HomeMy WebLinkAbout2001-11-13 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, NOVEMBER 13, 2001
2:00 P.M. IN TOV COUNCIL CHAMBERS
AGENDA
1. Swearing in of New Council Members. (5 mins.)
Lorelei Donaldson
ACTION REQUESTED OF COUNCIL: All four of the newly elected
Council Members will be asked to stand and raise their right hands
as Lorelei administers the oath.
2. Town Council Organizational Meeting: (1 hr. 30 min.)
Bob McLaurin
i. Selection of Mayor/Mayor Pro-Tem.
ACTION REQUESTED OF COUNCIL: As much discussion
desired may take place regarding these elections. At the
point in time the discussion is ended, a motion should be
made to the effect: "I move that be elected as Mayor
of the Town of Vail for a two year term which ends at the
organizational. meeting held by the new Council after the
regular municipal election in November, 2003". There
should be a second to the motion, and then the entire
Council is to vote "yes" or "no". Vote by secret ballot is also
an option, with a verbal motion of approval on which to be
voted. Election of the Mayor Pro-Tem should follow the
same procedure with the works "Mayor Pro-Tem" substituted
for "Mayor" in the motion.
ii. Appointment of Two Year Election Commission.
ACTION REQUESTED OF COUNCIL: Approve/deny the
potential Election Commission members as presented.
BACKGROUND RATIONALE: Section 2.5 of the Charter
provides for two registered electors within the Town of Vail to
be appointed to the Election Commission for a period of two
years and to serve without compensation. The Town Clerk
is the chairman of this commission. The appointment occurs
following each regular municipal election.
STAFF RECOMMENDATION: Appoint Karen Morter and
Mary Jo Allen.
iii. Appointment of Municipal Judge.
ACTION REQUESTED OF COUNCIL: Buck Allen has
served as the Town of Vail Municipal Judge since 1979. The
Charter provides the Municipal Judge should be appointed
for a two year term. The suggested motion would be: "I
move that be appointed as Municipal Judge of the
Town of Vail for a two year term until the organizational
meeting held by the new Council after the election in
November, 2003". The motion should be seconded and
voted on by Council.
iv. Committee Appointments:
a. Northwest Colorado Council of Governments
Board.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the Board Member on NWCCOG. Although in the
past there has been an alternate for this position, for the past
four years there has not. After discussion of this item, a
motion should be made as follows: "I move that
be appointed as the representative of the Vail Town Council
on the Northwest Colorado Council of Governments Board of
Directors." The motion should be seconded and voted by
the Council. The appointment of the Alternate, if needed,
will be similar.
Sybill has served for the past 8 years and would like to
encourage Council to appoint another Council member. As
well, NWCCOG has asked that Sybill remain on their board
as a representative for Vail through the end of the year.
VOTING MEMBER. COUNCIL DISCRETION.
b. Water Quality/Quantity Committee/NWCCOG ,
Member.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the Council's representative on this committee.
Although in the past there has been an alternate for this
position, for the past four years there has not. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Appointment Committee to
Quality/Quantity Committee/ NWCCOG." The motion should
be seconded and voted by the Council. The appointment of
the Apprentice, if needed, will be similar. VOTING
MEMBER. COUNCIL DISCRETION.
C. Vail Valley Tourism & Convention Bureau.
ACTION REQUESTED OF COUNCIL: Rod Slifer has served
as the Board Member on the VVT&CB Board. Greg Moffet
has served as the Alternate. After discussion of this item, a
motion should be made as follows: "I move that
be appointed as the representative of the Vail Town Council
on the Vail Valley Tourism & Convention Bureau Board of
Directors." The motion should be seconded and voted by
the Council. The appointment of the Alternate will be similar.
A Town Council member is required in the bylaws. Meetings
are held the third Wednesday of every other month,
approximate hours 8:30 a.m. - 10:30 a.m. The time
commitment is 2 to 3 hours every other month. With the
current merger of the VVTCB and the WCC underway, this
appointment may not be of long tenure. VOTING MEMBER.
d. Colorado Association of Ski Towns (CAST)
Member and Alternate.
ACTION REQUESTED OF COUNCIL: Ludwig Kurz, Greg
Moffet and Bob McLaurin have served on CAST. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council for the Colorado Association of Ski
Towns." The motion should be seconded and voted by the
Council.
Meetings are held every other month around the state.
There is no set date or time limit. The Mayor should serve
on this, with the Town Manager. VOTING MEMBER.
e. Vail Recreation District/Town Council
Subcommittee
ACTION REQUESTED OF COUNCIL: Diana Donovan and
Kevin Foley have served as Town Council representatives
on this committee. After discussion of this item, a motion
should be made as follows: "I move that and
be appointed to represent the Vail Town Council on
the VRD/Town Council Committee." The motion should be
seconded and voted on by the Council.
Meetings are held on the second Tuesday of the month at
9:00 a.m. at the Vail Golf Course - Krueger Room. A
Council member should sit on this committee. ADVISORY
MEMBER.
f. Special Events Committee.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as Town Council representatives on this committee,
with Greg Moffet "shadowing" since January. After
discussion of this item, a motion should be made as follows:
"I move that be appointed to represent the Vail
Town Council on the Special Events Committee." The
motion should be seconded and voted on by the Council.
Meetings are held as needed. The meetings run about two
hours. Greg Moffet would like to continue on this committee.
However, Greg would like Council members to alternate on a
monthly basis. VOTING MEMBER. COUNCIL
DISCRETION.
g. Bravo! Colorado Board.
ACTION REQUESTED OF COUNCIL: Rod Slifer and Kevin
Foley (alternate) have served as Town Council
representatives on this board. After discussion of this item,
a motion should be made as follows: "I move that
and be appointed to represent the Vail
Town Council on the Bravo! Colorado Board." The motion
should be seconded and voted on by the Council.
This board meets quarterly for 2 to 3 hours and a Council
member is required. VOTING MEMBER. COUNCIL
DISCRETION.
h. Town of Vail Housing Authority.
ACTION REQUESTED OF COUNCIL: Chuck Ogilby is
serving a three-year term as the Council's representative on
the Authority (expires in 2004). After discussion of this item,
a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Vail Housing Authority." The motion
should be seconded and voted by the Council. The
appointment of the Alternate will be similar.
Meetings generally are held once a quarter within a one hour
time frame. There is the potential for more time when there
are special projects. VOTING MEMBER PER STATE
LEGISLATION.
i. Channel 5 Vail Valley Community Television
Board.
ACTION REQUESTED OF COUNCIL: Ludwig Kurz has
served as the Council's representative on this board. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Channel 5 Vail Valley
Community Television Board." The motion should be
seconded and voted by the Council. VOTING MEMBER.
COUNCIL DISCRETION.
Meetings are held the first Tuesday of every month at 7:00
a.m.
j. Art In Public Places (AIPP).
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the board's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Art In Public
Places board." The motion should be seconded and voted
by the Council. VOTING MEMBER REQUIRED BY TOV
ORDINANCE.
Meetings are held the second and fourth Thursday of each
month with meetings generally from 8:30 a.m. to 10:00 a.m.
A Council member is required by ordinance.
k. Mauri Nottingham Environmental Award.
ACTION REQUESTED OF COUNCIL: Diana Donovan and
Chuck Ogilby have served as the Council's representatives
on this committee. After discussion of this item, a motion
should be made as follows: "I move that be
appointed as the representative of the Vail Town Council on
the Mauri Nottingham Environmental Award Committee."
The motion should be seconded and voted by the Council.
Meetings are held annually. Award to be given at Street
Beat Concert January 2, 2002. Committee meeting on Dec.
15th. Council member is required. VOTING MEMBER.
COUNCIL DISCRETION.
1. Vail Valley Exchange/Sister Cities.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as Town Council representatives on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Vail Valley
Exchange Committee." The motion should be seconded and
voted by the Council.
Meetings are held randomly throughout the year. A Council
member is required. VOTING MEMBER. COUNCIL
DISCRETION.
M. Eagle County Regional Transportation Authority.
ACTION REQUESTED OF COUNCIL: Kevin Foley has
served as Town Council representative and chairman on this
authority. After discussion of this item, a motion should be
made as follows: "I move that be appointed as the
representative of the Vail Town Council on the Regional
Transportation Authority." The motion should be seconded
and voted by the Council. The appointment of the Alternate
will be similar. VOTING MEMBER REQUIRED BY STATE
LEGISLATION.
n. Ford Park Management Plan.
ACTION REQUESTED OF COUNCIL: Kevin Foley has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Ford Park
Management Plan Committee." The motion should be
seconded and voted by the Council.
Through the approved Ford Park Management Plan,
quarterly meetings have been set. A Council member's
presence would be appreciated, but is not required. Pam
Brandmeyer serves as staff.
ADVISORY MEMBER. COUNCIL DISCRETION.
o. Vail Valley Chamber of Commerce (VVCC).
ACTION REQUESTED OF COUNCIL: Greg Moffet has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Chamber
Committee." The motion should be seconded and voted by
the Council.
The Chamber meets the third Friday of each month. With
the current merger underway (see Item e), this tenure may
be of brief duration. VOTING MEMBER. COUNCIL
DISCRETION.
P. Open Space/Charter Committee.
ACTION REQUESTED OF COUNCIL:. Sybill Navas has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Open Space
Committee." The motion should be seconded and voted by
the Council. VOTING MEMBER REQUIRED BY TOV
CHARTER.
q. Colorado Ski Museum and Ski Hall of Fame.
Ludwig Kurz has served as the Council's representative on
this committee. After discussion of this item, a motion should
be made as follows: "I move that be appointed
as the representative of the Vail Town Council on the
Colorado Ski Museum and Ski Hall of Fame." The motion
should be seconded and voted by the Council. ADVISORY
MEMBER. COUNCIL DISCRETION.
r. Town of Vail/Vail Associates Task Force. The
Mayor and his/her appointee has served as the Council's
representative on this committee. After discussion of this
item, a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Town of Vail/Vail Associates Task
Force." The motion should be seconded and voted by the
Council.
Sybill Navas has been the appointee. VOTING MEMBER.
S. Vail Youth Recognition/Ambassador Award. Sybill
Navas has served as the Council's representative on this
committee. After discussion of this item, a motion should be
made as follows: "I move that be appointed as
the representative of the Vail Town Council on the Vail Youth
Recognition Award committee." The motion should be
seconded and voted by the Council.
This committee gets together once a year to determine the
award recipient. VOTING MEMBER. COUNCIL
DISCRETION.
t. Vail Alpine Garden Foundation Board. Town of
Vail staff member Todd Oppenheimer has served as the
Council's representative on this board. The board meets on
the third Friday of every other month. After discussion of this
item, a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Vail Alpine Garden Foundation Board."
The motion should be seconded and voted by the Council.
ADVISORY MEMBER. COUNCIL DISCRETION.
U. Colorado Alliance for a Rapid Transit Solution
(CARTS). This board meets as scheduled. Kevin Foley
served as the Council representative and Greg Hall as staff
representative. Meetings held as needed. After discussion
of this item, a motion should be made as follows: "I move
that be appointed as the representative of the
Vail Town Council on the Colorado Alliance for a Rapid
Transit Solution (CARTS) Board." The motion should be
seconded and voted by the Council. VOTING MEMBER.
COUNCIL DISCRETION.
V. Vail Local Marketing District Advisory Board.
Greg Moffet served on this board. One member should be
appointed, and this member should be different from the
Special Events Committee. As well, schedule "circulating
member participation" by all other councilmembers on a
monthly basis so all Councilmembers have some degree of
exposure to the process by which this board operates. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Vail Local Marketing District
Advisory Board." The motion should be seconded and voted
by the Council. VOTING MEMBER REQUIRED BY
VLMD BOARD OF DIRECTORS.
W. Vail Chamber and Business Association (VCBA)
Board. Sybill served on this board in an advisory capacity.
The board meets the second Tuesday of each month. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Vail Chamber and Business
Association Board." The motion should be seconded and
voted by the Council.
VOTING MEMBER. COUNCIL DISCRETION.
X. Parking Task Force. Ludwig Kurz and Greg Moffet
currently serve on this board. The meetings are held as
needed, approximately 6-8 meeting per year. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Parking Task Force." The
motion should be seconded and voted by the Council.
ADVISORY. COUNCIL DISCRETION.
Y. Eagle County Capital Projects Advisory Board.
Greg Moffet currently serves on this board. Meetings are
held approximately twice/year. After discussion of this item,
a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Eagle County Capital Projects Advisory
Board." The motion should be seconded and voted by the
Council. ADVISORY. COUNCIL DISCRETION.
3. New Year's Eve - validate public safety plan. (20 min.)
Joe Russell
4. DRB/PEC Report. (5 min.)
Allison Ochs
5. Information Update (5 min.)
6. Council Reports (5 min.)
7. Other (5 min.)
8. Adjournment. (4:15 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, NOVEMBER 20, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, NOVEMBER 20, 2001, BEGINNING AT 7:00 P.M. IN TOV COUNCIL
CHAMBERS
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, NOVEMBER 27, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL
CHAMBERS.
Sign language interpretation available upon request with 24-hour notification. Please call 479-
2332 voice or 479-2356 TDD for information.
COUNCIL FOLLOW-UP
OLLOWUP
TOPIC QUESTIONS F
2001 _
10/23/01 RESERVATIONS REPORT BOB: Contact both Frank Johnson and Bill Jensen to
Council see whether they would be willing to keep Council
informed on reservations bookings for the upcoming
season.
11/6/01 GOING-OUT-OF-BUSINESS RUSS/MATT; What is the law in re: to stores who
SIGNS continuously display GOING-OUT-OF-BUSINESS
Sybill Navas signs? How long can a sign be displayed before it
becomes fraudulent?
RECREATION PATH SIGNS LARRY/GREG: There is a need for more signs on Vail's
Chuck Ogilby recreation paths indication "walk on right, pass on left"
to improve user safety.
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November 13, 2001 - Page I
STAFF MEETING
THURSDAY, November 8, 2001
9:00 A.M. IN THE ADMINISTRATION CONFERENCE ROOM
AGENDA/FOLLOW-UP
1, Review Next Week's Agenda.
2. Council Follow-Up Sheet.
3. Citizen Inquiry.
4. Next Week's Schedule.
Pam out 11/12 - 11/16
5. Departmental Items.
Joe Russell - New Year's Eve meeting - all players present. Alien Ant Farm concert at Dobson
Arena for 15-20 year olds. Tickets $25 will go on sale Dec. 20t1- 2 tickets/person. Adventure
Ridge activities scheduled for 12 - 15 year olds. Tickets $20/person. VRI to advertise.
Olympic Torch Relay - Will be in Colorado 4 days - in Vail 2/1. V.I.P. vehicle available.
Complaint Process- Joe setting up Standards Committee - asking for volunteers.
Liquor Board annual meeting set for 1:00 P.M., 11/14 in Council Chambers.
World Cup Race - 11/26 - 12/2 - Beaver Creek, TOV bus drivers will be assisting.
Mike McGee - Vail will be hosting10 firefighters from lower Manhattan Feb. 3rd
Request for indoor fireworks for wedding at the Lodge. Approvals will be needed from the Lodge,
VRI, and fire department.
Telemark fire asbestos related.
Russ Forrest- Strategic Direction definitions drafted for new Council.
6. Other.
7. Critical Strategies.
UPCOMING ITEMS:
November 20. 2001. Work Session
Preston Isom - 25 year anniversary
Revenue Discussion - Strategic Goals
November 20. 2001. Evenina Meetinq
First reading, major amendment to SDD6 (Vail Village Inn) to allow
conversion of hotel rooms to EHU's.
Ord. #31, housekeeping ordinance, 2"d reading
November 27. 2001, Work Session
Donna Arnold - 15 year anniversary
DRB/PEC Report.
1'Imcu4db W b/.gmd W. W lig
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin
Town Manager
DATE: November 9, 2001
RE: COUNCIL LAUNCH
As you are aware, we have scheduled a Council Launch for Wednesday and Thursday,
November 14 and 15. This meeting will be held in Breckenridge at the River Bend
Lodge. We are preparing a packet for this event. Specifically, we have included
several documents which will help provide perspective and a frame of reference for your
discussions next week.
I will be hand-delivering this packet to you on Saturday. If you have questions regarding
this information or need additional information over the weekend, please do not hesitate
to call me at home, 476-73.88.
u
TOWN OF VAIL
Office of the Mayor
75 South Frontage Road
Vail,. Colorado 81657
970-479-2100
FAX 970-479-2157
www ci. vail. co. us
October 25, 2001
Mr. Wm. C. Klingensmith III
4720 East Oxford Avenue
Englewood, CO 80110
Dear Mr. Klingensmith,
I appreciate you taking the time to write regarding your experience with noise in the East
Vail area, and I wanted to take a moment and address your concerns.
The Town of Vail has, for some time, been trying to find a remedy for this very problem.
We have recently begun construction of earthen berms along Interstate 70 in East Vail,
which we hope will alleviate some of the highway noise in general.
Unfortunately, the noise ordinance to which you referred would be difficult to apply to an
engine brake. To enforce the ordinance, our Police Department is required to use a
"Soundmeter," which registers the decibel level of the noise. The level must meet a
certain threshold for a designated, sustained length of time. I do not disagree that jake
brakes are loud, unique and annoying, but rarely do they meet the criteria for a violation
of our noise ordinance as written.
You will be happy to know, however, that we are currently analyzing the implementation
of a specific "jake brake" ordinance in the town code. While I cannot guarantee when, or
if, such an ordinance will come into existence, I welcome your participation in the
process and any other comments you may have.
Sincerely,
~gj, V
Ludwig Kurz
Mayor
RECYCLEDPAPER
* Page 1 of 3
Pam Brandmeyer - www.TourVail.com
From: "Alan Crandall" <arandall@activecurrents.com>
To: <obosent@rot:net>, <ogilbycm@rofnet>, <pamelas@thegoldenbear.net>,
<parkmead@vail.net>, <parlia@vail.net>, <passsweat@aol.com>, <passsweat@aol.com>,
<pazzos@vail.net>, <pbrandmeyer@ci.vail.co.us>, <peakbldr@vail.net>,
<peregrinn@quest.net>
Date: 11/1/01 1:57 PM
Subject: www.TourVail.com
c
n, c, t .
AmWi0a
Present...
www-JourVail.coni
ActiveCurrentsTM, Inc. has been commissioned by the Vail Chamber & Business
Association to develop the first "data base" driven virtual tour product designed to market
the businesses that make Vail unique. This means that the text and imagery related to the
tour can be changed to ensure that it continues to give a, true representation of your
establishment. This product has been developed using' iPIXTA° 360x360 technology to
create a virtual walking tour of Vail.
For the VCBA members, this "Vail Virtual Tour" gives travel agents, tour operators and
millions of potential web customers the ability to visit your Vail location and experience the
unique difference of what you have to offer. The "Vail Virtual Tour" allows the a member
to change a restaurant menu seasonally or update a shop's product line, and even link
directly to a member's web site to make sure that the web visitor is viewing the most up to
date information regarding your establishment.
To reach the travel market place with millions of potential customers, Active Currents TM
has partnered with Sabre TM, the principal owner of TravelocityTM. Sabre TM will also be
distributing these tours back to all of its travel partners through their new development
called Evoya WebTopTM. This will enable travel agents, tour operators and their clients the
ability to preview and book what is available in Vail. Finally, Active CurrentsTM will make
the URL for these tours available to each VCBA Member's web site along with major travel
portals such as Travelocity.
VAIL CHAMBER & BUSINESS ASSOCIATION UNDERWRITES
VIRTUAL WALKING TOUR
Offers Significant Savings to Members
file://C:\Windows\TEMP\GW } 00002.HTM 11/1/01
Page 7 of 3
The VCBA has partnered with Active Currents to create a cutting edge Internet project - the
first true walking tour of a resort town. Storefronts in Vail Village, Crossroads/Vail Village
Inn, LionsHead, Cascade Village, West Vail and East Vail will be shown free of charge.
Members without storefronts will be listed in a service directory. Storefront images and 100
character basic listings are FREE to all members.
The best way to explain this project is to visit www.TourVaii.com to see a model of this
technology. Links to the Tour will be available free to all members as well as major Internet
travel portals including TravelocityTA° and Sabre TM.
All members wishing to participate must fill out the form below and return by fax to Active
Currents, or email by, 11/15/01 to be included in this season's basic tour.
Businesses are able to enhance their presence on the tour with a Premium Listing.
Originally priced between $1,000.00 and $3,000.00 per year, the price is now only $250.00
per year for the first iPIX image and $150 for each additional image, based on a three-year
contract. This savings to members is due to the VCBA's underwriting and Active Currents'
sponsorship.
Premium Listings include:
o Interior virtual tours of your establishment (take the Tour and see the Off Piste
Sports for an example);
o Links to your website;
o Expanded listing;
o Tour and image hosting;
o Up to four changes of description content per year.
0 Please add our business to the premium listing.
0 Additional internal iPIX images requested.
0 1 am only interested in the basic listing.
Name of Establishment
Contact Person:
E-Mail
Physical Location
Mailing Address
Phone Number
Fax #
FREE 100 Character Basic Business Description:
Print form and Fax to 303-444-2967
or
file://C:\Windows\TEMP\GW } 00002.HTM 11/1/01
Page 3 of 3
send above requested information to: sales(cDActiveCurrents.com
4,rL.
IN
file://C:\Windows\TEMP\GW)00002.HTM 11/1/01
Oct 01.01 07:23p Jan Etters (970) 949-5117 p. 1
gid(aw 40
Jon Etters
Flipping through the pages of the Herald Sun, an Australian newspaper out of
Melbourne, I found a number of articles directly related to affairs in the United States.
Written on the front page in bold letters was the exclamation: "Evil to the Death, The
McVeigh Execution" It was interesting to see how much more the Australians are
involved on our current affairs than we are with theirs.
Before I left to go to Australia, I noticed that New York Times and the Vail Daily
featured very few articles about the country. This is why I was always interested in
traveling to Australia. It is a country enveloped in mystery. Other than a few trivial facts, I
knew nearly nothing about the political, economical, historical or social aspects of the
country.
Stepping off of the plane in Melbourne, I wasn't quite sure what to expect. I knew
I wasn't apt to see people riding kangaroos down the street or wrestling crocodiles down
by the river, but I wondered if I would find a dusty, red, desolate landscape inhabited by
tough and rowdy individuals. Although I knew I would be in the mountains, and that
Crocodile Dundee is only a false stereotype of the people in Australia, these were the
images that came to mind when I thought about this country.
This is why, looking back on what I took from my six weeks down under, I am
surprised at what I learned. Apart from a few obvious changes, I encountered a culture so
similar to mine that at times I felt like I hadn't left Colorado. What I began to learn was
that, after traveling thousands of miles-- halfway around the world-- I didn't know what
other nations thought of America and its people. 1 learned about the stereotypes about
Americans, and what ~,...ylc liked and disliked about the United States. My host family
was the main factor in driving these ideas into my mind. They frequently asked about life
in the United States. I was forced to characterize my country and culture. This was
something I never really had to do before. I found it very hard ~.,especially because of
the great diversity in our nation. I think that this is the most important thing I took from my
Oct 01 01 07:23p Jan Etters (970) 949-5117 ip.2
experiences in Australia because it allowed me to have a more insightful outlook and to re-
examine my cveryday experiences here in the United States. I started to realize all of the
things I took for granted and thought were universal. The relationships I formed along the
way are also very important to me.
After the end of my six weeks in eastern Australia, I had formed dozens of new
friendships and bonds. From the family I stayed with, to fellow employees, to friends of
the family and even complete strangers, I was able to have conversations about life in
America, Australia and correlations between the two. I often exchange emails with many
of these people, and learn from what they have to say.
The other significant thing I learned about was the differences between our two
nations. Despite the fact that i found our cultures strikingly similar, the smaller, seemingly
more insignificant things made me see the unique culture that they have forged. Strong
Australian accent and dialect, kangaroos retreating from the fields into the bush, and a
remarkable Australian `footy' match are all examples of commonplace things that struck me
with awe.
I returned from Australia with valuable experiences. I learned a new way to look at
America and I reexamined what I call normal life. I created insightful connections and
relationships with people on the other side of the globe. I learned a great deal about the
political, economical, historical, and social aspects of Australia. overall, my experiences in
Australia helped me have a more worldly outlook.
}
As one of last year's recipients of the Vail Valley Youth Ambassador
Award, I feel it necessary to share my valuable experience with those who
are directly responsible. Thanks to the Town of Vail and the Vail Valley
Youth Exchange program, I will forever remember the incredible memories,
and the friendships I gained during my stay in Vail's sister city, the Delatite
Shire in Australia.
This opportunity allowed me to experience a culture so similar to ours yet
so uniquely different. I look back at some of the cultural differences and
laugh when I think of something like Fairy Bread. My Australian "mum" made
me this unique treat after attending my cousin's First Communion. Fairy
bread is a slice of white bread covered in confectionary sprinkles. When she
first placed this delicious treat in front of me, I thought to myself, "I have
never seen sprinkles on anything other than cupcakes." I was surprisingly
pleased by this creation and have brought it home to my friends and family.
This program also gave me a chance to make relationships with people
living halfway around the world. The Aussies proved to be some of the
friendliest people as they welcomed me into their home. The Gleichs, my
host family, are now a second family to me. The person who I gained the
closest relationship with was my host sister, Jess. We had begun to build a
friendship when she came and stayed with my family during the winter of
2000, and my stay allowed us to become cfoser. She introduced me to many
of her friends who have now also become my friends.
The benef its of the Vai I Valley Youth Exchange Program, helped me to
grow as an individual and experience life outside the Vail Valley. I would
personally like to thank everyone who made this unique and wonderful
opportunity possible for me, and would encourage future funding so other
students in the valley can have this invaluable opportunity.
Sincerely,
Krista Kedrowski
w6u,1101, all L11G r it1a auu of funds on at-risk kids, providing testing and Bear; a David Yearman bracelet; over last year, and it is an important component to
PTOs work together cooperatively and will
even eyeglasses as well as the equipment they $100,000 in merchandise and services donat- the fundraiser, all participants, including vol-
ingly to get this goal done." might need to meet with success. Gypsum ed by local stores and businesses; and even an unteers, must buy a ticket. Tickets for adults
The goal, Ewing added, is to raise enough. Elementary School, where Ewing's child adventurous John Deere ride'on a tractor! The are $6, and $4 for children. Tickets will be
money to help out every elementary school in went last year, used the money to purchase silent auction will run from 10 a.m. until 2:30 _ sold at the doors. ?
the district (now eight) for the entire year, so
p.m.
Town of Vail seeks
high school ambassadors to Australia
By CONNIE STEIERT 'Rotary's Interact program.. Two
Yait Trait Staff v summers 'ago, she went with her Becoming an
The Vail Youth Ambassador
church youth group to Tijuana to
Award not only recognizes out- build houses. She jumped at the ambassador
standing youth it provides a unique, chance to travel to Australia.
opportunity. Hi h school students Students interested in becoming
gF#, thought it would be a really
selected for this award are given a good opportunity to go to Australia Youth Ambassadors for Vail must be
the 11th grade at either Battle
;f' in
potentially life-changing ~ chance to and see a different part of the
c i Mountain High School or the Vail-
do something for the Town of Vail,} world, and to see Vail's sister city
and for themselves. resort," Kedrowski says. Mountain School. Applications can
Just ask Krista Kedrowski and Etters, now a senior -at Vail. be found in the school offices.
Jonathon Etters. Mountain School also has a strong Juniors must be able to show acad
"I think it opened my emic excellence; community
probably t € academic record. He plays soccer,
1 f involvement/service; achieve-
mind to a different way of life," hockey and likes telemark skiing
A ments in sports or skiing prowess;
Kedrowski, who spent the
says pent and Ultimate Frisbee. Through Vail
summer in Australia as a Vail Mountain School, Etters has also unquestionable integrity; and inde-
Youth Ambassador. county is producing," says assis- "It's another way we have of been involved in several volunteer pendence and confidence.
"It gave me a different perspec- tant Town of Vail manager Pam bridging the two. communities," efforts around the community. Students must also be willing to
tive . on how people look at Brandmeyer. Brandmeyer explains. Etters has dreamed of being a work or volunteer in Australia for six
America, from how we look at our- Each year, the Town of Vail rec-. It was this time last year that Vail Youth Ambassador since weeks, during June and July. The Vail
selves," says Etters, a fellow Youth ognizes two high school juniors for both Etters and Kedrowski learned eighth grade, when he saw a Vail Valley Exchange will try to line stu-
Ambassador. "It opened my eyes." their academic,. social -and athletic the town was seeking applicants. Mountain School student receive dents up with work and volunteer
Kedrowski and Etters were this accomplishments, as well as offers After applying, both were scruti- the honor• at his older brother's projects.
ear's recipients of the--Town of The deadline for recommendations
y them a chance to become a young fuzed in several areas of their stu- graduation. from both high schools to the Town
Vail's Youth Ambassador Award. ambassador- to Vail's sister city, the dent lives. "I always wanted to do it. I
Now in its fourth year of opera- Delatite Shire, in Mt. Buller, Kedrowski, now a senior at . thought it would be cool," Etters of Vail is Sept. 28. Students who are
tion, the Town of Vail is once again Australia. The Town of Vail pro- Battle Mountain High School, says. And it was. recommended will be interviewed by
looking for two worthy recipients vides the airfare and $500 spend- _ maintains an above 4.0 grade point . Both students stayed in the a committee made up of Vail Valley
for next year's, Youth Ambassador ing money, and the Vail Valley average, plays on the volleyball, Delatite Shire for six weeks this. Exchange and Vail Town Council
Award. Exchange helps the l Ith-graders basketball and golf teams at past summer. representatives, as well as past par-
"We wanted to put some pro- line up travel arrangements as well school, is a member of the Kedrowski stayed with ents of youth ambassadors.?
gram together that would recog- as a host family to stay with while National Honor Society and a - Connie Steiert
nize the high caliber of youth this in Australia. member of the Vail-Eagle Valley SEE NEXT PAGE
r berii21.12 7'; ~pQ.1-
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To:' Town of Vail Planning Commission and
Mayor and Council Persons
cc: Town Manager
Re: New construction in Circle Drive, Buffehr Creek Subdivision
This is to register our shock and dismay concerning the new construction on Lot 25 in the
above-described subdivision. On the smallest lot you have approved what must be the largest square
footage to be built. This was a neighborhood of small, older homes that were build in the 60's and have
been, for the most part, owner-occupied by some of Vail's earliest residents. We were the accountants,
ski patrollers and hard workers who, during the first years of Vail's existence, moved every six months
and lived in substandard spaces until we could buy and build a little place of our own.
We are a neighborhood of people who helped the town acquire and build parks, remedy the deannexation
of West Vail and assist in planning and development of the Vail Commons. We are an anomoly in Vail
there are children who play in the streets and parks, and older retirees who garden, read and just enjoy
our lives in this beautiful location. We acknowledge that, according to Vail standards, our lots would be
considered "under-developed". That has contributed to our pleasure in living here.
Not only have you allowed the owner of Lot 25 to "max out" the lot, you permitted his secondary
structure to be built directly in front of the John Goodell residence, where a large triangular roof
dominates the view from their home. There were other places on the lot that could have taken the
structure, or the height of the roof could have been modified to minimize the impact on the neighbor's
residence. We discussed this with your planner, Brent Wilson, who told us that the Planning Commission
was not required to consider the impact of new construction on the existing neighborhood. Really! We
believe that Town of Vail governmental services are mandated to provide equal protection to all residents
and property owners, not just developers.
We are sad to see our quiet, pleasant neighborhood "upgraded". It is just another step in pushing out the
little people of modest means who have held on here. Soon, instead of having 25% owner-occupied
residences in the village, there will be none and the town will have to look elsewhere for a citizenry to
participate in town affairs.
`lam >=t u 4j,.tiD o Zi ~zaa Ydel
Grimm oy'~~~ ~iS ~
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1 of 1 10/28/013:30 PM
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Gerald E. Dahl
CML General Counsel
Legislature enacts (Editor's note: This topic has been
the subject of two prior articles in
.new rules on Colorado Municipalities. The lust
article appeared in the September/
October 1976 issue and was au-
thored by Tad Foster, Assistant City
Att for oaedInt the Marcte
seconnddarti articlee appe appeared In the Marci?
conflicts of interest se
April 1986 issue and was authored
by Susan Griffifhs, former CML Gen-
eral Counsel.)
Assume that you are a member
of the board of trustees in a small
municipality. Your community is 30
miles from the nearest town and
often isolated in winter by mountain
passes. In February, a water main
freezes and breaks. It needs to be
dug up Immediately and repaired,
or the entire system will freeze,
Council and board members need to costing the town thousands of dollars
to repair, with no water in the mean-
"-understand new voting rights and time. You own the only backhoe in
. rocedures in situations where town. The town board asks you to
P do the excavation work and bill
conflicts of interest exist them. Can you do the job?
A second example: You own the
only gas station in town. Can you
sell gasoline to the town, in order to
save the expense of driving the
police cars on a 60-mile round trip
to fill up at the next community?
Under the law as it existed in
Colorado prior to the spring of this
year the answer to both questions
would be no. Both contracts would
have been prohibited conflicts of
Interest. No written or oral disclo-
Editor's Note sures or abstentions from voting
would have cured the problems.
After this issue of Colorado Municipalities went to press, the Both would have violated a portion
Colorado Revisor of Statutes Issued 1988 Replacement Volume of section 31-4-404, C.R.S., which,
10A, in which the material enacted by HB 1209 appears. For until March 18, 1988, read in part
modification purposes, the revisor renumbered the new article of follows:
Title 24 enacted by HB 1209. All references to acicle 17 in HB 1209 Inlor shall any such member be inter-
should be changed to article 18, as they appear in the codified ested, directy or indirectly, in the profits
statute books. (Example: 24-17.101 becomes 24-18-101). of any contractor job for work or services
to be performed for the city or town.
18 Colorado Municipalities/November-December 1988
The above language was deleted The General Assembly Interested In the discharge of his official
by the Colorado General Assembly duties. On the record he did not serve
during its 1988 legislative session. enacted two bills with an eye single to the public weal.
In place of this blanket prohibition, Ihje took advantage of the favorable
the General Assembly enacted two containing significant action of the board to work his own
bills containing significant new rules new rules which allow enrichment and the county's undoing!
which allow municipal officials to munid al officials to
disclose such interests and to ab- P The most recent decision In Colo-
stain from voting on them. This pro- disclose such interest rado on this subject is Berkley Met-
cedure now allows the official to and to abstain from ropol/tan District v. Poland' a 1985
retain the Interest in the contract Colorado Court of Appeals case in
This article will describe the new voting on them. which a member of a water and
rules for the identification and dis- sanitation district board also served
closure of conflicts of interest, as public officers contractingwith them- as a paid consultant to the board
well as their legal implications from selves and for their own benefitn° over a period of several years. After
the perspective of the Colorado In the 1933 case of People v. some changes In its makeup the
municipal official. Naturally, this arti- Brown,` the Colorado Supreme board elected to abrogate the con-
cle cannot serve as the substitute Court relied upon School District v. tract and brought suit to recover
for legal advice from the municipal Pomponi for the proposition that a the compensation and expenses
attorney. It is intended only to alert public official may not contract with paid The Court of Appeals applied
Colorado municipal officials to sig- himself to his own profit In that the common law rule that public
nificant new limits of permitted ac- case, a county treasurer had specu- policy forbids public officers from
tivity. You should consult your attor- lated in tax certificates belonging contracting with themselves fortheir
ney for advice in specific cases.. to the county. The Court held that own benefit, citing School District v.
: the actions of the treasurer"did not Pomponi and People v. Brown.
Colorado Case Law effect any change as to the rights of The fact that the board member
A quick review of the significant the county to the funds realized had excused himself from voting or
cases decided by Colorado courts from the redemption"s and stated deliberation on the contract each
on public officials' conflicts of inter- the common law rule in these mem. time it was discussed by the board
est may be helpful before describing orable terms: was held to have no effect on its
the recently enacted statutes The invalidity. Neither was it significant
general rule at common law (law Brown was a minister of the law, bound that the district had ratified the
derived from decisions of the courts) by his oath and every canon to be dis- (continued on page 20)
was that public officials were com-
pletely prohibited from entering into
any contract with the government
r itt '
they served No amount of disclosure,
t abstention, stepping down, orother Il p 38 YEARS YOUNG!
safeguards were felt to be adequate
to protect the public from self-dealing
by public officials. Ir
The Colorado Courts adhered to i~ Concrete streets-
this common law rule. In the 1926
case of School District #98 v. Pom- a wise investment
poni,' two members of a school
district board were officers of a Seventeenth Street Denver
company with which the school dis-
trict had contracted. The statute An example of a long lasting concrete street in Colorado.
prohibited officers of school districts Concrete streets last longer, and require less maintenance-
from making contracts in which they Specify concrete pavements-the best value over the long
f had an interest. The Colorado Su- term.
! preme Court invalidated the con-
tract as "against public policy and
void or voidable irrespective of any for more information, contact
statute "2 The tact that the school
district had benefited financially from CRNWA
the contract and had not in any
manner been cheated by the officials COLORADO "ADV MU"
` was immaterial in the face of "the ~ c N"am SftWL Suds 200
rule of public policy, which prohibits Raw tit 321-07as
Colorado Municipalities/November-December 1988 19
Conflicts of interest C '
Payments to the board member as Municipal officials may now par.
they were made and had, In fact, Municipal officials may ticipate In contracts Involving their
received value for its money. The now participate in municipality if they make proper
Court upheld the trial court's deci- disclosure of their interest and ab-
sion that the agreement itself was contracts involving their stain from voting and from attempt-
Illegal and therefore void at the municipality if Ing to influence other members of
outset they the governing body on the Issue.
This common law rule, In concert make proper disclosure This obviously includes refraining
with the prohibition in (former) sec- and abstain from voting from participation in any delibera-
tion 31-4-404, prior to its amend- tions, meetings, or conversations
ment In 1988, has proved a source and from attempting to leading up to the actual vote on the
of real hardship to Colorado munici- influence other members contract or other matter. Finally,
pal officials. Many situations exist, new subsection 31.4-404(3) allows
particularly in small communities, of the government body. the membertovote notwithstanding
where the only provider of a vital his conflict if participation is "nee-
municipal need (construction equip- sled on the provision of the Colorado essary to obtain a quorum or other-
ment, gasoline, mechanical repairs, wise enable the body to act, but
office supplies) has been a business Constitution applicable to members only if the member complies with
owned or operated by a member of of the General Assembly. the voluntary disclosure provisions
the board of trustees orcity council. The League drafted the measure of section 24-17-110. This latter
Local businessmen in Colorado's and actively supported its passage. section was enacted as a part of HB
communities have a long and proud As amended, new subsections 31- 1209 during the 1988 legislative
tradition of public service. It is not 4-404(2) and (3), C.R.S. now read session.
surprising that conflicts of interest
under the prior statute and case (2) Any member of the governing body HB 1209 (July 1, 1988)
law have been a problem. of any cityortownwhohasapersonalor
private interest in any matter proposed
or pending before the governing body Structure of the Act
HB 1057 (March 18, 1988) shall disclose such interest to the gov. The 1988 session of the General
The General Assembly changed eming body and shall not vote thereon, Assembly also saw the enactment
the statutory rules applicable to and shall refrain from attempting to In- of a significant and somewhat com-
conflicts of interest of Colorado fluence the decisions of the othermem- plex statute setting forth standards
municipal officials with the passage bars of the governing body in voting on of conduct for public officials and
of HB 1057, signed into law on the matter. employees at all levels of govern-
March 18,1988, by Gov. Romer. HB (3) A member of the governing body of ment in Colorado, both state and
1057, sponsored by Rep. Sam Wil- any cityortown mayvote notwithstand- local HB 1209, sponsored by Rep.
liams of Breckenridge and Sen. Sally Ing subsection (2) of this section if his
participation is necessary to obtain quo- Chris Paulsen of Englewood and
Hopper of Golden, eliminated the rum or otherwise enable the body to act Sen Jeff Wells of Colorado Springs,
absolute prohibition of the former if he complies with the voluntary disclo. specifically applies to officers and
law, replacing it with a rule of dis- sure provisions of section 24-17-110, employees of local governments,
closure and abstention, closely mod- C.R.S. which are defined to include the
government of a county, city and
county, city, town, special district,
or school district!
.HB 1209 can be broken down
Into four groups of new standards
applicable to government officials:
1. Absolute rules of conduct,
2. nonbinding ethical principles,
3. written disclosure rules, and
1.~., 1 IL YJ I [1 4. new rules relating to Interests
• • - • by public officials in government
contracts.
• - . • The General Assembly's effort to
distinguish between binding rules
" • • • • • • • of conduct and nonbinding "ethical
principles" Is generally described
• - • • •
. • • • provides In part:
20 Colorado Municipailties/November•December 1988
c c
The general assembly hereby declares tion acquired In the course of official
that the prescription of some standards duties when used to "further sub- Section 24-17-104
of conduct common to those citizens stantiate personal financial inter-
involved with government Is beneficial est"" This section also prohibits Prohibits the disclosure
to all residents of the state. The prov{- accepting a gift of substantial value of confidential information
sions of this part 1 recognize that some or of substantial economic benefit
actions are conflicts per se between acquired in the course
public duty and private Interest while H It would "Improperly influence" a
other actions may or may not pose such reasonable person or If a reasonable of official duties when
conflicts depending upon the surround- person should know it Is primarily a used to "further
Ing circumstances! reward for official action." This pro- hibition has a parallel in the Colo- substantiate personal
While it Is helpful that the ethical rado criminal code at section 18-8- uncial interest."
principles are described as nonbind- 302, concerning bribery. Section
ing, including both binding and non- 24-17-104 goes on to prohibit a
binding rules for conflicts of interest public official or employee from ac- Subsection (3) of section 24-17-
may lead to some difficulty in Inter- cepting economic benefits, includ- 109 duplicates the changes made
preting and applying the act Be- ing loans issued at lower than the to section 31-4-404 by HB 1057.
cause of its complexity and poten- commercial rate and compensation That is, a member of the governing
tial interrelationship with other pro- for services rendered which exceed body of a local government who
visions of law(including section 31- the fair market value of those serv- has a personal or private interest in
4-404, applicable only to municipal ices" any matter proposed or pending
officials, and the criminal code sec- Happily, section 104 lists a num- before the governing body must
tions dealing with bribery and cor- ber of "safe harbors" items not con- disclose the interest to the body,
rupt influences), the municipal of- sidered gifts of substantial value or not vote thereon, and refrain from
! ficial is cautioned to seek the advice gifts of substantial economic bene- attempting to influence the other
of the municipal attorney in comply- fit. These include campaign contri- members of the body." Also, and in
ing with HB 1209. butions, occasional insignificant gifts, parallel to section 3144-404(3), it Is
nonpecuniary awards for public serv- permissible to vote despite the con-
(Mandatory) Rules of Conduct ice, actual and necessary travel, flict if the off iciars participation is
Two separate portions of the act and subsistence expenditures for necessary to obtain a quorum or
establish mandatory rules of con- public duties, perishable or non- otherwise enable the body to act,
duct Section 24-17-1.04 establishes permanent items (including tickets but only if written disclosure is made
rules of conduct for all public officers, to sporting, recreational, education, to the Colorado Secretary of State
members of the General Assembly, or cultural events), honoraria, and under the written disclosure prow
and local government officials and payment of-salary from other gov- sions enacted by section 24-17-
employees, while section 24-17- ernment employment" 110.18
109 establishes additional rules only Section 24-17-109 also contains
for local government officials and some"safe harbors." It is permissible
employees. Section 24-17-104 pri- Section 24-17-109 is entitled to use local government facilities or
marily concerns prohibited conduct "Rules of Conduct for Local Govern- equipment to communicate or cor-
in connection with a "personal fi- ment Officials and Employees." It respond with constituents, family
nancial interest," which in turn Is should be carefully reviewed by members, or business associates,
defined as including: municipal officials and municipal and to accept or receive a benefit
employees. Prohibited conduct as an"indirect consequence of trans-
1. An ownership interest in a busi- under this section includes: acting local government businessn19
ness; Both sections 24-17-104 and 109
2. a creditor interest in an insol- 1. Engaging in a substantial fi- employ the standard of proof "be-
vent business; nancial transaction for private busi- yond a reasonable doubtrQ0 This is
3. an employment or prospective ness purposes with a person whom a relatively high standard of proof.
employment forwhich negotiations the local government official or em- In trial practice this standard would
have begun; ployee inspects or supervises in favor the government official It is
t 4. an ownership interest in real or the course of official duties;' or more than a mere "preponderence"
personal property; 2. performing an official act directly of proof and requires that the over-
5. a loan or other debtor interest; and substantially affecting to its whelming majority of the evidence
or economic benefit a business orother point toward a violation before it
6. a directorship or.officership in undertaking in which the local gov- will be considered proven.
a business.10 ernment official or employee has
` either a substantial financial inter- Ethical principles
Section 24-17-104 prohibits the est or is engaged as counsel, con- Section 24-17-105 of HB 1209 is .
disclosure of confidential informa- sultant, representative, or ageneo (continued on page 22)
Colorado MunicipalitiesINovember-December 1988 21
Conflicts of interest '
entitled "ethical principles for public in the private sector after leaving
officers, local government officials government service (only where such
and employees." By the terms of employment would be specially ad- Section 24-17-110
the section, these principles are vantaged by the official's having requires the written
guidelines to conduct and do not served in government)?` disclosure to the
necessarily constitute violations If
they are not followed' Naturally, Written disclosure: Secretary of State be
the municipal official would be wise Section 24.17.110 made "prior to acting in
to observe these guides to avoid This section is referenced bysec- g
any appearance of impropriety. Sec- tion 31-4-404(3), which in turn al- a manner which may
tion 105 sets forth three such guides: lows municipal officials to vote on a impinge on his fiduciary
matter In which they have an inter-
1.The official should not acquire est; if their participation is necessary and the public trust."
or hold an interest in a business or to obtain a quorum or otherwise
undertaking which he orshe believes enable the body to act The permis-
may be "directly and substantially sibility of such a vote is specifically If the official chooses to perform
affected to its economic benefit" by conditioned bythe terms of sections the official act he orshe must"state
official action by an agency over 31-4-404(3) and 24-17-109(3)(b) fortherecord thefact andsummary
which the official has substantial upon making the written disclosure nature of the interest disclosed at
authority22 to the Secretary of State under the time of performing the actrQ6
2.The official should not perform section 24-10-117.Thiswritten dis- Section 24-17-110 requires the
an official act directly and substan- closure must include the following: written disclosure to the Secretary
tially affecting a business or other of State be made "prior to [emphasis
undertaking to Its economic detri- 1.The amount of the interest, added acting In a manner which
ment when the official has a sub- 2.the purposes and duration of may impinge on his fiduciary duty
stantial financial interest In a com- services rendered and the public trust" Significantly,
peting firm or undertaking?3 3.the compensation received, and if this written disclosure is made, it
3.The section recommends a six 4.such other information as nec- constitutes an affirmative defense
month moratorium on employment essary to describe the interest to any civil or criminal action or any
other sanction26
Prohibited acts relating to
contracts and claims
HB 1209 enacted a series of new
sections, at section 24.17-201, et
COLORADO CORRECTIONAL INDUSTRIES seq, entitled "Prohibited Acts Relat-
ing to Contracts and Claims" This
section generally prohibits mem-
bers of the General Assembly, public
MARKETING OFFICE - 100 E. 66th Ave. officers, and local government of-
ficials or employees from being in-
.Denver, CO 80221 (308) 428-5297 terested Ina contract made by them
• CHEMICAL PRODUCTS cenerW. Auumwum atwoom. Dtaia Runts in their official capacity or by an
agency
• CUSTOM Beds. Pootbckera P.rlc I SW or board of whi=ch they are
members or employees.
• FLAGS AzpmW F+p. Colorado Flap. Custommed eamen Obviously, if this rule were absolute
• FURNITURE SYSTEMS Modular SymeM Computer • Ortke Furniture and without exception,- It would
• GENERAL SERVICES Bundler{ Renwdelim Concrete wort. ftwuns completely set aside the ability to
disclose a conflict and abstain from
• MATTRESSES FYItD7EC, Ls zoo N... and Flreaeal Matuesn voting, as discussed above. How-
e PRINTL;G Ftnnk eeochum,N. na, St&uonm, Envebpes ever, sections 24-17.201 et seq.
•SIGNS OAdoor MW Woodn SWo. arK* saw. Nam UP specifically incorporate the disclo-
• SURPLUS PROPERTY Coiondo State Surplus L' ...y is a newly aopuhed sure and abstention rules.
VISIT us a our >m tranderred from the nep.etnent Ads Local government officials and
Now Dever Address aeulon w Carocuonal Industries. Item. lnduee: F1rnl- employees are permitted to have
loo E. ~ Ave. turn. Omce Equipmet. U-S. wooaeorer,S an Interest in the following contracts:
Phom 42&=7 Egtdp"em K-dd-Toot K-vy E9 1. A minority interest in a corpora-
tion,
2. contracts awarded to the lowest
22 Colorado Municipalities/November-December 1988
responsible bidder based on com- ficial action on the matter? It is
petitlve bidding, Generally, the mere possible to read the phrase in sub-
3. merchandise sold to the highest fact that an interested section (1) "to which he is about to
bidder at public auctions, member has voted will act in his official capacity," to limit
t 4, investments or deposits In fi- the required disclosure only to those
nancial institutions which are in the render the ordinance circumstances in which the action
business of loaning or receiving void, even though it is (the vote or other positive action) is
money, taken. The more conservative, and
5. a contract with an interested beneficial to the city. In this author's opinion, better-rea-
party if, because of geographic re- soned view is that the written disclo-
strictions, It would cost greater than Statutes, or the standards of conduct sure to the Secretary of State should
# 10 percent to contract with a non- for persons Involved in government be made in either case: whether or
Interested party (if the contract is established by HB 1209, In title 24 not the official chooses to disclose
for services that must be performed of the Colorado Revised Statutes, his interest and abstain This course
within a limited time period and no may not constitute compliance with of action has the additional benefit
{ other contractor can provide those the requirements of the criminal of avoiding any potential violation
+t services within that time period), code in title 18. of subsection (3), which makes fail-
and Under the "bribery and corrupt Ing to disclose such a conflict of
6. a contract with respect to which influences" article, 18-8-301 etseq, interest a class 2 misdemeanor.
the local government official or em- "pecuniary benefit" is more broadly
ployee has disclosed a personal defined than in other statutes and Void or voidable?
interest and not voted thereon, or Includes anything "the primary sig- What happens to a contract which
voted thereon but made written nificanceofwhich iseconomic gaim!" Is entered into by an official who
disclosure under 31.4-404(3), 24- The criminal code's approach to has a conflict of interest and either
17-109(3)(b), and 24-17-110. required disclosure of a conflict of does not disclose that conflict or,
t interest is somewhat different than after disclosing, votes onthe matter?
Finally, section 24-17-202 pro- that set forth in either HB 1057 or The common law, while divided, clear-
hibits local government officials from 1209. Section 18-8-308 governs ly leans towards a majority rule that
being purchasers at any sale or the disclosure of conflicts of inter- the contract is void. The Colorado
vendors at any purchase made by est of public officials in the following Supreme Court has so held in School
them in their official capacity. manner. District v. Pomponi and People v.
The important point to be made Browrr. The Colorado Court of Ap-
concerning sections 24-17-201 18-8-308. Fairing to disclose a conflict peals as late as 1985 has so held in
through 24-17-204 is that they spe- of interest (1) A public servant commits Berkley Metropolitian District v. Po-
' cifically include the ability of a local failing to disclose a conflict of interest if land Other states have come to
with a a govern- discretion- similar conclusionO
official to disclose an Interest and ary function in in coiconnnecection substantial
not vote on the matter, ment contract, purchase, payment, or An issue that is often raised in
other pecuniary transaction without this context is whether the govern-
Criminal code requirements having given seventy-two hours' actual ment actually obtained a benefit
Several sections of the Colorado advance written notice to the secretary from the contract Even so, the courts
criminal code also affect the obliga- of state and tothe governing bodyof the and commentators tend toward the
_ tions of elected and appointed mu- government which employs the public view that this does not affect the
nicipal officials. These sections are servant of the existence of a known determination and that the contract
generally found at section 18.8- potential conflicting interest of the public _ Is still void In some cases, this will
servant In the transaction with reference that the public entity will gain
301, et sect entitled "Bribery and to which he is about to act In his official mean y g
Corrupt Influences," and section capacity. an unjustified benefit Such was
18-8-401 et seq. entitled "Abuse of (2)A'potential conflicting interest' exists certainly true In the Berkley case
` described above. One commentator
Public Office." when the public servant is a director,
A detailed discussion of these president, general manager, or similar has expressed the rule in this way.
sections Is beyond the scope of this executive officer or owns or controls
article. Municipal officials should directly or Indirectly a substantial Inter Where the ordinance was passed only
carefully review these sections in est in any nongovernment entity particl- because of the vote of the Interested
consultation with a municipal attor- paling In the transaction. member, it is everywhere vold Generally
ney to ensure compliance with all (3) Failing to disclose a conflict of inter- too, the mere fact that an interested
applicable statutes. est Is a class 2 misdemeanor, member has voted will render the ordi-
nance void even though it Is beneficial
HB 1057 and 1209 do not make Is the local official excused from to the city By the majority view, the
any internal cross-references to the making the written disclosure to resolution or ordinance is void even
criminal code. Compliance with pro- the Secretary of State under section though the vote of the interested official
r visions of the municipal statutes In 18-8-308(1) if the official abstains was not necessary to passage"
1
title 31 of the Colorado Revised from voting or taking any other of- (continued on page 24)
l
Colorado MunicipalitiesJNovember-December 1988 23
Conflicts of interest
Interestingly, HB 1209 appears Some home rule munid- pointed officers and employees in
to take the minority view, that the Colorado's, municipalities can be
contract is voidable rather than void palities in Colorado justifiably proud of this fact
At section 24-17-203 HB 1209 pro- h In the final analysis, the amount
vides: have enacted codes of of time, attention, and energy spent
ethics which in some evaluating the potential for a con-
Voidable contracts Every contract made flict and attempting to deal with it
in violation of any of the provisions of cases are more stringent properly under the law before the
section 24-17-201 or 24.17-202 shall that requirements set issue is discussed or voted upon
be voidable at the instance of any parry will always be substantially less
to the contract except the off icer Interest- forth in HB 1209. than that required to attempt to
ed therelrt comply with the law after the discus-
ethics which in some cases are Sion has been held or the vote
Home rule municipalities more stringent than requirements taken. ?
HB 1057 and HB 1209 apply, by set forth in HB 1209. Municipal
their terms, to all municipalities in officials in home rule municipalities Footnotes
the state of Colorado. However, a are advised to consult with their
well-established rule of law is that municipal attorney to determine
statutory enactments by the Colo- whethera local charter or ordinance 179 Cola 658, 247 P. 1056 (1926)
rado General Assembly, while ap- provision establishes standards in 2Id. 247 P. at 1057
plying absolutely to all statutory addition to, different from, or more 31d, 247 P. at 1058
cities and towns, apply to home rule stringent than those discussed in 893 Cola 182, 24 P2d 759 (1933)
aid, 24 P.2d at 760
municipalities only until those mu- this article. ld
nicipaiities enact charter or ordi- 7705 P2d 1004 (cola App. 1965); cert.
nance provisions on the same sub- None of the reported appellate denied. 1985
ject decisions in Colorado concerning 924.17-10. C.RS.
s
Some home rule municipalities in conflicts of interest have involved lo4-17-101 c.
24-17.102(4), CRS
Colorado have enacted codes of municipal officials. Elected and ap- 11.24-17-104(1)(a), C.RS.
1224.17.104(1)(b), CRS.
1324-17-104(2), QRS.
1,24-17.104(3), CRS
Checklist for ethical behavior 1624-17-109(2)(.cRs
te24-17-109(2)(b)b), C,RS
1724-17.109(3)(8), CRS
The law of conflicts for municipal officials in Colorado, never ,924-17-109(3)(b). CRS
crystal clear, has been both Improved and complicated by the 24-17-10s( y 2024-17.104(l) 1) and and
24-17-109(1), CRS
General Assembly's adoption of HB 1057 and 1209. While not by 2124-17-105(1), QRS.
any means an exhaustive list, the following checklist is at least a 2324.17-105(2). C.RS.
starting point for ensuring compliance with these two important new 242424-1-177-1-105(4)05(3)CRS
24-17.105(3), CRS
laws; 2524-17-110, QRS.
261d
A. Always disclose your interest at the earliest stage. 2724-17-201(1), CRS
1: Make oral disclosure to the governing body under 31-4-404(2). 2824-17-201 CRS
2. Safer. Make written disclosure under 18-8-308 as well 16-6.3 CRS
Delta E Electr lectric Const CcL, v. City of San
Antonio, 437 S.w.2d 602 (Tex Clv.App.1969);
B. Don't vote (or take any other action). Millbrae Assn. for Residential Survival v. City
of Millbrae, 69 Cal Rptr. 251 (Cal App. 1968);
C. Don't influence others. Newton v. Domes 107 HLJ. Super. 346.258
. A.3d37 5 A.2d 65 RY ?d
2.,390 390 N.Y.S. S 2d
1. Make sure disclosure precedes discussion on the matter o/ Educaatior% tion 55 A.D. d 85
2. Leave the room. 155 (1976).
3. Don't participate in discussion (at the time of the vote or earlier). 31 Antieau, Municipal Corporation Law, Sec
4.04.
D. If you vote, do so only if:
1. Participation is necessary to achieve a quorum or otherwise
enable the body to act (31-4-404(2) and 24.17-109(3)(b)).
2. Written disclosure Is made prior to, not after, taking action: _
a. To the governing body under section 31-4-404(3) and 24-17-
201(1)(a)(V), with the information as described at 24-17-110.
b. To the Secretary of State under section 18-8-308(1) (72
hours before action) and 24.17-110.
24 Colorado Municipalities/November-December 1988
VII. Vested Rights Ordinance.
Attached is a Vested Right Ordinance setting forth how vested development rights
are obtained in the Town of Vail.
The state vested rights statute provides that a vested property right is deemed
established upon approval or conditional approval of a site specific development
plan following public notice and hearing. The vested right runs with the property
and gives the owner the right to undertake and complete any approved
development. The state statute defines a "site specific development plan" as "a
plan which has been submitted to a local government by a land owner or its
representative describing with reasonable certainty the type and intensity of use
for a single parcel or parcels or property." What constitutes a site specific
development plan under the state statute which would trigger a vested property
right is allowed by the statute to be determined by a municipal government.
In the Town of Vail ordinance, a site specific development plan is limited to only
major and minor subdivisions and Special Development District development
permits. It was the decision of the staff that neither design review nor the
conditional use process is the type of process which commits developers to
expend large amounts of money in reliance upon development approvals granted
by the Town. The state statute itself specifies that variances, sketch plans, and
preliminary plans are not site specific development plans.
The vested property right which is created by the approval of a special
development district or a major or minor subdivision shall extend for a period of
three years subsequent to its approval. The state statute provides that before a
vested right can be established, there must be a public notice and hearing
provided. This ordinance allows the hearing for the vesting of development rights
to take place simultaneously with the final hearing for subdivision approval or
special development district approval. A fee is charged to the property owner for
the actual cost of the required staff, time, and publication expenses, or, in the
alternative, the staff may charge a set fee of $100.
16
ZONING
Chapter 18.67
VESTED PROPERTY RIGHTS
Sections:
18.67.010 Purpose.
.18.67.020 Definitions.
18.67.030 Notice and hearing.
18.67.035 Action for approval of site specific
development plan-Conditions
18.67.040 Approval-Effective date.
18.67.045 Vested property rights-Duration.
18.67.050 Notice of approval.
18.67.055 Exception to vesting of property rights.
18.67.060 Payment of costs.
18.67.065 Other provision unaffected.
18.67.070 Limitations.
18.67.010 Purpose.
The purpose of this chapter is to provide the procedures
necessary to implement the provisions of Article 68 of Title 24,
C.R.S., as amended. (Ord. 2(1991) § 1.)
18.67.020 Definitions.
A. "Site specific development plan" shall mean and be limited to a
final major or minor subdivision plat, or a special development
district development plan.
B. "Vested property right" means the right to undertake and
complete the development and use of property under the terms
and conditions of the site specific development plan, and shall
be deemed established upon approval of a site specific
development plan.
(Ord. 2(1991) § 1.)
18.67.030 Notice and hearing.
No site specific development plan shall be approved by the
town council or any town board or commission as applicable, until
after a public hearing proceeded by written notice of such hearing,
in accordance with Chapter 8.68 of the Vail Municipal Code. Such
notice may, at the option of the town, be combined with the notice
496
(Vail 4-7-92)
VESTED PROPERTY RIGHTS
for any other hearing to be held in conjunction with the hearing on
the site specific development plan for the subject property. At such
hearing, persons with an interest in the subject matter of the hearing
shall have an opportunity to present relevant or material evidence as
determined by the town council or town board or commission as
applicable. (Ord. 2(1991) § 1.)
18.67.035 Action for approval of site specific
development plan-Conditions.
The action of the town council or town board or commission as
applicable for approval of a site specific development plan shall be
in the same form as that required to approve any request being
considered for the subject property in conjunction with the hearing
on the site specific development plan, such action being either by
ordinance, resolution, or motion as the case may be. If any action
by any board or commission is appealed to or called up by the town
council, approval shall be deemed to occur when a final decision of
the town council is rendered approving the site specific
development plan. The approval may include such terms and
conditions as may be reasonably necessary to protect the public
health, safety, and welfare, and the failure to abide by any such
terms and conditions may, at the option of the town council or town
board or commission as applicable, and after public hearing, result
in the forfeiture of vested property rights. (Ord. 2(1991) § 1.)
18.67.040 Approval-Effective date.
A site specific development plan shall be deemed approved
upon the effective date of the approval action relating thereto by the
town council or the town board or commission as the case may be.
(Ord. 2(1991) § 1.)
18.67.045 Vested property rights-Duration.
A. A property right which has been vested as provided for in this
chapter shall remain vested for a period of three years. In the
event amendments to a site specific development plan are
proposed and approved, the effective date of such amendments
for purposes of the duration of the vested property right, shall
be the date of the approval of the original site specific
development plan, unless the town council or applicable board
496-1
(Vail 4-7-92)
1
v
ZONING
or commission specifically finds to the contrary and
incorporates such finding in its approval of the amendment.
(Ord. 2(1991) § 1.)
18.67.050 Notice of approval.
Each map, plat, or site plan or other document constituting a
site specific development plan shall contain the following language:
"Approval of this plan may create a vested property right pursuant
to Article 68 of Title 24, C.R.S., as amended." Failure to contain
this statement shall invalidate the creation of the vested property
right. In addition, a notice describing generally the type and
intensity of use approved, the specific parcel or parcels of property
affected, and stating that a vested property right has been created,
shall be published once, not more than fourteen days after approval
of the site specific development plan in a newspaper of general
circulation within the town. (Ord. 2(1991) § 1.)
18.67.055 Exception' to vesting of property rights.
A vested property right, even though once established as
provided in this chapter, precludes any zoning or land use action by
the town or pursuant to an initiated measure which would alter,
impair, prevent, diminish, or otherwise delay the development or
use of the property as set forth in the site specific development plan
except:
A. With the consent of the affected landowners; or
B. Upon the discovery of natural or man-made hazards on or in
the immediate vicinity of the subject property, which hazards
could not reasonably have been discovered at the time of site
specific development plan approval, and which hazards, if
uncorrected would pose a serious threat to the public health,
safety, and welfare; or
C. To the extent that the affected landowner receives just
compensation for all costs, expenses, and liabilities incurred by
the landowner, including but not limited to all fees paid in
consideration of financing, and all architectural, planning,
marketing, legal, and other consultants fees incurred after
approval by the town council, or applicable town board or
commission, together with interest thereon at the legal rate until
496-2
(Vail 4-7-92)
VESTED PROPERTY RIGHTS
paid. Just compensation shall not include any diminution in the
value of the property which is caused by such action.
D. The establishment of a vested property right pursuant to law
shall not preclude the application of ordinances or regulations
which are general in nature and are applicable to all properties
subject to land use regulation by the Town of Vail, including
but not limited to, building codes, fire, plumbing, electrical and
mechanical codes, housing, and dangerous building codes, and
design review guidelines.
(Ord. 2(1991) § 1.)
18.67.060 Payment of costs.
In addition to any and all other fees and charges imposed by the
municipal code of the town, the applicant for approval of a site
specific development plan shall pay all costs relating to such
approval as a result of the site specific development plan review
including publication of notices, public hearing, and review costs.
At the option of the town, these costs may be imposed as a fee of
one hundred dollars. (Ord. 2(1991) § 1.)
18.67.065 Other provision unaffected.
Approval of a site specific development plan shall not constitute
an exemption from or waiver of any provisions of this code
pertaining to the development and use of property. (Ord. 2(1991)
U.)
18.67.070 Limitations.
Nothing in this chapter is intended to create any vested property
right, but only to implement the provisions of Article 68 of Title 24,
C.R.S., as amended. In the event of the repeal of said Article or
judicial determination that said Article is invalid or unconstitutional
or does not apply to home rule municipalities such as the Town of
Vail, this chapter shall be deemed to be repealed, and the provisions
hereof no longer effective. (Ord. 2(1991) §1.)
.496-3
(Vail 4-7-92)
Vill. The Open Meetings Law.
Senate Bill 33 became effective on June 1, 1991. This Bill places local
governments within the State Sunshine Law, Section 24-6-4+01. The current
Sunshine Law is divided into two parts; one directed toward state levels of
government, and the other directed toward local levels of government. Article 6,
Part 4 includes a legislative declaration that meeting procedures are a matter of
statewide concern and home rule cities are included within the definition of
covered entities.
Section 24-6-402(2)(b) now provides: "All meetings of a quorum, or three or more
members of any local public body, whichever is fewer, at which any public
business is discussed, or at which any formal action may be taken are declared
to be public meetings open to the public at all times."
For the purposes of the statute, local public body means any board, committee,
commission or other authority or advisory, policy making, rule making or formally
constituted body of any political subdivision of the state and any public or private
entity to which a public subdivision or an official thereof has delegated a
govemmental decision making function, but does not include persons on the
administrative staff of the local public body.
Meetings are defined as any kind of gathering, convened to discuss public
business in person, by telephone, or by other means of communication.
Political subdivisions of the State include, but are not limited to, any county, city,
city and county, town, home rule city; home rule county, home rule city and county,
school district, special district, local improvement district, special improvement
district, or service district.
This section provides that change meetings or social gatherings at which
discussion of public business is not the central purpose are excluded from the
meetings required to be open to the public.
Section 24-6-402(2)(c) provides:
"Any meeting at which the adoption of any proposed policy, position, resolution,
rule, regulation or formal action occurs, or at which a majority or quorum of the
body is in attendance, or is expected to be in attendance, shall be held only after
full and timely notice to the public. In addition to any other means of fully and
timely notice, a local public body may be deemed to have given a full and timely
notice if the notice of the meeting is posted in a designated public place within the
boundaries of a local public body no less than 24 hours prior to the holding of the
meeting. The public place or places for posting of such notice shall be designated
annually at the local public body's first regular meeting of each calendar year. The
posting shall include specific agenda information where possible."
Notice of Town Council meetings are to be posted in the Town Hall at least 24
17
1
1
hours prior to the meeting, if the Town Hall is designated at the Town's first
meeting at the beginning of each calendar year.
The statue provides that posting such notice is only one permissible means; any
other method that provides "full and timely notice" may be used.
Section 24-6-402(d)(I1) requires that:
"Minutes of any meeting of a local public body at which the adoption of any
proposed policy, position, resolution, rule, regulation or formal action occurs or
could occur shall be taken and promptly recorded, and such record shall be open
to public inspection. The minutes of a meeting during which an Executive Session
authorized under Section IV of this Section is held shall reflect the general topic
of the discussion at the Executive Session."
Section 24-6-402(4) provides that an Executive Session may be called by a local
public body upon a vote of two-thirds of a quorum present at the meeting. An
Executive Session can be held only at a regular or special meeting and for the
sole purpose of considering any of the matters listed in the statute.. No final
decision can occur at any Executive Session.
The matters which the statute allows to be considered _at any Executive Session
are:
(a) The purchase, acquisition, lease, transfer or sale of any real, personal or
other property interest except that no Executive Session shall be held for
the purpose of concealing the fact that a member of the local public body
has a personal interest in such purpose, purchase, acquisition, lease,
transfer or sale.
(b) Conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions. Mere presence or
participation of an attorney at an Executive Session of the local public body
is not sufficient to satisfy the requirements of this Sub-Section (4).
(c) Matters required to be kept confidential by Federal or State law or rules
and regulations.
(d) Specialized detail of security arrangements or investigations.
(e) Determining positions relative to matters that may be subject to
negotiations; developing strategies for negotiating; and instructing
negotiators;
(f) Personnel matters; except if the. employee who is the subject of the
session has requested an open meeting or if the personnel matter involves
more than one employee all the employees have requested an open
meeting:
18
i
i
(g) ConsidOration of any documents protected by the mandatory non-
disclosure provisions of the Open Records Act.
Prior to the time the members of the public body convene at an Executive Session,
the Chairman of the body shall announce the general topic of the Executive
Session.
As sanctions for the violation of the law, the statute provides that actions taken at
a meeting which do not meet the law's requirements are not valid.
19
( DESIGN REVIEW BOARD AGENDA
i Wednesday, November 7, 2001
3:00 P.M.
PUBLIC MEETING RESULTS
PUBLIC WELCOME
PROJECT ORIENTATION / LUNCH - Community Development Department 12:00 pm
MEMBERS PRESENT MEMBERS ABSENT
Clark Brittain
Bill Pierce
Hans Woldrich
Andy Blumetti
Charles Acevedo
SITE VISITS 1:30 pm
1. Joss/Kohen residence - 1467 Greenhill Court
2. Lion's Square Lodge - 660 West Lionshead Place
3. Villa Cortina - 22 West Meadow Drive
4. Mountain Haus - 292 East Meadow Drive
Driver: Bill
PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm
1. Villa Cortina - DRB00-0077 Bill
Final review of exterior alterations & interior conversions.
22 West Meadow Drive/Lot A, Vail Village 2"d Filing.
Applicant: Michael Sanner & Rollie Kjesbo
MOTION: Bill Pierce SECOND: Charles Acevedo VOTE: 5-0
TABLED UNTIL NOVEMBER 21, 2001
2. Lion's Square Lodge - DRB01-0307 Bill
Final review of proposed addition.
660 West Lionshead Place/Lot 1, Vail Lionshead 151 Filing.
Applicant: Lion's Square Lodge, represented by Design Workshop
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 5-0
TABLED UNTIL NOVEMBER 21, 2001
3. Mountain Haus - DRB01- 0366 Bill
Final review of proposed entry canopy.
292 East Meadow Drive/Lot 5, Part of Tract 3, Vail Village 1st Filing.
Applicant: Mountain Haus Condo Assoc., represented by Fritzlen Pierce Architects
MOTION: Hans Woldrich SECOND: Clark Brittain VOTE: 4-0 (Pierce recused)
APPROVED WITH 3 CONDITIONS:
l TOWN OF VA[L
i
1. That the knee brace be revised to be heavier in mass and appearance.
2. That all Town of Vail Staff requirements be met.
3. That this approval is contingent upon Planning and Environmental Commission
approval of site coverage and set back variances.
4. Vail Nightclubs, Inc. DRB01-0324 Bill
Final review of proposed awning.
228 Bridge Street, Suite 300/ Lot A, Block 5, Vail Village 151 Filing.
Applicant: Annie Egan
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 4-0 (Pierce recused)
CONSENT APPROVED
5. Joss/Kohen residence DRB01- 0367 George
Final review of proposed retaining wall.
1467 Greenhill Court/Lot 10, Glen Lyon.
Applicant: Elenore Joint Venture /Richard & Diane Cohen
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 4-0 (Pierce recused)
APPROVED WITH 4 CONDITIONS:
1. That the approval of the applicant's Design Review Board is conditioned upon an
approval of a pending application for a retaining wall height variance currently
scheduled for final consideration of the Town of Vail Planning & Environmental
Commission on Monday, November 12, 2001. Should the variance request be
denied by the PEC the DRB approval of November 7, 2001, shall become null and
void.
2. That the applicant installs a six-foot tall chain link construction fence with an
attached erosion control mesh along the western limit of disturbance line to limit
site disturbance and prevent encroachment upon Town of Vail property. The
applicant shall also install a four-foot tall plastic construction fence around the
remainder of the construction area. The construction fences shall be erected prior
to the issuance of a building permit for the retaining wall work and shall remain in
place throughout the duration of the construction project.
3. That the applicant removes the temporary site access road and restores the site
to its original grades and revegetates all areas of disturbance with native grasses,
prior to a final landscape inspection.
4. That the applicant returns to the Town of Vail Design Review Board with a
proposed final landscape plan for the site. The plan shall include provisions for
surface drainage, the mitigation of twenty (20) aspen trees (180 caliper inches)
and the screening of the ends of the wall with coniferous trees. The applicant
shall return to the DRB for final approval prior to January 1, 2002.
6. Gateway Building DRB01- 0326. Allison
Final review of proposed repaint.
12 Vail Road/Lot N, Block 5D, Vail Village 1st Filing.
Applicant: Mountain Owners, LP, represented by Braun Associates, Inc.
WITHDRAWN
2
7. Red Sandstone Athletic Field DRB01- 0649. Allison
Final review of proposed fence material..
610 N. Frontage Rd. West/A portion of Tract C, Vail Potato Patch.
Applicant: Town of Vail, represented by Gregg Barrie
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 5-0
CONSENT APPROVED
Staff Approvals
Larkspur Restaurant and Bar DRB01-0345. Brent
New wall sign.
458 Vail Valley Drive/Golden Peak Ski Base
Applicant: The Vail Corporation
Hsu residence DRB01-0346. Brent
Re-roof, same for same.
1761 Alpine Drive/Lot 32, Vail Village West 1st Filing.
Applicant: John H. & Priscilla Brown Hsu
Schmidt residence DRB01-0347. Brent
New deck.
401 Beaver Dam Circle/Lot 2, Block 4, Vail Village 3rd Filing.
Applicant: Carol Woods Schmidt
Henkes residence DRB01-0342. Brent
Replace existing window with bay window and add window.
2821 Kinnickinnick Road/Columbine North Condos C-1.
Applicant: Andrew Henkes
O'Meara residence DRB01-0344. Brent
Replace exterior lights.
2952 Bellflower Drive/Lot 18, Block 6, Vail Intermountain.
Applicant: Michael O'Meara
ERWSD Raw Water Intake DRB01-0306. Brent
Remove existing Gore Creek intake structure.
5197 Black Gore Drive/Lot 8, ERWS easement at the Heather of Vail.
Applicant: Eagle River Water & Sanitation District
Cope/Holmes residence DRB01-0338. Bill
Re-paint.
2932 Bellflower Drive/Lot 7, Block 8, Vail Intermountain.
Applicant: Peter A. Cope
Montaneros DRB01-0325. Allison
New awnings.
635 Lionshead Place/Lot 8, Block 1, Vail Lionshead 3`d Filing.
Applicant: Montaneros Condo Assoc.
Landry residence DRB01-0353. Brent
Re-roof.
1146 Sandstone Drive/Lot A-7, Block 9, Casolar Vail.
Applicant: Fred Landry
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Stephens Park DRB00-0025. Allison
Boulder retaining wall for streambank stabilization.
Unplatted/Vail Intermountain.
Applicant: Town of Vail
J. Cotter Gallery DRB01-0337. Bill
New awning.
281 Bridge St./Lot D&E, Block 5A, Vail Village 1St Filing.
Applicant: James E. Cotter
Williams residence DRB01-0352. George
Re-roof.
2925 Booth Creek Drive/Lot 2, Block 6, Vail Village 11th Filing.
Applicant: Kit C. Williams
Northridge Condominiums DRB01-0359. Bill
Dumpster enclosure.
2437 Chamonix Road/Lot 23-2, Block C, Vail das Schone 1St Filing.
Applicant: Aldrich C. & Judith Fisher
Tulli residence DRB01-0360. Judy
Replace window.
2960 Manns Ranch Road/Lot 8-A, Block 1, Vail Village 13th Filing.
Applicant: Penny Brabb Tulli
Vail Nightclubs, Inc. DRB01-0340 Allison
Mechanical chase with 3 vents on back wall of building.
228 Bridge Street/Lot A, Block 5A, Vail Village 1St Filing.
Applicant: P&R Partners-Vail LLC
Harding residence DRB01-0361. Judy
Re-roof same for same.
4284 Columbine Drive/Lot 20-3, Bighorn Subdivision.
Applicant: Jeffrey J. Harding
Sun Vail Condominiums DRB01-0295. Allison
Entrance signs.
625 N. Frontage Rd. West/Lot 9, Block 2, Vail Potato Patch.
Applicant: Sun Vail Condo Association
Gury residence DRB01-0357. Brent
New stair, dumpster and enclosure.
2885 Basingdale Blvd./Lot 3A, Block 9, Vail Intermountain.
Applicant: Donald & Ellen Gury
Yashek residence DRB01-0363. Bill
New deck for spa.
1881 Lions Ridge Loop, Vail Point/Lot 31, Block 3, Lions Ridge Filing 3.
Applicant: Kimberly M. Yashek
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Vail Golden Peak & Lionshead Ski Schools DRB01-0355. George
Directional signs.
Lionshead Ski Yard/Tract D, Vail Lionshead 1" Filing & Golden Peak Ski Base/Tract B, Vail
Village 7th Filing.
Applicant: Vail Corp
Gravity DRB01-0364. - Bill
New awnings.
600 Lionshead Mall/Lot 4, Block 1, Vail Lionshead 1s' Filing.
Applicant: Vail Corp
The applications and information about.the proposals are available for public inspection during
regular office hours in the project planner's office, located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,Telephone for the
Hearing Impaired, for information.
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PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, November 12, 2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT MEMBERS ABSENT
Galen Aasland
Chas Bernhardt
Diane Golden
John Schofield
Brian Doyon
Doug Cahill
Dick Cleveland
Site Visits : 12:45 pm
1. Hagerman residence - 1784 & 1794 S. Frontage Rd. West
2. Cohen residence - 1467 Greenhill Court
3. Lions Square Lodge - 660 West Lionshead Place
4. Mountain Haus 292 E. Meadow Drive
5. Parks residence - 4166 Columbine Drive
Driver: Brent
NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearina - Town Council Chambers 2:00 pm
1. A request for a major amendment to Special Development District No. 6, to allow for the
conversion of accommodation units into employee housing units and a request fora
conditional use permit, to allow for Type III employee housing units, located at the Vail
Village Inn, 100 East Meadow Drive/Lots M,N and O, Block 5D, Vail Village 1St Filing.
Applicant: Daymer Corporation
Planner: Allison Ochs
MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 7-0
APPROVED MAJOR AMENDMENT TO SDD NO. 6 WITH 2 CONDITIONS:
1. That the approval of this major amendment to Special Development
District No. 6 shall not supercede any previous approvals for this special
development district.
2. That the Fire Marshal completes an inspection of the site prior to second
reading of ordinance to ensure compliance with all applicable fire codes
and safety provisions.
TOWN OF M[L
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APPROVED CONDITIONAL USE PERMIT WITH 2 CONDITIONS:
1. That the conditional use permit to allow for Type III employee housing
units shall expire on June 1, 2002.
2. That the applicant shall enter into written agreement with the Town of
Vail in a form approved by the Town Attorney stating that these units
shall be used for employee housing until such date that the conditional
use permit expires.
2. A request for a variance from Section 12-71-1-10 (Setbacks), Vail Town Code, at the Lion's
Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1st Filing.
Applicant: Lion's Square Lodge
Planner: Bill Gibson
TABLED UNTIL DECEMBER 10, 2001
3. A request for a variance from Sections 12-7A-9 (Site Coverage) and 12-7A-6 (Setbacks),
Vail Town Code, to allow for the construction of a new front entry feature at the Mountain
Haus, located at 292 E. Meadow Drive/Lot 5, Part of Tract B, Vail Village 1St Filing. .
Applicant: Mountain Haus, represented by Fritzlen Pierce Architects
Planner: Bill Gibson
MOTION: Dick Cleveland SECOND: Chas Bernhardt VOTE: 6-1 (Schofield opposed)
TABLED UNTIL DECEMBER 10, 2001
4. A request for a variance from Section 12-6D-5 (Lot Area and Site Dimensions), Vail Town
Code, a minor subdivision of Lots 2 & 3, Vail Village West, Filing No. 2, to relocate a
common property line and a rezoning of Lot 3, Vail Village West, Filing No.2, from Two-
Family Primary/Secondary Zone District to Single-Family Zone District and setting forth
details in regard thereto, located at 1784 & 1794 South Frontage Road West/Lots 2 & 3 Vail
Village West, Filing No. 2.
Applicant: Philip Hagerman/Allison Ochs
Planner: George Ruther
MOTION: John Schofield SECOND: Diane Golden VOTE: 7-0
FORWARD A RECOMMENDATION TO TOWN COUNCIL TO CHANGE ZONING
MOTION: John Schofield SECOND: Dick Cleveland VOTE: 7-0
APPROVED MINOR SUBDIVISION WITH 1 CONDITION:
1. That the applicant submits a final plat of the resubdivision of Lots 2 & 3, Vail Village
West, Filing No. 2, to the Town of Vail Community Development Department for
review and approval prior to recording the plat with the Eagle County Clerk &
Recorder. The final plat shall be recorded within one (1) year of the date of Planning
& Environmental Commission approval.
MOTION: John Schofield SECOND: Diane Golden VOTE: 7-0
APPROVED VARIANCE
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5. A request for a variance from Title 14, Development Standards, to allow for the replacement
of an existing retaining wall with a new wall that exceeds six feet in height, located at 1467
Greenhill Court/Lot 10, Glen Lyon Subdivision.
Applicant: Ellenore Joint Venture/Richard & Diane Cohen
Planner: George Ruther/Allison Ochs
MOTION: John Schofield SECOND: Doug Cahill VOTE: 6-1 (Doyon opposed)
APPROVED WITH 3 CONDITIONS:
1. That the applicant installs a six-foot tall chain link construction fence with an attached
erosion control mesh along the western limit of disturbance line to limit site disturbance and
prevent encroachment upon Town of Vail property. The applicant shall also install a four-foot
tall plastic construction fence around the remainder of the construction area. The
construction fences shall be erected prior to the issuance of a building permit for the
retaining wall work and shall remain in place throughout the duration of the construction
project.
2. That the applicant removes the temporary site access road and restores the site to its
original grades and revegetates all areas of disturbance with native grasses, prior to a final
landscape inspection.
3. That the applicant returns to the Town of Vail Design Review Board with a proposed final
landscape plan for the site. The plan shall include provisions for surface drainage, the
mitigation of twenty (20) aspen trees (180 caliper inches) and the screening of the ends of
the wall with coniferous trees. The applicant shall return to the DRB for final approval by
January 11, 2002 prieFtG arrvar)- lQ.
6. A request for a worksession to review preliminary alternatives for the development plan of
Middle Creek Village, located at the site known as "Mountain Bell"/an unplatted piece of
property, located at 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek Subdivision.
Applicant: Vail Local Housing Authority, represented by Odell Architects
Planner: Allison Ochs
TABLED UNTIL DECEMBER 10, 2001
7. A request for a variance from Sections 12-6C-6 (Setbacks) & 12-6C-9 (Site Coverage), Vail
Town Code, to allow for the construction of a Type I Employee Housing Unit, located at 4166
Columbine Drive/Lot 18, Bighorn Subdivision.
Applicant: Timothy Parks
Planner: George Ruther/Allison Ochs
MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 7-0
TABLED UNTIL DECEMBER 10, 2001
8. Approval of October 22, 2001 minutes
9. Information Update
The applications and information about the proposals are available for public inspection
during regular office hours in the project planner's office located at the Town of Vail
Community Development Department, 75 South Frontage Road. Please call 479-2138 for
information.
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Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
Community Development Department
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