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
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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
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for a night of lodging
$14 aver
/
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\ 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 <
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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
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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
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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
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LANDSCAPE PLANS FOR SEED MIX.
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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
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DATE: AUGUST 7, 2001
Attachment A: Site Plan
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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
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ak
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o
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. r
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Location of Wesst Wall
View of
F
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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:
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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
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U '•``vwj t., ' d ` 1W <L.":.~ 1~~.. ...='~p wK~l ~t.. :d v_
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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
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interest and enthusiasm
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' - 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
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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