HomeMy WebLinkAbout1998-07-14 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, JULY 14, 1998
2:00 P.M. AT TOV COUNCIL CHAMBERS
AGENDA
' NOTE: Times of items are approximate, subject to change, and cannot be relied upon to
determine at what time Council will consider an item.
~ • PEC Review. (15 mins.)
2• Trevor Bradway, owner of Unit 101, Mountain Haus, is requesting the Town
George Ruther Council's permission to proceed through the public process. The Town
Council's permission is required since Mr. Bradway is proposing to construct
a new entry into Unit 101 on the west end of the building which will encroach
upon Town land in Slifer Plaza. (10 mins.)
ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or
deny the request to proceed through the public process. An approval of this
request is not an approval of the new entry addition.
BACKGROUND RATIONALE: As part of the anticipated improvements to
the Mountain Haus' new west entry, Mr. Bradway would like to upgrade his
west entrance and provide improved access to his unit.
STAFF RECOMMENDATION: The Community Development Department
staff recommends that the Town Council approve the applicant's request to
proceed through the public process.
3. Common Ground next steps. (45 mins.)
Andy Knudtsen
BACKGROUND RATIONALE: Since the approval of the Common Ground
plan for uses, sites and funding, staff has been developing a process to take
the next steps as they relate to community facilities, parks, open space, and
housing. A significant part of this will be work will be defining development
parameters for the housing sites, specifically density. Please see the
attached memo for more information.
ACTION REQUESTED OF COUNCIL: Approve/modify the proposed
process to implement the Common Ground plan.
4. Village Core Construction Update. (10 mins.)
Larry Grafel
5• Ford Park Managed Parking Update. (10 mins.)
Larry Grafel
Greg Morrison
6. lnformation Update. (10 mins.)
7. Council Reports. (10 mins.)
Other. (10 mins.) ,
9. Executive Session - Personnel Matters. (30 mins.)
10. Adjournment - 4:30 p.m.
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NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I I I I 1 11 1
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 7/21/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 7/28/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CH/AMBERS.
_ THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING -
WILL BE ON TUESDAY, 7/21/98, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS.
IIIIIII
Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or,
479-2356 TDD for information.
C:IAGENDA.WS
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COUNCIL FOLLOW-UP
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS
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1996 4121/98 CORRIDOR NOISE BOB MCLAURIN/GREG MORRISON: Although noise Bob will write to Col. King w/CSP.
Kevin Foley/Council "barriers" are included on CDOT'S 20 year STIP, the Council
is interested in a more pro-active stance. Should we be
considering a more multi-faceted approach, i.e., request a
step up in enforcement by CSP, request a lowering of the
speed limit to 55 through this corridor, involve our own PD,
enlist the aid of all TOV residents in calling the 1-800 # to
REPORT A GOOD DRIVER, etc.
5/19198 EAST VAIL LIGHTS LARRY: 2 of the 6 East Vail lights are still out. What is the CDOT has repaired 6 of the 8 lights. Thare, is still a break in the service
Kevin Foley status? line and will be repaired when CDOT can re-schedule their crew back
here.
6l9/98 DANClNG BEAR CHECK TODD 0: Since we're almost ready to sign off on the W. Vail
Bob Armour roundabout landscaping, what are we doing w/the $1,100+
check we received from the Dancing Bear? Let's see a
plaque or a bench or something installed to commemorate
this donation.
6/9/98 BETTY NEAL GOMPUTER TRAINING Anne: Please contact Betty to arrange a training session for Betty is on vacation until August 24th. We will schedule a class when she
Kevin Foley interested Council members. returns. The class will most likely be held from 12:30 to 1:30 at CMC.
Please contact Anne with an interest in attendin this class.
July 9, 1998, Pag~ 1
6/23/98 PEC ROLE RE: REVIEW PROCESS Concern was expressed about PEC's reluctance to adhere to Tom will follow up with Council.
Ludwig Kurz + Council and to enforce current zoning regs. in deference to a
perceived ultimate political decision by Council at some later
time. Council wishes to discuss w/staff how to work w/PEC
to ensure this board makes sound recommendations based
on the town's codes and regulations.
7/7/98 HANDICAPPED SIGNS/GATE OFF ANDY: Handicapped signs/gate have never been posted Andy spoke with Greg Morrison to have the handicapped parking places
CHAMONIX and/or operable at the west end entry to Vail Commons off patrolled closer. He also spoke with the Assistant Manager of City Market,
Dickie "Pete" Peterson Chamonix. she knows who the tenants are who par( there on a regular basis and she
will speak with them. Andy will follow uK with Dickie Peterson.
7/7/98 PONDEROSA PINES LARRY/TODD 0./GREG: Since we are finishing up the
Bob Armour landscaping at the West Vail roundabouts & since we will be
replacing several trees, can we look at a different type of pine
that is more inclined to grow at this altitude.
July 9, 1998, Pagc 2
PUBLIC NOTICE
VAIL TOWN COUNCIL MEETING
Tuesdav. Julv 14. 1998
A lunch discussion re: Lionshead will be held at 12:00 p.m. in the Town Council Chambers.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or
479-2356 TDD for information.
x ,
Updated 7/14 9am
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, July 13, 1998
FINAL AGENDA
Project Orientation / LUNCH - Community Development Department 11:00 P.M.
MEMBERS PRESENT MEMBERS ABSENT
Greg Moffet
John Schofield Galen Aasland
Diane Golden
Ann Bishop (left at 4:30 p.m.)
Brian Doyon
Tom Weber
Site Visits : 12:00 p.m.
1. La Tour - 122 East Meadow Drive
2. Antler's - 680 West Lionshead Place
3. Scolnick - 2935 Basingdale Blvd.
4. Liberty Wirestar - 3160 Katsos Ranch Road (Vail Mountain School)
5. Craythorne - 2701 Davos Trail
6. Mt. Bell - 160 Mountain Bell Road
7. Rockledge Rezoning - Rockledge Road
8. Gorsuch - 263 Gore Creek Drive
9. Byme - 493 Beaver Dam Road 10. Ptarmigan Rezoning - Ptarmigan Road
11. Meyer - 813 Potato Patch Drive
12. Timber Falls - 4469 Timber Falls Court
Driver: George '
621~~
NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 p.m.
1. A request for a front setback variance to allow for the construction of an inclined elevator,
located at 2701 Davos Trail/Lot 15, Block B, Vail Ridge Subdivision.
Applicant: Sonia & Brian Craythorne, represented by Galen Aasland
Planner: Christie Barton
MOTION: John Schofield SECOND: Tom Weber VOTE: 6-0-1 (Galen
Aasland recused)
APPROVED WITH 1 CONDITION:
*VAa
TOW1V - 1
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Updated 7/14 9am
1. A revocable Right - of - Way Permit will be obtained before a building permit is
issued and changes be made to the staff inemo to incorporate the 0 setback and
the relocation of the tree from in front of the structure.
2. A request for a variance to allow for GRFA in the front setback located at 2935
Basingdale Blvd./ Lot 19, Block 6, Vail Intermountain Subdivision.
Applicant: Jay & Sheryl Scolnik, represented by Railton-McEvoy Architects
Planner: Christie Barton
MOTION: John Schofield SECOND: Diane Golden VOTE: 7-0
APPROVED
3. A request for an additional 250 square feet of GRFA for a primary/secondary residence
_ located at 493 Beaver Dam Road/ Lot 1, Block 2, Vait Village 6th.
Applicant: Ron Byrne, represented by William Reslock
Planner: George Ruther
MOTION: Ann Bishop SECOND: Galen Aasland VOTE: 7-0
APPROVED
4. A request for a minor exterior alteration in CC1 at the Clock Tower Building, located at
263 Gore Creek Drive/ Lots C, D, E& F, Block 5, Vail Village First Filing.
Applicant: Gorsuch Ltd., represented by Resort Design Collaborative
Planner: George Ruther
MOTION: Ann Bishop SECOND: John Schofield VOTE: 7-0
APPROVED WITH 3 CONDITIONS:
1. That the applicant submit detailed civil engineering drawings indicating how the
gutters and downspouts will be tied into the Town of Vail stormwater system. The
drawings shall be submitted for review and approval of the Town Engineer prior to
the issuance of a building permit. _
2. That the applicant submit an application and receive a revocable right-of-way
permit to a11ow for work to be completed in the Town of Vail right-of-way prior to
the issuance of a building permit.
3. That the applicant pay $2,677.65 into the Town of Vail parking fund prior to the
issuance of a Temporary Certificate of Occupancy.
5. A request for a conditional use permit to allow for the installation of a telecommunication
facility at the Vail Mountain School, located at 3160 Katsos Ranch Road/ Lot 12, Block 2,
Vail Village 12th.
Applicant: Liberty Wirestar, represented by Jill Jilenick
Planner: Christie Barton
MOTION: Tom Weber SECOND: Brian Doyon VOTE: 7-0
APPROVED
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Updated 7/14 9am
6. A request for a major exterior alteration in CC2 and a conditional use permit, to allow for
an outdoor dining deck, located at the Village Center Building (La Tour), 122 East
Meadow Drive/ Block 5E, Vail Village 1st.
