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HomeMy WebLinkAbout2000-05-16 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING MEETING TUESDAY, May 16, 2000 7:00 P.M. IN TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 mins.) 2. CONSENT AGENDA. (5 mins.) • Item A - Approval of the April 4' and 18' Town Council Meeting Minutes 3. First Reading of the Model Traffic Code Ordinance No. 11, Series 2000. Tom Moorhead (20 mins.) Greg Hall Greg Morrison ACTION REQUESTED OF COUNCIL: ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 11, Series of 2000, on first reading. BACKGROUND: In 1978 the Town of Vail adopted the Model Traffic Code, 1977 edition for the regulation of traffic within the Town of Vail. That Model Traffic Code was revised by the Colorado Department of Transportation in 1995. The Model Traffic Code intends to promote uniformity between the states traffic laws and municipal traffic codes. The model traffic code establishes speed limits for both residential and commercial streets and roads. The model traffic code establishes speed limits of 25 mph in any business district and 30 mph in any residence district. In order to change the Town's speed limits from what the code establishes, it has been necessary to do site specific speed studies. The Town of Vail has conducted these studies and the results are reflected in exhibit A which is attached to the ordinance. Exhibit A, recommends specific speed limits in our residential and business area. STAFF RECOMMENDATION: Approve Ordinance No. 11, Series 2000, an ordinance adopting the model traffic code. 4. First Reading of Ordinance No. 10, Series 2000 - Vacating an Easement Tom Moorhead Located at Lot 39-1, Glen Lyons Subdivision. (15 mins.) Greg Hall ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 10, Series of 2000, on second reading. BACKGROUND: Lot 39-1, Glen Lyon Subdivision is presently subjected to an access and utility easement 20 feet wide across the north portion of the lot. This easement has been replaced by the creation of a new easement along the driveway line by the owners of Lot 39-1 and 39-2. Therefore, this easement is no longer necessary and has been vacated by Holy Cross Energy, AT&T Cable Service, Public Service of Colorado and the Eagle River Water and Sanitation District. STAFF RECOMMENDATION: Approve Ordinance to vacate an easement. 5. Resolution No. 3, Series of 2000. A Resolution approving and adopting the Tom Moorhead Town of Vail/Eagle County Intergovernmental Agreement for the Town of Vail to administer the modification of the Lodge at Vail Liquor Premise on to the land in the area of the Vista Bahn. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Resolution No. 3, Series of 2000. BACKGROUND: As a result of the land ownership adjustment agreement the land in the area of the Vista Bahn and Chair 1 was deannexed from the Town of Vail and is now located in Eagle County. The land is owned by the United States Forest Service and subject to Vail Resorts permitted uses. This area has been utilized for special events, which include the sale of alcohol. There are two upcoming events on the calendar which will involve the modification of the Lodge at Vail Licensed Premise on to the County land which is adjacent to and contiguous with the Lodge at Vail. This Intergovernmental Agreement in addition to allowing the Town to administer the liquor and beer codes provides that the Town of Vail Police Department will provide primary law enforcement functions on that property during such times that the modification of liquor premise is in place. STAFF RECOMMENDATION: Approve Resolution No. 3, Series of 2000, Intergovernmental Agreement. 6. PEC Appointment. (5 mins.) 7. Resolution No. 2, Series 2000 - Removing One Signer and Adding Steve Thompson Another Signer for the Library Checking Account. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Resolution No. 2, Series of 2000. STAFF RECOMMENDATION: To approve. 8. Town Manager's Report. (5 mins.) Bob McLaurin 9. Adjournment (8:20 P.M. ) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5123100, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 6/06/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 6/06/00, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:WGENDA.TC VAIL TOWN COUNCIL - MINUTES TUESDAY, April 4, 2000 6:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, April 4, 2000. The meeting was called to order at approximately 6:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Sybil Navas, Pro Tern Kevin Foley Diana Donovan Greg Moffet Rod Slifer Chuck Ogilby STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pamela Brandmeyer, Assistant Town Manager The first item on the agenda was the follow-up discussion regarding the proposed White River National Forest to solicit public comment and provide feedback on issues that warrant the transmittal of formal comments to the U.S. Forest Service on behalf of the Town of Vail and its residents. This is a follow-up discussion on the presentations to Council by the U.S. Forest Service, the North West Colorado Council of Governments, Eagle County Commissioners Tom Stone and James Johnson, Colorado Wild and the Aspen Wilderness Workshop regarding the proposed amendments to the White River National Forest Plan. Prior to these presentations, the Town Council had the opportunity to review the Draft Environmental Impact Statement for the plan, forest planning documents, and maps/analysis provided by both Town of Vail and Eagle County staff. At its February 22nd meeting, the Vail Town Council raised several key issues regarding proposed plan amendments. Staff prepared an analysis of how those key issues are addressed under different plan alternatives and asked for feedback from Council in an effort to develop formal comments on behalf of the Town of Vail. Council listened to public input on alternative drafts of the White River National Forest plan, hearing presentations from 28 people, including representatives from Vail Resorts, the White River Alliance, the 10th Mountain Division Hut System and the Glen Lyon Homeowners Association. A frequently discussed topic was the possibility of a lift connection/ski portal in Minturn. Right now, neither Alternative C nor D (as drafted) would allow for a lift connection (outside a ski area) on USFS land within Eagle County. However, a formal request from the Town of Minturn to the USFS is anticipated for an "aerial transportation corridor" before the deadline for public comment to the Forest Service. Many speakers urged the Vail Town Council to "do what is right for the citizens of the town and the forest" and to take a conservative approach when reviewing the plan. Public Comments: Anthony Vangalis, a resident of Eagle County for 26 years, said he supports a modified Alternative C and is opposed to alternative D. He said under Alternative D, points of entry for winter recreation at Wildridge and Singletree will be closed to public access. Alternative D also 1 April 4, 2000 Town Council Meeting Minutes restricts snowmobile access to Red Sandstone Road and Red and White Road.-Vangalis said there is no scientific proof that shows that skiing, motorcycling, biking, four- wheel drives, back country skiing, etc. has driven animals to extinction. Tom Steinberg, resident of Eagle County for 35 years, said the abuse and the overuse of roads and mountain bike trails which were put in illegally causes erosion. The more sediment that you have, the less fishing you are going to have. It is not just the sediment but the chemicals that go into the river which cause alege and slime which eventually kill the fish. The sediment buries the insects and the fish eggs and soon you don't have any quality fishing. Alternative D with more road closures and more control of off road vehicles of all types will protect our streams and the Town from the loss of fishing. Randy Guerriero, long time resident of West Vail and Vice President of the Snowmobile Club, said the Forest Service has promoted more public use for the last 30 years. Guerriero said let's manage the forest,- not-close it and encouraged the Forest Service to make a plan that works for everyone. Flo Steinberg, resident of Vail, said there are too many people using the Forest Service lands, which has resulted in a lot of abuse to the land. She said plan D is a good idea, as the Forest Service needs to cut down on the use of their land. Steinberg said it is in the best interest of the Town of Vail to vote for Alternative D. Dave Wolfe, a resident of Vail for 12 years, said there are pros and cons to Alternative D. He said the Forest Service has severely underestimated the impact that Alternative D would have on the valley. Alternative D drastically limits mountain biking. Basic geology of this county would not be here if it were not for erosion. Proper education is the best way to go about protecting the land instead of closing off access. Guy Ayrault, a resident of Vail, said Alternative D or Alternative I is the best way to go. He said Alternative D provides plenty of territory for those that feel the need to roar through the mountains on motorized vehicles, but it doesn't interfere with the enjoyment of the forest by people that want to use the forest in a more natural and less intrusive way. Protecting the forest will enhance the desirability of Eagle County as a place to live and visit. He said a statement was made at the last two meetings saying that species extinction should be a standard as to whether the forest should be protected. Why wait for a species to become extinct before we do anything to protect our forest. Andy Wiessner, a resident of Vail, urge the Town of Vail to support a modified alternative to Plan D and asked Council not to support Alternative C. Alternative D has doubled the timber harvest levels, two and a half times the firewood cutting, the same level of grazing, equal or superior water shed protection. As to insect control, Alternative D is far superior. Mr. Wiessner said he recommends modifying Alternative D to treat mountain bikers as horses and hikers on all roads and trails except in wilderness areas. Roads and trails should be closed unless posted open and snowmobiles should be allowed to use Vail Pass, Holy Cross City, Upper Tigawam, and Meadow Big Park areas near Fulford. He also recommended retaining roads 413 and 431 near Crooked Creek Pass. The National Forest is public land and should not be used as springboards for private real estate speculation. 