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HomeMy WebLinkAbout2001-08-21 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING MEETING TUESDAY, AUGUST 21, 2001 7:00 P.M. 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 min.) 2. CONSENT AGENDA: (5 min.) Second reading of Ordinance No.17, Series of 2001, an ordinance amending the Vail Town Code, title 12, chapters 2, 6, 14 & 16, section 12-2-2 definitions, section 12-14-12 home occupations, section 12-16- 7 conditional use specific criteria and standards, section 12-6a-3, section 12-6b-3, section 12-6c-3, section 12-6d-3, section 12-6e-3, section 12-6f-3, section 12-6g-3, section 12-6h-3, section 12-7d-2, section 12-7e-4, section 12-7f-4, section 12-7i-5, section 12-9c-3 and section 12-8d-3 of the Town of Vail Zoning Regulations to allow for home child day care facilities to be operated as home occupations, subject to the issuance of a conditional use permit, in eight residential zone districts and to allow child day care centers to be operated in four commercial and business zone districts, one special and miscellaneous zone district and one open space and recreation zone district, subject to the issuance of a conditional use permit, and setting forth details in regard thereto. 3. ITEM/TOPIC: Alpine Garden Presentation and Request. (15 min.) Ry Southard Request from the Vail Alpine Garden Foundation to transfer $100,000 RETT fund budget allocation from the Gore Creek Trail project to the proposed Alpine Plaza - Phase 2, Schoolhouse and Children's Garden expansion project as a contribution toward the funding of the project. ACTION REQUESTED OF COUNCIL: Approve the $100,000 contribution toward the funding of the Alpine Plaza- Phase 2, Schoolhouse and Children's Garden expansion project, and taking the same amount away from the budgeted Gore Creek Trail project. BACKGROUND RATIONALE: Vail Alpine Garden Foundation (VAGF) is looking to complete its construction of the conceptually approved new gardens: the Alpine Plaza - Phase 2, Children's Environmental Garden and Schoolhouse Accessible Garden as soon as possible and complete its projects on the lower bench of Ford Park. VAGF requests that the Gore Creek Trail project be postponed indefinitely and that the Council re-allocate the $100,000 to these three gardens so that we can complete construction of the final phase of the Betty Ford Alpine Gardens. For the three gardens, the balance of the construction budget is currently $1,493,000. VAGF has raised $773,000, leaving $720,000. This $100,000 transfer from RETT would significantly decrease the funds necessary to be raised to finish construction by June 1, 2002. VAGF has confidence to believe the majority of remaining funding will be in hand by the end of September 2001. VAGF does not intend to begin construction until sufficient funds are raised. A letter of support from the Vail Valley Foundation is attached. STAFF RECOMMENDATION: Staff agrees with the priority discussion presented in Background Rationale and recommends the transfer of funding from the Gore Creek Trail project to a contribution towards the funding of the Alpine Plaza - Phase 2, Schoolhouse Garden, and Children's Garden. Staff makes the additional recommendation that a stipulation be placed on the contribution to be used only for actual construction costs of that project alone, and that construction for the project begin no later than September 17, 2001, to coincide with the town's replacement of the Nature Center Bridge. 4. ITEMITOPIC: Special Events Tracking. (20 min.) Chris Cares 5. ITEM/TOPIC: Update from Vail Local Housing Authority on Nina Timm Mountain Bell process/project. (45 min.) VLHA 6. ITEM/TOPIC: Allison Ochs AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 6, ARTICLE 1, HOUSING (H) DISTRICT; AMENDING TITLE 12, CHAPTER 2, SECTION 2, DEFINITIONS; AMENDING TITLE 12, CHAPTER 13, SECTION 3, GENERAL REQUIREMENTS,AND SECTION 4, REQUIREMENTS BY EMPLOYEE HOUSING UNITTYPE; AND SETTING FORTH DETAILS IN REGARD THERETO. (30 min.) 7. ITEM/TOPIC: First reading, Ordinance #21, Series of 2001, an George Ruther ordinance relating to the WI. (45 min.) ITEM/TOPIC: First Reading of Ordinance No. 21, Series of 2001, an adopting a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 21, Series of 2001, on first reading. BACKGROUND RATIONALE: On Monday, August 13, 2001, the Planning & Environmental Commission held a public hearing on the request for a major amendment to Special Development District No. 6, Vail Village Inn, to allow for the construction of the Vail Plaza Hotel. Following an overview of the staff memorandum by the Town staff and testimony from the applicant and the public, the Commission deliberated and discussed the hotel proposal. Upon review of the nine criteria, a motion was passed 4-2 (Bernhardt & Cleveland opposed) recommending approval of the major amendment request to the Vail Town Council. The Commission has recommended and forwarded 24 conditions of approval. The recommended conditions and the specific findings of the Commission are contained in the staff memorandum dated August 13, 2001 and the copy of Ordinance No. 4, Series of 2000. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 21, Series of 2001, on second reading in accordance with the staff memorandum, dated August 21, 2001. 8. ITEM/TOPIC: First reading, Ordinance #22, Series of 2001, and ordinance regarding the Charter Amendment Petition. (15 min.) 9. ITEM/TOPIC: Ordinance #23, Series of 2001, an ordinance Russ Forrest approving an easement to construct a rockfall mitigation wall for the Booth Falls Townhomes on a portion of Town of Vail property. (15 min.) 10. Town Manager's Report. (5 min.) Bob McLaurin 11. Adjournment (10:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 8/28101, AT 11:30 A.M. WITH A NEIGHBORHOOD WALK- ABOUT AND DEDICATION AT ELLEFSON PARK IN WEST VAIL. THE WORK SESSION WILL BEGIN AT 1:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9/4/01, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 9/4/01, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. Please ban motorized scooters in Vail Page AU-Mm WIN, Thu~" 26.2001 _ Y S C ooter_:-b an' nation oin BALTIMORE - As motorized scooters grow in popularity, so do the complaints about noise and safety., - _ - '4 In response, two suburban Baltimore counties have banned motorized scooters from public roads, sidewalks and parks. Anne Arundel County say scooter riders,on county streets will be tick- eted under state motor vehicle laws. Police also will ticket people riding scooters on sidewalks, parks and school"property. . The Baltimore County Council approved similar restrictions on July 2: "If you get one going 20 or 30 miles an hour; somebody can. get.hurt," - said Councilman John Olszewski Sr., who sponsored the scooter legisla- tion. In California, licensed drivers can ride scooters on the street if -they wear helmets and obey special traffic laws. New York has banned them from public streets, while Florida Gov. Jeb Bush vetoed a bill that would have required scooter riders to wear helmets. The Associated Press Motorized scooters are becoming more prevalent in Vail and they are a hazard to people walking in the same areas. Vail is a wonderful walking village, and walkers should be kept safe from vehicles. Please ban motorized scooters on all sidewalks, plazas, and walking streets. Barbara Jean 500 South Frontage Rd #304 970-479-0554 VAIL SUMMER EVENTS 2001 Preliminary Findings Following is a brief report summarizing the initial findings from the Vail Summer Events Research Program. RRC Associates was hired to conduct surveys at a sampling of events throughout the summer. The information included in this reports is based on the results of over 1000 surveys covering the following seven events: Teva Whitewater Festival Big Wheel `n' Chili Summer Arts Festival Bravo! Music Festival Summer Sports Fest July 4th Parade Lacrosse Tournament Given the diverse nature of the events, it is not surprising that they attract a diverse crowd. • Median Household Income ranges from $56,000 annually for the Teva Whitewater Festival to $125,000 for the Bravo! Music Festival • Average age ranges 33 years (Teva Whitewater Festival) to 49 years (Bravo!) • Some events attract strong out-of-state visitor segments and other events are more predominantly local visitors. • Overall one third of all visitors are from out-of-state. Teva Whitewater Festival ..............mostly local/instate crowd Big Wheel `n' Chili .......................24 percent out of state July 4th Parade ..............................27 percent out-of-state Summer Arts Festival ....................30 percent out-of-state Vail Summer Sports Fest ...............43 percent out-of-state Bravo! Music Festival ...................45 percent out-of-state Lacrosse Tournament ....................54 percent out-of-state RRC ASSOCIATES I VAIL SUMMER EVENTS 2001 • PRELIMINARY FINDINGS Visitor Characteristics • Overnight visitors range from 22 percent of attendees to as high as 66 percent of attendees. The overall average is 34 percent. • Full-time residents represent 34 percent of attendees but the percent varies depending on the event. • The average length of stay of overnight visitors is 5.5 nights. • Five percent of overnight visitors are second homeowners. • Fifty-seven percent of those staying overnight stayed in lodging in the town of Vail, 18 percent stayed down valley (the majority in Beaver Creek or Avon) and 16 percent stayed with friends. • Fifty-five percent of visitors came specifically for the event. • Fifty-seven percent of visitors are first-time attendees to the event (43 percent are repeat attendees). • Some events have an especially strong repeat contingent, for example 54 percent of the attendees to the Bravo! Music Festival have attended three or more years. High Advertising Awareness • Overall, 56 percent of attendees were aware of advertising for the event. • For specific events the range was between a high of 79 percent for the Teva Whitewater Festival to a low of 24 percent for the Summer Sports Fest. Overall Event Ratings Very Strong • On a 10 point scale (1 meaning poor and 10 meaning excellent) the average rating was 8.2. • The Bravo! Music Festival was the highest rated event with an average rating of 8.5. • The lowest rated event was the Summer Sports Fest with an average rating of 7.9. RRC ASSOCIATES 2 VAIL SUMMER EVENTS 2001 • PRELIMINARY FINDINGS Economic Impact Expenditures vary depending on the type of the event. The following graphs summarize some of the preliminary results concerning overall spending. In the final report, more detailed findings will be provided. In addition it is important to keep in mind that some questions are asked slightly differently for different events. For example, for the Summer Arts Festival, the shopping question was specific to art purchases while at the event and art purchases outside the event, not just general shopping purchases. Figure 1 Average Expenditures I Total Might Spend Today 1 Average Spent on Lodging Average Expenditures for Food and Shopping both at the Total Might Spend Today I Average Spent on Lodging Event and Outside the Event Total on foodlbeverages today Shopping outside the event Food/beverages at event $36 average $14 average $16 average - - - Average spent per person \ \ 1. ~ 1 \ 1 \ / \ 1 for a night of lodging $14 aver / \ \ \1~{ 1 \ s~\\\~~~ ~ ~ Total on adivities;..eJon today , $14 average Total on shopping today Shopping at event »»a»,,,,,,, Foodlbeverages $57 average $34 average outside the event $22 average (Note: The lodging spending includes all visitors, most of whom spent $0 on lodging. The average spending for those who paid for lodging was $86 per person per night.) RRC ASSOCIATES 3 VAIL SUMMER EVENTS 2001 • PRELIMINARY FINDINGS Attractiveness Ratings Attractiveness ratings for different events that Vail could sponsor were all fairly high. • The most attractive were the street festivals (4.3, on a five point scale). • Rock/popular music concerts and sporting events/activities were both rated 4.1 • Arts and cultural events received an attractiveness rating of 4.0 • Educational events received the lowest average rating of 3.2. However, not surprisingly, given the different events, the ratings varied according to the type of event. For example, the visitors attending the Summer Arts Festival and those attending the Bravo! Music Festival were more likely to rate arts and cultural events as more attractive to them, while those attending the sporting events were more likely to rate the sporting events/activities as more attractive. Figure 2 Ratings of Attraction to Different Summer Events ¦ Street festivals f d Roddpopular musiclconcerls 5 0 Sporting eventslactivilies 0Artslculturelsymphonyldance Ln 4.5 13 Educational events er N < sf b ~ O 5>: 3.5 W 3 2.5 .r OVERALL Bg Wheel Summer Bravo! Summer July Events- July Events- 'n' Chili Arts Festival Sports Festival 4th Parade Laaosse RRC ASSOCIATES 4 VAIL SUMMER EVENTS 2001 • PRELIMINARY FINDINGS Events That Should be Emphasized When asked which one type of event should be emphasized the results were slightly different. Arts and cultural events were chosen by 30 percent of visitors followed by rock/popular music/concerts and street festivals (both with 24 percent). Sporting events/activities were chosen by 19 percent of visitors and only 3 percent of visitors felt educational events should be emphasized. Again, when examining the results by the different events the visitors were attending the results are very diverse as shown below. • 64 percent of Bravo! Music Festival attendees said arts/cultural events should be emphasized. • 51 percent of the Lacrosse event attendees felt sporting events/activities should be emphasized. Figure 3 Which Event Should Be Most Emphasized? 70% ® Artsiculturelsymphonyldance ® Educational events ® Roddpopular musiclconcerts O Sporting eventslactivities 50% ¦ Street festival ee v e n k?i 3090 - _ - -----aR s`-- d N N e N N N 20~1n% aR aE ~ N n+ _ _ _ CO.. T _ ~ P1 M ,..r O D r O W is ~i • 10% OVERALL Big Wheel Summer Bravo! Summer July Events- July Events- 'n' Chili Arts Festival Sports Festival 4th Parade Lacrosse s: lwdlvaftummer121101Nail Summer Events Preliminary Reportdoc RRC ASSOCIATES 5 Vail Local Housing Authority Scheduled Meetings for Middle Creek Village Fall 2001 Public Onen Houses w/ VLHA Members PEC Meetines Wednesday, August 29 Monday, September 10 3:30 to 5:00 or 7:00 to 8:30 West Vail Lodge Monday, September 24 Wednesday, September 5 Monday, November 26 3:30 to 5:00 or 7:00 to 8:30 West Vail Lodge DRB Meetines Wednesday, September 12 3:30 to 5:00 or 7:00 to 8:30 Wednesday, September 5 West Vail Lodge Wednesday, September 19 Meetines w/ Vail Town Council Wednesday, November 21 Tuesday, August 21 Evening Meeting to provide update on process, development agreement and request funding Tuesday, August 28 Executive Session - Land Negotiations and Deed Restriction Tuesday, September 18 Worksession to discuss Lease and Deed Restriction being proposed by VLHA to developer Tuesday, October 2 Evening meeting for reading of an ordinance for the Land Use Plan Amendment & Zoning Change as well as an ordinance to provide the VLHA the right to enter into a long-term land lease on the designated piece of the Mountain Bell site Tuesday, October 16 Evening meeting for 2"a reading of an ordinance for the Land Use Plan Amendment & Zoning Change as well as an ordinance to provide the VLHA the right to enter into a long-term land lease on the designated piece of the Mountain Bell site r Memorandum To: Vail Town Council From: Nina Timm on behalf of the Vail Local Housing Authority Date: August 21, 2001 Subject: Mountain Bell Site 1. Introduction In May of this year the Vail Town Council sitting ex officio as the Vail Local Housing Authority created goals for housing to be located on the Mountain Bell Site. The goals were stated in a Request for Proposals (RFP) that was sent out to over 80 firms throughout the United States. In an effort to create a Housing Authority that was independent of the Vail Town Council a new 5-member board was appointed to serve as the Housing Authority in June 2001. The new members of the Housing Authority were put in place between issuance and responses received to the RFP for the Mountain Bell Site. The Housing Authority received three responses to the Design, Build, Operate, and Manage RFP for the Site. The Housing Authority, Architectural Resource Consultants (ARC), and Town staff interviewed each team that responded. Each of the teams provided proposals that responded to the intent of the goals stated in the RFP. After lengthy evaluation of the proposals and their ability to meet the goals stated in the RFP a preference order for negotiating a Development Agreement was created. ARC and Jim Mulligan (Housing Authority Attorney) have been working to create a Deveh', ...ent Agreement with Coughlin & Company of Denver (Proposed Developer). Coughlin & Company have partnered with O'Dell Architects of Evergreen and Shaw Construction of Grand Junction to develop rental housing on the Mountain Bell Site for the Housing Authority. II. Today Initially a Letter of Understanding (LOU) was created between the Housing Authority and Coughlin & Co. The LOU outlined what were to be the deal points for the Development Agreement. At this point in time there are no longer any major deal points in the Development Agreement that the Housing Authority and Coughlin & Co. feel are insurmountable. The deal allows either the Developer or the Housing Authority to cease to be a party to the deal at various points in the future. As the development moves forward the cost of no longer participating in the deal becomes more expensive. There are two major financial thresholds for the Housing Authority. The first is on September 14, 2001 if an agreement can not be reached regarding unit mix and financing the deal is effectively over with Coughlin & Co. and the Housing Authority owes Coughlin $25,000, but does become the owner of the all work to date. The unit mix and rental rates will be agreed upon after a market study has been completed for the Housing Authority by the Housing Collaborative. After September 14, 2001 and prior to construction commencing the Housing Authority would be responsible for up to $250,000 in expenses incurred by Coughlin. The maximum of $250,000 would be pro- rated if fault for the project not moving forward were divided between the Housing Authority and/or the Town of Vail (TOV) and Coughlin. Again, the Housing Authority would then be assigned ownership for all of the work completed to date. III. Financial Needs To date, the Housing Authority has been utilizing the $15,000 provided by the Town Council in May. This money was set aside to conduct preliminary focus groups (prior to the RFP being sent out), issuing the RFP, staking of the 40% slope line, and other preliminary expenses. The Housing Authority continues to incur expenses related to the Mountain Bell Site. Some of the expenses include Attorney's fees, ARC'S fees, fees for the required impact/mitigation studies, a market study, and open houses. Many of the expenditures are for work that can be used if another developer is used for the project. The Housing Authority is requesting $250,000 in the supplemental appropriation. The Housing Authority would treat this money as a loan. The Housing Authority is requesting favorable repayment terms. The Housing Authority would like the length of the lease period (53-years) to be equal to the repayment period. If a housing develup ent was not built the Housing Authority would not be in a position to repay the loan and would look to the Town to forgive the debt. It is important to note that as the project moves forward with Coughlin an option payment on the land will be paid to the Housing Authority on October 31, 2002 another payment will be made at the time permanent financing is in place. After the units are occupied the Housing Authority has also negotiated an annual fee based on gross collected revenues. This will be used to off set their expenses for on-going review of the project. Additionally, the Housing Authority has negotiated a profit-sharing formula with the developer, while not sharing in the potential downside risk. Along with the request in the supplemental appropriation the Housing Authority, in the event something happens to cause the project to not move forward, would be looking to the Vail Town Council for potentially an additional $250,000 or a pro-rated share of this amount. This expense would only be incurred if the Town Council choose to no longer make the land available for the project. IV. The Land The Housing Authority is currently working under the assumption that the Town of Vail would continue to retain Fee Title to the land at Mountain Bell. The goal is to subdivide the portion of the land suitable for development (less than 10 acres of the overall site). The Housing Authority would be given the right to act on Council's behalf in leasing the subdivided land to a developer for a period of time not greater than 53-years. The lease would be subject to a deed restriction on the land as well. The lease would be set up as a two-phase deal. The first phase would be three years. In this time the Housing Authority must cause housing to be built on the site. If housing is not created in three years the Housing Authority's right to lease the land would expire. The second phase of the lease would be for 50-years and would commence when permanent financing was in place on the housing development. At the termination of the lease both the land and the improvements would revert to the Town of Vail free and clear. V. ABC and Learning Tree In the development program currently being negotiated the ABC and Learning Tree schools would receive a new 4,800 square foot building with the necessary outdoor play areas and drop-off areas. The building size is based on information that the two schools provided prior to the RFP being issued. It is estimated that this new building and associated improvements will cost approximately $1,000,000. The developer, as currently proposed, will pay for demolition as well as architecture separate from the $1,000,000. In the current Development Agreement the developer will construct a core and shell that is in keeping with the rest of the buildings on site and will provide the schools with a $50.00 / square foot tenant allowance to finish the interior. ARC, as part of its contract with the Housing Authority, will be helping the schools arrange for the interior work to be completed. VI. Conclusion The Vail Local Housing Authority is moving forward on implementing the goals set forth in the Request for Proposals on the Mountain Bell Site. A market study will be complete on August 24, 2001 to allow the Housing Authority and the Developer to create a unit mix and financing options that create a viable rental devel,,p...ent in the Town of Vail. A schedule of upcoming meetings and mile stones regarding the Mountain Bell development will be provided to Council at the meeting on Tuesday. Specific questions for the Town Council to address at this time are: ? Do you support a $250,000 supplemental appropriation, as a long-term loan to the Housing Authority? ? Do you support the overall timeframe and details for the proposed land lease? To: Vail Town Council From: Staff: Russ Forrest Date: August 21, 2001 Subject Ordinance 23: Request to grant an easement to the Booth Falls Homeowners Association to build a Rockfall Mitigation Wall on Town Property 1. REQUEST The Boothfalls Homeowners Association is requesting an easement on a portion of Parcel F, Vail Village 12th Filing. This is a parcel of land acquired by the Town from the U.S. Forest Service in the 1997 USFS/TOV land exchange. The sole purpose of this easement is to allow the Boothfalls Homeowners Association to construct a rock fall mitigation. This mitigation was supported by the Vail Town Council in 1996 and has been approved by the DRB on three different occasions. 2. ROCKFALL HAZARD The Booth Falls Townhomes are located in a high severity rockfall hazard. Large rocks have fallen and created damage to the property. In the spring of 1996, large rocks hit several of the units and one large rock came through the bedroom of one of the units at 11:00 p.m.. The Colorado Geological Survey was called in to evaluate the risk of future rockfall incidents. Their conclusion was that there was a very high risk of serious rock fall incidents in the future and mitigation was needed to protect life and property. There is currently a rockfall berm on Town Property that protects the properties to the east of this property. 3. BACKGROUND: In 1996, The Boothfalls homeowners requested that the Town assist in the design of rockfall mitigation for their property. The Town assisted financially by engaging engineers and soliciting the input of the Colorado State Geological Survey to develop a mitigation plan. Alternative technologies were evaluated such as nets, ditches, and walls. The development of a wall was proposed as the best technology for this site. The Town approved a design in 1996 that involved two walls. Then in 1998 the Town approved a design involving three walls that further improved the effectiveness of the mitigation. The DRB approval for the 1998 design lapsed and was re-approved by the DRB on August 15, 2001. The Homeowners would like to now immediately move forward with the construction of the wall that requires using a small area of Town Land (See attachment A). 1 a 4. EASEMENT TERMS The attached easement still needs to be reviewed by legal counsel and additional input will be available to the Council on the August 21St meeting. This agreement allows the association to build the wall at their expense on the land shown on Attachment A. Over half of the wall is located on association land. However the western two walls are located on Town land. The Association would be responsible for maintaining the walls. However, the Town would be responsible for removing large rocks when they fall and are trapped on the uphill side of the wall. This arrangement and the use of Town land was verbally approved by the Town Council in 1996. 5. STAFF RECOMENDATION This plan has been approved by the DRB on three occasions and by the Town Council in 1996 (See Attachments B & C). Staff believes that this is the best design to protect life and safety and the Town has utilized Town land in the past for hazard mitigation. Staff recommends approval of Ordinance 23 that would authorize the Town Manager to execute an easement to facilitate the construction of this wall. Attachment A: Site Plan & Hazard Map Attachment B: Profile of Wall Attachment C: Landscape Plan Attachment D: Letter from Colorado Geological Survey Attachment E: Ordinance 23 Attachment F: Draft easement language F:ICDEV%000NC I L\MEM OS\01 \BOOTHFALLS ROCKFALL820. DOC 2 ? \ \ \ 8660 1 a: low 8650 ~I: ar 8440 ~ \ 8640 Off 8630 8430 L 8620 r n vC el \ 6/0 86o 11,59 at 11,58 Q EROSION CONTROL LEGEND SILT FENCE SF SS (EROSION CONTROL) LIMITS OF - - I 854 EXCAVATION \ co Co l 910 o 8410 8420 rn o o ° ° '0 8S?p 5 NOTES: Q ; \ \ \ DISTURBED GROUND TO BE RESEEDED. SEE 1\ LANDSCAPE PLANS FOR SEED MIX. YENTER COMPANIES, INC. TOPOGRAPHY INFORMATION PROVIDED BY: ARVADA. COLORADO (303) 279-4458 ".00000,) JERRY GREVEN Scale: PROJECT: BOOTH FALLS FORTRESS BARRIER VAIL, COLORADO 1 1 20' PREPARED FOR: TOWN OF VAIL V o DRAWN BY: CLT / STB DATE: AUGUST 7, 2001 Attachment A: Site Plan r ~ t, wsn p ~/a, _ 4 v ~ t 4~ ' / a ~ ~ ~ f ~'.r • +~~~~,T;'~•~".~.I.f 4d ,~sY ?..M. a~~'.".!?A.'a:~~+~,J , F`SION ~x Via. 1t ~4 rvVr `A :Sh GEY'i2th.'' INS > r'1 4; g } ,t~, :a• ,i =+„ri' •.t, ~I.,•e;~F "r'J fa.R~' _ is Cr s'~,bp'h " 51 ;;a t 'r ` 298Q. $t_ ]1`ai;in%'i$.'ri''''Yfi.IL ,V14HFJr. ~j7T1 ! ILJ~f~ :L[ p' .L i a r"t' O T ai r , y j, +•'J .t^ y'F' ` y%; n . 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L",>',~."+, h; e..Y.~' ~~,p,,,~ "-mow a"=t f'R '{w't r S ' ~ ~ c ~ti ~ r 'o ~ ~ h- "•+a~ .'•~w.rik~e` 1 Prepared by PtrarhmPn A: Hazard Map I ~a a _ Specifications: Fortress Barrier Block: (typical) Standard load bearing concrete masonry units that Chain Link are earth tone in color for the front and sides. Rock Fence Geosynthetic Reinforcement: AMOCO 2006 or equivalent 11' Fill: Granular Soil Compacted Granular Fill Plastic Index less than 6 Less than 25% passing #200 sieve 100% passing 200mm sieve size Amoco 2006 Geosynthetic Compaction will be 92% of standard proctor Reinforcement (AASHTO T-99). Split-Faced Concrete Block: 15 lb buff on visible wall faces,., Note' standard CMU block on others Dimensions are nominal. 1 1 Effective Height o`~P pflLr6SlF9F wl: o~m 9G., o m 10329 10' 9'-6° 90~ . :'~o YENTER COMPANIES, INC. ARVADA COLORADO 303 279-4458 zn C2::~s PROJECT: BOOTH FALLS FORTRESS BARRIER PREPARED FOR: TOWN OF VAIL DRAWN BY: CLT GATE: AUGUST 7, 2001 x Attachment R : Profile of Wall General Notee/SoeeiticatioaR 1. AB plww.h.ia be'Calw.dn G.--, ifoot-U MACalwado Fhdd.d', w'Nedhem (hwwo .W b. -WNW.. AgwdMbemwyp- 2. All plw m.rwW aWlhe pi.ad lu plY hndW ? m?simou di°metr of 130%orl6? P~ mW mot Wl. ooodlnv roh®e. 3. All pMw mmwid nhoaldbh.oWMd whhaa put w.ll Tettedoilmnbhvo p.m bpadL d. AB hed.- plw q bde ebdl b. -.dd wob welt mwd muwMmmped mLvw* we A. yud eompowpr 330 e.L, ew WA. yd Wh•wum p~ Fu 250.1).W dW bb rock 6. lopadl b widnum depW olb•. 3. ALL n6mb bedsad tna weW.h.LL teaelweoJolmumd3•eweddd h.dwmdbrt mal.4 d. AR deaMuow tnr nh.ll be provided whh.o.e wdW iti Ww. Wdbanmb.-*-.w.o dh.riey. mbtimum nh.dow deph.f P. \ 7. AB d dd.- dew 2-W oaL ad ww- b W whd P dad T A" nod pyad whh d14 pp 'o m piv.Wr.d win and i•HPwM..13' F-A-dae ntyw ? °f IL AB.ew)ypWoa dw••eddlbe mdkdwlM tlme oCm.I.IWIao. Rod Podlo9dWl-Wd.RgddpwwW \ Pr n n atmrl.bc, bobdby dwmb a.2md.dow nleus 6at01wcaompondd141410 s1%4ae. 9.All o-iypMmW t.. .4 d uW W"ndeva&W.4.u- Hwd-"..iwq yi.Swim A .u 100%ormhp. 11e go- eh.6 b.. A-Ado. PT = 10. u th.u W m. L®dwape c®dwati teym.wuty m omr b.u a.d~ w6sd. u coma m m. dnw6~e 8440 wt.oh.l..l.peai6wtlwa. Any dwaap.odw,ddetlou,.ddidma,mdoaatlom mthednwbya atpml6cadw. eC rr t d dWl bep..W mw1hiM w bep 4m l+•d•••p• Amhd.d pd. w i.AdM- 3 11. [.aodwWCame.cbl.Wlmbmil th. CooV•oYn wddm dwumad npudbi id PdwY foPWtpuu+ome 1 n \ C ad ~epluluemw m the Owaw. ILwh `uuaow. abdl oo.fum b me minimum nt.dW of npl.do; d ~ q ` PT t mdmi.L mcaudioe I.bw, dw m b.,.icmwa ardw6 of. paw la IW pedd done yeu we.wbe Be.l wcpaoo.. 8430 m ~ a C PP n ~.14\, PLANr srHFnilLE _ PT ~ SYM. CILJMON NA4AE ~CIENTIFlC NAMG OTV tl7,E, PT WAKING ASPEN POPULUS TREMULOIDES B6 1)I'-2' CAL a PT PP COLORADO SPRUCE PICEA PUNGENS 15 AS SHOWN PP n AME SASKATOON SERMCEBERRY AMELANCHtER AL14WOUA 17 /5 PT ? SYM MOUNTAIN SNOWBERRY SYMPHORICARPOS DROEPHILUS 27 /5 \ JUC EFFUSA JUNIPER JUNIPERUS COMMUNIS EFFUSA 30 #5 \ \ CA SIBERIAN PEASHRUB CARAGANA ARBORESCENS 6 Y5 \ RW WOOD'S ROSE ROSA WOODSO 6 M5 P ~ c t Pr ~ \ Y, 8.5 1 \ 7Q 5 PT S60 1 \ SSD r VENTER COMPAWK C. ARVADA. DO 00 M- PROM" DOM FM" -,.-a lox= n h AMA" FOW ROM MLS HCAM O "M ARSOLL M CLT f)A1~ 6BP1P3dB®t 3% aW LJ I.IJ`J U L_L.l~ MM ur Attachment C: Landscape Plan SEP-21--98^04:02 AMV COLO-GEO_SURV. 3038942174 P.01 e HATE OF C0L0RA.P0_-_ COLORGEp1.t7G11:'AL SURVEY niv+siutr u( m--fats mid C,,•ulwr,} Drli,ntnrr•rf r,( Ndta,.ll K,av,+.tr r~ 1111 Shcm,a„ tir,.•rf, P<:urm 'I' _ r)invrr, t ulelra~tu RI??f~ 1 I'h,ine 11U.1) 111,1, _'G i I Ax r u, a also 240 Post-N' Fax N0141 7671 D 9~L ( l~a9C/0 Z UO~E}PARTTMENtn0 n f L from K G?Wf ~G~ 1 V AT V R!~ L ~~O f3a b r 4'D l T r! Soptemb:r 21. 1998 p?u,n, M / Fhon"' Nup Kn:nri Mr. Russell Forrest r.., 11u k,r Senior Environmental l)lawlei uw Ie,.•i If i u,c 'T'own cif Vail V,~,,,. 1i C1,wa.,M..;,, . r1 75 South rrontage Road and Vail, CO R 1657 1": Revicw of Yep:ter C'ompanics Rockfall Mitigation Ahernative for Booth Falls Condominiums. I Dear Mr. Forrest: At the request of the 'T'own of Vail, the Colorado .Geological Survey has reviewed the altenlative design for rockfali lirotectiotl for the Rooth lulls Condoininium complex provided by Yenta Companies, We Lonctir wild Mr. 1.3arrett's ~10ycsSlne tit that their wall will provide the same level of protection to the Booth Creek Colldonliiihons as the original AKS design. In certain aspects, 911ch is the negative batter of file 1111lsuzt side of the. wall and the spray fence oil the top of the wall, it is, in fact 'a better, more conservative dosign. It appears that (lie wall geometries conform to the minimum requirements this office felt was necessary for c11*L: tine; rockfall nlitigittiun of this site- Upon review of the design of the pruteetit)n systC111 faxed to this office by Ycnter Companies, we have the Sallie Illill )r collcerll ai stated in my original Novombcr 20, 1997 review Icttcr. Those Concerns and recotllmcntiations are listed below: Unless Yentcy C'ompanics have extended the 8 foot wall to improve the two wall's overlap, the 12 foot high wall should retain its full height as it extrntls io the servicz rclud. Tht: (Wired reduction at the wail cad creates the lxltential for txninding ricks to possibly houncc over the reduced wall height purtiutt, and miss the end of the 8 foot wall The Y4ntcr notes indicate that the grading of'the scrvicc road is still plantled in front of the R ('()of high %vall. That is still required unless the wall height is increased, as explained in the November 20. 1991 review letter. A locked gme 4hould he installed tit prevent ttllautholiz,rtl vvhicle access into the clean-out zone_m tiorit of'tl)c impact with. Attachment D: Letter from Colorado Geological Survey I - - 6 0402 AM C040-GEC-SURV. 3036942374 P.02 Noah rulb RA dcsip review. N&C 2 The'Vown of Vail must take measures to insure that the rockfall protection system, w1len constrouml, does not deviate from the plans, specifications, and our recommendations without prior approval. In conclusion, the CGS bclit;vcs that the Ycntcr Cuml-:mies design for rockfall protection at the Bootlt Falls COM10111iniu111s is an cuclIent design and will also provide rockfall protection the Booth C'reck Conduminim s so desperately need. II'yuu, or any other concerned or interested party have any questions please contact this office at (303)894-2167. Sincerely, ~v~fC~.GO Jonathan 1... While Project Fngincering Gi;ologist cc: B. Barrett, Ycntcr C'ompames, fax only W.P. Rogers, CGS File ORDINANCE NO. 23 SERIES OF 2001 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO THE BOOTH FALLS HOMEOWNERS ASSOCIATION TO CONSTRUCT A ROCK FALL MITIGATION WALL ON A PORTION OF PARCEL F, VAIL VILLAGE 12TH FILING OWNED BY THE TOWN OF VAIL AND, MORE FULLY DESCRIBED AS FOLLOWS: A parcel of land North of and adjacent to a part of Lot 1, Block 2 Vail Village Twelfth Filing, County of Eagle, State of Colorado more particularly described as: Beginning at the Northeast Corner of said Lot 1; thence N89°24' 12"W,42.85 feet to a point on the Northerly Boundary of said Lot 1, which is the TRUE POINT OF BEGINNING; thence NO0° 18'1 4"E, 150.00 feet; thence N89° 24'1 3"W, 534.12 feet; thence SO0° 18'14"W, 150.00 feet to the Northwesterly Corner of said Lot 1; thence S89° 24'13"E, 534.12 feet along the Northerly- Boundary of said Lot 1 and along the East-West Centerline of said Section 2 to the TRUE POINT OF BEGINNING. WHEREAS, the Town of Vail is the owner of certain property known as a the Portion of Parcel F, Vail Village 12th Filing. WHEREAS, this property was acquired by the Town of Vail from the U.S Forrest Service through a Land Exchange without deed restriction concerning use or transfer; and WHEREAS the property located on 3094 Booth Falls Road is located in a severe rockfall hazard and there has been a history of rockfall damage to that property. WHEREAS the creation of a rockfall mitigation wall is critical to help protect the safety of the inhabitants of 3094 Booth Falls Road and to reduce the risk of property damage to that property WHEREAS the State of Colorado Geological Survey has provided a letter which concludes that this wall is "an excellent design" and "will provide rockfall protection for the Booth Falls Town Homes; WHEREAS the Town of Vail Design Review Board approved the design on August 15tH, 2001. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves an easement on the property for the purpose of constructing a Rockfall Mitigation Wall. 2. The Town Manager is hereby authorized and directed to execute an easement with the Booth Falls Homeowners Association to allow the construction of said wall on a portion of Parcel F, Vail Village 12th Filing. 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 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. 5. 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 21st day of August, 2001, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Al i bST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of September, 2001. Ludwig Kurz, Mayor Ai i hST: Lorelei Donaldson, Town Clerk AUG. -06' 01 (MON) 13:20 P. 004 Aug-06-01 01:29P P.04 EASEMENT AGREEMENT. TILTS EASENONT AGREEMENT is made and entered into this _ day orAugust, 2001, by and between THE TOWN OF VAIL, a Colorado municipal corporation ("Grantor"), whose address is and BOOTH FALLS HOMEOWNERS ASSOCTAT(ON, a Colorado nonprofit corporation ('`Grantee"), whose address is . . This Easement Agreement is made and entered into in contemplation of the following facts and circumstances: A. Grantor is the owner of certain real property located in Eagle County, Colorado, which is more particularly described on the Exhibit A attached hereto and incorporated herein by this reference (the "Easement Prop e B. Grantee is a homeowners' association with regard to a condominium development in Eagle- County, Colorado commonly known as "Booth Falls Condominiums", which is more particularly described on the ,ibit B attached hereto and incorporated herein by this reference (the; '$Denefitted Properiv"). The Benefited Property is adjacent to the Easement Property. C. Grantee desires to construct multiple rock fall mitigation barriers on the Easement Property forthe purpose of protecting the Benefitted Property, and Grantor desires to grant Grantee an easement on the Easement Property for such purpose, on the terms and conditions herein. NOW, THEREFORE, FOR AND IN CONSTDERATTON OF Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Subject to the terns, conditions, reservations and restrictions set forth herein, Grantor hereby grants, assigns and sets over to Grantee an exclusive perpetual appurtenant easement to construct. install, plant, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove rock fall mitigation barriers, trees, rocks and ground cover, at Grantee's sole cost and expense, for the purpose of protecting the Benefitted Property from rock fall and related hazards, as may 5u... time to time be useful to, or required by, Grantee, under, through and across the Easement Property. Grantee shall be solely responsible for all expenses associated with the exercise of its rights hereunder, except that Grantor shall remove, at its sole cost and expense, all rock fall and other debris which may fforn time to time be collected behind such rock fall mitigation barriers; and Grantor shall undertake and complete such removal at such times as are reasonably necessary to ensure the proper operation and function of the rock fall barriers. 