Applicant: Fred Hibbard, represented by Snowdon & Hopkins Architects
Planner: George Ruther
MOTION: John Schofield SECOND: Galen Aasland VOTE: 7-0
APPROVED WITH 7 CONDITIONS:
1. That the unpainted soffits on the existing building be painted prior to the issuance
of a Temporary Certificate of Occupancy for the addition.
2. That the applicant provide spot elevations, as deemed necessary by the Public
Works Department, for the proposed addition, prior to application for Building
_ Permit. The purpose of the spot elevations is to determine the effects of the
-proposed addition on the surface drainage of the plaza area.
3. That the applicant install a snowmelt system under the entire area of the plaza.
Portions of the plaza have been left unheated pending the proposed
improvements to the Village Center Building.
4. That the applicant replace the non-matching pavers along the curbline in front of
Cleone's and Karat's with the matching pavers that will be removed to
accommodate the footprint of the new restaurant addition.
5. That the applicant submit detailed drawings of the new landscape planter for the
review and approval by the Town of Vail. The new landscape planter shall be
constructed pursuant to the direction outlined in the Vail Village Urban Design
Guide Plan.
6. That the applicant pay $48,896.17 into the Town of Vail parking fund. The pay-in-
lieu fee is intended to mitigate the increased parking requirement resulting from
the construction of the new addition. The parking fee shall be paid in full prior to
the issuance of a Temporary Certificate of Occupancy.
7. That permanerit ski storage be established.
7. A request for a side setback variance, to allow for the construction of an additional
garage, located at 813 Potato Patch Drive/Lot 1, Block 1, Vail Potato Patch.
Appficant: Liz & Luc Meyer, represented by William Pierce
Planner: Dominic Mauriello
MOTION: John Schofield SECOND: Ann Bishop VOTE: 6-0-1 (Tom Weber
recused)
APPROVED
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Updated 7/14 9am
8. A request for an amendment to a previously approved plan for the Timber Falls
Development, located at 4469 Timber Falls Court/unplatted.
Applicant: RAD Five L.L.C., represented by Greg Amsden
Planner: Dominic Mauriello
MOTION: Galen Aasland SECOND: John Schofield VOTE: 6-0
TABLED UNTIL AUGUST 10, 1998 -
9. A request for a worksession of a major exterior alteration in CC2 and the establishment
of a Special Development District for the Antfers at Vail, located at 680 W. Lionshead PI./
Lot 3, Block 1, Vail Lionshead 4th Filing.
Applicant: Antlers Condominium Association, represented by Robert LeVine
Planner: Dominic Mauriello
WORKSESSION
10. A request for a conditional use permit to allow for additional antennae on the Mountain
Bell tower, located at 160 Mountain Be11 Road/ Unplatted
Applicant: Town of Vail
Planner: George Ruther
MOTION: John Schofield SECOND: Brian Doyon VOTE: 7-0
APPROVED WITH 2 CONDITIONS;
1. That the applicant paint the additionaf antennae and the appurtenant equipment
an earth-tone color (grey/brown), to reduce any visual impact associated with the
installation of the antennae.
2. That The Learning Tree and ABC School be notified of this approval.
11. A request for a rezoning from previously unzoned property owned by the United States
Forest Service and transferred to the Town of Vail pursuant to the Land Ownership
Adjustment Agreement to Primary / Secondary Residential District for property located at
Rockledge Road/portions of United States Forest Service Lot 3, totaling 1.78 acres based
upon the proposed Final Plat (not yet recorded) of Rockledge Forest Subdivision
prepared by Dennis Shelhorn as Job No. 0332-002 dated February 25, 1998.
Applicant: Town of Vail
Planner: Dominic Mauriello
MOTION: John Schofield SECOND: Galen Aasland VOTE: 7-0
APPROVED
12. A request for a rezoning from previously unzoned property owned by the United States
Forest Service and transferred to the Town of Vail pursuant to the Land Ownership
Adjustment Agreement to Primary / Secondary Residential District and Natural Area
Preservation District for property located at Ptarmigan Road /Government Lot 2(1.66
acres) and Lot 3(4.252 acres) created by a survey done in 1995 under the authority of
the Bureau of Land Management Cadastral Survey.
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Updated 7/14 9am
Applicant: Town of Vail
Planner: Dominic Mauriello
MOTION: John Schofield SECOND: Galen Aasland VOTE: 7-0
APPROVED
13. A request for a minor subdivision of Lot G-1 to create a new lot, located at 1410 Buffehr
Creek Road, Lot G-1, Lion's Ridge Subdivision Filing 2.
Applicant: Leroy Schmidt, represented by Eric Johnson
Planner: Dominic Mauriello
WITHDRAWN
14. A request for a conditional use permit, to allow for a bed and breakfast operation, located
_at 1779 Sierra Trail/Lot 18, Vail Village West Filing #1.
Applicant: Malin Johnsdotter/ Robert Zeltman
Planner: Christie Barton
TABLED UNTIL AUGUST 24, 1998
15. Information Update
16. Approval of June 22, 1998 minutes.
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the
Hearing Impaired, for information.
Community Development Department
Published July 10, 1998 in the Vail Trail.
_ 5
Updated 6/29 2 pm
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, July 13, 1998
AGENDA
Project Orientation / LUNCH - Community Development De.partment ' 11:00 P.M.
MEMBERS PRESENT MEMBERS ABSENT
Site Visits : 12:00 p.m.
- 1. -La Tour - 122 East Meadow Drive
2. Antler'sr 680 West Lionshead Place -
3. Scolnick - 2935 Basingdale Blvd.
4. Liberty Wirestar - 3160 Katsos Ranch Road (Vail Mountain School)
5. Craythorne - 2701 Davos Trail
6. Mt. Bell - 160 Mountain Bell Road
7. Rockledge Rezoning - Rockledge Road
8. Gorsuch - 263 Gore Creek Drive
9. Byrne - 493 Beaver Dam Road
10. Ptarmigan Rezoning - Ptarmigan Road
11. Schmidt - 1410 Buffehr Creek Road
12. Meyer - 813 Potato Patch Drive
13. Timber Falls - 4469 Timber Falls Court
Driver: George
. r:; :~9• „er.
NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearina - Town Council Chambers 2:00 p.m.
1. A request for a front setback variance to allow for the construction of an inclined elevator,
located at 2701 Davos Trail/Lot 15, Block B, Vail Ridge Subdivision.
Applicant: Sonia & Brian Craythorne, represented by Galen Aasland
Planner: Christie Barton
2. A request for a variance to allow for GRFA in the front setback located at 2935
Basingdale Blvd./ Lot 19, Block 6, Vail Intermountain Subdivision.
Applicant: Jay & Sheryl Scolnik, represented by Railton-McEvoy Architects
Planner: Christie Barton
*Va
~{9N O1
~
Updated 6/29 2 pm
3. A request for an additional 250 square feet of GRFA for a primary/secondary residence
located at 493 Beaver Dam Road/ Lot 1, Block 2, Vail Village 6th.
Applicant: Ron Byrne, represented by William Reslock
Planner: George Ruther
4. A request for a minor exterior alteration in CC1 at the Clock Tower Building, located at ~
263 Gore Creek Drive/ Lots C, D, E& F, Block 5, Vail Village First Filing.
Applicant: Gorsuch Ltd., represented by Resort Design Collaborative
Planner: George Ruther
5. A request for a conditional use permit to allow for the installation of a telecommunication
facility at the Vail Mountain School, located at 3160 Katsos Ranch Road/ Lot 12, Block 2,
_Vail Village 12th.
Applicant: Liberty Wirestar, represented by Jill Jilenick
Planner: Christie Barton
6. A request for a major exterior alteration in CC2 and a conditional use permit, to allow for
an outdoor dining deck, located at the Village Center Building (La Tour), 122 East
Meadow Drive/ Block 5E, Vail Village 1 st.
Applicant: Fred Hibbard, represented by Snowdon & Hopkins Architects
Planner: George Ruther
7. A request for a side setback variance, to allow for the construction of an additional
garage, located at 813 Potato Patch Drive/Lot 1, Block 1, Vail Potato Patch.
Applicant: Liz & Luc Meyer, represented by William Pierce
Planner: Dominic Mauriello
8. A request for an amendment to a previously approved plan for the Timber Falls
Development, located at 4469 Timber Falls Court/unplatted.
Applicant: RAD Five L.L.C., represented by Greg Amsden
Planner: Dominic Mauriello
9. A request for a worksession of a major exterior alteration in CC2 and the establishment
of a Special Development District for the Antlers at Vail, located at 680 W. Lionshead PI./
Lot 3, Block 1, Vail Lionshead 4th Filing.