2 April 4, 2000 Town Council Meeting Minutes Susan Tear, a Vail Valley resident, said she is here to support Alternative D. The mountain environment is part of the package that the Town of Vail has to offer. VA has plenty of room for ski area expansion with what they already own. She said population growth will continue to be a huge factor in the Eagle Valley. Mary Jo Allen, said we need to stand up for what is right for the forest and the wildlife. Allen supports Alternative D. Tom Page, a 10-year resident of West Vail, addressed the continuing rapid disappearance of big game winter range, especially low elevation agricultural lands. From 1989 to 1998 over eight thousand acres have been converted to other uses. This loss has led to increase wildlife conflicts with people and a contributing factor to the decline of our deer herds over the past two decades. The amount of private land being converted to housing is going to increase over the next year which means these problems are not going away. Alternative D designates an increase of 45% of public land for big game winter range, reduces the number of trails open to motorized vehicles and does not allow any off trail motorized or mechanized travel. Bob Essin, resident in Vail for 10 years, said he has used the National Forest and park areas since the early 1950's. He said the Forest Service does not have the personnel to manage the backcountry on any regular basis in the summers now, how could we promote a plan that calls for more people and more funding unless we are willing to pay for it. Andy Daly, speaking on behalf of Vail Resort as president of Vail Resorts, said there are not current plans for a gondola. VA has spoken with the Town of Minturn and is working with them. If they want to submit a plan for a gondola we will support that and will only move forward with the approval of the Minturn Town Council. As for the rail road yard real-estate development, the Minturn Town Council is the most appropriate governmental body to make those decisions. Mr. Daly said, as for the suggestion that there is going to be some kind of connection from Minturn to Gilman, Vail Resorts is absolutely opposed to that and is not asking that this be included in any part of the forest plan. As for the development of Mud Springs, he said Vail Resorts has the right to develop it but does not have any plans to develop it at this time and is considering trading it with the Forest Service. Vail Resorts supports a modified Alternative C as it would provide for a modest increase in ski terrain, reduce access for mechanized vehicles to the forest both summer and winter. It includes additional wilderness and supports more intense management of the Whiteriver National Forest. Robert Kelly-Goss, a resident of Minturn, who is running for election to the Minturn Town Council, said it would be prudent for the Vail Town Council to address the Town of Minturn regarding the ski portal because there seems to be a lot of misconceptions. Buck Elliott, a resident of Edwards, representing the Tenth Mountain Division Hut System, said Alternative D is a thoughtful and well balanced plan that correctly emphasizes the most important aspects of back country management but still allows for multiple uses. Ron Mitchell, a resident of the Eagle Valley since 1981, said Alternative I is where the Forest Plan should be heading. It emphasizes retaining the wildness of the land. Alternative C would allow ski area expansion and aerial tramways. Anything less than Alternative D is cutting our own throats. 3 April 4, 2000 Town Council Meeting Minutes Carol Hymers, representing the Glen Lyon Home Owner Association, said there is a need to preserve the mountain environment. If we don't take action to preserve our forest we will be urbanized. With the monorail being proposed it is only a matter of time that we will become a suburb of Denver. Sally Jackle, a resident of West Vail, supports Alternative D. Paul Hymers, a resident of Vail, supports Alternative D. Jim Lamont, representing East Village Homeowners Association, urged Council to take a conservative approach. Bill Jensen, an 8-month resident of Vail and Chief Operating Officer for Vail Mountain, said this plan should not be a plan to punish all of the communities that live adjacent to the White River National Forest. Human interest should be considered during this planning process. He said we need to maintain our forests that have nurtured our community over the last 40-years. The Forest Service should strive to achieve a balanced between bio-diversity, human use and community economics. Mr. Jensen said he supports a modified version of Alternative C. Joe Macy, a resident of the Vail Valley and an employee of VA (Vail Associates), addressed the issue of by-pass flows. -A by-pass flow is a requirement that the Forest Service seeks to impose in this forest plan. Mr. Macey said he would urge the Forest Service to use State Water Law to acquire what they need for this plan or to buy it like anyone else. Mr. Macy said he is concerned about funding for a forest plan. The Forest Service cannot manage what they already have and if they adopt a more restrictive alternative plan it will be even harder to manage. Joe Staufer, a resident of Vail, said Alternative C is ok if we do not look any further ahead than the next 15 years. However we are talking about a plan that is setting land aside for the future. Another portal or entrance to Vail Mountain would be a dangerous thing for Vail; therefore, he said he was in support of Alternative D. Annie Egan, a Eagle Valley resident, said she stands behind Alternative D. Joyce Wilson, said the future and mother nature is the only thing that motivates her. She feels that Alternative D is the only way to go so that mother-nature is protected for the future. Diane Plunkett, a Eagle County resident, said she supports Alternative D. Patsey Batchedler, a resident of the Vail Valley, said that it is critical that the Forest Service does not adopt a plan that would result in a new portal or entrance to Vail Mountain. She urged the Council to support Alternative D. Flo Steinberg, said the population in the Vail Valley is growing and it is the root of the problem. Andy Daly, representing Vail Resort, said our livelihood depends on people being able to enjoy the environment that surrounds us. We have to look to the future and find the best method to 4 April 4, 2000 Town Council Meeting Minutes protect our environment. To do this we need to aggressively support the Forest Service in management of the lands that they control within the White River National Forest. Chuck Ogilby said that he has concerns as to how this all relates to the Town and its effects on the Vail Valley. Diana Donovan said as an environmentalist, Alternative D needs to be tweaked. She expressed that what is outside our Town limits is just as important to the Town of Vail as what is inside the Town limits. Rod Slifer said that Council appreciated the input from the public. Sybill Navas said she concurs with Ogilby and Donovan. She said that the Forest Service needs to take a look at Federal funding because as of now the Forest Service does not have enough money to manage it properly. Kevin Foley said he wants to figure out how mountain bikes are a danger to the environment. He also expressed that the water issues are another important part of this plan. No formal action was taken by Council, as this was a worksession. REGULAR TOWN COUNCIL MEETING The first item on the agenda was citizen participation. Hermann Staufer inquired about the next steps regarding Council consideration of the Forest Service plan. Ludwig Kurz said the Councilmembers would discuss the matter at the April 11th worksession to determine if it will forward a recommendation to the Forest Service. Rod Slifer said if Councilmembers agree to develop a recommendation, an evening meeting discussion will then be used to help shape the response. The second item on the agenda was the second reading of Ordinance 5, Series of 2000, an ordinance amending Chapter 13-7, Town of Vail Code, to allow for the conversion of accommodation units into condominiumized employee-housing units. In 1983, the Town of Vail passed Ordinance 2, Series of 1983 in an effort to address the conversion of accommodation units ("live beds") into condominiums within the Town. The ordinance placed restrictions on the use of accommodation units that had been previously converted to condominiums and required these units to participate in a short-term rental pool. This principle of "lodging preservation" is a universal theme throughout Colorado's mountain resort communities and the Town has managed through both subdivision regulation and zoning to preserve a substantial number of accommodation units. In 1995, the Town of Vail amended this regulation in order to prohibit the conversion of any accommodation units (au's) to condominiums. The restrictions on previously-converted units remained in effect under this amendment while the application process for conversion of a.u.'s into condominiums was eliminated. This proposed amendment to Chapter 13-7 would allow for the conversion of accommodation units into employee housing through the Town's existing condominium platting and conditional use permit processes. None of the Town's other restrictions on condominium conversions would be changed with this amendment. These measures now clear the way for the conversion of units at the West Vail Lodge. The lodge has received approval from the Planning and Environmental Commission for a conditional use permit to allow for the conversion of 83 hotel rooms into 41 deed-restricted employee housing units. At the town's request, the developer has agreed to place a three percent cap on appreciation of the employee housing units. Council added language to the ordinance that would prevent conversions from occurring in the commercial core areas, which is consistent with Vail's Land Use Plan. The only other property affected by the change is the Roost Lodge. Sybill Navas said that while both needs are important, she felt the need to maintain Vail's small inventory of moderately-priced accommodation units narrowly outweighed the need for additional employee housing. Kevin Foley 5 April 4, 2000 Town Council Meeting Minutes moved to approve the second reading of Ordinance 5, Series of 2000, to amend the town code and allow for the conversion of accommodation units (hotel rooms) into condominiumized employee housing units. Greg Moffet seconded. A vote was taken and the motion passed 5-1, with Sybill Navas opposing and Rod Slifer abstaining. The third item on the agenda was the first reading of Ordinance No. 4, Series 2000, repealing and re-enacting Ordinance No. 1, Series 2000, Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; On Monday, February 28, 2000, the Planning & Environmental Commission held a public hearing on the requests for a major amendment to Special Development District No. 6, Vail Village Inn and for a conditional use permit to allow for the operation of a fractional fee club. The major amendment and conditional use permit requests are intended to allow for the construction of the Vail Plaza Hotel. Following an overview of the staff memorandum by the Town staff and testimony from the applicant and the public the Commission deliberated and discussed the hotel proposal. Upon review of the relevant criteria, a motion was passed 4-1 (Bernhardt opposed) to recommend approval of the major amendment request to the Vail Town Council and a motion was passed 5-0 to approve the conditional use permit request. The Commission has recommended 21 conditions of approval. The recommended conditions and the specific findings of the Commission are contained in the staff memorandum dated February 28, 2000. At the insistence of Councilman Chuck Ogilby, the project has been reconfigured to include on-site housing for 38 employees. As a result of the reconfiguration, the project's height has increased an average of 21 inches from the earlier approval. Another impact is a 4-ft. encroachment at the building's southwest corner, representing 36-sq. ft. of building area in the front setback. On behalf of the applicant, attorney Jay Peterson urged Council to approve the revised plan, noting the need to return employee housing to the core area to provide excitement and vitality. Others offering support for the revised project included longtime businessmen Hermann Staufer and his brother Joe Staufer, as well as Pepi Gramshammer. Kaye Ferry of the Vail Village Merchant Association also expressed support, while Jim Lamont of the East Village Homeowners Association voiced opposition to the project, noting height concerns and calling for reforms in the planning process. As approved on first reading yesterday, the project would include 99 hotel units, 50 fractional fee club units, 38 employee- housing beds, plus conference and commercial space. Councilmembers who voted in support of the project complimented the applicant for volunteering to place the employee housing required of the project on-site. Chuck Ogilby said he hoped the approval would set a new development standard for inclusion of on-site employee housing units in the future. In voting against the revised project, Diana Donovan said the project pushes beyond what should be interpreted in the Vail Village Master Plan due to the project's additional height and massing, while Kevin Foley said the project remains too big in size, scope and height. Sybil[ Navas said she is pleased to see employee housing on site but requested that language be put into the ordinance to stipulate that the employee housing units remain owned by the hotel. As for the access to the project, Navas said it could be done better. Ludwig Kurz, Rod Slifer, and Greg Moffet stated for the record that they do not have a conflict interest with the Vail Plaza Hotel project, as had been alleged by an adjacent property owner. Greg Moffet moved to approve the first reading of Ordinance No. 4, Series 2000, repealing and re-enacting Ordinance No. 1, Series 2000, Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel with the added restriction that employee housing units remain owned by the hotel. Sybill Navas seconded. A vote was taken and the motion passed, 5-2 with Foley and Donovan opposing. 