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2000-08-15 Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL EVENING MEETING TUESDAY, August 15, 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.) Approval of the July 11 & 18, 2000 Town Council meeting minutes. Second Reading of Ordinance No. 17, Series 2000, an ordinance removing the requirement for Planning and Environmental Commission representation on the Design Review Board. Second Reading of Ordinance No. 19, Series 2000, an Ordinance submitting to the registered electors of the Town of Vail at the regular municipal election to be held on Tuesday, the 7m day of November, 2000, the question about whether the Town of Vail should be authorized to collect, keep and expend all revenues all received from its property tax levy in 2000 and each year thereafter as a property tax revenue change pursuant to article 10, section 20 of the Colorado constitution provided that nothing in this question authorizes the town to increase its rate of levy without prior voter approval; authorizing the town council to adopt annual budgets and amendments thereto to implement the approval of this referred measure; setting forth the ballot title; providing for notice of the election; providing for conduct of the election; providing further detailes in relation to the foregoing. 3. First Reading of Ordinance No. 20, Series of 2000 - Innsbruck Nina Timm Condominium Buy Down Unit. (30 mins.) BACKGROUND INFORMATION: The Town of Vail pursuant to its Buy- Down program purchased the unit located at 2783 Kinnickinnick No. 4, Vail, Colorado on July 19, 2000. The purchase price was $164,000. The Town has conducted a lottery and has identified potential purchasers to purchase the unit at a deed-restricted price of $145,000. This ordinance is being presented to meet the charter requirement of Section 4.8 which specifies that the sale of any real property is required to be approved by ordinance. RECOMMENDATION: Approve Ordinance authorizing the sale of unit no. 4, Innsbruck Condominium. 4. Discussion of Ordinance No. 21, Series of 2000, an Ordinance Bob McLaurin submitting to the registered electors to the Town of Vail at the Russell Forrest coordinated General Election to be held on Tuesday, the 7th day of November, 2000, the question on whether Section 2-6-9, Real Estate Transfer Fund, should be amended to include additional definitions for the purposes of Title 2, Chapter 6. (15 mins.) BACKGROUND RATIONAL: Council has had general discussions regarding the possibility of placing a question on the up coming Coordinated general election ballot in regard to the use of the Real Estate Transfer Tax Funds. Presented is an Ordinance placing a question on the November 7th ballot that would amend Section 2-6-9, Real Estate Transfer Tax Fund by adding defined terms to that code section for the purposes of Chapter 6 of Title 2. These definitions would not pertain to other sections of the Town of Vail Code including but not limited to the Zoning Code. Presently the only definition in Section 2-6-9 is the "Building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of person, animals, or property." RECOMMENDATION: None at this time. 5. To request Council's approval forthe Town Manager to execute an Bob McLaurin agreement with the White River Institute to assist with fund raising. Russell Forrest (30 mins.) ACTION REQUESTED OF COUNCIL: A motion is requested at the evening meeting if the Town Council would like to allocate resources for the White River Institute. BACKGROUND RATIONALE: The opportunity to create a unique facility lies with the integration of both recreational and cultural/educational amenities. The concept of the 2nd sheet of ice and family activity center is relatively well understood. The learning center concept has captured the imagination and interest of many in the community. However, we need to refine the concept and obtain additional community buy-in to the idea. Staff would propose working with the White River Institute to: 1) help refine the idea and to 2) assist in a fund raising effort for both the recreational and learning/meeting center uses. After refining the concept in the October/November time frame, staff would propose reengaging the design team to complete work on the site plan, floor plans, and architectural sketch plans. This would also include further refining the capital costs. 6. Decision to move forward with the construction of a temporary third Bob McLaurin sheet of ice at the location of the Ford Park softball fields. (30 minutes) 7. Decision regarding the Vail Valley Foundation request for up to Pam Brandmeyer $300,000 in either cash/in-kind services or cash alone to help fund the improvements to the Gerald R. Ford Amphitheater. (15 mins.) 8. Town Manager's Report. (5 mins.) Bob McLaurin 9. Adjournment (9:15 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, 8/22/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9/05/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 9/05 /00, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. e VAIL TOWN COUNCIL - MINUTES TUESDAY, July 11, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, July 11, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Chuck Ogilby Diana Donovan Kevin Foley Rod Slifer Greg Moffet COUNCIL MEMBERS ABSENT: Sybill Navas, Pro-Tem STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was citizen participation. Bill Hanlon, a village merchant, stated that a temporary vendor set up a retail space at the Children's Fountain during the July 4th weekend. This vendor was duplicating the products of merchants in the village thus competing with the local businesses. Kaye Ferry, of the Vail Valley Merchants Association, requested that the Council be selective about who they allow in the village as temporary vendors. Kaye also inquired as to when a discussion about the noise ordinance would be scheduled. Dan Barry, owner of EyePieces, said the town needs to examine how to attract more people to the community while at the same time not jeopardizing the local merchants. Bill Hanlon said the police did an outstanding job, interacting with younger crowd, during all four days of the July 4th weekend. The second item on the agenda was the consent agenda. Foley moved to approve the June 6`h and 20t' meeting minutes with the correct spelling of McCutcheon inserted into the June 6th minutes. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0. Foley moved to approve the second reading of Ordinance No. 12, Series 2000 - Designated Open Space. Slifer seconded. A vote was taken and the motion passed unanimously, 6-0. Moffet moved to approve second reading of Ordinance No. 14, Series 2000 - Supplemental Appropriation and Budget Adjustments. Foley seconded. A vote was taken and the motion passed unanimously, 6-0. 1 July 11, 2000 Town Council Meeting Minutes l The third item on the agenda was the public hearing regarding the Lionshead Community Facility Site. The purpose of this public hearing was to solicit public input on the various site plans that have been developed to date. The two major questions for the public and the Town Council were: What site plan achieves the project objectives and works the best for the project area? How comfortable are you with the private development which is intended to help pay for the public uses? Brian Sipes, from Zehren Associates, presented site plans of different alternatives for the proposed Hub Site development. Richard Green, a resident at Lionshead Lodge, said there doesn't seem to be any attempt to coordinate the redevelopment of Lionshead with the Vail Resorts Hub Site development. He said discussion about condemnation has negative effects. People are holding up renovations throughout Lionshead waiting to see what will occur on the Hub Site. Cory Flisher said that building a conference center with a kitchen would take business away from the local restaurants. Mr. Flisher said the busiest time of year is President's weekend and July 4th. During these times the occupancy rate it 86% full. These are not big conference weekends so more hotel rooms are not needed. Right now Simba Run and Vail Run need more business. Mr. Flisher did not think a skate park would bring more people to Vail. Mike D'Anci, stated that the alternative plans for the Hub site required relocating Lionshead Circle onto Tract E that has 50-ft. spruce trees. Also this would move the street much closer to their property. Mr. D'Anci stated that he did not see a skate park drawing in a lot of money and expressed concern about the height of the project. Martin Shore, a resident of Manor Vail, said this project would do away with the access road and the green space, causing problems for the Fire Department. He asked the public to think about how they would feel looking at a 80-ft. wall. Mr. Shore noted that the Town needs a temporary drop zone for parents dropping off and picking up their children while using this facility. He also stated that we need to do something with the site. John Horn Kates believes the Learning Center is an idea that people would contribute money to. Jose Aybar, Dean at Colorado Mountain College, told Council that they were considering moving CMC because they need more space. After hearing the Town of Vail was planning on developing a Learning Center and conference rooms, CMC decided to wait and see what developed, as they would like to stay and support Vail. Jose asked if Vail would market a Learning Center, conference space or a theater. A town in Ohio has done just this. The Opera Light Company has 400 seats and all performances are 100% sold out. 2 July 11, 2000 Town Council Meeting Minutes 0 Gretta Assaly said a theater would be a wonderful addition to the community. She encouraged the Council to move forward. Diane Johnson, a resident of Vail, told Council to move forward and get something done. Paul Rasmussen said the public library is a wonderful place, "improve it", "don't harm it". He said that we need to remain competitive. Terry Minger, a resident of Boulder, Colorado, and previous Vail Town Manager said that Vail looks tired and worn. He used Spain as an example of how they created a healthy economy by building an art museum. Mr. Minger said the Learning Center could be Town of Vail's museum. Carol Hymers thanked Council for the preservation of the open space, She reminded Council to work with the neighborhoods while developing the Hub Site, stating that the homeowners have a major investment in Vail. Barbara Jean encouraged Council to move forward. She suggested that private partnerships pay for the Hub Site. Ms. Jean encouraged Council to work in partnership with Vail Resorts in the redevelopment of Lionshead. "Leadership without action is merely a dream. Leaders need to lead." Dick Cleveland said we need to think of our community as part of the redevelopment. Stan Cope said to keep the plan simple. He said the "Learning Center" is a lousy name, and felt a "youth center" was needed in the community. Mr. Cope said the combination of a theater; conference center and Learning Center would work well together. Elaine Keller said vision, concept, being a good neighbor, and thinking of the needs of the community, are the components needed to make a good project. Ms. Keller said the business community needs to up-grade their presence, and be competitive. Phil Hoversten, 14-year residence in the Town of Vail, said the expansion of Dobson Ice Arena would add "vibrancy" to the Town of Vail. Bob Fritch, owner of Sitzmark Lodge, urged the Council to drop the idea of condemnation and building a hotel on the Hub Site. Mr. Fritch said there are a lot of good places in Vail, and encouraged the Council to be more positive about what the town has. Pam Stenmark stated that the Town needs to soften the impact of the off-season to create stability. She said a hotel would not finance the whole development, and that she would like to see Council go ahead with the Learning Center and a conference facility Ginny Culp, a resident of Vail, said she hoped that the Learning Center would not be 3 July 11, 2000 Town Council Meeting Minutes n marketed as conference center. She warned Council not to duplicate conference space that already exists in Vail, and that conference groups do not like to travel long distances from airports to the meeting facilities. Eagle County does not have airline service during the off season. She also mentioned that the Town of Vail would loose approximately 600 parking spaces with this new development. Buck Elliott, said the Learning Center is a great and bold idea. He reminded the developers to think about the core values and the community involved. Michael Wasmer said to move forward with the Learning Center. Act on Vail Tomorrow. John Garth with the VVTCB, said Town of Vail cannot accommodate some groups because there is not a large enough facility. He said it is likely that the Inc. 500 group would not return to Vail because it took too much planning on their part to coordinate the conference under different roofs. Kirk Hanson, 12-year resident of Vail, said keep the dream alive; the Town of Vail needs this kind of development. Rob Levine, General Manger of Antlers in Lionshead, said "kudos" to Council for going this far, hang in there. Sherry Stern, an East Vail resident, said hotels are not needed; what people need is a delivery system and more technolgy. Ludwig Kurz said that condemnation is an issue that Council will not deal with. He also expressed that the Council is working with neighborhoods in regard to this development. Kurz said it was premature thinking that a 90-ft. wall is going to be built when there have only been site plans drawn. Donovan said she appreciated all the comments and the new faces at the evening meeting. The fourth item on the agenda was the discussion of a temporary/portable ice rink. Glenn Davis, president of the Vail Junior Hockey Association, said while Dobson is a great facility it is being over utilized. In order to serve the needs of the ice users in this area it would "behoove" the Town of Vail to put in a 2nd sheet of ice to allow the different ice programs in the county to grow. The cost of the bubble has increased because of wind and snow loads. Greg Moffet asked Mr. Davis if he had considered purchasing a used bubble. Mr. Davis said at one point he did have a lead on a used portable ice rink, but when he called it was sold. Greg Moffet asked if there was a market for used portable ice rinks. Mr. Davis said he did not know. Greg Moffet moved to give permission to Rick Pylman to take the proposal through the required process. Foley seconded. 