Applicant: Antlers Condominium Association, represented by Robert LeVine
Planner: Dominic Mauriello
10. A request for a conditional use permit to allow for additional antennae on the Mountain
Bell tower, located at 160 Mountain Bell Road/ Unplatted
Applicant: Town of Vail
Planner: George Ruther
2
Updated 6/29 2 pm
11. A request for a rezoning from previously unzoned properry owned by the United States
Forest Service and transferred to the Town of Vail pursuant to the Land Ownership
Adjustment Agreement to Primary / Secondary Residential District for property located at
Rockledge Road/portions of United States Forest Service Lot 3, totaling 1.78 acres based
upon the proposed Final Plat (not yet recorded) of Rockledge Forest Subdivision
prepared by Dennis Shelhorn as Job No. 0332-002 dated February 25, 1998.
Applicant: Town of Vail - ~
Planner: Dominic Mauriello
12. A request for a rezoning from previously unzoned property owned by the United States
Forest Service and transferred to the Town of Vail pursuant to the Land Ownership
Adjustment Agreement to Primary / Secondary Residential District and Natural Area
Preservation District for property located at Ptarmigan Road /Government Lot 2(1.66
acres) and Lot 3(4.252 acres) created by a survey done in 1995 under the authority of
_the Bureau of Land Management Cadastral Survey.
Applicant: Town of Vail ~
Planner: Dominic Mauriello
13. A request for a minor subdivision of Lot G-1 to create a new lot, located at 1410 Buffehr
Creek Road, Lot G-1, Lion's Ridge Subdivision Filing 2.
Applicant: Leroy Schmidt, represented by Eric Johnson
Planner: Dominic Mauriello
WITHDRAWN
14. A request for a conditional use permit, to allow for a bed and breakfast operation, located
at 1779 Sierra Trail/Lot 18, Vail Village West Filing #1.
Applicant: Malin Johnsdotter/ Robert Zeltman
Planner: Christie Barton
TABLED UNTIL AUGUST 24, 1998
q 15. Information Update
- 16. Approval of June 22, 1998 minutes.
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the
Hearing Impaired, for information.
Community Development Department
Published July 10, 1998 in the Vail Trail.
3
a
RECEIVED ,JUN 0 1998
1 1998
Trevor & Celeste Bradway
PO Box 2583
Vail, CO 81658
(970) 476-1117 Fax (979) 476-3264
June 1998
Mr. Rob Ford, Mayor
VAIL TOWN COUNCIL
Town of Vail,
Vail, CO 81657
Reference: 1Vlountain Haus West Side EntranceBradway Addendum
Request for permission to use Town of Vail Land
Dear Rob:
Sam and I are owners of four commercial Mountain Haus condominium units
which are adjacent to Slifer Plaza and right nex-t to the proposed new Mountain Haus west
entrance. You are probably familiar with the Mountain Haus Associations' request for
land to construct their new west side entrance which I believe has already been approved
by Council. The Mountain Haus' proposal was recently amended slightly to better suit the
needs of adjacent unit owners including ourselves. Both we and the Mountain Haus
would prefer that our customers access our facility from the outside rather than through
the building and Fire Marshall Mike McGee also sees the relocation of our present main
access (now inside the building) to the outside as a significant fire safety improvement.
Our architect came up with what we all believe is the best approach to this which
is reflected in the enclosed elevation and plan. As you can see, our entrance access would
be separate but integrated with the Mountain Haus access and our walk and steps would
be architecturally compatible.
We are aware of the concern about exiting trees and landscaping and, while our
small addition to the Mountain Haus plan is some five to six feet from existing trees, we
are retaining the services of Mark Stelle of Precision Tree Works to amend his previously
submitted report to take our plan into consideration.
It appears that we only require a few hundred square feet additional to that which
has already been approved and we would hope this may be accomplished through an
minor addendum or revision of the ground lease agreement between the Mountain Haus
and Town of Vail. We expect our small walk and steps would be Mountain Haus
common elements (as would the entrance) and they would be the sole lessee.
MHOt I.WPS 611198
PAGE TWO OF TWO PAGES
Our end of the overall West Entrance construction project is relatively minor and
we would expect to have everything completed this fa1l if not sooner. We have been
working with George Ruther on all this and will stay in close touch with him. We and our
architect are available for any questions you or staff may have.
look forward to your favorable decision on our request.
Best reg ds,
Tre or & Celeste Bradway
Enc/ Elevation and Plan
Copy/ George Ruther
File/ Mountain Haus West Entrance
MH101
MHDII.WPS 611/98
07/10/98 13: 59 14002
s
Memorandnm
To: Town Council
From: Andy Knudtsen
Subject: Common Ground Next Steps
Date: July 14, 1998
1. Tntroduction
With the approval of the Common Ground pian on lune 30, 1998, staff has outlined a process to
take the project to the next level_ The plan includes sites for open space, parks, community
facilities and housing as well as funding sources far the housing projects and, finally, designazed
uses for the housing sites_
In the case of the housing sites, density was not included in the approval and now becomes a
primary focu5. Before seeking development teams to mvve fvrward with design ancl corrstrccction,
the Town needs to work with rhe cornm.unity to set devefopment parameters for the housing sites.
To do this most efficiently, staff proposes to take the Phase I sites and a portion of the Phase II
sites and begin discussions with the community immediately. Once chose are completed, staff
recommends taking the balance of the Phase II sites, add the Phase M sites, and eonduct a similar
proeess wich the eommunity in late fall_ Staff beIieves it is critical to determine the development
parameters for ail housing sites in the near future to ensure that the plan is implemented.
H. Prncess Overview
A_ Parlcs
The next step to implement the desiga and construction of the rccommended park sites
will be tv incorporate them into the Town's work program and budgeL Discassions with
interested communiry members will begin in conjunction with the discussion on housing.
Separate, more park-specific community mectings may be needed in the future.
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07/10/98 14:00 FA? ~003
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B. Open Space
The fust scep to move forward with the open space sites will be to reconvene the
comnnittee established to review and make recommendations regarding potential
dedicated open space sites. Following that step, the next is for that group to make their
recommendations for declieation of the different parcels listed in Phase I of the Common
Ground plan.
C. Community Facilities
Significant time has been invested in this issue concurrent with the Comawn Ground
process. Two groups have been meeting regularly to discuss communiry needs es well as
opportunities. In addiaon, the community survey probed the issue, asking respondents to
rank various community needs w}llch eould be met througb a eommunity center. Staff
believes the next step is to build upon the community survey results and hone in an the
top community priorities. While a specific process for chis effort has not been developed
at this time, staff believes an August start date for a focused effort to derne the
communiry needs is realistic.
D. Housing
While the Commvn Ground plan is a signifcant step towards der`ining the housing
program, there is still much work to be done to refine the proposed housing sites. One of
the key desires of the participants who have attended the workshops or hearings is an
oppominity to dialogue with Council and staff to understand rhe thought process behind
the recommended actions. Another key concern i5 to simplify the community
involvement and to provide adequate time to fully address concerns about various sites.
With that in mind, staff has developed a process ihat provides for dialogue and limits the
number of sites to be discnssed at a given meeting. As discussed above, al! of ihe housina
sites have bcen broken down into two groups - one to be addressed immediately and one
to be addressed later this fall. The first group includes the four sices in Phase T(Tract C,
West Vail, Lionshead and the L.ower Bench) and the two other benches of Donoyan Park.
The second group includes the balance of Pha,ee II (Tract A, Hud Wirth, Timber Ridge)
and Phase III sites (Water Treatment, Mountain Bell, Intermountain, and OId Town
Shops)_
The goal of the next step is to ser develapment purameters. These wil I be listed in an
Request for Proposals (RFp), wEiich wiIl be used to hire a developmen[ ceam to de-sign
and construct the housing_
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M. Detailed description of the housing process
A. Invitatiou to Participate
Staff plans to taroet the individuals who have already participated in the process,
primarily through d'uect mail. Thm will not bc the same magnitude of advertising
provided for the previous workshops. Small ads will be placed in the newspapers and, as
always, every step in the process is open to all individuals wanting to parcicipate.
B. Community Tours
In order to maintain the integiry of each neighborhood, staff will work with
neighborhood groups to define what level of development can be accommodated without
negatively affecting the char-acter. The firat step is to ezpand the discussion to more ihan
"density" and discuss design issues that are also of concem to neighbors, for example,
landscape buffers, buiiding heieht, architect[ua1 character.
Initially, staff and a design consultant will describe the range of possibilities that can be
considered when discussion design. Following the brief presentation, the participants wiIl
tour neighborhoods on buses to see examples. The purpose of these tours will be to
quantify the extent possib(e the context for each of the housing sites. Paracipants
will be asked to describe design elements they like and do not like about the current
contexts_ Once d framework of design clements has been established, density can be
addressed.
Another important part of tbe bus tour will be to walk through two existing housing
developments that will show community pamicipants what the housing could look like.
Staff plans to Wur Vail Commons and RiverEdge, as examp)es of quality for-sale and
seasonal housing_
The plan at this time is to break down the grvup of sites under consideration to enable
community participants to fully express their ideas and explore opaons. Staff proposes
to take one week to discuss the three benches of Donovan Park and to take a second week
to discuss Tract C, West Vail, and Lionshead Strucmre. 5ta$ proposes to provide two
bus tours folJowed by an evening discussion for the weeks of 3uly 27 and Augu.tit 3.
