAA install Remote Communacation Outlets (RCO) at Tellurade and Steamboat Springs. . Previousiy, Pilots departing Telluride had to file flight plans and conduct other pre-deparhue business by telephone to Denver, then scurry back out to their rewed-up aircraft to take off before takeoff clearance expired. While one pilot was ~ amanging his takeoff, other planes cincled Telluride waiting for FAA clearance to land ~ Now pilots at Telluride converse with the Denver facility by radio directly from their planes. The RCO is an. ' unstaffed transmitter/receiver that relays conversations between pilots in the Telluride area and the air traffic control This lamp post from the original bridge is in a Fort Morgan yard. A mold of its base will assure that new posrs mimic those frora 1922. Photo courtesy Ms. Lyn Deal, Fort Morgan Heritage Museum. , pipe running its 1,110-ft. length, canying water, an identical ~ pipe will be installed, but carrying instead a two-inch gas pipe inside it. "Our main goal was to replxe concrete and restore r--- the struchual integrity of this bridge,,,said Behrooz Far. CDOT's bridge engineer who designed the structure ~ rehabilitation. "Me deck is in good shape, especiallY considering it is more than 70 years old We concentrated on the arches and hangers, and have been able to design in original details." 'Il?e Rainbow Arch bridge stood up against heavy truck traffic and survived three majorfloods during its li[etime. It was placed on the National Register of Historic Places in 1984 following a nomination of historic bridges conducted by the (then) Colorado ITepartment of Highways. It is one of the lon est rainbow arch brid es In America and is the ord S 8 Y ezample ever built in Colorado. In 1992, it was designated a Colorado Civil Engineering Landmark by the American Society of Civil Pngineers for its patented structural type. Remote Comnunication Outlets like this one help pilots in high country locations talk directly with the FAA's,tlight Page 2 services station in Denver. ~ specialists at FAA's Automated Flighe Service Station in ending adversareal relationships on construction job sites and I?enver. Using at, pilois and specialists irwsacct en rouee reducing lidgation. The award is named for AGC's 1991 cleardnces, depar4ure authorizations, departure/landing times, President, R+farvin M. Black. Black actively prornoted and even frade in¢'ormation about current weather conditions, partnering considered by many as a formai way to put the handshake back inw construction. Colorado Division of Aeronautecs director Dennis . Itoberts initiated the project in which Colorado imught an 9dinners were selected as examples of partnering at its equipment shelter and antenna for the ItCO. With help firom finesL All of the winning projects: the Telluride airport, the state provided the site for tt?e fxility. 4 I?eveloped a charter and met its goals; 'Ihe RCO was built to FAA specifications and the fedeeal 0 Had excellent safety records; agency provided electronic equipment and will maintain it. It 4 Were completed on or under budget; all went operational in mid Decemlee vvith FAA sgending 0 L)eveloped contllct resolution procedures; ahaut $53,000 and the state spending $72,300. 4 Used motivational and teambuilding activities; 0 Applied value engineering and advanced "Ms helps aircraft capacity, and improves safety all technologies; and around," says itolerts. "It's the kind of improvement the 0 Developed open communications and trust Aeronautical Board is looking to promote. In fact, within a among stakeholders. few months we hoge co complete installadon of an RCO at Steamloat Springs." The Steamhaat Springs airgort currently 'fhis El itancho project faced difficuldes from the has no commercial service but could enhance general aviaaon start. There was some public opposition. The bridge worls was capacity with an RC0 the same way Telluride daes. complicated, as was the aff- ramp flyover structum. I~ARTNERW~'°u AWA1l8D CDUT and BRNGS Q:OLORADO NAT~~~AL Flatiron won public support ~~~~GNITffON by continually providing ` ~ . informatiorr II=909 Ell Ratrncho about the untert°change constiz°aflctoon pmiwc, its 1 by Toiad Gatzen schedule and a r design, and 'Ihe Colorado Bepartment of Transgartation and Flatiron information Structures Company of Longmont are the winners of the 1995 about the - A/larvin M. Black Excellence in Partnering Award. CBOT and PeoPle working Flatiron Structures evere selected for their outstanding on the project achievements on the $8 million I-70 and El Rancho (S.H. 74) ~a interchange construcdon project in Jefferson county. The award was presented by the Associated General Contractors of Photo by Gregg Gargan, CDOT America (AGC) as part of its 76th Annual Convention held in San Diego, California. Only seven other top awards were To break the technical barriers, the stakeholders given in the national program which recognizes the develo close wor~Cin and construction projects that best represent the principles of ~ 8 Pegso~all'elationships which allowed issues to 1e resolved fairly and quickly and with "Partnering". CIIaT Project Engineer John Crowder and minimal cost. The stakeholders (CDOT, Flatiron and the sub- representatives from Flatiron Structures Company, Brundage- contractors) held partriering workshops lefore construction Bone Concrete Pumping and Mobile Pre-ARix accepted the began and midway through the project to bring new staff and award in San Diego. subcontraceors on haard. Everyone who worked on the project fxed high iaaffic volumes while working in an 'I'he 1Vdarvin M. Black Excellence in Partnering Awards evere established in 1992 as a practical means of environmentally sensitive mountain area under the close Page 3 con8iestsed ea¢xt page. - scrutiny of the local neighbortwods and businesses. All through the Prolect, the stakeholders remained motivated by Fust came the fire. It ravaged Storm King Mountain and sorrounding hillsides northwest of Glenwood Springs last their desire to cooperate and succeed far the benefit of the team JWy, lilling 14 firefighters and denuding the ground of tr+ees and to provide a high quality product for the citizens of and shrubs. Geologists Irnew that snowmelt and rain would Colorado. later erode this landscape quickly and perhaps, 'Ihe project came in three days ahead of schedule and r.atastrophicay. within budget despite three contract modifications totalling $104,250. There was only one recoidable safety incident . ~ Q°~ ~"e September 2, following a cloudburs~ during the entire projecL. The prime contiactor and the sub- Three miles long and more than siz feet deep in places, the slippery ooae buried five automobiles and stranded 25 more oontractors worked a total of 74,971 hoars. Z,ern claims were along the Interstate 70 corridor west of bnwn. State recorded and ccews even had to shut dowm the project for an maintenance workers batiling the heavy muck were able to entire day so that 3,000 bicyclists could pass through the open I-70 traffic to one lane through the Labor Day weekend Pj'olecL AGC is a national trade association of more than During each push with a heavy equipment blade, each 32,500 firms, including 8,000 of America's leading general lift with a scoop, workers knew that this was not to be the first such operation. contracting firms. AGC's general contracor members have more than 24,500 industry firms associated with them through a network of 101 AGC Chapters. 'K• srwu uwo ~t wd10~~vE M(LI~Oi1T First the Fire; , o0 0 ?^TT . `At Ffft , of.4` a then the Mud R- O ~ ~S i.. ~ ? ;Ij ' y a.wlein . ! ' .:1 y . ` ~.io ' , ~.w i;.i I , L__ ' 4 . . i ~~~!F? LENWOOD ; V: , SPRINGS ~ -."'7 ,..o --~--T:• ~ •,D:~~~1 i . . , 'Iliere are five drainage courses off Stoim King Mountain ~ ~ .:,,~'~"''r~''t ~ which could send mud and debris across Interstate 70 (stt noap). And there are two "windows" of maximum hazard 'M'?~~,..