4 July 11, 2000 Town Council Meeting Minutes 0 n Greg Moffet amended his motion. Foley seconded the amended motion. Kurz asked what monies were going to be used to finance the 2nd sheet of ice. Rod suggested the possibility of someone from the private sector assisting with the financing of the ice rink. Donovan said private financing would not be a good idea if the Town of Vail wanted to keep control over the ice rink. Bob McLaurin said if the Town Council supported this proposal he would make it happen. Greg Moffet moved to designate McLaurin and staff further explore purchasing a tent and negotiating with VRD concerning hours of operation and hours designated for each use including free public skating, identifying a contingency plan, and defining the rules of VRD and TOV. Foley seconded. A vote was taken and the motion passed unanimously, 6-0. Kurz asked if there was anything being done to maintain and upgrade Dobson Arena. Jim Heber, Director of Dobson Ice Arena, said $60,000 was spent last year on repairs. Greg Moffet asked how much would it cost to repair Dobson. Mr. Heber said $800,000. To remodel with additions, it would be around $2.5 million. Greg Moffet moved to preliminarily authorize the expenditure of money subject to a supplemental appropriation and subject to the discussion with Town staff as to where in the Capital Improvements Fund the funding of the ice rink would come. Rod Slifer seconded. A vote was taken and the motion passed unanimously, 6-0 The fifth item on the agenda was the appointment of the Vail Local Marketing District Advisory Board. Rod Slifer moved to appoint Bob Llewellyn to the Vail Local Marketing District Advisory Board. Donovan seconded. A vote was taken and the motion passed unanimously, 5-1, with Foley opposing. The sixth item on the agenda was the Approval of Settlement to Resolve Outstanding Bill for Improvements at Red Sandstone. Upon completion of the Red Sandstone Creek project there was an outstanding bill to be paid in the amount of $225,000 plus interest for the placement of the water main. This bill was incurred due to the improper placement of the water main at the beginning of construction. The shallow placement was discovered immediately before paving was to begin. After two days of mediation, all parties have reached an agreement to resolve all issues with a reduction in the amount to be paid and a sharing of those costs. The Town of Vail's share will be $8,000 in cash and a loan of $5,000 to fund the settlement for the Stevens Group. This loan will be for a 5-year term with 6% interest, a personal note signed by Tom Stevens and security through a second deed of trust on a project underway in Carbondale. Foley moved to approve the settlement to resolve outstanding bill for improvements at Red Sandstone. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was the Town Manager's Report. Bob McLaurin said that the phone system upgrade has been pushed back due to scheduling changes. 5 July 11, 2000 Town Council Meeting Minutes 0 Foley moved to adjourn, Moffet seconded. A vote was taken and the meeting adjourned at 9:55 P.M. Respectfully submitted, Ludwig Kurz Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter 6 July 11, 2000 Town Council Meeting Minutes i V VAIL TOWN COUNCIL - MINUTES TUESDAY, July 18, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, July 18, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Sybill Navas, Pro Tern Chuck Ogilby Diana Donovan Kevin Foley Rod Slifer Greg Moffet STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen participation. Carol Hymers, representing the Glen Lyon Neighborhood Association, appeared before the Council to request the Town's consideration of using the middle bench at Donovan Park for a playground. Currently, the Town is contemplating use of the lower bench for playground in addition to other recreational components as part of the town's community facilities plan. The second item on the agenda was the Consent Agenda. Moffet moved to approve the first reading of Ordinance No. 15, Series of 2000; an Ordinance 12-10, Vail Town Code; with specific regard to Vail's commercial core area parking maps. Navas seconded. A vote was taken and the motion passed unanimously, 6-1 with Donovan opposing. The third item on the agenda was the first reading of Ordinance No. 16, Series 2000 - Amendment of the Cable Franchise Agreement. The Town of Vail entered into a Cable Television Franchise Agreement with TCI on January 5, 1995. That Agreement provided that TCI rebuild the existing cable system within thirty-six months of the effective date on the Agreement. The rebuild, pursuant to the Franchise Agreement, required utilization of a "fiber optics to the service area" design in which optical fiber delivers signals from the central hub to nodes serving approximately 500 to 1,000 residences. The nodes interface the optical fiber with coaxial cables which distribute signals to cable subscribers and also serves as input-output points for connection to public buildings and businesses. Due to new technology in the area of digital compression the system has been capable of being built in a manner that the subscriber receives the same benefit of expanded services and quality of service without utilizing the amount of fiber optics contemplated in the Agreement. The system build-out has continued through lengthy review of the Franchise Agreement and the Town of Vail's cable television system. The Town has utilized the services of Enhanced Video, Voice and Data Systems Inc. as a consultant to assure that the Town of Vail is receiving the full benefit of the quality of services negotiated in the original Franchise Agreement. The attached Amendment, 1 July 18, 2000 Town Council Evening Meeting Minutes extensive negotiations, and a close working relationship with the cable operator has resulted in a system capable of performing and offering advantages to subscribers that were not originally contemplated. Moffet moved to approve the first reading of Ordinance No. 16, Series of 2000, a Cable Franchise Agreement. Foley seconded. A vote was taken and the motion passed unanimously,. 7-0. The fourth item on the agenda was the first reading of Ordinance No. 17, Series of 2000, an ordinance removing the requirement for Planning and Environmental Commission presentation on the Design Review Board. Chapter 4, Design Review Board, of the Municipal Code, states that "The design review board shall be composed of five (5) members. Four (4) members shall be residents of the Town, appointed by the Town Council, and the fifth member shall be a member of the Planning and Environmental Commission of the Town." The PEC, upon motion (7-0), has recommended that the Town Council consider making changes to the code removing the requirement for PEC representation on the DRB. The reason given for the motion was that the amount of time necessary to attend both the PEC meetings and the DRB meetings was excessive and difficult for working professionals to attend and was redundant given the role of the staff. Staff believes it is beneficial for Town Boards to have overlapping memberships, so that each Board understands the interrelationship of the Boards and Commissions. Staff believes that such a system would be beneficial also for the Town Council to have voting members present at the PEC and DRB meetings for this reason. However, staff understands the impacts of having volunteers in our community committing significant blocks of time to board meetings. The sizeable time commitments necessary for these Boards negatively impacts the Town's ability to fill empty positions with qualified residents. Moffet moved to table Ordinance No. 17, Series 2000, until Council had a 'chance to talk with the Design Review Board. Foley seconded. A vote was taken and the motion passed unanimously, 7-0 The fifth item on the agenda was the first reading of Ordinance No. 18, Series 2000 - Vail Heights Buy Down Unit. The Town of Vail pursuant to its Buy-Down program purchased the unit located at 2059 Chamonix Lane Unit No. 6, Vail, Colorado on June 2, 2000. The purchase price was $129,000. The Town has conducted a lottery and has identified potential purchasers to purchase the unit at a deed-restricted price of $115,000. There has been a possibility of a special assessment occurring prior to the resale of the unit. Though we believed that the assessment would occur in July it has not happened yet. The purchasers are prepared to close on the unit immediately upon the two readings of the ordinance. This ordinance is being presented to meet the charter requirement of Section 4.8 which specifies that the sale of any real property is required to be approved by ordinance. Moffet moved to approve the first reading of Ordinance No. 18, Series 2000. Navas seconded. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was the Rotary International Children's Opportunity Grant - Pediatric Health Care Proclamation. The proclamation recognizes a variety of organizations that are working to sponsor four local child health screenings to improve the availability of health care to as many as 400 local children who have no health insurance. The Rotary Foundation's Children's Opportunities Humanitarian Grant is providing funding for the program. Slifer moved to approve Proclamation No. 4, Series 20000. Navas seconded. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was the Hub Site. Russell Forrest said Council had a productive discussion at the Work Session regarding the Hub Site and Donovan Park Project. After 2 July 18, 2000 Town Council Evening Meeting Minutes D considering various alternatives Town Council asked that alternative 3 be taken off the table. The eighth item on the agenda was the TOV Community Survey Results. The Town of Vail conducted its traditional community survey during the first two weeks in April this year. A new feature of the survey was the addition of multiple formats: on the Internet, by mail and by phone. The results were tabulated by RRC Associates, a Boulder-based planning and market research firm. This marks the 13th consecutive year in which the town has used a citizen survey to track its performance in a variety of areas and to identify community priorities and concerns. Cares said the "take away" message from this year's survey is a high level of support given by respondents for improvement of Vail's economic viability in its commercial areas. The ninth item on the agenda was Vail Community Chamber Web-site Presentation. Joe Staufer, president of the Vail Community Chamber, introduced the Council to the organization's new Web site at www. vailchamber . ora. A key feature of the site is a listing of all accommodations in Vail as well as direct links to the individual properties. Consumers will have the added convenience of making their own reservations. The site features information in three languages: English, German and Spanish. The Vail Town Council has provided $20,000 in seed money to the organization, which was launched for the purpose of a 'Vail-only" focus. Mr. Staufer said that the web site has had 54,000 hits from March 1St through June 30th. Navas asked if a rating system would be included with the listing of the lodges on the web site. Mr. Staufer said he hoped that it would be included soon. The tenth item on the agenda was the Town Manager's Report. Foley moved to adjourn. Moffet seconded. A vote was taken and the motion passed unanimously, 7-0, and the meeting adjourned at 8:30 P.M. Respectfully submitted, Ludwig Kurz Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter 3 July 18, 2000 Town Council Evening Meeting Minutes ORDINANCE NO. 17 Series of 2000 AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTION 3-4-1 OF THE MUNICIPAL CODE, TO REMOVE PLANNING AND ENVRIONMENTAL COMMISSION REPRESENTATION ON THE DESIGN REVIEW BOARD. WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended that the Planning and Environmental Commission representation on the Design Review Board be removed; and WHEREAS, the Town Council considers the amount of time necessary for a Planning and Environmental Commissioner to attend both the Planning and Environmental Commission meetings and the Design Review Board meetings as excessive and difficult for working professionals to attend. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3, Chapter 4, Section 3-4-1 of the Municipal Code, is hereby amended to read as follows: There is established a Design Review Board (DRB) of the Town. The Design Review Board shall be composed of five (5) members. Each member shall be a resident of the Town, and appointed by the Town Council. Section 2. The effective date of this ordinance shall be October 1, 2000. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of August, 2000, and a public hearing for second reading of this Ordinance set for the 15`h day of August, 2000, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. \\VA 1 L\DATA\cdev\OR D\00\OR D1 Tdoc 1 Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of August, 2000. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk 1\VAIL\DATA\cdev\0RD\00\0RD17.doc 2 ORDINANCE No. 1 9 Series of 2000 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF !TAIL AT THE COORDINATED GENERAL ELECTION TO BE HELD ON TUESDAY, THE 7th DAY OF NOVEMBER, 2000, THE QUESTION OF WHETHER THE TOWN OF VAIL SHOULD BE AUTHORIZED TO COLLECT, KEEP AND EXPEND ALL REVENUES IT RECEIVES FROM ITS PROPERTY TAX LEVY IN 2000 AND EACH YEAR THEREAFTER AS A PROPERTY TAX REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION PROVIDED THAT NOTHING . IN THIS QUESTION AUTHORIZES THE TOWN TO INCREASE ITS RATE OF LEVY WITHOUT PRIOR VOTER APPROVAL, AUTHORIZING THE TOWN COUNCIL TO ADOPT ANNUAL BUDGETS AND ADMENDMENTS THERETO TO IMPLEMENT THE APPROVAL OF THIS REFERRED MEASURE; SETTING FORTH THE BALLOT TITLE; PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING FOR CONDUCT OF THE ELECTION; PROVIDING FURTHER DETAILS IN RELATION TO THE FOREGOING. WHEREAS, Article X, Section 20 of the Colorado Constitution, authorizes the Town of Vail to refer the question herein submitted to a vote of the registered electors of the Town of Vail as a "revenue change"; and WHEREAS, Article X, Section 20 of the Colorado Constitution, requires that the Town of Vail will continue to be subject to receiving voter approval from Town of Vail registered voters to add new taxes and tax rate increases or to increase Town of Vail debt which requirements are not affected by this question; and WHEREAS, Article X, Section 20 of the Colorado Constitution, requires that real estate transfer tax cannot be created or raised and that election requirements must be met, which restrictions and requirements are not affected by this question; and WHEREAS, on November 7, 2000, the Town of Vail will provide a ballot question in conjunction with the Eagle County Coordinated General Election; and WHEREAS, the Town of Vail is of the opinion that it is in the best interest of the citizens of the Town of Vail that the full revenues it receives from its property tax levy during 2000 and each subsequent year pursuant to its existing tax code without any increase in said tax rates should be collected by the Town not withstanding the limitations of Article X, Section 20 of the Colorado Constitution and spent for debt service, municipal operations, and capital projects; and i WHEREAS, the Town Council is of the opinion that such question should properly be decided by the registered electors of the Town of Vail, NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: SECTION 1. At the Eagle County coordinated general election to be held in the various precincts and at the polling places of the Town of Vail on Tuesday, the 7th day of November, 2000 between the hours of 7:00 A.M. and 7:00 P.M., there shall be submitted to the vote of the registered electors of the Town of Vail the question herein authorized. SECTION 2. At the said election, the official ballot, including absentee ballots, shall state the substance of the question to be voted upon and so stated shall constitute the ballot title, designation and submission clause, and each registered elector voting at the election shall indicate his or her choice on the question submitted, which shall be in the following form: QUESTION NO. 1 SHALL THE TOWN OF VAIL BE AUTHORIZED TO COLLECT, KEEP AND EXPEND ALL REVENUES IT RECEIVES FROM ITS PROPERTY TAX LEVY IN 2000 AND EACH YEAR THEREAFTER AS A PROPERTY TAX REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION PROVIDED THAT NOTHING IN THIS QUESTION AUTHORIZES THE TOWN TO INCREASE ITS RATE OF LEVY WITHOUT PRIOR VOTER APPROVAL? FOR THE MEASURE AGAINST THE MEASURE SECTION 3. If a majority of all the votes cast at the election shall be for the measure, the measure shall be deemed passed, and the Town of Vail shall be authorized to collect and expend the full revenues in accordance with the approved measure and to budget and appropriate such revenues and expenditures apart from any other expenditure of the Town which may be limited pursuant to Article X, Section 20 of the Colorado Constitution and notwithstanding the passage of any other State of Colorado initiative limiting such collection or expenditure, and the revenues authorized for expenditure by the passage of this measure shall not be counted in any such expenditure limitation. 2 o SECTION 4. The election shall be conducted under the provisions of the Charter and ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado Municipal Election Code as set forth in Title 31, Article 10 of the Colorado Revised Statues (C.R.S.) and Title 1 (Colorado Election Code) of the Colorado Revised Statues (C.R.S.). SECTION 5. The Eagle County Clerk and Recorder shall give public notice of the election on the question hereby submitted (a) by causing the notice to be published in The Eagle Valley Enterprises (and the Town Clerk of the Town of Vail will publish the notice in The Vail Trail) as provided by law, (b) by mailing to "all registered voters" at each address of record within the Town of Vail at which a voter is registered no later than twenty five (25) days before the election a notice entitled "Notice of Election on a Referred Measure". This notice shall include only: (1) the election date and hours for voting, (2) the ballot title, (3) the text of the measure to be voted upon, (4) the office address and telephone number of the Eagle County Clerk and Recorder, and (5) two (2) summaries, not more than five hundred (500) words each, one (1) for and one (1) against the measure, of written comments filed with the Vail Town Clerk no later than forty- five (45) days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the measure to be voted upon. The Vail Town Clerk shall maintain on file and accurately summarize all relevant written comments. SECTION 6. The officers of the Town of Vail are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION 7. The Town Council finds and declares that this ordinance is a matter of local concern pursuant to Article XX, Section 6 of the Constitution of the State of Colorado. SECTION 8. 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 3 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 9. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. SECTION 10. The repeal or the repeal and enactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or. any ordinance previously repealed or superseded unless expressly stated herein. SECTION 11. 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 1st day of August, 2000, and a public hearing shall be held on this Ordinance on the 15th day of August, 2000, at 7:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 15th day of August, 2000. 4 Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk s ORDINANCE NO. 20 SERIES OF 2000 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO UNIT #4, INNSBRUCK CONDOMINIUMS ALSO KNOWN AS 2753 KIINNICKIINNICK ROAD #4, VAIL, COLORADO 81657. WHEREAS, the Town of Vail, pursuant to its buy-down program, purchased the unit located at 2783 Kinnickinnick Road #4, Vail, Colorado on July 19, 2000; and WHEREAS, the reason for purchasing the unit was to place deed restrictions upon the property and to resell it to a qualified purchaser. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of the unit, with appropriate deed restrictions to ensure affordable housing for an employee in the Town.. 2. This unit will be sold as intended by September 15, 2000 to a qualified purchaser who currently owns no other real estate in Eagle County, shall occupy the property as his principle residence, has worked, for a period of at least one year, and is presently working in Eagle County, Colorado, a minimum of thirty (30) hours per week and will continue to so work a minimum of thirty (30) hours per week. At the time of conveyance from the Town of Vail to the qualified purchaser, the property will become subject to a deed restriction placing a cap upon appreciation and limiting future sales to other qualified purchasers. 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 extend 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 15th day of August, 2000, and a public hearing shall be held on this Ordinance on the 5th day of September, 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 1 st day of August, 2000. Sybill Navas, Mayor Pro-Tern ATTEST: Lorelei Donaldson, Town Clerk C: \orinance99.18 a CELL PHONE LIST NAME CELL NO. Annie Fox 390-2195 Bob McLaurin 331-8499 Corey Schmidt 331-7494 Greg Hall 390-4676 John Gulick 376-3430 Pam Brandmeyer 471-3573 Ron Braden 331-7776 904-5798 Russell Forrest 471-4775 Suzanne Silverthorn 471-1361 Tom Moorhead 471-5669 New Phone System Coot on Firdav 8/11/00 We are a go for installing the new phone system for all departments at the Town of Vail this weekend. We will be starting on Friday at 6 P.M., and hope to be finished by Sunday night. You will not have access to voice mail until sometime late on Monday. We have a lot to do, so if you do not have a dial tone at your desk come Monday, do not be alarmed. There will be major service outages over the weekend, so if you rely on a phone, you should make alternate arrangements. Our first priority is going to be the Police/Dispatch administrative lines ...911 lines will not be effected. Everyone (aside from the dispatch consoles) will be getting a new headset. We will be providing training on the new system sometime next week. If you have any questions, please ask. Thanks, Ron ee e4 TOWN OF VAIL - 1IN41 Office of the Town Manager 75 South Frontage Road ; Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM TO: VAIL TOWN COUNCIL~ FROM: PAM BRANDMEYEK DATE: 09AUG00 RE: VAIL VALLEY FOUNDATION REQUEST FOR FUNDING/IN-KIND SERVICES The Council has received two proposals from the Vail Valley Foundation (VVF), both equaling a $300,000 contribution toward the renovation of the Gerald R. Ford Amphitheater. One is a combined contribution of in-kind services and cash donation, while the second is a total cash contribution of $300,000. It is important to understand that current departmental budgets do not allow absorption of the in-kind services requested, and those would be paid through a Council approved supplemental appropriation from the Real Estate Transfer Tax (RETT) fund. Those include: 1)* Snow Removal/Cinders/Spring Clean Up 24,750 2) Snow Dump Access 7,800 3) Asphalt Overlay 33,150 4)* Tree Transplanting 20,000 5) Centralized Trash Enclosure 5,000 6)* Parking Entrances 22,500 $113,200 Issues associated w/these line items: 1)* This route is neither of primary or secondary importance, as juxtapositioned w/commercial and residential roadways in the TOV, as well as the Frontage Roads we'll be taking over from CDOT. The construction crews will need access by 7:00 A.M. daily, which could be in conflict w/our regular routes. Additionally, if our snowfall is peak this year, this estimate could be low. We are currently attempting to reduce positions in Public Works, rather than add to our staffing. 4)* The town, in turn, would have to hire a contractor to remove and plant the trees. 6)* Between "wayfinding" identifier signs ($8,000) and RETT already allocated toward masonry/construction/design costs ($25,000), funding should be 11, RECYCLEDPAPER sufficient, although our current Ford Park Entrance Program calls for 5 identifier signs, rather than the three proposed by the Foundation. Therefore, at $7,500/entrance X 5 entrances, we could be $5,000 short overall. THIS SHOULD BE CONSIDERED AS A FULFILLENT OF THE FOUNDATION'S REQUEST, BUT NOT INCLUDED IN THE SUPPLEMENTAL. Other items requested include: GUEST INTERACTIVE KIOSK $ 25,000 This is not currently budgeted and there were questions from Council as to the merit of this item. DANCE FLOOR $19,000 The town no longer has a carpentry shop, per se. Therefore, we are unable to construct it. If Council wishes to fund, this should come from the general fund. PARKING $25,000 This is complex. Parking year around at Ford Park is free. So it has no value? The Buddy Pass situation will undoubtedly exacerbate the parking use of Ford Park, as will the third sheet of ice, if constructed. Parking for the Amphitheater construction is estimated between 50-100 cars daily. Add to this an additional 80 spaces during the winter season which are devoted to valet parking. Additionally, 12 parking spaces are "signed" for VRD staff exclusive use. Currently, 250 cars park in the lot. EXAMPLES: If Council does not want the construction parking in this lot from December through March, to provide alternatives, the approximate costs could be: a) Debit Cards (to be used in the LionsHead structure only, w/vans providing back-and-forth transportation to and from work each day) 120 days X $5/day X 75 workers = $45,000 b) Blue Passes (restrict to LionsHead w/vans providing daily service) $525/pass X 75 workers = $39,375 c) If parking remains on a first come, first served basis, the construction workers arriving at 7:00 A.M. will most likely claim spaces for themselves, thus reducing the available spaces for general use public parking. d) The Foundation uses the $25,000 requested to fund a "transportation" solution, of their choosing. e) Currently, it appears the Nature Center Bridge will be closed for the entire winter season, thus making use of any Soccer Field Parking untenable. STAGING AND LAY DOWN: Permission has already been granted for the space to the east of the schoolhouse. The current "staging area" for the Amphitheater shows adequate space even within that staging area to weld and prepare the larger pieces for construction. IT WOULD BE STAFF'S RECOMMENDATION TO DEFER USE OF THE WEST SIDE OF THE SCHOOL HOUSE UNTIL SUCH TIME OF CRITICAL NEED. However, the cost to repair and replace sod, re-grading, repair of street lights and wiring, could be included in the overall bonding for the project, if Council desires. EXCESS DIRT DUMP SITE $20,000 Construction on the east side of the parking area toward the stream is not recommended in the Ford Park Management Plan. Minimal disturbance is recommended so this method of shoring up the hillside would be inappropriate. It is recommended the Foundation call Paul D'Julio at CDOT to inquire whether CDOT might be interested in using this fill (328-6385). The town does not have any current sites needing fill. STAFF RECOMMENDATION: As outlined, some of the requests can be paid from a supplemental appropriation from RETT. They will require up-staffing, rather than reduction in force, and could prove more costly than the estimates. Other items offered as a benefit, from a Town of Vail perspective, do not project that way. IT IS THE STAFF'S RECOMMENDATION THAT COUNCIL FUND STRAIGHTAWAY IN A CASH CONTRIBUTION THE TOTAL $300,000 (MINUS THE PARK ENTRANCES ESTIMATED AT $22,500), FOR A TOTAL OF $277,500. 1 TOWN OF VAIL & WHITE RIVER INSTITUTE COMMUNITY FACILITIES AGREEMENT THIS AGREEMENT is entered into on August 2000,-by and between the Town of Vail, a Colorado municipal corporation ("the Town") and the White River Institute, a Colorado non-profit corporation ("the Institute"). WITNESSETH The Town envisions creating an extraordinary network of facilities that will be a bold attraction for residents and guests that will solidify Vail's standing as a world-class community and resort. As a result of a Town and Vail Recreation District public process initiated in February of 1999, a variety of facilities were identified as amenities appropriate for the Town. The Town Council and the Vail Recreation District Board have decided to move forward and explore the creation of the following opportunities: learning/meeting/performing arts Center, 2nd Sheet of Ice, and a family activity center. These facilities will provide a wide range of recreational, educational and cultural opportunities. To make this project a reality it is necessary to develop public-private partnerships to support and fund it., The purpose of this agreement is to establish a relationship with the Institute to further refine these concepts, create a plan to integrate the uses, and develop the fund raising program for the public uses identified in this agreement. The White River Institute is an Eagle County based non-profit organization whose mission is to design, support and implement learning opportunities, personal development, and community building activities, programs and events. John Horan-Kates, a long time county resident, serves as President of the Institute. He has a track record of success in mobilizing support of community resources for significant projects. The Board of Trustees consists of a wide range of locally and nationally recognized professionals who commit their experience, time, finances and efforts in support of the valley wide community. NOW, THEREFORE, the parties mutually agree as follows: 1. SITE DESCRIPTIONS The sites are located within the Town and are specifically identified as: a. The charter bus lot; b. Dobson Arena (interior improvements) C. Library (potential to consider a second floor) d. South side of Lionshead parking structure e. Lionshead parking structure F:AEveryoneVefflComfacAContract j t 2. PROJECT OBJECTIVES The following objectives shall be achieved in developing the overall community facilities program: 1) The facilities programming will build upon the community facility ideas and utiiizE) lands that have been identified through the Vail Tomorrow, Common Ground, Lionshead Master Plan, and other community processes. 2) The facilities programming will complement both recreational (e.g., skiing and- mountain sports) and cultural (e.g., art, performing arts) amenities that exist in the Vail Valley so as to create a world class network of community facilities in the Valley that enhance our community and resort economy. 3) The facilities shall be outstanding in their design and programming. Residents and guests alike will be drawn to Vail because of their quality and uniqueness. 4) The facilities will be designed to serve both Vail Valley residents and guests. 5) Public-private partnerships will be pursued to support and finance the development of the facilities. 3. SCHEDULE AND SCOPE OF SERVICES Task 1/Concept Refinement: This task involves refining the concept of the various uses and how they will interface. Specific actions include: 1.A. Develop messages: Based on the ideas and public input that has been, and will be, generated, develop a series of talking points and key messages that can be communicated to individuals and focus groups. This should also include developing a list of frequently asked questions. 1.B. Identify stakeholders & potential donors: Identify critical individuals and groups that should be involved in the refinement of the concept and may also be potential donors for the community facilities. This action shall involve developing a database of names and contacts. 1.C. Communications Plan: Develop and implement a communications plan for the community and the individuals identified in 1.13. 1.D. Focus Groups: Organize small group meetings with stakeholders, community members, and potential donors to communicate the concept, work-to-date, and to solicit their involvement in refining the concept. This would also involve identifying and soliciting the input of potential donors for the facilities. Stakeholder participants shall represent a broad spectrum of the community. 1.E. Field Trips: Plan and conduct trips to other comparable facilities (e.g., Aspen Institute, Cerritos, Banff Center, Richie Center). F:\Everyone\Jeff\Comfac\Contract 2 1.F. Concept Paper: Develop a concept paper for the Vail Town Council's consideration that discusses how an educational function would work with the meeting center and the other recreational and cultural uses. This paper should help illustrate an overall vision for the facilities, description of how all the uses will work together, and suggest a name for this civic center. Task completed within: Within 90 days of signing this agreement. Task 2 Develop a separate non-profit organization: This task involves developing the 501(c)(3) structure and then successfully filling the officer and director positions in this new organization. 2.A. Develop the 501 © (3) structure and engage the necessary resources (legal and financial) to facilitate this step, including filing an application for exempt status with the IRS. 2.B. Identify individuals to serve on this Board which will include participation by the Vail Town Council. 2.C. Initiate 501 © (3) board meetings. 2.D. Continue to add to the involvement of the 501© (3) Task completed within: 60 days from the award of a contract Task 3 Generate Community Support and a Fund Raising Program: 3.A. Develop the fund raising structure and the various giving levels. This action should be completed by February 28, 2001. 3.B. Identify and develop campaign leadership for the project. A successful program must include public support that precedes financial commitment. Successful completion of this task shall involve obtaining the financial support of 1-2 founding donors. 3.C. Begin securing financial pledges and commitments once the Town Council has firmly decided to proceed with the project. If the Town Council approves a second year contract, the second year goals will be identified to raise funds in private and corporate giving contingent upon public funding approval. The payment schedule would be negotiated as part of a new contract. F:Tveryon e\Jeff\C omfac\C on tract 3 Task 4 Operational Plan: Assist the Town in developing an operational plan for the facility. This would include helping the Town in developing the financial and operational plan for the facilities assuming they are created. A draft shall be completed by the end of February 2001, and a final plan shall be completed by the end of March 2001. This task will involve significant input and direction from the Town of Vail. Task 5: Council & Staff Updates: Review progress on this scope of service and next steps with the Vail Town Council on a bi-weekly basis. This update can be in the form a verbal presentation or a written overview of progress and planned next steps. More frequent biweekly updates with the Town Manager and the Director of Community Development is also required to effectively coordinate activities. 4. PERSONNEL The Institute agrees that the principal person responsible for the performance of this project will be John Horan-Kates. The Institute agrees that no substitute of this key person shall be made without the prior approval of the Town. John Horan-Kates will call upon other members of the Institute to bring their individual expertise and support to the program. The Institute represents that its personnel engaged in this project are fully qualified and properly trained to perform the services related to this Agreement. None of the services provided for in this Agreement including personnel shall be modified without the prior written approval of the Town. 5. TIME OF PERFORMANCE The services set forth above shall commence on the date of this agreement and run for 1 year from that date. All tasks shall be completed to the Town's satisfaction within 1 year of the date of this agreement. 6. GRANT The Town is making an unrestricted grant to the Institute for the purposes of its general growth and development recognizing its potential as a community-based educational organization. The total grant in connection with of this scope of service shall not exceed $100,000. Grant funds shall be released on the following schedule: Payment 1: Release of $50,000 upon on the initiation and full pursuit of Tasks 1-A through 2-D. F:\EveryoneVefflComfac\C on tract 4 Payment 2: Release of $25,000 upon the initiation and full pursuit of Tasks 3-A through 3-C. Payment 3: Release of $25,000 upon the initiation and full pursuit of Task 4. The Town of Vail will pay for reasonable expenses as approved by the Vail Town Manager in his/her reasonable discretion. The total cost for reimbursable expenses shall not exceed $28,740 including in-kind services that reduce reimbursable costs. No funding from the Town of Vail shall be used for a political campaign and shall not be used to support any 501 ©(4) that is developed for the community facilities project. The Town recognizes that the Institute may interface with a 501 c (4) formed by other parties to support this project. The Town will pay the Institute within thirty (30) days of an invoice submittal if the Institute has successfully initiated and shown significant progress in implementing the tasks as outlined in Section 3 of this agreement. 7. DOCUMENTS All documents produced by the Institute to fulfill the terms of this Agreement shall become the property of the Town and it is agreed that the Institute shall not retain any proprietary rights of said documents. 8. INDEPENDENT CONTRACTOR The Institute is an Independent Contractor, and nothing contained in this Agreement shall constitute or designate the Institute or any of the Institute's employees as agents or employees of the Town. Further, it is agreed that: A. The Town does not require the Institute to work exclusively for them; B. The Town for whom the services are to be performed, does not establish a quality standard for the Institute; C. The Town may supply personnel, documents and plans, identify sites, suggest uses, and provide instructions as to the Institute's work, but will not instruct the Institute as to how the work will be performed; D. The Town can terminate the Agreement if the Institute violates the terms of the Agreement or fails to produce a result that meets the specifications of the Agreement; E. The Town does not provide training for the Institute's employees or workers; F. The Town does not dictate the time of performance except that a completion schedule has been established, as referenced above, with which the Institute must comply; F:Tveryone\Jeff\Comfac\Contract 5 G. Payment for services rendered pursuant to this Agreement will be made to the trade or business name of the provider of services, rather than to the individual; and H The Town does not in any way combine their business operations with those of the Institute. THE INSTITUTE AS AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER'S COMPENSATION BENEFITS AND THE CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED. 9. INSURANCE The Institute shall obtain and maintain in force for the term of this Agreement the following insurance: A. Comprehensive general liability (including personal injury) in an amount not less than five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars ($1,000,000.00) per occurrence. B. Ensure any subcontractor also has a general liability provision (including personal injury) in an amount not less than five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars ($1,000,000.00) per occurrence. 10. NO WAIVER No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision of this Agreement, no such waiver shall constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default of the terms of this Agreement be deemed a waiver of any subsequent default. 11. INDEMNIFICATION The Institute agrees to indemnify and save the Town, its officers, directors and employees harmless from and against losses, claims, demands, liability, damages, actions or causes of action of every kind and nature, including court costs reasonable attorney's fees, defending such claim, which may be brought or asserted against the Town, its agents or employees to the extent caused by the negligent acts, errors, or omissions of the Institute in the performance of this Agreement. 12. TERMINATION The performance of the work provided for in this Agreement may be terminated at any time in whole or, from time to time, in part by the Town for its convenience. Any such termination shall be effected by delivery to-the Institute of a written notice specifying the date upon which termination becomes effective. This Agreement may also be terminated FAEveryone\JefflComfac\Contract 6 e by the Institute in the event of a material default of any of the terms and of this Agreement by the Town, provided the Institute has first provided the Town with written notice of the default and the Town shall have failed to cure the specified default within one (1) day of receipt of the notice. The Institute may also, in sole discretion, terminate this agreement if the "learning center" components of the project become insignificant. In the event of termination, the Institute shall be paid on a pro-rata basis for work satisfactorily completed prior to the date of termination and for approved expenses prior to the date of termination. 13. JURISDICTION. VENUE. ATTORNEY FEES The jurisdiction and venue of any suit or cause of action to enforce the terms of Agreement shall lie in Eagle County, Colorado. Should either party to this agreement bring suit to enforce this agreement, it is agreed that the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney fees. A prevailing party is a party that shall have obtained a final judgement or order no longer subject to appeal. In the event of a settlement before final adjudication, both parties shall bear their own respective costs, expenses and attorney fees unless otherwise agreed. 14. NOTICE Any notice provided for in this Agreement shall be deemed given if received by the parties at the following addresses: Town of Vail ATTN: Russell Forrest 75 S. Frontage Rd. Vail, Colorado 81657 ph (970) 479-2146 Email: russell@vail.net Institute White River Institute ATTN: John Horan-Kates PO Box 6447 Avon, Co 81620 15. ASSIGNMENT This Agreement is for expert services of the Institute that may not be assigned without the prior written consent of all parties to this Agreement. 16. COMPLIANCE WITH LAW The Institute will not perform any of the services provided specified in this Agreement contrary to any local, state, federal, or county law. FAEveryon e\Jeff\C omfac\C on tract 7 17. SEVERABILITY Should any section of this Agreement be found to be invalid, all other sections shall remain in full force and effect as though severable from the part invalidated. 18. DISCRIMINATION The Institute shall not discriminate against any employer or applicant for employment because of disability, race, color, age, sex, religion, or national origin. 19. INTENTION OF THE PARTIES This Agreement contains the entire intention of the parties and may only be changed by a written document signed by the parties. 20. EXECUTION The parties have executed this Agreement on .1999. TOWN OF VAIL, a Colorado municipal corporation By: Robert W. McLaurin, Town Manager Attest: Lorelei Donaldson, Town Clerk WHITE RIVER INSTITUTE, a Colorado non-profit corporation By: John Horan Kates Print: Title: F:\Everyone\Jeff\Comfac\Contract 8 CITIZEN GROWTH MANAGEMENT Ballot Title: An amendment to the Colorado Constitution concerning the management of development, and, in connection therewith, specifying that local governments, unless otherwise excepted, shall approve developmentonly within areas committed to development or within future growth areas in accordance with voter-approved growth area maps, requiring such local governments to delineate areas committed to development, requiring local governments proposing a future growth area to submit a growth area map to a vote at a regular election, specifying the content of growth impact disclosures to be distributed to voters in connection with such elections, and specifying the type of allowed action or development within growth areas, committed areas, or outside such areas. Text of Proposed Constitutional Amendment: ARTICLE XXVIII CITIZEN MANAGEMENT OF GROWTH BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO: The constitution of the state of Colorado is hereby amended BY THE ADDITION OF A NEW ARTICLE to read: Section 1. Purpose. THE PEOPLE OF COLORADO FIND THAT RAPID, UNPLANNED AND UNREGULATED GROWTH THROUGH DEVELOPMENT AND SUBDIVISION OF LAND IS A MATTER OF STATEWIDE SIGNIFICANCE AND CONCERN, BECAUSE IT IS CAUSING SERIOUS HARM TO PUBLIC HEALTH, SAFETY, AND WELFARE BY CONSUMING LARGE TRACTS OF OPEN SPACE AND FARM AND RANCH LANDS, SCENIC VISTAS AND ARCHAEOLOGICAL AND HISTORIC SITES; IMPOSING UNFAIR TAX BURDENS ON EXISTING RESIDENTS; OVERBURDENING POLICE PROTECTION, EMERGENCY SERVICES, SCHOOLS, ROADS, WATER SUPPLIES, AND OTHER PUBLIC FACILITIES AND SERVICES; CREATING INCREASED LEVELS OF TRAFFIC CONGESTION; CAUSING UNHEALTHY LEVELS OF AIR AND WATER POLLUTION; HARMING WILDLIFE, BIODIVERSITY AND ECOSYSTEMS;AND IMPAIRING THE ABILITY OF CITIES, CITY AND COUNTIES, COUNTIES, AND TOWNS TO MAINTAIN COMMUNITY CHARACTER AND PROTECT NEIGHBORHOODS. THE PURPOSE OF THIS ARTICLE IS TO REQUIRE CITIZEN MANAGEMENT, OF GROWTH BY PROVIDING VOTERS WITH INFORMATION CONCERNING GROWTH IMPACTS, BY PROVIDING VOTERS WITH CONTROL OVER GROWTH AREAS IN THEIR COMMUNITIES, AND BY REQUIRING COORDINATION AMONG LOCAL GOVERNMENTS WITH RESPECT TO PROPOSED GROWTH AREAS. THIS ARTICLE SHALL PRE-EMPT ANY INCONSISTENT PROVISION OF THIS CONSTITUTION, STATE STATUTE, LOCAL ORDINANCE, OR OTHER PROVISION OF LAW. Section 2. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "CENTRAL WATER AND SEWER SERVICE" MEANS THE PROVISION OF POTABLE WATER AND DISPOSAL OF SEWAGE BY MEANS OF WATER SUPPLY PIPES LEADING FROM A WATER TREATMENT PLANT OR COMMUNITY WELL AND SANITARY SEWER PIPES LEADING TO AN EFFLUENT TREATMENT PLANT THAT IS NOT A FREESTANDING PACKAGE PLANT. (2) "COMMITTED AREA" MEANS AN AREA OF LAND WHICH HAS BEEN COMMITTED TO DEVELOPMENT, IN THAT THE LAND MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:. (a) AS OF THE DATE ON WHICH THE LOCAL GOVERNMENT BECOMES SUBJECT TO THIS ARTICLE, ALL OF THE LAND IS CONTAINED WITHIN A RECORDED SUBDIVISION OR TOWNSITE AND AT LEAST 50% OF THE LOTS IN SUCH SUBDIVISION OR TOWNSITE (I) HAVE HAD PERMANENT, PRIMARY STRUCTURES CONSTRUCTED ON THEM OR (II) HAVE HAD CENTRAL WATER AND SEWER SERVICES EXTENDED TO THEM AND ALL LOTS ARE OR SHALL BE SERVED BY CENTRAL WATER AND SEWER WHEN THE DEVELOPMENT IS COMPLETE; OR (b) A VALID DEVELOPMENT APPLICATION AS TO SUCH LAND, THE APPROVAL OF WHICH WOULD RESULT IN DEVELOPMENT THAT SHALL BE SERVED BY CENTRAL WATER AND SEWER SERVICES, HAS BEEN SUBMITTED TO THE APPROPRIATE LOCAL GOVERNMENT, AS OF THE DATE ON WHICH THE 2000 GENERAL ELECTION BALLOT WAS CERTIFIED BY THE COLORADO SECRETARY OF STATE; OR (c) THE LAND HAS BEEN IDENTIFIED BY THE LOCAL GOVERNMENT AS AN AREA FOR DEVELOPMENT OR REDEVELOPMENT AND IT DIRECTLY ABUTS, EXCEPT FOR INTERVENING DEDICATED PUBLIC STREETS OR ROADS, AREAS MEETING THE CRITERIA OF PARAGRAPH (a) OF SUBSECTION (2) HEREOF ALONG 100% OF ITS PERIMETER, OR ALONG AT LEAST 50% OF ITS PERIMETER AND BY PERMANENTLY PROTECTED OPEN SPACES, FEDERAL LANDS, OR BODIES OF WATER ALONG THE REMAINDER OF ITS PERIMETER. (3) "DEVELOPMENT" MEANS COMMERCIAL, RESIDENTIAL, OR INDUSTRIAL CONSTRUCTION OR OTHER ACTIVITY WHICH CHANGES THE BASIC CHARACTER OR THE USE OF THE LAND SO AS TO PERMIT COMMERCIAL, RESIDENTIAL OR INDUSTRIAL CONSTRUCTION. "DEVELOPMENT" SHALL NOT INCLUDE THE CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, OR REPLACEMENT OF FACILITIES FOR TELECOMMUNICATIONS, PUBLIC UTILITIES, MINING OF MINERALS AND CONSTRUCTION MATERIALS, OIL AND GAS EXPLORATION AND PRODUCTION, OR FOR THE DIVERSION, STORAGE, TRANSPORTATION, OR USE OF WATER WITHIN THE STATE OF COLORADO. (4) "GROWTH AREA" IS AN AREA SHOWN ON A GROWTH AREA MAP APPROVED BY THE VOTERS AS AN AREA. WITHIN WHICH DEVELOPMENT MAY OCCUR. (5) "LOCAL GOVERNMENT" MEANS ALL STATUTORY, CHARTER AND HOME RULE CITIES AND TOWNS, HOME RULE AND STATUTORY COUNTIES, AND CITIES AND COUNTIES. (6) "REGULAR ELECTION" MEANS AN ELECTION HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER IN EVEN-NUMBERED YEARS, OR AN ELECTION HELD ON THE FIRST TUESDAY IN NOVEMBER IN ODD-NUMBERED YEARS. (7) "SUBDIVISION" MEANS THE DIVISION OF AN AREA OF LAND OR A DEFINED LOT OR TRACT INTO TWO OR MORE DEFINED LOTS OR TRACTS. (8) "VALID DEVELOPMENT APPLICATION" MEANS AN APPLICATION THAT SUBSTANTIVELY MEETS ALL OF THE RULES FOR SUBMISSION APPLICABLE TO A PROPOSAL AND THAT HAS BEEN ACCEPTED AS TIMELY AND COMPLETE BY THE LOCAL GOVERNMENT REGULATING THE USE OF LAND COVERED BY THE APPLICATION. Section 3. Permitted Development. LOCAL GOVERNMENTS, UNLESS EXEMPTED IN ACCORDANCE WITH SUBSECTION (1) OR (2) OF SECTION 4 OF THIS ARTICLE, SHALL ONLY APPROVE DEVELOPMENT (a) WITHIN COMMITTED AREAS, (b) WITHIN GROWTH AREAS IN ACCORDANCE WITH VOTER-APPROVED GROWTH AREA MAPS, OR (c) IN ACCORDANCE WITH THE EXCEPTIONS CONTAINED IN SECTION 9 OF THIS ARTICLE. Section 4. Growth Area Maps. (1) THIS ARTICLE SHALL APPLY TO ALL COUNTIES AND CITY AND COUNTIES WITH A POPULATION GREATER THAN 10,000 RESIDENTS AS SHOWN BY THE MOST RECENT DECENNIAL CENSUS, OR IF MORE THAN FIVE YEARS HAVE PASSED SINCE THE LAST CENSUS DATE, THEN THE POPULATION AS SHOWN BY A PROJECTION PREPARED BY THE DEPARTMENT OF LOCAL AFFAIRS OR ITS SUCCESSOR AS OF THE BEGINNING OF THE FIFTH YEAR FOLLOWING THAT CENSUS DATE. THE GOVERNING BODY OF ANY COUNTY WITH A POPULATION OF LESS THAN 25,000 RESIDENTS MAY SUBMIT A REFERRED QUESTION TO THE VOTERS EXEMPTING FOR A MAXIMUM PERIOD OF FOUR YEARS THE ENTIRE COUNTY AND ALL LOCAL GOVERNMENTS WITHIN IT FROM ALL REQUIREMENTS OF THIS ARTICLE. UPON VOTER APPROVAL OF SUCH AN EXEMPTION, THIS ARTICLE SHALL NOT APPLY TO SAID COUNTY AND ALL LOCAL GOVERNMENTS WITHIN IT FOR THE PERIOD APPROVED BY THE VOTERS. SAID FOUR-YEAR PERIOD MAY BE RENEWED OR EXTENDED BY A SUBSEQUENT REFERRED QUESTION. (2) THIS ARTICLE SHALL ALSO APPLY TO EVERY CITY OR TOWN WITH ANY PORTION OF ITS CORPORATE LIMITS LOCATED IN ANY COUNTY TO WHICH THIS ARTICLE APPLIES. CITIES OR TOWNS WITH FEWER THAN 1,000 RESIDENTS SHALL NOT BE REQUIRED TO PREPARE A GROWTH AREA MAP, PROVIDED, HOWEVER, THAT THE GOVERNING BODY OF A CITY OR TOWN OF FEWER THAN 1,000 RESIDENTS SHALL NOT APPROVE ANY DEVELOPMENT THAT WOULD CAUSE THE CITY'S OR TOWN'S POPULATION TO EXCEED 1,000 UNTIL THE VOTERS OF THAT CITY OR TOWN HAVE APPROVED A GROWTH AREA MAP WITH RESPECT THERETO AS REQUIRED BY THIS ARTICLE. (3) EVERY LOCAL GOVERNMENT SUBJECT TO THIS ARTICLE SHALL DELINEATE ITS COMMITTED AREAS NOT LATER THAN DECEMBER 31, 2001 OR WITHIN ONE YEAR OF BECOMING SUBJECT TO THIS ARTICLE, WHICHEVER OCCURS LATER. (4) A GROWTH AREA MAP SHALL INCLUDE A MAP AND TEXT DESCRIBING A PROPOSED GROWTH AREA AND SHALL IDENTIFY THE GENERAL LOCATIONS OF EACH PROPOSED LAND USE AND THE GENERAL RANGE OF DEVELOPMENT DENSITIES WITHIN SUCH GROWTH AREA. NO PROPOSED GROWTH AREA MAY BE DESIGNATED ON A GROWTH AREA MAP UNLESS THE DEVELOPMENT IN SUCH AREA SHALL BE SERVED A CENTRAL WATER AND SEWER SYSTEM AND ROADS, WHICH CAN BE CONSTRUCTED CONSISTENT WITH APPLICABLE BORROWING, TAXING, AND SPENDING LIMITATIONS, WITHIN TEN YEARS FOLLOWING VOTER APPROVAL. FOR EVERY CITY, CITY AND COUNTY, OR TOWN, EACH PROPOSED GROWTH AREA SHALL ABUT ALONG ONE SIXTH OR MORE OF ITS PERIMETER TO A COMMITTED AREA OR TO ONE OR MORE GROWTH AREAS THAT WERE PREVIOUSLY APPROVED BY THE VOTERS OF THE PROPOSING CITY, CITY AND COUNTY, OR TOWN. EACH GROWTH AREA MAP AND ITS TEXT: (a) SHALL BE CONSISTENT WITH THE GROWTH IMPACT DISCLOSURES SET FORTH IN SECTION 5 OF THIS ARTICLE; (b) SHALL BE DEVELOPED WITH CITIZEN PARTICIPATION, INCLUDING, PRIOR TO BEING REFERRED FOR VOTER APPROVAL, AT LEAST ONE PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR EQUIVALENT BODY, AND AT LEAST ONE PUBLIC HEARING BEFORE THE GOVERNING BODY OF THE PROPOSING LOCAL GOVERNMENT UPON THIRTY DAYS' PUBLISHED NOTICE; AND (c) SHALL BE CONSISTENT WITH GROWTH PROPOSED BY OTHER LOCAL GOVERNMENTS, IN THAT GROWTH AREA MAPS (I) SHALL BE DEVELOPED IN COOPERATION WITH THE GOVERNMENT OF EACH COUNTY IN WHICH THE PROPOSED GROWTH AREA IS LOCATED AND ANY OTHER LOCAL GOVERNMENT THAT SHARES A COMMON BOUNDARY WITH THE PROPOSED GROWTH AREA; AND (II) SHALL NOT CONFLICT WITH OR OVERLAP THE GROWTH AREA MAP THAT ANOTHER LOCAL GOVERNMENT IS PROPOSING FOR APPROVAL AT THE SAME ELECTION OR WHICH HAS BEEN PREVIOUSLY APPROVED BY THE VOTERS OF ANOTHER LOCAL GOVERNMENT. Section 5. Voter Approval and Growth Impact Disclosures. THE GOVERNING BODY OF EACH LOCAL GOVERNMENT PROPOSING A GROWTH AREA SHALL REFER EACH PROPOSED GROWTH AREA MAP TO A POPULAR VOTE AT A REGULAR ELECTION. (1) THE BALLOT TITLE AND SUBMISSION CLAUSE FOR THE REFERENDUM SHALL BRIEFLY SUMMARIZE THE PROPOSED GROWTH AREA WITHOUT ARGUMENT OR PREJUDICE, AND SHALL ASK WHETHER THE PROPOSED GROWTH AREA MAP SHALL BE ADOPTED. (2) THE PROPOSING LOCAL GOVERNMENT SHALL PROVIDE GROWTH IMPACT DISCLOSURES THAT DESCRIBE THE IMPACTS OF DEVELOPMENT ALLOWED BY THE PROPOSED GROWTH AREA MAP. THE GROWTH AREA MAP AND THE ASSOCIATED GROWTH IMPACT DISCLOSURES SHALL BE DISTRIBUTED TO VOTERS IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ARTICLE X, SECTION 20 (3). THE GROWTH IMPACT DISCLOSURES SHALL DESCRIBE: (a) THE ELEMENTS OF THE PROPOSED GROWTH AREA, INCLUDING, IF APPLICABLE, OPEN SPACES AND PARKS; NEW PUBLIC FACILITIES AND INFRASTRUCTURE, INCLUDING LAW ENFORCEMENT, EMERGENCY AND HEALTH SERVICES, RECREATIONAL FACILITIES, ROADS, ALTERNATIVE TRANSPORTATION, SCHOOLS, FIRE PROTECTION FACILITIES, WATER AND SEWER SERVICES, THE INITIAL AND ONGOING COSTS FOR SUCH FACILITIES AND INFRASTRUCTURE, AND THE PROPOSED FUNDING SOURCES FOR THESE COSTS; NUMBER OF HOUSING UNITS, INCLUDING AFFORDABLE HOUSING UNITS; AND ANY LOCAL GOVERNMENT REVENUE SHARING ARRANGEMENTS; AND (b) THE ANTICIPATED EFFECTS OF THE PROPOSED GROWTH, INCLUDING: PROJECTED POPULATION INCREASE; TRANSPORTATION AND TRAFFIC IMPACTS WITHIN AND OUTSIDE THE GROWTH AREA; PROJECTED EFFECT UPON REGIONAL AIR QUALITY; WATER SUPPLY NEEDED AND THE ANTICIPATED SOURCES AND COST OF THE WATER SUPPLY; AND HOW THE PROPOSED GROWTH AREA MAP CONFLICTS OR COORDINATES WITH GROWTH AREA MAPS EITHER APPROVED BY, OR BEING PROPOSED TO, THE VOTERS OF ADJACENT LOCAL GOVERNMENTS. (3) ALL GROWTH IMPACT DISCLOSURES SHALL BE BASED UPON THE BEST GENERALLY AVAILABLE DATA ROUTINELY USED BY LOCAL GOVERNMENT PLANNERS IN THIS STATE IN THE PREPARATION OF THE MASTER PLANS AND COMPREHENSIVE PLANS. Section 6. Allowed Actions within Growth Area. ALL DEVELOPMENT, SUBDIVISION OF LAND, CHANGES IN LAND USE OR DENSITY, AND CONSTRUCTION OR EXTENSION OF CENTRAL WATER OR SEWER SYSTEMS OR ROADS ON LAND THAT IS WITHIN A VOTER-APPROVED GROWTH AREA SHALL BE IN ACCORDANCE WITH THE GROWTH AREA MAP. DEVELOPMENT UNDERTAKEN BY OTHER POLITICAL SUBDIVISIONS OF THE STATE, ENTERPRISES, SPECIAL IMPROVEMENT DISTRICTS, SPECIAL DISTRICTS, TAX INCREMENT FINANCING DISTRICTS, OR SCHOOL DISTRICTS, SHALL ALSO BE IN ACCORDANCE WITH THE GROWTH AREA MAP. Section 7. Development within Committee Areas. DEVELOPMENT OR SUBDIVISION OF LAND WITHIN A COMMITTED AREA MAY BE COMPLETED WITHOUT VOTER APPROVAL IF THE DEVELOPMENT IS COMPLETED IN ACCORDANCE WITH APPROVED PLANS, AND ANY APPLICABLE REGULATIONS AND GUIDELINES. Section 8. Amendment to Growth Area Maps. ANY LOCAL GOVERNMENT MAY REFER AN ISSUE TO THE VOTERS TO AMEND AN APPROVED GROWTH AREA MAP AT A REGULAR ELECTION IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS ARTICLE. Section 9. Lands Outside Committed Areas and Growth Areas. NO DEVELOPMENT OR SUBDIVISION OF LAND SHALL BE APPROVED FOR LAND NOT INCLUDED IN A COMMITTED AREA OR AN APPROVED GROWTH AREA, EXCEPT THAT A LOCAL GOVERNMENT MAY APPROVE 'OR ALLOW, IN ACCORDANCE WITH ITS LAND USE RULES AND REGULATIONS: (1) DEVELOPMENT WHICH (a) DOES NOT REQUIRE ANY FURTHER LOCAL GOVERNMENT APPROVALS OR (b) REQUIRES ONLY THE ISSUANCE OF A BUILDING PERMIT; (2) DEVELOPMENT OR SUBDIVISION OF LAND CONSISTENT WITH A VALID DEVELOPMENT APPLICATION WHICH HAD BEEN FILED AS OF THE DATE ON WHICH THE 2000 GENERAL ELECTION BALLOT WAS CERTIFIED BY THE COLORADO SECRETARY OF STATE; (3) THE CREATION OF NO MORE THAN THREE LOTS OF NO MORE THAN TWO ACRES EACH TO ACCOMMODATE RESIDENCES OF IMMEDIATE FAMILY MEMBERS OF AN AGRICULTURAL PROPERTY OWNER; e L (4) A DIVISION OF LAND THAT IS NOT SUBJECT TO ITS CONTROL AS A SUBDIVISION OF LAND BASED ON STATUTES IN EFFECT AT THE TIME THE LAND IS SUBDIVIDED; (5) PUBLICLY OWNED FACILITIES NECESSARY FOR THE PUBLIC HEALTH, SAFETY, OR WELFARE; (6) A DIVISION OF LAND THAT IS PERMITTED BY STATUTE AS A RURAL CLUSTER DEVELOPMENT AS OF THE EFFECTIVE DATE OF THIS ARTICLE; (7) NON-RESIDENTIAL DEVELOPMENT OF LESS THAN TEN THOUSAND SQUARE FEET TO PERMIT RETAIL OR SERVICE USE WHERE NO OTHER RETAIL OR SERVICE USES ARE LOCATED WITHIN ONE MILE OF THE SITE; AND (8) COMMERCIAL OR INDUSTRIAL DEVELOPMENT, OTHER THAN CONFINED ANIMAL FEEDING OPERATIONS OR RELATED FACILITIES, THAT PROVIDES ONLY GOODS OR SERVICES TO SUPPORT NEARBY AGRICULTURAL OPERATIONS, IN AN AREA WHERE THERE ARE NO OTHER COMMERCIAL OR INDUSTRIAL SITES WITHIN ONE MILE. Section 10. Private Property Rights. NOTHING IN THIS SECTION IS INTENDED TO AFFECT OTHER CONSTITUTIONAL PROTECTIONS AFFORDED TO PRIVATE PROPERTY. Section 11. Interpretation. THIS ARTICLE SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE THE PURPOSES SET OUT IN SECTION 1. ANY LAWS ENACTED IN DEROGATION OF THIS ARTICLE SHALL BE STRICTLY CONSTRUED. Proposed growth initiative 96% 9 valid development application" defined by Carohynnc White, SraffArrvrney i that a developer requested a letter cer- I On the other hand, this poses the dan- hat is a valid development j tifying that its application was "timely get of creating expectations for those and complete" within the meaning of I property owners who have submitted Wapplication? -The principal is- sue a municipality can address before I the definition of valid development ap- valid development applications that the election. plication. As the deadline approaches, they will certainly be able to develop, The growth initiative uses the term this will become a critical issue for ( regardless of the municipality's re- "valid devclopment application" in both property owners and municipal ; quirernents. two places. First, if a valid develop- officials. Once the measure is passed, A stricter interpretation could have inent application has beer: filet] for a ~ new development applications may I the opposite effect. Whilc the danger particular piece of property, "the ap- only be approved if they are in a of creating expectations among prop- proval of which would result in devel- I growth area, which must be approved I erty owners is not present, a muniei- opment that shall be served by central by the voters. (With some exceptions. ` pality that defined valid development water and sewer serviccs," that prop- i See main article on page 1.) application strictly could experience a erty is considered a "committed area What should municipalities dot I de facto moratorium because few within which a local g,overmncnt may I As with many features of the mea- properties would qualify as committed approve development. (If property is sure, the ultimate meaning of what areas. Municipalities experiencing in a committed area, it can be devel- 1 constitutes a valid development ~ rapid growth may find this a useful oped without an election, as rcquireci application, or what is "timely and I way to slow things down. On the for new growth areas.) The applica- complete" may be subject to debate I other hand, the-re may be talun'L im- tion must have been filed by the date ( and judicial interpretation. While the plication, if property owners are un- on which the Secretary of State certi- following may shed light on ap- I able to develop their p,.perty under Sits the November ballot. (The dead- I any circummnces. I proaches to secure some level of cer- 1 line is Sept. 13, but the secretary could tainty, municipal officials are encour- if a municipality decides to take no certify the ballot earlier.) action prior to the date on which the aced to consult their attorney. Second, a local government "may" I ? Some municipalities have enacted measure takes effect, if it passes. the approve development, "in accordance interpretation of what constitutes a with its land use rules and rcgula- I ordinances defining what constitutes a valid development application and tions," if a valid development applica- I valid devclopment application. For in- i what is "timely and complete" will dc- stance, one could designate prelinti- tionhas been filed, under the creep- peed on the municipality's interpncla- nxry plat, final plat or some other Lion of its own rules and re tions in Section 9 of the measure, for gulations areas that arc neither committed areas stage in the process, in much the same I for development applications (subject oar approved growth areas. This ex- I way vested rights ordinances designate ( to possible implementing legislation or at what point in the process rights to udicial review ception doesn't require central water f I 1 develop will vest. In this way, both and sewer. In any event, submission of a valid A valid devclopment application is property owners and municipalities I development application, and being defined by the measure as one that may achieve some certainty as to I Qrandfathered under the measure, ap- which properties will be included in a i substantively meets all of the rules I committed area based on the valid dc- patently does not guarantee that a for submission applicable to a pro- property owner can develop. It only vclopmcnt application criteria, if the posal and that has been accepted as l eguarantccs that its application will be ~ timely and complete by the local gov- measure passes. considered, under the same rules and i A more liberal inte. t,.,,..ation of regulations governing development in crnment' what constitutes a valid devclopment What does this mean ffor ; application could increase a munici- I each municipality before the growth municipalities`' polity's flexibility by enlarging the initiative. A municipality may still deny Mfany of you have already con- pool of development that can be ap- or condition development appli- tacted the League to inform us that de- proved without an election. This I cations, whether o$ not the property is velopers are inquiring what they merit would also allow a 1--61' Growth Area in a committed area. do to get their properties into commit- I Map to be presented to the voters, be- I For more information, contact ted areas. or grandfad=ed undeer the j cause the growth area must have one- I Carolynne C. White, staff attorney measure. One municipality reported j six4h contiguity to a committed area ! CM Newsletter july2l, 2000 MAL Vol. 26, No. 15 July 21, 2000 [~a1~i1G~:1e1U1'11U?11~it~~r~~~~tej91~ CML on the Web: www.cmi.org i izen growth mamoagement : I allot -issue summarized " by Carol_ynne White, Staff Attorney Summary up- This measure adds a new article to n July 3, the Supreme Court held the ballot title, "The Citizen the Colorado Constitution entitled Management of Growth," for proposed "Citizen Management of Growth." In Initiative 256. Proponents are now general, the article, which applies only gathering sia gnatures to lace the mea- to counties with o ulations of greater p pp a a sure on the ballot for November. They than 10,000 residents (and their con- ® VpOS® Vd must gather approximately 64,000 sig- stituent municipalities) limits the cir- natures by Aug. 7 to make the ballot. cumstances under which new develop- : i A summary of the initiative follows. ment may occur to three categories: A chart showing which municipali- ® Land within "committed areas," g ties fall into which of the measure's where development has already oc- categones is on page curred, or has been i Where.: does your-,. workshop seven. Municipalities or is being communi all? with populations of processed on the less than 1,000 are day of certification Preparing for the exempt from prepar- r of the 2000 general 't in Growth Area Citizens Growth Initiative election ballot, and Maps. Municipalities where the develop- .,.,r F within counties of Friday, Aug. 11, 1-4 p.m. ment would be less than 10,000 At CNIL served by central population are 1144 Sherman in Deriver. water and sewer exempt entirelY service. Free but Municipalities within NE Land within seating is limited. counties between "Growth Area Register early: (303) 831-6411. 10,000 and 25,000 in Maps" prepared by - << = population may be the local govern- exempt, if the county votes to exempt ment and submitted to the electorate itself on a countywide basis for four for voter approval. If the map is not years. Finally, municipalities with approved, development may not occur. Aff ®ah~S populations of 1,000 or more in coun- Significant preparation and analysis ® ties withpopulations of 25,000 or responsibilities are imposed upon local ®uSlng greater are not exempt in any way. governments in preparing the maps The League has not taken a position and taking them to election. DOH sets statewide on the initiative, but continues to N Exceptions to the measure are pro- monitor its progress and analyze its vided, including previously approved workshops. j implications. Our growth committee but unbuilt projects and seven other will meet in mid-August to consider specific exceptions. the issues and make a recommendation By its terms, the measure is de- j ! to the board. In late August, the board clared to be applicable to all general- will meet and adopt a position. See Summary continued on page 2 Summary continued from page I "Development" does not include the Classified Corner construction, operation, maintenance, purpose local governments: cities, repair or replacement of facilities for FOR SALE telecommunications, public utilities, cities and counties, statutory towns For sale by the city of Greenwood and home-rule municipalities. mining of minerals and construction Village, one 1996 Elgin Pelican P, AppCcahilitV and compliance materials, oil and gas exploration and three-wheel sweeper, serial number The measure applies to all counties production, or for the diversion, stor- P2001 D. Please refer to our unit with greater than 10,000 age, transportation or use of water. populations greater than Committed areas number 8901.ODO 15,081 (Hours residents, including city-counties such 2,091) Bids will be received no later as Denver and Broomfield. Included A committed area is defined as land than July 28 at 2 p.m. Bids can be as well is every municipality "with any which on the effective date of the mea- faxed to (303) 706-1795 or bids can portion of its corporate limits located sure has been committed to develop- in any county to which this article ap- ment by meeting one or more of three be mailed to 10001 E. Costilla Ave., criteria: Greenwood Village, CO 80112. Mark plies." Municipalities with fewer than 1,000 residents are not required to pre- 1. The land is within a recorded the envelope: Attn: Fleet Services. ale a Growth Area Map unless ap- subdivision or town site and at least 50 Contacts: Shawn Khankan, fleet pare al of a development would cause percent of the lots have either had pri- mana er 708-6125 or mary structures built or water and g ~ (303) their population to exceed 1,000. skhankan@greenwoodvillage.eom An exemption is provided for coup- sewer service extended to them, and or Julie Lafaseiano, fleet staff ties with populations of less than all lots will be served by central water assistant, (303) 708-6124 or jlafas- 25,000 residents, who may submit a and sewer; or ciano@greenwoodvillage.com. referred question to the voters exempt- 2. A pending development applica- ing that county tion with respect to The town of Snowmass Village is and all of the mu- the land has been . •r--.~ selling two 1993 Bluebird Mini- nicipalities within submitted as of the Buses. For information contact Chip it for periods not e: date the 2000 gen- oral election ballot to exceed four~i Foster, (970) 923-2543 or email: was certified, but cfoster@tosv.com. yelp` All only to the extent local gov- property is or FILING SYSTEM AVAILABLE ernments are re- the quired to delineate will be served by The city of Northglenn has an open- - - their committed central water and shelf bucket filing system available areas not later than sewer; or free of charge. Equipment consists Dec. 1, ,001, or 3. The land di- ~ of 1 stand-alone 45" cabinet; 1 dou- within one year of becoming subject to rectly abuts, with at least 50 percent of ble-face 90" cabinet; and 1 Stand- the article, whichever occurs last. its perimeter, land meeting criteria alone 901j (missing In bracket) eabi- Development within committed areas number 1 above, and along the re- net. Contact Diana Lentz, city clerk, may take place without any further mainder of its perimeter by open (303) 450-8755 for information. voter approval "if in accordance with space, federal lands or bodies of water; approved plans and any applicable and the land has been identified for regulations and guidelines." development. ~Ilouued development The fact that land is within the mu- ~~~c~ nicipal boundary currently or in the The basic premise is that develop- future does not qualify it as a commit- Published ' ment (defined as any commercial, resi- biweekly by the Colorado Municipal League " ted area unless it also meets one of the for Colorado's municipal officials. (LISPS 075.590). dentlal. Or industrial construction or three criteria above. Periodical Postage Paid at Denver. Colorado other activity which changes the basic Communications Manager: Allison Lockwood character or use of the land to permit Growth areas Research Associate. ]anel Hclt such uses") is permitted only within: While the definition and use of the POSTMASTER: Send address change form 3579 to committed-area concept permits con- Colorado Municipal League. 1144 Sherman SL, I • a committed area, Denver. CO 80203-2207; (303) 831-6411• FAX (303) 2. a voter-approved Growth Area tinued development in areas that have 860-8175 Map; or been finally approved for development Subscriptions to CUL Newsletter arc offered as a portion 3. under one of the exceptions in or are in the process of such approval, of member dues. Cost for nonmembers is 5300 a year. i Section 9 the Growth Area Map process is de- . 2 CML Newsletter July 21, 2000 signed to regulate new growth. [TABOR]. The contents of the disclo- of the 2000 general election ballot. "Growth area" is defined as an area sures are detailed: 3. The creation of no more than shown on a Growth Area Map ap- Major elements of the proposed three lots of no more than two acres proved by the voters. growth area, including a long list of each to accommodate residences for A Growth Area Map must be pre- items such as open space, parks, pub- immediate family members of an agri- pared and submitted to the voters be- lic facilities and infrastructure, roads, cultural property. fore any new development may be schools, fire protection, water and 4. Subdivision of land that is not permitted, other than in committed ar- sewer, funding sources, number of subject to subdivision control under eas or areas that qualify under one of housing units including affordable state law at the time the subdivision is the Section 9 exemptions. The housing and revenue arrangements. approved. Growth Area Map must include a map The measure does not describe who 5. Construction of publicly owned and text describing the area, the gen- bears the costs of this preparation. facilities for health, safety and welfare eral locations of land use and a range The anticipated effects of the pro- needs. of development densities. No land posed growth including, among other 6. Division of land that is permitted may be included within a Growth Area Map "unless central water and sewer xj services and roads can be extended to the area" within the constraints of V, applicable borrowing, taxing andr spending limitations, within 10 years Y F following approval. ` Growth areas in municipalities must abut along one-sixth or more of their perimeter either a committed area or a ,yw++-rasi.~ - previously approved growth area. The measure does not define how the one- sixth contiguity is to be calculated.'.,'. The one-sixth contiguity requirement k"~ r applies to municipal growth areas but not counties. Growth Area Maps and their text ~I must be submitted to public notice and hearing before a planning commission N and the elected local governing body -T~ and are required to be "consistent with, growth proposed by other local gov- ernments." Growth Area Maps may not "conflict with or overlap the things, population, transportation, traf- as a cluster development as of the ef- Growth Area Map that another local fic, air and water quality. fective date of the initiative. government is proposing for approval Apparently any substantial variation 7. Nonresidential development of at the same election or which has been in the development from the Growth less than 10,000 square feet of land for previously approved by another local Area Map and the proposal approved retail or service uses, where there are government." by voters requires approval at a subse- no similar uses located within one The measure outlines disclosure quent election. mile. and election procedures for obtaining Seclon 9 exceptions 8. Commercial or industrial devel- voter approval of Growth Area Maps. The measure provides eight specific opment providing goods and services The growth election must be held at a exceptions in addition to the ones lo- to support nearby agricultural opera- tions other than confined animal November election. The proposing lo- cated elsewhere: cal government is required to prepare 1. Development of land requiring feeding operations). a ballot title and submission clause no further approvals, other than build- and detailed "growth impact disclo- inQ permits. sures," which are then sent to voters 2. Development or subdivision un- "as a part of the notices distributed der a valid development application pursuant to Article X, Section 20(3)" that was pending as of the certification Related stories continue on page 6 July 21, 2000 CML Newsletter 3 Proposed growth initiative "Valid development application's defined by Carolynne White, Staff Attorney that a developer requested a letter cer- On the other hand, this poses the dan- hat is a valid development tifying that its application was "timely ger of creating expectations for those application? - The principal is- and complete" within the meaning of property owners who have submitted sue a municipality can address before the definition of valid development ap- valid development applications that the election. plication. As the deadline approaches, they will certainly be able to develop, The growth initiative uses the term this will become a critical issue for regardless of the municipality's re- "valid development application" in both property owners and municipal quirements. two places. First, if a valid develop- officials. Once the measure is passed, A stricter interpretation could have ment application has been filed for a new development applications may the opposite effect. While the danger particular piece of property, "the ap- only be approved if they are in a of creating expectations among prop- proval of which would result in devel- growth area, which must be approved erty owners is not present, a munici- opment that shall be served by central by the voters. (With some exceptions. pality that defined valid development water and sewer services," that prop- See main article on page l.) application strictly could experience a erty is considered a "committed area" What should municipalities do? defacto moratorium because few within which a local government may As with many features of the mea- properties would qualify as committed approve development. (If property is sure, the ultimate meaning of what areas. Municipalities experiencing in a committed area, it can be devel- rapid growth may find this a useful oped without an election, as required constitutes a valid development application, or what is "timely and way to slow thing2-1 s down. On the for new growth areas.) The applica- complete' may ' be subject to debate other hand, there may be takings im- lion must have been filed by the date plications, if property owners are un- on which the Secretary of State certi- and judicial interpretation. While the able to develop their property under following may shed light on ap- fres the November ballot. (The dead- D any circumstances. line is Sept. 13, but the secretary could proaches to secure some level of cer- If a municipality decides to take no certify the ballot earlier.) t:ainty, municipal officials are encour- action prior to the date on which the aged to consult their attorney. 