6 April 4, 2000 Town Council Meeting Minutes The fourth item on-the agenda was the first reading of Ordinance No. 6, Series 2000 repealing and reenacting Chapter 13, Employee Housing, Title 12 Zoning Regulations, Town Code in order to provide additional incentives for the creation of employee housing through out the Town of Vail; and amending Sections 12-6c-8 and 12-6d-8, Density Control, Title 12 Zoning Regulations, Town Code in order to reduce the minimum lot size requirement in the two-family and primary secondary residential zone districts from 15,000 sq. ft. to 14,000 sq. ft. On June 15, 1999 the Community Development Department presented to the Town Council some potential revisions to the Town Code having impact on the provision of employee housing in the Town's duplex zone districts, Two-Family Residential and Two-Family Primary/Secondary Residential. The Town Council gave staff the direction to move forward with the concepts presented. The PEC has reviewed the proposal at its August 23, 1999, and September 13, 1999 meetings. The PEC recommended several modifications to the proposal, which have been incorporated into the proposal. The PEC recommended approval of the proposed changes with 2 minor modifications on September 27, 1999. The changes included allowing EHU's to be separated from the main structure if constructed in conjunction with garage and removal of the provision that would have required both owners of a duplex to sign the application for an EHU. On October 5, 1999, the Town Council gave staff direction to move forward with the amendments after the new Town Council was seated. There was general acceptance by the Town Council of the proposed amendments given at that meeting. The Council also wanted to incorporate a requirement for an EHU on large lots. This can be easily incorporated, however, staff is very concerned about doing this without proper analysis showing a nexus between large homes and impacts on employee housing. The staff has discussed this with several professionals in the field and they believe that an extensive analysis of neighborhoods needs to occur to show that large homes are different than smaller homes with respect to employee generation. Staff believes that while we may intuitively believe that large homes generate more employees, the courts will require evidence. We anticipate that this regulation will bring challenges. As part of the Vail Tomorrow and Common Ground processes the community stated that the Town needed to improve its incentives for private developers to create Employee Housing Units (EHUs). Staff has identified some areas of the Zoning Regulations that may need to be modified in order to ensure that the Zoning Regulations are truly "promoting" employee housing rather than acting more as a disincentive. On October 5, 1999 the Town Council agreed that the following were disincentives to providing EHUs: • Requiring garage space for an EHU, where code does not require garage space for other dwelling units • Restricting the sale of a Type I and Type II EHU and requiring that it be a rental property • Taking away the right to do a "250" on older homes if an EHU GRFA credit is used • Not allowing enough site coverage to build the EHU on smaller lots • Counting Type III EHUs as an impact on density Diana Donovan said she has concerns about affordable employee housing. Greg Moffet said he would like to enforce the renting of the unit. Harry Gray a local contractor said the ordinance was a good, but small, first step toward improving town codes. Gray also asked for additional flexibility on site coverage and GRFA standards (Gross Residential Floor Area), saying the town's current standards don't accommodate the market demands. Greg Moffet moved to approve the first reading of Ordinance No 6, Series 2000. A vote was taken and the motion 7 April 4, 2000 Town Council Meeting Minutes passed unanimously, 7-0. The fifth item on the agenda is the first reading of Ordinance No.7, Series of 2000, an ordinance repealing the establishment of Special Development District No. 30, Vail Athletic Club and amending the Official Town of Vail Zoning Map. The Town of Vail recently approved a proposed redevelopment plan for Vail Athletic Club & Spa. The designation is no longer needed due to approval by the Planning and Environmental Commission of a new redevelopment plan for the property in accordance with development standards outlined in the Public Accommodation Zone District. During the discussion, Diana Donovan asked if the ordinance was premature, given the absence of final approval of the project by the Design Review Board (DRB). However, the remaining said they were comfortable in moving forward with the ordinance, noting the DRB's decision would occur prior to second reading. The plan was approved in accordance with the development standards prescribed for the Public Accommodation Zone District. Sybill Navas moved to approve the first reading of Ordinance No. 7, Series of 2000, repealing the establishment of Special Development District No. 30, Vail Athletic Club and amending the Official Town of Vail Zoning Map. Rod Slifer seconded. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda is the first reading of Ordinance No. 8, Series 2000 Supplemental Appropriation. The $4.1 million appropriation includes $609,000 to complete the new Ellefson Park in West Vail and expansion of Buffehr Creek Park; plus $1.2 million for the purchase of the 12-unit Creekside Apartments; $386,000 for a comprehensive directional sign program; $250,00 for the Whitewater Park at the Gore Creek promenade; as well as $15,000 for improvements to the basement of the Vail Library, which is currently being used for employee housing. In voting against the appropriation, Navas said she objected to the continued use of the library basement space for employee housing, noting compatibility problems with the library's operations. Chuck Ogilby suggested an adjustment to FY2000 projects funded by the Real Estate Transfer Tax, noting the political good will that could be made by completing the town's open space acquisitions prior to development of community facilities on Donovan Park. The Council agreed to review Ogilby's suggestion in conjunction with recommendations that will be forwarded by the Open Space Commission following its meeting on May 9. Greg Moffet moved to approve the first reading of Ordinance No. 8, Series 2000, Supplemental Appropriation. Rod Slifer seconded. A vote was taken and the motion passed unanimously, 5-2, with Sybill Navas and Diana Donovan opposing. The seventh item on the agenda is the International Building Safety Work Proclamation. Vail's spring construction kick-off activities will begin, April 3-7. Rod Slifer moved to approve the International Building Safety Work Proclamation. Greg Moffet seconded. A vote was taken and the motion passes unanimously, 7-0. The eighth item on the agenda is the Design Review Board (DRB) Appointments. There are currently two vacancies on the Design Review Board. The Town received two applications for these positions: Hans Woldrich and Clark Brittain. Both are incumbent members of the DRB. After the Council interviewed the applicants at the worksession, Greg Moffet moved to reappointed Clark Brittain and Hans Woldrich to two-year terms on the Design Review Board. Kevin Foley seconded. The motion passed unanimously, 7-0. The ninth item on the agenda is the Art in Public Places (AIPP) Appointments. There are currently 8 April 4, 2000 Town Council Meeting Minutes two vacancies on the AIPP. The Town received three applications for these positions: Jonathan Greene, Jim Miller and Nancy Sweeney. After the Council interviewed each applicant at a previous work session Sybill Navas moved to appoint Jonathan Greene and Nancy Sweeney to three year terms on the Art in Public Places Board. Greg Moffet seconded. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda is the Town Manager's Report. Bob McLaurin noted a compensation adjustment he's authorized to address a salary compression issue within the organization. McLaurin said the adjustments are necessary and will increase personnel costs by approximately two percent per year. McLaurin clarified an agreement between the town and the Colorado Department of Transportation. The town will assume winter maintenance of the frontage roads in Vail to include snow removal and winter pothole repairs in exchange for a $100,000 annual contribution from the state. Councilmember Diana Donovan inquired about a contract with Revenue Recovery Group (RRG), an independent revenue-auditing firm which does coordinated audits for municipalities in Colorado. McLaurin said RRG is available to the town on a case-by-case basis to perform sales tax or other revenue audits. The town is looking at this contract to help collect sales tax from entities who do business in the town, but are physically located outside the town's boundaries. Greg Moffet suggested the town consider amending the business license ordinance to require licenses of those who do business in town but are located outside our boundaries. At the close of the meeting, Kevin Foley offered condolences to the Ernie Bender Family. Bender, a long-time area resident, passed away last week. Kevin Foley moved to adjourn. Greg Moffet seconded. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 10:30 P.M. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter 9 April 4, 2000 Town Council Meeting Minutes VAIL TOWN COUNCIL - MINUTES TUESDAY, April 18, 2000 6:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, April 18, 2000. The meeting was called to order at approximately 6:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Sybil Navas, Pro Tem Kevin Foley Diana Donovan Greg Moffet Rod Slifer STAFF ABSENT: Chuck Ogilby STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pamela Brandmeyer, Assistant Town Manager SPECIAL MEETING 6:00-8:00 P.M. In a continuing effort to seek input on the White River National Forest Plan, the council heard an overview of what has been called a "blended modified C: approach" proposed by Congressman Scott McInnis. The proposal, according to McInnis spokesman Mike Hess, has been endorsed by commissioners in Summit, Mesa and Garfield Counties and balances the needs of recreation and the ecosystem. The Council's reaction was mixed, although most said they supported one of the actions recommended in the blended plan, which is to include the 3,593-acre No Name area to the list of recommended wilderness areas. Diana Donovan stressed the importance of understanding the water issues in Alternative C, and was opposed to a ski portal in Minturn. She said she was in favor of roads closed unless posted open. As for logging, that industry was used to open up more roads, but no more roads are needed. Donovan also expressed that she is opposed to ski area expansion. Sybill Navas said the Forest Service should be accountable for past decisions and suggested a portion of the USFS permit fees raised in Eagle County be returned to the areas to help manage the forest. She also expressed that mountain bikers need to be treated the same as horses and hikers. Navas, as well as Slifer, are opposed to a corridor between Minturn and Vail. Greg Moffet expressed opposition to a ski portal in Minturn and offered support for allowing as many people to access the forest as possible. Kevin Foley said he is in favor of a modified version of Alternative D, but wants more understanding of the water rights. Ludwig Kurz said it would be critical for the Council to join in discussions with the Town of Minturn regarding a portal entry extending form Town of Minturn to Vail Mountain. Kurz asked whether there was one plan that worked better than the rest in regard to funding. 