2. Grantor covenants and agrees (a) that it shall not erect or place, nor shall it allow or permit any other person or entity to erect or place, any permanent building, structure, improvement, tree or fence on any portion of the Easement Property, and (b) that Grantor shall be liable for their removal if any such items are so placed or erected, and Grantor shall, at Grantor's sole expense, promptly remove any such items so placed or erected an any portion of the Easement Property. 2 Attachment F: Draft easement language AUG. -06' 01 (MON) 13=21 P. 006 Aug-06-01 01:30P P.06 COUNTY OF STATE OF COLORADO ) The forgoing instrument was acknowledged before me this day of , 2001 by as the of the Town. of Vail, on behalf of the Town. Witness my hand and official seal. - Notary Public, My commission expires, COUNTY OF ) is. STATE OF COLORADO ) The forgoing instrument was acknowledged before me this day of ; 2001 by , as the of Bnoth Falls Homeowners Association, on behalf of the corporation. Witness my hand and official seal. Notary Public My commission expires: 3 AUG. -06' 01 (MON) 13:22 P. 008 Aug-06-01 01:30P P-OS EXnin1T B TO EASEMENT AGREEMENT (Bonefitted Property) A part of Lot 1, Block 2, Vail Village, Twelfth Filing, County ofF.al le, State of Colorado, more particularly described as follows: Beginning at the Northeast Corner of Said Lot 1; thence N89024'13 "W, 47,85 feet to a point on the Northerly Boundary of said Lot 1, which is the TRUE POTMr OF BEGINNINQ thence SOO* 18'14" W, 188.12 feet to a point on the Southerly Boundary of Said lot 1; thence N89°41'46"W, 96,75 feet; thence S48°2849"W, 147.80 feet to a point on a curve; thence 75.81 feet along the arc ofa curve to the left, said curve having a radius of 261.14 feet and it long chord N49°49'56"W, 75,55 feet; thence N58'09'13"W, 60,97 feet to a point of curvature; thence 178.33 feet along the arc of a curve to the left, said curve having a radius of 331.16 feet and a chord N73 *34'50"W, 176.19 feet to a point of curvature; thence 34,76 feet along the arc of a curve to the right, said curve having a radius of 25.00 feet and a chord N49' 11128"W, 32.02 feet; thence N09019'56"W, 141,37 feet to the Northwesterly Corner of said Lot 1; thence S89°24'13"E, 534.12 feet along the Northerly Boundary of said Lot 1 and along the East-West Centerline of said Section 2 to the TRUE POINT OF BEGINNING, said part containing 106,386.34 square feet or 2.442 Acres more or less. Danger Rock Fall ' r t ~ r fX"I r ~ Ca 57 ~ • • I ak ~ f~ t t -d~ ~ ~ is a+* s „r F fit' ~ A Y s4 {A a hr / z 1~r1; V,om IF foritage \/Iew k- -n. t 0 J -fop. \iqalls East o of Location . r W? 4 Y-,.,°isxt ~Y 4,1'~ '.1!'E~..VM'l..N y ~.c. ,4~~N ~ f~ A~~" ~~`,v 1'4, t•"i r to r ra'h` 1K t `:4+r ,.y ' ~1f t k~ ~t } 5 y ` ~ Y' r w..• - alit.. l~1i14~~r.:sr4 rSs:~•.+r2 r_.3. t~~.- Location of Wesst Wall View of F M . P ~ hh a "`[rt P M i Y+P t i r Y, 4?~, t t View from Wall towards Valley p A cr' y~/ 5 ,rr 1-- ~ r~ d rat !:E ~ - r v. $ t'•-.~ 1 " t':1f ! Y ref hf4~ a. ~ i. Il~~~s'~f wr~~•; f 1 S a I, y , i 7 ~y~ _ , 1. ) I ? ~ v v r , ' ?°l1A ~'t'~~ ~'.[:k ~y:I rr f i k Lug,- r , ~ ,y 1~r~, ~ r ~ F"~ -x ar f• rr ~ rY144S"xly~l~.' rl j.r f ~ ~ ~ . i S i ~ § ~ . ` fi 'N.lr r2 {yh 13j 1 4.., { i , v: $ ! 4 j l>,. rf ~~ttrr~l Tv >r i {n ''l 7 ' ;V r -r r.''~. y' ^.a y.,~",ter ,r ~'y yrr ; _y`I ,-~/1, i1;j'~, ~fl Yq ,l a ` s ~1, t Y ~ ~-x•'a~ ' v , ~ t ~s~. `IMF * ; r ~ ~ ~ S~, ~1 I~ir". y V. 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W 11 t%1.~ ONE: Emp MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: August 21, 2001 UPCOMING ITEMS: August 28. 2001 Work Session Neighborhood Picnic - Ellefson Park RETT and Capital Projects Discussion Contributions Requests PEC Report Discussion of Ski Storage in Lionshead Next Bus Update September 4. 2001 Work Session Disney Trip Report/Vail Standards Discussion Special Events/Information Services Presentations Vail Today Discussion Building Materials Regulation Ordinance Discussion Gateway SDD Ordinance Discussion Highland Meadows Annexation Discussion September 4. 2001. Evenina Meetinq Community Survey Results Wilderness Designation Building Materials Regulations Ordinance, 1St reading Lionshead Ski Storage Ordinance, 1St reading Gateway SDD Ordinance, 1 st reading Supplemental Ordinance, 1St reading Housing Zone District Ordinance, 2nd reading Vail Village Inn Ordinance, 2nd reading Charter Amendment, 2nd reading Booth Falls Townhomes Rockfall Easement Ord., 2"d reading 08/17/2001 10:52:44 AM e.l TO: Mary Caster - TOV 4792157 FROM: Jim Lamont VVHA DATE: 08/17/2001 Number of Pages: 2 Message: Mary: Would you please include the following letter in today's Town Council packet. Thank you. Jim Lamont 08/17/2001 10:52:99 M P.2 VAIL VILLAGE HOMEOWNERS ASSOCIATION, INC. President - Bob Galvin Secretary - Gretta Parks Treasurer - Patrick Gramm Executive Director - Jim Lamont Directors: Judith Berkowitz - Dolph Bridgewater - Ellie Caulkins - Alan Kosloff - Ron Langley - Bill Morton To: Town of Vail Town Council From: Jim Lamont Date: August 17, 2001 RE: Vail Plaza Hotel East Wing Special Develvp ..ent District - Rehearing The Homeowners Association urges the Town Council in its rehearing of the Vail Plaza Hotel East Wing Special Devel„r... ent District to consider the following recommendations. 1. Rectify outstanding conflicts with adjacent property owners by eliminating duplication of facilities and lowering some areas of excessive building height to cause the proposal to be consistent with the height provisions for the site in the Vail Village Master Plan. 2. Adjust and make consistent with facilities and standards approved for the Vail Plaza Hotel West Wing. I Cause the interconnection of parking structures and loading & delivery facilities within the entirety of the Vail Village Inn Special Devel"Im~ent District. 4. Facilitate the physical interconnection of pedestrian and vehicular circulation between the East and West Wings. The applicant has represented to the Town Council that certain facilities are to be mutually supported and physically interconnected, e.g. combined bed base of the East and West Wings to justify the capacity and size of the West Wing convention facilities. It is hoped that by making these adjustments that existing or future litigation by adjacent property owners will be unnecessary. It is the desire of the Association that both projects proceed to completion, in a timely manner, under the condition that all affected property owners receive fair, consistent, and equal treatment. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Voice Mail/FAX: (970) 827-5856 e-mail: whaevail.net i, yi.vailhomeowmers.com VAIL SUMMER EVENTS 2001 • PRELIMINARY FINDINGS Events That Should be Emphasized When asked which one type of event should be emphasized the results were slightly different. Arts and } cultural events were chosen by 30 percent of visitors followed by rock/popular music/concerts and street festivals (both with 24 percent). Sporting events/activities were chosen by 19 percent of visitors and only 3 percent of visitors felt educational events should be emphasized. Again, when examining the results by the different events the visitors were attending the results are very f. diverse as shown below. • 64 percent of Bravo! Music Festival attendees said arts/cultural events should be emphasized. • 51 percent of the Lacrosse event attendees felt sporting events/activities should be emphasized. Figure 3 Which Event Should Be Most Emphasized? 70% e ~ a M Arts/culture/symphony/dance 60% - - ® Educational events El Rock/popular musiclconcerts 50°k _ O Sporting events/activities ¦ Street festivals o M C 40% - d ac a e d 30% M - - - N - 0 0 0 0 o N d N N o N N N o ~ e o 20% o e e r e O O 0 A-Re 10% - e CO M i M e \ 0% OVERALL Big Wheel Summer Bravo! Summer July Events- July Events- 'n' Chili Arts Festival Sports Festival 4th Parade Lacrosse s*ftailksummer120011Vail Summer Events Preliminary Report.doc RRC ASSOCIATES 5 LAW OFFICES JOE DUNN & ABPLANALP, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN WESTSTAR BANK BUILDING TELEPHONE: ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST (970) 476-0300 INGA HAAGENSON CAUSEY FACSIMILE: SUITE 300 (970) 476-4765 OF COUNSEL: VAIL, COLORADO JERRY W. HANNAH highcountrylaw.com 81657-5087 a-maiL• vaillaw@vaiLnet CERTIFIED LEGAL ASSISTANT August 16, 2001 KAREN M. DUNN, CLAS Town Council Town of Vail 75 South Frontage Road Vail CO 81657 Re: Vail Plaza Hotel Project Dear Mayor and Council: We represent Charles Lipcon, John Breyo and Sundial LLP, owners of residential units at Vail Gateway Plaza, and Germaine Harmon, the owner of a residential unit at Village Inn Condominiums. Those persons are plaintiffs in a proceeding which has appealed to the district court the Town's approval of Ordinances Nos. 1 and 4, Series of 2000. It is our understanding that, on August 13, 2001, the Planning and Environmental Commission recommended approval of the application by Daymer Corporation for re-enactment of Ordinance No. 4 and that such recommendation will be presented to you at your next regular meeting on August 21, 2001. The purpose of this letter is to object to your consideration of the Commission's recommendation for approval of Daymer Corporation's application at a time when the district court has exclusive jurisdiction over Ordinance No. 4. Enclosed is a copy of a motion we have filed in the district court, seeking an order staying proceedings before the Town. It is respectfully requested that consideration of the recommendation be tabled until the district court has ruled on the motion. Thank you very much. Yours very truly, DUNN & 7ALP, P.C. John W. Dunn JWD:ipse cc. Mr. Lipcon DISTRICT COURT, EAGLE COUNTY, COLORADO Court Address: P. 0. Box 597, Eagle, CO 81631 Plaintiffs: CHARLES R. LIPCON, IRMGARD LIPCON, VAIL SUNDIAL L.P., JOHN BREYO AND GERMAINE F. HARMON A COURT USE ONLY A Defendants: TOWN OF VAIL, TOWN COUNCIL OF THE TOWN OF VAIL AND DAYMER Case Number: 00 CV 67 CORPORATION, a Netherlands Antilles corporation Attorney: for Plaintiffs Div: H Ctrm: Name: John W. Dunn Dunn & Abplanalp, P. C. Address: 108 S. Frontage Road W., Suite 300 Vail, Colorado 81657 Phone Number: (970) 476-0300 Atty. Reg.# 1421 MOTION FOR STAY OF PROCEEDINGS BEFORE THE TOWN COME NOW the Plaintiffs by their attorneys, Dunn & Abplanalp, P.C. and move pursuant to Rule 106(a)(4)(V) for a stay of proceedings before the Defendant, Town of Vail ("the Town"); CERTIFICATION It is hereby certified, pursuant to Section 1-115(8), Rule 121, C.R.C.P., that the undersigned has conferred or attempted to confer by telephone with opposing counsel regarding the subject of this motion. GROUNDS 1. This is a proceeding wherein the Plaintiffs appeal the Town's adoption of Ordinances Nos. 1 and 4, Series of 2000, based principally on errors in notice and the failure of the Town to comply with the Vail Village Master Plan. Briefing of those issues is in progress, the Defendants' Answer Briefs being due on August 10, 2001. 2. As appears from Exhibit "A" hereto, Defendant, Daymer Corporation ("Daymer") has filed an application for Planning and Environmental Commission Approval of the "re-enactment of Ordinance No. 4 (Series 2000)." Hearing before the Planning and Environmental Commission ("PEC") is scheduled for August 13, 2001, at which time, upon information and belief, the PEC will be asked to make a recommendation to the Defendant, Town Council of the Town of Vail ("the Council") to re-enact Ordinance No. 4, Series of 2000. 3. The Town and Town Council do not have jurisdiction to reopen proceedings before them as to a decision which has been appealed to this Court. Andreatta v. Kuhlman, 43 Colo. App. 200, 600 P.2d 119 (1979); Moschetti v. Board of Zoning Adjustment, 40 Colo. App. 156, 574 P.2d 874 (1977); see also, Bethesda Foundation v. Colorado Dep't of Social Services, 877 P.2d 860 (Colo. 1994). 4. If the Town is permitted to proceed with reenactment of Ordinance No. 4, Plaintiffs will be obliged to amend their amended complaint,' move to supplement the record and supplement their briefing, all at significant cost. 5. Even if the Town succeeds in correcting notice errors ,2 the issue of the Town's compliance with the Vail Village Master Plan will remain. The promotion of the efficient dispensing of justice requires that the Court rule on all issues before it before the Town reconsiders its actions. 6. If the Town is permitted to proceed in the fashion it proposes, there is nothing to prevent it, in this or other cases, from continuing its efforts at "fixing" its ordinances, driving up costs of litigation and delaying any final decision on the actions of the Town.' WHEREFORE, Plaintiffs move that the Town be stayed from further consideration of the application of Daymer for the major amendment of Special Development District No. 6, including re-enactment of Ordinances Nos. 1 or 4, Series of 2000. ' Plaintiffs already have amended their complaint once, after adoption of Ordinance No. 4. Ordinance No. 1 approved the Vail Plaza Hotel project, which is the subject of this proceeding, while Ordinance No. 4 imposed on-site employee housing requirements on the project. Plaintiffs filed their original complaint after the adoption of Ordinance No. 1 but withheld service of it until the adoption of Ordinance No. 4. z There is even a question whether all notice errors will be corrected. Some of the issues of notice herein relate to the applicability of state statute to the Town as a home-rule municipality. It is doubtful that the Town will accept Plaintiffs' position in that regard in connection with the re-enactment of Ordinance No. 4. 3 Taken to its logical extreme, the Town Council could re-enact ordinances on a twice- monthly basis, exhausting those who challenge its decisions. DATED the day of August, 2001. CHARLES R. LIPCON, pro se DUNN & AB LANALP, P.C. By: ; A- ohn W. Dunn ~ttomey y for Plaintiffs CERTIFICATE OF MAILING I hereby certify that on the Et t, day of August, 2001, I mailed a copy of the foregoing to all attorneys of record. RECEIVED AUG 1 4 2NI LAW OFFICES OF CHARLES R. LIPCON One Biscayne Tower - Suite 2480 2 South Biscayne Boulevard Miami, Florida 33131-1806 Ricardo V. Alsina* Telephone: (305) 373-3016 Joanne Diez Toll Free: (800) 838-2759 Daniel A. Garcia Facsimile: (305) 373-6204 Charles R. Lipcon Web: www.lipcon.com Jason R. Margulies- E-Mail: sealaw@aol.com *of counsel August 9, 2001 Mayor Kurz, Town Council, and George Ruther VIA MAIL 75 South Frontage Road Vail, Colorado 81657 Re: Vail Village Inn, SDD #6 Dear Mayor Kurz, Town Council, and George Ruther This letter is to object to the renewed effort of Daymer Corporation to attempt for the third time to obtain a proper approval of their request to amend SDD #6. These objections are in addition to the objections previously raised when Daymer's request to amend SDD #6 was considered for the first two times. My additional objections are based on the following': 1. The requested amendment is in violation of the Vail Village Master Plan which was adopted by ordinance when it was incorporated into the Special Development ordinance which includes the Comprehensive Plan. This was recognized by Daymer when they initially filed a request to amend the Vail Village Master Plan which they subsequently had withdrawn. The proper way to change the Vail Village Master Plan is to go through the procedures referencing the Master Plan and not by simply ignoring the Vail Village Master Plan or saying that it does not apply. Vail Village has a unique Alpine Village feel to it which has been referenced directly or indirectly in the Town of Vail's web site, the Town of Vail Village Master Plan, the Town of Vail Town Charter and the resolution adopting the Vail Village Master Plan. 'Much of this information was discovered during the lawsuit that I brought in Federal Court for violation of my constitutional rights under the United States Constitution. John Dunn, attorney at law, previously submitted a legal memorandum to the Town of Vail explaining why the Vail Village Master Plan must be followed. 2. Those members of the Town Council with connections to Vail Resorts should abstain from voting due to conflicts of interest as required by the Town of Vail Charter and as required by the United States Constitution. The proceedings in front of the Town Council of Vail are considered quasi judicial which requires that the council members voting on the issues raised by the requested amendment to SDD # 6 be impartial and not in any way biased. During discovery in Federal Court, I learned that Apollo the parent of Vail Resorts, entered into a written agreement with Daymer Corporation, to not oppose Daymer's redevelopment of the Vail Village Inn.2 This agreement was negotiated by James Mandell, a Vail Resorts employee and Jay Peterson, attorney in fact, for Daymer prior to Daymer's application to amend SDD # 6. A copy of the pertinent deposition portions are attached as exhibit C. UP TO NOW NEITHER JAY PETERSON, DAYMER. NOR THE MEMBERS OF THE TOWN, COUNCIL PUBLICLY REVEALED THE AGREEMENT TO NOT OPPOSE THE VAIL VILLAGE INN REDEVELOPMENT. THOSE COUNCIL MEMBERS WITH, FINANCIAL /BUSINESS TIES TO VAIL RESORTS SHOULD ABSTAIN FROM VOTING ON DAYMER'S REOUEST TO AMEND SDD 46. A. Greg Moffet. I am presently suing Greg Moffet for violation of the Town of Vail Charter with respect to his company Tiga Advertising having a contract with the Town of Vail, that I canceled under the provisions allowing for cancellation in the Town of Vail Charter. Greg Moffet testified in a deposition taken for federal court purposes that he had an animosity towards me. A copy of excerpts of his transcript on this point are attached as exhibit 1. Further Greg Moffet sold or sells advertising to Vail Resorts and as such has a financial/business relationship to them as well as other ties. B. Rod Slifer: Rod Slifer's brokerage firm is in partnership with Vail Resorts and as such has a close financial/business relationship to Vail Resorts. A copy of Rod Slifer's deposition excerpts are attached on this point as exhibit 2. Further Rod Slifer has other conflicts of interest since he was my broker with respect to the sale of unit #3 at the Vail Gateway and was at one time the broker for the sale of unit #4. Additionally, Rod Slifer and Waldir Prado testified about meetings during which it was discussed that Rod Slifer's brokerage firm was asked to handle the sale of the time share units in Daymer's proposed project. Slifer testified these meetings took place before the vote to approve Daymer's application to amend SDD #6, while Prado said the meeting took place after the vote. Since 2Apollo has the right to appoint two third's of the Board of Directors for Vail Resorts and thereby controls Vail Resorts. a new vote is being taken, the meetings would have occurred before this new vote whether you believe Slifer's version or Prado's version of what occurred. A copy of the pertinent testimony is attached as exhibit 3. C. Ludwig Kurz: Ludwig Kurz works directly or indirectly with Vail Resorts. A call to the central switchboard operator for Vail Resorts allows for a direct connection to Ludwig Kurz. In addition, Vail Resorts on their computer system, lists Ludwig Kurz as an employee. A copy is attached as exhibit 4. Since the three council members listed above work with or for Vail Resorts, they should not vote on Daymer's Amendment to SDD # 6, that Vail Resorts has already agreed in advance to not oppose. This raises serious questions about the impartiality of these council members who are supposed to be acting as quasi judges. 3. The entire Town Council of Vail has a conflict since Daymer provided economic studies indicating to the Town of Vail, how much additional money the Town will receive as a result of violating the Vail Village master plan and approving Daymer's proposed amendment to SDD # 6. 