`'-~- ;:R; identified by the Cobrado Geobgical Survey and others: April . ~ . ~ • ' and May during the spring snow melt, and July through : i~~~~. t~~ September during intense thunderstnrms. . J. ~ 4~;`*~`-, -„-:?c<'~ . . - The Colorado Department of Transportation is working with a vatiety of fedetal and state agencies to develop _ - respon9e plans during the years it will take for new ground- holding vegetation to grow on the mountain. While the • , quickest response to I-70 impact involves state maintenance workers alert to local rainstorm activity and watching fa new erosion, there are technical elements available whech caild help mudslide detection. Page 4 ~ ~cting as a coordinating agemy along evath BecWca1 New Car pool g,~~~ Opens ~ppoM at~ ~loraao Geoiogical swver (undff ft State•S U.S. 36 ~o of De~ve~° I~~rnene of 1~~ Resoair+ces) es e~~ieeg aneeaim enidgataon along with eenesgency resporm pAanueieeg. One by Tons Gatzen cratacal eeeed is accurate and updated aerW p9sotography and eiaps. T'he U.S. Geobgical Sarvey isetends Ho spearhead thes A eews confeaeeeicae was held February 1, eo apen the effrn4 as soon as fundang lecoreees avaalable. In addation, the high Occupancy vehicle (HOV) lane on eastbound U.S. 36 U.S. Soil Conservation Seavdct plarss a"daenage assessment" between Sheridan Blvd. and fhe terminal east of Pecos Sc. 'Ihe of the area. Coloaado I1eI3 partment of Traresportataon (CBO'I) modified and extended the laeiee to accommodate car pools as a way to '%he U.S. Buaeau of Laeed Mweagernent already uses ereanage the nrbcr+easing fiaffic eolunaes on the Baildeg Faeeway. weeather stataons whach Peelp dwk the couase off gonm across evestean Colorado. Two add'atioabal stapaons aee benng aeestalled 'Ilbe first pcrfion of the lvee opened 'an 1987 starting ai on Sfoam King mountain, one atear the top arod aaeothea along Zuni Se. 'I1ee original de,cign accamQnodated only RTID buses. the lower end of one of dw westem draenages nm 1-70. Adow CD(7T has extended the lane to Sheaidan Blvd and made Sensogs an each stabn rneasue+e air teengeaaem aaed wind, amprovements to allow the addidon of car pools. duration aeed arroounts of raan, and soal ternperaina+e and rseoisture. IJsing aadao 5requercees, this infforrrmtaan evill be \lehicles wifh tvvo ar enore accuparets enay usc the lane available eo lmth the Colarado 3tate Patrol and the C'rarfield at any tiieee. Drivers using the lane illegally could he fined up County Sheriff dispatch ofFces in Glenwaud Springs. eo $45 and haee points charged against their drlvers licenx. The BI,Aq ared Soil Conseavation Baaad began aerial T'rakTw on the Boulder Fe+eeway has teen growaeeg seeding of Stogm King ARountain 1-ig November, bue steadily. When the a+oute opened as ihe Boulder Tumpike fn slgnificant new growrth of plants avall ta1ce ewo or tha+ee seasons. 1952, an average of 4,740 vehacles a day used the highway, ° Lase monch the BI.M helpad ire the effoat Bo clean Interstate"70 Ten years ago, an 1984, ftffic volume had grown to 41,000 cu1ve84s helow Stogm Kang RRoua?tain, vehicles on an aeerage day. Cleanup easks, Planting and vmeous suedies ase Tmday, 73,000 eehicles Qraeel the fraeway daily at exgeceed eo continue. Bue whale evaiting for the rroountain w Sheridan Blvd. and that volume grows to over 9(),000 vehicles heal, daw enfaccemeait ogficeas and rmainBenaeece crews will at Pecos SL have go aemaan alere for the nexf enud ffloev. T1ee aoew ' eechnoEogy will help, as crews aesd sensors keep a vigilant At a distance of 3.6 annles, the HOV lane on easibound watch on the barren sloges. U.S. 36 is the longest car pool lane yef opened 'an the metro • area. 'Ilee cose of converting and extending the eastbound HO`I law was $300,000. If successful, a bus-car pool laaee could 1e added to the westbound side. A ~ 'Ihis fall, the "IDowntown F.xpress„ lanes on I-23 will open to car pools from 70th Ave. t0 20th St, a d'astance of five miles. Car paolers using the Bouldea Freeway HOV will be , t able to enter the Downtown Bxpress lanes at 58th Ave. The Downtown Express is a joant pro,jec;t of CI)OT, the Regional r_ Transportadon District and the city and oounty of I)enver. Commutsrs interested in forming a car pool cars calil RideAman ers at 458- ~ p(?OL (7665) to obtain a 9ast of individuals evith similar destinations and haus who vmt to 9~__:-`~ =~..~R ride stiar+e. 'Ihas es a 6-ee servece offered by the Denver Regiorsal Cowcil of Governments (DRCOCs). King Mo~~ madsUtr~ Photos ops~ptembeP a, As ~ C~'~' R~=sident ' r Skip ~I9ad ~et at, ~ B~1 Coa~SY ojG,ra..~ .9mw•.,:om Y~ re imot paut of the soiu6on, 7oee9n pa$t of aeC polIution.99 Page 5 ~ r ~ WASMGTON UPDITE by Marge Price - LinBon, Mields, RasBer & Cottoae, Ltd. Colorado Department of Transportation eaecutive dirwbos Guillermo "Bill" Vidat testified in labe May before the Transportation Appropriations SubcommiQtee in Washington, D.C. Technical information on Denver's I-25/I-70 ••MousevP„ interchan8e Pr'oJed was provided by I,arry Warner, CDOT's Region VI Tzanspcxtation D'arector. Subcommittce members gave the Coloradans a warm reception and asked few queshons, The Depariment is requesting $22 million 'sn discretionary federal funds for the Mousetrap for Fiscal Year 1995/96. Next step in the process is foa all of the requests bo be balanced against budget targets, then trimmed to meet ¢he dollar amoants set specifically for the U.S. Depaitment of Transportation. With all af ehe cuts in current year funding beang considered simultameously in Hoa,4e and Senate versions of rescission bills, the niunbers for FY 1996 are eapected to be considerabby lower than in FY 1995. Which projects will 8et toP PrioritY? Probably those already undaway, those which have strong local matching funds, and those which are ready to use the mancy (designs are on the shelf, fog example) as soon a4 it is allocated. Denver's busiest nnterchange, the ••Mouselrap,,, meets all of those criteria. Other Colorado grojem (all supported by CDOT) mquesting money include: t+, Broedway Viaduct in Demver, a second-year project which received two million dollars last year. Dick Brasher, deputy manager of the Denver Public Works Department, ezplained the Ba+oadway project at the hearing and requested priority designation for it in the subcommittee's report. Specifically, the FY 1996 request is for $16.08 million in bridge discre6onary funding. is. Powers Boukeard in Colmrado Spriegs is a new project only in teimms of asldng for Congressional assistance. It has baen underway using state and local resources for mone than a decade. Mayor Bob Isaac pointed oyt in his statement to the subcommittee that the project was listed in the National Highway Sysbem bill which passed the House last year bat did not become law. 'I1oat bill will get a new scart this year, and the City of Colorddo Springs will again seek authorization for Powers Blvd. in it ~ is. The Regiooal Teansportation District's soutlewest corridor light eail Prolect also reqoested $15 million of Congressional assistance. This project, like Powers Blvd, was listed in the ~ House NHS bill last year. i Budget Issues Abound i ~ Houx Transpoctation and Infrastructure Commiuee chairman Bud Shuster's (R - Pennsylvania) legislation mo take ~ traasportation trust funds oR budget (HR 842) got a significant boost the third wcek of May when House Speaker Newt Gingrich (R-Georgia) spokeout in favor of the concept. However, Gingrich included a warning that the plaai's impact on the bottom line will have to be dealt with. Ile Speaker said he is worldng with Shuster to find a"budget-neutral" way to shift the trust fund programs off-budget. He stoppad short of predicting that a way woald be found. . . . continued next page. Page 6 v O ' ~ r A , d - fltefarfng eo the build-up of wnobflagaced uuse ffured balances, Gingaich said he f~ls "very s8~aegly that we should spend the anoney ar we shanld cut the 6axx. If is totally eva+ong eo be t~ng thae moa~cy in as a ussr fee ared fhen transfeasang it ~rasSh Att~nuators to Pude the deficit." Thai as musac to the ears of the aviation, highway ared transif industaY SrouPS that have sounded the A~~~~~~,l~~rs same complaint almut ann~aal obligation ceilangs which . prevent the spend doevn of baege trust fieeid balwces. aIl state OI°~ers 'I'he Speaker's suppoa4 is a bag plus for Shuster, who inust do battle with smerse of Gingrich's anost impve4arsf lieuteeuants, House Budget Cosmmittee chairveean John Kasich One of the fiese tasks of spring for state enaintenance (R-Ohio) ared Appcvpaiaeaons Cmraeenietm chaeanean Bob workers is a+estriping pavement markings worn by rrmnths of Livangston (It-Lnuisiana), bOth of wPeom sbmgly oMw the winter weathes and sanding enaterial. Last month paint creevs Shuster plan. Bue the probkm of devisang a "budgee-neutral" on the westean slope joined Fa+ont Range maintenance evay to do at is a¢oughae. Takang the $33 ballnon a year in crews en oenership of reeew safety devices that are enounted highway, aviation and watervi,ays trust gUmds spending off behind trucks which follow painting operators. budget as Shaster wants evould tnean Qhaf spendang the trust funds evould not couoee againse the dome$ac ddscmdaomary Consider that paint trucks usually have eo travel at sp¢adsv caps that will remain essendally flat ihrough Fiscal sPeeds less ehan seven miles per hour, even along Interstaee Yeai' 1998, under ferms of the current five-year budget highways. agreement. 'Ihe new devece as a crash attenuator system tha8 can In recene years, as the annual budget sesAlution's absoab impacts of up to 60 miles per hour. In tesis, a gypical ceilings on fedegal budget authority and outlays have begun to PassenBer vehicle usually incurs only menimal damage. Ae tighten, aPProPraators have kept the haghway obligation ceiling $11.500 cose per unit, these attenuators are good insurance, and other obligation lamits in the annual U.S. DUT funding protecting the motoring public and crews alike. bill beImw the level pCxrnatted by the auehoaezing legislation, evhich for haghways and eaansit is the 1991 IST'EA (Intermodal Faint ct+t;w crash attenuator equipment has bcen used Surface T'raLVuqation Effacaency Act). By eaking the wst for years in denselY POPUlated Region 6(metropolitan Denver) funds off-budget, Shuster evould reanove the ancentive to keep and Region 1(east central Colorado, west to Summit County trust fund spending heloev the levels allowed by the revenoes of including I-70). A1ow CDOT Region 3 joins the group as its the various funds. two paint crews cover the west central part of the state. Dureng the warm weather enonths state crews will repaint the steipes Congress evould aLso Piave 4o decide to what extent the on 1,400 miles of state highway in Mesa, Garfield, Fagle, transit and Fedeaal Avsation Administration progiams would Pitlcin, Rio Blanco, Lake, I2elta, R/Iontrose, Gunnison and still daaev from genewal fiued appropriateons. TPoe push to spin Hinsdale counties. off the FAA's air iaaffic oontrol systenn fo a quasi-government entity only complicates the pa+oblem. .,`~x: ~ Shuster has some time to work dhings out and rerruit more members to hls plan. From noey unfil the end of the frrst 100 daYs in mid-April, the Hause will sdck to its "Contrwt . ~ - w. ' 9dith America" agenda. After that, although it is increasingly likely tfat much of the agenda will still be soeneevhere in the legislative mill, Shoster plans to have his off-budget bill 'J! i (which he has named the Truth in Budgeting Act) ready for House flaar xtion as saan as he can get it scheduled. Mother preorety item for Shusder's committee, the bill Bo defene the Na4iona9 Higbwsy 5ystem, bw bm panB off nnaQull ?aQeu'. This device has hvo working elemcnts: a scissor-action page 7 . part directly behind the tretck which can collapse on erawact, and a long section filled bvith energy-ebsorbing foam. y t` ~ . Glenwood Canyon hiShway conemissioner and beard member since its inception in 1986, was selectsd as the first recipient. Bike Path Wins Mx sewnd award was presented to the Colocado Excellence Awarcl lkPmftent of'IYansportadon at the March meeting of the state Transparta6on Commission. Board chairman Jack I.evine praised The recreatioe~ path meandering thiough mare than ~~SP~ ' o th o twelve miles of Glenwood Canyon, in some places suspended design and the , from Intetstate 70 retaining walls and in others built on its sensihve a own separate grade between the highway and the.Colorado construcbion River, was recognized March 17 with an Award of Ezcellence which created _ by the Colorado Bicycling Advisory Board (CBAB)• the ca"Y°n trail. Ilie trail serves bicyclists, hikers and the : ~ handicapped,,linking Glenwoad Springs streets with the eastern end of the canyon. It helps connect four specially designed Interstate rest areas, and ot~'ers access to hiku?g trails The bike path links all four of thronghout the White River National forest Glenwood Canyon's I-70 rest areas. 'f.•}.:?::•:'f.^.;.^,:$~:: '+TWW..};~»T:tiRi~:Y4~M;S:?L~q?? i~.'•:`7.';;:h:' •iiJ;itiiFf~i:?r'.}ii~~~';•'.~f.~i~ti~}`i^~~v:};: . ~v::::n.i• , ::.::::.}•:F:::vi:...; ...r. :x..;•:•v::.r;rr.;v:r:~. f.•Yti.{{:::: `i: f .{:::..~:ii'•:'i'•:: Last auhuren the CBAB created an ~~Award of ;::;~.~'~:~~`~~.E.;~.?.~~;~:~ ~ ;.:::.:::.;;~::::.::;:,:.....:.~.,..::.:,.~;~:.,....::..r:::.:,.::,.;.:.;:.....>..,.:>:;::•:«:::.::::;..:::>:;~~<::: . i : n ; • . t v .::.w::::::..:y. . • ...n. Ezcellence" Pro~ to recog~uze worthY Pj'oJ, Programs or ::'i.k•:%.;:;:ri:::': ::;'C~S.'•C.. R~+;; •::::•::::t<K::% :->:~::~;!:'•;i;.'•:~i:::?:.::::•: • . .':+.;#~;id: '.`:~•`r.;:::i:~i:~:::%.•::':~;7?~:~:~•':~i: PeoPle that encoura8e bicYclinS for either recreadon or . ~~;?'i:.}v.:.}v.:ni•:?;:r• ii~i~yi;~i;i.;ri~i;ti 1Tai1$p(rt3t1011 pUIpOSGS. In September Jerome Idagel, a former .....:::::4<;::~::::~~:>~::,>:~>:>r,.,....,...,~::~~~•,:.::.~„w~::r:.;:,,>;:.:;.r,>..,>,:~:::>~:>~w~»~....,~::.~3~k~::~. The contents of this newsletter are not copyrighted and may be used freely. Where appropriate, please credit CDOT. ~ COLORADO DEPARTMENT OF TRANSPORTAT'ION MILESTONES BULK RATE U.S. FOSTAGE 4201 EAST ARKANSAS AVENUE DENVER, COLORADO 80222 PAR) (303) 757-9228 . PERIVIIT NO. 738 . Denver, CO IN TFNS ISSUE: 8 Saving a Cassic Bridge Aero Board Flelps Pibta cornneuxnicate . ~ ~i n,~ : i t~ C~ 1 ~v c': 1 ~ (y'( ~rd.1 i~, w~~~ • S. Fr R rJ • WC t. Pa~ YUfP1s Awerd , ~~~r-~~ ~ r~± • I ~t ~W~. 4 ~s. Are, Uen Mk,d ~m4-~ i s4a M Wsshinpton Update 6 Pefrot Crew Protectlon ~ - . r ~ . ^ . ~ ~ Glenwood Canyon Bikepath R c~ , . - wo , ~ ~ 9L ~ ~~.42i~'~~~4SCR//~"'? ~ ` ~ tI~QI~ A; ~`~/4/"~•~V d VV v v~ ~KI rd li v~ ~ ~ d-r`~ Y u+ 1..~'r ~ V ~ ~atit2' GS.. i ' '14: ` C/4 . L 1 - ? ; 1-Z - ~ ~4yj_73 5 ~ _ , a . . Serwing Eagle Couxaty sance 1981 ,..AS y+... X e: LF7[.fi1LCd.l- BULIL RAtN . 'Y . PoNam PiAID ORA VA,a M, /~/~W:6"YYSY . . . . . ,ti'~` • . ~ 'e.~ . a j~ ~~,a 4yQa :,,i~° - + "~~~,,1L,~ , ~ ~ u ~~,x x~ WIPId)/, SP10W OIk~ly, "-M highs in Yhe 40s. ~ „ ~Y,~+~ t~ ~-k x~$ iti yx' ~ ~ ~~~~_,~a`;•, ~i {,4-~ ~ f : . ~ . ' See forecast, Page 10 FhFh ApPOl 30, 1999 ~ AOW Aft Valley fauing dearth of ch"id i ar , mountain resort communities. provider, you may be paying up to agency refers parents to licensed By DaVid O. lNilllams According to Rosie Moreno, coor- $30' a day (per cF?ild) for child care, child-care providers throughout the Daily Staff Writer dinator of [he Eagle Valley Resource and if you're making $6 and hour, county, said Eagle County has 634 Referral Agency, the three counties in that's a problem," said Kathleen Fori- child-care slots for children ages 2 When the many woes of service the United States with the highest nash, director of social services for months to 5 years in either licensed workers trying to make a go of it in percentage of working mothers are Eagle County. homes or centers. mountain communiUes are tallied up, Eagle, Summit and Routt in Col- But cost isn't as big of a problem The most recent demographic sta- child care usually falls somewhere orado. in Eagle County as the lack of avail- tistics indicate Eagle County has near the botrom of the list. Combine that with low wages, a ability, Forinash said. 2,000 children from birth to 5 years Exorbitant housing costs, low high cost of living and a distinct "Day care is one of those old, and an additional 4,000 children wages and a lack of public trans- shortage of child-care facilities, and resources that is not there for work- between the ages of 6 and 14. portation are [he issues that normally You have an alarming situation for ing families," Forinash said. "It's not While all of those children don't grab the lion's share of headlines, but families struggling ro make ends always a matter of whether you can need child care, simple math indi- increasingly. a lack of quality child meet in the high country. pay for it, ii just might not be there." cates an alarming lack of day care in care is becoming a key concern in "If you're going tv a licensed Moreno, whose state-funded Please see Child care Page 6 Page 6- P1a1/ Dally Sunday, Aprll 30,1995 E . ¦ arl Y* L in Cenier M1.31tr come