1 April 18, 2000 Town Council Meeting Minutes Brent Wilson said he would incorporate the Council's comments in a draft response to be reviewed at the May 2"d, evening meeting, and If accepted by the Council, the comments would be forwarded to the Forest Service prior to the May 9th deadline. Dick Woodrow, a retired employee of the Forest Service, said he was concerned about Alternative D, so he volunteered to work with Congressman McInnis on the White River National Forest Plan. He than reviewed the Management Summary - Eagle County handout with the Council and public. Mr. Woodrow said the Forest Service based each of the alternatives on the historic budget. Patsy Batchelder, a Vail resident, presented a recommendation for a modified Alternative D approach. She requested that additional wilderness area be protected around the Flat Tops and Red Table Mountain. She asked that mountain bikes be allowed on all trails open to horses and hikers except for in wilderness areas and that snowmobiles have access to Vail Pass, Holy Cross, Red and White Mountain. The things that she likes about Alternative D is that it provides the best protection for habitat on migration routes, allows more timber harvest, fire wood cutting, insect and fire control. Alternative D leaves 14,067 miles of Forest Service roads open to vehicle travel. The policy that roads will be closed to motorized vehicles unless posted was also good. Alternative D allows for ski area expansion within the ski area and is opposed to the corridor between Minturn and Vail. It leaves all current livestock grazing in place. It properly limits snowmobile use in sensitive areas and near the Tenth Mountain Division Huts. Ron Jones, a resident since 1970, said he was disturbed about this new plan, as it is not based on scientific facts. He said he feels this plan is a rubber stamp for real estate development and ski area expansion and further destruction of the wilderness. Ski area expansion destroys the migrations paths and winter ranges. Mr. Jones said we need to consider future generations and he urged the Town Council to consider the environment. Jim Lamont, speaking on behalf of the East Village Home Owners Association, encouraged dialogue between the Vail Town Council and the Minturn Town Council to address the issue of a ski portal in Minturn. Jeff Berman, who lives in Boulder, speaking on behalf of Colorado Wild in Boulder, criticized the McInnis proposal. Mr. Berman said these plans only serve to meet the special interest of the ski, logging and off-road motorized vehicle industries. Jeff presented a diagram to the Council demonstrating the amount of recreation (all types) that occurred in the National Forest from 1984-1986. He showed that the number of hikers is eleven times that of off-road vehicle use. He said hikers are being pushed out of the area by motorized use. Many people will not go to Vail Pass to back country ski as there are snowmobiles every where. The different types of recreation need to be allocated in such a way that reflects the levels of various use. Alternative B and Alternative D slightly increase areas for non-motorized use. Alternative D should in the very least be the direction that the forest service should be moving. Alternative I is better, as it reflects changes on the forest as used by people. Andy Wiesner, a resident of Vail, asked the Vail Town Council to prohibit what he called the 2 April 18, 2000 Town Council Meeting Minutes "entering wedge," or an aerial tramway or gondola corridor to Minturn. Carl Fauland said Alternative D does not look bad. It is the least of what we can do for our forest. It looks like the wildlife loses and the ski area expansion wins again. He said Council needs to consider the possibility of development in the Gilman area. Sally Jackel, a Vail resident, said that Congress McInnis has one of the worst environmental records of anyone. REGULAR TOWN COUNCIL MEETING 8:00 P.M. The first item on the agenda was Citizen Participation. There was no citizen participation. -The second item on the agenda was the announcement of recipients for the Youth Recognition and Ambassador Awards. Sybill Navas introduced the recipients: Sean Meehan, Vail Mountain School - Vail Valley Exchange Youth Ambassador Award. Addie Robinson-Vail Youth Recognition Award Marissa Reigel - Vail Valley Exchange Youth Ambassador Award and Vail Youth Recognition Award from Battle Mountain High School. Sean Meehan and Marissa Reigel will be spending time this summer in Mr. Buller, Australia. Addie Robinson and Marissa Reigel received a scholarship for $1,000. The recipients are all juniors and were nominated by their school's faculty. The third item on the agenda was the Consent Agenda. Second reading of Ordinance No.7, Series of 2000, an ordinance repealing the establishment of Special Development District No. 30, Vail Athletic Club and amending the Official Town of Vail Zoning Map; and setting forth details in regard thereto. A proposed redevelopment plan for the Vail Athletic Club & Spa was recently approved by the Town of Vail. The plan was approved in accordance with the development standards prescribed for the Public Accommodation Zone District. The special development district designation is no longer needed. Rod Slifer moved to approve the second reading of Ordinance No. 7, Series of 2000, Greg Moffet seconded. A vote was taken and the motion passed unanimously, 6-0. The fourth item on the agenda was the second reading of Ordinance No. 6, Series 2000 repealing and reenacting Chapter 13, Employee Housing, Title 12 Zoning Regulations, Town Code in order to provide additional incentives for the creation of employee housing through out the Town of Vail; and amending Sections 12-6c-8 and 12-6d-8, Density Control, Title 12 Zoning Regulations, Town Code in order to reduce the minimum lot size requirement in the two-family and primary secondary residential zone districts from 15,000 sq. ft. to 14,000 sq. ft. ; and making other amendments in regard thereto. On June 15, 1999, the Community Development Department presented to the Town Council some potential revisions to the Town Code having impact on the provision of employee housing in the Town's duplex zone districts, Two-Family Residential and Two-Family Primary/Secondary Residential. The Town Council gave staff the direction to move forward with the concepts presented. The PEC has reviewed the proposal at its August 23, 1999, and September 13, 1999, meetings. The PEC recommended several modifications to the proposal, which have been incorporated into 3 April 18, 2000 Town Council Meeting Minutes the proposal. The PEC recommended approval of the proposed changes with 2 minor modifications on September 27, 1999. The changes included allowing EHU's to be separated from the main structure if constructed in conjunction with a garage and removal of the provision that would have required both owners of a duplex to sign the application for an EHU. Those changes are included in the proposed text. On October 5, 1999, the Town Council gave staff direction to move forward with the amendments after the new Town Council was seated. There was general acceptance by the Town Council of the proposed amendments given at that meeting. The Council also wanted to incorporate a requirement for an EHU on large lots. This can be easily incorporated, however, staff was very concerned about doing this without proper analysis showing a nexus between large homes and impacts on employee housing. The staff had discussed this with several professionals in the field and they believe that an extensive analysis of neighborhoods needs to occur to show that large homes are different than smaller homes with respect to employee generation. On March 21, 2000, the Town Council directed staff to present an ordinance for these amendments. As part of the Vail Tomorrow and Common Ground processes, the community stated that the Town needed to improve its incentives for private developers to create Employee Housing Units (EHUs). Staff has identified some areas of the Zoning Regulations that may need to be modified in order to ensure that the Zoning Regulations are truly "promoting" employee housing rather than acting more as a disincentive. Diana Donovan said the measure was akin to "up- zoning" and would do little to provide employee housing. Kevin Foley voted against the ordinance, noting he would have preferred a three-month allowable rental unit vacancy period rather than five. Greg Moffet requested that additional wording be added to the Ordinance stating that the employee housing unit could remain vacant for 5 consecutive months rather than 3 and change the square footage from 900 sq.ft. to 1200 sq. ft. Thomas Weber said employee housing is not necessarily affordable housing. There is no Town incentive to build employee housing. The only reason people do it now is because they want to. Greg Moffet moved to approve Ordinance No. 6, Series 2000, with the added condition that the employee housing unit could remain vacant for a period of 5 consecutive months and increased the sq. footage from 900 to 1200 sq. ft. Sybill Navas seconded. A vote was taken and the motion passed 4-2, with Foley and Donovan opposing. The fifth item on the agenda was the second reading of Ordinance No. 8, Series 2000 - Supplemental Appropriation. The enclosed supplemental appropriation for $4.1 million is needed to fund incomplete 1999 projects (roll forwards): unanticipated expenditures (i.e., purchase of Creekside EHU's or the Water Park); projects that have changed in scope (i.e., way finding improvements); and projects that are funded by an unanticipated revenue ( i.e., grants). Greg Moffet moved to approve; Rod Slifer seconded. A vote was taken and the motion passed unanimously, 6-0 The sixth item on the agenda was the Year of the Young Child Proclamation. Kevin Foley read the proclamation that coincides with a parade through the Town of Vail on April 24, 2000, by children from the Learning Tree and ABC early childhood education schools. The seventh item on the agenda was the Town Manager's Report. Bob McLaurin noted the Town would receive $54,000 in future services from suppliers of the Town's new parking equipment as a settelment due to malfunctions which occurred earlier in the season. Kevin Foley moved to adjourn. Greg Moffet seconded. A vote was taken and the motion was 4 April 18, 2000 Town Council Meeting Minutes passed unanimously, 6-0. The meeting adjourned at 8:45 P.M. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter j April 18, 2000 Town Council Meeting Minutes ORDINANCE NO. 11 SERIES 2000 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF VAIL COLORADO; ADOPTING BY REFERENCE THE 1995 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES;" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL COLORADO: Section 1. Adoption. Pursuant to parts 1 and 2 of article 16 of title 31, C.R.S., as amended, there is hereby adopted by reference Articles I and II, inclusive, of the 1995 edition of the "Model Traffic Code for Colorado Municipalities," promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety Projects Branch, 4201 East Arkansas Ave., Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town of Vail. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are now filled in the office of the Clerk of the Town of Vail Colorado, and may be inspected during regular business hours. Section 2. Deletions. The 1995 editions of the Model Traffic code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted: 1. Article I, Part 7, Sections 706, 707 and 708 relating to railroad crossings. Section 3. Additions or Modifications. The said adopted Code is subject to the following additions or modifications: 1. Article I, Part 11, Section 1101(b) and (c) is hereby amended as follows: See Attached Exhibit A. Section 4. Penalties. The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions adopted in this ordinance. (b) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a fine not exceeding nine hundred ninety nine dollars ($999.00), or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment. Section 5. Application. This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of sections 1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer, and accidents and accident reports shall apply not only to public places and ways but also throughout this municipality. Section 6. Validitv. If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 7. Repeal. Existing or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 8. Interpretation. This ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 9. Certification. The Town of Vail, Town Clerk shall certify to the passage of this ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 2000, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of June, 2000. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Exhibit A Town of Vail Speed Limit Study and Proposal (Street Name From To (Existing Speed Study Proposed Speed Limit Result Speed Limit (Alpine Drive West Gore Creek Dr. Town Limit 1 15 23 25 I (Alta Cf. West Gore Creek Dr. Cul-de-sac 1 15 25 I IArosa Drive N. Frontaqe Rd West Chamonix Lane I 15 25 I IAsoen Court Aspen Lane Cul-de-sac + 15 25 I (Aspen Lane S. Frontaqe Road East Booth Creek Drive I 15 21 25 I (Bald Mountain Road N. Frontaqe Road East Cul-de-sac 1 15 23 25 I IBasingdale Blvd Kinnikinnick Dr. Town Limit I 25 23 .25 IBeaver Dam Circle Beaver Dam Road Cul-de-sac 15 25 IBeaver Dam Road Vail Road Forest Road 15 25 25 I (Bellflower Dr. Kinnikinnick Dr Town Limit 25 25 (Bighorn Road East Vail Interchanqe Main Gore Drive 40 40 1 I Black Bear Lane Black Gore Drive Cul-de-sac 15 25 I I Black Gore Drive Main Gore Drive Cul-de-sac 15 25 1 (Booth Creek Drive Cul-de-sac Cul-de-sac 15 20 25 (Booth Falls Court Booth Falls Road Cul-de-sac 15 25 1 (Booth Falls Road N. Frontage Road East Cul-de-sac 15 24 25 1 IBddge Road Bighorn Road Cul-de-sac 15 25 I Bridge Street E Meadow Drive Hanson Ranch Road 15 15 Buffeher Creek Road N. Frontage Rd West Intersection of Lions Ridpe 15 27 25 (Buffeher Creek Road Intersection of Lions Ridqe Cul-de-sac 25 28 25 (Cabin Circle Hornsilver Circle Cul-de-sac 15 25 I (Chalet Road Vail Valley Drive Texas Townhomes 15 25 I IChamonix Lane Buffeher Creek Rd. Intersection Chamonix Rd 25 26 25 and Chamonix Lane IChamonix Lane Intersection Arosa and Intersection of Chamonix 25 28 25 Chamonix Lane Road / Chamonix Lane Chamonix Lane N. Frontage Rd West Intersection of Arose and 15 1 Chamonix Lane 25 IChamonix Rd. West Vail Roundabout Chamonix Lane 25 1 25 I Circle Drive Chamonix Lane Buffeher Creek Rd. 15 I 25 Columbine Drive Lupine Drive Biqhorn Road 15 25 (Columbine Drive North of Bighorn Road Cul-de-sac 15 1 25 I ICortina Lane Davos Trail Cul-de-sac 15 1 25 I Davos Trail Arose Drive Cul-de-sac 15 25 1 I Eagle Nest Vail Valley Drive Cul-de-sac 15 25 I (East Lionshead Circle S. Frontage Rd. West Cul-de-sac 15 15 I I East Meadow Drive Vail Road Vail Valley Drive 15 15 I I Fairway Dr. Ptarmiqan Road Cul-de-sac 15 25 I (Fall Line Drive N. Frontage Road East Cul-de-sac 15 25 I I Forest Road West Forest Road Vail Road 1 15 251 I IGarmish Drive Arosa Drive ICul-de-sac 15 25 I (Geneva Drive Matterhorn Circle ICul-de-sac 15 25 I (Glacier Court Lions Ridqe Loop ICul-de-sac 15 25 I (Glen Falls Lane Nugpet Lane Cul-de-sac 15 25 t Gore Circle Main Gore Drive Main Gore Drive 15 25 (Gore Creek Drive Wilow Bridge Road Vail Valley Drive 15 15 IGreenHill Court Westhaven Drive Cul-de-sac I 15 25 (Grouse Lane Main Gore Drive Cul-de-sac 15 25 (Hanson Ranch Road Vail Valley Drive Bridge Street I 15 15 (Hanson Ranch Chute Hanson Ranch Road Gore Creek Drive 15 15 Homestake Circle Vail Valley Drive Cul-de-sac 15 25 Hornsilver Circle Vail Valley Drive Cul-de-sac 15 25 (Juniper Lane Meadow Drive Main Gore Drive 15 22 25 I IKatsos Ranch Road N. Frontage Road East Cul-de-sac 15 25 I IKinnikinnick Ct. Kinnikinnick Rd. Cul-de-sac 15 25 IKinnikinnick Rd S. Frontage Rd East S. Frontage Rd West 25 East of eesingdele 24 25 West of Basingdale 23 Larkspur Cf. Larkspur Lane Cul-de-sac 15 25 1 I Larkspur Lane Kinnikinnick Rd Cul-de-sac 25 25 1 Lions Ridge Loop Buffeher Creek Road Morraine Dr. 15 27 25 I Lions Ridge Loop Morraine Dr. Vail View Dr 25 25 I (Lions Ridoe Loop S. Frontage Road Intersection at Vail View Dr 15 1 21 25 I ILionshead Place West Lionhead Circle Cul-de-sac 15 1 25 (Lupine Drive Bighorn Road Cul-de-sac 15 23 25 (Main Gore Drive Biqhorn Road Cul-de-sac 15 I 25 IManns Ranch Road Bald Mountain Road Cul-de-sac 15 25 IMatterhorn Circle S. Frontaqe Rd Matterhorn Cf. 15 1 25 I IMatterhorn Ct. Matterhorn Circle Cul-de-sac 15 1 25 I I Meadow Drive Streamside Circle East Main Gore Drive 15 26 25 1 (Meadow Lane Meadow Drive Main Gore Drive 15 23- 24 25 1 I Meadow Ridge Road Buffeher Creek Road Cul-de-sac 15 25 [Mill Creek Circle Vail Valley Drive Vail Valley Drive 15 25 IMorraine Drive Lions Ridqe Loop Cul-de-sac 15 25 t IMountain Bell Road N. Frontage Road West Cul-de-sac 15 25 1 Nugget Lane Streamside Circle West Cul-de-sac 15 25 Potato Patch Drive Intersection of Vail View Dr Cul-de-sac 15 28 25 Red Sandstone Rd IPtarmipan Road Vail Valley Drive Vail Valley Drive 15 25 (Red Sandstone Circle Red Sandstone Drive Cul-de-sac 15 25 1 (Red Sandstone Rd N. Frontage Rd. West Intersection of Vail View Dr 15 27 25 and Potato Patch Road Rockledge Road Forest Road Cul-de-sac 15 25 I Sandstone Drive Vail View Drive Cul-de-sac 15 25 I (Sandy Lane Drive Potato Patch Dr Cut-de-sac 15 25 I (Shasta Place West Gore Creek Dr. Cul-de-sac 15 25 1 ISierra Trail Alpine Drive Cul-de-sac 15 25 I Snowberry Dr. Basingdale Blvd Cul-de-sac 25 25 (Snowshoe Lane Main Gore Drive Cul-de-sac 15 I 25 Spraddle Creek Road Main Vail Roundabout Cul-de-sac 15 25 Sorino Hill Lane Vail Valley Drive Cul-de-sac 15 25 1Spruce Court Red Sandstone Drive Cul-de-sac 15 25 ISpruce Drive Biqhorn Road Spruce Way 15 25 ISpruce Way Bighorn Road Cul-de-sac 15 21 25 ISt. Moritz way Chamonix Lane Cul-de-sac 15 25 (Streamside Circle East Streamside Circle West Bighorn Road 15 25 IStreamside Circle West Bighorn Road Bighorn Road 15 25 (Sunburst Drive Vail Valley Drive Cul-de-sac 1 15 25 IUpper Matterhorn Cr. Matterhorn CL Geneva Drive 15 25 IUte Lane Main Gore Drive Cul-de-sac 15 25 I IVail Road Main Vail Roundabout Willow Bridqe Road 15 25 IVail Valley Drive S. Frontage Rd. East Gold Peak 15 15 I IVail Valley Drive Gold Peak S. Frontage Rd. East 15 28- 25 25 I (Vail View Drive Lions Ridqe Loop Red Sandstone Drive 15 25 1 Village Center Chute S. Frontage Rd. East East Meadow Drive 15 15 I West Forest Road Forest Road S. Frontaqe Rd. West 15 24 25 l West Gore Creek Dr S. Frontaqe Rd West Matterhorn Circle 15 25 25 I West Lionshead Circle S. Frontage Rd. West S. Frontage Rd. West 15 25 (West Meadow Drive Vail Road ICul-de-sac 15 15 I IWesthaven Circle Westhaven Drive GreenHill Court 15 25 I Westhaven Drive S. Frontaqe Rd Westhaven Circle 15 25 (Willow Bridge Road Gore Creek Drive East Meadow Drive 15 15 I (Willow Place Willow Road Willow Road 15 25 1 Willow Road Vail Road Vail Road 15 I 25 (Willow Way Lupine Drive Cut-de-sac 1 15 25 ORDINANCE NO. 10 SERIES OF 2000 AN ORDINANC VACATING AN EASEMENT LOCATED AT LOT 39-1, A RESUB,YIVISION OF LOT 39, GLEN LYON SUBDIVISION WHEREAS, lot 39-1, Glen Lyon Subdivision is encumbered with a twenty foot wide access and utility easement; and WHEREAS, this easement is not being utilized and has been vacated by AT&T Cable Service, Holy Cross Energy, Public Service Company of Colorado and the Eagle River Water and Sanitation District; and WHEREAS, the owners of lots 39-1 and 39-2 have created a new easement along the driveway line through the Declaration of Protective Covenants recorded at Reception No. 723599 with the Eagle County Clerk and Recorder; and WHEREAS, neither the owner nor the Town of Vail realize any beneficial use in allowing the easement to remain. NOW, THEREFORE, the Town of Vail and the owners of Lot 39-1, a Resubdivision of Lot 39, Amended Plat, Glen Lyons Subdivision, Town of Vail, County of Eagle, Colorado covenant and agree and the Town Council ORDAINS AS FOLLOWS: 1) The Town of Vail, on behalf of itself, its successors and assigns, by this instrument hereby forever abandons, vacates, releases and terminates the easement as more fully described on exhibit "A" and hereby conveys to the owner all its right, title and interest in and to the Easement. 2) If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3) If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 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. 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. 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 16'h day of May, 2000, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6`" day of June, 2000. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk TRACT M cF SCALE; 1' s 50' ~S .~0 * Z O -I Z G I ACCESS do urUTY (GLEN LOON 3SUBDIVISION ° N cAsemENr s 0 Z J v U U.S. FOREST SERVICE LOT 40 EXHIBIT A May 16, 2000 PLANNING AND ENVIROMENTAL COMMISSION Vote for one: Tom Weber John A. Faas May 16, 2000 PLANNING AND ENVIROMENTAL COMMISSION Vote for one: Tom Weber John A. Faas May 16, 2000 PLANNING AND ENVIROMENTAL COMMISSION Vote for one: \,t Tom Weber John A. Faas May 16, 2000 PLANNING AND ENVIROMENTAL COMMISSION Vote for one: Tom Weber John A. Faas Al TOWN OF VAIL iWORLD Office of the Town Manager CHAMPIONSHIP 75 South Frontage Road 1999-VAIL-BEAVER CREEK Colorado 81657 . . , . , . 