4. During the deposition of Daymer Corporation in Federal Court, Daymer refused to reveal the source of its funds with respect to the Vail Village Inn. This is specially significant since Daymer is a Netherlands Antilles Corporation and could be fronting for one or more undesirable. Further Daymer is unable to demonstrate that they have the financial ability to build their proposed project. 5. Jay Peterson and his firm have been the attorneys for a. Leo Palmer, developer of the Vail Gateway and presently owner of unit 7; b. Irmgard Lipcon co-owner of unit 5 in the Vail Gateway; and c. Stoltz, owners of the commercial condominiums in the Vail Gateway. Mr. Peterson was requested by Leo Palmer to not represent Daymer in these proceedings which Mr. Peterson has ignored. Further Mr. Peterson's firm has worked with me on several legal matters a co-counsel. 6. The PEC and the Town Council have met with Daymer in "work sessions" during which negotiations and directions were provided with to Daymer's with respect to it's application to amend SSD #6. These meetings resulted in Daymer's project receiving approval prior to the public meetings during which the Town Council was to make an impartial decision on matters that were already decided prior to public input. Very Trul Yours, Chars R. Lipcon 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2 CASE NO. 00-D-779 3 C E 4 DEPOSITION OF'GREGORY MOFFET - DECEMBER 6, 2000 5 6 CHARLES R. LIPCON, 7 Plaintiff, 8 V. 9 TOWN OF VAIL, a municipal corporation, 10 TOWN COUNCIL OF THE TOWN OF VAIL, and DAYMER CORPORATION, N.V., 11 a Netherlands Antilles corporation. 12 Defendants. 13 14 15 16 17 PURSUANT TO NOTICE the deposition of GREGORY MOFFET, was taken on behalf of the 18 Plaintiff at the Vail Gateway Plaza, Unit 5, Vail, Colorado 81657, on December 6, 2000, at 19 10:39 a.m., before Marie E. Schmidt, Professional Shorthand Reporter and Notary 20 Public within Colorado. 21 22 23 24 25 rr Independent Court Reporting _ 55 A. I believe so. .2 Q. Did you answer it? 3 A. No. 4 Q. Why not? 5 A. I believe I was being sued by you at the 6 time. 7 Q. Is that why you didn't answer? 8 A. One of the reasons. 9 Q. Did you vote on the Vail Plaza Hotel 10 proposal after you were being sued? -.11 A. I can't remember the exact sequence, but 12 I voted on the Vail Plaza Hotel twice at least two 13 separate ordinances. 14 Q. Did the Town of Vail or the Town Council 15 investigate if you or any of the other council members 16 had a conflict of interest with respect to the Vail 17 Plaza Hotel proposal? 18 A. No. 19 Q. Are any of the Town council members, to 20 your knowledge, did they have any animosity towards me 21 after I appealed the approval of ordinance one two two 22 thousand (phonetic)? That's the first time the Vail 23 Plaza Hotel proposal was approved. 24 A. Was it before you started suing people? 25 Q. Yes. Independent Court Reporting bb 1 A. Then no. 2 Q. What about after the suits, was there 3 animosity by the Town Council members? 4 MR. MIRE: Objection; calls for speculation. 5 THE WITNESS: I don't know about anybody 6 else. 7 Q. BY MR. LIPCON: What about you? 8 A. Well, I already testified it made me 9 angry. 10 Q. Did you discuss the Vail Plaza Hotel 11 proposal with any of the other Town Council members? 12 A. Yes. 13 Q. And did you discuss it with them after I 14 had sued you? 15 A. Yes. I may add to that it may have been 16 more in the nature of discussing being sued by you 17 over this issue. 18 Q. Did you discuss with any of the Town 5 19 Council members the my letters and e-mails to the 20 effect that various council members had a conflict of 21 interest? 22 A. I don't recall specific discussions, but 23 that doesn't mean I didn't have them. 24 Q. Did you have any advertising for hotels 25 in Vail Village before you turned Tiga Advertising Independent Court Reporting _ COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action 00-D-779 Deposition of Rodney E. Slifer, December 7, 2000 CHARLES R. LIPCON, Plaintiff, VS. TOWN OF VAIL, a municipal corporation; TOWN COUNCIL OF THE TOWN OF VAIL; and DAYMER CORPORATION, N.V., a Netherlands Antilles corporation, Defendants. PURSUANT TO NOTICE, the Deposition of RODNEY E. SLIFER, a witness herein, was taken by the Plaintiff pursuant to the pertinent Colorado Rules of Civil Procedure at 4:00 P.M. at the Home of Charles Lipcon, 12 S. Frontage Road, Vail, Colorado 81657 before Randy A. Slane, Notary Public and Professional Shorthand Reporter, within and for the State of Colorado. SUMMIT REPORTING I e% n A , . - - . . - 17 1 230 Bridge Street, it's the real estate brokerage 2 company, Slifer Smith & Frampton, and Off Piste, spelled 3 P-i-s-t-e, Sports, ski and garment, apparel shop. 4 Q Does any of your rental income come from Vail 5 Associates or Vail Resorts or a related entity? 6 A Slifer Smith & Frampton, Vail Associates Real 7 Estate pays rent to me, so half of that would come from 8 Vail Resorts. 9 Q And do you have a 50/50 deal with Vail 10 Resorts? 11 A Yes. 12 Q Why did you run for the Town Council this 13 time? 14 A That's a good question. Excuse me. 15 Q Why don't I rephrase it? At the time you ran 16 why did you run rather than looking at it from now? 17 A I was pretty frustrated with the direction the 18 Town was heading and I thought the Council was not very 19 cohesive in its direction and in its leadership. And I 20 thought that that election in 1999 was very important 21 that we have a good Council that would be forward 22 thinking and hopefully start and put in place some 23 things that might turnaround the economy in Vail. 24 Q Did you feel Vail was at a critical stage, for 25 the first time since the early 180's Vail had been SUMMIT REPORTING /o7nl A40-OAlC COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action 00-D-779 Deposition of Rodney E. Slifer, December 7, 2000 CHARLES R. LIPCON, Plaintiff, VS. TOWN OF VAIL, a municipal corporation; TOWN COUNCIL OF THE TOWN OF VAIL; and DAYMER CORPORATION, N.V., a Netherlands Antilles corporation, Defendants. PURSUANT TO NOTICE, the Deposition of RODNEY E. SLIFER, a witness herein, was taken by the Plaintiff pursuant to the pertinent Colorado Rules of Civil Procedure at 4:00 P.M. at the Home of Charles Lipcon, 12 S. Frontage Road, Vail, Colorado 81657 before Randy A. Slane, Notary Public and Professional Shorthand Reporter, within and for the State of Colorado. SUMMIT REPORTING (970) 468-9415 28 1 impact neighbors. 2 Q Did Waldir Prado talk to you directly and 3 privately as to what you thought about his project? 4 A You know, I went to a meeting in his 5 conference room with several others. I can't even it 6 was not Council people. It was just other business 7 people. And I think it was prior to his submitting the 8 plan and he just showed us the plan. That's I think 9 really we did have that discussion. 10 Q Any others? 11 A He contacted our firm about possibly working 12 with him on that project as a real estate broker and we 13 declined to do that. 14 Q When did that contact take place? 15 A You know, I can't tell you, but it was early 16 in the process. I think it was even before he went to 17 the Town of Vail that we had that conversation. 18 Q Were you part of that conversation? 19 A I think there were more than one and I was 20 part of one conversation. I think he met with some of 21 our other people other times, at least one other time. 22 Q What dial Mr. Prado want your firm to do for 23 him? 24 A Well, at that time, well, when I met with him 25 he was talking about having both fee ownership SUMMIT REPnPTTNa 29 1 condominiums that would be sold and also, interval 2 ownership, timeshare, whatever you want to call it, 3 units that he also would want to sell. 4 Q And that was he was looking for a broker to 5 sell for him? 6 A Correct. 7 Q And that occurred before he applied for his 8 SDD approval? 9 A Yes. I mean I can't yes. I'm positive it 10 was before that. 11 Q And approximately, how many meetings did he 12 have with you or other members of your firm 13 approximately? 14 A Well, I had the one sort of general meeting 15 with others and then, I had one with him with a couple 16 other people from our firm. And I know that one or two 17 of them met with him one or two other times. That's 18 about all I know. 19 Q Do you have any memorandums about that or 20 documentation as to those meetings? 21 A No, I don't. 22 Q Did Mr. Prado submit anything to you or your 23 firm? 24 A I think he gave us some pro formes that he had 25 prepared. SUMMIT REPORTING 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2 CASE NO. 00-D-779 CC C D 3 U 4 DEPOSITION OF WALDER PRADO - DECEMBER 6, 2000 5 6 CHARLES R. LIPCON, 7 Plaintiff, 8 V. 9 TOWN OF VAIL, a municipal corporation, 10 TOWN COUNCIL OF THE TOWN OF VAIL, and DAYMER CORPORATION, N.V., 11 a Netherlands Antilles corporation. 12 Defendants. 13 14 15 16 17 PURSUANT TO NOTICE the deposition of WALDER PRADO, was taken on behalf of the Plaintiff 18 at the Vail Gateway Plaza, Unit 5, Vail, Colorado 81657, on December 6, 2000, at 3:06 p.m., before 19 Marie E. Schmidt, Professional Shorthand Reporter and Notary Public within Colorado. 20 21 22 23 24 25 Independent Court Reporting 41 1 doesn't it? 2 A. From us? 3 Q. Yes. 4 A. I don't remember those details anymore. 5 I know there is a setback there and the Gateway 6 doesn't have any setback and we have. 7 Q. If you go up to the Gateway up to its 8 third floor, isn't it set back also? 9 A. I don't know. That is a detail that I 10 don't know anymore. 11 Q. Did you ever discuss your project with 12 any of the members of the PEC outside of the PEC 13 meetings? 14 A. Never. 15 Q. Have you in any way promised to use Vail 16 Associates' brokerage or Slifer's brokerage 17 A. Never. 18 Q. with respect to your property? 19 A. Never. Let me clarify the last answer. 20 Meaning before approval or after approval? 21 Q. At any time not in a public meeting. 22 A. Well, after approval there are no public 23 meetings. 24 Q. So have you talked to them? 25 A. Yes, I talked to Slifer Smith and Independent Court Reporting 42 1, Frampton. 2 Q. About what? 3 A. I'm sorry? 4 Q. What did you talk to them about? 5 A. To examine a possible them being 6 involved in the sales of the fractional fee units. 7 Q. What are fractional foe units? 8 A. What what? 9 Q. What are fractional fee units? 10 A. Fractional fee units are fractional fee 11 units meaning fractional fee units. They are not 12 condominiums. 13 Q. Are they timeshares? i 14 A. Well, they don't like to call it 15 timeshare. The technical name they use is fractional 16 fee units. 17 Q. That's-where a number of people can buy 18 a portion of each unit, a time portion? 19 A. Yes, that's the meaning of fractional 20 fee units. 21 Q. Okay. So you need a broker to help sell yY 22 those? 23 A. Certainly, yes. 3 24 Q. How many are you going to have in your 25 project? i Independent Court Reporting 43 1 A. How many what? 2 Q. How many fractional fee units will there 3 be in the project? r 4 A. Thirty plus. 5 Q. And who did you talk to at Slifer Smith 6 Frampton about selling those? 7 A. Their president. It's their president. 8 Q. Do you know the president's name? 9 A. I'm trying to remember but it's their 10 president. In a while it may come. 11 Q. Have you talked to anybody about doing 12 the interior design for the project? 13 A. No, never. 14 Q. What about purchasing the interiors, 15 any part of the inventory furniture, things like that? 16 A. Never. 17 Q. And do you have any written proposals 18 from Slifer Smith and Frampton dealing with the sale 19 of the fractional fee units? 20 A. No. In that meeting they examined it, 21 and a few days later they declined. They were not 22 interested. 23 Q. Why weren't they 24 A. they didn't present a proposal or 25 anything. Independent Court Reporting 44 1 Q. Why weren't they interested? 2 A. It's their business. 3 Q. Have you gone to anyone else? 4 A. No, I didn't. 4 5 Q. Have you gone to anyone else n 6 A. No, I didn't. 3 7 Q. to do that work. And when 8 A. no, because it was sold. And I 9 didn't have nothing to pretend to sell. 10 Q. When did you have the meeting with the 11 president of Slifer Smith, approximately? 12 A. I don't know. After about two months 13 after approval. It was the time that I prepared 14 myself to think of sales. 15 Q. Okay. Well, an appeal had been taken 16 from the approval to the Eagle County Courts, right? 17 A. That's what I hear. 18 Q. So when you went to see Slifer Smith and 19 Frampton, you knew that the Town Council's approval 20 was still under appeal; isn't that right? 21 MR. BAILEY: That's still in final order, 22 Chuck. 23 THE WITNESS: I'm not sure. If it was 24 already filed, appealed or I so I don't take care 25 of the legal aspects of the problems. Independent Court Reporting Vail Resorts Employee Directory Search Name: Kurz Department: -Submit Query hea Iitti CliiS ~IC,e of a 3 !.3iF e n I t,: o a ffffff(Kurz, Ludwig JIBEAVER CRE K ESOAT CO. 115973 (8457 11' LB7 http://128.1.38.102/phone/edirectory.asp 12/23/2000 zw~ % tf: VOW i' , a s R SR tk y 'r to vF:~ a.~'N ~ t ~7 yh x E` -ida4 r / t0' 6 ~0 cr\\ , ' j ~•~-m ~~y Y ~~?~5 ~EMy $,~`~r'~°~S~"A ~ ~ ~trii~44~ ~..Y ~~r'etA t J r 3~ +Fi ~ P 't ` l~xv {uy -F rl try n ?t=~ 1tT$~ W, i y ze i s i ~l 4 ~ r a 1~ r ~+~t ti' .t S 5~ .r # ..t'^, ~ q5 3 ! % a[ f X r j;~c~` r " , r a - a. a 4 1 2 5 Y + r r?; + L, . i ` k A. 1 5; 1 }r ~ r - ~ f r- gGz~ ~ Yq ~ t~ { s~ a+ 1 y a it Z t; J t ~ f illustrate a model for creating a green Asself"Iblin and failnanaging Y team and achieving sustainable goals in the construction field. a th,,m t . Like a baseball team, it is important a C0113truction team u to have a fine-tuned job site construc- tion team. Thorough specifications, clearly defined responsibilities, commu- I'T' a aka di fferenCte nication of goals, and cooperation of e team members are critical elements in the success of any project and these ele- ments are heightened when sustain- by Greg Roberts, CSI, AIA ability goals are made a part of the construction contract. As government mandates are put ment is a "green team." Assembling that Partnering with the design team and to place for sustainable con- team can be a challenge and, once it is in owner, the contractor is a key player. Pri- struction practices, it is clear this place, managing it is an ongoing mary goals to be addressed on the job site issue can no longer be downplayed by process. With many of us focused on should include reduced site impact, re- the construction industry. There are baseball and the playing of the 72nd Ail- duced waste, efficient use of natural re- many examples of successful sustain- Star Game this month, it seems appro- sources, and improved air quality. At first able projects, and behind each achieve- priate to use the baseball analogy to glance, the implementation of environ- July 2001 The Construction Specifier 47 mental practices may run contrary to the from both financial and environmental contractor's primary objective of Sstandpoints, is a result of the clear re- building the project for the lowest 0~ sponsibilities and dedicated commit- cost, within the tightest time ~0, merit this person makes the frame, and at the highest profit. project's sustainability goals. However, implementing green Drafting the waste man- practices on the job site may agement plan is the main actually help the contractor preconstruction task of the reach that objective. facilitator, followed during construction with moni- Construetion Docu- ® tortng the disposition of ments (Rules of the hazardous waste, over- game) seeing implementation, Rules define the game of documenting of the sustain- baseball; likewise the project ability goals, and reporting on manual governs the construe- the waste management plan tion contract. The development of results. Division 1 specification sections sets the tone of environmental stewardship Communication (Training) for the specifications and the project. Development of a winning game plan is The commitment to an environmentally only the first step in scoring the win. friendly project begins with The Manual Communicating the plan and the de- of Practice's Section 01010, Project Sus- 9EN9 sired results or goals is another key tainability Goals. Committing this state factor to success. Like a coach, the sus- ment to,.vriting is critical to ensuring the tainability facilitator should conduct building team agrees and understands regular job site meetings for instructing the project goals and the priority each 1973 School of Public Health Building, the workers in the proper sustainability goal has been given. located in the Texas Medical Center, to practices. The facilitator should provide Current Division 1 sections-such as accommodate the new Human Genetics on-site instruction of appropriate sepa- 01350, Special Procedures, and 01500, Center. Since 1996, the UT Houston Health ration, handling, recycling, salvage, Temporary Facilities and Controls- Science Center has been committed to reuse, and return methods Ito be em- should be expanded to address project operating in a more sustainable fashion. ployed by all parties at the appropriate ens ironmental concerns, such as disposi- Accordingly, environmentally sensitive stages of the project. tion of hazardous materials in renova- construction was a key dement in the tion projects, tree protection, or dust, rencv2ticn program. The specifier, together A sustainability consultant was employed noise, and erosion control in new work. with the construction manager's along with a sustainability facilitator during Section 01300, Administrative Require- sustainability consultant, design team the subcontractor prebid conference and merits, can be broadened to include as- members' and owner, developed project subcontract negotiation meetings to signment of a job site sustainability sustainability goals to guide the construction _ communicate the sustainability goals and facilitator and establishment of sustain- team in advancing the owner's stewardship responsibilities of the individual ability meetings and agenda. agenda. This teamwork carried through in subcontractors and workers. An important section of this division development of the other Division 1 sections Since many of the subcontractors were not should include Section 01505, Construe- and particularly Section 01505, Construction experienced in sustainability, waste tion Waste Management, for procedures Waste Management. The consultant's key management, this input was crucial in on sorting and recycling construction contribution to this section was a directory of controlling costs from escalating because of debris. Section 01600, Product Require- kcal recyclers for the various materials the "unknown." ments, can also be expanded to cover al- resulting from demolition and new ternative packaging and product construction waste. This proved to be Support facilities (Playing field) labeling. The broader sustainability is- invaluable once underway. A properly prepared playing field pro- sues can easily touch on most sections in motes outstanding play: A clean well- this division. Responsibilities (The coach) organized and maintained construction The key team member on the construe- site is no different. Preplanning site uti- The University of Texas Houston Health tion site for overseeing the sustainability lization during construction often trans- Science Center undertook the renovation of program is the sustainability facilitator lates into heightened safety, cost savings, tvwo floors [3060 m" (31,000 W)l within the or manager. The success of the program, and shortened schedules. 48 The Construction Specifier July 2001 Efficiencies in material handling are { improved with well-planned site access, staging, storage, and support facility lay- outs. Implementation of stormwater runoff practices, while mandated on many jobs by the National Pollutant Dis- charge Elimination System (NPDES)-a regulation of the 1972 Clean Water Act (CW-k)-can reduce site erosion and the W* resulting restoration costs. Site designs and contractor attention to preservation' - r I - tstT - of existing trees or geological features can further lower site preparation, restoration and landscaping costs. Pro- z testing and restoring of natural habitats is an equally important site stewardship responsibility. ~r- ` "a Had there been more flexibility in its utilization of the renovation areas in the UT Material was sorted into dumPsters outside the renovation area for recycling purposes. Houston Health Science Centre project, reduced handling and less damage to suppliers of sustainable materials and struction scheduled for demolition, as salvaged materials could have been incentives for cooperation. well as scrap waste from the new con- achieved. Since the remainder of the building Those who run the game of baseball have struction process, can offer an addi- was occupied, support space was confined to found that, in achieving success, it never tional source of revenue from resale of the floors of renovation. A majority of the hurts to offer incentives in the form of prizes salvaged materials. existing wood veneer doors and hollow metal and awards. The construction industry is no Revenue opportunities increase daily frames were removed and stocked for reuse. different. Workers completing the on-site as recyclers' demand for postconsumer However, relocation was required several safety and sustainability orientation were material increases. tMeanwhile, carpet times to make way for the renovation awarded hardhat stickers in recognition of and ceiling board manufacturers have progress resulting in further damage and lost their achievement. On the first Friday of each implemented postconsumer recycling labor in handling and refinishing. month, an appreciation lunch was held for programs for reclaiming their products on-site personnel who remained accident- after the products' service lives have Cooperation (Teamwork) free and properly disposed of materials for ended. These programs, however, have Instilling in each worker a sense of pur- recycling. At the first luncheon, a $100 prize stringent requirements and conditions pose, responsibility, and value in fol- was awarded to a demolition crew member regarding the types, quantities, and pack- lowing the game plan and achieving the for his logo design promoting safety and aging of reclaimed materials. goals is instrumental to success. sustainability. Ten prizes were awarded at. each lunch, thereafter adorned with the The demolition trade contractor was The sustainability agenda followed job safety winning safety and sustainability logo. responsible for deconstruction and sorting of instruction at the weekly contractor meetings, materials for either reuse in the project or as It was soon realized that more attention to Practicing the three Rs replacement stock for the owner. Recycle waste management translated into a cleaner, (Playing the game) markets were abundant for metal waste. safer workplace while affording increased Applying the three Rs (reduce, reuse, and Unfortunately, markets were not found to production. recycle), some common sense, and a de- accept glass fiber insulation and demolished Laura Thurmond, a project engineer, was sire to positively contribute adds value gypsum board that ended up in the landfill. hired as the sustainability facilitator. She while achieving the sustainable goals of (To be acceptable recycle stock, gypsum found the job required a lot of common the owner and the profitability of the board must be clean without applied finishes sense and thinking "outside the box." project for the contractor. or imbedded screws). Glass recyclers shied Through her dedication and ingenuity, she waste: Construction waste manage- away from the salvaged acid waste glass took the extra step around the "can't do" ment practices implemented on the job piping. However, a laboratory construction attitude of some subcontractors and site can dramatically reduce the volume company, specializing in laboratory suppliers to achieve the desired results. of landfiliing waste while saving the construction for start-up and low-budget Through diligence, she found new sources "tipping fees" Deconstruction (con- labs, gladly accepted the material for for deconstruction reuse and alternate struction in reverse) of existing con- refurbishing and reuse in its projects. Many So The Construction Specifier July 2001 s of the glass traps were reused in the new construction or turned over to the owner for maintenance stock. Reusing or recycling fluorescent light fixtures intact proved to be difficult. Once disassembled, however, ready markets were located for the metal, plastic, lamp, and ballast components. Ballasts containing PCBs were handled separately and shipped to a recycler for 4 processing. The construction manager assigned the primary new construction` .W waste management task to a single trade contractor who maintained 1 * sorting bins on the floors and moved the waste from there to they`` . ' collection dumpsters at grade. During bidding, the construction; manager found that trying to assign waste management tasks to each subcontractor increased both time and costs. Accordingly, the subcontractors were only responsible for depositing their daily waste in the sorting bins on the floors. Sorting the materials on-site proved _ i to be much more efficient with a !over loss factor as opposed to -4 off-site sorting by the recycier. Laboratory cabinets were salvaged for reuse in other facilities. Box score The construction manager found that most manufacturers were reluctant to change their packaging practices for fear of suffering Construction Waste Management Summary increased delivery and handling damage. However, the laboratory is casework supplier was able to reduce the use of wood pallets and cardboard packing, switching to movers' blankets and padding. _ Description Quantity Percentage 'f Total Salvaged material 68.4 m'(2416 ft') 6 Air quality. Traditionally, contractors have administered safety Total Recycled Material 776 m' (27,404 ft) 67 programs focused on preventing accidental injury to workers. Only recently have air quality issues been addressed. Not only- Total General Waste 319 m' (11,265 ft') 27 ` TetnForarY facilities and utilities Efficient use of natural re sources during construction translates into reduced construc- tion costs. Implementing conservation policies on the job site for the use of water and temporary power saves these precious resources and reduces the bottom line. Simple procedures, such as turning out the lights at the end of the day and using trigger t " ~r operated nozzles on water hoses, can render significant results. Utilization of recycled materials or construction waste for tem- porary facilities can further conserve natural resources. j Packaging and delivery. Less obvious practices of purchasing transports-, materials in bulk can reduce packaging waste and tion costs. How products are packaged and shipped to the job 5A 1 A site is important. Can packaging be altered to reduce job site - waste? Are the packing materials returnable, reusable, or easily recyclable? - e. 1 1ti11ik there is a ready market for cardboard and wood pal- ceiling grid - > lets, shrink-wrap plastics and certain foam packing materials your new solution 3 have no recycling market, ending up in landfills. Ask manufac- :modeling and retro 0 turers to consider renewable, biodegradable starch-based pellets St alternative to rep a - p g rusted stain and wraps rather than petrochemical-based materials. Procure aintin a, ment of materials from local sources can also save transporta- r deteriorated metal grid. tion expenses and reduce the need for substantial packaging- Alternative-fuel vehicles and equipment and other cleaner tech- nologies can further slow natural resource consumption while reducing air pollution. } July 2001 The Construction Specifier 51 can air quality issues affect construction ment and respirator use, in addition to workers, they often carry over to the oc- housekeeping practices, filtration, I cupants of the computed proje.:t. Im- pressurization, or depressurization of proved air quality and worker work areas to control 10,,v ofodors and safeguards can result in increased pro- particulates can help improve air t =4 duction from reduced absenteeism due quality on the Job site. Proper se i y to allergic reactions or hypersensitivities quencing of material installation also to volatile organic compounds VOCsI. has an impact on the long-term indoor 1 _ - } The recently implemented National air quality of a facility: Volatile Organic Compound Emission Certain mate-ials, such as fabrics, Standards for Architectural Coatings, carpets, ceiling tile, and furniture, to pursuant to the 1970 Clean Air Act name a few, act as "sinks, absorbing (CAA,1, regulate VOC emissions on all job VOCs emitted by we coil struc`ion sites. In the past few years, the Occupa- materials, such as vai„ts, dues, and r ' tional safety and Health Administration sealants. These sinks then slowly re- r V_ has placed significant emphasis lase those emissions back into the g Y 154,8 •4'M j+.}:ryagty~, ~ on silica dust exposure in several Indus- building over time. Allowing wet ma1j trleS,1P.C1tidingcJns,rUCtlOn. teL1a1S t0 CUre and re1aJ:'. Ott-gas ',y, 3 - °:'mss •''r` , Employing vacuum sanding equip- prior to installation of materials Acullactior.aJnforn~:sr~nkuri known to be sinks can significantly ~kw~'_~ P1' ~ su'6,II r J"•~; ~?;'h'ut! a, ~ ~ ."~i~ ~+;ti. +s+ ih, improve the long-term air qualit; Ofa fa- nitrogen oxides 'NOX) and VOCs in the Author cility. Proper ventilation is equally im- Houston area. The plan, which is bc:na Greg L. Roberts, CSI,AIA,isanassociate portant durin, the application of wet challenged bv the construction industry and senior specification writer with products to reduce cotlCarl ination. and others, requires construction in Watkins Hamilton Ross Architects in eiI'll CuuntieS within the Houston- Houston,Texas. Amember of the Texas Wliat'i next (Bringing ne:v plag"ers Galveston re-ion to deld% most :O sir'_tC Society of Arch itects'Sustain able Envi- ` 1 -1 ronmentCommittee,heischairmanofits into the lineup) tlon Operations unt'! noon durin`, Green Building Subcommittee. He also The sustainabili" process -all open the certain months of the ear, begin, i:` i ^ lectures on sustainability and is the au- door to a ne'.v field of suppliers, thou 200;. The rule further requires the retir'- thor of Shades of Green, a series of eight pitrveying sustainable Il.,iterlals and io- ment and replaceie i Of construction articles published this past year in the HoustonCSlchapterne.vsletter, lutlons, not to n .:ntion the "cleanup equipment with cleaner te,hn(.Jo- SPEC.tectonics.He can be reached via pLP-ers 01 saki ers and recvclers. StartiP.gin De Ccn?ber_Y(i e-mail at groberts~whrarchitects.com. Thro: >h the u~_ of these new teani The cnP.stnl:-tion 'li_ustr e i , ~c.° rnernbcri, new e~ononniei, an H r `.'=:c it.i , oritribUtlOil to iP.': `.shin` Mi : Cn hiasterFormat No. sui.r,:es-una~~ oc,,}re the Con- in tl,.. ~ ulP- ror.nlent evidtncrd in as a recent itat'- GeneralData-TeamBuilding struction process-car, be found. Ac- men, made bl. chief exeoati % e of.iceL, Environmental issues j cordin, to the Associated General Stephen E. Sandherr: `AGC had a unique Contractors of America (AGO, "The re- occasion to broaden the awareness of Key Words I cycling market can produce 10 times how construction contributes to our - recycling more jobs in the industry for the same every'day' quality of life, highlight the team building cost as pending, the waste to the landfill." construction indliStrv s enylroninental sustainable building solutions, and how the construction in - s Conclusion (Next season) dustry is a major player in recycling our Abstract The Industry nr.ISt take responsibility for earth's preaous resuurces. As government mandates are put in place Bust ainability in the bull-, enviroI ment The construction industry, which ac- forsustainableconstructionpractices,it is i before government mandates further cording to the Environmental Protec- clearthis issue cannolonger bedown- l construction practi•ces.Aprimeexanlple tion AQencv (EPA) is responsible for played by the construction industry. ` There are many examples of successful I in the Houston area is the proposed more than 33percent ofthenatinr?sen- sustainableprojects,and behind each I measltreS to reduce air pollution. The eLgv usage and 25 percent of the waste achievement is a"green team."This article Texas Natural Re-SOUrces Conservation entcrin` landfills, sail: has an oppur[u- examinestheelementsinvolvedincre-Cotllnusslon (TI RCC), the agency in nityto make atreniendousimpact.This ating and motivating a green team, with . referencetoarenovationprojectat I TexasrespottilblefOrile':elOplIlgandlm-is particularly true if,asonestud- pre- UniversityofTexasHoustonHealth plementina plans to meet federal air diets, 50 percent of the buildings that Science Center. j quality standard,, issued a rule in De- will be standing in 2021) have not vet ceniber 2000 to curtail the emissions of been built. 9 52 The Construction Specifier July 2001 4 l W4 x t ~~i ~ . s K` ~ s ~ ys t s r r aC ~•.,.`rs-m ~n~ k1 f 1 f t - i ~ w3 1 to x . ~ ~ i 0 4 { e ! ...a..,...- ate. , 'v n. ~1 T~;+S r. A •E ~i -.<_.,y. ew r. qtr} 1µF' z r?' ~ _ r~• fi •c ~ 3' c _ tax ~ ~ r y*. _ `fir y _ _ _ - a j ~ r s s { . c' r d' ~ rs K A 7 ql k ~1 'L L-: by lames S. Brew, CS1, AIA a- soq 10 Aft a4am Rom Mdeall vii t is imrortant and relevant wort LIVIng a when a project is computer modeled Ito determine its expected energy per- formance. It really- becomes interesting, however, when the building and its occu- monitoring devices installed, to deter- Superior. The mission at Northland, ir, pa its are involved in a one-year evalua- mine the actual energy performance. In part, is to be the nation's leading environ- tion and monitoring project after addition, the processes of design, con- mental liberal arts college and it seems to occupancy. Such was the case with struction, and livimg in the bnildin- were be well on its wa`:: At one point, more Northland College's Wendy and Malcolm also evaluated to determine what did and than 60 students attended a design Input McLean Environmental Livin, and did not work. meeting, brin-in, with them a list of de- Learning Center in Ashland, Wisconsin. Northland College is a small private mands. That meeting illustrated the ded- The building underwent a detailed school situated near the pristine shores of ication and interest in environmentally analysis, with over 70 different energy- the world's largest freshwater lake, Lake appropriate building at Northland. 42 The Construction Specifier 1uly2C0! Two of the most important steps in embarking on a sustain- 1. Site able design project are documenting the design intent and set- A portion of the site had previously been a parking lo[. A new tin-, gals. The pro-ram called for the number ofbeds as well as tree-Lined promenade was added to the section of parking lot the types of rooms and lounges, but the enzr,v and environ- that remained after construction in order to provide a safe, mental goals required aii and discussion. Students partic- shaded pedestrian route to the nearby student center. For the ipated in all campus design input and review meetings. A remainin- landscaping, a low-mow grass mixture was used tcJ written memorandum of understanding 1.Vas created to doctl- seed the area and students participated by planting native tree meat and communicate the project's overall goals. This docu- species. ment was bound in the proiect manual, not as a contract document, but rather as a tool to communicate the mission of 2. Water the proiect to prospective bidders. After bidding, key stake- In all effort to conserve water, two waterless composting toilet, I101i;2r$-lllcllidllI" major subcontractors and Students-were were installed to serve IL-,Vo apartments and low-flow ihovcrS asked to sign the document as a commitment to helping the and toilets were used throughout the fac'1i P.: project meet its goals. 3. Enemy Features Overall, the building has 54 percent greater energ,- efficiency Project goal; centered around six topics: site, water, ener, in- than is called for by the Wisconsin ener-y code, resulting in door environmental quality, materials, and waste. When de- S i 3,900 in sa'.,ings in the first vcar. Energy modeling originall ciding where to focus efforts to produce a sustainable design, predicted the project could achieve a goal o1740 percent beyond the tendency is to gravitate to%vard materials. However, ac- the code level without renewable energv sources considered. cording to research at the University of "'ell:^:-ton and the Tills level of efficiency was achieved through I number of Build jn- Resesrch As,ocia6on of New Zealand, the lar, ,st im- &si ni elements. The apartment win, was oriented to the soul?1 pact on the environment is operating energy consumption. to maximize solar benetits. Natural ventilation was incorpc- That Said, it is still important to dose the t.vaste loop of con- rated in student rooms using operable windows in order to struction materials, due to their enormous impact on America's eliminate air conditioning. landf ils and the global environment. When insulating the building, R-45 cellulose insu;atinn ,va, used in the attic and R-25 fiber lass and foa c: insulations :vCre WH Eli THE SUBI ELI used in the walls. Lo:r e, clear double glazir.; was used for all W; ndows (U value= 0.32). Is EIFS Lu&&GE The four student lounges include daylight design with pancv and dayli=ght sensors and a light tu:-e is used i;l on Oloum-c T~JR SENSE OFHumoR for demonstration anon p s are s. Hi~gll-efficiency ga; boilers are used for s.'--: heattn~ in Is VE ~building anal heat ri ;covert' ;grit ventilators are used in t1` 1 j common spaces and apartments. Hign-eftic:er.ir appliances are used throughout the building, with fluorescent lamps in common areas and student rooms and T-S light Fixtures in place elsewhere. In order to offset energy consumption from outside sources, three photovoltaic (PV) panels were installed, satisfti ing 23 per- t' cent of the electrical load with annual savings ot'5264. One panel tracks the sun horizontally; one tracks horzon:ally, and tierticaliv `s and one is fired, for comparison purposes. i ' A Solar dOn1eSI1C water SySt2nl :1521 14 roof-mOU_itel. paIlcls r and satisfies 29 percent of the energy- required to heat water ar , with an additional annual savinUs of S 104. N c h a S As well, a 36-n1 20k%~' (i 20-ft, 21Btuis) «ind turNne is con- o 1 r.ected to the electrical sy"Steal via an inverter to a 208-V feed. t c r L- This satisfies half the energy needs of the buildn-s four apart- . _ win`s _ire c ment, which house 24 students. The result-nu , .lnntiai 3 u S60S. Through the study- period, the turbine perfOrnied -it 40 , per °nt efficiency,though its maximum efficc nC is 39 per,:~nt. A dat.lAo-ain, system was installed to allO:V track.n of en- ergs consumption every fire minutes and is recorded to curl- BOYD pater for student's use. YvJr 44 The Construction Specifier JulyMol 4. Indoor environmental quality (IEQ I amounted to a cost savings of 5104 at S0.3 i~"ili 50.60 therm i. RUN, Indoor air qualit,. in the building tested as pure as that on a Simple pal: back of the wind power system :s about 6= years lot remote island of Lake Superior. and the PV y-stem and solar domestic eater s-.-sz,-m Ra': e pay- :ate, To achie'.e this result, linoleum was used in student rooms in backs of well over 100 ears. These lore pa bay: periods reflect the lieu of carpet. Wood finishes, adhesives, -caulks, and paints ',Fere the low market price of electricity and do not include the eni- a to selected based on their release of volatile organic compounds ronmental impact of the system. For er-ample, the projected an- and the operable Ondons -at, residents some mdi`.idual Con- nual displacement of 36 -I68.%Ij (10,113C k~\ -rom the wind 0 trol of the temperatures and air circulation in their areas. turbine equates to reductions of emissions as follows CO, - In order to reduce noise, sound wall designs .v n_- incorpo- 8.83 tonnes 19.74 tons'.; S02 -41 kg 10In4 and NO,- 3, 5-, rated benven rooms to ensure privac: and reduce distur- (70.4'tbs.). bances. Rather than looking only at simple pgba&. A is important Aestheticall,.-, lounges and most student rooms were de- to examine the value of reduced emissions? Reduced emissions signed to provide natural views of a brooded i n ine and a apply to not only energj saving deices t- desi;: or operation nearby soccer field in an effort to enhance student +-ell being. of a building. These so ings also apply to the ex:--.:tion, manu- facture, transport, installation, and disposal cf products or 1C,r S. Materials s}-stems used on a project. Applying enyironmentall appropriate materials to the pinnat, %olday waterproofing panels were used for the foundation. Lessons learned red These panels are made, in part, With volcanic Q. clan and • A mechanical air-handling unit was . unnir.~ continuousl and cardboard. was designed ,Vitbout variable speed drives VSDs;. If moni- Engineered structural lumber and panels were used in con- toring were not included in this post-proiect r..:nq IN nw _h str uction and regionall' harvested white cedar shaky, Rom not have ever been discm-ered. VSDs have since been added. "o- 1learb,. .Were used or, the roof. A mammy estxbr Ole use of a commissioning went an this pry= would have eras selected fur in 1_onj - . it,. ,embodied 11ie e'ir,0 A In. , bC_,. mach more effective if the azeni :ere br-~ugRt into ti?e and low maKanance. pro)ect team earlier. Inside, the attic in3ulation is recycled newsprint cduhst'. - The biocomposin COUnte." SUrta:e is no, &s' P.e I for we, 1 one linvle rm-made in part S`,',th lined oil, a" dan or auk areas. The concept was to seal the edges and it in :a sink tour-is ba,Ce' rad.?ble and tie Coun-i,-op su:"`acres arc bio- :i COmI'OS1II ~ Mother Nature Stud,nz fill-niture is mad, from recycled steel and milk ~i ~i Protects Her Assets 6. Waste - - MY "aat: Rom the in u'as re- wl,;d dliri.n.v x:'.ni niC d> ~'a?an, re For C;1y4O d1`%Lhe, Cl'le building is deSl ned. with a r: :'Cl'ip _ :n center and a student organized kitchen-composting r rograin is y In in place. II ii i; 6.11 Costs zd? The average residence hail in 1998 teas constructed for i S1205.I2in1• (5111 ft The project cost for the Environmental Ahnost as «•eU as I Livir?g and Learning Center was Sll03%nr (S102.~L`fr). Ron:.~- Garland Protects Yours. ahleenerp,syStenls'P pmei~,wind pmar,solardoniestlc',~,!Ccr J~ :s gwenl, =d Conn, ostinp toilt2n) increased initial Costs by approx- imately 51!.,,000 included in the total project wA abowh OGler j M• •'2,17ee11 teliUr:S ,l h as cer toted xood, re%:ycled pill Ic partitions 0741- 211 and lin( Urn i c estimated to acid 526,800 t0 the project lost. ~ o However, some of the green elements sated none;: initially, such i as using ivcycledplahc furniture instead of oak (315,000 sari .as ) c _ and usiilg cellt.lose insulation (33, l0i) avings • } j The wind potter system produced ,d 468\4j 10,130 k%% il' 3 and avoided $608 in electricity cost at ST21Na :,O.Oi,."In Tile Ws:som produced 15 S IS\IJ ;4,394 kWh) and resulted in j 5264 of electrist sale ings. The solar domestic was system di i4 N1GN-PERFOR L1ANC' ROOFING SYSTEMS 8, SERVICES placed 29 percent of the annual dater-heating energy use and 1-800-741-3157 - .wiw.garlardco.com JuIY 200 1 The Construction Specifier 45 , ADDITIONAL 1 Author 1 , James S. Brew is an architect and vice president of LHB Engineers & Architects, in Duluth, Minnesota, where he specializes in re- source-efficient building design, construction, and operation.He can be reached atiames.brew@lhbcorp.com via e-mail. ! Masterformat No. f y i General Data-Environmental Issues Design-Build Key Words ! energy efficiency sustainable building { { Abstract i I i Northland College's Wendy and Malcolm McLean Environmental Living and Learning Center, in Ashland, Wisconsin, was designed Were you responsible for compiling your { and constructedwith environmental sustainabilityin mind.The building underwent a detailed analysis, with over 70 different company's outstanding product binder? energy-monitoring devices installed to determine its actual energy performance. This article is a case study of the project, DECIDE NOW-before your busiest • Add a meaningful accomplishment describing the project and evaluating the success of many of its time of year! Get the recognition you to your professional resume. elements. deserve by entering CSYs 2002 • Receive a framed award certificate i Specifi-cations Competition-the to display in your office. only awards program in the industry that recognizes excellence in specifi- The Product Binder category is countertop as an educational demonstration. This did not cation writing and product literature. specifically tailored forProduct/ perform well. Show the industry that your product Manufacturer Reps and/or their binder has dear concept, guide • On-site recycling resulted in many tons of cardboard beingQ specifications, technical content and Marketing staff. recycled. There could have been much more recycling of creative presentation-easy to use by It's simple. Just go to waste if all suppliers and subcontractors were better educated design professionals, contractors, http /svuw.esinet org;'technic;'spec- on the goals. and owners. This year we are an- c0rrp-'scpe2G02.mm7 for all the informa- led. nouncing the competition earlier so tion you need to submit your winning • High-performance fluorescent lighting was over-control1 you have no excuse-this could be entry-detailed instructions on how to Use of occupancy sensors and daylight sensors on already the year for you to win! enter, application forms, and tips on how very efficient bulbs proved redundant. These high-efficiency to prepare a :vinning entry. Or call bulbs need to remain on for a minimum period to achieve Just for entering-- Member/Customer Service at 800-689 . Learn ways to improve your com- 2900 and request to receive the competi- their useful life. If they are switched on and off very fre- pany's product binder--each and tion instructions via fax, quendy, the life expectancy is significantly reduced. Also, every entry receives a thorough these sensors do require calibration. It is recommended that written evaluation. calibration be specified and enforced for optimum perform- . Prove your professional and tech- Deadlines for t:nt~lt?S expertise. are as f0110WS: ante. nical . u- • See your name and entry featured Early Bird deadline: Entrants'.d11 receive Student and faculty involvement proved to be instr on CSINet and in The Construction special mental in the success of this project. Earh• invol,, ement con- Specifier tributed to the value of individual input and the • Bolster your company's visibility August 3, 2001 prizes for within the architectural community submitting before understanding of decisions reached, as the design evolved and construction industry. this deadline! from paper to bricks and mortar. V Final deadline: Entries must be And if you win, the postmarked References benefits are immeasurable! October 2, 2001 by this date! • Receive product binder award de- Program Evaluation: ww,,v.eov.org/productsipdfi 198-3.pdf cals for use on the cover and spine Energy Monitoring Results: w1,,tiv.ecw•.or& productslpdf.'t93- la.pdf of a.vard-recognition that your Earth Day Award: product literature is a "cut above '4k 41 The Construction wzlv.earchitect.com!pialcote/earthda00iwinners5-asp Specifications Institute the rest." V 99 canatGzncerP!sa,Seite300 ivorthlandCollege:www.northland.edu/studenttife/ELLC%indes.html • Be honored by your peers at the Alexandra, VA 22314.1598 CSf Nationaf Awards Ceremony and see your winning entry dis- 10 played in the CSI Showcase at CSI's Annual Convention & Ex- hibit. www.cSitliet.oi'g 46 The Construction Specifier July 2001 4 I~r++wlGply~ ~ i# # y r Ty ~ ZA S F I 1~~.r 77, 77, r x 5~ N ~M 1 d a Ny c [3 a M , -,."v,-$ 61 ' r ~"-v~Ph ~ ~ tS..j i :1 -J~a ti Y" 7r:{: ~ "~a'£ ~ ~~y, ~,?,,y f ~ ~°~„x a"e ;c~~s'y,~ l.. N~" U '•``vwj t., ' d ` 1W <L.":.~ 1~~.. ...='~p wK~l ~t.. :d v_ a it"Ie"hchangi,ra'- ur unainy If Tat, 'ob 0" v% desip'm 47 AM z6ft ""ft &,ftstruc 0 Aft HM Ulld Lull Mill by Rebecca Foss Jhe term "system dynamics" has of sustainability, and its relationship to high-performance building, we can arbi- 1 created lively discussion when ap- the built environment, is that what we do trarily begin in the 1960s, within the pro- plied to the design and construc- today, how we conduct our lives and fessional lifetimes of many of today's tion industry. NNIether it's a business economies, has an unalterable effect not practitioners. The decade of the '60s saw model for a start-up enterprise, or com- only on ourselves but on future genera- the national consciousness awaken to the munity development requiring strategic tions. Owners are beginning to appreciate effects we have on the environment- planning, critical thinking, and problem its logic and economics, and are ex- primarily our detrimental effect. solving, the concept of the interrelated- pecting its inclusion in their projects. Whether it was in response to books such ness of all things has been slowly ma- If we chronicle the changes that have as Rachel Carson's Silent Spring (1962) or turing within our society and our brought us to our current state of aware- The Limits to Growth (1972), wherein the industry. We see it in our practice of "sus- ness and practice, whether identified as deleterious effects of unrestrained eco- tainable" architecture. The basic premise green architecture, sustainable design, or nomic and population growth were par- 32 The Construction Specifier July 2001 r. r r er 4 _ a .y In this Department of Natural Resources project in bVindorn, Minnesota, the use o{structure-insulated F, panels in conjunction with reduced framing helped to decrease overall wood use. } ticularly identified, or to the growing tionship to the environment. It would + outcries of the general public to environ- take years before the relationship with'. t r N mental crises such as Love Canal and nu- economics was more clearl} understood. ` clear proliferation, the United States as a The decade of the '70s blossomed as m,- F. dui. ? whole slowly began to reassess its rela- alternative energy sources became a topic 6 ' for research and development. Long lines i 3 at the gas station translated into a search for alternatives to our dependence on petroleum-based products. The residen- tial market saw the most advances in po- tential new technologies (passive solar T power, wind power, and renewable fuels) and, in the same period, bad design and construction options soured mane on the new alternatives. Government System Dynamics stepped in significantly to provide con- System dynamics isa methodology for trols and regulations that supported new studying and managing complex feedback research and development and to protect systems,such as one finds in business and the public from uncontrolled product other social systems. In fact, it has been used to address practicatiy every sort of development. Concerns for water quality feedback system.While the word system and pollutant exposure were the most has been applied to all sorts of situations, prominent areas of public awareness. feedback is the differentiating descriptor By the time we reached the 1980s, here. Feedback refers to the situation of X affecting Y and Y in turn affecting X per- however, we were well on our way to a haps through a chain of causes and ef- decade of over-consumption and envi- a fects.OnecannotstudythelinkbetweenX ronmental excesses. Suburban sprawl be- I _ and Y and, independently, the link be- g came the operative mode of tween Y and X and predict how the system will behave. Only the study of the whole development, long before it received its system as a feedback system will lead to ignominious tag. Even though the United correct results. 3 States reveled in economic expansion and 1 3 Source:The System Dynamics Society e g the "~1e" generation, there were signifi Milne Hall 300, Rockefeller College, U.of A. 135 Western Avenue Albany NY 12222 cant contributions to global awareness as authors such as James Lovelock (Gala: A New Look at Life on Earth) initiated a July 2001 The Construction Specifler 33 movement centered on the concept of Environmental Performance Earth as a single, interconnected entity operating similarly to a living being. Global conventions like the Montreal Protocol were signed by numerous coup- p Addlication pts f ° tries, agreeing to phase out the use of sub- Eutrophieation 60' stances destructive to the ozone layer. The I 0 Global Warming O 40 t construction industry, enjoying a boom I?Indoor Ax I v period of expansion, worked with a I [I Natural Resources I N 20 philosophy of "more is more:' I Sold Waste Q SteelFrame Some call the '90s the "E" decade, refer- Wood Frame ring to a reawakening of environmental Altematives concerns as the nations of the world fo- Note: tower values are better cused on issues of over-population and global warming. Construction projects be- category stseiFrame I Wood Frame Above/below: Examples of the 2.0 came the clearinghouse for a new philos- Acidification-17% 17 2 evaluation tool Building for ophy of functional, energy-efficient eutr°phican°n-17% 17 4 Economic and Environmental Sustainability (BEES)-developed building design, emphasizing healthier and Ind=Air---16% elobal 0 17% 0 0 2 under the auspices of the National environmentally sensitive features. Sub- Institute of Standards and Natural Resources-170A 17 2 Technology (NIST). It provides a urban sprawl and urban deterioration fo- solid waste-18% 0 16 model for comparative life-cycle cused our attention on the social and sum I N I 26 analysis. economic impacts of the built environment and acceptable development. The respon- sive Smart Growth movement has become Owner requirements for sustainable were the driving force, demanding that a force to contend with because of its design qualifications for s for sustainable concepts be incorporated in broad-based coalition of supporters, from professional and contractor services the design and construction of their facil- economists and environmentalists to Requirements for design professionals to ities. Examples such as The Environ- affordable housing advocates. list their qualifications to provide sus- mental Defense Fund Headquarters So where do we stand in these begin- tainable design are now regularly in- (1985) and The National Audubon So- ning years of the new century? What are cluded in requests for proposals (RFPs). ciety Headquarters project (1992) created the signposts we will recognize in hind- Responsibilities include building life- models for private-sector construction. sight as hallmarks of change in our cycle analysis, energy evaluation, and Then the momentum shifted to an industry? product and system research. ever-expanding pool of owners, repre- Our signposts of change are evident Originally, a few enlightened owners senting local, state, and federal govern- in four areas: and those with a passion for the issues ment, public agencies, and institutions. They developed guidelines, development and community education programs, Overall Performance and public criteria to support sustainable goals. The tide is turning once more as tY large corporations, residential contrac- tors, and developers see economic bene- pts fits increase along with their 75 understanding of social and environ- I® `O 50 mental issues. Organizations responsive I® p " v to owners' concerns, such as Building U) 25"~ ' Owners and Managers Association Q (BOMA) and International Facility stedFrama... Wood Frame Management Association (IFMA), offer Altemabves resources and educational opportunities Note: Lower vahiesam better focused on specific areas,'including en- ergy management and conservation and c. I SteelFnma Wood Frame indoor air quality. EconaticPerform - 50 Enlightened pubic sector owners re- E""r°r' aerr«"'•~°%I 34 13 alize they cannot expect all design pro- Sum e4 I 57 fessionals to provide . full-blown 34 The Construction Specifier July 2001 sustainable design as basic services and stepping the bounds of the contractor's may have to accept increased initial de- means and methods. . sign fees to support their local commu- nity's learning curve. Owners who do Endorsement by government and the expect sustainable design as a basic development of civic green building service must be willing to seek experi- programs enced practitioners, with quantifiable Examples of goals and guidelines are be- track records, and spend time evaluating coming more abundant as more munic- those qualifications in light of their spe- ipal and state governments are convinced cific project goals. Owners with responsi- of the overall benefits of sustainability in Since 1983 j the bilities for ongoing project development planning, development, production, and leader in fire-rated who are willing to create a sustainable- construction practices. Cities with a design team concept, will reap the bene- longer history of incorporation, such as glazing... fits of lessons learned more rapidly than Austin, Texas, have developed support those who create single projects. and education programs, as well as tools The American Lung Association of to service their construction communities Minnesota, in establishing criteria for the at the private and public levels. Austin's t Y? construction of its new Healthy Office city council passed a resolution in 1994 M Building Project, included the following that called for the development of sus- SuperLite f g fire & Safety a[ed glaztng9 by SAF 1 requirements in their RFP for Archi- tainable building guidelines for municipal T tects/En ineers <c[ALAMN] seeks to facilities. Those guidelines were developed 11 11, I'll I 11 "1 1, 1 1 engage the services of ...an architec- by the Green Building Program, in coop- 0• Highest Human Impact tural/engineering firm ...for the program eration with municipal staff and many Safety Protection at planning, site analysis (fit plan, parking, others, and included review and input in massing, access, etc.) and •Thickness: 1/4° design/construction n- phases of the project -90% Reduction in Heat _rs [for a] state of the art of u Tice building incorpo Transmission ,d rating the best in indoor air quality, energy-use, - ,n resource-use, ergono- mic, low maintenance _ information systems SUpprUte" 11 • fire & safety rated glazing5 by SAFTI and safety technology. _ nt Peel-back viewing sites S, will allow touring The interior o the living machine in the wastewater treatment n e builders, architects, and facility at Oberlin College, in Oberlin, Ohio. $*Thickness:3/4 in is other visitors to see the 45 minute Ratings; inner workings of the building." from interested members of the Austin 7-1/2° in 2 hour Ratings Whether contractors are expected to design and construction communities. it provide specific sustainable credentials as Those municipal guidelines specifically • Prompt Delivery - part of their qualification process may de- include an overview and introduction of Manufactured in the T pend on the project delivery method and the topic of sustainable building princi- U.S.A. .g the experience level of the building com- pies, particularly useful for department n munity in a given area. Qualifications may heads, building professionals, and others N be couched in the language of the contract who are interested in sustainability. In- c °r documents in such a way that even those eluded are a guide, using MasterFormat' s with no exposure to sustainable construe- divisions to help design professionals in- $ O 1- tion practices can comply. However, the corporate sustainability directly into de- why d learning curve will be a factor in deter- sign specifications, and a set of guidelines mining profitability for the contractor. for staff members involved in the opera- • a Design professionals and specifiers best tion and maintenance of facilities. D- serve the owners' interests by providing as As the City of Austin states on its Web n much direction as possible, without over- site: `Austin's Green Building Program www.sa July 2001 The Construction Specifier 35 will not single-handedly alter the culture but it does attempt to put key informa- tion in the hands of consumers as well as the mainstream building industry. This is done with the belief that people will make the choices that have the best chance of improving the quality of their 3 lives. In reality, we have seen that a va- riety of forces drive green building prac- tices. Consumer demand, resulting from v - public education and awareness, is ever - on the rise. Environmental responsibility _ on the part of building professionals and our own municipality is also growing. All of this serves to benefit the city govern- ment in its efforts to provide a well-man- aged city, and our citizens benefit with a ((k k better quality of life." The most successful programs, in Oriented to the south, the windows in this conference room allow for solar heatinggain in winter and terms of project completion and accept- provide year-round natural lighting in this Alinnesota DNR building. ante by the building community, are those that include a strong educational programs at universities and colleges, the the building will become a dynamic lab- component. (Refer to programs listed in concepts of sustainable design should be oratory for students to study." The the sidebar below for additional taught as part of an integrated planning Iredel -Statesville School District has reg- information.) and design program. Not only does it istered its newest school, scheduled for need to become part of the training of completion in 2002, with the U.S. Green Inclusion in design programs at practitioners, owners such as school Building Council's LEED Green Building institutions of higher learning boards should also adopt it as part of Rating System"To quote Lao Tsu, a Chinese philosopher: their curriculum. At the level of design professional ed- "In the end we will conserve only what we When interviewed concerning the ucation, the comments of Victor W. love... school district's desire for a sustainable Olgay, associate professor, AI A, School of W'e will love only what we understand... facility, Dr. Mary Bruce Serene, a Architecture, University of Hawaii at We will understand only what we are member of the school planning team for Manoa, in an article for Electronic Green taught." the Iredell- Statesville (North Carolina) Journal, best sum up the effectiveness of If Lao Tsu's idea is true, it is incum- School Board, stated clearly, "It's impor- program integration: "Like environ- bent on us as design professionals and tant that we teach our children to be mental issues, architectural education is practitioners to incorporate the princi- caretakers of our environment. How by nature interdisciplinary. Architectural ples of sustainability at every level of our better to do that than to build it into the design studios require the combination training process. From inclusion in in- very school students attend? In addition of information from many disciplines, troductory presentations during "Engi- to being a wonderful new school, the including history, materials, structures, neers Week" at elementary schools, to building itself will function as a teaching engineering, meteorology, social sci- inclusion in the curricula of professional tool. The technology we incorporate into ences, and others. This wealth of infor- mation is both an asset and a Civic Green Building Programs liability.... These studios have success- City of Austin, Green Building Program, Austin,Texas:http://www.ci.attstis.txus/greenbuilder/ fully brought the issues of environmental King County, Washington: Encompass: http://dtir.?netrokcgov/market/maplindex.htin sustainability from the periphery of ar- City of Portland, Green Building Standards, Portland, Oregon: chitecture education to become a stan- http://`vww. ci. portland. or. us/energy/resole do n_ no. htnt City of San Francisco, SF Environment, San Francisco, California: dard element in the palate of design http://w~tiiesfgoti.orglsjenvirotiment/pages/envir Services.htm concerns. Normalizing issues of sustain- Wimp County, Washington, Build a BetterKitsap: able design encourages 'students gradu- http://tvrvw.wa.gov/kitutp/departs:eatslptibivorkslenvirofrie?dly.{nrnl ating from schools of architecture to New York, New York, High Performance Building Guide: http://www.ci.nyc.ny.usllitmIld4iclhtnillpdfill.html contribute to an ethic of environmental Maryland Green Building Program: responsibility." hap://wsvw.dnr.state.rnd.us/prograrnslgreenbitilditigliritlexhtrrd Programs of advanced learning on sustainable design issues are now offered 36 The Construction Specifier July 2001 through many associations and institu- American Society for Testing Materials tions. Seminars originally offered singly document, Standard Practice for Data for continuing education credits are Collection for Sustainability of Building being developed into advanced certifica- Products, provides a list of questions ap- tion programs due to the perceived need plicabie to all building products that can "the safe decision" among design professionals for be followed by manufacturers in devel- standardiZed accreditation. oping their product literature, and can be used by architects and engineers in eva1- Increased information and new uation. Information available from re- product development allows design sources such as the American Institute of teams to effectively evaluate system Architects Environmental Resource Guide and product options. (ERG) and private publications like " This area still has room for significant GreenSpec (a product directory and SuperC.ite improvement. We've all experienced the guideline specifications published by En- fire & safety rated glazings by SAFTI effects of "green wash" when researching vironmental Building News) provide a a product for compliance with life-cycle framework for the evaluation and docu- criteria, giving us few reasons to trust the mentation of design decisions related to information provided by manufacturers. systems and products. • ALL PRODUCTS meet Product manufacturers need to respond Some of the best information can be the highest impact promptly and honestly with appropriate gleaned from case study reports on com- safety standards data (life-cycle cost and analysis, testing, pleted projects. Resources such as the :b- performance, maintenance, recycling, King County, Washington (Seattle) i]e and disposal) that aids the design profes- Web site (http://dnr.metrokc.gov/ • LARGEST SELECTION sional in the evaluation process. market/map/sitelist.htm) and the Min of sizes and perform- or There are tools that improve the nesota Sustainable Design Guide ance for your fire-rated n process of evaluation. The 2.0 evaluation case study file (http://www.sustain glass walls, windows ng tool Building for Economic and Envi- abledesignguide.umn.edu/MSDG/case & doors ronmental Sustainability (BEES)-de- studies.html) offer real-world examples :d- veloped under the auspices of the and lessons learned from both the National Institute of Standards and owner's and practitioner's viewpoints on • As low as $1 D/sq. ft. of Technology (NIST), in conjunction with specific design and product-selection for SuperLitdlm I at other governmental agencies-provides strategies. fire-rated glazings n a model for comparative life-cycle An enlightened owner in the public of analysis (see examples on page 34). The realm saw the concepts of sustainable n- • U.S. MANUFACTURED ' is *ftent61Readings:ABake`r'sDozen for fast delivery ral for a basic primer on issues of sustainable and ecological design; you may find the following ,,n list of books and articles helpful. Beyond the Limits, Donella Meadows, Dennis Meadows, Jorgen Randers y' The Ecology of Commerce, Paul Hawken Environmental Resource Guide, AIA Committee on the Environment, :i 1996-1998 Supplement Remember.. r _ State of the Worid-2001, Lester R. Brown, et al. A Woridwatch Institute Report on Progress Toward a Sustainable Sodety "the safe decision" a Green Building Materials: A Guide to Product Selection and Specification, Ross Spiegel and Dru Meadows, John Wiley & Sons, Inc, 1999 ` tal Guiding Principles of Sustainable Design, National Parks Service, Department of the Jr- Interior, 1994 c Design With Nature, Reissued. Garden City, NY.The Natural History Press, 1991 in- Natural Capitalism, Paul Hawken, Amory Lovins, and L. Hunter Lovins, Little, Brown, 1999 c Z7 Believing Cassandra: An Optimist Looks at a Pessimist's World, Alan AtKisson, Chelsea t n- Green Pub., 1999 • • a ltt From Eco-Cities to Living Machines* Principles of Ecological Design, Nancy Jack Todd and • • • c John Todd, Berkeley, North Atlantic Books, 1994 a a g g 3 to Ecological Design, Sim Van Der Ryn, Stuart Cowan, Island Press, 1996 Fir trii Gaviotas,A Village to Reinvent the World, Alan Weisman, Chelsea Green Publishing Co., a 1998 r° .c on The Natural Step for Business, Brian Nattrass, Mary Aitomare, Brian Naijrass, New Society and visit us at: '0 red Pub., 1999 i July 2007 The Construction Specifier 37 design as a way to work toward a more all-encompassing reassessment of in- _ ~e- ternal work processes. The Minnesota Department of Natural Resources, more than eight years ago, took a man- date from its director and input from a~11` t Ali a conference of over 300 program man- aaers and turned it into an opportunity to better understand its internal l~ I1 ~1 " ' r-"? ! _ processes. DNR staff asked themselves q-t t = tough questions to help redefine their work issues: What are the common eco- MEN r logical issues between internal DNR !1 x. groups and divisions? What happens rMi when those responsible for timber sales decide to sell off a stand of trees? How does that affect the wildlife manage- ment group's efforts to monitor and protect species, or programs con- This model at the atrium at Oberlin College is another example of sustainable design at work. cerning runoff and water quality issues monitored by another group? And how velopers, and the construction industry Understand the owner's perspective do the facilities occupied jointly, or sep- in general to quantifiable standards of on sustainable building arately, affect these different groups' performance. Public and private owners, when asked abilities to interact in an efficient and Mark Wallace, state program admin- what they perceive as major impedi- productive manner? istrative manager with the DNR in Min- ments to the process of achieving sus- The basic concept of sustainability pro- nesota, is candid when evaluating the tainable goals for projects, respond with vided a framework on which to rebuild results of the department's first two pilot the following precautions: their processes. As an owner, the DNR projects. According to Wallace, A green needed to identify sustainable goals its building is the cumulative effect of many Understand the economics of the firm projects must meet. The DNR formed a strategies. Those strategies can be major In our economy, once you understand partnership with the University of Min- and comprehensive and achieve substan- what you can sell your "product" for, you nesota's Building Research Group and tial goals, or can be minimal and only begin to minimize your input and fine- several other agencies, including Hen- achieve incremental steps.... We've made tune your output, in order to maximize nepin County (where Minneapolis is lo- some incremental steps, and each project your profit. This reduces room for cre- cated) and the Minnesota Office of will improve our progress." ativity-you get better at what you do by Environmental Assistance, to author an Essential to the whole process, says repetition and process improvement, but guide and rating system that would help it Jim Toothaker, director of the Bureau of it's improvement of the same process. establish goals for its projects and assist Office Systems and Services for Pennsyl- This holds true for owners as well as the design professionals in understanding vania's Department of Environmental design professionals they hire. and achieving those goals. The linnesota Protection, is "the ability to look at the Our economy doesn't readily sup- Sustainable Design Guide has become an bigger picture, and work as an integrated port process improvement that comes example for communities, public agen- team. You can't expect to sell the project from major paradigm shifts. There are ties, and private owners throughout the on life-cycle costs" Design professionals no incentives in the current design nation that seek to formulate goals for the have to convince the owner that sustain- process for research and process evalua- built environment. able design doesn't cost more, and the tion, so you're often getting "experts" Similar tools, like the United States most critical element to making green who are merely repackaging old ex- Green Building Council's LEED system, buildings affordable is applying whole- pertise in the language of sustainability. and New York City's Department of De- systems thinking and integrated design. Obstructionists within design firms are sign and Construction High Perfor- Toothaker suggests that setting energy probably more honestly saying they "did mance Building Guidelines, have served and resource conservation goals at the that back in the '70s,"• and, "there's to mainstream a standardized set of cri- front end of a project gives the project nothing really new in any of this. It's just teria that can be used by owners, agen- team the opportunity to develop a series good design practice." ties, and communities to push the of strategies that provide cost savings in That brings you to the point where envelope for building construction and certain areas to offset cost premiums in many owners are today-asking their de- planning and to hold practitioners, de- other areas. sign professionals why they should be 38 The Construction Specifler July 2001 paying extra for sustainable design or research, when it should ADDITIONAL INFORMATION be standard practice? Why should owners be asked to pay for the Author architect to review and research alternative materials or systems that will meet sustainable goals? Isn't this information design Rebecca Foss is a sustainable design consultant, specifier, and land- 1 rofessionals should be aware of as art of their common rac- scape designer with EcoDesign Resource, Inc. in Minneapolis, Min- p p p ; nesota. She can be reached by telephone at (612) 298-0503 or via tice? If a sustainable project is nothing more than a well-de- a-mail at rebecca@ecodesignresource.com. signed project, why should the owner pay more than the going rate for design services? To answer that in a satisfactory way for ! MasterFormat No. both the owner and the design professional takes honesty and General Data-Environmental Issues openness to self-evaluation that is often lacking. You must be willing to acknowledge the amount of information required to Key Words meet new goals, because the goals are legitimately different and • more complex. It's not just energy efficiency or product material sustainable development LEED- use, it's systems integration on a global scale. Abstract Skill sets to fully integrate sustainable goals are not commonly available The demand for sustainable design translates into simple eco- Architects have lost the facility to translate business objectives I nomics. An increase in the quality of services demanded in the current marketplace has resulted in an increase in the quality of into space. Many architects feel they lost the opportunity ; product delivered.Thisarticle suggests that this shiftinthemarket- I when programming was taken out of the basic services offered place, in turn, will lead to an increase in the demand for sustainable i under standard contractual language for owner/architect buildings in the United States, citing ground breaking projects as agreements. If the design professional is not involved in the examplesofthetheoryinaction. i full assessment of the owner's process and practice, the op- portunity to fully integrate issues of sustainability is lost, im- the architect is not involved in the programming process, it pacting on the total evolution of the design solution. When may be that no one questions whether or not the building is needed. Design professionals may believe they don't need to be doing process engineering design or process management analysis on top of building design. But to meet the basic FUE INFO premise of sustainable design-to do the best with what we have, in a way that will allow future generations to also do well-we must once again be willing to get our feet wet in the Li entire design experience. Understanding our clients intrinsi- cally-from what drives their business strategic plan to the way they produce their product-will enable us to perform to realistic expectations. AM&L THE TIMM` Understand the capacity of the owner to meet the goals set Owners are the ultimate decision makers. They hold the purse www,constructionspecif ier.com l l l strings and the final interpretation of goal achievement. When leadership at the top wants to create the "world's IVCliek on Linkpath best," it allows the middle-level leadership, along with the de- sign team, to leverage that commitment into something posi- Click on Whots inside tive. This also holds true for owners and practitioners. k0ick on Advertiser or In most organizations, corporate or public, when leadership on sustainable issues comes from the middle level, the outcomes enter Advertiser code are less assured and have a lower level of attainment. Be aware of the client's "profile." Will you face organizational (i. e. speeifier9) stodginess or "turf" conditions if process changes need to be made? In the end, the demand for sustainable design translates into simple economics. An increase in the quality of services TM demanded has resulted in an increase in the quality of LinkPath product delivered, such as we're experiencing today. That, in ® turn, will lead to an increase in the demand for sustainable buildings. 