C. Community discussions
A discussion with interested community participants wouId follow the bus touus_ At this
time, staff anricipates scheduling the discussion of the three benches for luly 29 and for
Tract C, West Vail and the Lionshead Structure for August 5. The purpose of the
discus5ions wiIl be to leam what issues matter to par[icipants mosi, what design prineiples
are important to be included in the development garameters, what specific concerns might
exisi about che site and/or neighbomood, ece. The participancs will have to follow the
gound rules for the grocess (see at[acheri sheet) and will understand thaz the Town
Council ultimately decides what to include in the deveiopment parameters for the RFP.
3
07/10/6fi
Q005 `
D. Analysis
5taff will take two weeks to review the recommendations from the tours and
neighborhood diseussion sessions. Staff will look for consistencies and will refine the
messages expressed during the tours. Staff will test the economic viability of the
proposed sites, reviewing development costs and bonding capabilities. The conclusioa of
this analysis will be a set a specific developtnent parameters for each site.
E. Open Hovse
Stdff proposed to provide a week-long open house the week of August 24 for interested
community members to come and leam what was said and how that has been translated to
developmcnt parameters. The display will be thoroughly documented to enable
pai-ticipants to comprehend what tHe future developments entail. Near the latter part of
the week, staff proposed to hold dialogues with the community. One evening will be
dedicased to the three benches and another evening will be dedicated to Tract C, West
Vail, and the I.ionshead Structure.
F. Town Councii Approval of Parameters
The Town Council has the final authority to decermine what elements are listed in rhe
development paraneters. Staff wil] provide a recommendation at a regularly scheduled
workseision, likely to be September 1, for review and approval.
G RFP .
Staff will draft an R1'p and distribute it to the development cammunity in early
September, based on the approved development parameters. It will contain options for
multiple sites or single site development, depending on the capabilities of the
respondents.
H. berelopmeut Team
Responses to the RFP will be due in early October, 1998_ Selection of developmeat team
should be complcLe by end of October, 1998. Aevelopmeni team will de,sign proposal
and proceed through devclopment review process. Conceptual de.tiign slated for
November and December, 1998. PECIDRB/I'C hearings pro}ected for January and
February, 1999. Working drawings to be done in 1Vlarch and a portion of April. Ground
brp.alcing........ April 15, 1999.
IV. Conclusioa
Staff believes the grocess outlined above will achieve the goals initially idearified by the CouaciI.
Although the additional meeangs scheduled with the cvmmunity adds time to the overall process,
staff believes it is time well spent, as it solidifies the community direction and Council decision,
prior to engaging a development team.
4
. ' 07/10/98 14:01 - f~006
Common Ground: Grnund Rules for the next steps.
1. Community involvemcnt wili be proactively sought to further refine all uses inclucled iII
the Common Ground plan approved 7une 30, 1998_ Parks, community facilities, housing
and open space acrions vvill be planned with community input encouraged at appropriate
t1meS.
2. pecisions about the sites and uses have been made and will not be a part of the
deliberations in this next pha.ee.
3. The final product to be generated by this phase of the Common Ground comanunity
involvement process are specific development Qarazneter5 for each bousing and park site.
?hese will be listed in the Request for Proposaly (RFPs) the Town will use to hire
development teams for each site.
4. The Town Council has the final responsibility and decision rnaking authority for the
development parameters_
5. The Council ha,s made a commitment to maintain the integrity of each aeighborhood in
conjunciion with the development of affordable housing. The puzpose of this phase of
the communiry engagement is to quantify the neighborhovd characteristics to ensure [hat
new development is consistent with them.
6. Althaugh participants in the Common Ground workshops held in April and Iune of 1998
indicated that a relatively large number of affordable housing beds be constzucted, which
matched the Towm Council goai of providing 1680 beds by the year 2010, more recent
community concems have been expressed abouc that level of density_ In response, the
Town Council has eommitxed to reducing density while still making significant strides
towards soiving the housing problem_
7. The Town will use but not be limited to the following criteria to determine appropriate
density of future housing projects: compatibTlity to the densiry of adjacent development,
traffic and pazking constraints, impacts to neighborhood services, and the ability to cost
effectively achieve the Town's housing goals.
8. Identifying development parameters for the 13 sites approved by Town Council for
housing will be conducted in two steps: the first, for Phase I and part of Phase II will be
done in the summer and early fal1. The second, for the remaining Phase II parcels and for
Phase III, will be done in the mid Fall to winter.
9. Participation is ogen to all who wish to participate.
10. Final ptoject design will go through the requited development approvai process, and be
acted on by the Design Review Board, the Planning and Environmental Commission (as
needed) and the Town Council_
S
CODE OF CONDUCT
1. Purpose and Declaration of Policy.
There is hereby enacted these "rules of behavior and standards of conduct," which may
hereafter be referred to as the "code of conduct." The purpose of the code of conduct is to
implement a practical and uniform guide for the conduct of officers of the Town of Vail in the
performance of their official duties, consistent with the requirements of Colorado State law.
II. Definitions.
As used in this Code, the following terms shall have the following meanings unless it is
apparent from the context that a different meaning is intended.
Board means any appointive body, board, commission, or authority of the Town which
the Town appoints the entire membership and which is empowered by delegation from the Town
Council or ordinance to exercise a governmental function. "Board" shall specifically include the
Town Planning and Environmental Commission, the Design Review Board, the Local Licensing
Authority, and Housing Authority, but shall not include advisory or ad hoc committees except to
the extent a board member is otherwise a Town officer.
Board lVfember means a regular or alternate member of a board irrespective of election or
appointment to such board.
Business Entity means any corporation, general or limited partnership, sole proprietorship
(including a private consultant operation), joint venture, unincorporated association or firm,
institution, trust, foundation, or other organization, whether organized for profit or not.
Town rneans the incorporated home rule Town of Vail, Colorado.
Town Council means the Town Council of the Town of Vail, Colorado.
Confidential Information means all information which may lawfully be designated
confidential, whether verbal, written, or electronically recarded, which is at the time not available
to the general public under applicable laws, ordinances and regulations, or which has otherwise
been designated as confidential by the Town Council, the Town Manager, or the Town Attorney.
Confidential information subsequently disclosed, without violating this Code, to outside parties
shall no longer be confidential information. The Town may adopt rules and a policy pertaining
to confidential information discussed or distributed at executive sessions.
Conflict of Interest means an incompatibility or interference between the private interest
of an officer and those obligations and duties arising from or out of his or her position as a public
officer.
1
T
Councilmember means any member of the Town Council of the Town of Vail, Colorado.
Disclose means to bring to the attention or to make known a financial interest or conflict
of interest.
Disinterested Third Person shall mean a person who possess the experience and
qualifications to investigate and/or conduct a determination process pursuant to this article and
who has no current personal or business association with the Town, individual(s) making a
complaint or allegation under this article, the officer subject to an allegation under this article or
any other officer of the Town. .
Employee means a person who labors or provides services for the Town and who is paid a
wage or salary for such labor or services, but does not include any member of Town Council or
any person appointed by the Town Council to serve on any Town boazd, commission, committee,
agency, or authority.
Family means an officer's spouse; naturai, step, or adopted child; mother, father, sister,
brother, grandparent, mother-in-law, father-in-law; or any other relative or dependent residing in
the same household as the officer.
Financial Interest means a pecuniary interest, the nature of which is either:
(1) Ownership interest in a business entity;
(2) Creditor interest in a business entity;
(3) An employment or prospective employment for which negotiations have begun;
(4) . Ownership in real or personal property;
(5) A loan or any other debtor interest; or
(6) A directorship or officership in a business entity.
Governmental Function means participation by discussion, vote, or other action as a
member of a board, whether in a quasi judicial, legislative, rulemaking or administrative action.
Interest means a direct substantial pecuniary (which shall include real and personal
property and cash) benefit accruing to an officer as a result of that officer's official participation
in a governmental function except for such actions which by their terms or the substance of their
provisions confer an opportunity or right to realize the accnial of a similaz benefit generally to all
other persons or property similazly situated. -
~
Malfeasance shall mean conduct by an officer in the course of his or her official duties
which is unlawful and against the interests of the Town.
Misconduct shall mean any willful and unlawful behavior by an officer in relation to the
duties of his or her office.
Nonfeasance shall mean the willful nonperformance of some official act lawfully
required of an officer, or the total neglect of the lawful duties of an officer.
Off cer means any person who is elected to office or appointed by Town council, including board members, the Town Manager, Town Attorney and Municipal Judge.
Official Body means the Town Council and any appointive body empowered by
delegation from Town council or ordinance to exercise a governmental function including;
Planning and Environmental Commission, Design Review Board, Local Licensing Authority,
and Housing Authority.
Order or Directive shall mean, when used within the context of Town Council to Town
employees interaction, to instruct a Town employee to take some action within the scope of their
employment. Requests and similar inquiries of department heads made within the provisions of
the Town Charter or any other employee as may be delegated by the Town Manager shall not be
interpreted as orders or directiveso
Person means a singular or plural of any natural person, entity, corporation, partnership,
association or authorized agent thereof.