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FR: Bob McLaurin, Town Manager RE: Town Managers Report DT: May 12, 2000 LUPINE DRIVE STREET RECONSTRUCTION PROJECT The plans are complete and the Lupine Drive street project is out to bid. We will be opening bids on May 17, 2000. As you are aware, this project was moved forward because of the required water and sewer work by the Eagle River Water and Sanitation District and the opportunity to pool efforts and off set costs. MEADOW DRIVE OVERLAY We completed the Meadow Drive overlay this week. This project significantly improved the appearance of this important pedestrian corridor. We are working to design the streetscape improvements which we anticipate will be constructed in 2002. TOWN MANAGER'S VACATION I will be taking a vacation with my family from May 30-June 13, 2000. I will be in contact with the office during this time. I will also be attending the annual CML Conference in Grand Junction from June 14 to June 16. Pam Brandmeyer will be the Acting Town Manager from May 30 - June 8, and Steve Thompson will be the Acting Town Manager from June 9 - June 16. If you need anything, Beth will know where to reach me. INC. 500 VISTA BAHN VENUE As we continue to sort through issues regarding the use of the space, security, structure permitting (tents), and the liquor license extension from the Lodge at Vail, we are working closely with the Forest Service, Vail Resorts and the County. Attached you will find a letter submitted to the Forest Service earlier this week endorsing the Council's support of this special event and stressing the critical nature of being able to place appropriate special events in this venue at no inconvenience to the general public. RECYCLED PAPER RETAIL SURVEY We are working with Daniel Johnson Presentations in Brekenridge to assess the quality and quantity of information provided at the Vail Village Lionshead Information Centers. Specifically, we will be working to understand: • If Vail businesses are given first priority in guest requests; • If staff tries to keep guests first in Vail, and second in the Vail Valley; • What is the quality of the guest service provided by the staff'? In determining these outcomes, we will also explore the actual recommendations made to guests and if the service was provided with a level of confidence, knowledge and the ability to "sell" the guest staying in Vail. UU Comine Meetines 05/23/00 WS - 2:00 P.M. Economic Viability or if not needed: Community Collaboration /Leadership Council Direction on Revenue Forecast/Budget Consideration of Resource Center Funding Request. Possible Joint Worksession with VRD at 9:00 A.M. Comprehensive Pkg. Discussion DRB & PEC Report National Law Enforcement Week 1St Quarter Financial Report 06/06/00 WS - 2:00 P.M. Anniversary for Pam Brandmeyer, Steve Erikson, Susan Hervert and Janeil Turnbull Bike and Skate Board Dismount Zones Non-Profit Group Request Funding Criteria Internal (Creekside, Mortgage Assistant) Housing Water Quality (USGS) Interview for 2 LLA Positions Interview for 1 VLMDAB Position 06/06/00 TC - 7:00 P.M. Appointment for 2 LLA Positions Presentation of 1999 Audited Financial Records Appointment of 1 VLMDAB Position Resolution Re: Second Sheet of Ice Donovan Park Discussion 06/013/00 WS - 2:00 P.M. Stream Flow Enhancements Local Marketing District Board of Directors (special management discussion of summer marketing program) Discuss latest changes with the J1 program with VVE board of Directors. DRB & PEC Report County Commissioner Michael Gallagher Affordable Housing Opportunities Katsos Bike Path - Site Visit 06/20/00 WS - 2:00 P.M. Phase II of Leadership Summit 2000 Town Council 06/20/00 TC - 7:00 P.M. Vail Community Chamber Web-Site Presentation 06/27/00 WS - 2:00 P.M. Voluntary Smoking Compliance DRB & PEC Report Six Critical Strategies - Economic Viability MEMO To: Town Council From: Tom Moorhead t Re: Vacation I will be hiding out in Yosemite from May 18th until Memorial Day. I will keep in touch with my voice mail and email. Beth will have my telephone number and will be able to get ahold of me. Thanks C: Bob Pam Beth MEMORANDUM TO: Town Council, Planning and Environmental Commission, and Design Review Board. FROM: Allison Ochs, Community Development Department DATE: May 10, 2000 SUBJECT: Architectural Projections and Bay Windows At the May 9, 2000, Town Council worksession, Council members requested additional information and clarification of "architectural projections", as described by the Town Code. In addition, the Planning and Environmental Commission, at their May 8, 2000, meeting requested additional clarification of "bay windows," as described by the Town Code. 12-14-9: ARCHITECTURAL PROJECTIONS ABOVE HEIGHT LIMIT: Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15). (Ord. 8(1973) § 17.206) 12-14-8: BAY WINDOWS: Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3) into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth (1 /10) the area of the wall surface from which it projects or extends. (Ord. 8(1973) § 17.205) The above code sections were formerly located in the supplemental regulations of the Town Code, but as part of the adoption of the Development Standards, they were incorporated into the Development Standards. ARCHITECTURAL PROJECTIONS: Staff has typically deferred to the Design Review Board on discussions of "architectural projections". The code allows for "towers, spires, cupolas, chimneys, flagpoles, and similar architectural features" to be above the allowable height limit. Chimneys are by far the most common architectural projections, and . staff reviews these to. ensure that they conform to the height requirement (25% above the height limit). In few instances are spires or cupolas proposed on new development. Towers are slightly more common, and in all cases, staff will bring these to the DRB's attention for interpretation. Generally, as long as no GRFA is proposed within the projection, the DRB will approve the projection. BAY WINDOWS: Bay windows and similar features are allowed to project into the setback up to 3 feet. The definition of bay window has caused some confusion with the use of the term "all such projection". "All such projection does not exceed more than 1/10 the area of the wall surface from which it projects or extends." Staff has consistently applied the 1/10 requirement to refer to the total projection of the entire bay window in relation to the entire area of the wall from which it extends, not as the ratio of the projection into the setback. The 1/10 requirement is intended to limit the size of the bay window in relationship to the wall plane to which it projects from, similar to the 50% requirement for dormers in relation to the length of the roof plane with regards to interior conversions. Without this 1/10 requirement, any cantilevered spaces could be considered "bay windows or similar features" and allowed to project into the setback. This is not the intent of this code section. o v C) -2 (0 Ticket. Registration Directions m a v U.J. Vf ° Mail to: Vilar Center for the Arts M P.O. Box 3822 village Hall i Parking Lr~ Avon, CO 81620 Beaver Creek Covered Bridge or. call: 970.845.TIXS • 800.920:2787 skiMOUntan ' Vl a B"as,oP o L . St. James' pTML1p~ Avondale Lane G, e Q www.vilarcenter.org Parking / d / ro Q Mac Villa Montane Parking o Name P9 p oU f to ...-creek • Welcome Gate Address:„ Route6 Route6 > W \ City: State: Zip: Free parking is available at Villa. Montane and St. James., Please join us in thanking the following sponsors: III t Fax:_ Title Soonsors: Vail Daily Snonsors_ Slifer Smith & Frampton Real Estate v Email: Eagle Valley Library District Vail Public Library 3 m Vilar Center for the Arts y Total persons:" Alpine Bank General admission tickets are Epicurean Catering Beaver Creek Resort Company $55 per person (includes a box lunch and Jerry Fedrizzi afternoon refreshments) Mayer-Phillips Foundation- r~ TOTAL: Vail Resorts Development Company . Slifer Designs, m' Partners: Zino Ristorante Make checks payable to The Vilar Center for 'The. Vail Trail and' The Daily Trail w 0 1 the Arts. Tickets will be on sale until •Jun(, 10°' First Bank of Avon s First Bank of Vail ~y R.M. Brill and Lisa Brill c x Charitable Trust ' Dr. & Mrs. Gary Cage Jeri and Charlie Campisi 00 Aportion of the -'Proceeds of this event will The Bookworm of Edwards 3 0 1~i„i Verbatim -Booksellers benefit The Literacy Project. If you v c u ~I would I.ike to support this important Vail Friends: Hill &Tashiro Marketing and Advertising m ° Valle organization with a contribution, Christopher Denton - ll 1~~f Valley Strawberry Patch ro v 0 i~ 112 please make checks payable to The Literacy Meg Bernet W. a w Project and' mail to P.O. Box 608, -Minturn, Vail Valley Institute City Market CO 81645: Thank you for your support. Eves' Print Shoo vd The Vail Valley -FestNal ! Words e invite you to be a part of the First im Fergus Annual Vail Valley Festival of Words, an all-day literary event to be held on = Winner of the 1.999 Mountains & Plains Regional Fiction Award for One Thousand-White Women (a popul'ar' -Saturday, June 17th from 9:30am to 5:30pm. - Vail Valley book club selection), Jim Fergus is a field editor at Sports Afield Magazine and a .columnist for the Hosted by the Vail Valley literary community, AIIOutdoors'.coom Web site. His other books include A Hunter's Road and his recent memoir, The Sporting the Festival of Words seeks to create an Road. He lives in,Northern' Colorado. atmosphere that fosters a connection between authors and readers for the enjoyment and William Kittred - - Se I education of the Vail Valley community. We,' William Kiftredge isauthor of Hole in the Skv, the remarkable and celebrated memoir of three generations of are thrilled to announce that the following his frontier family. He is also one of the most influential and finest Western writers of our time. Winner of sed- authors will be participating in our event: Jim eral prestigious awards, Kittredge's numerous other works and contributions include his novel Ownine It All, Fergus,- William Kittredge, john Maclean, Ilk Last Best Place:-A Montana AntholoQv (co-editor), and the collection of essays Who Owns the West? Jo-Ann Mapson, Terry Tempest Williams, and Susan Zimmermann. ' Jo-Ann Mapson A-writer, teacher and poet, Jo-Ann Mapson is the author of the immensely popular and critically praised nov- This unique affair will be held at the Vilar els Hank & Chloe, Blue Rodeo, Shadow Ranch, and Loving Chloe, as well as the short story collection Fault Center for the Arts, located in the heart of Line. All take an unflinching look at the subjects of love and family, bravely exploring the corners of the human Beaver Creek Village. The Vail Valley Fe`tival' b: heart in today's New West. Her eagerly awaited latest novel, The Wilder Sisters, was.met with rave reviews. _of Words. is a collaborative effort among six strong literary organizations: Vail Symposium, John Maclean r Eagle County Libraries, Vail Public Library, Author of Fire on the Mountain: The True Storv of the South Canvon Fire, John Maclean received the 2000, Verbatim Booksellers, and The Bookworm of Mountains & Plains Non-Fiction Award. Maclean worked for thirty years as a writer, reporter and-editor for Edwards. Proceeds of the event will benefit The Literacy Project. the Chicago Tribune. He is the son of Norman Maclean; who wrote the classic.account of the Mann Gulch LA forest fire', Young Men and Fire, as well as the bestseller,-A River Runs Th'roueh It. r We hope to see,you there. Terry Tempest Williams One of the-most important naturalist writers, Terry Tempest Williams is the winner of the prestigious 1999 Mountains & Plains 'Spirit of the West' Award. She is best known for her work Refute: An Unnatural -Historv of Familv and Place,.a powerful and moving memoir of the relationship between nature, renewal and family. Schedule of Events Author of numerous other books, including a collection of essays and two children's books, Ms. Williams' eagerly anticipated latest work, Leap,, is a passionate meditation on art, creativity and faith. 