1p 40 The Construction Specifier July 2001 V ~ f ~ 1 Cam' AMF FRI `s I _ a a~ J re en, in min n 0 N' 1qn JC' i. y5- - •NT - TrA ,f - J 11..V interest and enthusiasm r ' - list of de.si,nc s. buiid_rs, own and N, e t ':3n Cs c1111n`- for better buildil s- ~a ai_d co.,~tl actior. is gr ; ii,~ rar i- dae a to the environmental, ;.ronmantal, health and eco- " norruc benefits demonstrated by the pilot by Peter Templeton, what makes a building green. LEED is the projects. Tom Dietsehe national, consensus-based standard for With LEED, the industry possesses the and Kris Price measuring the environmental perform- - ability to compare building performance ante of buildings. It provides the in- across projects and to stripe for greater Attend an industry conference or dustry with a benchmark for systems efficiency, resource COiserVa- pick up a trade magazin; this sustainability and a tool for guiding lion, occupant health, and employee pro- summer and you're bound to run green design practices into the main- ductiv ity. The number and diversit,; of across sessions and articles on green stream. (See The Construction SPec.fter, projects currently seeking LEED certih- building. You won't have to look hard. July 2000). cation is a clear indicator of the ra*iri The concept has been working itself The primary goal of LEED is to trans- S}-stem's impact on the market. In just into the industry vernacular for the past form the market by integrating green over 13 months, more than 130 proiec:s few years, but last year, the term building approaches and technologies have registered their interit to cern:N; with changed-it earned a definition. After into conventional building practices. the USGBC. These project, include com- almost a decade of discussion and de- CSGBC members representing all sectors mercial office bui_dinygs as yell as labora- bate, the industry defined green building, of the building industrybegan deg-eloping tories, hospitals, schools; mixed-usc with the Leadership in Energy and En vi- LEED in 1993. Before its release, LEED developments, libraries, sports '.enues, ronmental Design (LEEDT") svstem. was tested on over -50 diverse projects to convention centers, and transportation ;'hen the U.S. Green Buildinv Council ensure its applicability to all regions and terminals ranging from 138 m' to launched the LEED Green Building building types. The success of the first L' 167 225 m2(1,700 tt'to 1.6 million ft'). In Rating System` last `larch, it defined LEED-certified pilot projects has sparked total, these projects cover over July 200! The Construction Specifier 29 w 2 043 866 m-' (22 million ft') in 30 dif- buildings, for a million federal em- certification. Subsequently, the Navv has ferent states and four countries. An up- ployees, we understand how big a differ- applied LEED to all major projects and is dated list of registered projects is posted ence we can make for the environment. currently working toward new certifica- on the USGBC Web site. GSA supports what the council is doing, tions. The Nary is also assisting the LEED has helped raise awareness of and we are committed to using the council with the development of LEED the benefits of green building, bringing LEED Rating System in our buildings." rating criteria for single-fain.] and low- greater and broader acceptance. Early GSA has followed through on the ad- rise, multi-family developments to be re- support from environmental groups ministrator's commitment to better leased with the nest revision of LEED in and universities has spread to all sectors performance and higher returns on in- 2003. The Air Force is using LEED on its and the momentum continues to grow. vestment by registering several federal development efforts as well, and is docu- LEED is a voluntary program, but the courthouse facilities for LEED certifica- meeting its experience in a LEED Appli- widespread adoption of LEED by major tion over the past year. cation Guide for lodging facilities. This public, private, and non-profit institu- Green buildings are helping govern- manual will provide insights to both tions nationwide is evidence of both ment agencies reduce operating costs public and private users on special con- the need for and the timeliness of the and improve work environments for siderations for lodging, hotel, and dor- rating system and sustainable building their employees. The EPA has shown that mitorv projects. The Department of the guidelines. the air quality of indoor environments, Army has adopted the LEED criteria and where Americans spend more than 80 incorporated them into its Sustainable Red, white, blue, and green percent of their time, can be two to five Project Rating Tool ;SpiRT Federal government projects account for times worse than outdoors. Green over 10 percent of construction in the building practices can significantly im- Local leaders United States, and the ag_ncies respor,- prove workplaces by addressing both en- Numerous county and state gcVern- sible for the major:tv of these develop- vironmental health and comfort meats nationwide ha,:e taen notice of -11 ments were early supporters of concerns from the onset. The EPA has green building benefits and success. and sustainable desi=,, and LEED. Although used the LEED guidelines on recent pro:- are looking or ways to promote sustain- the federal government often guides in- e:;ts and has registered projects in able design locally. The Cir. of Seattle, dustr growth and direction through Kansas, North Carolina and Michigan Washington was one of the f'_rst na:rici- regulation, in the case of green building, for potential LEED 2.0 certification. The pa'.ities to id•enti! LEED'S moter.tiai for it is Join- so by example. agencv is also asking its desi-n teams to strengthenin.r, , its efforts. Seattle adopted During the past four years, the prepare preliniinar. LEED ratings for LEED for use on all public projects last USGBC has coordinated annual green laboratories planned in Massachusetts, year and has since registcr -i ma or proj- building surlmits with the Federal F acil- \lissouri and Georg'.:. ects includm~, tl c Citv H,::: and justice ities Council to share sustainable design In addition to the,: ;lian agencie,, th_ Center for certification. A Casa-gala experience, objectives, and successes U.S. Army; Navti and Air Force have all Chapter of the USGBC has 'Deen formed among the agencies of the federal gov- embrac d LEED in their vast construe- to address regional issues the Pacific ernment. This year more than 330 atten- tion portfolios. The Bachelor Enlisted Northwest. Other cities including Port- dees came together to discuss federal and Quarters at the Great Lakes Naval land, Oregon and Austin, Texas are also local green building policy, education, Trainin- Center in Illinois was the first requiring LEED certification of and technology initiatives. The Enyiron- federally funded facility to earn LEED cer:r.ar~d or1 r..;r 60 mental Protection Agency, National Park Service, Departments of Defense, Energy First LEEDTTM 2.0 Certified Building` and State all echoed their commitment Last fall, thePNCFinancial Services'First Services'Firsts4p Center in Pittsburgh, Pennsylvania, became the to supporting better building design, first building certified under version 2.0 of the LEED Building Rating SystemT'1 by meeting the 17, construction, and operation practices. requirements for Silver Level Certification. The sustainable design approach enabled the owners to address occupants health and comfort The current LEED-registered projects Concerns that ultimately affect employee productivity and retention. Highlights of the lists shows that they are putting their building's design and performance include: words into action. ~ Site: redeveloped brownfield site in an urban center; maximized open space, comprehensive The U.S. General Services Admjnis alternative transportation strategy Water: water-efficient landscaping tratlon was the fist federal agency to Energy: 33 percent below baseline case (ASHRAE 90.1 1999); fully commissioned join the council's membership, and ad- Materials: more than So percent of building materials (by cost) meet recycled content and ministrator David Barram announced local origin criteria last year that its capital projects would Indoor Environmental Quality: C02 sensors; low-emitting carpets; temperature and humidity controls, daylighting and views be required to meet LEED certification CFinancialServicesisthe74th1argestfinancialinstitutionintheUnitedStates.They requirements. "As the agency that man- Gently began their next development project and hope to achieve a LEED Gold Rating. ages space in 8,300 owned and leased 30 The Construction specifier July 2001 I • • ` ; Ali R iR t~ dent fy i i ® ~ A h n ii • • , et C S r~_ 1 1 Id n r 3 n4 f by Alex Wilson nterest in green building is growing and compile listings of products that can loaded from the Buildin-Green.com I rapidly in North America, driven in serve as substitutes for materials consid- Web site (ww-w.buildinggreen.com). part by the U.S. Green Building ered damaging to the environment, such Council's Leadership in Energy and En- as polyvinylchloride (PVC). GreenSpec Criteria vironmental Design (LEED) Green By its nature, product selection is the The GreenSpec criteria fall into five major Building Rating SystemT'". Green most relevant aspect of green building categories and 27 subcategories. These building has many facets; from energy ef- for specifiers. But finding green products are described briefly below: ficiency to land-use planning, to healthy for a project can be difficult and time building interiors. consuming. 1. Products made from environmentally "Green" can mean different things to As an extension of its longtime work attractive materials different people, companies, and agen- with Environmental Building News What a building product is made from ties. For the federal government's Corn- (EBN), publisher BuildingGreen, Inc. has and where its raw materials come from prehensive Procurement Guidelines, the created GreenSpec Directory, a compre- are the most commonly recognized determining factor is recycled-content hensive directory of green building ma- green criteria. but for the American Lung Association, terials available in North America. When • Salvaged products. Salvaged materials the health impacts of materials (i.e., po- EBN editors set out to create a product are green because they allow reuse of a tential offgassing) are examined. Some directory, however, it included the cri- product without substantial processing environmental organizations, such as teria that were involved in determining or remanufacturing-thus saving INFORM-a national non-profit organ- which products met the "green" Stan- resources and energy. ization that identifies practical ways of dard. The GreenSpec criteria were first • Products with postconsunzer recycled living and doing business that are envi- published in January 2000 and have been content. From an environmental stand- ronmentally sustainable-focus on the revised several times since. The most re- point, postconsumer is better than life-cycle impacts of different materials cent version of the criteria can be down- postindustrial, because the materials i i 24 The Construction specifier July 2007 used for manufacture are diverted from • Rapidly renewable products. Rapidly re- with chemicals considered environmen- the solid waste stream. Recycled-content newable products are made from short- tally damaging. levels differ widely among different ma- rotation agricultural crops. Examples • Products that reduce material use. Some terials, so the specific GreenSpec criteria include natural linoleum, coir, and jute products are not green in and of them- vary by product type. geotextile materials, as well as plant- selves (i.e., they do not have recycled • Products with postindustrial recycled based form-release oils. content or come from a particularly sus- content. While not as environmentally • Products made from agricultural waste tainable source), but they can be consid- attractive as postconsumer recycled material. The most commonly used agri- ered green because they result in content, use of postindustrial waste can cultural material is straw (the stems left materials savings elsewhere. For ex- help reduce impacts associated with the over after harvesting cereal grains). ample, a few drywall clips can replace a extraction of virgin resources. Exam- Compressed straw is used in certain par- corner stud in wood-frame construction. ples include fiberglass insulation, shin- ticleboard products and an innovative Also, concrete pigments can make it pos- gles made from scrap PVC, and fly-ash acoustic ceiling panel system. sible for a concrete slab to serve as a fin- concrete. • Minimally processed products. Some ished floor, thus eliminating the need for • Certified wood products. While wood is products are considered green because a finish floor. an inherently "green" material-relying they are made from natural materials • Alternatives to ozone-depleting sub- on solar energy as the primary energy that require little processing. Native stances. This criterion applies to products input-not-all forests are managed in an stone and slate shingles are examples of in categories in which the vast majority ecologically responsible manner. The best such products. of products still contains or use ozone- way to ensure that wood being specified depleting hydro chlorofluorocarbons comes from well-managed forests is to 2. Products that are green (HCFCs) (i.e., extruded polystyrene and make sure it has been certified according because of what isn't there polyisocyanurate foam insulation and to Forest Stewardship Council (FSC) Some materials are included in Green- compression-cycle heating, ventilation, standards. To be included in GreenSpec, Spec because they allow material savings and airconditioning (HVAC) lumber products and most engineered elsewhere or because they provide alter- equipment). wood products must be FSC-certified. natives to conventional materials made • Alternatives to products made from PVC _ MINK- MM i. ; with _,Gree._.n.I Cabinets } Paneling ftlaY cases Mouldings Mt:dite 11=lnter'ier Apollcaiians The only MDF panels created without added formaldehyde. 1 Don't compromise-your design is your signature. With ~x~~ ~ F r~; SierraPine's no added formaldehyde MDF panels, making the .41 green choice no longer has to limit your creative options. caint_ In!ior W rKtW Sllls Call or e-mail us to find out which panel is right for your BaboomcaWrlers o next project. 1-800-676-3339 • info@sierrapine.com raedex~tuteaexetc It ef#or'-nfo tU e An' ns ; i a 4 Y i 5ierraAne _ i www.sierrapine.com C 0 M P 0 S I T E S O L U T I O N S o ,c i innovation market expertise creativity manufacturing excellence # CERTIFIEDI wallFianelIN rMedite FR-Clads 1 NOVI, ~'Ciieiftied " i July 2007 The Construction Specifier 25 i r and polycarbonate. Most PVC (vinyl) trot products and some innovative foun- products are more than 40 percent chlo- dation systems that eliminate the need Author rine by weight. If incinerated at the end for excavation. of their useful life, these products can re- • Products that reduce the impacts of reno- Alex Wilson is the executive editor of lease toxins, such as dioxin. Polyester vation. Access flooring systems reduce GreenSpecDirectory aswell asfounder and executive editor of Environmental. and natural-fiber commercial wall coy- costs and impacts associated with recon- Building News, based in Brattleboro, erings are considered green because they figuring offices. Leased carpeting mini- Vermont. He can be contacted through provide an alternative to industry-stan- mizes waste because manufacturers are www•Buildinggreen.comatalex@build dard vinyl. more likely to recycle it after collection. inggreen.comorbytelephone it(802)1 .257-7300.. • Alternatives to conventional preserva- • Products that reduce the impact of demo- tive-treated wood. Chromated copper ar- lition. In this category, the list includes MasterFormat No. senate (CCA)-treated wood poses fluorescent lamp and ballast recyclers and significant environmental risk, particu- low-mercury fluorescent lamps, since 1104110--Directories larly if disposed of by incineration. Pen- they reduce the environmental impact of General Data-Environmental Issues tachlorophenol (Penta) and improper disposal during demolition (as Key Words creosote-other conventional wood well as renovation). preservations-are considered carcino- directories j genic. Safer alternatives, such as ACQ- 4. Products that reduce the environ- Divi ission control iv on 73 - Preserve and borate preservative mental impacts of building operation treatments are thus considered green. This is an extremely important criterion Abstract • Alternatives to other components consid- in green building. Since buildings last ' ered hazardous. This miscellaneous cate- such a long time, the ongoing environ- When specifiers research environmentally friendly building materials, one of the gory includes products such as mental impacts associated with opera- first problems they face Isdetermining low-mercury fluorescent lamps and solar tion often far outweigh the impacts what constitutes a green product.This collector absorber plates made without associated with manufacturing the mate- article spells out the criteria one of North chromium. rials going into them. America's leading green building directo- ries uses to establish its expansive list of • Building components that reduce heating products. Also included is a sidebar 3. Products that reduce environmental and cooling loads. Structural insulated listing other such directory resources. impacts during construction, panels, insulated concrete form systems, renovation or demolition autoclaved aerated concrete, and high- considered green, However, if highly Some building products are green be- performance windows can all be consid- durable or FSC-certified window sashes cause they help avoid pollution or other ered green because they reduce energy and frames are used, the U-factor environmental impacts during construc- loads in buildings. With windows, an en- threshold is loosened to 0.30 (higher U- tion, renovation, or demolition. ergy performance threshold has been es- factors mean lower energy performance). • Products that reduce the impact of new tablished-the manufacturer must If the windows are made of PVC, the U- construction. Among other items, this produce and actively market a window factor threshold is tightened to 0.20. category includes various erosion-con- with a unit U-factor of 0.25 or lower to be • Equipment that conserves energy. Spe- cific energy-performance (efficiency) re- OtherGreen Product Directories t~. quirements have been established for GpidetoResoureeEffleientBu[idingElertt/nts(6thEd.),T.Mumma, TheCenter forRe- appliances and HVAC equipment-typ- sourceful Building Technology (CRBT) ically more stringent than federal stan- • Building Design Assistance Center (BDAC) Sources, Florida Solar Energy Center (FSEC), [Available BDAC Sources (directories) include Efficient Glazing Systems, Energy Design dards or Energy Star requirements. Software, Energy Management Systems, Insulation Systems and Radiant Barriers, Lighting Compact-fluorescent lamps, occupancy Products, Motors and Drives and Roofing.] sensors for lighting, and heat-recovery • Environmental Resource Guide, American Institute of Architects (AIA),John Wiley and Sons, equipment are also included under this [Annual supplements available] • The Harris Directory of Pollution Prevention Products for Home, Office and Garden, B.J. criterion. Harris [Available on the World Wide Web at www.harrisdirectory.com] • Renewable energy and fuel cell equip- • Oikos Product Directory (formerly known as The REDI Guide], Iris Communications [Avail- ment. Equipment and products that al- able on the world wide web at www.oikos.com] lows for the use of renewable energy, • The Architectural Resource Guide (ARG), Architects, Designers and Planners for Social Responsibility (ADPSR), Northern California Chapter [Available in book and electronic formats] such as solar water heaters, and photo- • Green Builidng Materials: A Guide to Products, Selection, and Specification, R. Speigel voltaic equipment, are considered green. and D. Measows,John Wiley and Sons Although fuel cells currently rely on •The Sustainable Building Sourcebook W. Doxsey, D. Seiter, City of Austin Green Building Program [Updated periodically] fossil fuels, they are considered green be- cause they will help spur the transition to a hydrogen economy. 26 The Construction Specifier July 2001