to the rescue VVF9 Archdaocese cornbining for day-care relief • By David O. Williams ~ Daily Statt Writer ~y With the child-care situation in Eagle County reaching crisis propor- f ~ tions in the 90s, some creative solu- ~ Vail Daily/ RAarEca Moser Colby Scudder of Prater Lane Preschool in the Seasons at Avon tions co the prob(em are on the feeds two young charges who are part of the infant care program. horizon. In the works for more than a year, the Early Learning Center may be one of those solutions. Fi'O~Tt Pa ~ their infant or hire a nanny or some While details on the proposed cen- ge other licensed professional to come ter are few, several sources said the the county, and the number of chil- into their home in the short term, facility would be modeled after The dren on waiting lists this'past ski sea- But for many service workers, Center in Leadville, a centralized son supports that conclusion. Moreno said, the average cost of $25 facility that provides care for more "Nationally, they're looking at Per day, per child for day care in the than 700 children ranging in age from quality issues, and here we're just countY forces PeoPle to seek out unli- infants to hiSh school students. looking at availability," Moreno said. censed child care. Eagle County's version would be Vail Daily/ Marka Moser "The most critical shortage is infant Forinash said a state program pro- able to handle more char? 300 chi l- The sensory tub is one of the favorite play areas for children care. There's just an overwhelming viding assistance for families with dren, which would make a significant attending ABC Presehool in Vail. shoetage of that type of care." incomes below ] 60 percent of the den[ in the waiting lists seen through- Board for a 14.5-acre parcel of land "In Eagle County, we need to have The county has two licensed cen- poverty level dried up in December, out the ski season at most day-care at a cost of $ I.25 million. The land is child care close to where the families ters - Prater Lane and Baby Buddies N'hen the state froze any new appli- facilities in the county. at the confluence of Squaw Creek and live, or where the parents work, so we - providing day care for children 2 fund cations bf cause it projected that all The Early Learning Center is the thc Eagle River west of Edwards on need to have day care up and down and under, but Baby Buddies is clos- g or the program would be brainchild of the non-profit Vail Val- U.S. Highway 6. this 60-mile corridor." ing at the end of the school year. . exhaus[ed by May. ley Foundation and the Catholic plans call for a K-8 Catholic Rosie Moreno, coordinator of the There are 17 licensed child-caze Despite the high cost and the lack Archdiocese of Denver. school, a church and possibly day- providers operating out of private of available child care throughout the "It's something that we've been care facilities. Negotiations are now Eagle Valley Resource Refenal homes in the county, but the maxi- county, Moreno said there is an working on now, or attempting to under way to ensure those facilities Agency, said centralized day care has mum number of infants any of those upside. work on, for about a year, and we've are rovided b the Earl Learnin a lot of appeal, but agreed it's hard to providers can handle is two, so only "Where we're really lucky in this been investigating a number of ways Cen er. Y Y g find an ideal location in Bagle Coun- 11 of those 17 accept infants, county is the quality of day caze," to make it happen," said foundation There is some debate about tY' "So that doesn't leave a lot of Moreno said. "We have an extraordi= spokesman John Dakin. whether a facility such as The Center "A real problem with deciding infant slocs when you consider that narily high number of fully. accredit- "The archdiocese has purchased in Lake County can work in Eagle ~'here to locate a center like that is the birth population is about 500 ed preschools. land for a school (in Edwards), and County it's so spread out," Moreno said. infants a year in Eagle County," "What we do have is really high they have agreed [o give us a portion "It works really well for Lake "That's easier to do if you have a cen- Moreno said. quatity, and we're lucky on that of it to house the Early Learning Cen- County, because Lake County is tralized tocation. There's a lot of peo- Moreno said many working par- because some national statistics on ter." essentially one town: Leadville," said ple who really like the idea of a ents are able to juggle their work what parents feel they've had to set- The archdiocese recently closed a Kathleen Forinash, Eagle County's family center or a community center schedules, take time off to parent Ue on is pretty alarming." deal with the Colorado State Land director of social services. where people of all ages could go." May l, 1995 Judith Sibley 1624 Lucerne Ln., Apt. B Vail, CO 81657 Vail Town Council Re: Proposed Dog Leash Law Madam President and Council Members: I am writing to you to express my thoughts regarding this proposed law, which will go before you tomorrow night, May 2, 1995, for "Second Reading". I will not be able to attend, but did watch the "First Reading" on Channel 5. I am a very strong supporter of Bob Slagle, The head of Animal Control, because of the 110% assistance and support he has given to me regarding my former dog. Three months ago an incident happened between three dogs in my neighborhood, who were all unleashed; I had clipped the leash to mine but did not have the leash in my hand at the time. This occurred in the middle of a TOV street. I do not know if the outcome would have been different if all three had been on a leash and in the control of their owners, but I do feel that with so many more people and dogs in the valley, we must change to accommodate this influx. Therefore, I do agree with the TOV town limit dog leash law, as well as having "play areas" set aside. I watched a TV program reporting on these "yards" in New York City, and was intrigued by the concept. Good luck with your decision, and thank you for taking the time to listen to my comments. I also realize that legislation can in no way guarantee the safety of people or animals. Nor am I a proponent of over-regulating citizens, however, this may be one way of having us all work together. Sincerely, G~ ~ Judith A. Sible ~ Y JAS 4VAIL T0~1 75 South Frontage Road Office of the Town Maiiager Vail, Colorado 81657 303-479-2105 / FAX 479-2157 April 27, 1995 Mr. Larry Kallenberger Executive Director Department of Local Affairs 1313 Sherman Street Room 518 Denver, CO 80203 Dear Larry: This letter is to confirm our discussion at the Governor's Growth Conference. It is my uflaers±anding that the State of Colorado will extend the State's Mineral Impact Assistance grant fror.i Jt:ne '30, 1995 until December 31, 1995. It is also my understanding that in order to receive funds the Town a°4 I11 need to have the project under contract. As we discussed, the Town of Vail is currently in the process oi seleciing a developer ior ±n:, project and should have one selected by the end of May. At this time, we have four finalists and ara currently evaluating the designs and programming alternatives. Following the selection we will r,e Uotia±e an agreement and the developer will begin construction drawings fcr the project. Based on .tnis schedule we do not anticipate any problems having the project under contract within the six rnor,tr t~me frame that we discussed. Once again, thank you for your assistance on this very important praject. Please feei irea to cali me at 970/479-2105 if you have questions or neecl to discuss this matter further. Sincerely, TOWN OF VAIL ~ Robert W. McLaurin Town 1Vlanager RWM/aw xc: Vail Town Council Cathy Shipley Andy Knudtsen fl v L.S -Z f ee.~~'`~J e cC c7)) e G~~ rn~ cu:~k ~.e ~ o y-e-4 4n ~~P ~;e?~ Y~~' 9v~ ~ t, . x c: Ceur~c,~.~ it i:. ~ '3 ~ , , . • U ~ ILJ-~S-(,U ~ COLORADO RIVER WATER CCNSERVATION DISTRlCT April 25, 1995 SUBJECII': TEE RIVER DISI'RICT'S CONTIIVUED PARI'ICIPATION IRT TfiE EAGLE RAIER ASSERliBLY Dear Eagle River Assembly Participant: At their Second Regular Quarterly Board Meeting on April 18, 1995, the River District's Board of Directors heard from several of the Eagle River Assembly ("Assembly') participants in response to the Board's inquiry of whether the River District, as one participant, should recommend that the Assembly be actively continued. Those participants who spoke to the Board were unanimous in their expression that the Assembly should continue. As a result, the consensus of the River District's directors is a recommendation to the participants that the Assembly should continue. Therefore, the River District will, consistent with the Board's policies and decisions, help the participants find practical solutions to the Eagle River Basin's wet water "problems" as identified by the Assembly and help find those solutions in as short a time as pracricable for the benefit of the entire Eagle River Basin. Thank you for your continued participation. Very t yours, T ODORE L. BROOKS President, CRWCD 5ui-E T2o4 • 201 c`N-r=NNiai_ SrREET P.O. Box 1120!GL=N4VOOu SP;INr_,s. roLoRr.DO 3 1::02 (303~ 945-8522 ~ FA;( ;303) 945-8-0,9 TOVdRT OF VAII. : Input/Inquiry Response Record , The attached comments were recently received by the Town of Vail. We en~ouiage Vail residents and guests to give us such input and we strive for fiimely responses. PLEASE ADDRESS THESE COIVCERNS WTI'HInT FIVE WORKIIVG DAYS AIVD RETURN THIS COMPLETID FORM TO PAM BRANDMEYER. DEPARTMEIIT TO HANDLE INQUIlZY ` INDNIDUAL TO HANDLE INQUIRY DATE TOV RECENID INPUT/INQUgZY ~"~n• q3 TYPE OF INPUT/INOUIRY: PHONE CALL (indicate date) LETTER (attached) RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONSE OR ANSWER TO IlVOUIlZY: , DATE OF RESPONSE FORIVI RETUItNID BY DEPARTMENT TO PAM BRANDMEYER: A rnpy of this inquiry and form will remain on 61e at the TOV Communily Relalions office. As soon as this form is retumed to Pam Brandmeyer, this inquiry will be considered dosed. THANK YOU FOR YOUR'IIlAELY HA,lDLIIVG OF'IHtS ISSUE ff YOU HAVE ANY QUFST'IOIVS, PLFASE FEEL FREE TO COMACT PAivt BRANDMEYFR AT 479-2113. APR-26-95 WED 09:22 Marketin9 Solutions,Ltd. 3037598610 P.01 April 26,1995 via £ax ~ ~ Robert L. $rown - Publishez ~ Vail Daily, I i Re: T'he Great Race Has Gone Too Far I have been a regular in the Valley for many years and at one tzme derived my living thece for 4.5 yeazs. Combining the opportuniry to entertain an out of towtz guest and conduct some business I visited Vail last Wednesday and Thursday. Wednesday - Great Race Day, appeared to be a great day. A,ftez a day of skung we weut to TViountak's and were informed that it was closed for dinner. "Ibis crowd gets too crazy." the manager said. Apparently ktae xestaurant had problems last yeaz. After dinuer we returned via a bus full of 'nebriated riders to our laotel. One soused individual i was almost hit by tb,e bus as he staggered own the road after exiting the bus. LTpon returning to i the Antlers condominiums we found that andals has emptied the contentsof several fire j extinguishers into nneeting rooms and pro eeded to spray our car and smash our windshield. A call to the Vail police indicated that it wo d be several hours before tktey came. Similar incxdents has occurred around tawn. While filling qut the report aaa officer offered, "Do not come to Vail during Great Race, July 4th ox New Year Eve". The inference being that things like this fiappen every year. ' Thursday, whxle making arrangemeats to have ruy car tawed to Summit County and renting an.other car I read the Yacil Dai1y. The co le r story about tb~e Great Race by John Huebl_ T~is c~uote hit me "A.ll things consideced, however, race was a success, as drinks were available to all and nobody got kial.ed." Youz zeportErs cowments unfortunately r present an accurate and pervasive comnaunity sentiment. A big drunk is OK aud as lon as no one gets killed everythuag is OK. it is time that this event get a conscience A season end release is justified but not t the expense of athers. When a restaurant owner will not stay open beeause things get out of hand and when a police offieer advice is to stay away it has gone too far. These statements speak volumes. It is past time to do something about ihis event. It costs Vail both business and im ge points. Now I knaw what Great Race means: " ce to see if you can get out of Vail alive:' , Ken A.nderson P.O. Box 1$33 Denver, C4 80201 I CC: Peggy Ofpezfoss - Town of Vail Frank Johnson - Vai} Valley Tautism & Convention Bureau i ~ i I ~ ToWN ~F VAIL ~ Input/Inquiry IZesponse Record The attached comments were recently received by the Town of Vail. VVe encourage Vail residents and guests to give us such input and vNe striwe for timely responses. PLEASE ADDRESS THESE COIVCERNS WITHIlV FIiIE WORICING DAXS AND RETURN THIS COMI'LETID FORM TO PAM BRANDMEYEIL - - - DEPARTMEi1T TO HANDLE INQUIIZY ` INDNIDUAL TO HANDLE IlVQUIIZY DATE TOV RECEIVID IlVPUT/INQUIIZY 4. g• q5 TYPE OF IIVPUT / INOUIlZY: . PHONE CALL (indicate date) r LETTER (attached) RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUNIIvYARY OF RESPONSE OR AIVSWEIZ TO IlVOUIlZY: DATE OF RESPOIVSE FORM RETURiVED BY DEI'ARTME1N'T TO PAM BRANDMEyER; A rnpy of this inquiry and form wiil remain on 61e at the TOV Community Relations offioe. As soan as this focm is tetumed to Psm Brandmeyer, this inquiry will be considered dosed. TI-iANK YOU FOR YOUR'IIMELY HA WLIIVG OFTfi1S LSSIJE IF YOU HAVE AM' QUFSTIOIVS, PLEASE FEEL FREE TO COM'ACT PAM BRANDMEYER AT 479-2113. Pi[' e'+ P ! Dr. Robert E. Baker 3950 No. Frontage Rd E. # 22 Vail, CO, 81657 April 24, 1995 Mr..Robert W. McLaurin, Town Manager Town of Vail 75 South Frontage Road Vail, CO, 81657 Dear Mr. McLaurin, I am interested in having TCI Cabie replace a current channel on Cable TV service with C-Span 2. TCI informs me that any of the channels I suggested be replaced will not be replaced because the Town Council, TOV, will not allow it to be done. The channels I suggested be considered for replacement are 11, 12, 13. I believe that channels 5 and 8 take pretty good care of the community. Perhaps another one of the three I suggest is useful, but in my opinion they are not. They surely could be consolidated. Their quality is amateurish and poor. They seem to be repetitious, and seem to provide audio from radio stations which could be heard from radios if one wished. C-Span and C-Span 2 are superb information and education channels with excelled programming and are very helpful for any community and person. How about a discussion on this suggestion? Thanks. Sincerely, r--~ . ~1A, Robert E. Baker P. S. Should anyone wonder about the use of the great little covered bus stop at the 180 exit, I suggest that they should just have been around there during the horrendous traffic problems on I-70 this past winter. Once again, I thank the town for this most useful and appreciated addition to the town. It's nice on a quiet day as well. ~ 84/26/95 12:53:03 3834792157 Hargaref A. Usterfos Page 991 v1a FAx T0: Margaret A. Osterfoss P9ayor City of ~ail FROP9 : ATTN: T0: FAX PHONE#: 303-479-2157 Job Rlumber: 14008676-008-213-0089 I TIME: 04/26/95 12:50:58 ~ i I , 5 pages 'ncluding cover sheet ~ ~ i I ~ ~ i I I ~ I 04/26/95 12:53:19 3834792157 Margaret A. Osterfos Page 882 ~ c APR. -26' 9S (WED) 12:18 NAT' L LEAGUE OF C[TI TEL:202 626 3043 P. 002 National League of Citles ACTION ALERT i i JO/N NLC'S EFFORT TO S VE ME.4SSAUL T v1/EAPDNS S.4N Apri/26, 199~ Congress is poised to take p a propasa/ fo repeal the federa/ !aw banning assau/t weapons and to subject cities and towns to bnes and preemption pf local ordinances banning or/imiting . firearms. Actron is expected in tire House as e~rlyas next week, wiM the Senate expeGted to fo/lorvsuit i befnre the end of May. NLC is organizing a grass roots effort to send a loud VOTE ND message to Congress against any proposal to repeal or weaken the assau/t weapons ban or to preempt your ci[y's authorify to enforce /oca/ ordinances. We are a/so joining rvith 700 na#onal organizationsIto support a -week of action to stop the assau/t weapons ban repea/ beginning May 11. For more infor~nation about , the /egislation or about thrs nationa/ campaign to sa ve fhe assault weapons ban, contact Janet Quist at , (202) 626-3020. BACKGROlJND ~ ~ i On Aprii 7, Rep. Bob Barr (R-GA) introduced HR 1488, a bill to repeal the 1994 national assault weapons ban and effectively overtum many state and local gun controt taws. Rep. Barr intro- duced this bi11 on behalf of a Task Force created by House Speaker Newt Gingrich (R-GA). Speaker Gingrich has indicated his strong support for the work of the Task Force. Senate Majority.Leader Bob Dole (R-KA) has promised repeal proponents that he will get the bill through Congress before August . The bilf would: • repeal current law provisions banning the manufacture and importation of 19 specific semi- automatic assault weapons and their (arge-capacity ammunitian magazines; and ~permit tndividuals to file a civil suit in federal court, seeking damages, injunciive relief, and ~ attomey's fees against a state or municipality for enforcing any local #irearms restrictions effectively preempting enforeement of [ocal weapons laws and ordinances. Nationaf League of Cities • 7301 Pennsylvania Ave., NW • Washington, DC 20004 Tel: 02) 6~6-3020 Fax; (~O: 2) ~'26-304 ~ 04/Z6/95 12:54:91 383479Z157 Hargaret A. Osterfos Page 003 ; APR. -26' 95 (WED) 12:18 . NAT' L LEAGUE OF CITI TEL:202 626 3043 P. 003 I NIL c POSd~OAf NLC supports national assauit weapons control as a key component of local efforts to restore safety in our cities and towms. NLC opposes any national action that preempts local authority to enact and enforce Iocal ordinances or subjec4s cites to federa( frnes for enforcing locaf laws. i rA KE A C77ON NOWI Malce your woice heard in your cornrnunity and "m Washington on this impoftrit roational isstae. We urge you to: Contact eveey rnember of your Congressional delegation per~ona//,r- by phone, by f-ax, by e-rnait to demand opposition to this legis[ation. Work wifh public safefy officials in your comrnunity to ensuPe that citizens understand and appreciate #he potential impact of fhis bill on local budgets and on public safety in your community. Join with other groups in your community to support the "Week of Action to Stop the Assault Weapons Ban Repeaf,,' May 11 -17. Use the enclosed news refease IMMEDIATELY to announce fhis important public safe4y campaign. Mold a e~ews eonfierence on Friday, Alay 92bringing togefher local elected officials, key law enfvrcement ofif'icials, and community groups to demonstrate your united opposition to this effort in Congress_ NLC will conduct a news conference in Washington that day, artd we hope to announce $hat simifar news conferences are being held in cities and towns across the country. Pass and send a resolution to your Congressionaf delegation expressing your ci4y's opposifion to national efforts to preempt your ci4y's authority to protect police officers and citizens, to subject your city to fines and liabifity for enforcing local firearm ordinances, and to repeal the federal ban on assault weapon~. A sample resolution is included. Please sen~'! mtf ada~'I ~o9 - 4 P ~ions and !et us 9snowabout,your p/ans faPa Ney 12 po-ess canference- ~y Mz (~02) 626-3943 ~r e-mai/pfri@n/c org, aftention Janet Qvist. ~ IYN~.Q A@ 0% qu 8 i NALERT ~ 84/Z6/95 2:54:48 383479Z157 Plargaret A. Usterfos Page 004 ~ i APR. -26' 95 (WED) 12:18 NAT' L LEAGUE OF CITI TEL:202 626 3043 • ; P, 004 5AMPLE RESOLUT/ON ON SA V/NG TIYEASSAUL T 8NE4PONS BA/V Whemas, Americans overwheimingly support common sense gun laws that keep assaolt weapons out of the hands of criminals and terrorists; Whereas, efforts are underway to repeal the common sense gun laws that were included in the 1994 Violent Crime Cvntrol and Law Enforcement Act of 1994, which was signed into law by President Clinton on September 13, 1994; Whereas, Congress is cvnsidering legislation (HR 1488) which would not only repea) the ban on 19 specific semiautomatic assault weapons and their large capaciiy ammunition magazines, I but also subject cities and towns tv fines for enforcing local ordinances banning or fimiting firearms; Whereas, enactment of this legislation could have a significant impact on local budgets, local authority, and, most important, safety in our communities; Whereas, the Nationa[ League of Cities has decfared 1995 as a year for Rethinking Public Safety by creating new parinerships t~at will lead to positive action, increasing public awareness about civic responsibility to e y ure safe communities, and strengthening working refationships among levels of govemment ensure that public safetjr is both a community and a national goal; Whereas, any action to weaken the assault weapons ban and preempt local acrtharity to make decisions about Iocal public safety would represent a giant step backward; Whereas, the National League of Cities a9 d more than 100 other groups who supp~rt common sense gun laws are joining together in a afional campaign May 11- 17 to educate the public about the ijnpact of Congress' efforts and o save the assault weapons ban; Naw, therefore, be itreso/vedthat the ( ty/town of opposes any effort to weaken the assaul weapons ban and preempt local authority to enact and enforce local ordinances limifing firea s, ~ . . Be ;t further r,esv/ved that the (city/town of ) endorses the efforts of the National League of Cities and other roups to inform cifizens about the impact of pending Congressional action and to work with ur Congressional delegation to save the assault weapons ban. ~ ~ 04/Z6/95 12:5521 303479Z157 Hargaret A. Ilsterfos Page 085 5 ' APR. -26' 95 (WED) 12:19 NAT' L LEAGUE OF C1T1 TEL:202 626 3043 P. 005 NO ws Re/~ase fa~ Loca/ ~mpaegn to Keep Asmu/t, Weapons Halp i New oegisiation to repeal the federal ban on assault weapons should be condemned and defeated by Congress it IavNrnakers in Washington have any respect for the safety and overwrhelming wishes of 4he communities and citizens they represent, leaders of ( yoear city or town) said today. nAnyone who thinacs our citizens want or need a limi4less supply of rapid-fire weapons equipped with laege-capacity aenmunition c[ips is jusf plain uvrang," said ( title and narne o$ spokesperson mOur po[ice, paa-ents a¢id pubiic leaders led; a vigorous campaign to outlaw these wreapons last year. IAle are still unifed and emphatro on $his issue' ° said ( narne). A bill (HR 1488) sponsored by Rep. Bob Barr (R-Ga.) would repeal the national assault weapon ban enacted in 1994. The newr legislation so would cnpple aIl state and local laws restricting any firearms not specifically outlawed by fecieral eapons laws, by alloWing individuals to challenge those laws irt federdl courfs. "!Me don't vuant 4hese weapons on our stree4s. INe don't want thern sold in our stores. We wholeheartedly support the ban of assault weapons in our communities. (4 is a sensible, lifesaving law. I We oppose any effort to wea@cen or repeaf it, and uve prr?test the additional attempt to undermine our { locaf laws," said ( wame The Barr bifl emerged from a task force created by House Speaker New4 Gingrich O-GA), and Cingrich has indicateci strong support for ft work og that task force. Senate hAajority Leader Bob Dole (R-6CA) also has pledged.to virin a Senate vofe on the legislation. °An assautt weapon anay not be as horrifying and destructive as the bomb that fore apart the federat bui(ding in Oldahorna Ci4y, but its purpose is no different Assault weapons are terrorise weaponsyA said (name `They are used to inflic4 rnassive damage - indiscriminately and in the blink of ari eye. Even their narne assault weapans defines 4heir only rea1 purpose: namely, to attack and to des4roy.n "There is a 4rernendous ansi unreasonabte rush to geY a vote on this bill before aetyone~hears about if," said (name °IVo4hing com,es ahead of public safe4y in our cities anci 4ovuns, but the supporters of this legislation haven't even begun to ask what we, pur police or our cifizens think of this,idea. And 'rf 4hey don't want to ask us, we in4end to tell them anyway." ; (Spokespersoeu ) said the leaders of ( cety ) are joining in a National VVeek of Action fo Stop the Assault Uileapons Ban Repeal, May 11-17. The week-long campaign, being organized by Nationa( League of Cities and more 4han 100 ofher national organizations, is intended $o mobilize focal corrimuni4ies and citizens throughout the United States for maintaining the ban on assault weapons and preserving Iocal laws anvplving firearrns. "!h!e want everyone vtho cares abaut the safety of their families and children, their neighborhood . and vuorlcplace, tpaeiP safety here in our community or when visiting sotnewhere else, tio becorrie part of this effort,u said (name)o nRigh4 now the sooner, the better -we want our citizens Yo cali or write gheir members of the F(ouse and SenaYe to urge rejectian of 4his unwarited and repugnant legislation. We wanf thern to con$act ouP news organizations anci falk shows to let others know how we feel about this issue. "L.e4's be heard before someone gets hurt,° said (name), aLe4's 4ry to sfay safie instead of a[lowing vurselves to became scared. LeY's mainfain our common sense and reject this open invitation go violence and terrorism. Let's keep the current lavd on the books and the assacalt weapons off our ; StfeG'tS.° # # # • ee d~ TOWN OF VAIL 75 South Frontage IZoad Yail, Colorado 81657 970 479-2100 FAX-970-479-2157 MEDoA ADvIsoRY . April 26, 1995 Contact: Suzanne Silverthorn, 479-2115 Community Information Office V~~~ ~OWN COUNC9L HIGHL.IGF6TS FOR APReL 25 Work Sessuon Bruefs Council members present: Johnston, Lapin, Navas, Osterfoss, Shearer, Steinberg, Strauch --Goal Setting/Planning The Council discussed strategic, long range issues facing the TOV organization and the community during a day-long planning session facilitated by Dick Bowers, city manager of Scottsdale, Arizona. During the discussion, the Council reaffirmed the town's vision statement which was drafted during a 1994 retreat: To be the premier mountain community and international resort! Also yesterday, the Council drafted the following operating principle: to assure balance in all policy and administrative decisions, both long and short term as we accomplish the following strategies: 1) To improve the process of community involvement resulting in buy-in from empowered, knowledgeable citizens who actively participate in implementation. 2) To strengthen Vail's economy, while assuring environmental, developmental and design excellence. 3) To be the leader in creating and continuing productive regional dialogue and trusting relationships with public and private entities. The critical area of transportation is a top priority. 4) To facilitate the construction and retention of local housing, which is affordable, and compatible in order to maintain the social and economic viability of the Town of Vail. The list now goes to the public for review, to be followed by adoption of the strategies in the form of a Council resolution. --DRB Report During a staff update of the April 19 Design Review Board meeting, the Council agreed to call-up DRB approval of a new temporary site development sign for the Cornice Building. The matter will be considered at the May 2 evening Council meeting. (more) TOV Highlights/Add 1 --Information Updafe The Council reviewed a budget schedule for preparation of the town's 1996 fiscal year budget. Preliminary results of the 1995 community survey were distributed. For a copy, please contact the Community Information Office at 479-2115. Several announcements followed: demolition of the Golden Peak House scheduled for 9 a.m. today; Covered Bridge restoration is in process. --Council Reports Peggy Osterfoss and Merv Lapin said they have had some preliminary discussions regarding the potential for private development of a performing arts facility in Vail. A proposal is forthcoming. # # # dA e4 TOWN OF VAIL 75 South Frontage Iload Vail, Colorado 81657 970 479-2100 FAX-970-479-2157 FOR BMMEDBATE RELEASE April 26, 1995 Contact: Niike Rose, 479-2178 Transit Manager IT'A4fBKING STR4JCTURE ClEY E9rVESy T1'7P11rv7FiCE_IOAYS UP FOfi 1994m95 SICI SEASOIV (Vail)--Vail's parking structures.generated more transactions and more revenue during the 1994-95 ski season than the previous year, according to figures released today by the town. Revenues totaled $1.43 million for the just-concluded season, compared with $1.37 million the previous year, a gain of $62,598, or four percent. The number of transactions at the Village and Lionshead structures rose from 452,830 in 1993-94 to 462,935 in 1994-95, a two percent increase. The Village structure filled 28 times during the season; there were no instances in which the Lionshead structure filled; the Ford Park lot filled 10 times during the season. Despite the growth in revenue, officials say the parking fund may need a $50,000-plus subsidy from other town funds to break even next year. ThaYs because of increased debt service payments on the Village parking structure expansion. During upcoming discussions for the 1996 budget, the Town Council will be asked to consider several policy issues regarding the parking fund. Among them, a possible adjustment in parking rates. For more information, contact Rose at 479-2178. # # # dd d~ TOWN OF VAIL 75 South Frontage Izoad Vail, Colorado 81657 970 479-2100 FAX-970-479-2157 1~~R 11MMEDIIATE fRELEASE April 26, 1995 Contact: Bob NicLaurin, 479-2105 Town Manager APPL?CANTS SO49G~T TO SERVE OIV COnAIVil9P11TY TASlC FORCE TO MANAGE PEAFL AND tVOfV-PEn?I( PERIODS (Vail)--The Town of Vail and Vail Associates are seeking applicants to fill four positions on a Community Task Force as outlined in the recently-approved growth management agreement between the Town of Vail and Vail Associates. The Task Force will be charged with exploring mechanisms to better utilize existing resources during non-peak periods and to seek ways to coordinate special events and other activities to enhance non-peak visitation. In addition to the four at-large positions, the oversight committee will inciude tuvo . representatives each from the Town of Vail and Vail Associates. Those members are yet to be named. It is anticipated the committee will meet monthly; attendance will be mandatory. Persons interested in serving on the Community Task Force should submit letters of interest to the Touvn Manager's Office, 75 S. Frontage Rd., Vail, Co., 81657. Letters should incVude an indication of interests, strengths and perspectives the applicant would contribute. It is anticipated the Task Force will begin meeting in June 1995. For more information, contact Vail Town Manager Bob McLaurin at 479-2105. # # # ~a T0WN OF vA1L ~g 75 South Frontage Road Office of the Mayor Vail, Colnrado 81657 303-479-2100 FAX 303-479-2157 April 21, 1995 Ms. Kathryn Benysh Battle 1Vlountain High School Post Office Box 249 Minturn, CO 81645 Dear Ms. Benysh; Thank you for submitting an application on behalf of Eric Roeland for the Chuck Ar:dersca Youth Recognition Award. I am uncertain whether you realize the Town Council is currently reassessing and restructuring this award and this process is ongoing. Unfortunately, given the time constraints and the myriad projects with which we have been dealing, we have been unable to complete the profile and process for the new Youth Recogn:ticn Award, therefore precluding Mr. Roeland from being considered this year. His resume and the applicrtion you completed certainly describe an outstanding young man who has contributed m;:cl: already and someone who will continue to do so. Regretfully, without a process in hand, the Vail TcwT Council will be unable ta consider any naminations for the award this year. Thank you again for the time you spent in gathering the information regarding Eric. VJe are iortunate to have such dedicated, enterprising, and sensitive teachers as you in our valley. Sincerely, - . TOWN AIL `~a R. Joh 'ston Town Co cil Member PRJ/aw xc: Vail Town Council Pamela A. Brandmeyer Robin Henzler, Recreation Supervisor/Youtn Services, Vail Recreation Distr.'ct .