11 Second, a local government may measure takes effect, if it passes, the Some municipalities have enacted approve development, "in accordance interpretation of what constitutes a ordinances defining what constitutes a with its land use rules and regula- valid development application and tions„ if a valid valid development application. For in- , development applica- what is "timely and complete" will de- tion has been filed, under the excep- stance, one could designate prelimi- Pend on the municipality's interpreta- tions plat, final plat or some other lions in Section 9 of the measure, for lion of its own rules and regulations areas that are neither committed areas stage in the process, in much the same for development applications (subject way vested rights ordinances designate nor approved growth areas. This ex- to possible implementing legislation or ception doesn't require central water at what point in the process rights to judicial review). . and sewer, develop will vest. In this way, both In any event, submission of a valid A valid development application is property owners and municipalities development application, and being may achieve some certainty as to defined by the measure as one that which properties will be included in a °randfathered under the measure, ap- "substantively meets all of the rules parently does not guarantee that a committed area based on the valid de- for submission applicable to a pro- property owner can develop. It only velopment application criteria, if the posal and that has been accepted as guarantees that its application will be timely and complete by the local gov- measure passes. considered, under the same rules and A more liberal interpretation of ernment." regulations governing development in what constitutes a valid development "'hat does this mean for application could increase a munici- each municipality before the growth municipalities? pality's flexibility by enlarging the initiative. A municipality may still Many of you have already con- pool of development that can be ap- deny or condition development appli- tacted the -League to inform us that de- proved without an election. This cations, whether or not the property is velopers are inquiring what they must would also allow a larger Growth Area in a committed area. Map to be presented to the voters, be- For more information, contact do to get their properties into commit- ted areas, or grandfathered under the cause the growth area must have one- Carolynne C. White, staff attorney measure. One municipality reported I sixth contiguity to a committed area. 6 CML NewslePter July 21, 2000 Municipalities <1;000 Municipalities in counties 10,000 - 25,000 Only required to delineate Committed Areas (unless considering Can exempt selves for four years by countywide vote application that would boost population >1,000) AguW Fraser' Montezuma' Aguilar Grover Pierce Alamosa Frisco Mt. Crested Butte' Alma Hartman Pitkin Alma Granada' Oak Creek' Antonito Haswell Poncha Springs Granby Peetz' Arriba Hillrose Pritchett Blue River' Grand Lake` Pitkin' Bethune Holly Ramah Branson' Gunnison Poncha Springs' Black Hawk Hooper Raymer Breckenridge Hartman Rocky Ford Blanca Hot Sulphur Springs Red Cliff Buena Vista Hayden Salida Blue River Hotchkiss Rico Cheraw' Holly' Silverthorne Bonanza City Hugo Rockvale Cokedale' Hooper` Simla' Boone Ignacio Romeo Cortez Hot Sulphur Snowmass Village Bow Mar Iliff Rye Craig Springs` South Fork' Branson Jamestown Saguache Crested Butte Iliff` Starkville' Brookside Keenesburg San Luis Cripple Creek Kim` Steamboat Springs Calhan Kim Sanford Croak' Kiowa' Sterling Campo Kiowa Sawpit Del Norte Kremmling Swink' Central City Kit Carson Sedgwick Dillon' La Junta Trinidad Cheraw La Jara Seibert Dinosaur' Lamar Victor' Coal Creek La Veta Severance Dolores Mancos Wiley' Cokedale Lake City Sheridan Lake Elizabeth Manzanola' Winter Park' Collbran Lakeside Silver Cliff Fairplay` Marble` Woodland Park Crawford Larkspur Silver Plume Fleming* Merino' Yampa' Creede Log Lane Village Silverton Fowler Monte Vista 'town of less than 1,000 Crestone Manassa Simla Crook Manzanola South Fork Crowley Marble Starkville Municipalities in counties over 25,000 De Beque Merino Stratton Cannot exempt selves from any requirements (excludes box 1 towns) Deer Trail Moffat Sugar City Dillon Montezuma Swink Arvada Federal Heights Mead Dinosaur Morrison Timnath Ault Firestone Milliken Dove Creek Mountain View Two Buttes Aurora Florence Mintum Eads Mountain Village Victor Avon Fort Collins Montrose Eckley Mt. Crested Butte Vilas Basalt Fort Lupton Monument Empire Naturita Vona Bayfiield Fort Morgan Morrison Fairplay Norwood Walden Bermett Fountain Nederland Flagler Nucla Walsh Berthoud Frederick New Castle Fleming Nunn Ward Boulder Frufta Northglenn Foxfield Oak Creek Westcliffe Brighton Gibrest Olathe Fraser Olney Springs Wiggins Broomfield Glendale Orchard City Garden City Ophir Wiley Brush Glenwood Springs Palisade Genoa Otis Williamsburg Canon City Golden Palmer Lake Granada Ouray Winter Park Carbondale Grand Junction Paonia Grand Lake Ovid Yampa Castle Rock Greeley Parachute Green Mountain Paoli Cedaredge Greenwood Village Parker Falls Peetz Cherry Hills Village Gypsum Platteville Colorado Springs Hudson Pueblo Columbine Valley Johnstown Rifle Municipalities in counties <10,000 Commerce City Kersey Sheridan Exempt from all requirements (excluding those in box 1) Crawford La Salle Silt Dacono Lafayette Superior Akron Idaho Springs Ridgway Delta Lakewood Thornton Arriba Julesberg Saguache Denver Larkspur Vail Burlington Las Animas Springfield Durango Littleton Ward Center Leadville Telluride Eagle Lochbuie Wellington Cheyenne Wells Limon Wray Eaton Lone Tree Westminster Empire Meeker Yuma Edgewater Longmont Wheat Ridge Georgetown Ordway Englewood Louisville Williamsburg Haxtun Pagosa Springs Erie Loveland Windsor y Holyoke Rangely Estes Park Lyons Evans Manitou Springs July 21, 2000 CML Newsletter 7 Summary of Responses to CML Valid Development Application Survey Prepared 8/10/00 Municipality + Attorney/Contact Taken What? Action? 1 Aspen John Worcester No Land use code already defines Aurora Bob Rogers Yes Ordinance and form f Avon Burt Levin No Bennett Brad Hill Yes Resolution Boulder Joe De Raismes Breckenridge Tim Berry Not yet I Considering resolution Brighton Margaret Brubaker Broomfield Roy Howard Yes Attorney verbal opinion: VDA is final plat and site development plan Castle Rock Bob Slentz Yes f Written opinion; considering ordinance and resolution Colorado Pat Kelly I Yes I Attorney opinion Springs Commerce City Bob Gehler Yes I Verbal guidance from attorney Denver Karen Aviles Working Considering written policy from on it Dir. Ping. Bd.; verbal guidance from attorney Durango Greg Hoch Staff level Working on written policy i only J Eagle Ed Sands Englewood Dan Brotzman No Fort Collins Steve Roy Yes resolution Lafayette Pat Tisdale Glenwood Teresa Williams No Springs Grand Junction f Dan Wilson ' Golden ! Jim Windholz Greeley Rick Brady ( No Greenwood Lee Phillips Yes Ordinance Village ! Loveland Jane Brauti -am Yes Resolution Montrose Greg Clifton Not yet Will incorporate language into subdivision regulations Pueblo Jim Munch Rifle Lee Leavenworth Yes Ordinance and Form Steamboat Tony Lettunich Springs jl Thornton Margaret Emrich No X~ . off. dAugust 14, 2000 Kevin Foley Vail Town Council Municipal Bldg. 75 S. Frontage Road Vail, CO 81657 Dear Mr. Foley: You may or may not be aware that the Vail Planning and Environmental Commission meets August 28 to consider an application to re-zone and re-plat lots 15 & 16 in the Bighorn 2d addition in East Vail. Lot 16 is currently zoned open space / agricultural, and and it is listed as high priority for aquisition in the Town of Vail's Comprehensive Open Space Lands Plan, The applicants proposal is to change the classification and re-plat the two lots to allow the construction of four housing units, which would effectively block the view of the falls. In addition, the area is classified by the Town as being within a high hazard zone for rock falls, snow slides, and mudslides. Any construction to mitigate these hazards would almost certainly affect the adjacent property owners. Furthermore, drainage from the falls creates a wetlands issue on the two lots. In view of the Town's commitment to open space, there would seem to be no valid reason to change the zoning of lot 16 to allow construction of housing units. As you know, the waterfall is one of the more scenic attractions in the Vail Valley, visual from I - 70, Bighorn Road, and Lupine Drive. Hundreds of people every year stop on Lupine Drive to photo the falls or climb to its base. I urge you to become involved in this issue so that a decision is made that is in the best interest of the Town of Vail and its visitors. Signed, ~4 VN~ (Veil Muncaster August 1, 2000 ~a~,t, , U uYC~i Vail Town Council dA.~.I.U(.4~f.~. • 60 75 South Frontage Road Vail, CO 81657 Dear Council Members: After last Saturday night's rock concert on Gore Creek Drive, it became clear to us that Vail needs to decide what kind of resort town we want to be. In our view, we want to attract families, people who will enjoy all the outside activities we offer, but who also want rest and relaxation, shopping, cultural activities and, in general, have a good time without intruding on other people's enjoyment of their vacations. These are the people who will support the shops, rostwar:a:ts, ledges, and other huslnesses. which in turn support the services provided by the town. Or, we could. go after the younger group who enjoy large crowds, the loud music of rock concerts or other events. Other than the alcohol. sales, there is not much revenue for businesses or sales tax for the Town. The decision must be made as to which type of guest we wish to serve. We cannot serve both; they are incompatible. The situation on Saturday night was personally intolerable. Hundreds of people tried every conceivable way to climb up our'building for a better view on the Sitzmark pool deck. We chased a number of people off the Sitzmark roof, in some cases with the help of Vail police (who were very helpful but overwhelmed). Long lines of people waited to use the Sitzmark rest rooms. Some people went through our apartment, looking for a view. A railing in our front entrance was broken off. This spring we spent time and money improving our gardens on Gore Creek Drive, only to have them destroyed by an inconsiderate crowd. We are halfway through the garden season, and it will be impossible to find the plant material to restore them this summer. The damage to our gardens and others on the street affects the beauty of our downtown area. The Left Bank Restaurant lost reservations; some guests could not get through the crowd. Others had to park at a distance in LionsHead. Certainly, this did not provide a positive guest experience. While last Saturday was a good example of why we, as a Town, must decide what type of guest _ we +t.,, - c -her `v, nts that sf-n th-_ wron(y n',ess!lge to our goiles S Bike races start C want e to tut6i[i'vi, LLi.t. - v iii eia~J . .c _ t ke raC, t~l't at 6 AM on the International Bridge with amplified sound from mid-morning until late afternoon. Kayak races on Gore Creek have amplified sound (a tire changing race was described on the loud speaker for an hour!). The amplified sound is much louder than the ordinance allows. Once, in Ford Park we could still hear the speakers. Wednesday night winter concerts on Gore Creek Drive also are not well received by many of our hotel guests. There have been and will be other events with the same intrusiveness. Many of these events are worthwhile, but they need to be under better control and, in some cases, relocated so they do not unnecessarily dominate the guest experience. We also realize that we want to have events for locals but not at the expense of our paying guests. In conclusion, the business community and the Town Council must decide what type of tourist we want to attract and implement programs to do so. We cannot be all things to all people. Helen and Bob Fritch Owners, Sitzmark Lodge