9:30 -10:00 Registration Susan Zimmermann 10:00 -12:00 Welcome/Author Presentations (Master of Ceremony 1000 Festival of Words) 12:00 -1:00 Lunch ' Cofounder and former Executive Director of the Public Education and Business Coalition, Susan Zimmermann is the author of the bestselling memoir, Grief Dancers, a finalist for the Colorado Book Award 1:00 - 4:30 Author Presentations and winner of the Exceptional Parent Symbol of Excellence. She is also the co-author of Mosaic of Thought, 4:30 - 5:30 Booksigning an indispensable book on.reading comprehension. She is also a noted speaker and workshop leader, focusing on innovative ways.to deepen reading and writing experiences for both adults and children. I A 0 F 0 S -T qIL TOWN 75 South Frontage Road WORLD CHAMNONSHIPS Vail, Colorado 81657 970-479-2100 Fax: 970-479-2157 www.ci.vaiI.co.us TM Memorandum TO: Town Council FROM: Lorelei Donaldson, Town Clerk RE: Mary Zarba, Local Licensing Authority (LLA) Board member DATE: May 11, 2000 Mary Zarba, a LLA board member, requested a temporary leave of absence from the Local Licensing Authority at the LLA meeting of April 12, 2000 (letter attached). At the April meeting, the other LLA board members received and supported her request for a leave of absence and are now forwarding her request to the Town Council for approval. The board members stated they would have a quorum at all the meetings Mary would not be able to attend during this absence. The LLA board members were also in favor and in agreement that Mary should resume her duties on the Local Licensing Authority upon her return in September 2000. Please contact me if you have any further questions. RECYCLEDPAPER 4AAk Country Health Care, P.C. ~ualily Health Care For The Mountains Office Locations HCHC - Breckenridge 100 N. Park, Ste. 1-A '.O. Box 930 Breckenridge, CO 80424 ;970) 547-9200 ;970) 547-4585 fax Frisco Family Practice April 5, 2000 101 W. Main St., Ste. 103 RO. Box 653 =risco, CO 80443 '970) 668-5584 ;970) 668-0990 fax Snake River - Dillon 103 Main St. '.O. Box 5535 Dillon, CO 80435 970) 468-1003 970) 262-2196 fax Snake River - Keystone To whom it may concern; 1252 Cty. Rd. 8 '.O. Box 8698 <eystone, CO 80435 970) 468-1440 970) 262-9318 fax I will be leaving Eagle County for several months of travel starting early Summit OB-GYN May. At this time I would like to request a leave of absence from the )018 Cty. Rd. 1030, Ste. 250 Town of Vail Liquor Licensing Authority. plan to return to the county =risco, CO 80443 about mid September and would like to resume my responsibilities with 970) 668-5771 970) 668-2197 fax the Board at that time. Summit Orthopaedics )018 Cty. Rd. 1030, Ste. 125 '.O. Box 1303 -risco, CO 80443 970) 668-3633 970) 668-5052 fax fail Orthopaedics 81 W. Meadow Dr., Ste. 800 Sincerely, (ail, CO 81657 970) 476-7220 970) 479-9166 fax administrative Office 7rank J. Martelli, R.R.T., M.B.A. 20 Main Street, #12 Mary C. Zarba '.0. Box 1292 risco, CO 80443 370) 668-1791 370) 668-1792 fax Quality Health Care For The Mountains MEMO To: Town Council From: Tom Moorhead K, Re: Vacation I will be hiding out in Yosemite from May 18th until Memorial Day. I will keep in touch with my voice mail and email. Beth will have my telephone number and will be able to get ahold of me. Thanks C: Bob Pam Beth Chl Memo To: Town Council From: Tom Moorhead l Re: Waterhouse I would like to share with you the last exchange regarding the Waterhouse garage since council last considered the matter and voted 3-3 on the motion for the encroachment agreement. What Allison and I were pointing out to John Dunn was that a ruling would need to be made by the PEC on a variance before anything else could or should happen in regard to the encroachment. When he told me that the Waterhouses were considering suing the Town over this issue, I told Allison that the meeting was over. The rest is explained in the written exchange. I am happy to discuss further. It is a day in the life as town attorney. Thanks I 00-05-10 14:24 From-DUNN ABPLANALP & MAURIELLO 9704764T65 T-193 P.O1/01 F-325 ,r DUNN, ABPLANALP & MAURIELLO, P. C. emorandum DATE: May 10, 2000 TO: Tom Moorhead FROM: John Dunn i RE: Waterhouse I was told nothing new this afternoon. You have been candid with me in the past, which I have appreciated- I tried to be candid with you, and you threw me out of your office. I am concerned that the professional relationship between you and me is breaking down. That will not do anyone any good. jwd I qVAIL TOWN Office of the Town Attorney 75 South Frontage Road ALP.INE SKI Vail, Colorado 81657 CO LORA DO-USA 970-479-2107/Fax 970-479-2157 -r, John Dunn May 12, 2000 Dunn, Abplanalp & Mauriello 108 South Frontage Road West Vail. CO 81657 Re: Waterhouse Dear John. On Mav 10, 2000 Allison Ochs, Community Development, and I met with you to discuss the review process that took place prior to the Waterhouse garage being built into the Town of Vail right of way. The garage was not built according to the approved plans and is in violation of the Town's Zoning Code. The Waterhouses have not availed themselves of any administrative remedy to address their problem. Under the circumstances, I believe that any discussion of your suing the Town of Vail on this issue was a waste of time for Allison and 1. We agreed to meet with you at your request to explore. alternatives available to the Waterhouses. Your propensity to file suit against the Town on any or all issues is counterproductive to our mission. You are free to practice law however you choose. If you are determined to litigate all issues with the Town regardless of merit that is your choice. You should not. however, be surprised that our professional relationship is adversarial. Or, as you describe it, "breaking down." Very truly urs, R. Thomas Moorhead c: Town Council Allison Ochs L~~ RECYCLED PAPER a MEMORANDUM To: Vail Town Council From: Ludwig Kurz Re: Council Message Date: 5-10-00 Following is a confidential draft of the proposed pamphlet we discussed during our Y2000 Leadership meeting. I believe that in their final form, both of these sections will help to create better- understanding of our processes, and allow us to conduct our business in a most productive way. Section I: Rules and Responsibilities We are trying to keep it short, yet include all of the points we agreed to. In creating the draft, Suzanne used our draft mission statement, and included some standards from the Colorado Municipal League. Section II: Vail Town Government Fundamentals: Basically some boilerplate information. If you have any comments or suggestions, please direct those to Suzanne. In order to keep this project moving along, I would ask to get all comments to Suzanne by next week's work session. Thanks for the help. rC DRAFT v (panel 1) A Message from the Vail Town Council Welcome! We're glad you're here. Thank you for taking the time to join us for today's Vail Town Council meeting. We hope you'll spend a few minutes to read this brief overview about our legislative process, our commitments and expectations. To begin, it is this Town Council's fundamental belief that each of us in-the community has a responsibility to contribute to this great place. Therefore, our work is based upon a philosophy of shared responsibility from all members of the community. We ask that you help keep us true to our commitments outlined below and that you honor the commitments we're asking of you. Together, we'll use our improved awareness and communications to make the Vail of tomorrow even better than today. (panel 2) Our Commitment As elected members of the community, here's what you can expect from us: We will guide the Town of Vail into the future by providing vision, leadership and stewardship. We invite you to work with us as we put the pieces into place to achieve Vail's vision: To Be the Premier Mountain Resort Community ? We're committed to providing the citizens of Vail and our guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational and cultural opportunities. This is our mission. ? We will exhibit the attributes of a high performance team to include: participative leadership, shared responsibility, aligned purpose, high communication, future- focused, task oriented, creative talents and rapid response. These attributes establish clear.standards for success. ? We will actively promote civil dialogue in our decision-making. We, members of the Vail Town Council, agree to these commitments made on this day of 2000. Mayor Ludwig Kurz Mayor Pro-Tem Sybill Navas Diana Donovan Kevin Foley 1 c y Greg Moffet Chuck Ogilby Rod Slifer (panel 3) Our Reauest of You As a member of the audience and a key stakeholder of Vail, here's what we're asking of you: ? Contribute to the discussions in a respectful and meaningful way Regular Evening Business Meetings (7 p.m. First and Third Tuesdays of each month unless otherwise posted) ? Use the "Citizen Participation" agenda item at the beginning of each evening meeting to address topics other than those listed on the meeting agenda. Keep your comments to the point and within 3-minutes. ? When it is your opportunity to speak, you will be recognized by the Mayor and given the floor. Move to the podium at the front of the room and begin by stating your name and address for the public record. Use the microphone so everyone will hear you. Be succinct in sharing your point of view and keep your comments focused on the subject at hand. You will have one opportunity per agenda item to convey your message. You may be asked to contain your comment within a specified time limit. Be focused and solution-oriented with your comments and avoid personal attacks. ? Do not interrupt the proceedings with "boos" or applause, use of cell phones, prolonged private discussions or other disruptive actions. Picket signs, banners and other politicizing devices are not allowed within the Council Chambers. Work Session Meetings.(2 p.m. Tuesdays as scheduled unless otherwise posted) ? These meetings are information-gathering sessions for Town Council and open to the public with selected opportunities for public comment. While public comment opportunities are not guaranteed at work sessions, Councilmembers are eager to hear from you via other communication venues. ? Provide real-time feedback ? Is something on your mind? No need to wait for the next Council meeting. Pick up the phone and dial our Town Council 24-hour voice-mail number at 479-1860 and press extension 8 to leave a message for all 7 Council members. You can expect a reply from us within 48-hours. Another way to reach us is via e-mail. The Internet address is towncouncil@ci.vail.co.us fi e r (panel 4) Vail Town Government Fundamentals The Town of Vail was founded in 1962 and incorporated as a statutory town in 1966. Voters adopted a Home Rule Charter in 1972. ? Vail has a Council-Manager form of government and is led by a 7-member non- partisan Town Council elected-at-large. The Mayor and Mayor-Pro-Tem are selected by the Council every two years. ? The Vail Town Council has both legislative and quasi-judicial powers. An example of a legislative action is adoption of a zoning plan for the community. An example of a quasi-judicial action is approval of a conditional use permit or rezoning a specific parcel of property. ? The Town Council meets the first and third Tuesday of each month for its reaular business meeting beginning at 7 p.m. in the Vail Town Council Chambers unless otherwise noted. This is a public session with opportunities for citizen input. The agenda for this meeting is posted by 5 p.m. the Friday before at the entry to the Vail Municipal Building. It also is posted on the Town of Vail Web site at http://ci.vail.co.us, TV Channel 19 and every Monday in the Daily Trail newspaper. The evening meeting is videotaped by Channel 5 Vail Valley Community Television and is replayed on Monday, Wednesday and Friday at 10 a.m. and Tuesday and Thursday at 2 p.m. Copies are available for a minimal fee by calling 949-5657. ? The Town Council meets the first, second, third and fourth Tuesday of each month for an informal studv session beginning at 2 p.m. in the Vail Town Council Chambers unless otherwise noted. These sessions are used for Council information and education with assistance from staff and invited presenters. No decisions are made nor votes taken at the study sessions with the exception of quasi-judicial proceedings. While open to the public, citizen input is allowed only at Council's discretion. All written correspondence for the study session is due to the Vail Town Manager no later than noon the Friday before the meeting. The agenda for this meeting is posted by 5 p.m. the Friday before at the entry to the Vail Municipal Building. It also is posted on the Town of Vail Web site at http://ci.vail.co.us, TV