Pecuniarv Benefit means a benefit in the form of money, property, or commercial
interests.
Substantial means and includes a situation where, considering all the circumstances, a
reasonably prudent person would expect a marked tendency to make a decision other than an
objective decision.
III. Compliance with other laws.
The requirements of this Code shall be in addition to the applicable requirements of the
laws of the State of Colorado. To the estent that any conflict exists between requirements of this
article and any other provisions of the Vail Town Code the requirements of this Code shall apply
for the purposes of any enforcement by the Town. This Code shall not create any private rights
of action.
~
IV. Conduct Constituting Malfeasance and Misconduct in Office.
An officer shall not commit malfeasance or misconduct in office. An officer shall be
subject to removal from office in the event of any of the following:
A. Conviction of or an entry of judgment in any Colorado Court upon a charge of
malfeasance or misconduct in office as provided in C.R.S. Section 24-18-103
. (Public Trust-Breach of Fiduciary Duty) and C.R.S. Section 24-18-109 (Rules of ' Conduct for Local Government Officials and Employees), as amended. -
B. Conviction of or any entry of judgment in any Colorado Court upon a chazge of
abuse of public office as provided in C.R.S. Section 18-8-401, et se , as amended.
V. Standards of Conduct.
A. In conducting their official duties, and to the extent that private interests conflict
with public duties, all officers shall in good faith, observe the following
limitations on conduct. Violations of said limitations on conduct, as set forth in
this section, in and of themselves, shall not constitute misconduct or malfeasance
in office.
(1) An officer shall not knowingly fail to make disclosure of a conflict of
interest.
(21) An officer shall not knowingly disclose information he or she knows to be,
or reasonably should know to be, confidential.
(3) No officer, in his or her official capacity, shall on behalf of any private
interest other than himself/herself, a spouse or minor children or business
in which he or she has substantial financial interest, shall appear before
- any board. An officer may appear before Town Council or any boazd on
behalf of the electorate in the course of their duties as a representative of
the electorate or in the performance of public or civic duties.
(4) An officer shall not knowingly use Town property or services for personal
gain or profit except when the same property or services are available to
the general public or authorized in the furtherance of official business. No
officer shall be deemed to have violated this section if their use of Town
property is incidental to the performance of their official business. An
officer in compliance with C.R.S. Section 24-18-109(4)(a) and (b), as
amended (Rules of Conduct for Local Government Officials and
Employees), shall be presumed to be in compliance with this section.
Town Council may approve policies and procedures concerning the use of
4
Town services and resources in accordance with C.R.S. Section 1-45-116
(Colorado Campaign Reform Act).
(5) An officer shall take reasonable precautions to prevent or avoid ex parte
communication with any party in interest or their attorney when such party
in interest or attorney is appearing before a boazd or commission upon
which the officer sits, and said officer is acting in a quasi judicial capacity.
. Nothing herein shall prohibit the officer from obtaining legal advice or counsel from the Town Attomey. -
(6) An officer shall not vote upon any questions of his/her own conduct.
(7) An officer shall not use his or her official position to seek special
treatment or consideration for the officer, or for a member of the officers
family, or for an entity or enterprise in which the officer has a substantial
personal or financial interest to the exclusion or disadvantage of the public
generally.
(8) An officer shall not knowingly and willfully refrain from performing the
duties lawfully required of his or her office.
B. In all official matters, officers of the Town shall conduct themselves in a manner
so as not to bring disrespect or disrepute to the office held, or to the town. During
sessions of the official body officers shall treat their fellow officers, the public and
Town employees with courtesy and respect. Violations of this section by
Councilmembers which occur during sessions of the Town Council may be
punishable as follows. An allegation of a violation of this section shall be brought
to the attention of the presiding officer before the meeting adjourns. If an
allegation is brought to the attention of the presiding officer, the Town Council
shall proceed to determine the matter prior to adjourning. The procedure for
-hearing the matter shall be set forth in the Town Council rules. A violation of this
section shall be punishable by an oral reprimand made on the record.
C. Upon its own motion, an official body may hear and determine violations of
Section V. The Town Council mav develop procedural rules for the investigation
and enforcement of violations of Section V which shall be binding upon all
official bodies.
D. An officer shall not be liable for criminal or civil penalties if such officer
discloses an ex parte contact or a conflict of interest.
5
VI. Conflict of Interest Disclosure; Stepping down Procedures; Councilmembers or
Board Members.
A. An officer who knows of a conflict of interest in any matter proposed or pending
before the official body shall disclose the conflict of interest to the official body
upon which they sit prior to action of the official body on such matter and shall
not vote thereon and shall refrain from attempting to influence the other members
of the official body voting on the matter.
B. An officer shall be excused from voting on any matter which he or she has a
conflict of interest.
C. The provision of this section concerning disclosure or stepping down shall be in
addition to any requirement of state law.
VII. Enforcement.
A. The Town Council shall have the responsibility and autharity to adopt procedures
to investigate, hear and determine violations of the code of conduct.
B. This code shall not create any private rights of action or right to sue the Town or
individual officer or any other person.
C. The Town Attorney andlor the Town Manager are authorized to receive written
allegations concerning an officer of any criminal violations of local, federal, or
state law and violations of state or federal discrimination and employment law
and are authorized to refer such allegations to the appropriate law enforcement or
regulatory agencies for investigation. In the event an allegation fails to state facts
. supporting substantive violations of criminal or employment discrimination laws,
such written allegations shall be returned to the person(s) who submitted the same
advising such person(s) that the allegations will not be investigated. If in the best
professional judgment of the Town Attorney and/or the Town Manager, as may be
appropriate under the totality of the circumstances, information concerning the
complaint or allegation cannot be revealed generally to Town Council without
impugning the credibility or validity of the investigation, or otherwise destroying
or revealing confidential information or evidence required for the investigation,
then the mayor, or if the mayor is otherwise disqualified or unavailable, then the
mayor pro-tem and one other Councilmember, or if not disqualified, any two
other Councilmembers shall be informed. The mayor or the mayor pro-tem or
such Town Councilmember shall be authorized in such circumstance to provide
direction to the Town Attorney and/or Town Manager until such time as Town
Council may take action. Remaining members of the Town Council shall be
informed of the matter and developments as soon as the mayor, or Town
6
Manager, and Town Attorney determine that the credibility or validity of the
investigation will not be compromised by the release of information.
(D) No officer shall interfere with or attempt to influence any criminal, civil or
administrative investigation performed pursuant to the Town Charter or this Code.
To the extent consistent with individual civil and legal rights of all officers, each
shall have an affirmative responsibility to cooperate fully in any authorized
investigation.
(E) Notwithstanding anything herein to the contrary, the Town Council may direct the
Town Attorney, or if the Town Attorney is disqualified, the Town Manager, to
initiate and prosecute any appropriate civil action for the recovery of property, a
violation of fiduciary duty resulting in gain or any other appropriate civil action
against an officer or employee for conduct which may also be a violation of this
article.
(F) To the applicable extent of federal and state law the Town shall maintain the
confidentiality of any records pertaining to allegations of violations of this code
and any subsequent investigation and disposition.
VIII. Hearings.
A. Except as to allegations of violations of Section V or criminal allegations in
addition to any other rules of procedure adopted by the Town Council, the
following shall apply when the Town Council, or a person delegated by the Town
council, is the official body determining whether a violation of this code has
occurred.
(1) The hearing shall be conducted in a judicial or quasi judicial forum. The
allegations shall be presented on behalf of the Town, by special counsel
selectPd by the Town Council.
(2) The Town shall have the burden of proof which shall be by clear and
convincing evidence.
The parties shall have the following rights:
a. Present testimony.
b. Produce evidence.
c. Cross examine witnesses.
d. Be represented by legal counsel.
e. Raise any statutory privilege.
7
B. T'he officer against whom the allegations are raised shall receive a notice briefly
sta.ting the substance of the allegation and notice of all hearings pertaining thereto.
8.
C. Matters referred to a disinterested third person for determination shall be heazd in
accordance with the Colorado Rules of Civil Procedure and the Uniform
Arbitration Act C.R.S. Section 13-22-201.
IX. Violations; Penalty.
A. Upon a conviction, arbitration award or entry of judgment by a court, disinterested
third party or Town council of malfeasance or misconduct the Town Council shall
cause a hearing to be held at which time it shall be determined if the officer shall be removed from office. (1) If the matter has been referred to a disinterested third person for an
arbitration award, such person shall present written findings and a
determination of whether a violation of this article, the Town Charter or
other instance of malfeasance or misconduct has occurred to the Town
Council for final action. If the matter was referred to a court for
determination, the Town Attorney shall obtain a copy of the courts final
order and present it to the Town Council.
(2) The Town Clerk shall cause notice of the matter to be published and
written notice to be delivered to the officer who is the subject of the
complaint. The Town Council shall deliberate in public. The officer shall
have the opportunity to make a statement in his or her behalf prior to the
Council's decision.
(3) The proceedings shall be recorded and shall constitute final governmental
action for purposes of appeal.
- (4) A determination by the Town Council to remove the officer shall require a
unanimous vote of the Tow-n Council eligible to vote thereon.
(5) If the Town Council votes to remove the officer, the ctficer may ask for a
reconsideration upon filing a written request within 48 hours of Council's
announcement of the penaltv. A reconsideration may be considered only
in the event new evidence, not l:nown or available to the officer at the time
of the hearing, is set forth in the request for reconsideration.
(6) Town Council shall announce any penalty within 48 hours of announcing
its decision. Any penalty shall be stayed until expiration of the
reconsideration period.
(7) If the Town Council imposes the penalty of forfeiture of office said
penalty shall not take affect unti131 days after Council has announced the
9
penalty. During this period the penalty shall be sta.yed and the
Councilmember shall remain in office. Upon expiration of the thirty-one-
day period the Council shall proceed to fill the Council person's seat.
B. Upon a conviction, arbitration award or entry of judgment by a court or
disinterested third person or determination by Town Council as provided herein of
a violation of Section V, not otherwise constituting malfeasance or misconduct,
. the Town Council by a 2/3 vote of the members of Town Council entitled to vote thereon may impose the following penalties: _
(1) If the violation was unintentional or an oversight, the Town Council shall
issue a verbal admonition which shall be part of the record of proceedings.
(2) If the conduct was negligent, the Town Council shall issue an official
written reprimand which shall be part of the record of proceedings.
(3) If the conduct was intentional, the Town Council may, censure the officer,
impose a penalty of a fine equivalent to up to one month of the officer's
pay which they receive as a board member, or remove such board member.
(4) Each repeat violation for which provisions (1) and (2) above apply, shall
also be punishable by impositions of a fine not to exceed one month of the
officer's pay which they receive as a boazd member.
(5) The penalties provided for in this section shall not foreclose the
application of any other cause of action. or right of action arising under the
Vail Town Code, Town Charter or other applicable Colorado law.
(6) A conviction. arbitration, or entry of judgment by a court or disinterested
third person of a violation of Section V not otherwise constituting
- malfeasance or misconduct shall not be grounds for removal pursuant to
this code.
X. Advisory Opinions.
A. Before engaging in any conduct which may raise a conflict of interest or possible
violation of this article an officer of the Town may require in writing an advisory
opinion with respect to this code or any provision of the Town Charter or Town
Code concerning possible conflicts of interest or questions regarding the
interpretation of this code.
B. Except as provided herein, all advisory opinion(s) as to any potential violation of
this code or the Town Charter or other conflict of interest provision, shall be given
10
by the Town Attorney. The advisory opinion so provided shall be in writing
unless required immediately at a recorded and official Council meeting, and may
require that all or portions of the opinion remain confidential. Such opinion may
be designated as attorney-client privilege and shall generally be provided to the
official within 24 to 48 hours or within a reasonable length of time depending
upon the complexity of the issue after receipt of the Town Attorney's office.
C. If a potential conflict or allegation or complaint creates a conflict of interest, or ethical consideration, or otherwise alleges impropriety on the part of the Town
Attorney, then an advisory opinion may be solicited from outside counsel. Town
Council, or the Town Manager, shall select a disinterested third party attorney
who shall not currently or previously have represented any member of Council, or
the Town Manager or Town Attorney to provide such advisory opinion.
D. The advisory opinion shall, in the best legal judgment of the advisor, opine as to
the legal implications of a situation or contemplated course of action. The
advisory opinion shall not be offered for the purpose of determining policy
direction except as to its legal validity.
E. Officers sha11 be entitled to reply upon advisory opinion issued for purposes of
determining adherence to or violation of this code. No officer shall be disciplined
under the provisions of this code and no officer shall be deemed to have violated
any provision of this code if, in good faith, the officer or employee has acted in
accordance and compliance tivith the terms of an authorized advisory opinion
issued as described herein above.
XI. False Reporting.
Anv person who intentionally, knowingly or recklessly gives false or misleading
information or who makes any false statement concerning any allegation of a violation of this
code or in the course of an investigation of any allegation of a violation of this code shall be
subject to prosecution.
11
~t t
MEMoRIEs af Va~~~BEAVER CREEK
MAILING ADDRESS: U.P.S. SHIPPING ADDRESS:
P.O. BOX 1810 1916 WEST G
IORE CREEK DRIVE
VAIL, COLORADO 81658 VAIL, COLORADO 81657
~ (303) 476-3757 (303) 476-0632
`
Photographic Fine Arts & Printing
July 4, 1998
To the Vail Town Council!
My name is Richard Strauss. I am the owner of
Memories of Vail. I have been in my present location in
Lionshead for thirteen years. My Galleries feature Photographic
Artfrom around the Vail Valley, with an emphasis on the Town of
Vail and it's mountains. Millions of people have taken this art
home to hang in their homes or offices for all to see. It is the
belief of many that this is one of the best advertisements Vail
can have!
Now I have a problem - My Gallery, as well as the
Store Bum Wraps, are set back from the street line, making it
difficult to spot the stores. Bum Wraps does have a window facing
the street. I do not! Originally, when I moved in, there was a
Kiosk in the center between both stores. My Landlord, Dick Brown,
let me use the Kiosk to display my photographs. All was well,
and my business was progressing very satisfactorily. A few years
back, along came Bum Wraps. They complained about the Kiosk, and
it was removed, and in it's place was put a round bench. This
soon became the hangout for ernployees from around the neighborhood,
when on break, to sit and smoke, have a drink and litter. It was
also an attraction for young snowboarders to do the same - but
some of the smoking and drinking was a bit different! I complained.
My business was in decline, while my Gallery in Vail Village was
increasing it's business with the same product. The bench was
taken away last fall and replaced with an open-air look. Everything
seemed to be coming back to normal until Bum Wraps hired a new
Matnager. He decided he was in his legal rights to put out a rack
of tee shirts right in the middle of this open space, on town
property. [nThen I spoke to him, he moved it to the side. Dn my
other side, the General Store did the same thing. I put out a
bridge table on which I displayed my photographs - self-defense.
S1owly, but surely, these racks of close-out tee shirts with ugly
and crude signs were closing me in! My customers were making
comments as to what was going on. What happened to the charm of
the Mall? I am terribly disturbed about this and also the fact
that my business is in a major decline. When you walk down the
Mall, all you see is a line of tee shirts. You do not see my Gallery
until you are right on top of it. Not a very inviting scene to
BEAVER CREEK GALLERY RICHARD STRAUSS GALLERY LIONSHEAD GALLERY
Hyatt Regency 201 Gore Creek Drive 610 Lionshead Circle
Beaver Creek, Colorado 81620 Vail, Colorado 81657 Vail, Colorado 81657
(303) 949-1722 (303) 476-8586
(303) 476-1815
i
MEMORIES of VAIL/BEAIVER CREE/[
• I ~ i ~ MAILING ADDRESS: U.P.S. SHIPPING ADDRESS:
P.O. BOX 1810 1916 WEST GORE CREEK DRIVE
VAIL, COLORADO 81658 VAIL, COLORADO 81657
(303) 476-3757 (303) 476-0632
~ Photographic Fine Arts & Printing
-2-
continue to walk. My end of Lionshead needs something done
about it!!!
A few years back, the Council wanted all outside
displays and racks removed. A very good idea! Later, that was
changed to allow displays in Lionshead, with the Lionshead
Merchants' Association policing these displays so the_y would be
tasteful and agreeable to all. I do not know who said it, but it
goes like this - You give an inch, they take a foot!- you give
a foot, they take a mile! This policing is not being done, and
it has gotten out of hand. I went to Gary, who is the head of
the Association, and told him of my concerns. He said Bum Wraps
• is not even in the Association, and therefore he could not talk
- to them. He did send down a Town Policeman to discuss the situation
with them, but all that was accamplished was to turn the tee shirt
rack from a perpendicular position to the street, to a horizontal
position. No relief for me! Bum Wraps has plenty of rooip on the
other side of this open space, but refused to put this ugly tee
shirt rack there. It is like Dave has studied the Good-Neighbor
policy and decided he wants no part of it!
The enclosed photographs show you everything I have
described above. Since Bum Wraps and the General Store want to hem
me in with their tee shirts rack, and not let a legitimate, long
existing, good-for-the- Town Art Gallery have it's space in a good
neighborhood, I am asking the Town Council to enforce the ruling
of No Outside Rack Displays - that includes everybody, including
myself! It's too bad that two operations have to spoil what could
be an excellent way of displaying Summer Merchandise, with their
inconsiderate attitudes and bad neighbor policies:.
Sincerely
RICHARD STRAUSS
cc: Vail Town Manager
(see page 3)
BEAVER CREEK GALLERY RICHARD STRAUSS GALLERY LIONSHEAD GALLERY
Hyatt Regency 201 Gore Creek Drive 610 Lionshead Circle
Beaver Creek, Colorado 81620 Vail, Colorado 81657 Vail, Colorado 81657
(303) 949-1722 (303) 476-8586 (303) 476-1815
MEMOR/ES of VAIL/~EAVER CREEK
MAILING ADDRESS: U.P.S. SHIPPING ADDRESS:
I I: ' I.P.O. BOX 1810 1916 WEST GORE CREEK DRIVE
VAIL, COLORADO 81658 VAIL, COLORADO 81657
(303) 476-3757 (303) 476-0632
~ Photographic Fine Arts & Printing
-3-
cc: Vail Town Attorney
Vail Police Chief
Landmark Commercial Development Co.
Lionshead Merchants' Association
Bum Wraps
Rudy & Associates, P.C.
BEAVER CREEK GALLERY RICHARD STRAUSS GALLERY LIONSHEAD GALLERY
Hyatt Regency 201 Gore Creek Drive 610 Lionshead Circle
Beaver Creek, Colorado 81620 Vail, Colorado 81657 Vail, Colorado 81657
(303) 949-1722 (303) 476-8586 (303) 476-1815
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COLORpO 1p11
jE~E.9~~~45 INTERNATIONAL TRAIN EE/
BrgXVSA EAX'914~451A65
QOSS~~p81b EMPLOYEE EXCHANGE
VA~`
PROG RAM
Phone: 970-845-2472 Call today for more information!
Fax: 970-845-2465
Become a member of Vaii Valley Exchange and experience international
employee/trainee exchanges at a new level. Membership dues are modest and
the benefits you will receive as a program participant are significant.
¢
The Empioyer Receives:
? A motivated employee who aiready has some experience
? An employee who is anxious to work in the resort environment
? An employee who has been trained in customer service
? An employee who will stay through the entire season
? Direct tax benefits to both employer and employee
(Empfoyees on certain exchange programs are exempt from some U.S./stats
taxes - FICA-OASDI, FICA-HI, FUTA and SUTA.)
Membership Cost: $250 per Business Employee/Trainee: $500 per person
$ 50 per Family
With this fee structure, a business would pay $750 for one employee, $1250 for
two, $1750 for three, etc. reducing the per person cost to well below the
standard ($750 to $1500 per person) promoted by most sponsoring agencies or
attorneys. In many cases, the individual wishing to come to the U.S. will pay all
or a portion of the fee if asked to do so. Tax savings for an employer with 1
person working the ski season, pd an hourly wage of $8.00, would be approx.
$544. The trainee would save about $470 in taxes.
We would love to assist you in obtaining a trainee or two for the coming winter
season. In mid-August we witl be traveling to our Sister Community in Australia
and will be happy to present your job opening to potential program participants
there...or to have you accompany us on the trip! Give us a call!
AFFILiATED WITH SISTER CITIES INTERNATIONAI
JUL-09-98 10=55 FROM=NFL ID= PAGE 2/2
Xe ~o Y-~-) NATIONAL FOOTBAY.I. LEAGUE
Neil R Austrlut
Presrdenl
July 8, i 998
VIA FACSIIVIILE 970-479-2157
Town Goimcil
Towm of Vail
Yte: Y.ionshead Redevelopment Plan
Dear Coimcil Members:
I was shocked to leam only today that the Lionshead Rederrelopment Plan calls for the Town of
Vail to change the zoning at the upper end of Forest Road and allov?r Vail Associaces to build am
unspecified number of c3wellinbs on the site tktat is current]y the 7ennis Courts. Rumors of a ehange
in status of the Tennis Courts circulated during the past Christmas holidays, so my wifc Naney and I
went to ttse presentations held at the Y,ibrar'y. We specifically asked about any changes to the Tennis
Courts and were assured that any changes to that site were not contemplated 'uvithin the then
Lionshead Redevelopment Plan. Thus my total surprise when I received confirmation that VA dces
indeed wish to change the nature and eharacter of West Forest Road.
I do not lmow any of the details, but do wish to state my objectian to any such change until such
time as someone explains to me and the other residents of the road, what exactly is planned. Why
such secreey? Why wasn't this an issue to be discussed on its own merits as opposed to being burieti
within another Plsn and hope that those affected'w4uldn't notice the proposal?
For seveTal years I have been engaged in discussions with officers of VA in attempting to
relocate the snowcats off this residential street. Nothing has been accomplished except delays,
broken pramises, and total run-around_ It cecfiainly raises the question as to the underlying intent of
VA on any issue.
I urge the Gounail not to include this matter within the Redevclopment Plan since it vvouid
appesr to have little to nothing to do with the revitsslization of Lionshead. There is very little open '
space left in Vail, few athletic facilities 'vvithin Lionshead, and a strong belief on the part of many
Forest Road homeowners that this proposed change has not been discussed at all.
S{ncerely,
NEIL AUSTRIAN
280 Psrk Avenue,lVew `Y'ork. New Xorlc 10017 (212) 450-2000 FAX (212) 681-7570
I
ne :
~
~
To: city Council
Bill Brice
Kay Ferry and Merchants Assaciates
Thank you for doing a great job on this years Chili Festival. Our store had the best Sat.
in June in 7 years. Your advertising and promotion of this event really brought the locals and visitors to
the Vail Village. I applaud you for all your effort and hard vork to make an event like this so successful.
We were so busy we never got to even taste the chili
I hape you continue with these type of family events that become an annual event, and a signature to Vail.
Thank you,
t-16ft ZL"ke,.
Patti Weinstein
r
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swx?~~~
PRW Enterprises, Inc. ~
172 East Gore Creek Drive • PO Box 1947 • Vail, Colorado 81658 • 3034767774
X G= ~
Page 2-The Dally, Wedneaday, July 8, 1998
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:
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INSIDE
BUSINE
SS ...........................I3 COMMENTARY................... 38
THE WEST ........................29 COMICS............................. 42
WORLD ...........................33 WEATHER......................... 63
Newsroom : 949-0555; Fax 949-7096; e-mail newsroomOvaildaily com
En ' eers: Avon not Ln'ving round.
~ a.bouts a chance
By Ronnie Lynn _
DailyScaffWriter AVON Leif Ourston and Peter Team to
Doctars vaveled from California to
Avon Samrday not for the fireworks, rCe Al
but for the munciabouts.
And as founders of the Santa Bar-
bata-based eivil engineering firm Chat o~ traffic
designed the roundabouts, they were
diSappointed. u
Ovrston, Doctors and other engi- ViQlaliQnS
neers hiked up to Chalk Cliff, a rock
promontory southeast of the Beaver ' The Avon Palice beparY-
Creek entrance, to get a birds=eye view " ,~nent ts b~'itngrn~ u3t ~ traf~c
of traff c How a$er the fireworks show: jrpnforcem1 cbt°te'atn' "fbda`"~ to
BuLtyhCo *;sho~tr ended> the towri
opted Kp direct a1j'cars on the west side an violationa oa Avpri Road '
of Avqn Road southt3ounci to U,S. ' k'ive pew rounclab~ruts tine
,
Highway6, and all cars pn the ea"st side ~tt~d'thi'au~li thefieart of
of Avon R le-
70. oad no,nhbound [q Inceista p
te _ m a'iid sinCe tC~eir c~iilm
1a~i; th6,pdlice zlepartn7c.~it 6as '
From Oursfon's vantage point, SFait,pail ~p~i~~~.
`~southbouod AvAn Road was in grid- Y/D~Wd Manzella
~
.~.y,s~~~~~s.~I ~
lock wh;le norchbound Avon Road Forth of July traffic in Avon was altered due to the high volume of vehicles. Roundabout
was vir[ually empry. engineers were disappointed and said they w111 work, given a chance.
, . , `"TrAffjc was forced to Hieyray 6, 4
and 6 became a paz[6ng lot, said Ip" fie said. "It will be difficult for police "The Fourth o€ July is not%114.6 fd i'ptob;abl"y, ~F zsatue, modificdu~s
Arm [~Iiggin's; a-oalleague'of f3urston to trust the roundabouts enough to night to educate people ori 7cflind-'"'for neC Fourth." " "
and Doctors who watched traffic from stand on the sidewalk and do nothing, abouts," he said. "The problem with Thomas said Ourston's suggestion ~-'hottt~s ~z~i?tds 4tjtVO-#w
Wildridge. but give them a chance. experimenting on the Fourth of July is of a] 0-minute free-flowing traffic test tti~ sp~i 1~1mqt nar~
At the very least, she added, Beaver ` At least give them 10 minutes of that you're really roliing the dice. I may be a possibility next yeaz, but anii-5tauthotuilri~'i~o~
Creek Boulevard could have been par- no intervention and see how that don't think you can have a foolproof some sort of pedestrian strategy must ~t~W~ ~'s"700d
dally opened to allow traffic east of works. Maybe even have someone p?an because of the numbers (of addi- be worked out first. A '
Avon Road to go northbound to I-70. check on flow and then intervene, and tional people)." Thoesands of pedestrians took to acCtvftr}3§4~ uoad :
Pedestrians then could have crossed if it's dramatically different one way Avon polic;e expected the number the streets after the fireworlcs, which lV,S:H1ghtiy#,6„th6pmd Ilm2
Avon Road south of the rounda6out, or the other, then so be it, but my of addiEional vehicles to be between meant fewer cars but more interfer-
presenting no conflict with vetvculaz guess is no incervention would have 7,000 and 7,500, but a final eshmate ence with vehicular traffia g
'iraf~'ic ; : A. has
warked.° noC 6e8n de*iifttaF' h'
. : i Qera1L thou,ghTk3n* was seE-
. . , ; Wh~tPVer th@,.trtffic . fp.cnrol; Town officials aredt so suue "Withthe~nwuia~~ttaffie#4pu#:.: ts£~d witb t}p,w_-~u?ckly ~fic left,
((hU~Toti Wd ttfe ioui?da`bonts`aie built Avon Town Manager Bill Efting ' i n t o A v o n, w e f e tt that we could not town -'about 45 romutes compared
to handle high-traffic situations such as said traffic in the town on the Foucth allow the haffic to flow freely without to two hours in years past.
Sahudsy's wit}mut the least bit of imer- of July is too chaotic because of visit- some kind of direcdon," Avon Police Ronnie Lynn cavers Avon, Beaver
vention. ing pedestrians and motorists who aze Chief Gary Thomas said. "It was a Creek and Edwards. She can be
"Give the roundabouts a chance," unfamiliar with roundabout protocol. learning experience, and we will reached at (970) 949-0555, ext 606.
XC
~ . RE tt~~~~ ~ u
VAE.VAUEY ~
FOUNDATION
Providing leadership
in athletic, educational
and cultural rndeavors
to enhance and sustain
the quality of life in the Uail Valley
MEMO
Board of Directors
Yresidcnt Gerald R. Ford TO: All Box & Key Seat Holders -
Adam N1. Aron
I-'°° 1?. sii,ck FROM: Tina Mereekis
Carolyn S. Blount
M:,riene L. aou Assistant Direetor of Development
Bjorn K. Borgen ,
)ames Berrv Craddock J,ck R. Cro,b,. DATE: July 9, 1998
AndceNk• P. Dal.
H:,«, H. Fr1mp`o", II'
luhn McD. Garnsey RE: Additional Summer Performanees at the Ford Amphitheater
l;eorge N. Gillett, Jr.
Gilhert R. Giordano Yepi J. Gramshammer
Jteve N. Haber
iviarth-a B. xrAa There have been a few additions to the summer coneert schedule at the
Wil<i:ln, J. x,.hi Gerald R. Ford Amphitheater. As a box or key seat holder, you are entitled to
Fia'°e `V. hel`°°
lack F. Kemp tickets to all of these concerts.
Henn• R. Kravis ,
1'`'Er NV.'`1:'}'
Fitzhugh Scott, Erneritus Due to the individual contracts the Vail Valley Foundation has with each
,t«',ad S. s',a°°°° eoncert promoter, you may not be guaranteed to sit in your particular box or key
Rudnrv E. Slifcr
o.c:,r L. T~n-_ seat. Please read each specific concert description for information on ticketing as
it relates to seating.
Jnhn D1cll. Garnsec
I're, iilc ii t
Please return the enclosed form to me by fax at (970)949-9265 by
199 «.,,r« A,1,,,,e Friday, July 24th. If you have any questions, please feel free to call me at
stii c ha,,,rim,ship., (970)949-1999.
1994 World hfutnttain '
13Eke chu,npi,m.,hih, - Enjoy the rest of your summerI
1989 NVorld Alpinc
Sl:i Chumpimuhips
AGI \1 in [d Funnn •
A-ciicun Ski Clnssic
FIS :1lpuir World Cup
hrirnd, oj Vail
Finid.r- tlic Cuturc -
(7erald R. Ford
:iinphithcatcr
}Inrnblrrwcr Aavar(Ls '
„+,t: lchulurships
i~ lntcrnuhonuf 1 hincc Fcsnvul
P.O. Box 309
Vail, Colorado 81658
970-949-1999
Fax 970-949-9265
e-mail vvfops@vail.net
A Colorado 501 (c) (3)
Nonprofit Corporation
TICKET REQUEST FORM
SaturdaX., Tu1y 251h- THE YOUNG DUBLINERS, NINA STOREY
Presented by: Bui'nt / Vail Myriad Productions ~
Time: 6:30 p.m. (Gates open at 5:30 p.m.) . \
Description: Irish Rock
Tickets: All tickets are general admission. You are not guaranteed your
specific seats. You are entitled to the number of box or key seats you have.
? Please hold my _ tickets at Will-Call under this name: _
Saturday, August 1511, - ZUBA, LOUDMOUTH SOUP ,
Presented by: Children's Hospital of Denver Foundation / Project Chalienge Benefit
Time: 5:00 p.m. (Gates open at 4:00 p.m.)
Description: Rock & Funk
Tickets: All tickets are general admission. You are not guaranteed your
specific seats. You are entitled to the number of box or key seats you have
? Please hold my _ tickets at Will-Call under this name:
Friday, August 21 st & Saturday August 22nd- "The Taming of the Shrew"
Presented by: Colorado Shakespeare Festival •
Time: 7:30 p.m. (Gates open at 6:30 p.m.)
Tickets: Tickets are reserved seating. While you are not guaranteed your seats, you are
~ guaranteed seats in the box & key seat section.
0 Please hold my _ tickets at Will-Call under this name: for the
performance on (please circle one):
Friday 8/21 OR Saturday 8/22
Mondavz September 7th= Vail Jazz Festival
Presented by: Vail Jazz Foundation
Time: 12 noon (Gates open at 11:00 a.m.)
Tickets: Tickets are reserved seating. While you are not guaranteed your seats, you are
guaranteed seats in the reserved section.
? Please hold my _ tickets at Will-Call under this name:
;~u~. ~4thIJ1 ;
F~ease::£axthis ~orm to Tina:iVEe~eclc~s afi :('~70) :~4~ ~2~5: by ~riday,. y..
111I.. 13, 1998 7:19AM N0, 0432 P. 1/2
Va,rl Resorts, Inc.
.
FOR INIlVIBDIA,TE R.ELE,A,SE
~
MecUia Contacts:
Paul Witt, 970-845-5720, paulw@vailresorts.com
Jim Felton, 970-453-3210, jimf@vailresorts.com
VAIL. RFSQRTS AGRFES TD PURC'HASE THF VILL.AGE AT
BRECKENRIDGE
, VAZL, Colo.-Juiy 13, 1998 - Adam Axon, chairman and chief executive officer of Vaxl
Resorts (WSE:1V1'Y'N), announced today that the company has entered into a contract to
buy the Village at Breckenndge from TBA Entertainment, Inc. for $24 million. The
Vil)age at Breckenridge, currently a franclaised Wyndhazn Resort, is a collaction of hotel,
restaurant and other pmperties revolving around hospitality and commercial activities
directly at the Breckenridge ski area's Peak 9 base area. Bxeckenridge, located in the
Rocky Mountains of centraI Colorado, is the second largest sld resort in the United States
based on Wer days.
Included in the azmounced acquisition aze: the 60-rooom Village Hotel, fhe'71-room
Breckenridge 1Vlountain Lodge, two property maziagement companies which znanage for
rental approximately 360 condominiums, nine restaurants, approximately 28,000 square-
feet of retail space leased to third parties, and approximately 32,000 square-feet of
convention and meeting space. In addition, the acquisition includes "The Maggie
Building," that is generally considered to be the prime base lodge of the Breckenridge ski
resort, but that until now has neither been owned nor managed by the ski company.
-more-
Pp 9ox 7 • Vail, Colorado • 91658 . phone 970 845 5720. fax 970 845 5728
JLTI,, 13. 1998 7:20AM N0, 0432 P. 2/2
Vail Resorts Acquires 'V'illage at Breckenridge
2-2-2
"Given its location immediately at the base of the ski area., our purchase of the Vxllage at
Breckenz7idge is a highly strategic advance for Vail Resarts, and reaffums our
commitment to invest in the community vf Breckenridge," commented Azon _
"Additiona]ly, our growxng reputation for offering high quality lodging and hospitality
experiences to our guests will only be enhanced as we both manage the Village and
upgrade its faciliHes." Aron noted that the trmsaction is expected to close vvithin 30
days.
In a xelated transaction, Vail Resorts will also acquire for $10 million the remainder of
TBA Entertainment's Breckenridge assets, including the Bell Tower Mall and certa.in
otlaer Xeal estate parcels slated for near-term de'velopment. Simultaneously, Vail Resorts
laas entered into a contract to sell these same assets for $10 million to East West Partners
of Avon, Colorado, a lughly-experienced mountain resort real estate developer. Vail
Itesorts has had considerable previous experience with East West Pazhlers in achievung
successful and attractive commercial development.
Vail Resorts cutxently owns and manages the Crreat bivide Lodge in Breclcenridge; the
Lodge at Vaia; the pines L.odge in Beaver Creek; and the Keystone Lodge and the Iim at
Keystone, The company also manages numerous other hotel and cpndominium rental
properties throughout Colorado's Eagle and Summit Counties.
Vail Resorts, Inc is the premier mountain resort opexator in North ,A,merica, and operates
the Colorado mountaazt resorts of Vail, Beaver Creek, Brectcenridge aztd Keystone_
-30-