-1 . . ~ - , George K Baum & Company INVESTA9ENT BAIVCCERS 717 SEVENTEENTH STREET MEMBER SUITE 2500 NEW YORK STOCK EXCHANGE.INC. , DENVEF, COLORADO 802023354 MIDWEST STOCK EXCHANGE - - TELEPHONE (303) 292-1600 March 3, 1995 ~ Merv Lapin, President i7ail Securities Investment, Inc. 232 West Meadow Drive Vail, CO 81657 RE: Federal Tax Law Restrictions Related to the Use of Tax-Exempt Housing Revenue Bonds Dear Merv: I hope you don't think I have forgotten you, however I have been out ill a couple of days this week and have been playing catch-up regarding my commitments. I would like to give you some information related to the Federal Tax Law requirements for both single family and multi family financing. First off, regarding single family, the Town of Vail has two options available to them. One is to be the issuer of their own tax-exempt single family mortgage revenue bonds or to secure financing through the Colorado Housing and Finance Authority (CHFA). If Vail were to act as the issuer, they would need to obtain private activity volume cap from the State equal to the amount of bonds that they intended to issue. The minimum size for a single family mortgage revenue bond would be -approximately $7 million. If the financing were obtained through the CHFA, they by law receive allocation at the beginning of the year which allows them to issue single family mortgage revenue bonds. In either case, the use of the proceeds from this type of a bond issue are restricted to first time homebuyers (persons not owning a home within the last three years). Additionally, there are . purchase price and income limits. The purchase price and income limits differ between whether CHFA were the issuer or if the Town of Vail were the issuer. In the case of CHFA, their purchase price limit for new construction is $124,000 and their income limit would be $43,000 for a family of three (less if family consists of one or two). If Vail were to act as the issuer, they could opt to use the Federal limits which are higher. That purchase price limit is $156,656 for new construction and the income limit is $49,335 for a family of three (less if family consists of one or two). In either case, the proceeds of the tax exempt single family mortgage revenue bond could only be used for permanent loans which would be either FHA, VA or Conventional. It is not anticipated that the proceeds would be used for any type of construction financing which would need to be obtained from a conventional source. Merv Lapin March 3, 1995 - Page 2 Related to multi family, I have been advised by Stan Raine, at Sherman & Howard, that unless the multi family units were going to be owned by the Town of Vail, a private activity state volume cap allocation would be required similar to the single family mortgage revenue bond program. If the multi family project were to be owned by the Town of Vail no private activity state volume cap would be needed in order to issue the bonds. 'In either case, the Federal law would. restrict the use of the units for the length. of the bond issue. So, if you were issuing 30 year bonds there would be a restricted use of the units for the same amount of time. The Federal law dictates that the developer has two options available for the set aside required. One option is to set aside 40% of the units for people whose incomes are 60% or less of the median income for Eagle County. The other option is to set aside 20% of the units for people whose incomes are 50% or less of the median income in Eagle County. The median income in Eagle County is $45,500 for a family of three (less if family size is one or two). This set aside requirement doesn't require that you lower your rents for these units, however if market rents are too high these set-aside units could be vacant so lower rents for these units may be necessary to keep them rented. If I can provide any additional information to you please let me know. Sincerely, J. K th Tully Executive Vice Presid nt & Manager ~ f~lvl w a : iuate sW at ~ . ~ about 1R ~ state recognlu there is a problem and that it scene will help tum up the heat up oo this immigrants (]egal and illegaq coming into colors and ethnicitp are unnerved by tlood ot ~ 8y Tom Tencredo is growing more distur6in eve da Recent ~ y p ry every year, over half head tor the ~?~egals coming acrosv the border at night., ' 9pecial lo The Denver Posl news stories daumentingghe,exten to wNch pon't H'let me wronB~, Colorado isdt Califor- more temPerate climaie and lucrative wel- I • ' ou may recall that the day after i~egal aliens are involved in We Denver drug nia - yet. Of We appraximatdy 1.5 rtWlion fare system in CaliEornia. Californiaos of all Thousands of them end up clustering un the Califoroians passed Ptropasitian lBi highway in the mornings, aggressivelp•pan- (to deny education and social ser ~ handlingatshoppingmallsdwingthedayand " vices to illegal aliens) demonstra- moving out lo the hills at night to sleep in tpre, waving Mexican and Guatemalan llags "Spider Holes" (rough eacavations covered , aiarched in Denvec Mayor Webb pandered ta with tin and brush to avoid detection trom lic- tE`ein by suggesting he would support a 6oy- licopters). cott of California. ~-'fhe pu6lic outrage at his statement Forced Brown, black, white and yelloa natiJe Los ; mm inio equivaating about what he really ~ Angelinos watched while whole areas ot their ant and hoping that the issue would just go rios city were where not restruclwed inlo 1Ttird Warld bar- di~aA',Ny. Evidently, the other mayoral candi• a word ot English is spoken or detes are just as goosey about commenting on found on store signs tor tens of citp blocks.l Uie illegal alien problem in Denver (and there am not surprised at the lopsided victary for is 6ne) because their silence on the issue is Proposition 187 or bp the 93 percent af His~ panic voters who joined wit6 the 6uge majoii- dea(eniag. iies oF blacks, whiles, and Asians wiro voted Well, l have some unsoticited advise tor aur Y~' elected officials and the wannabes. You had better face the fact that many cilizens of this v . e e see TA REDO on 5E ~ux.f' 45 emuunt ot time? Q Q 0 ~~~~t ~u s of oney ~lle . a~ immmrant~ ~ost the state 0 ~ TANCREDO irom Page 1 E for illegal aliens consutnes 90 percenE common national destiny, bringing the real lhreals to America. Maybe from rewriting American history to whal action you would lake to avoid : ~ bf the county's prenatal assistance forward the danger uf a Balkanized now we can gather the courage to fil their divisive agenda. the problems faced 6y California~ ''So where does Colorado fit into this budget. ` America." tear down the weltare state, repeal Well, Mayor Webb and Gov. fto• Florida, and Texas? " u:", piCltire? The Independence Institule State taxpayers shell out about $8 We believe that a common lam bilingual education laws that foster mer, why don't you and olher candi- Yom rancredo is the presidem m the ine'e-^fi jtM`completed a study we call Com- million a year to incarcerate non•cili• guage is an extremely important ele- segregation and stop revisionists dates for public office lel us know penaence insnwte, a coieen mink iank, ^4,6p passion or Compulsion: The Immigra• Zens. Estimales of welfare costs, in- ment of nationhood. Bilingual educa- tloii Debate and Proposition 167. We cluding health care, for illegal aliens tion is both educationally unsound j fpund that our 3.5 million population run as high as $22 million annually. and politically divisive. That is why ittCludes 142,000 non•U.S. citizens and We in Colorado spend between $S and we call for its eliminalion. U should, approximately 50,000 illegal aliens. $13 million to educate the children of be replaced with short, lransitional /.~though eslimalesrof the latter vary illegal aliens. programs that mainstream new . w18'ely, we are comfortable with ours Legal immigrants also can impose Americans rather lhan segregate aS it is based on the conservative them. p'remise that the illegal population in significant costs. For example, they . access public assistance programs at There are many other suggestion C61Urado has remained a conslant a higher rate than nalive Americans. WQ make in order to avoid the Propa pBrcenlage of the total population ot They account tor 13.1 percent ot the sition 187 juggernaut that is heading illegals in the nation. costs of education, health care, crimi. this way. ]ri any case, there is no dou6t that nal justice and welfare but provide We dodt want Colorado lo end up Colorado taxpayers must ante up of only 8.9 percent of the tax revenue. like California, where extreme mea• tms of,millions of dollars every year Then there are the sociopolitical sures, like a mandatory identity catd, tPpiovide services tor aliens.'We cite;' costs of immigration. We quote John are being promoted. eg2inples Gke fake County~where.90 0'Sullivan in our paper because it Exaclly how to cope with illegal p~eni ot all chiid abuse and negleFt could not be stated better. He writes, immigration is nol always clear, but cases are attributed ~to~:=`aeesonal "Immigration and the multicultural- the necessity ot laking action is obvi• workers," and`that'30 percent otill ism il feeds are threatening to dis- ous. MWcald Kid Care'cases arf,the;cluL• solve the 6onds of common nation• The debate engendered by Proposi- I dten of ilfe`gal (o~eign tesideots. Care hood and the underlying sense of a tion 187 may force us to grapple with