Channel 19 and every Monday in the Daily Trail newspaper. ? The Vail Town Council is authorized by state law to meet in a private executive session upon affirmative vote of two-thirds of the members present, constituting a quorum. The appropriate items for executive session include: acquisition or sale of property; legal matters; required confidential matters; security and investigative matters; negotiations; and personnel matters. ? The Vail Town Council deliberative process includes proclamations, resolutions and ordinances. A proclamation is a public announcement of support and requires a simple majority vote of those members present constituting a quorum of the Council to pass on one reading. A resolution is a formal motion and requires a simple majority vote of Council members present constituting a quorum of the Council to pass on one reading. An ordinance is a legislative act in most instances, quasi-judicial or administrative in others, and requires an affirmative vote of 4 council members to pass on two readings. ? All official actions of the Vail Town Council are recorded by the Vail Town- Clerk and are kept on file in the Town Clerk's Office. These documents are available for public review by calling Lorelei Donaldson at 479-2163. Also, meeting . minutes, ordinances, resolutions, proclamations and meeting agendas are posted on the Town of Vail Web site at http://ci.vail.co.us. Copies of public documents are available for.25 per sheet. ? The Town of Vail offers sign language interpretation for all its public meetings upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. TOWN OF VAIL SPRING CLEAN-UP - 2000 ice' °C'K'~' t'• SATURDAY, MAY 13, 2000 LOCATION: GOLDEN PEAK SCHEDULE 8:00 AM REGISTRATION & BREAKFAST SNACKS 8:30 AM MEET WITH TEAM LEADERS FOR ASSIGNMENTS BEGIN CLEAN - UP OF VAIL 12:00 PM RETURN TO GOLDEN PEAK FOR "FREE BBQ LUNCH" The Town will give a $20 donation to the f irst 175 participants' favorite local charity + free t-shirt. No pre-registration required. Curbside pick-up for large items, by appointment only. Call 479-2159. If you have any questions, please contact Patrick Hamel at 479-2333. MEMORANDUM TO: Town Council, Planning and Environmental Commission, and Design Review Board. FROM: Allison Ochs, Community Development Department DATE: May 10, 2000 SUBJECT: Architectural Projections and Bay Windows At the May 9, 2000, Town Council worksession, Council members requested additional information and clarification of "architectural projections", as described by the Town Code. In addition, the Planning and Environmental Commission, at their May 8, 2000, meeting requested additional clarification of "bay windows," as described by the Town Code. 12-14-9: ARCHITECTURAL PROJECTIONS ABOVE HEIGHT LIMIT: Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15). (Ord. 8(1973) § 17.206) 12-14-8: BAY WINDOWS: Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth (1A 0) the area of the wall surface from which it projects or extends. (Ord. 8(1973) § 17.205) The above code sections were formerly located in the supplemental regulations of the Town Code, but as part of the adoption of the Development Standards, they were incorporated into the Development Standards. ARCHITECTURAL PROJECTIONS: Staff has typically deferred to the Design Review Board on discussions of "architectural projections". The code allows for "towers, spires, cupolas, chimneys, flagpoles, and similar architectural features" to be above the allowable height limit. Chimneys are by far the most common architectural projections, and staff reviews these to ensure that they conform to the height requirement (25% above the height limit). In few instances are spires or cupolas proposed on new development. Towers are slightly more common, and in all cases, staff will bring these to the DRB's attention for interpretation. Generally, as long as no GRFA is proposed within the projection, the DRB will approve the projection. BAY WINDOWS: Bay windows and similar features are allowed to project into the setback up to 3 feet. The definition of bay window has caused some confusion with the use of the term "all such projection". "All such projection does not exceed more than 1/10 the area of the wall surface from which it projects or extends." Staff has consistently applied the 1/10 requirement to refer to the total projection of the entire bay window in relation to the entire area of the wall from which it extends, not as the ratio of the projection into the setback. The 1/10 requirement is intended to limit the size of the bay window in relationship to the wall plane to which it projects from, similar to the 50% requirement for dormers in relation to the length of the roof plane with regards to interior conversions. Without this 1/10 requirement, any cantilevered spaces could be considered "bay windows or similar features" and allowed to project into the setback. This is not the intent of this code section. qVAI TOWN Office of the Town Attorney 75 South Frontage Road in I el Vail, Colorado 81657 970-479-2107/Fax 970-479-2157 June 1, 2000 TM. Jim Fritz PO Box 850 Eagle, CO 81631 Dear Jim: On May 8, 2000, 1 forwarded to you an Intergovernmental Agreement that had been adopted by the Vail Town Council. The IGA enables the Town of Vail's Local Licensing Authority to administer the modification of the Liquor Premise at the Lodge of Vail on to land that is located in the County. The reason for this was to facilitate the event and to relieve the County from the obligation of having to administer this liquor permit. For the Town of Vail Local Licensing Authority to administer this modification we would need to have that Intergovernmental Agreement approved and in the hands of Lorelei Donaldson no later than June 13, which is the date preceding our Local Licensing hearing on June 14.' This is the date required for hearing to have the Permit Premise approved prior to the date of the event. As an alternative we have filed for a Special Event permit in the County and will be preceding in that manner if the County does not wish our Local Licensing Authority to administer modification of this Permit Premise. If you can advise me as to which way the County prefers to handle this matter I would appreciate that. Very truly yours, TOWN OF VAIL R. Thomas Moorhead Town Attorney Cc. Lorelei Donaldson 4a RECYCLED PAPER May 8, 2000 HAND DELIVERED Jim Fritz, County Attorney Eagle County PO Box 850 Eagle, CO 81631 Dear Jim, Enclosed is a draft proposed inter-governmental agreement pertaining to the modification of the Lodge at Vail Liquor premise, this modification will be in the area of the Vista Baun which has been deannexed to Eagle County. I have also enclosed a copy of a map that includes the area in question and have outlined in yellow the perimeter that has been deannexed into Eagle County and is identified as U.S. National Forest. I have discussed this matter with Bob McLaurin and he has agreed to the commitment concerning the primary responsibility of the Town of Vail Police Department during those periods of time in which the alcohol premise is modified into Eagle County. The event that is scheduled for which this becomes an issue is scheduled for July 12, 2000. The modification of premise will have to be considered by the Town of Vail Licensing Authority at its June 14th meeting. I will be scheduling this inter-governmental agreement for Town Council consideration at the May 16th meeting. If any additional information is required please give me a call. Thank you for your cooperation on this matter. Very truly yours, TOWN OF VAIL R. Thomas Moorhead Town Attorney Enc. 2 L INTERGOVERNMENTAL AGREEMENT This AGEEMENT is made and entered into this day of , 2000, by and between the Town of Vail, Colorado, a municipal corporation in Eagle County, Colorado and Eagle County, Colorado. WHEREAS, Article XIV, Section 18 of the Colorado State Constitution and 29-1-203, C.R.S. authorize the Town of Vail and Eagle County to contract to provide any function, service, or facility lawfully authorized to each Government; and WHEREAS, the Lodge at Vail is located in the Town of Vail, immediately adjacent to Eagle County; and WHEREAS, the parties hereto desire to work in cooperation with respect to the local alcoholic beverage licensing and regulation of any modification of the licensed premise of the Lodge at Vail on to the land in Eagle County. NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by both parties, the governmental units hereby covenant, and agree as follows: COVENANTS AND AGREEMENTS 1. Eagle County does hereby grant to the Town of Vail the exclusive jurisdiction to issue, regulate and control a modification of the licensed premise at the Lodge at Vail pursuant to the Vail Town Code and the Colorado Liquor and Beer Codes. 2. The Town of Vail agrees to notify Eagle County of any public hearing that will be scheduled regarding the modification of the premise of the Lodge at Vail. 3. Eagle County residents shall have standing at all public hearings conducted by the Town of Vail Local Licensing Authority regarding the modification of the premise of the Lodge at Vail. 4. The relevant neighborhood for purposes of issuance, revocation and suspension of a modified premise for the Lodge at Vail pursuant to Section 12-47-301, C.R.S. as expressly agreed to by the parties, shall be the Town of Vail. 5. During any special events in which the Lodge at Vail alcohol premise is modified to extend on to land in Eagle County, the Town of Vail Police Department will be notified to provide primary law enforcement functions. 6. This Agreement shall become effective when it has been duly executed on behalf of both of the parties hereto. The term of this Agreement shall be one (1) year from said effective date, and this Agreement shall be automatically renewed for additional one (1) year terms unless terminated by written notice by either party. Such notice of termination shall be given not less than one hundred eighty (180) days prior to the effective date of termination, unless otherwise agreed by the parties. 8. This Agreement may be amended only by written document or proof by the formal authority of the governing bodies of each of the parties hereto. IN WITNESS "REOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TOWN OF VAIL, COLORADO EAGLE COUNTY, COLORADO By: By:_ Robert W. McLaurin, Town Manager ATTEST ATTEST By: By:_ Lorelei Donaldson, Town Clerk RESOLUTION NO. 3 SERIES OF 2000 A RESOLUTION APPROVING AND ADOPTING THE TOWN OF VAIL/EAGLE COUNTY INTERGOVERNMENTAL AREEEMENT FOR THE TOWN OF VAIL TO ADMINISTER THE MODIFICATION OF THE LODGE AT VAIL LIQUOR PREMISE ON TO THE LAND IN THE AREA OF THE VISTA BARN. WHEREAS, as the result of the Land Ownership Adjustment Agreement the land adjacent to the Vista Bahn has been deannexed from the Town of Vail and is now Eagle County; and WHEREAS, from time to time the Lodge at Vail which is located in the Town of Vail will. apply to modify it's liquor permit premise on to land located in Eagle County; and WHEREAS, the Town of Vail and Eagle County desire to work in cooperation with respect to the local alcoholic beverage licensing and regulation of any modification of the license premise of the Lodge at Vail on to the land of Eagle County. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves and directs the Town Manager to execute the Town of Vail/Eagle County Intergovernmental Agreement granting to the Town of Vail the exclusive jurisdiction to issue, regulate and control a modification of the licensed premise at the Lodge at Vail pursuant to the Vail Town Code and the Colorado Liquor and Beer Codes, as attached hereto as Exhibit A. 2. This resolution shall take effect immediately upon its passage. INTORDUCED, READ, APPROVED AND ADOPTED this 16th day of May, 2000. Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk