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HomeMy WebLinkAbout2002-06-18 Support Documentation Town Council Evening SessionTOWN COUNCIL AMENDED AGENDA EVENING MEETING TUESDAY, JUNE 18, 2002 6:30 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. VAIL LOCAL MARKETING DISTRICT (VLMD) QUARTERLY MEETING.. (30 MIN) • Key Strategies 1. CITIZEN PARTICIPATION. (5 min.) 2. ITEM/TOPIC: Vail Village Streetscape Design. (25 min.) Joe Kracum Greg Halt ACTION REQUESTED OF COUNCIL: Discuss, modify, agree and approve the Vail Village Streetscape Design Objectives Givens Process Schedule. BACKGROUND RATIONALE: The Eagle River Water and Sanitation District needs to replace the waterlines in Vail Village and the Town's desire to complete the streetscape once the lines are complete requires the town to have a design. The Town has hired Wenk Associates to perform this task. This is the initial meeting and approval needed from the Town Council to begin the process. As in past projects, the Town Council have reviewed and approved on the projects approach to include, Objectives Givens Public. Process Design Process Schedule. Be made aware of the issues that may be raised and the critical decision points in the schedule needing council approval. STAFF RECOMMENDATION: Modify and approve the projects process and goals 3. ITEM/TOPIC: Big Horn Road Overlay Bid Review. (5 min.) Greg Hall ACTION REQUESTED OF COUNCIL: Approve/ Deny bid for overlay of Bighorn Road. BACKGROUND RATIONALE: Bighorn Road was last overlaid in 1992, in order to protect the pavements structural integrity it is now time. for its next overlay. It is currently within the capital streets maintenance plan and budget to complete a new. asphalt overlay for the first portion of the roadway. The Town of Vail has received three bids for the "Bighorn Road Asphalt Overlay Project". The Project includes asphalt repair, and a 2" asphalt overlay beginning on the south side of the East Vail I-70 interchange and F:mcaster/agendas/tc/2002/061802 continuing 4100' along Bighorn Road, ending at Streamside Circle. The bids received are as follows: Bids• Contractor Total Bid Grand River Construction $148,847.25 B&B Excavating $159,829.70 Elam Construction 159,696.00 The Project is scheduled to begin after the completion of ERW&S Bighorn Road Waterline Replacement Project that is tentatively scheduled to begin by July 1st and be completed by September 1st. The asphalt overlay will begin immediately following ERW&S project and is scheduled to be completed within 3 weeks of start date. STAFF RECOMMENDATION: Award the bid to Grand River Construction. 4. ITEM/TOPIC: Resolution #4, Series of 2002, a resolution Matt Mire authorizing the purchase of land in the Town of Vail commonly known as Parcel No. 2103114 15 018 by the Eagle County Assessor's Office, and legally described as Parcel B, resubdivision of Tract D Vail Das Schone Subdivision (Hud Wirth) (20 min.) 5. Matt Mire ITEMITOPIC: Ordinance No. 17, Series 2002, an emergency ordinance prohibiting the possession sale and use of fireworks within the in Town of Vail. ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 17. BACKGROUND RATIONALE: The Vail Police Department and Fire Department have requested such a ban in accordance with Executive Orders issued by Governor Owens. STAFF RECOMMENDATION: Approve Ordinance No. 17. 6. George Ruther ITEM/TOPIC: Ordinance #6, Series of 2002, first reading, an ordinance amending Section 11-1-1, definitions, Section 11-5-2 (L) prohibited signs, and adding Article D. West Vail Exit #173 to Title 11, Sign Code Regulations, to permit certain off-site advertising in the Town of Vail, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6 on first reading. BACKGROUND RATIONALE: On February 19, 2002, Rick Scalpello, of Vail Today, along with several of the restaurant, lodging and gas station owners in West Vail appeared before the Town Council to request permission from the Vail Town Council to place additional informational signs along I-70 in the vicinity of the West Vail exit. The informational signs are blue in color and intended to inform motorist of the services available at the upcoming interstate exit. The Vail Town Council gave direction to staff to proceed to the Planning & Environmental Commission with a text amendment that would facilitate the installation of I-70 advertising signs. In providing this direction, the Council stated that the sign F:mcaster/agendas/tc/2002/061802 installation shall only be eligible for West Vail businesses and that no direction sign shall be placed along the off ramps or frontage roads. The staff appeared before the Commission on two occasions to discuss the text amendment. On March 25, 2002, the Planning & Environmental Commission voted to table the item until several questions could be addressed. On April 8, 2002, the staff again appeared before the Commission. The purpose of the meeting was to respond to four question raised by the Commission at the March 25th meeting. Following discussion on the proposed text amendment and two failed motions, the Commission voted to recommend denial of the request to the Vail Town Council On May 7, 2002, the Community Development Department appeared before the Vail Town Council and presented the status of the project to date. Upon completion of the staffs presentation the Council requested the staff return at a later date with an ordinance for Council's consideration. A copy of the draft ordinance has been attached for consideration. 7. ITEM/TOPIC: Ordinance #11, Series of 2002, first reading, Steve Thompson AN ORDINANCE MAKING SUPPLEMENTALAPPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, AND THE DISPATCH SERVICES FUND OF THE 2002 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (20 min.) 8. Matt Mire Dwight Henninger ITEM/TOPIC: Ordinance #12, Series of 2002, 2"d reading. AN ORDINANCE AMENDING THE TOWN CODE, TITLE 7, CHAPTER 3, AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING, STORAGE AND/OR SALE OF ABANDONED VEHICLES; AMENDING SECTION 7-3A-3 TO ALLOW FOR CORRECTIONS TO STATUTORY REFERENCE; AND SETTING FORTH DETAIL IN REGARD THERETO. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance 12 on second reading. BACKGROUND RATIONALE: A request for this amendment was made by the Town of Vail Police Department and Chief Dwight Henninger due to the inordinate amount of time and resources the P.D. spends dealing with the removal, storage and sale of abandoned vehicles. STAFF RECOMMENDATION: Approve Ordinance 12 on second reading. 9. ITEM/TOPIC: Ordinance #13, Series of 2002, 2"d reading, Matt Mire Correcting Ord. #7, Series of 2002, Commission on Special Events. (5 min.) F:mcaster/agendas/tc/2002/061802 An ordinance repealing and reenacting Ordinance No. 7, Series of 2002 (Commission on Special Events), providing for corrections and amendments, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 13 BACKGROUND RATIONALE: Ordinance No. 13 will simply correct a typographical error in Ordinance No. 7, Series of 2002. STAFF RECOMMENDATION: Approve Ordinance No. 13. 10. Town Manager's Report. (5 minutes) 11. Adjournment (9:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, JULY 2, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, July 2, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, JULY 16, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, July 16, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F:mcaster/agendas/tc/2002/061802 TOWN COUNCIL EVENING MEETING TUESDAY, JUNE 18, 2002 6:30 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. VAIL LOCAL MARKETING DISTRICT (VLMD) QUARTERLY MEETING. (30 MIN) • Key Strategies 1. CITIZEN PARTICIPATION. (5 min.) 2. ITEM/TOPIC: Vail Village Streetscape Design. (25 min.) Joe Kracum Greg Hall ACTION REQUESTED OF COUNCIL: Discuss, modify, agree and approve the Vail Village Streetscape Design Objectives Givens Process Schedule. BACKGROUND RATIONALE: The Eagle River Water and Sanitation District needs to replace the waterlines in Vail Village and the Town's desire to complete the streetscape once the lines are complete requires the town to have a design. The Town has hired Wenk Associates to perform this task. This is the initial meeting and approval needed from the Town Council to begin the process. As in past projects, the Town Council have reviewed and approved on the projects approach to include, Objectives Givens Public Process Design Process Schedule. Be made aware of the issues that may be raised and the critical decision points in the schedule needing council approval. STAFF RECOMMENDATION: Modify and approve the projects process and goals 3. ITEM/TOPIC: Introduction to the Vail Mountain School Proposed Russ Forrest Master Plan. (30 min.) ACTION REQUESTED OF COUNCIL: No Action is requested at this time. BACKGROUND RATIONALE: The purpose of this worksession is to allow the applicant to introduce the Vail Mountain School applications to the Town Council. The applicant is proposing to amend the 2000 approved master plan for the Vail Mountain School. This project was also recently presented to the Design Review Board on June 5th, 2002 and to the Planning and Environmental Commission on June 10, 2002. 4. ITEM/TOPIC: Big Horn Road Overlay Bid Review. (5 min.) Greg Hall ACTION REQUESTED OF COUNCIL: Approve/ Deny bid for overlay of Bighorn Road F:mcaster/agendas/tc/2002/061802 BACKGROUND RATIONALE: Bighorn Road was last overlaid in 1992, in order to protect the pavements structural integrity it is now time for its next overlay. It is currently within the capital streets maintenance plan and budget to complete a new asphalt overlay for the first portion of the roadway. The Town of Vail has received three bids for the "Bighorn Road Asphalt Overlay Project". The Project includes asphalt repair, and a 2" asphalt overlay beginning on the south side of the East Vail I-70 interchange and continuing 4100' along Bighorn Road, ending at Streamside Circle. The bids received are as follows: RiAc• Contractor Total Bid Grand River Construction $148,847.25 B&B Excavating $159,829.70 Elam Construction $159,696.00 The Project is scheduled to begin after the completion of ERW&S Bighorn Road Waterline Replacement Project that is tentatively scheduled to begin by July 1st and be completed by September 1st. The asphalt overlay will begin immediately following ERW&S project and is scheduled to be completed within 3 weeks of start date STAFF RECOMMENDATION: Award the .bid to Grand River Construction 5. ITEM/TOPIC: Resolution #4, Series of 2002, a resolution Matt Mire authorizing the purchase of land in the Town of Vail commonly known as Parcel No. 2103 114 15 018 by the Eagle County Assessor's Office, and legally described as Parcel B, resubdivision of Tract D Vail Das Schone Subdivision (Hud Wirth) (20 min.) 6. George Ruther ITEM/TOPIC: Ordinance #6, Series of 2002, first reading, an ordinance amending Section 11-1-1, definitions, Section 11-5-2 (L) prohibited signs, and adding Article D. West Vail Exit #173 to Title 11, Sign Code Regulations, to permit certain off-site advertising in the Town of Vail, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6 on first reading. BACKGROUND RATIONALE: On February 19, 2002, Rick Scalpello, of Vail Today, along with several of the restaurant, lodging and gas station owners in West Vail appeared before the Town Council to request permission from the Vail Town Council to place additional informational signs along I-70 in the vicinity of the West Vail exit. The informational signs are blue in color and intended to inform motorist of the services available at the upcoming interstate exit. The Vail Town Council gave direction to staff to proceed to the Planning & Environmental Commission with a text amendment that would facilitate the installation of I-70 advertising signs. In providing this direction, the Council stated that the sign installation shall only be eligible for West Vail businesses and that no direction sign shall be placed along the off ramps or frontage roads. The staff appeared before the Commission on two occasions to discuss the text amendment. On March 25, 2002, the Planning & F:mcaster/agendas/tc/2002/061802 Environmental Commission voted to table the item until several questions could be addressed. On April 8, 2002, the staff again appeared before the Commission. The purpose of the meeting was to respond to four question raised by the Commission at the March 25th meeting. Following discussion on the proposed text amendment and two failed motions, the Commission voted to recommend denial of the request to the Vail Town Council. On May 7, 2002, the Community Development Department appeared before the Vail Town Council and presented the status of the project to date. Upon completion of the staff's presentation the Council requested the staff return at a later date with an ordinance for Council's consideration. A copy of the draft ordinance has been attached for consideration. 7. ITEM/TOPIC: Ordinance #11, Series of 2002, first reading, Steve Thompson AN ORDINANCE MAKING SUPPLEMENTALAPPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, AND THE DISPATCH SERVICES FUND OF THE 2002 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (20 min.) 8. Matt Mire Dwight Henninger ITEM/TOPIC: Ordinance #12, Series of 2002, 2"d reading. AN ORDINANCE AMENDING THE TOWN CODE, TITLE 7, CHAPTER 3, AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING, STORAGE AND/OR SALE OF ABANDONED VEHICLES; AMENDING SECTION 7-3A-3 TO ALLOW FOR CORRECTIONS TO STATUTORY REFERENCE; AND SETTING FORTH DETAIL IN REGARD THERETO. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance 12 on second reading. BACKGROUND RATIONALE: A request for this amendment was made by the Town of Vail Police Department and Chief Dwight Henninger due to the inordinate amount of time and resources the P.D. spends dealing with the removal, storage and sale of abandoned vehicles. STAFF RECOMMENDATION: Approve Ordinance 12 on second reading. 9. ITEM/TOPIC: Ordinance #13, Series of 2002, 2"d reading, Matt Mire Correcting Ord. #7, Series of 2002, Commission on Special Events. (5 min.) An ordinance repealing and reenacting Ordinance No. 7, Series of 2002 (Commission on Special Events), providing for corrections and amendments, and setting forth details in regard thereto. F:mcaster/agendas/tc/2002/061802 ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 13 BACKGROUND RATIONALE: Ordinance No. 13 will simply correct a typographical error in Ordinance No. 7, Series of 2002. STAFF RECOMMENDATION: Approve Ordinance No. 13. 10. Town Manager's Report. (5 minutes) 11. Adjournment (9:35 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, JULY 2, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, July 2, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, JULY 16, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, July 16, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F:mcaster/agendas/tc/2002/061802 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, June 10, 2002 PROJECT ORIENTATION / -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Site Visits 1. Clark residence - 4887 Juniper Lane 2. Vail Mountain School - 3160 Katsos Ranch Road 3. Town of Vail Public Works Shops - 1289 Elkhorn Drive 4. Lot 4, Spraddle Creek Estates - 1094 Riva Glen 5. Vail Resorts Trampolino - 600 Lionshead Mall 6. Riva Ridge North - 133 Willow Place 7. Baggage t~h?que - 141 E. Meadow Drive 8. Vail Village Inn - 100 E. Meadow Drive 11:30 pm 12:30 pm Driver: George ~o NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers ~ 2:00 pm 1. A request for a variance from Section 11-4B-12B (4) Vail Town Code, to allow for a banner, located at 141 East Meadow Drive/Lot P, Block 5D, Vail Village 1St Filing. Applicant: The Baggage Cheque Planner: George Ruther 2. A request to rezone the Lodge at Lionshead includingTracts I & J, Block 1, Vail Lionshead 1st Filing from Agriculture Open Space (AOS) to Lionshead Mixed Use -1 (LMU-1) and a request to rezone 380 E. Lionshead Circle/Lot 7, Block 1, Vail Lionshead 1st Filing and 360 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead 2nd Filing from High Density Multiple Family (HDMF) and Medium Density Multiple Family (MDMF) to Lionshead Mixed Use -1 (LMU-1 ). Applicant: Lodge at Lionshead, represented by Jeff Bailey. Planner: Russ Forrest 3. A request for a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for the construction of a new front entry feature in the front setback at Riva Ridge North, located at 133 Willow Place/Lot 6, Block 6, Vail Village 1St Filing. Applicant: Riva Ridge North Chalets Condo Assoc., represented by Peel/Langenwalter Architects, L.L.C. Planner: Bill Gibson ~. 1 TOWN OF PAIL ~ 4. A request for an exemption plat to amend a platted building envelope, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates. Applicant: Spraddle Creek LLC Planner: George Ruther 5. A request for a variance from Section 12-6D-6 (Setbacks) Vail Town Code, to allow for an addition in the front setback, located at 4887 Juniper Lane/Lot 76, Block 4, Bighorn 5th Addition. Applicant: Stephen & Jackie Clark Planner: Allison Ochs 6. A request for a conditional use permit, to allow for a private outdoor recreation facility, located at 600 Lionshead Mall/Tract D, Vail Lionshead 1St Filing. Applicant: Vail Resorts Planner: George Ruther 7. --. A request for a recornmertdatiur~ to the Vail Town Council, of a text amendment to Title 12, -Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16-7A-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther 8. A request for an amendment to the approved development plan; a request for conditional use permits to allow for the construction of Type III EHU's, to allow for an expansion of the Vail Mountain School, to allow for a private outdoor recreation facility, to allow for a private school/educational institution and to allow for temporary modular classroom structures; a request to modify the official Rockfall Hazard Map to indicate approved mitigation; a request for a recommendation to the Vail Town Council for a rezoning from Two-Family Residential to General Use (Tract C); a request for a recommendation to the Vail Town Council to amend the land use designation from Low Density Residential to Public/Semi-Public (Tract C) and a request for a recommendation to the Vail Town Council for a text amendment to Section 12-8A-8 (Density) Vail Town Code to amend the GRFA requirements in the Agricultural and Open Space Zone District, located at 3160 Katsos Ranch Road /Lots 11 & 12, Block 2, Vail Village 12th Filing and Tract C, Block 1, Vail Village 12th Filing. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest 9. A request for a major amendment to Special Development District No. 6, Vail Village Inn, to allow for the continued conversion of accommodation units into employee housing units and a request for a 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: Russ Forrest 10. A request for a conditional use permit and an amendment to a development plan in the General Use Zone District, to allow for an addition to the Town of Vail Public Works Shops, located at 1289 Elkhorn Drive/Unplatted. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Allison Ochs 2 11. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West /Lot 2, Block 1, Vail Lionshead 2"d Filing and 181 South Frontage Road West / Lots E and F, Vail Village Second Filing. _.._ 12, 13 14 Applicant: Evergreen Hotel and the Vail Valley Medical Center Planner: Allison Ochs WITHDRAWN A.request for. a ~~aran_ce.from_~Section 11-4B-12B (4) Vail Tovvn Code,, to allow for a second _ Business projecting sign, located at 1OO East Meadow Drive/Lot O, Block 5D, Vail Village 1Sc Filing. Applicant: Master Gallery Planner: Bill Gibson WITHDRAWN Approval of April 22, 2002 and May 13, 2002 minutes Information Update Staff Approvals 1999 Gore Creek Property Trust PEC02-0021. Condominium Plat Review. 303 Gore Creek Drive, Vail Rowhouse/Lot 13, Block 5, Vail Village 1St Filing. Applicant: 1999 Gore Creek Property Trust, represented by Jay K. Peterson George 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. Community Development Department Published June 7, 2002 in the Vail Daily. DESIGN REVIEW BOARD AGENDA Wednesday, June 5, 2002 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 Charlie Acevedo SITE VISITS 2:00 pm 1. Connelly residence - 5148 Gore Circle 2. Kuchar residence - 5122 Grouse Lane 3. Ryerson residence - 4859 Meadow Drive 4. Vail Mountain School - 3160 Katsos Ranch Road 5. Hoffman residence - 2665 Bald Mountain Road 6. Kaplan residence - 3030 Booth Creek Drive 7. Dauphinais Moseley - 1793 Shasta Place 8. Pal residence - 1150 Westhaven Lane Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS Connelly residence DRB02-0159. Bill Final review of proposed re-roof. 5148 Gore Circle/Lat 5, Block 3, Bighorn 5th Addition. Applicant: Michael & Sally Connelly MOTION: Bill Gibson SECOND: Charlie Acevedo VOTE: 4-0 CONSENT APPROVED with the condition that the applicant comply to all staff conditions. 2. Kuchar residence DRB02-0144 Bill Final review of proposed re-roof. 5122 Grouse Lane/Lot 7, Block 1, Gore Creek Subdivision Applicant: John R. Kuchar MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 3-1 (Brittain opposed) DENIED ~, TOWN OF Y~IL ~i 3:00 pm 1 3. Montalvo residence DRB02-0086 George Final review of garage addition and new landscaping. 748 Potato Patch Drive/Lot 7, Block 2, Vail Potato Patch 2~d Filing. Applicant: Mario Montalvo, represented by Steve Riden Architect MOTION: Bill Gibson SECOND: Charlie Acevedo VOTE: 4-0 CONSENT APPROVED with the condition that the applicant comply to all staff conditions. 4. Kaplan residence DRB02-0134 Bill Final review of proposed minor alterations. 3030 Booth Creek Drive/Lot 5, Block 3, Vail Village 11th Filing Applicant: Gilda Kaplan, represented by Michael Hazard MOTION: Bill Gibson SECOND: Charlie Acevedo VOTE: 4-0 CONSENT APPROVED with the condition that the applicant comply to all staff conditions. 5. Vail LLC residence DRB02-0102. Bill Final review of a proposed addition. 1250 Westhaven Circle/Lot 30, Glen Lyon Subdivision Applicant: Vail LLC, represented by William Restock Architect MOTION: Bill Gibson .SECOND: Charlie Acevedo VOTE: 4-0 CONSENT APPROVED with the condition that the applicant comply to all staff conditions. 6. Reimers residence DRB-02-0066. Bill Final review of new single-family residence. 3275 Katsos Ranch Road/Lot 11, Block 1, Vail Village 12th Filing. Applicant: John & Gina Reimers, represented by JMP Architects MOTION: Bill Gibson SECOND: Charlie Acevedo VOTE: 4-0 CONSENT APPROVED with the condition that the applicant comply to aft staff conditions. 7. Hoffman residence DRB02-0162. Allison Conceptual review of a proposed primary/secondary residence & separation request. 2665 Bald Mountain Road/Lot 9, Block 2, Vail Village 13th Filing. Applicant: Scott Hoffman, represented by RKD Architects. CONCEPTUAL - NO VOTE MOTION: Charles Acevedo SECOND: Bill Pierce VOTE: 4-0 TABLED -SEPARATION REQUEST 8. Moulton residence DRB02-0153 George 1793 Shasta Place/Lot 48, Vail Village West 1St Filing. Applicant: DMC Inc. CONCEPTUAL - NO VOTE 2 9. Pal residence DRB02-0139. Allison Conceptual review of proposed new residence. 1150 Westhaven Lane/Lot 39-2, Glen Lyon Subdivision Applicant: Joe & Lucie Pal, represented by Steven James Riden CONCEPTUAL - NO VOTE 10. Ryerson residence DRB02-0146. Bill Conceptual review of proposed addition and tower. 4859 Meadow Drive/Lot 16, Block 5, Bighorn 5t" Addition. Applicant: Tony & Cindy Ryerson, represented by Beth Levine, Architect. CONCEPTUAL - NO VOTE 11. Lot 4, Spraddle Creek DRB02-0171. George Conceptual review of new single family residence. 1094 Riva Glen/Lot 4, Spraddle Creek Estates Subdivision. Applicant: Michael English CONCEPTUAL - NO VOTE 12. Vail Mountain School DRB02-0136. George Conceptual review of new structures, parking and faculty housing. 3160 Katsos Ranch Road/Lots 11 & 12 and Tract C, Vail Village 12t" Filing. Applicant: Vail Mountain School, represented by Braun Associates, Inc. CONCEPTUAL - NO VOTE 13. Donovan Park Pavilion George Conceptual review of the preliminary design for the Donovan Park Pavilion and the proposed of alternative building materials. South Frontage Road/Unplatted Applicant Town of Vail, representated by Vail Architecture Group CONCEPTUAL - NO VOTE Staff Approvals Gardner residence DR602-0132. Bill Window addition and door change. 4800 Meadow Drive, Riverbend at VaiULot 9, Bighorn Subdivision 5t" Addition. Applicant: Barbara F. Gardner Anderson residence DRB02-0133. Allison Change to driveway. 4995 Juniper Lane/Lot 9, Block 5, Bighorn 5t" Addition. Applicant: Mats & Andrea Anderson Axelrod residence DRB02-0141. Allison New hot tub. 1977 Circle Drive/Lot 25, Buffehr Creek Subdivision. Applicant: Art & Judith Axelrod 3 t 4r Treetops Condominiums DRB02-0127. Allison Addition of storage units in garage. 452 E. Lionshead Circle, Treetops Condo/Lot 6, Vail Lionshead 1St Filing. Applicant: Treetops Association Agneberg residence DRB02-0142. Allison Addition of bedroom/bath into existing crawlspace. 1090 Vail View Drive, Unit B1, Telemark Townhouse/Lot B1, Block B, Lions Ridge 1St Filing. Applicant: Larry Agneberg Hoyt Young residence DRB02-0119. Deck and hot tub addition. 2764 S. Frontage Rd. West/Stephens Subdivision. Applicant: Louise Young and Brian Hoyt Allison Gillett residence DRB02-0147. Judy New fence on deck. 2565 Bald Mountain Road/Lot 14, Block 1, Vail Village 13th Filing. Applicant: Bill Joseph & Associates Young/Hoyt residence DRB02-0148. Rock facing on fagade. 2764 S. Frontage Rd. West/Stephens Subdivision. Applicant: Louise Young and Brian Hoyt Judy All Seasons Condominiums DRB02-0145. Bill Courtyard pavers and walkway repair. 434 Gore Creek Drive, All Seasons/Lot B, Block 3, Vail Village 5th Filing. Applicant: All Seasons Condo Association Johnston residence DRB02-0154. Bill Change to approved plan of interior conversion w/additional square footage. 1184 Cabin Circle/Lot 2, Block 2, Vail Valley 1St Filing. Applicant: Paul & Sarah Johnston Cummings residence DRB02-0123. Bill Change to approved plans (revised site/grading/landscape plan). 5135 Main Gore Drive/Lot 27, Block 19, Vail Meadows 1St Filing. Applicant: Greg & Janice Cummings Siverly residence DRB02-0165. Judy Removal of dead aspen trees. 1693 Matterhorn Circle/Lot 17-B, Matterhorn Village Applicant: Terry Siverly Vincent residence DRB02-0170. Allison Additional landscaping between Austria Haus and Village Center. 122 E. Meadow Drive, Village Center./Lot K, Block 5E, Vail Village 1St Filing. Applicant: E{izabeth Vincent, represented by Fieldscape 4 Schierholz residence DRB02-0151. Allison Enlarge 3 existing decks. 4564 Timber Falls Court/Timber Falls Condominiums. Applicant: John C Schierholz, represented by Morter Architects Giovanny Alexander DRB02-0113. Bill New sign. 192 Gore Creek Drive, #160, The Lodge at Vail/Lots A,B, & C, Block 5C, Vail Village 1St Filing. Applicant: James Knowles Pismo Fine Art Glass DRB02-0138. Allison 122 E. Meadow Drive, Lot K, Block 5E, Vail Village 1St Filing. Applicant: Pismo Gallery LLC Hicks residence DRB02-0161. Allison Deck resurfacing and extension. 185 Forest Road/Lot 25, Block 7, Vail Village 1St Filing. Applicant: Ed & Gloria Hicks 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. 5 TOWN COUNCIL AMENDED AGENDA EVENING MEETING TUESDAY, JUNE 18, 2002 6:30 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. VAIL LOCAL MARKETING DISTRICT (VLMD) QUARTERLY MEETING. (30 MIN) • Key Strategies 1. CITIZEN PARTICIPATION. (5 min.) 2. ITEM/TOPIC: Vail Village Streetscape Design. (25 min.) Joe Kracum Greg Hall ACTION REQUESTED OF COUNCIL: Discuss, modify, agree and approve the Vail Village Streetscape Design Objectives Givens Process Schedule. BACKGROUND RATIONALE: The Eagle River Water and Sanitation District needs to replace the waterlines in Vail Village and the Town's desire to complete the streetscape once the lines are complete requires the town to have a design. The Town has hired Wenk Associates to perform this task. This is the initial meeting and approval needed from the Town Council to begin the process. As in past projects, the Town Council have reviewed and approved on the projects approach to include, Objectives Givens Public .Process Design Process Schedule. Be made aware of the issues that may be raised and the critical decision points in the schedule needing council approval. STAFF RECOMMENDATION: Modify and approve the projects process and goals 3. ITEM/TOPIC: Big Horn Road Overlay Bid Review. (5 min.) Greg Hall ACTION REQUESTED OF COUNCIL: Approve/ Deny bid for overlay of Bighorn Road. BACKGROUND RATIONALE: Bighorn Road was last overlaid in 1992, in order to protect the pavements structural integrity it is now time for its next overlay. It is currently within the capital streets maintenance plan and budget to complete a new asphalt overlay for the first portion of the roadway. The Town of Vail has received three bids for the "Bighorn Road Asphalt Overlay Project". The Project includes asphalt repair, and a 2" asphalt overlay beginning on the south side of the East Vail I-70 interchange and F:mcaster/agendas/tc/2002/061802 continuing 4100' along Bighorn Road, ending at Streamside Circle. The bids received are as follows: Bids: Contractor Total Bid Grand River Construction $148,847.25 B&B Excavating $159,829.70 Elam Construction $159,696.00 The Project is scheduled to begin after the completion of ERW&S Bighorn Road Waterline Replacement Project that is tentatively scheduled to begin by July 1st and be completed by September 1st. The asphalt overlay will begin immediately following ERW&S project and is scheduled to be completed within 3 weeks of start date. STAFF RECOMMENDATION: Award the bid to Grand River Construction. 4. ITEM/TOPIC: Resolution #4, Series of 2002, a resolution Matt Mire authorizing the purchase of land in the Town of Vail commonly known as Parcel No. 2103 114 15 018 by the Eagle County Assessor's Office, and legally described as Parcel B, resubdivision of Tract D Vail Das Schone Subdivision (Hud Wirth) (20 min.) 5. Matt Mire ITEM/TOPIC: Ordinance No. 17, Series 2002, an emergency ordinance prohibiting the possession sale and use of fireworks within the in Town of Vail ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 17. BACKGROUND RATIONALE: The Vail Police Department and Fire Department have requested such a ban in accordance with Executive Orders issued by Governor Owens. STAFF RECOMMENDATION: Approve Ordinance No. 17. 6. George Ruther ITEM/TOPIC: Ordinance #6, Series of 2002, first reading, an ordinance amending Section 11-1-1, definitions, Section 11-5-2 (L) prohibited signs, and adding Article D. West Vail Exit #173 to Title 11, Sign Code Regulations, to permit certain off-site advertising in the Town of Vail, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6 on first reading. BACKGROUND RATIONALE: On February 19, 2002, Rick Scalpello, of Vail Today, along with several of the restaurant, lodging and gas station owners in West Vail appeared before the Town Council to request permission from the Vail Town Council to place additional informational signs along I-70 in the vicinity of the West Vail exit. The informational signs are blue in color and intended to inform motorist of the services available at the upcoming interstate exit. .The Vail Town Council gave direction to staff to proceed to the Planning & Environmental Commission with a text amendment that would facilitate the installation of I-70 advertising signs. In providing this direction, the Council stated that the sign F:mcaster/agendas/tc/2002/061802 An ordinance repealing and reenacting Ordinance No. 7, Series of 2002 (Commission on Special Events), providing for corrections and amendments, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 13 BACKGROUND RATIONALE: Ordinance No. 13 will simply correct a typographical error in Ordinance No. 7, Series of 2002. STAFF RECOMMENDATION: Approve Ordinance No. 13. 10. Town Manager's Report. (5 minutes) 11. Adjournment (9:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, JULY 2, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, July 2, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, JULY 16, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, July 16, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F:mcaster/agendas/tc/2002/061802 Local Marketing District Hand-out for Town of Vail 06/18/02 1. Review of Broad Parameters ^ Increase emphasis on Internet, Group & Drive Marl:ets ^ Maintain emphasis on Research, Cross-Sell, Public Relations, Database ^ Contingency Fund ^ Measurability 2. 2003 Key Strategy Buy ins within Segmentation 1. Group ^ Strategic Utilization of group database ^ Print y • Decrease print in 5-Key Markets • Increase presence in secondary markets. • Travel • Increase in travel budget • Reduce travel to key Markets by one-third • Explore trade-show/Trade mission opportunities in key secondary markets • Increase Telemarl:eting • Significantly increase dollars for FAM trips and customer events • Benchnlarl:ing Marriott Masters • Increase focus on an-line capabilities • Seamless process 2. Destination/Drive ^ Include Drive Markets as part of Destination Campaign ^ I<ey Market/Region emphasis ^ Appropriate local media mix (may include Print, Radio, Database, Cable, Distribution channels, Billboard) ^ Significant increase in cross-sell - leverage cultural message ^ Response Driven emphasis vs. image campaign ^ Continue Database Marketing - Expand lodge participation ^ Internet focus is on distribution/visitation vs. revamp ^ Maintain Public Relations efforts • Consider impact of advertisement buys . • Move some PR dollars from Group to Destination • Tie PR efforts to checlaist of marl:ets/publications for accountability • Campaign to contain cultural messa~ing~ • Campaign to be coordinated with opportunities to levera~Te Colorado Canlpalgll ^ Continue media sponsorship • Enol•moUS OppOI'ttlnlty Wlth n11111maI dollars, need seed dollars 3. Front Range • Grow FR Database -Acquisition • Promotional Emphasis • Some reallocation of funds to destination/drive • Continue guerilla efforts with Database implications After reviewing previous Council appointments and terms, and based on the votes garnered by each of your recent appointees, staff recommends the following term appointments. Unless I hear differently, these appointments will be reviewed and voted upon at your next regular meeting sitting as the VLMD Board of Directors on June 18. Recognizing your direction, as well, was to ensure "staggered" terms, the term appointment recommendations are: CHRISTINE WERNER, replaces Ross Boyle (1 year term expiring 12/02) MIA VLAAR, replaces Bob Batchelor (1 year term expiring 12/02) KELLI MCDONALD, replaces Bill O'Connell (2 year term previously expiring 12/03, changed to 12/02)) BETH SLIFER, 1 year term expiring 12/02 KENNY FRIEDMANN, serves at the pleasure of the Council, term expiring 12/03 STEVE ROSENTHAL, serves at the pleasure of the Council, term expiring 12/03 SALLY HANLON, term expiring 12/03 GREG MOPPET, term expiring 12/03 CHRIS JARNOT, term expiring 12/04 BOB LLEWELLYN, term expiring 12/04 PAM STENMARK, term expiring 12/04 Given this scenario, Council would then interview in December'02 to begin serving January '03. Again, please let me know if you have any questions about this.' Thanks! CC: Bob McLaurin; Frank Johnson; Mary Caster Vt~V~.~D ~. c~t~l~l' . V ~'® North America's #1 Resort -Maya 5, 2002 Vail Town Council c/o Pam Brandmeyer 75 S. Frontage Rd. West Vail:, CO 81657 Dear Pam: Thank you for choosing Vail Resorts for a seat on the Vail Local Marketing District's. Advisory Committee. As we indicated in our letter of interest, we would like to designate Chris Jarnot, our Vice President of Marketing for Vail as our representative. We look forward to the continued success of the Committee in its new form. Sincerely, ~, r ~+~- """_~.~. Biii Jensen -Chief ;Operating Officer Post Office Box 7 Vail, Colorado 81658 970-845-2500 www.vail.com ~s VAI L R E 50 RTS" ~~a Vti,t : ~ Positioning Now (Based on input from Bill Siegel, Longwoods) To upscale touring and country resort visitors, Vail is a world- class(luxury) mountain resort that, during the summer, offers a unique 4 combination of outdoor recreation and cultural activities in a village setting. '" ~~~ "~ "I knew Vail was a premier destination for winter ski and snow ~~ activities. I had no idea that it offered so many events and activities during the summer months as well. " '' ail villa e J STREETSCAPE DESIGN Presentation to Town Council 18 June 2002 The initial directions from Town Council for the Vail Village Streetscape Design will be addressed in the presentation on 18 June. The areas in need of agreement or decision include: Opportunities Objectives Givens Issues Process Schedule Each of these topics will be addressed individually with a request from Town Council for agreement, amendment, or decision. For your review, the presentation slides are included in this package along with a summary of the public process and schedule. Town of Vail Public Works Department Vail Village Streetscape Design June 11, 2002 Wenk Associates, Inc. Public Process: Creating a working partnership with the Vail community, specifically retailers and property owners within the Village, will be critical to project implementation. The community must be assured that their issues and concerns are listened to and addressed, not only in design concepts but also in the development of construction sequencing and phasing plans. The consultant team will offer three venues for public involvement, which ultimately will guide the project and consultant team through the design and approval process. The Town of Vail is currently making arrangements for a storefront office within the project area. This ongoing presence will undoubtedly aid the consultant team and its connection with the community and will offer a location to display plans, sketches, etc. as the design develops. In addition, the consultant team and the Town of Vail staff will work in conjunction provide media and Internet access to project information at various design milestones. Initial Public Workshop, June 26-28 The consultant team will participate in a three-day public workshop during the initial start-up portion of the project. The objective of the consultant team will be to solicit community input on project issues and possible design concepts/program. The format will include meetings with various scheduled focus groups from the Vail community (ex. retail, residents) for approximately 3-5 hours per day. The consultant team will participate in a design charette to document, both graphically and written, issues/comments voiced by the community groups. At the conclusion of the workshop, the consultant team will present issues and concerns identified by the community via a public open house/meeting. Preliminary Public Workshop Agenda: June 26: • Initial project kickoff, site walk through, and coordination meeting with Town of Vail representatives. • Scheduled focus group sessions • Team charette June 27: • Scheduled focus group sessions • Team charette June 28: • Scheduled focus group sessions Team charette • Public presentation of project issues and identification of design programming opportunities Ongoing Community Meetings, July 11, 25; August 8, 22; September 5, 19; October 17 The consultant team will participate in seven community meetings at consistent intervals throughout the design process. These meetings will provide critical input from the community on important design decisions and progress which will aid the consultant team in achieving civic objectives established by the Town Council and Vail community. Preliminary Community Meefinp Topics: July 11: • Review project issues and present preliminary concept/design program. July 25: • Approve concept/design program, review schematic design progress, and present snowmelt options/cost-benefits. August 8: • Review schematic design progress. August 22: • Review approved schematic design and review design development progress. September 5 and 19: • Review design development progress. October 17: • Review approved design development documents and preliminary construction phasing and sequencing plan. One on One or Small Group Meetings, Weekly meetings from June 19-November 5 The consultant team will participate in one on one or small group meetings at a designated time(s) each week during the various design phases. These meetings will be critical in gaining community consensus on proposed improvements to the village. In addition, these meetings will be useful in hearing and addressing individual issues that may be potential "deal breakers" and working on conditions that are geographically localized. ~` ~~a.J~rr STAR7 lli' [S5t1ES ANA!_YSfS CONCEPT L~CVILOPNik_NF- 51.fl~NIACtC t"i~S1GN . i1.~C7 t2kt TtFVF~ tlP3AC-A1 f CgN$~f7UC~=GhJ PHASING A4~D SECtU=Id~'9NC; x ~ . _... ...? UR1Ti t~L f~fiILE~T~'t~E~ ~'"'" C~ Mt~~EI,lNI'~`~' tJ~~°7 it,~i~ `~ C'N~ ~,ihl C~N'E ib~~ETIIdGS r.._.~~ ~:C3RlIV~iL A~P+zt7VAE.,GFF fk~.l EG~lVES, i3tVFl15, I~Stt~'$, ! C~ilJMClk. pEC1~lON dJ!! GgIST1C1~ fkPFRUYAL pi ANt1 P1itJG~S ' i i,~8t1W'MEJ,:T t~~91dN i'~YELO~MENY ~" a "~'' '~ `, .J ~G11ElIlJ4TEG QE39GN r _ j: ~ t : 1 l `,.~ ~ ~r.~t~`~~ 7'11 7' ~r~ 3i ~ _?,~~~ a c, t~NGC3fF~f~'~RJM r~1~ ~ 1~~y CtrUNG1LAPr'i@C:v;,.L nF C01iS'1ltk1~1"1C3N ~H.A51?t4 A~N;1~EE.~~ENCINCi r'r+K' £ ~p.J ~~ 1~,~1T Vail Village Streetscape Design - Presentation to Town Council 18 Jun 2002 ail village STREETSCAPE DESIGN Opportunity Statement Streetscape Civic Objectives Givens Issues Process Schedule Opportunity Statement .! ^ All municipal water mains within the Village Core need upgrading, and with the streets excavated, there is an opportunity for enhancing the Village and coordinating the work for minimal impact ^ An opportunity to consider the use of the VRI Front- Doorproject and committed streetscape funds ^ An opportunity to address the issues of the various Master Plans: 1991 Streetscape, Transportation, Drainage, Snowmelt, Loading & Delivery, and AIPP [Opportunity Statement ^ An opportunity to implement projects in the on- going Vail renaissance ^ An opportunity to address the deteriorating infrastructure Opportunities, Objectives, Givens, Issues, Process, Schedule 1 Vail Village Streetscape Design Presentation to Town Council 18 Jun 2002 ^ Vail's Vision guides the process "To be the premiere mountain resort community" and the 1991 Streetscape Master Plan grounds the design ^ Establish a high level of enduring quality and an overall character that is sensitive to the community's alpine setting ^ Create an interesting and integrated network of plazas, walkways, and streets within the pedestrian village rStreetscape Civic Objectives J L' ^ Design public spaces that encourage people to interact with one another and support special events, street performances, and a variety of comfortable seating ^ Increase the level of interest and visual stimulus in the pedestrian environment by adding fountains, public art, street furniture, color, texture and landscaping which emphasize craftsmanship and creative design rStreetscape Civic Objectives J L ^ Create an inviting evening experience for pedestrians through a creative and subtle plan for lighting of buildings and landscaping ^ Create a physical environment that better supports the year-round economic performance of retail, restaurant and lodging businesses by improving the pedestrian accessibility through design of public access, visibility and street edge relationships. ^ Improve the ability of visitors to orient themselves and find destinations through signage, accentuation of public spaces, stronger landmarks and emphasis on view lines Opportunities, Objectives, Givens, Issues, Process, Schedule 2 Vail Village Streetscape Design - Presentation to Town Council 18 Jun 2002 Streetscape Civic Objectives ^ Operational considerations include safety, drainage, snow & ice, transportation, and loading & delivery, and capital costs as well as operation and maintenance costs should be addressed ^ Design will consider the compatibility of adjacent uses for guests, businesses and residents in the relationship between the indoor and outdoor spaces ^ Involve the community members who will be affected by the plan so that the final product represents their needs and goals Agreem nt on Objectives ail village ST REETSCAPE DESIGN rGivens J L ^ Plans are grounded in community consensus ^ Design team will consider all ideas for improvements and follow-up closure communicated ^ Design will be from building edge to building edge ^ Snowmelt will be investigated and decided upon early in process ^ Public art will be integrated into design ^ Phasing plans are coordinated, minimize impact, and make sense Opportunities, Objectives, Givens, Issues, Process, Schedule 3 Vail Village Streetscape Design Presentation to Town Council 18 Jun 2002 rGivens y~.. L , ^ Plan is constructible and developed in packages to minimize impact on Village Core during July - August peak summer season ^ Plans will include a base plan, which will meet the needs within the budget ^ First phase of construction will commence in the Spring of 2003 ^ Minimum emergency and maintenance vehicle requirements will be met ^ Safety and public welfare will not be jeopardized ^ Town Council is the final decision-maker Agreem nt on Givens ail village STREETSCAPE DESIGN rlssues J L ^ Snowmelted Streets: AII, Some, Phased, or None ^ Building lines v. property lines ^ Funding and cost sharing of capital improvements and operations and maintenance ^ Build-to lines may be considered to enrich or improve the public space and enliven the retail environment ^ Defining the base improvements so that future expandability is incorporated in the design Opportunities, Objectives, Givens, Issues, Process, Schedule 4 Vail Village Streetscape Design Presentation to Town Council 18 Jun 2002 Issues ^ Stakeholders have different needs and will have differing ideas on spatial programming ^ Potential changes to known landmarks -Children's Fountain, Founder's Plaza, and Checkpoint Charlie ^ Potential introduction of new structures -public restrooms, new Checkpoint Charlie, and boiler plants Awaren ss of Issues ail village STREETSCA PE DESIGN rDesign Process J L ~. Objectives, Givens, Issues, and Process s. Concept Development, including snowmelt s. Schematic Design a. Design Development s. Construction Phasing s. Improvement Funding ~. Construction Documents a. Construction Phases Opportunities, Objectives, Givens, Issues, Process, Schedule 5 Vail Village Streetscape Design Presentation to Town Council 18 Jun 2002 rPublic Process L Design process is guided by the public process Process requires that all stakeholders be approached and encouraged to participate • Venues for public involvement • Initial Public Workshop (26-28 Jun) • Solicit Community Input on issues and design concepts rPublic Process ,! L • Ongoing Community Meetings (Biweekly) • Topics include project issues, preliminary concept/design program, snowmelt options, schematic design, design development, construction phasing and sequencing • Present topic at meeting, request input, review at following meeting for consensus • One-on-One or Small Group Meetings (Continuous) • Store-front design office presence • Media, Website, etc s t ~. > ,.E ,~ ». h,_ ,n.. ~ ... ~_ Opportunities, Objectives, Givens, Issues, Process, Schedule 6 Vail Village Streetscape Design Presentation to Town Council 18 Jun 2002 rDesign_Process J L i. Objectives, Givens, Issues, and Process • Present and obtain approval from Town Council • 3-day Public Workshop (26-28 Jun) with Focus Groups • Community Meeting (11 Jul) z. Concept Development, including snowmelt • Community Meetings (11 Jul, 25 Jul) • Present and obtain approval from Town Council (6 Aug) rDesign Process J L s. Schematic Design • Community Meetings (8 Aug, 22 Aug) • Workshop with DRB & PEC • Present and obtain approval from Town Council (20 Aug) a. Design Development • Community Meetings (5 Sep, 19 Sep) • Present and obtain approval from Town Council (1 Oct) rDesign Process L s. Construction Phasing • Community Meeting (17 Oct) • Present and obtain approval from Town Council (5 Nov) s. Funding Improvements • Obtain approval from Town Council in Jan z Construction Documents • Obtain approval from Town Council to Bid in Jan-Feb Opportunities, Objectives, Givens, Issues, Process, Schedule 7 Vail Village Streetscape Design Presentation to Town Council 18 Jun 2002 Design Process s. Construction Phases Spring 2003 Fa112003 Spring 2004 Fa112004 Etc. Council Decision Schedule J C, ^ 18 Jun Approval of Objectives, Givens, Issues, and Process ^ 6 Aug Approval of Concept Design, including snowmelt decision ^ 20 Aug Approval of Schematic Design ^ 1 Oct Approval of Design Development ^ 5 Nov Approval of Construction Phasing ^ Jan '03 Authorize Construction Funding Approv Ion Process ail village ST REEL SGAPE DESIGN Opportunities, Objectives, Givens, Issues, Process, Schedule 8 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 10, 2002 SUBJECT: A request for an amendment to the approved development plan; a request for conditional use permits to ailow for the construction of Type 111 EHU's, to allow for an expansion of the Vail Mountain School, to allow for a private outdoor recreation facility, to allow for a private school/educational institution and to allow for temporary modular classroom structures; a request to modify the official Rockfall Hazard Map to indicate approved mitigation; a request for a recommendation to the Vail Town Council for a rezoning from Two-Family Residential to General Use (Tract C); a request for a recommendation to the Vail Town Council to amend the land use designation from Low Density Residential to Public/Semi-Public (Tract C) and a request for a recommendation to the Vail Town Council for a text amendment to Section 12-8A-8 (Density) Vail Town Code to amend the GRFA requirements in the Ag and Open Space Zone District, located at 3160 Katsos Ranch Road /Lots 11 & 12, Block 2, Vail Village 12tH Filing and Tract C, Block 1, Vail Village 12tH Filing. Applicant: Vail Mountain School, represented by Braun and Associates Planner: Russ Forrest PURPOSE The purpose of this worksession is to allow the applicant to introduce the Vail Mountain School applications to the Planning and Environmental Commission (PEC). The applications propose amending the 2000 approved master plan for the Vail Mountain School (Attachment A). Staff is still evaluating and awaiting additional information to verify the development statistics for the project. The applicant is requesting that the Planning and Environmental Commission identify issues to further address in future meetings and to identify additional information that the PEC may need to make a final decision and/or recommendation. Attached is a description of the proposal (Attachment B) from the applicant and an Environmental impact Report (Attachment C). II. DESCRIPTION OF THE REQUEST This project involves four properties with the following zoning: Parcel Zoning Proposed Acreage Owner Use 1) Lot 12 S, Block 2, General Use 6.1 Acres Vail Mountain Vail Village 12th School & School (Current School soccer field & Site) 84 parking s aces 2) Lot 12 N, Block 2 Agriculture Open 2000 sq. ft. 1.28 Vail Mountain Vail Village 12th Space Head Master School (Previously SpacE (Tennis House and owned by the Boot"- Courts) portion of Falls Homeowners soccer field. Associations 3) Lot 11, Block 2, Two Family .408 Vail Mountain Vail Village 12tt' (lot Residential Soccer Field School directly west of (Applicant is and cabin current soccer field) proposing to rezone to General Use) 4) Tract C, Block 1, Two Family 8 EHUs and 1.28 Vail Resorts Vail Village 12th Residential 29 parking (Applicant is spaces + 2 proposing to rezone bus spaces to General Use The following is a summary of the applications for this project: A. Request for an amendment to the approved development plan for the Vail Mountain School. The PEC is being asked to consider an amendment to the 2000 Development Plan for the Vail Mountain School. This involves determining the development parameters for the site. Approval of a development plan is integral to approving a conditional use permit for the school. B. Request for 4 Conditional Use Permits 1) Construction of 8 Type l/l EHUs on Tract C (Currently zoned Two Family Residential and proposed to be General Use) 2) Expansion of the Vail Mountain School on Lot 12 (s), Block 2, Vail Village 12tH 3) To allow for a private school and recreational facilities on Lot 11. 4) Allow temporary classrooms at the Vail Mountain School during the construction of the new buildings. 2 C. Rezoning of Tract C from Two Family Residential to General Use and a Land Use map amendment from Low Density Residential to Public/Semi Public. After further discussions with staff, the. applicant will submit an application to rezone Lot ~ 7 from Two Family Residential to the General Use District D. Zoning Text Amendment to allow for 425 sq ft. GRFA credit for home s in Agriculture and Open Space Zone District. The 425 GRFA credit applied to other residential zone districts does not apply to Agriculture Open Space where a single family residential unit is a permitted use E. Hazard Map amendment to remove High Severity Rock Fall Hazard designation from Tract C. This area is protected from the rock fall berm above Katsos Ranch F. Design Review Board Application for the entire project. Note: The applicant will also propose in the near future a Major Subdivision to move the intersection of Katsos Ranch Rd. and the Frontage Rd. to the east and create a new right of way. III. BACKGROUND 2000 Master Plan On June 8th, 1999, the Vail Town Council discussed the PEC's decision to approve a conditional use permit (CUP) to allow for the addition of a temporary classroom structure at Vail Mountain School. The council agreed the CUP could be extended for an additional year if the applicant presented a master plan to the council within the next year. On April 24th 2000 the Vail Mountain School received approval for a development plan (master plan) and a conditional use permit for the expansion of a school facilities including eight Type III employee housing units. Attachment A summarizes the development parameters that were approved for the master plan. The plan involves significant improvements constructed in two separate phases. Phase 1 (June 2000-July 2001) improvements include: • Demolition of the rockfall mitigation berm • Removal of the existing temporary classroom structure • Construction of an eight-classroom wing to the north of the existing building • An elevator connection to all floors ^ Reconfiguration of the existing access and parking area to allow for the addition of a "drop off' lane and additional parking. Phase II (long-term) improvements include: ^ Addition of a 300-seat auditorium ^ Faculty housing ^ Additional classrooms south of the gymnasium ^ Additional parking It is important to note that the 2002 proposed plan and the approved 2000 master plan proposes the same number of students (330 students) and 28 class rooms. The 2002 proposal does include a larger auditorium (400 versus 300). The total floor area is approximately 20,510 more than the 2000 plan. Parking (116 spaces) and employee housing is proposed to be the same for the 2002 application given the number of students and faculty will remain the same. History of the Property The following is a brief synopsis of Vail Mountain School development over the last 20 years: 1979 -original 2-story building constructed 1984 -north classrooms and rockfall berm constructed (berm is no longer necessary) 1989 -gymnasium and stage addition constructed 1992 -additional story added to existing building 1995 -library expansion 1999 -temporary classroom structure added IV. ROLES OF REVIEWING BOARDS Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUP. The PEC will make recommendations to the Town Council on rezoning land, text amendments, and modification of hazard designations. The PEC is responsible for evaluating a proposal for: Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 4 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Titfe. The PEC is also responsible for prescribing the development parameters on GU zoned land and ensuring the development parameters conform to approved zoning in other zone districts. The development parameters that must be considered include: - Lot area - Setbacks - Building Height - Density - GRFA - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Design Review Board: The DRB has no review authority on a CUP, but must review any accompanying DRB. application. The DRB is responsible for evaluating the DRB proposal for: • Architectural compatibility with other structures, the land and surroundings • Fitting buildings into landscape • Configuration of building and grading of a site which respects the topography • Removal/Preservation of trees and native vegetation • Adequate provision for snow storage on-site • Acceptability of building materials and colors • Acceptability of roof elements, eaves, overhangs, and other building forms • Provision of landscape and drainage • Provision of fencing, walls, and accessory structures • Circulation and access to a site including parking, and site distances • Location and design of satellite dishes • Provision of outdoor lighting 5 • .The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Counci! is the final decision making authority. for a rezoning or a text amendment. Final actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Rezoning Criteria Before acting on an application for a zone district boundary amendment, the Planning & Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. 2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. 3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. 4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. 5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 6 6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. 7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. 8) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: ~) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive-Plan and compatible with the development objectives of the Town. ` 2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Prescribed Regulations Amendment Before acting on an application for an amendment to the regulations prescribed in Title 12, the Planning & Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: 1 j The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations. 2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. 3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable. 4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5) Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail .Comprehensive Plan and is compatible with the development objectives of the Town; and 2) That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural ernrirorment and its established character as a resort and residential community of the highest quality. V. STAFF RECOMMENDATION As this is a worksession, staff does not yet have a recommendation. VI. ZONING ANALYSIS Vai{ Mountain School is located in the General Use Zone District. Pursuant to the Town of Vail Zoning Regulations, the purpose of the General Use Zone District is to: provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10). Sections 12-9C-2 & 3 outline the permitted and conditional uses allowed in the General Use Zone District. Public and private schools and educational institutions are a conditional use in the General Use Zone District subject to the issuance of a conditional use permit. The AOS zone District is outlined in 12-8A and the Two Family Residential District is in section 12-6C. Zoning Analysis _Note: All Numbers for the proposed school are approximate and need to be further verified. Lot 12 S and Lot 11 (Assuming Lot 11 is rezoned to General Use) Zoning: General Use All development standards in the GU zone district are prescribed by the PEC Lot Size: 6.122 acres (Lot 12 S) or 266,674 square feet + .408 acres or 17,772 square feet = 284, 446 square feet Lot12S&Lot11 Existing 2000 2002 Proposed nensity: n/a n/a n/a Setbacks: Front/Katsos: 90' 24' 24' Frontage Rd: 76' 76' 25' Side: Booth Creek 358' 358' 340' Rear: 23' 20' 20' Height: 27' 36' 42 (approx) Parking: 85 116 84 lot 12/115 total (includes 2 bus spaces) Site Coverage: 22,027 sf (8.26%) (14.1%) 20.9% Floor Area: 20,488 sf 55,390 75,900 Students 261 330 320 Faculty 43 48 48 9 Lot 12 N Zoning: Agriculture Open Space Lot Size: 1.28 acres or 55,756 square feet Existing 2002 Proposed Density: n/a 1 Setbacks: North Lot Line: n/a 20' Booth Falls Rd : n/a 20' East Lot Line: n/a 85' Height: n/a 31' (Need to verify} Parking: 0 Need 2.5 Site Coverage: n/a 4.8%/5% allowed Floor Area: n/a 2,425 (proposed)/2000 allowed Tract C Zoning: Two Family Residential /Proposed zoning is General Use Lot Size: 1.28 acres or 55,756 square feet Existing (allowed) 2002 Proposed Density: 2/site Not counted towards density (potential for 3 lots) 6.25/acre (8 EHUs) Setbacks: Katsos Ranch west: 20 ft N. Frontage North (Katsos) Height: Parking: Site Coverage: Floor Area: 15 15 33' 2.5/unit 20% 7385/1 lot 11,250/ 3 lots of 15,000 sq ft. 120' 25' 18 24 approximately 115 total/29 on Tract C 6.5% 5,660 (EHUs excluded from GRFA) 10 Summary of Entire Project Existing 2000 Approval Proposed Plan Density: n/a 8 EHU's = 4 d.u.'s 8 EHU's = 4 d.u.'s 1 Dwelling Unit (headmaster) Setbacks: Main School Building Front/Katsos: 90' Side/Frontage Rd: 76' Side: 358' Rear: 23' 24' 76' 358' 20' Faculty Housing Front/Katsos: Side: Rear/Frontage Road: Height: Parking 27' 85 spaces 0 36' Loading: Site Coverage: GRFA: 116 spaces 0 22,027 sf (8.26%) 37,469 sf (14.1%) n/a 4,800 square feet Total school 31,990 sf 55,390 sf Floor Area: *Site Coverage Detail 20' 25' 350'+ 20' - 40' 20' 130' 85' 36' - 42' 115 + 4 for headmaster res + 15 drop-off spaces 1 loading space 65,800 sf (16.7%)* 5,040 sq. ft. (EHUs) 2,425 sf (headmaster) 75,900 sf Use Parcel Site Cover % of Lot Residence Boothfalls Parcel (Portion of Lot 12) 2,700 sf 4.8% Cabin Lot 11 950 sf 5.3% School Lot 12 58,500 sf 22% Faculty Housing and Bus Enclosure Tract C 3.650 sf 6.5% Overall Plan All Parcels 65,800 sf 16.7% 11 V11. DESIGN REVIEW BOARD INPUT FROM JUNE 5T" MEETING • The Design Review Board (DRB) was very supportive of the architectural form of the building. Specifically they liked the horizontal and vertical variation in the design. • The DRB liked the contrast in the use of materials and that several roof materials would be considered. • The DRB requested that the applicant look at sinking the gymnasium to reduce the height of this element to address concerns from adjacent property owners. • The DRB expressed concern regarding any impact to the aspen stand on Tract C. • The DRB asked to see a very sensitive lighting plan. The Board asked that low level ballard lighting be used. • The DRB asked the applicant to consider structured parking underneath the soccer field which could enable the parking to be reduced on Tract C. • The DRB wanted to make sure that the applicant would ha~~e adequate landscaping. They were concerned that much of the landscaping was on CDOT right-of-way and wanted to make sure that they could plant that material. • DRB asked that a gate be considered for Tract C to prevent non school related traffic from parking in that lot. • DRB asked whether a porte-cochere was needed for the entrance to the school. • The Board inquired whether there was adequate space for loading and delivery. VIII. DISCUSION ITEMS 1. Circulation and Parking: There are 115 parking spaces split between two areas with 84 spaces on the west lot and 29 spaces + 2 bus parking spaces on Tract C. Sixteen spaces are required for the eight employee housing units. The plan does appear to be consistent with the 2000 approved master plan in regard to parking. The only major change in use is a larger auditorium (400 seats versus 300 seats) and the addition of over 20,000 square feet in floor area (primarily in common space). Average daily trips are actually reduced on Katsos Ranch Rd with this circulation plan. The EIR concludes that an auxiliary lane is not needed on the Frontage Rd. It does state that additional auxiliary parking may be needed for special events. Public Works is still reviewing parking and circulation. Does PEC want to see any additional information on this issue? 2. Tract C Site Disturbance Could site disturbance on Tract C be further reduced by having two way circulation and a cul-de-sac versus putting an island in the middle of the site? Also could some of the parking be structured or integrated into the 8 EHUs? The site disturbance could be reduced by placing the bus parking on the west side of the school. Also the existing aspen grove on Tract C needs to be included in the landscape plan to indicate how much of that area would be impacted. 12 3. Overall Mass, Site Coverage of the Protect The proposed site coverage for the School is approximately 22% which compares to an existing site coverage of 8.26% and an approved site coverage from the 2000 plan of 14.1 %. The floor area is approximately 20,000 square feet more than the 2000 approved plan. Should the applicant look at structured parking or are the proposed berms adequate to screen the proposed surface parking? Should the gym be sunken to further reduce the height of this element of the building? Again it should be noted that the DRB was very pleased with the overall design of the building and felt the articulation of the building reduced the apparent size of the facility. 4. Emgloyee Housing Units Eight Employee Housing Units are proposed and the applicant is willing to consider deed restricting the head masters house on Tract 12 N. If the Head Masters unit was deed restricted that vvould be 9 EHUs provided by the applicant. Staff does feel that additional storage is needed for the 8 proposed EHUs on tract C and that those EHUs need usable open space. It is important to note that Type III EHUs can be sold or transferred separately. Is the PEC comfortable with that possibility? 5. Rezoning and Vacating Property Lines The applicant has stated that they are willing to rezone Lot 11 to General Use and vacate the property line. This still leaves the Boothfalls lot or 12N zoned Agriculture Open Space with a portion of the soccer field on both GU and AOS zoned land. The school has agreed to keep the Boothfalls lot zoned AOS as part of their negotiations with adjacent property owners. Staff can not find a regulatory reason to prevent this action. A structure overlapping property boundaries would be prevented due to set back requirements. 6. Text Amendment for AOS Land The applicant is asking that the 425 GRFA credit is applied to AOS zoned lands. The purpose of the Agriculture Open Space Land Is to: "preserve agricultural, undeveloped or opens space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and opens space objectives. Parks, schools, and certain types of private recreational facilities and institutional also are suitable uses..." Single-family residential dwellings are permitted uses in the AOS zone District. Staff can not yet confirm if the 425 credit was specifically not applied to the AOS zone district for some specific reason. A 425 credit would be a 21 % increase in the total floor area for a house in the District. It may have been considered to be inconsistent with the purpose statement for the District. Also since 1990 staff has contemplated proposing to eliminate the AOS District since agriculture is no longer a use in the Town of Vail. The PEC should consider that an amendment 13 to the AOS Zone District will affect all properties that are zoned AOS. Several examples of properties zoned AOS include: Owner Home Owners Assoc: Cara Beutel Bighorn Mutual San Dist Vail Resorts Vai! Resorts Vail Resorts Lodge at Lionshead Property Tract A Vail Potato Patch Unplatted land east of Nugget Lane 4095 Columbine Drive (pond) Public Works Snow Dump Tract E Vail Village 5th (Vistabahn) 615 & 601 Forest Rd (Tennis Courts and ski way in Lionshead) Tract I &J Vail Lionshead Filing 1 14 Attachment A 2000 Master Plan 15 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2000 SUBJECT: A request for a conditional use permit to allow for an expansion of the existing facilities including eight Type III employee housing units at Vail Mountain School, located at 3160 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12th Filing. Applicant: Vail.Mountain School, represented by Gwathmey Pratt Schultz Architects Planner: Brent Wilson I. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant is requesting a conditional use permit to allow for a phased master plan for long-term development at the Vail Mountain School campus. This conditional use permit would also include an approval for the construction of eight Type III employee housing units. On March 13th of this year, the PEC conceptually reviewed this proposal and requested that the applicant address the following concerns prior to final review of this proposal: Employee Housing Units -The PEC stated the school should be required to provide employee housing at the same rate (30%) as other private developments in the Town. Based on an increase in capacity from 244 to 300 students, the school would be required to provide a total of two employee housing units (based on the standard of 1 staff member/10 students * 56 add'I students'`30%). Vail Mountain School is proposing eight Type III employee housing units. However, due to mobilization costs and economies of scale, the applicant would like to construct all of the proposed EHU's in conjunction with "Phase II" improvements. Traffic Circulation - It has been observed by members of the PEC and the Vail Town Council that a re-occuring problem during peak traffic flow at the school involves the "stacking" of cars along the frontage road in anticipation of left and right turn movements into Katsos Ranch Road. The result is a congested access to the school and impacts to traffic flow along Katsos Ranch Road and North Frontage Road East. In an effort to address this concern, the applicant has provided a relocated access and revised parking and loading configuration for significant additional drop-off capabilities (10 cars at one time) within the property boundaries. A transportation engineering consultant has reviewed the proposal and forwarded a traffic study to town staff for review. Landscaping -The PEC stated the existing and proposed parking areas should be upgraded to meet the Town's landscape requirements for parking lots. The applicant has provided a revised landscape plan .based on this input. \\VAILIDATA\EVERYONE\PEC\MEMOS100\VMS2.DOC Buffering between the school and housing units -The PEC requested a buffer to separate the institutional uses from residential uses on the property. The applicant has revised the site plan to reflect a separation of these uses. History of the Property The following is a brief synopsis of Vail Mountain School development over the last 20 years: 1979 -original 2-story building constructed 1984 -north classrooms and rockfall berm constructed (berm is no longer necessary) 1989 -gymnasium and stage addition constructed 1992 -additional story added to existing building 1995 -library expansion 1999 -temporary classroom structure added On June 8th, .1.999, the Vail Town Council discussed the PEC's decision to approve a conditional use permit (CUP) to allow for the addition of a temporary classroom structure at Vail Mountain School. The council agreed the CUP could be extended for an additional year if the applicant presented a master plan to the council within the next year. The Vail Town Council reviewed the plan at their March 7th meeting and expressed unanimous support for the plan. The applicant is requesting final review of this request from the PEC today. The plan involves significant improvements constructed in two separate phases. Phase I (June 2000-July 2001) improvements include: • Demolition of the rockfall mitigation berm • Removal of the existing temporary classroom structure ^ Construction of an eight-classroom wing to the north of the existing building ^ An elevator connection to all floors • Reconfiguration of the existing access and parking area to allow for the addition of a "drop off' lane and additional parking.. Phase II (long-term) improvements include: ^ Addition of a 300-seat auditorium ^ Faculty housing ^ Additional classrooms south of the gymnasium ^ Additional parking II. ROLES OF REVIEWING BOARDS Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUP. \1VAILIDATA\EVERYONE\PEC\MEMOS\00\VMS2.DOC The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be Located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Design Review Board: The DRB has no review authority on a CUP, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision for snow storage on-site \\VAIL\DATA\EVERYONE\PEC\MEMOS\00\VMS2.DOC 3 - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor fighting - The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also -advises the applicant as to compliance with the desigr, guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. (II. STAFF RECOMMENDATION The Community Development Department recommends approval of the applicant's request for a conditional use permit to allow for an expansion of the existing facilities at Vail Mountain School, located at 3160 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12th Filing, based on the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the General Use zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. If the Planning and Environmental Commission chooses to approve this request, staff recommends the following conditions be placed on the approval: The applicant shall provide the Town of Vail with an easement for the existing public bus stop at the southwest corner of the property. \\VAILIDATAIEVERYONE\PEC\MEMOS\00\VMS2.DOC 4 2. The applicant shall provide the Town of Vail with drainage easements in accordance with the proposed grading and drainage plans. These easements will be recorded prior to the issuance of a grading permit for any proposed grading activities on the property. 3. Prior to the issuance of any permits for the "Phase II" improvements on the property, the applicant shall conduct a revised traffic study for staff review to ensure appropriate mitigatiori measures (if applicable) are addressed in a manner that is proportional to proposed "build-out" traffic impacts from the project. It is acknowledged that the threshold for identifying traffic impacts from this proposal will also include existing conditions and "Phase I" improvements. 4. All housing units on the property shall be required to be deed-restricted as Type _ III employee housing units. These units must be constructed in conjunction with approved "Phase II" improvements. Required Type {II deed-restrictions will be .. recorded prior to the issuance of any permits for Phase II improvements. The employee housing units will contain full kitchen facilities, as defined in Chapter 12, Vail Town Code. 5. The bicycle path will run with a straight alignment from the parking area to Katsos Ranch Road ("punched through" the berm while avoiding vegetation). An easement will be provided to the Town of Vail for the bike path. IV. ZONING AND THE APPROVAL PROCESS Vail Mountain School is located in the General Use Zone District. Pursuant to the Town of Vail Zoning Regulations, the purpose of the General Use Zone District is to: provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types ofquasi-public uses permitted in the District are appropriately located and designed to meet the. needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10). Sections 12-9C-2 & 3 outline the permitted and conditional uses allowed in the General Use Zone District. Public and private schools and educational institutions are a conditional use in the General Use Zone District subject to the issuance of a conditional use permit. \\VAIL\DATA\EVERYONE\PECIMEMOS\00\VMS2.DOC Zoning Ana)ysis Zoning: General Use *All development standards in the GU zone district are prescribed by the PEC V. Lot Size: 6.122 acres or 266,674 square feet Existing Phase I Phase II Density: n/a n/a 8 EHU's = 4 d.u:'s Setbacks: Front/Katsos: 90' 78' 24' Side/Frontage Rd: 76' 76' 76' Side: 358' 358' 358' Rear: 23' 23' 20' Height: 27' 27' 3g' Parking: 85 spaces .104 spaces 116 spaces Site Coverage: 22,027 sf (8.26%) 29,081 sf (10.9%) 37,469 sf (14.1%) GRFA: n/a n/a 4,800 square feet Total 20,488 sf 31,188 sf 48,688 sf Floor Area: (+10,700 sf) (+17,500 sf) REQUIRED CRITERIA AND FINDINGS -CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: 1. Reiati_onship and impact of the use on the development obiec#ives of the Town. The Vail Land Use Plan applies a "Public/Semi-Public" land use designation on this property. This category includes uses such as schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other institutions which are located throughout the community to serve the needs of residents. Staff believes this proposal is in compliance with all applicable objectives of the Vail Land Use Plan. Staff believes the proposal furthers the following specific goals: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial. and recreational uses to serve both the visitor and the permanent resident. \1VAIL\DATA\EVERYONE\PECIMEMOS\00\VMS2.DOC 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additiona{ growth in existing developed areas (infill areas). 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vai{ with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community.. 6.1 Services should keep pace with increased growth. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities schools, parks ahd recreation facilities, and other public facilities needs. Staff believes this proposal will impact the following facilities: Transportation -please refer to item 3 below. Schools -Planned improvements for the school would increase capacity to approximately 300 students and provide affordable housing for teachers and staff. Staff believes the proposal would have a significant positive impact on educational opportunities in the Vail Valley. Parks and Recreation -Staff believes the proposed auditorium facility could be a great amenity to Vail residents if managed via apublic/private partnership. The applicant has expressed a desire to provide opportunities for public events at the auditorium when school-related functions are not planned. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas_._ Traffic -The applicant's traffic engineering consultant performed traffic studies at Vail Mountain School on two occasions. Based on both the consultant's findings and traffic projections from the town engineer, construction of Phase 11 improvements (specifically, the auditorium) could trigger the need for dedicated turning lanes. \1VAIL\DATA\EVERYONEIPECIMEMOS\00\VMS2.DOC The Town Engineer's projections of need are based on the following data: ITE industry standards, traffic counts for the 15th busiest skier day along the frontage road, the CDOT access code, and an assumed 300 student enrollment at build- . out. Staff believes the proposed re-routed access is sufficient to meet the needs of users for existing and proposed "Phase I" improvements. However, due to potential fluctuations in student enrollment and traffic patterns, a revised parking study will be necessary to determine the extent of traffic impacts and mitigation (if necessary) to ensure a practical implementation of future plans once "Phase I" improvements have been constructed. Parking -the Vail Town Code (supplemented by ITE parking standards for educational facilities) would require a minimum parking space count of 104 spaces (total at build out). However, staff believes a higher number of students at Vail Mountain School commute by car than at an average high school and that the minimum 104 spaces should be increased slight)}~. The applicant is proposing a total of 116 spaces (an increase of 11.5%). Staff believes this is a preferable, but not excessive, amount of parking. 4. Effect-upon the character of the area in which the proposed use is to be located including the scale and bulk of the proposed use in relation to surrounding uses Staff believes the proposed scale and bulk of the additions are consistent with the existing facility. Additionally, staff does not believe the additions will negatively impact adjacent uphill structures. The proposed roof ridge height for the auditorium facility is 1' 8" higher than the existing building ridgelines and less visually impactive than the existing rockfall mitigation berm and chain-link fence.. B. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. Tha# the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 11VAIL\DATAIEVERYONE\PEC\MEMOS\OOIVMS2.DOC Cwathmay Pratt Schultz {MORTN FRfMTACE Rplpl TOPOGRAPHIC Sl1FIVEY S~ RAN VAIL IIDUNTA[N SCHOOL r'1 ~T1T'~' _ ___ PART Cf 72. BLOCK 2 ~« ~ ® VAIL VILLAGE. TffELFTH FILING ,.~ .... TOMN OF YAIL. EACLE COUNTY COLORADO J rC {[. .Z _I ~~s }~y --- "~.~- ~,:~ -- ~.~,~ ~= ~~~ w.i NYRYwr ~t~.2Q INTERSTATE, NIpIYAT Na. TO R.O.Y ~~ r~~ tsxl6Ttras rAlaaw n xACts tgw rAIUCIW -w se otc . -I~ xlces rt,a7aE rtAtt Iz xACes TOTAL rARKlliS 116 xAGB ~. ~ 1~~ eASetelrr . Izo x [rttRr • Izo x xcorm - Izo x 7YiIRD • Izo x y~~~~y~. TOTAL • 4E0 x • ray~lrPi~i+if~ _. errrnr z cL.ve ~re • wo . I,66o x - eror+.~seixrtvlwi trzrl . 4,z6o x 61:LOIID z cus3 naore • D6o . 1,660 SF 4 GUSS FOOr6 • 66O .3,640 x rorAL .loazo x ~~ rAPr a LD7 a S~ 4' ~ ~ ~ RtMOJAL~ P' o ..... - C%ISTItN 69114 ~0 4 H::1' _._ s Ay ...... ..._._..___,___~__ ._ -- ~ 'CDT S 14 f •-h. ~~~ 1 '-` lDT , ,- - ~ ~~~ LDT /1 ~_-"L- - - -_ -. ~, ~ - ~ I r+ - ~ ..~..,.. - ~ PAP DF LOT l2 ~..., l `~~~ +~ ~= Y ti __ - / 4 -,c .,... ~ .. ... ..... ,~ \ \ ~ 2 _ _ __ _ _ ._ -~ ~°. rl ~ ,Ii- - -'-- _~ ~~ , _ _. - . -, - __ . ~ ~ / ./y~ _. .~ ~,.,,. a ~-- , ,_ ._~ ____ - ~ ~ i ~ ~ ~ r.. ~i ' ....~ FATS. P.D rt•4.4' [ - M.rt -_ ~_. i'-" _ -. ... .:. INTEPSTATE NIDHYAY r ^• ND. TD P.D.~ ' IxwTN cnaTACE NDADI TDPDGRAFHIC SURVEY ~~ ~H VAIL IbUNTA1N SCHOOL r~~~ at PART OF 12. BLOCK 2 ~•.. - PAIL VILLAGE. TIIELFTH F1LIN0 TDIM DF 'VAIL. EAGLE COUNTY COLORADO h'wcitfvriey Pratt Schultz J r z~R 1-.1 ~, ~ s }~} LY6/~ 34 AA RMi Ywi H.iur ~1.2b sne r~cn+s cxlsnt+s PAItKIN6 D! STAGES NEVI PARKIH6 PNhSE oNe . 11 xAGES 14MJT@l MAN . 13 SPURS TOTAL PARKINS III SPAG6 PMTS Lit 11 OF LOT tI t ~~~ eLtv~~ eASe.eNr- .I~o x eNrRCY . Igo x sECOIm .tzo x THIRD • Izo x I TOTAL .430 Y M!'D~~ /1aDtT10H cuss Roam EMRY 1 . D00 . 1}OO SF xcoNO ~ . eoo • I,6oo x THIRV 1 . soo . !oo x TorAL ! s.TOO x LOT S ~ ~ ~ T~l /1YV11iTM'r EHfAY 3 GL.ti' 9ROOF15 EMRY 30d GY.C. x I! 71Y000.. D,000 3F •690 . Ip60 X DkpoNY 100 OLG. x I! !f/GrG.. I.70o SP STORA6EJSE/LVKRS/ FEG7i . 4."ib0 SP 4}00 X 5[LOl/a ~ ~__ ,.~,6 4.00 SP x Z (GrJberlc d hpM.J . 9p00 5P . aso . 1,66D sP 4 CAl.SS RGYJMS Turk. . ~poo x . 660 . a,b4o x roTAL . l0~1o x *~~TM F~~'~ a~ -- -, o!E 9EIJRO01d UNITS O .600 5F . 4,D0o 5F REMIOJAL OP EwsnNS cea+ lOT 1 ' .... / TRAtT 6, C~ ~_ .~ 1 ~-~~.~ _- - _ -; ~ __ _ LOT , _ I Thy _./x ', ...~., _.~ ._,~. ,, ~, ,_ ,~ ® ., ,-- 1 _. ._ _, .. o- ..., ~ - -. - ~ ~ -s.. ~~.w ..__._... ~ p0/0 -..~ ~--~ .. " _._.. ~a wit ;p PP ~+ ~ -~0 -._. ...__ Gum INTERSTITE %IC%lAY ~ r- No. 10 R.O.Y rxoRTx fRa1TA0E waAOl TOPOGRAPHIC SURVEY ~~ ~H YAIL 4[XIHTAIN SCHOOL ~LJ1H PART OF 12. BLOCK 2 M1« ® YAIL YYLLAGE. TIIELFTH FILING ,.,.... ... TOIM OF YAIL. EAGLE COUNTY COLORADO G'.vatfimey Pratt ~,~m ~..~ C t Z d ~ Xa$- ~, ~ s } ~y .~ e...,~ D1114 74 A!R R1rAl.i ~~~G ....~.~ ~,~ ~~...~ ,e.~. ~....~. _ r-------------- n Pli~3~ O1~ w~. o .< ~ W4 6 iNYb' L I..T~4• !d IBC.! Cwattvnay Pratt Schultz J Z~pp ~ ~ Q ~~ ~~s }~> ~~ ~~ :~:~.-~= ~~~ d~._ -~- ~- ~~ X3.1 ~~ ~,~m Y~ST ~LLNATION r4UDITORIUM ~.,.. e •b ~'4 Y4 aM' d...<• ~ ~ ~ABT E1.LNATION n Al1DITORIUh~i Y~ M ~3 'SOIJfH ~Lg/ATIG~1 ,~IJDITORIIJ~N w ~. NORTH ~LINATION AUDITIORIt~i »~._. ~3 J P Z ~ pp ~ ~ Q ~~O J ~ U `} `~ •--e°jri.',~~..r.~.~ G~1: WW_2^. LIlF 7f /1Fll ~~ «.w M...r ~~~ Gwathmey Pratt schuttz ~^ ~~ ~ ~~ ~ ~~ __, WEST E1.E1/,~7'ION n FAGU.TY HousiN6 K~. 0 1.4 ' A - ~r- ~. gJ15T LL.~/r4TION n FACULTY HOU51NBr K M I~1T e •4 V®4 W4 'la ~~ Q -}-~ -~ ~I m a~» 90UTii EL.CY~T'ION FACULTY HouslNb K~. 6lsl'~o NORTH EL~1/ATION FACULTY HOU51N6 V-ly O 1'4 Y4 WO J E Z J ~~g ~w err (~I~ 9'{ ASR ~INr~ NYIi~ Mlrlllf ,43.,E G'.vattmey Pratt Schultz L .. ~ -tee= 501Jfli l~L~/M'ION WL.ST ADDITION ww. O sd 1d Wd Q a Z Q ~~ ~~s }~> n ~ WEST l=LE1/.iTION WEST ^DDITION w~. o ~'d VA Wd ~:~.-~- X3.4 RESOLUTION NO. 4 Series of 2002 A RESOLUTION AUTHORIZING THE PURCHASE OF LAND IN THE TOWN OF VAIL COMMONLY KNOWN AS PARCEL N0.2103 114 15 018 BY THE EAGLE COUNTY ASSESSOR'S OFFICE, AND LEGALLY DESCRIBED AS PARCEL B, RESUBDIVISION OF TRACT D VAIL DAS SCHONE SUBDIVISION WHEREAS, the Vail Town Council considers it in the interest of the public health, safety and welfare to purchase the property commonly known as Parcel No. 2103 114 15 018 by the Eagle County Assessor's Office, and legally described as Parcel B, Resubdivision of Tract D Vail Das Schone Subdivision ("the Property") NOW THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is hereby authorized to enter into a contract to buy and sell the Property. 2. The Town Manager and the town staff are authorized to take whatever steps are necessary to complete the purchase of the Property by the Town of Vail from Vail Commons Management Partnership, an Illinois general partnership. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 4t" day of June, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk ORDINANCE NO. 6 Series of 2002 AN ORDINANCE AMENDING SECTION 11-1-1, DEFINITIONS, SECTION 11-5-2 (L) PROHIBITED SIGNS, AND ADDING ARTICLE D. WEST VAIL EXIT #173 TO TITLE 11, SIGN CODE REGULATIONS, TO PERMIT CERTAIN OFF-SITE ADVERTISING IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on February 19, 2002, the Vail Town Council requested that the Community Development Department research options for permitting certain off-site advertising along Interstate 70 at the West Vail Exit (#173); and WHEREAS, on March 25 and April 8, 2002, the Planning & Environmental Commission of the Town of Vail held public hearings on the proposed text amendment to the Sign Regulations; and WHEREAS, the Planning & Environmental Commission of the Town of Vail has recommended at its April 8, 2002 meeting, that this text amendment be tabled until a more comprehensive sign code amendment can be completed, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council has determined that the West Vail Exit (#173) is uniquely different than the other two interstate exits in the Town of Vail in that merchants and businesses located in the proximity of Exit #173 are vehicular oriented in nature and depend largely upon interstate traffic for business; and WHEREAS, the Vail Town Council has determined that the placement of Specific Information and Business Signs along Interstate 70 will be beneficial to the traveling public and wilt enhance the economic success and viability of the West Vail commercial area; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the sign regulations of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 11, Sign Regulations, of the Vail Town Code shall hereby be amended as follows: (deletions are shown in str~gk-/additions are shown bold) Section 11-1-1, Definitions SPECIFIC INFORMATION AND BUSINESS SIGN: An official sign with a white reflective legend and border, on a blue background, that displays the type of business (Gas, Food, Lodging, Camping) and the interstate exit number which includes a flat rectangular aluminum information sign that is limited to the display of the name, brand name, or trademark, logo, symbol for businesses providing motorists services for gas, food, lodging, camping and/or tourist attractions. Ordinance No. 6, Series 2002 Section 11-5-2 (L), Prohibited Signs Off-premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located. This prohibition shall not apply to Specific Information and Business Signs as defined in Section 11-1-1 of the Vail Town Code and as further regulated by the Colorado Department of Transportation. Chapter 4, Sign Categories Article D. West Vail Exit #173 SECTION: 11-4D-1: Scope 11-4D-2: Specific Information and Business Signs 11-4D-3: Eligibility 11-4D-1: Scope: This Article concerns the display of Specific Information and Business Signs at the West Vail exit #173. This Article further includes the purpose of these signs, size, height, number, type of service, and location limitations. The following provisions are the sign regulations for Specific Information and Business Signs (aka LOGO signs). 11-4D-2 Specific Information and Business Signs: A. Purpose: To provide directional information along the Interstate Highway to business establishments offering services for Gas, Food, and Lodging to the traveling public. B. Location: West Vail Exit #173 and subject to review and written approval pursuant to the Rules and Regulations for Specific Information and Business Signs, as regulated by the Colorado Department of Transportation. C. Size: Subject to review and written approval, pursuant to the Rules and Regulations for Specific Information and Business Signs, as regulated by the Colorado Department of Transportation. D. Height: Subject to review and written approval pursuant to the Rules and Regulations for Specific Information and Business Signs, as regulated by the Colorado Department of Transportation. E. Number: Four (4) information signs total on the interstate with a maximum of two per direction of travel and no more than six (6) business signs per information sign and a maximum of two directional ramp signs total with no more than one ramp sign per ramp. F. Type of Service: The type of services permitted on a Specific Information sign shall be limited to "gas", "food", and "lodging", as regulated by the Colorado Department of Transportation. G. Distance to Gas, Food and Lodging Service Facilities: To be eligible for a Business Sign to be installed on a Specific Information Sign the maximum driving distance that a gas, food or lodging service facility can be located from the ramp terminal shall not exceed 3/4 (0.75) mile. A gas, food or lodging service facility that is not within the maximum driving distance shall not be eligible to participate. Ordinance No. 6, Series 2002 2 11-4D-3 Eligibility: Participation is limited to only those businesses that meet the minimum qualification requirements as stated in the "Rules and Regulations for Specific Information and Business Signs" adopted by the Colorado Department of Transportation and those businesses that are clearly visible to the exiting motorist from the top or bottom of the exit ramp, as determined by the Administrator, shall be eligible for participation in the Specific Information and Business Sign program. The top and bottom of the exit ramp shall be that area from the start of the exit deceleration lane to the ramp terminal. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2002 and a public hearing for second reading of this Ordinance set for the 2"d day of July, 2002, in the Council Ordinance No. 6, Series 2002 3 Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2"d day of July, 2002. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series 2002 4 ORDINANCE NO. 17 SERIES OF 2002 AN EMERGENCY ORDINANCE TO PROHIBIT THE POSSESSION, SALE OR USE OF FIREWORKS IN THE TOWN OF VAIL, SETTING PENALTIES FOR THE VIOLATION THEROF, DECLARING AN EMERGENCY, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town Council has determined that drought conditions within the Town of Vail and adjoining areas pose an extreme fire danger: and WHEREAS, The Town Council has further determined that prohibiting the possession, sale and use of fireworks within the Town of Vail is in the best interest of the citizens of Vail and the State of Colorado to preserve the safety, health and welfare of the community; and WHEREAS, Section 4.11 of the Town Charter authorizes the Town Council to enact emergency ordinances for the preservation of public property, health, welfare, peace, or safety. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. It shall be unlawful for any person within the Town of Vail to possess, sell, offer for sale, or to use or discharge any fireworks or pyrotechnic special effects material. Section 2. For purposes of this ordinance, "fireworks" shall mean any article, device, or substance, with the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration, or detonation which meets the description of fireworks as set forth in the United States Department of Transportation Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 173.88 and 173.100. In addition, "fireworks" shall include all items listed in C.R.S. Section 12-28-10(8), defined as "permissible fireworks." "Fireworks" shall not include toy caps which do not contain more than twenty-five hundredths of a grain of explosive compound per cap; or highway flares, railway fuses, ship distress signals, smoke candles, and other emergency signal devices when possessed or used for emergency signaling. Further, "fireworks" shall not Ordinance No. 17, Series of 2002 include devices used by any law enforcement or fire prevention agency in the performance of their duties. Section 3. Any person violating any provision of this ordinance may be punished by a fine, imprisonment, or both fine and imprisonment, as set forth in Section 1-4-1 of the Vail Town Code. Section 4. An emergency exists in that the use of fireworks within the Town limits would severely increase the risk of fire danger, and put the residents of the Town of Vail and surrounding communities at risk. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 8. This ordinance shall become effective immediately upon passage and shall terminate on October 31, 2002. Section 9. The Town Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10) days following passage. Ordinance No. 17. Series of 2002 INTRODUCED, READ, APPROVED AS AN EMERGENCY ORDINANCE this 18th day of June, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effect immediately. ORDERED PUBLISHED IN FULL this 18t" day of June, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series of 2002 ORDINANCE NO. 11 SERIES OF 2002 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, AND THE DISPATCH SERVICES FUND OF THE 2002 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2002 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 30, Series of 2001, adopting the 2002 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2002 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: General Fund Capital Projects Fund Real Estate Transfer Tax Fund Heavy Equipment Fund Dispatch Services Fund Total $ 81,813 2,385,490 1,882,676 650,000 4,245 $ 5,004,224 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of June, 2002, and a public hearing shall be held on this Ordinance on the 2nd day of July, 2002, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of June, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Proposed Supplemental Appropriations and Budget Adjustments #1 of 2002 Revenue Expenditure Amount Amount Description Increase Increase Reason Capital Prujects Fund Revenue Adjustments Sales Tax Revenue 500,000 Revise Estimate Transfer from HEF 650,000 To pay for Shop Improvements Sale of Assets 675,000 Sale of Old Town Shops Federal Grant Revenue (300,000) Change Amount to Actual Projects Rolled from 2001 Loading & Delivery Study Facility Capital Street Light Imp. Program Dobson Ice Arena Bus Shelter Replacement Parking Structure Maintenance Drainage Improvements Lionshead Improvements Way Finding Improvements Radio To~~~er Equipment Mountain Bell Housing West Meadow Dr. Vail Valley Dr. Project Budgets Amended 2002 Town Shops Village Streetscape Design Ruins Project Land Acquisition Donovan Park Pavilion Subtotal Capital Projects Fund 8,396 Ongoing Project 18,999 Replace Community Development Boiler 10,000 Street Lights at Lodge at Vail 15,000 Ongoing Project 20,000 Plexiglas Replacement 67,347 Additional Entry and Exit Equipment for LH Parking Structure 52,696 Lodge at Vail Drainage 150,000 Ongoing Project 160,000 Ongoing Project 74,052 Ongoing Project 20,000 Ongoing Project 79,000 Ongoing Project 85,000 Ongoing Project 775,000 Tiicrease Project to $1.5 million 200,000 Begin Design of Project Cost Shared with RETT Fund (2,100,000) Removed 2,600,000 In West Vail 150,000 To bring the Pavilion Budget to $2.8 million 1,525,000 2,385,490 Supp Aprop ] of 2002 1 6/13/02 10:13 AM Proposed Supplemental Appropa°iations and Budget Adjustments #1 of 2002 Revenue Expenditure Amount Amount Description Increase Increase Reason Real Estate Transfer Tax Projects Rolled from 2001 Black Gore Cr. Sand Mitigation 5,978 Ongoing Project Pedestrian Bridge Design 18,151 Ongoing Project Ford Park Plav Ground Safety Improvements 18,307 Ongoing Project Project Mgt. 14,412 Summer Intern Nature Center Bridge 35,995 Ongoing Project Recreation Path. Maintenance 77,144 Ongoing Project Pine Beetle Control 92,620 Ongoing Project Donovan Park Lower Bench 813,155 Ongoing Project Redsandstone Soccer Field 146,052 Ongoing Project Irrigation Control 75,951 Ongoing Project Trailhead Signs 99,911 Ongoing Project Project Budgets Amended 2002 White Water Park 50,000 To Cover Legal Fees Playground Safety Improvements 85,000 Various Project Sites Village Streetscape Design 300,000 Begin Design of Project Cost Shared with Capital Project Fund Sand Mitigation Project 50,000 Contribution to Pagle River Watershed Council Subtotal RETT Fund 0 1,882,676 Supp Aprop 1 of 2002 2 6113102 10:13 AM Proposed Supplemental Appropriations and Budget Adjustments #1 of 2002 Revenue Expenditure Amount Amount Description Increase Increase Reason General Fund 20,000 1.799 9.500 4,400 17,000 20,000 6,474 7,055 850 7,715 3,500 900 3,520 899 21,799 81,813 Newsracks Sold, & Charter Revenue Cable Television Technical Assessment Architect Fees for Temporary Gynastics Site Temporary Secretarial Support in Community Dev. Revise the Town Sign Code Common Area Assessment for Bright Horizons Space Plamling & Estimating Gyrmiasties Facility Requirements Purchase Newspaper Boxes Lobbyist Fee for Bus Grants Small Equipment for Fire Dept. Newsracks Resold Copy Machine for Finance and Court Pass Through of Tip for Bus Drivers Reimbursed Costs Misc. Revenue Professional Fees Professional Fees Salaries Professional Fees Assessment Professional Fees Miscellaneous Professional Fees Operating Supplies Equipment Purchases Equipment Purchases Employee Bonuses Subtotal General Fund Heavy Equipment Fund Transfer to the Capital Projects Fund Dispatch Services Fund Equipment Total All Funds 650,000 To fund the Town Shop Improvements 4,245 Complete purchase from 2001 1,546,799 5,004,224 Supp 9prop 1 of2002 3 6/13/02 10:13 AM J ORDINANCE NO. 13 SERIES OF 2002 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 7, SERIES OF 2002 (COMMISSION ON SPECIAL EVENTS), PROVIDING FOR CORRECTIONS AND AMENDMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, a typographical error occurred in Ordinance No. 7, Series of 2002. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance No. 7, Series of 2002, is hereby amended as follows: (Text that is to be deleted is s~Ic~, text that is to be added is underlined). Section 3. Members -Appointments -Terms The CSE shall consist of five (5) voting members appointed by the Town Council to be designated as follows: 1 Retail; 1 Restaurant; 1 Lodging; 1 (from any of 3 categories previously stated); 1 at large. All five voting members shall be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. No current event promoters, producers or board members of organizations requesting funding, or their en~pleyefs e_ployees, may serve as voting members. The initial terms of two members of the CSE shall be for one year, and the initial term of three members shall be for two years, to be appointed in 2002. Thereafter, the council shall annually appoint CSE members to two year terms every January. In addition to the five voting members of the CSE, up to ten (IO) honorary advisory member groups may be included by Council invitation. In order to act as an honorary advisory member of the CSE, each member group shall nominate one representative within that group to be ratified by Council. Honorary advisory member groups shall be approved by council and may include: Vail Resorts, Inc. (VRI) Vail Valley Foundation (VVF) Vail Valley Chamber and Tourism Bureau (VVCTB) Vail Chamber and Business Association (VCBA) Vail Recreation District (VRD) Town Council Town of Vail staff V LMDAC Ratified, honorary advisory members shall assist the CSE by providing information, coordination and consultation and shall not have the power to vote on issues that come Ordinance No. 13, Series of 2002 before the CSE. The number and terms of such advisory members shall be at the discretion of the Town Council. Advisory members of the CSE should be individuals who have a demonstrated expertise in special event production, establishment of criteria by which to gauge event success, or knowledge of and/or a strong interest in special events. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2002 and a public hearing shall Ordinance No. 13, Series of 2002 be held on this Ordinance on the day of 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this day of , 2002 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 13, Series of 2002 ORDINANCE NO. 12 SERIES OF 2002 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 7, CHAPTER 3, AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING, STORAGE AND/OR SALE OF ABANDONED VEHICLES; AMENDING SECTION 7-3A-3 TO ALLOW FOR CORRECTIONS TO STATUTORY REFERENCE; AND SETTING FORTH DETAIL IN REGARD THERETO. WHEREAS, Title 7, Chapter 3, of the Vail Town Code provides procedures for removal, storage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, the Town expends an inordinate amount of time and resources complying with procedures regarding removal, storage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, it is the desire of the Town Council to authorize the Town to contract for- removal, storage and disposal of abandoned vehicles within the Town of Vail in accordance with C.R.S. § 42-4-1814, as amended; and WHEREAS, Section 7-3A-3 of The Vail Town Code provides an erroneous citation to the Colorado Revised Statutes; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety and welfare to adopt these amendments to the Town Code. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: (Text that is to be deleted is ~+,-, text that is to be added is underlined . Section 1. Section 7-3A-3 of the Vail Town Code is amended as follows: 7-3A-3: IMPOUNDMENT AUTHORIZED: Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or upon any place within this Municipality in such a manner as to constitute a violation of any section of this Article, or left unattended for a period of twenty four (24) hours or more and presumed to be abandoned under the conditions prescribed by Colorado Revised Statutes section ~2i~z 42-4-1802, as amended, the officer shall require the vehicle to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this Municipality, and the charges Ordinance No. 12, Series of 2002 for towing and storage of such vehicle shall be charged to the owner of the vehicle in addition to a ten dollar ($10.00) impounding charge. Section 2. Section 14 is added to Title 7, Chapter 3, of the Vail Town Code to read as follows: 7-3A-14: RIGHT TO CONTRACT: Notwithstanding the procedures set out in Sections 7-3A-3 through 7-3A-8 of this Chapter 3, the Town, at its discretion, may forego said procedures and execute a contract or contracts for the removal, storage and/or disposal of abandoned motor vehicles in accordance with C.R.S. ~ 42-4-1814, as amended. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 12, Series of 2002 Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2002 and a public hearing shall be held on this Ordinance on the 18th day of June, 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this day of , 2002 ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor Ordinance No. 12, Series of 2002 MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: June 18, 2002 COMMISSION ON SPECIAL EVENTS (CSE) TERM APPOINTMENTS A five-minute item has been added to the evening meeting to ratify the term appointments for the CSE newly appointed members. This action was omitted at the June 4th meeting. The ordinance reads: "The initial terms of two members of the CSE shall be for one year, and the initial term of three members shall be for two years, to be appointed in 2002. Thereafter, the Council shall annually appoint CSE members to two year terms every January." COMMISSION ON SPECIAL EVENTS (CSE): ALLOCATING SPECIAL EVENT AND QUALIFYING CULTURAL EVENTS FUNDING. The newly passed Ordinances 7 and 13, which call out the specifics of the CSE, in Section 2 differentiates between Special Events and Qualifying Cultural Events. Please review the following lists so you may provide direction on these allocations. The ordinance then states," The Town Council shall establish by Resolution anon-exclusive list of Qualifying Cultural Events." In order to give the CSE notice of the general funding available, staff would like to bring this resolution back to Council on July 2nd. SPECIAL EVENT - A Special Event is a function whose primary purpose is to promote an exciting, lively, fun and/or prosperous business climate in one or more of the Town of Vail's business districts. $137,307 VCBA stated Special Events Allocation for Y2002 75,000 VCBA/VAIL TODAY street entertainment 308,000 Business License Fee - Y2002 to VLMD 308,500 WCTB Special Events, including: - Teva Whitewater Festival, May 24-26 - Big Wheel 'n Chili, June 21-23 - Vail America Days, July 4th - Oktoberfest in Vail, September 13-22 - President Ford's Treelighting - Event F~~ parch - CSE ={~acr~itation 160,000 WCTB/r;ecommended but need CSE approval for disbursement - 3 on 3 Soccer ($20,000) - WestFest-type event ($50,000) -Fenton - Vail Sports Fest ($30,000 -less allocated) - Seed Funding ($60,000) 95,000 VAIL TODAY/Public Works Street Enhancements 20,000 American Ski Classic (Parking in-kind, $2,300) 20,000 Hot Summer Nights (EITHER CATEGORY?) 20,000 StreetBeat (EITHER CATEGORY?) QUALIFYING CULTURAL EVENT: A Qualifying Cultural Event is a function whose primary purpose is cultural in nature rather than economic. These events are typically, but not necessarily, held in a performing arts venue such as Ford Amphitheater or Dobson Arena. The Town Council shall establish by Resolution a non-exclusive list of Qualifying Cultural Events. $ 22,500 Bravo! 7,000 Vail Jazz Festival 12,500 Vail International Dance Skating Club of Vail/8 days at Dobson VAIL WHITEWATER PARK IMPROVEMENTS As you know, there has been discussion about making improvements to the Whitewater Park since last spring in order to improve it s functionality. Potential improvements to the park include "pinching" the water at each structure to create better waves and to increase scouring in the pools, relocating several of the feature boulders in the pools, and excavating excess material from the pools. There has been discussion of making the lowest hole, between the two bridges, into a world class rodeo hole, while making less complicated improvements to the upper two structures, perhaps creating a beginner level wave, and an intermediate level wave. Several people have also brought up the possibility of rebuilding the bank on the Village Center side of the creek to be sturdier and more attractive. All of the possible improvements are tied to two things. The first and most important is how the proposed improvements will affect the 100 year flood plain. Town code indicates that grading in the flood plain cannot "negatively impact adjacent property." Determining this will require engineering studies based on the new FEMA floodplain maps and the survey of the existing park. The second issue is the timing of the replacement of the pedestrian bridge. Both projects should occur at the same time, most likely starting in early October of this year. Below is the estimation of costs associated with the improvements. Keep in mind that until the engineering study is completed it is difficult to know the potential extent of the project. Amore accurate estimation can be made at that time: Completion of engineering study $ 7,500 Project Management by Gary Lacy $ 4,000 Improvements to third hole $ 20,000 Improvements to remainder of park $ 35,000 Repair north stream bank $ 15,000 $ 81,500 Any work on the park will need to be approved by the Planning and Environmental Commission. Additionally, we would need to appropriate funds for these improvements. If we commence the engineering study immediately we may be able to complete this project this fall. Please advise on how you wish me to proceed. WILDLANDFIRE SUPPORT During the past few days, the Vail Police Department and Vail Fire Department have been providing support for the Coal Seam fire in Glenwood Springs. We have provided approximately 3 - 4 officers from each department for the past few days. It is my understanding that our assistance has been greatly appreciated. BEARS As you have been reading in the paper, we are dealing with a continually increasing bear problem. From April 1 to June 10, 2002, the Vail Police Department has received 134 calls, including two bears that had gotten into people's homes and one being killed on the interstate, causing a 5-car accident. This is opposed to 47 calls last year, causing a significant impact on the officers' time for other duties. Callers have also been concerned with garbage being left out by neighbors who have been unwilling to do anything about it. Obviously, this problem is not getting any better and it is time that we take some affirmative action to address this issue. Specifically, I think it is time for the Council to entertain consideration of tightening standards for garbage placement up to and including the requirement for the use of bear-proof containers within the town limits of the Town of Vail. If you agree, please let me know and I will schedule this item for discussion at an upcoming meeting. UPCOMING ITEMS: July 2, 2002, Work Session Site visit -Betty Ford Alpine Garden AIPP Interviews Strategic Planning: Keep a close eye on private and redevelopment projects. TOV Logo Discussion Discussion of Lionshead View Corridor #2 Ordinance Discussion of DRB Process July 2, 2002, Evening Meeting AIPP Appointments Community Survey Findings Parking Discussion Audit Presentation 1St Reading, Lionshead View Corridor #2 July 16, 2002, Work Session Strategic Planning: Continue development of relationships not only with VRI but w/other constituency groups. • Set up meeting(s) MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: June 18, 2002 COMMISSION ON SPECIAL EVENTS (CSE) TERM APPOINTMENTS A five-minute item has been added to the evening meeting to ratify the term appointments for the CSE newly appointed members. This action was omitted at the June 4th meeting. The ordinance reads: The initial terms of two members of the CSE shall be for one year, and the initial term of three members shalt be for two years, to be appointed in 2002. Thereafter, the Council shall annually appoint CSE members to two year terms every January." COMMISSION ON SPECIAL EVENTS (CSE)• ALLOCATING SPECIAL EVENT AND QUALIFYING CULTURAL EVENTS FUNDING. The newly passed Ordinances 7 and 13, which call out the specifics of the CSE, in Section 2 differentiates between Special Events and Qualifying Cultural Events. Please review the following lists so you may provide direction on these allocations. The ordinance then states, The Town Council shall establish by Resolution anon-exclusive list of Qualifying Cultural Events." In order to give the CSE notice of the general funding available, staff would like to bring this resolution back to Council on July 2nd. SPECIAL EVENT - A Special Event is a function whose primary purpose is to promote an exciting, lively, fun and/or prosperous business climate in one or more of the Town of Vail's business districts. $137,307 VCBA stated Special Events Allocation for Y2002 75,000 VCBA/VAIL TODAY street entertainment 308,000 Business License Fee - Y2002 to VLMD 308,500 WCTB Special Events, including: - Teva Whitewater Festival, May 24-26 - Big Wheel 'n Chili, June 21-23 - Vail America Days, July 4th - Oktoberfest in Vail, September 13-22 - President Ford's Treelighting - Event Fsearch - CSE Fac~~tation 160,000 WCTB/Recommended but need CSE approval for disbursement - 3 on 3 Soccer ($20,000) - WestFest-type event ($50,000) -Fenton - Vail Sports Fest ($30,000 -less allocated) - Seed Funding ($60,000) 95,000 VAIL TODAY/Public Works Street Enhancements 20,000 American Ski Classic (Parking in-kind, $2,300) 20,000 Hot Summer Nights (EITHER CATEGORY?) 20,000 StreetBeat (EITHER CATEGORY?) QUALIFYING CULTURAL EVENT: A Qualifying Cultural Event is a function whose primary purpose is cultural in nature rather than economic. These events are typically, but not necessarily, held in a performing arts venue such as Ford Amphitheater or Dobson Arena. The Town Council shall establish by Resolution a non-exclusive list of Qualifying. Cultural Events. $ 22,500 Bravo! 7,000 Vail Jazz Festival 12,500 Vail International Dance Skating Club of Vail/8 days at Dobson VAIL WHITEWATER PARK IMPROVEMENTS As you know, there has been discussion about making improvements to the Whitewater Park since last spring in order to improve it s functionality. Potential improvements to the park include "pinching" the water at each structure to create better waves and to increase scouring in the pools, relocating several of the feature boulders in the pools, and excavating excess material from the pools. There has been discussion of making the lowest hole, between the two bridges, into a world class rodeo hole, while making less complicated improvements to the upper two structures, perhaps creating a beginner level wave, and an intermediate level wave. Several people have also brought up the possibility of rebuilding the bank on the Village Center side of the creek to be sturdier and more attractive. All of the possible improvements are tied to two things. The first and most important is how the proposed improvements will affect the 100 year flood plain. Town code indicates that grading in the flood plain cannot "negatively impact adjacent property." Determining this will require engineering studies based on the new FEMA floodplain maps and the survey of the existing park. The second issue is the timing of the replacement of the pedestrian bridge. Both projects should occur at the same time, most likely starting in early October of this year. Below is the estimation of costs associated with the improvements. Keep in mind that until the engineering study is completed it is difficult to know the potential extent of the project. Amore accurate estimation can be made at that time: Completion of engineering study $ 7,500 Project Management by Gary Lacy $ 4,000 Improvements to third hole. $ 20,000 Improvements to remainder of park $ 35,000 Repair north stream bank $ 15,000 $ 81,500 Any work on the park will need to be approved by the Planning and Environmental Commission. Additionally, we would need to appropriate funds for these improvements. If we commence the engineering study immediately we may be able to complete this project this fall. Please advise on how you wish me to proceed. WILDLANDFIRE SUPPORT During the past few days, the Vail Police Department and Vail Fire Department have been providing support for the Coal Seam fire in Glenwood Springs. We have provided approximately 3 - 4 officers from each department for the past few days. It is my understanding that our assistance has been greatly appreciated. BEARS As you have been reading in the paper, we are dealing with a continually increasing bear problem. From April 1 to June 10, 2002, the Vail Police Department has received 134 calls, including two bears that had gotten into people's homes and one being killed on the interstate, causing a 5-car accident. This is opposed to 47 calls last year, causing a significant impact on the officers' time for other duties. Callers have also been concerned with garbage being left out by neighbors who have been unwilling to do anything about it. Obviously, this problem is not getting any better and it is time that we take some affirmative action to address this issue. Specifically, I think it is time for the Council to entertain consideration of tightening standards for garbage placement up to and including the requirement for the use of bear-proof containers within the town limits of the Town of Vail. If you agree, please let me know and I will schedule this item for discussion at an upcoming meeting. UPCOMING ITEMS: July 2, 2002, Work Session Site visit -Betty Ford Alpine Garden AIPP Interviews Strategic Planning: Keep a close eye on private and redevelopment projects. TOV Logo Discussion Discussion of Lionshead View Corridor #2 Ordinance Discussion of DRB Process July 2, 2002, Evening Meeting AIPP Appointments Community Survey Findings Parking Discussion Audit Presentation 1St Reading, Lionshead View Corridor #2 July 16, 2002, Work Session Strategic Planning: Continue development of relationships not only with VRI but w/other constituency groups. • Set up meeting(s) Memorandum To: Vail Town Council From: Matt Mire, Town Attorney Date: June 17, 2002 Re: Guidelines on Bans on Open Fires and Fireworks Bans Ordered What did Governor Owens ban by executive order in connection with the declaration of statewide disaster emergency due to wildfires? Statewide ban on "open burning", defined as any outdoor fire, including but not limited to campfires, warming fires, charcoal grill fires, and the use of any fireworks. "Open burning" does not include: Gas or charcoal grills located at private residences Fireplaces within buildings Professional commercial fireworks displays Prescribed burning of ditches for irrigated pastures and croplands Additional exemptions as the governor may declare Statewide ban on the sale and use of fireworks Open Burn Ban What is the penalty if someone violates the open burn ban on public property? A violation of the ban on public property constitutes a class 3 misdemeanor, punishable by up to six months in jail and/or maximum fine of $750. (§ 18-9-117, C.R.S 2001). A separate statute alternately provides that violation of a fire ban on state lands under the control of the Colorado Division of Wildlife is punishable by a fine of $100 (§ 33-15- 106, C.R.S. 2001). What is the penalty if someone violates the open burn ban on private property? There is no similar automatic state criminal sanction. However, it is possible that a person could be charged with reckless endangerment, which is a class 3 misdemeanor punishable by up to six months in jail and/or maximum fine of $750 (§ 18-3-208, C.R.S. 2001). Reckless endangerment occurs when a person recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person. The injury need not occur, just that the conduct creates the risk of injury. The risk could be to a private citizen or to an emergency responder, including fire personnel. In light of the fact that there is a statewide ban and persons know or should know about the ban, and given the tinderbox conditions, an argument can be made that reckless endangerment exists when a person sets or causes a fire on private property in violation of the ban. Can counties impose their own ban on open fires? A county has authority to ban open fires to a degree and in a manner that the board of county commissioners deems necessary to reduce the danger of wildfires within the unincorporated areas of the county (§ 30-15-401(1), C.R.S. 2001). Can municipalities impose their own ban on open fires? A municipality has specific authority to ban bonfires within its boundaries and to ban other open fires under its general police/public nuisance authority (§ 31-15- 701, § 31-15-401, C.R.S. 2001). Sale of Fireworks What is the penalty for violation of the ban on sale of fireworks? In order to commercially sell fireworks in Colorado, one must be licensed by the state (§ 12-28-110, C.R.S. 2001). Sue Mencer, Executive Director of the Department of Public Safety, is advising all retail licensed f reworks dealers that pursuant to the governor's ban, those licenses are temporarily suspended and therefore they cannot sell fireworks. Unlawfully commercially selling fireworks is a class three misdemeanor pu nishable by up to six months in jail and/or maximum fine of $750 (§ 12-28-110, C.R.S. 2001). 2 Offenders can also have their fireworks seized at their expense (§ 12-28-109, C.R.S. 2001). What if there is no commercial sale, but rather just a private transf er or sale between friends or family? Colorado law does not appear to specifically address this scenario, nor does the governor's ban. However, again, in light of the public warnings and fire danger situation, it is theoretically possible that in such a situation, a charge of reckless endangerment could apply. Use of Fireworks What is the penalty for violation of the ban on use of fireworks? It is already against Colorado law to unlawfully possess or discharge most fireworks (§ 12-28-102, C.R.S 2001). This includes most anything that explodes or leaves the ground (public or professional displays excepted), (§ 18-28-101, C.R.S. 2001). Permissible fireworks under this statute include sparklers, stationery cones and torches, ground spinners, sparklers, "snakes"). The governor's ban in effect temporarily prohibits the use of all fireworks, including those that up until the ban were permissible under Colorado law. The governor's ban, however, does not apply to possession of what would be ordinarily permissible fireworks. Violation of the ban on use of fireworks is a class 3 misdemeanor (§12-28-110, C.R.S 2001). The penalty under the ban on use of all fireworks, including for the time being previously permissible fireworks, is therefore the same as that which already exists for use of previously illegal fireworks-- up to six months in jail and/or maximum fine of $750. Can municipalities impose their own ban on the sale or use of otherwise permissible fireworks? Municipalities may regulate and prohibit the sale, use, and possession of fireworks, including permissible fireworks, within their boundaries (§ 12-28-107, and § 31-15-701, C.R.S. 2001). Can counties impose their own ban on sales or use of otherwise permissible fireworks? A county or fire protection district cannot prohibit the sale of permissible fireworks within its jurisdiction, but a county has the authority to ban the use of fireworks (§ 30-15- 401(n.5), § 30-15-401.5(10), C.R.S. 2001). However, because the governor's ban is effectively a state law banning sales, this prohibition against counties imposing their own bans on the sale of permissible fireworks does not come into play. The statewide ban applies. Penalties for the Setting of Fires or Reckless Conduct Resulting in Fires Criminal Liability 1. Fourth degree arson, § 18-4-105, C.R.S. (2001). A person who knowingly, or recklessly starts or maintains a fire and by doing so places others in danger or any building or occupied structure in danger commits: a class 4 felony if a person is endangered, punishable by 2-6 years imprisonment a class 2 misdemeanor if only property is endangered and the value of the property is $100 or more, punishable by 3-12 months imprisonment and/or $250- 1000 fine 2. Firing woods or prairie, § 18-13-109, C.R.S. (2001). Any person who, knowingly and without lawful authority, or with criminal negligence sets on fire any woods, prairie, or grounds of any description, other than the person's own property, or permits a fire to pass from the person's own grounds to the injury of any other commits a class 2 misdemeanor, punishable by 3-12 months imprisonment and/or $250-1000 fine. 3. Unlawful conduct on public property, § 18-9-117, C.R.S. (2001). Any person who enters or remains on public property or conducts himself in or on the same in violation of any order, rule or regulation concerning the use of the public property, including camping, picnicking and control and limitation of fires and designation of places where fires are permitted, commits a class 3 misdemeanor, punishable by a possible 6 months imprisonment and/or $50-750 fine. 4. Fires on Division of Wildlife land, § 33-15-106, C.R.S. (2001.). It is unlawful for any person on state lands under the control of the Division of Wildlife to: leave a fire unattended or fail to thoroughly extinguish a fire before leaving it, punishable by a fine of $50. start, build, tend, or maintain a fire in violation of fire ban or restriction during periods of extreme fire hazard, punishable by a fine of $100 dollars. 4 start, build, tend or maintain a fire in a careless or reckless manner that indicates either a lack of due regard for the fire hazard present or a wanton and willful disregard for the safety of persons and property is guilty of a misdemeanor, punishable by a fine of $1,000 dollars. 5. Colorado state forests, § 36-7-201, C.R.S. (2001). Any person or corporation who by negligence is responsible for any fires on state forest lands shall be punished by a fine up to $300, or by imprisonment in the county jail of not more than three months, or both. 6. Extinguishing campfires, § 30-15-201, C.R.S. (2001). Any person who leaves a campfire unattended or fails to thoroughly extinguish a fire before leaving it commits a class 2 petty offense, punishable by a fine of $50. D 015 02 EXECUTIVE ORDER Declaring a Statewide Ban on Open Burning and the S ale and Use of Fireworks Pursuant to the authority vested in the Office of the Governor of the State of Colorado, and in particular Article N, Section 5 of the Colorado Constitution and Sections 23-30-308, 24-20-20-108, and 24-32-2100 et seq. of the Colorado Revised Statutes, I, Bill Owens, Governor of the State of Colorado. Backcround and Need. On June 4th, 2002, I issued Executive Order D 012 02 banning open burning on state lands. Since that time, approximately 200,000 acres have burned in the State of Colorado. Today, I issued Executive Order D 014 02, declaring a statewide disaster emergency due to the occurrence of and imminent threat of wildfires. Additional measures are warranted to respond to this extreme risk and occurrence of wildfires caused by human activities. After thorough investigation and evaluation of the fire risk, I conclude thatI must take action to minimize the serious danger to public health presented by open burning and the use of fireworks. In response, this Executive Order bans open burning throughout the State of Colorado and bans the sale and use of all fireworks. 2. Mission and Scope. I hereby order the fol.iowing: A. A statewide ban on open burning. i) For purposes of this order, "open burning" is defined as any outdoor fire, including but not limited to campfires, warming fires, charcoal grill fires, and the use of any fireworks. ii) For purposes of this order, "open burning" does not include: a) gas or charcoal grills located at private residences; b) fireplaces within buildings; c) professional commercial fireworks displays; d) prescribed burning ditches for irrigate pastures and croplands. B. A statewide ban on the sale and use of fireworks. 3. Duration. This Executive Order shall remain in force until modified or terminated by further executive order of the Governor. GIVEN under my hand and the Executive Seal of the State of Colorado, this lOcn Day of June, 2002. Bill Owens Governor Vail Marketing Budget Per Steve Thompson 6/17/02 Year Lodging Tax Business License Total Expenses Variance Car Over 2000 $ .333 mil + $ .333 Actual 2001 $1.537 mil $ 60,000 $1.600 mil $1.860 mil + $ 73,000 Bud et 2002 $1.175 mil $300,000 $1.475 mil $1.521 mil + $ 27,000 Pro'ection 6/17/02* 2002 $1.400 mil $300,000 $1.700 mil $1.521 mil ~ $252,000 Pro'ection 6!17/02 2003 $1.550 mil <$300,000> <$1.850 mil> * TOV Anticipated 2002 $1-.175 mil from Tax .3 mil from Business License $1.475 mil *Revise results for 2002 $1.400 mil from Tax .300 mil from Business License $1.700 mil *Collections off so far only 1 % instead of 24% TOV anticipated Personal Finance ^ TraiTel ~ I=lealth ~ I~'amily Cars ^ Gadgets r~ Leisure ~ l~rts T~~ ~~,~~ S~R~~T ~OFRI~~.L. ~~.~~__~ ~~~.~~.~. ~aserued. R,en~ ,vlearltime in Atlanta, trave? agents say. their j pros: Some hu?eis o~erng clients are increasingly inquiring a~iit ir.~-profile ratesthafcan go as !on~ as g ~ ~~t~cation spats etoser to hart)e sucitas ~:n'annah, i $10;_c~s~r~as ' Ga., cr l~}zr ' beach >.C. 'I'`, ~t ,~~ ~ s, t;~t~_ COIiS'1Y5A0tL`^S`Jegds ~ ;~~ ~ __ T;~r,~ d z;iH ~l 5:3~?~F -,r •r„ +, ~ n 1:;IiLISt~`+ UiY t ~ {.4aSt 01 I`l~as Frice:519ar~g~~taf~tiant~s ~~~a~~°; 'north ° ~~.rolziia, sire rTC,tter Ca~'sno Resit ~ ~ ~ ;. ~ a .,~ ~ ~ it n~ ~r to feud trdn us,aa~ too + i a__ ~~lOIE'I1lK '".~ ~ 5f* ~~,~./ ~ ~ irk-;.~.,~ "~tlry }il;:e 2t~5 goin~T F ~~ ±~ , zR, ~^ ~,~ altzrn_xt~~c~ tx, fi~~2 t0 ~e Sri iaiLt"+iTi3~ ~txxn t'e P'fOS:G{~€td a ~ ~ f ~ ~ ,,~~ ` iu~t2 ~un_xxe~r ,er," 4d}S ~err~ ~ri~s})~e ~aAy~tf; r r ~~ ~ ~>~ « `" ~~.~ ~ ~ ~~~.litp~iti, cr. Why rdts5 *~le f132Vr'3tC)1 I r_~ yatior~i r~ar~. ~ ~ ~: ~~ ~ ~ I ~iig ~',<e~ st~e tetrttr,i3~ et .'~ aboUi`vNfS ~. '" ~ ~ ~^_ „~. 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Pitl$ ~ ah The ClOsl~ r Q~ edP ~>?' i m i ~[TT'fl?lafWl~'6 G~~~:d iC$ ~ Y~' r ~ ! f r., .till ; " ~ to c t~les# Cnci5L saes ~ ~ ~ ~ ~~ ,; t - ~ ~ .. _, Tng s r ,S i I+Jt T CS}tei R 1 iCi prTCC S be z- no€els rt 5 ~, f for A c ~s z a `- .- ~. aig ~E,Z v'~ iS `+0 ~ ~ ~ ~~j ~` ~x ~ F~7T. ~ ~;~ SI .: C ~~.dtS ~o '' ~~ I + >i C `,r ,~ ~ z~ 1 L i ~ ~ e. _ -~ ~° t~ ~, ;:~~' ~ ~~ ~'~ spi, t€~~ ~? ~ ,r tta~e r ~" , '" ,. ,. 4 ( P~.BF(ci t: Fe ~ .~"~ ~ 2 >a a ~~i~ w, ~q7a ~ iSiTt l...t-~ i - yt~ll ~itx 3 t ~ ~~_( .I 1 l ('+ _pa S.rCt, tJ~tE L'.T"~~a{-:, ~~~} °~r }"` P~ jg: ~ ~ for al~V i' t°€~ ~Ti l~~e~ l~~ ii ~ i +~~ ~'~"~3~'~~3~~5^~`,y~,+~ ;~ ,. i i~ tc~Y~"'riac}~z ~ 11 1t.~~nSdr~"~ 1 r ~~ t ~~~'.`as~~~;'`~"ti~`il'~ ~ _.,,'.~.~r~ , ~ t1S~`~lc.i.)'t ~l .e:~.( ~, l ~ :i ITT (. i,u~3 ~wte ..... `rat;' ~ c.~ .: ..,~ ,~ v. .. til?T ('- j 'IAi ti't j t it ~ t i£' DoT LlyyHi~slrtboa~'o~.7 } > >~ ;! t' 1, ,cif l;aett~> '~ :;eCC hang for your 1. ~ ~ rn a sx)ns ~}i ~t ~` Cf~ ~, ~ der' of IIestFdr~s cnm :~ 1 t~ek~ site ~ ~tl 1 S .tomisoffe iIIgt$iiC',eda~ x,.,?I. ~'E~StariiIlgaiS3 i IO t.ha. i. =~!~n,, b.L., 3 h1~tGI':C Clty Y33at ,y s~."s31~ed ~ `~ g _ , . - - ~+.~~~.5.~~~, ~~ ~ ~~ ~~~~~ ( ; 'tli 1}t lYl?i~f~' TeStGrE't[ 1't`me^^.5, 8nilyle :~jT (~. y 1 ~ ann .> vti i'eSc~i~T`aii~a tililt to 221dntIC" Y",( 3 i ~~~t~rncxt~~~e ~~'c~ca~ia~2 ~~ o~~ ,: ~ l ;~ t ,11~,~r). ~~,rnter h.~me o €he fiTs# t, ! ~ 'l:'~e Fresh mountain a nr t r~' ~~r ~+ed mn- 1 ~~TG .~L~! ~l`fX~tf?~ ~ ~l.lS +~2~~t~1~~ ~ ~) . ~,! Y ,~.~,°e !^,ng made A: ,.~ n, ::,:a., a fay~or- ~`~~~~ yLt2.t2~~b~fl ~rE'~L~~ ~~~lCl-t7t~ ite aut ~ cr ~ rinatzon but ~ ~ Colorado s~i ' ~ ~ x , r t ~etIiig the ~~ ~ ~ ~~elers rn~re - agar , ~ .~~ r~aryJo CamdrE n ~r :vel agrent in ~y ~LG3RThE5: s'TiaiAGEit I3en4e , saa s many of her C ~ t i Tients are # - - actually deciding tospead flit .~ ~ ,_)aer f~oli3ay"s I HE~4~.AK~Ct3NO'42Yands'enewedu~orriec at heal re7oi•ts such as mail ^r1 1?.~~:~e~ 'reek, ~hout,< wrist ~tsacks ate slur zi b trtzvel- Gsie thing's frir sure Tl2?rr n' b c o fc ,s~ ~ n t r r the ~ ft sines-tlie slopes dry C ~~ i t 't erg to ~ ~ ~ lose to hc>l'rc~' ~ht:.,uT~r Tie... ~Ut in fhBlr dgerne55 t0 ~UC~id the Croivd~ alid t~?~' off-5eaSOn, °traveler~ III e ~ ~ .' ~ t3t1~~' 0.2 ail'f7: e and tMa~Ffels," ~ , ~ , ~l + '1 S tG~. 1T1 tT]e t c~~fpense of l;id { ; like ~ili3iT'ii anal liaxaii niary ~ are F?icosing iiTtlikely ~rtern~tT~e saeatinn ~~ts- ~l)sence of s~urrtg pl ~ ~ ~ k~ ~ t ~i rket their 5 ~; ~t 2 t S r ~x ~ + mr;Prfain~ a ~E',r"ilhli ~i dIl:j h ~-F; y}r~i'i.EX~3P' gyres 224 vr4~ ~ ,al i c,_urn €i, cL.neth ~~ ~~i~h T litt ~ n o e ;' ir~~ke xcr l_~ar~tle, ~f~i r,:aota: a,a. m is s~ .ng t' r ~~.~~ i ~ .rtiz-air p~ek- deSG?'t5 IT.T :iJrth~c?T: It,.xt'of fSAP, :+~dte u.trt,dayirf~ ~ge~ it7 C~lc _ ~) res ra ~ ~ ~ 1 - s z tr ..., a 3 ~bB~S~ :: ?i.T t2 ' d ~ ~ . '~ 1 uQ.);;€,ix w~u~rl{Tli~,,.u3t 2. foie 3Lt?Time:', tr~.~ A a~'€i:iic sad'. l~ iel roans in South "~ariisota (ihink i~ourt _-- _ __ _,_.._.~~..._..~ .`siTf+l x7C"f'.1 ~ e tiliitdt, rid last. ~.____- THE WALL S`Th p~3 PE~SO~T~~ R,~~~o, tie ~e~~ degas; `~u~~rer Trips ~`a~e a I)e~o~xr C'Q~K~ue(L ~~~~~~ I~71~.~ Ll - ~# -., ?4.k ..aF+ ~. a yy.Y ~ •.~4 Y Other off-season destinaiians are try- ,:~ ~ t r ~ •. , ~~ ~ ~. Instead oI'H~ivaii ...; ing the same trze}..:`l,iPrica G'Vest Iiaea- ~~`~-i " `,+~` ~ ':` ~ ~ '~ , bons is scIl ng curn'2~er air aid-hotel '~ r ~„ l~ " • ~~~ Je~ nxaica ; package- to -Las degas starting at 5~4: ~ ~ ~~` ~~<. '~~ .~ ~vr, ~ •~ ~• Pros: Shortfighr mashes ~~ 14'Io~2« S Vl&I'tii tVelcotne ~~~~ e r ~ ~_ _ Con r~1o tio~cartaes The ca~nh t'4'hae tc a~ is a,wa?•s full . ,~ ~ Prlc¢• "~~arefrvm Miami ~, of flash} czzsmos and +1a~r show;, the - ~ ~.;,~ Mo~~`e~a Say $294 datvnszde is that. it's inc~-ted in the A4o- ~ _ ~ ~~~' jive Dssert, sa it tends to het exirezne y '~,. '' :.~ ~~ - hat in the summer. ?t7eanu°hile, some h~~ ~ ' ~ ~ - - '` teas in much ccaler F~cno ev. a stone's . e ~ ~ ~;,;- *~ throw from ~~ke Tahoe ;nd Y~~semitr~, ~ ,.• ~.,~ f ~~~' ` are charginn as little as Sig a night. ~~ ~ ~~ ~~ East C3ast and DF du Est ,~acatiar.E~rs Instead cif Rle~ico .. , h~stcad c~4' 1liAmi or Orlaizcla ... can find eutet spats atzd barazns in ('a- nadian cities. For one thing; ~`~mericai~s ~~ail~ Cn1. 'Iamg~€r, ~ Ia. 5ii11 hate a big uai'rB±t ~ adv<;ntage, TIiP Pros: !t'e notius.f„ !<;ino-hut s?~s'zl taw= . ~s Pros: Beaches, cheap f ett, because mere 1 ~,~. dollar rFr`1di~;5 StrGitg a,~alnSt t~Y2 dOFl th~nkrf t .,~J i l~ ~ _, p p G Pj i[ tC 0_aed~ d~~ h0;!r5 (1t rf i':%(it Carad~~Z _!a_.d?. ~`?~1'h t?ndS to tt:ahe $eanP,~! 8C1 ~ ~,~:: ~, ~f ,z_ns ~ ., l,r 1ti; I! [~~5nev ~Jo!id prices iYie=e c'~c`'p ley t S :~daz'ds.Or- ~Mtewate~ ~a~t,~t `~~ ~r tewa:Fr Pa k tsettY Con T ~a~ seine your io~g ~rve to va ~ D~s~ey ltita.cort, the a~*• i~!iE r ~r r~ ~_r.rn site, ~ord~.' i7e ~arde~s. Pf,~s. ;7.e ~,~ hes. ~biic lists ~ `cia°-da ~<< <t~z, n r~: ~~ ~ ~ p g ~ ~~~•d 1 1 rz a „t ~~ Tar- ~ bo~a~iea(garae~ ,n the P'Ofld. Prue, xe9.95 a n. I t etGm rte; ontastarting st S~o9, includz~ig raundtrip ~ g~, ers_,,.__ d„sch t-, Con. N,;skiirgB,~~an~the„, me' Gardens airfare and a r6.f~a: cor- Price ~bo7," ea riahis a4 ire Lodge atVai~ and N4 utrPSSeC! F'a.fT1111e5 *oundtr.pai;farei~am~.,, r,~~,ectsso Sa ah F~orrt~ ~~ of ~f T r~t~rs ~tt~„ de- Bided to shit t';. ~z uw: F1 trr'riCh iac~tion I~ste<~d ~f ~~~ctt~e ... this ~•ea~: Instead, .neat ~f e~k; she and a ~ Pc~x•tland, C}re~. - friend gilt ga white-;4,1ier r~iftin~ in the Pr~s:SeenficCoape~Mount3in White Salmon River m Pcrttartd, Qre. end White`Salmar, Rl:~er,iess They Picked Portland Doer cities in Plor` traiatu~o ,otRSframRdeka~~av ida far i`s pzis:ine iraun'~ains and the B~aeh reasonab:e price they found of $540. `There wvn't be stressed-aizt families can: ^lotoearrr~ ,,~a tryitg to have a vacation," says ",1s. Price 4 ,g q~ ~, h ; G, _~~ Harnng,~a teaeher. the plans to ake at S , r 5 rtes least ore wizidsnrfing lesson during: the s, .,~ s - ,;;,: aates.c~ ,, four-da;~ getau=aft. ~;,,,..~.~o~n' _ 7~~s~'~ , '. ^6 a~+ .1i-1.`11-.x_ ~FFD~~"~ ~'tE~sday, June .18, 2002 YLTSIl~TESS YilYlfilV.l~Ct1'I/el'p~.4S.. l '~~ourism off~ciais advised .to ~ • ~~. staff cool over v~~ld~ires ~t,,lgson Blevlos Ognwr Post 6aslness VPiRer xiroreao was one of three stales qsa the couirtry to see a juar~p in yism last year. bu! loucism lee are frettie~g that the 6atri- ~d raomeMum may fizale dares! cbserea and wtldtiras. ~@, f91ks in Flagstefi, Arls., e=SOme'adviCe: DDtt't WOrry, It ~`a: bad as Il semis. h~ ~, Fla~taff was sur- tded b711srrrea. 7~e iaraest Ike -summer crept to wltbin fire ~ of towq and the Coco ~~ from Page 1 C ~esirles Colorado, aaly Oregon I,Dtsh sowed Incressea 6r lei- kaweI last y-.au. . ~'7 '+E~." said ,Qralorado~rn'~ ~rm~an~of ~~r~led advertising and swell q tevaauped we site, colora- ~h~io IeiareP ~~,Colarado's l~lowstnne National Park, eb acconifng to the National k SePrice lost nearly ti00.1100 IYatfasa] Forest around town was closed. Yet tourism fidals asi buainr~s people, who nee revenue clirttied almost S percent from tie an average of Z anillioo to 3 million vlsltats every slimmer previoes year. ~ "People Rtgl came to FlagstaR; . "This' wed gaaround, we're ~ proiabI l t l they Jest stayed in town," said Dave Mau y a E t e betlrs edecaled sad we've done more to pot's posi- rer, presldeal.of the I?lajstaif ClMamber ~of t~oamaerce. " five Apia on ti~iaas;' I4laurer said. `~ tourism ssenbera seem t b They wept to the theater they west' shopping f~tead of gag ep . o e :holding quite afeady." ~ C ' ' ~~» o1m ado s tourism offidais spent ' The Forest Service ehssed two- thirds of Cocooi~ loreat l d moat of last week battiing the per caption lint the enElre state Ives lit an again i>t Iate Ma.rci, trJggerlna flames, i~iewatooars across he ~~ 'were oo e ' barely A 00{[ $Olil local tourlarn of- w e a ~ im . ~S ~ arena _W .~-- ti L 7_ 1~ N „~\4 CO al~~h (U m m • N ~. 1,,_ • ' N ----- 3 ~TrII? D~IVF.tt PosT t Section C ~e ~taboat Vail Ducar o~and ~ rapsas yer all , -- ~. ~~-~--- an a o ._.__ _T"'i Ies far ~uruer p ~o. ~• But Colorado bas proaed its taet= lle as a leading •aaption cltalce. Ia ZDtft, wiea business travel dropped ~~Y ~ Ietea~re travel ~ratmd to a belt foIlowinE the geptr 11 at-. lacy, the state $tW managed. a 4 percent jump'.in overni8it pleasere trips,, according to a survey iy rongwoods htanatioaal. Pfeasesee TOURfSMon i4C tourism officials adv~s~d~ tai stn _ ~coo~ over wild~i ~ ~~ ~~ ~` acres >A wildilres ie 19t9, also e~ provide hints to the impaet of wild- Ifre on torrLetrt buslrreas. That l'am', Yeilowstone'a vib:latton piam- meted by ahrtost islf a million. Tie ne=t pear, fire unm6era re- 6oenderi dtia Yellowstone's tlti9 snnomer was its busiest ever, +vith 8.1. mtliioh.rhita. .. "Meeuoties 'sre short," said .T,rn McCsleb, 8l managiet of Yel- Ians!st»ne National PaNt Lod~rs op- eratioas. "As soon as tie eovera~E dies, so will the memory that there were tires b the state and tarn3sru Hill rebnnd, If Hie folks iri t7dora- do .creed nay lrlid oI bpe, that's it: menlOries ace short " . D N r 3 0 z z -~ 0 z Crl D r- z 0 N m v ro ;, .. ,.. . ~,~ ... . .: ,. `; ; :;; ,, , ...,~.;. ~ ~. ~,., . ..ar„, i ~,~ ~.., ,, , ~V~c~ : Toad . ,:r..~. _ :: , ~' ~ ~~'.. ., ~~~'o:~~ . ua~~ ~,a ,, , ., . ,;~ .: , : ,,,;date ~;r ~ ~t, .,.. ..~:. ,,.. , . ,.., , • ~ ;' ~ ~ e~ai~lc aG ~~arll ~~"'en#ca-g~; ~fArea ~ ` . ~.,~)~~ - • • Coloradans Want World to Know State Isn't Afire By THE NEW YORK TIMES DENVER, June 15-All of Colorado is not burning, no matterwhatthe governor says. People here wantthe world to know that. Afterdays of startling television images of bright orange flames and mushrooming clouds of smoke from eight huge wildfires across the state, erroneous news reports of mass evacuations from the Denver suburbs and what some people consider incendiary comments by the governor lastweekend, officials here are struggling to get another message out: Colorado is still open for business. "Tourism is manythings, andwecannotallowtheperception tocontinuethatthe whole state is on fire," MayorWellington E. Webb of Denversaid on Thursday. "It is nottrue, and our state's economy cannot bearthis misinformation to be spread throughoutthe nation and the world." Mayor Webb's spokesman was among Denver residents surprised to be fielding calls from concerned relatives and friends this week. "I heard from my brother in Paris and relatives in Wisconsin, West Virginia and Kansas," the mayor's spokesman, Andrew Hudson, said. "Theywere asking, 'Have you been evacuated?' and, ~ Where are you going to goy. „ Mistaken news reports that the fire "was bearing down on Denver" and that 40,000 people were being evacuated from its suburbs were one cause of the concern. Butwith the nearestfire more than 30 milesfrom downtown Denver, the alarm seemed like a joke to residents here. Afterflying over some fires on Sunday, Gov. Bill Owens told reporters, "It looks as if all of Colorado is burning today." He also described the thicksmoke and ash that blew over Denveras looking like a "nuclearwinter." Governor Owens latertook it back. "I was speaking figuratively," he said on Friday. "I wentto Glenwood Springs, and whilefireswere still raging in the mountains behind them, I wanted to tell the residents of Glenwood that all of Colorado iswith them and they are not alone; in factwe're all in this together." He was trying, he said, to get out the message about bans on open fires and fireworks and to urge caution. "We're trying to tell the truth and preventwhat is a serious situation from becoming catastrophic." Governor Owens, a Republican, scoffed atthe notion that anyone took his comment literally and said hewas trying to "unite and not divide" Coloradans. "I n terms of all of Colorado is burning, there are two ways to take it, and does anybody expect I meant it literally?" he asked. "I think it's an election year and some Democrats are taking mywords and blaming mywords for a cutback in tourism." Buteven peoplewho relyon tourism, which brings $7 billion a yearto the state, said they understood the governor's comments. "He did hurt us,"said Bob Hamel, managerofArkansas RiverTours. "He's not one of our bestfriends. Butfrom the governor's standpoint, he's trying to generate FEMAfunds, and we need al! the moneywe can get." FEMA is the Federal Emergency Management Agency, which has given Colorado $20 million to help pay forfirefighting. Colorado tourism officials had no figures on cancellations orfinancial losses resulting from thefires. Butthey pointed outthat of the state's more than 66 million acres, fewerthan 200,000 had burned this week. By today, the largest Colorado fire, which firefighters are calling the Hayman fire, had scorched 103,000 acres and was 30 percent contained. Firefighters were encouraged bythe progress butworried aboutflare-ups caused byfoul weather. Thunderstorms were expected today, and while they bring rain, they can also whip up winds thatforce crews to abandon theirwork. The fire was started by an illegal campfire, and a $5,000 reward is being offered forthe campers. Twenty-two buildings have burned since the fire began last Sunday. Coolerweather and calmerwinds began helping firefighters on Thursday, and some residents were allowed to visit their homes on Friday afternoon. At a meeting with some displaced residents this week, one official said the fire mighttake three monthsto extinguish, butthatestimatewas being discounted on Friday. "It's not appropriate to speculate,"said Rick Cables, a regional forester for Forest Service. "To put the fire completely outwe have to contain it, put out the hot spots; and on a fire that large, it depends on the weather." The fire near Glenwood Springs, about 150 miles westof Denver, had burned 11,800 acres and was 30 percent contained by Friday, officials said. Twenty-four houses and 14 outbuildings burned aftera century-old underground coal fireflared up on June 8 and ignited the wildfire, which is being called the coal seam fire. The Missionary Ridge fire near Durango in southwestern Colorado has burned 18,000 acres. "I would say it's nottime to relax, as there is extreme fire danger," Mr. Cables said. "On the other hand, Colorado is a big state with a lot of places people can come and visit. Wewantto have a balance of caution but notscare people." ! ~~~' ~3 v~ ~, t ~ m Tourism officials advised to stay cool-over wildfires ~y Cason Sl~vins Denve[ Post Business Writer Colorado was one of three states across the country to see a jump in Tourism last year, but tourism ' leaders are fretting that the hard- earnad momentum may fizzle from forest closures and wildfires. -The ..folks in Flagstaff, Ariz., .have some advice: Don't worry, it iS not as bad as it seems. In June 2000, Flagstaff was sur- raunded by flames. The largest fire ' that summer crept to within five m_Ies of town, and the Coconino National Forest around town was closed. Yet tourism revenue climbed almost 5 percent from the previous year.. "People .still came to Flagstaff; they just stayed in .town," said Dave Maurer, president of the Flagstaff Chamber of Commerce. "They went to the theater,. they went shopping instead of going up hiking:" The Forest Service closed two- thirds of Coconino forest-land again in late March, triggering barely a nod from local tourism of- ficials and business people, who see an average of 2 million to 3 million visitors every summer. "This second go-around, we're probably a little better educated and we've done more to put a posi- tive spin on things," Maurer said. "Our tourism numbers seem to be holding quite steady." Colorado's tourism officials spent most of last week battling .the per- caption that the entire state was in flames. Newsrooms across the state were flooded with cheery notes from Colorado's tourist havens. like Steamboat, Vail, Durango. and the Arkansas River Valley = prom- ising sunny skies and myriad oppor- tunities. for summer play. But Colorado has proved its met- tle as aleading vacation choice. In 2001, when business travel dropped. sharply and leisure travel ground to a halt following-'the Sept. 11 at- tacks, the state still. managed a 4 percent jump`in overnight pleasure trigs, according to a survey by Longwoods International. Please see TOURISM on 14C ~olora is officials advised.. ~~ stay c®ol over wildfires TOURISM from Page 1C ~)~esides Colorado, only Oregon anti Utah showed increases in 1ai- sure travel last year. "That's very encouraging," said SCephen Szapor, vice chairman of the` Colorado Tourism Office, who pointed to targeted advertising and public-relations campaigns as well as a' revamped website, colora- do.com, in helping fuel Colorado's gowth in leisure travel. Yellowstone National Park, which according to the National Yark Service lost nearly 800,000 acres to wildfires in 1988, also can provide hints to the impact of wild- fire on tourism business. That year, Yellowstone's visitation plum- meted by almost half a million. The next year, the numbers re- bounded and Yellowstone's 1989 summer was its busiest ever, with 2.2 million visits. "Memories are short," said Jim McCaleb, general manager of Yel- lowstone National Park Lodges op- erations.' "As soon: as the .coverage dies, so will the memory that there were fires in the state and. tourism wih rebound. If the folks in Colora~ do need any-kind of hope, hat's it memories are short." 06/1202 07:15 1"A~ 8192791A87 Chase Can~j Co VV V ~ .l ~~.~ ~.~ ~ noz Colorado Tries to~Calm. Tourists Cancellations Due to Forst Hires Threaten 1Vlc~jor State In~ustr~ By St~s~N 'Vtls.RxEN end N~itic~ HOLT 1X M,~1'OR FOR.ES~' rtes hUI'ning 3Cr055 Cololldo are tllreatBL.ing to send the state's summer tourist season up in 5molte- TOUriSt-based bus1AAS5e5 report can- cellations frorri aacationers rattled by re- ?JOr[5 Of il.a early 3Rd deVaS~d.[1210 5L}lrt tQ tl~e slate's usual summer forest Tires. Tourism officials aim to counter news im- ages ~ of raving fires and Gov, F3ill Owens°s eort>,m~nt to reporters on Stu]- day that "all of Colorado i5 burning." `instead of 99°~0 of the state beinb on fire, it's 14'0," saps Rene Kamsler. e~ecu- tive mice president of the Colorado Hotel and Lodming ~ssociadon, who says ho[e- tiers +~re vetting cats from people worried Ltie_y might be vacationing in an inferno. Forest fires a.re common in Colorado, bul t)]ey usually strike toward ~hg end o[ the summer tourist season ill late august. ooe national Forest and three state parks ace closed as a result of the [lre~, but more than ~0 parks and millions of acres , of forest are still open to visitors, tourist officials say. Before teSV1l'ig dome, ~ri.si- ?ors are ent:uulaged to check in With their dzsunatian For the latest status. L~dated lse il,fot7m,e,tiozl ~ilso is being posted on goFernment a.nd tout'ism ~Veb Sites. in- elnding wa~v,GOlordcio_com. tiv~iieh has a map yinpot])ting areas of eot>fl~~'ration_ The stakes are large for Coloradt~. lburism is the state's third-largest indus- try, employing 2u0.040 warkers'and ptunn- fng ~8_a billion into the economy each year-much of mat during summer. Trav- elers st7ent an a.veratie s19 million a de.y IDAHO ,1~. UlfConW-fed w11CAre9 ~ ~~ y'~ a: of loos 11 ~ _ nOCKT MOUiVtA1N ~~ p ~~ ~ - . ~ 04 ivaTIpNAL PAAK ~'-'e Estes Perk TO 111LES ~ ~~~ ~~ 'Denver I - - ~ . ~'. , °~Glamood erccMenrid~o a '.01 •~~ SPAngs ~ ~~ Colorado .. I y~ ~+' ~ Spnngs ~ ~ ~°~ - Grano mndion '-~.~"`~~,, ~ ' ~ puehlc ~~: ~. .~ t;TAH ~ COLORADO ~~ _ Duroegn 1 Aft[ZONA • I NEV/ ME~(IC,O ~P 'SauRCE ~.5_ Genm~lcal ssuvay , in 2000, according to a. state report. "We're con]batin~ tha idea That Colo- rado is closed for business, as well as the actual fires,'' says Ka.rhy Gumph. owner o[ the lt]-room ~ilair Timbers !an near' Brecken.r[dge, who nos talked callers otit of ca0,caiinR reserti'ations all ttze Way into 3t1nuSL. 'More than an hour's drive from Denyei' a~~id t11e ae2rest iire_ \7S. Gtlmpll Sdv_ 5 there were "Slue Skies` 3ILd L10 Smell of smoke" at her ion yesterday. ~[arb Grel~a. whose Companies operate scenic railroad rouCeS 1a areas unaffected bp- the wlldfires, says dcheL sales S.re dotiyn nearly 30°.'.., and people u'e 5te,]'ti]Zg to can- cel trips thrtt az'e still two weeis away. Ted Rodri~ue?, g°no:"a.1 rmauiager of the 1~L[1-room StaMnley Hotel in ljsteS Park. at least 1p0 miles from %].ny of the fires, also re- ~nlt5 3n 1I1CI'Ea52 ,u] calls from wor- riNrl vacationers, with a handful cancehac~rzs corn- ing in yHSGerda}' morning'. to Denvec, early attenda_nc~; wa,s actU3lly ur at J_~. Edwards ~`~ CD_'S SOCt<Vs,re C~TI~ ference in down- fawn, wZtt1 1~o ap- parent impact ft'om the t3re5,5tlll, thousands have been encow'a;ed to leave their homes as the largest of the Gres consumes fo~'esls south of Denver. Favorable winds kept the fire fmm sweeping into the City yesterday, but about 13(),I)Oq acres remttinad ablaze scrass the state, with hot, dry =nd w-indy conditions hindetisig firefi~h'ters. Bob L.:e, director of the Coior.~.dq Of- ~ce of ~GconorniC Dcvelonment. is :ipoe~y,t, noon; that the state sou ;~ ;nere;'lse In totlr153I1 last yr?8T de~Ditc Lerrori5t se~.re?s. drought. forest fires, o. souring ec~7rin[I7.Y and poor Snow' in the tnc~untaiilS. 'While there 9.t'e many worried callers, c2-ncella- tions_ overall. remain few, nz says. ''Once people realize the vast mainrity of the str~ce is not impaetad, then reserva- tions are stay~rig strong,'- he say5- ~/~ 'd 968G 'OPS T~~rNI. i : i 1 7~~~ '~ i '~,Tn r STATE O F C O LO RAD O OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE 1625 Broadway, Suite 1700 Denver, CO 80202 (303) 892-3840 (303) 892-3848 Fax ~`"= - ~y New . °°~ o *% * *,8;6 ~ * June 18, 2002 Bill Owens Governor Bob Lee A Message to the Tourism Industry: Director Over the past ten days, we have faced unprecedented challenges. Confronted BustnessAsststance with the largest wildfire in Colorado's history and with other wildfires occurring in Center various parts of the state, many of our friends and neighbors have been evacuated smalrBustness from their homes and businesses temporarily, others have lost theirs permanently. Development Centers MtnorttyBusiness office We are truly lucky to have such talented firefighters from throughout the state and the country battling these isolated wildfires, and we are fortunate that our Governor women ,SBnstnesso~ce has been able to secure significant federal aid to help cover the enormous costs. Business Development We are blessed that, to date, no serious injuries have been reported. Recruitment & Retention I want to take this opportunity to thank each of you in the tourism industry for your Colorado First & Existing IndustrtesJobTratntng support of the state's efforts to assist those most directly impacted by the fires. I also want to assure you that we have not lost sight of the significant challenges you communttyDevelopmenr Brockcrant face as a result of the wildfires and current drought. We are aggressively delivering the message that "Colorado is open for business." Governor Owens, E°onomtcDevelopment Sarah MacQuiddy, chair of the Colorado Tourism Office Board, and I will continue Commission to hold interviews with the media to spread this word and to urge travelers to take a Enrerprtse zones Colorado vacation this summer. Motion Picture & Television commtssion The Governor's Office of Economic Development and the Colorado Tourism Office colorado Tourism office Board are finalizing a wildfire response action plan. It contains a number of immediate and ongoing public relations and marketing activities designed to assist the industry over the next several months. This action plan will be forwarded to you within the next several days. We look forward to receiving your input. Finally, as you are aware, Governor Owens has been and will continue to be an outspoken proponent of the state's tourism industry. Two years ago, he supported the legislation that created the new Colorado Tourism Office and that restored funding for tourism promotion. Following the events of September 11, the Governor requested that the Legislature appropriate an additional $1 million dollars to promote the State of Colorado. Despite revenue shortfalls, we were successful in securing $500,000 of that amount. These funds have been used for adrive- market promotional campaign that urges Coloradans and residents of neighboring states to "Rediscover Colorado" and spend their vacation dollars at local destinations and attractions. Most recently, when faced with a significant budget shortfall, Governor Owens again fought to preserve the tourism budget while substantially reducing or entirely eliminating budgets for other important state programs. Tourism Page 2 I have attached a link to an article that appeared in this morning's Denver Post. http://www.denverpost.com/Stories/0,1413,36%257E33%257E680087%257E,OO.ht ml Of note, the story offers an optimistic, historical perspective of other states that have experienced the tragedy of wildfire. Further, it goes on to point out that despite the economic slowdown of 2001, Colorado was one of only a few states to experience an increase in leisure travel last year. Colorado is a powerful product, and we are fortunate to have a Governor, Tourism Board and industry committed to making sure that the world knows about it! On behalf of the Governor and the Colorado Tourism Office, I want to assure you that we will continue to support one of Colorado's most important industries. Your success, along with the thousands of other small businesses associated with tourism, is vital to the overall health of our great state. As we face the current challenges and new ones in the future, we want to work with you for the benefit of the tourism industry and for all Colorado. Sincerely, Bob Lee Director Office of Economic Development and International Trade Speaking Points on the Colorado Wildfires Richard Grant Director of Communications Denver Metro Convention & Visitors Bureau Colorado is a huge state, comprising 66 million acres. Less than 150,000 acres are being consumed in the fires. Far, far less than 1 percent of the state is involved in the fires. 2. All major roads and highways in Colorado are open. 37 of 40 state parks and all but one of Colorado's national parks and monuments are open. There is a ban on open fires in Colorado and personal fireworks have been banned, however almost all staged 4th of July celebrations will go on as scheduled. 3. The Hayman Fire is the closest to Denver and it is 40 miles from downtown. While smoke from the fire is visible in Denver, it does not present any health hazard. Of course, all airports and-roads are open in Denver and there have been no closures in the city related to the fire. There is a convention of 7,000 people going on it Denver that has not been impacted in any way by the fires. 4. Much of the rest of Colorado has not been impacted by the fires in any way. Rocky Mountain National Park (the state's most visited attraction) is more than 100 miles from the closest fire. This is the distance between New York and Philadelphia. To not go to Rocky Mountain National Park is the equivalent of saying "I won't go to New York because there is a fire in Philadelphia." 5. All interstate highways and U.S. highways are open in Colorado, including I-70 through the center of Glenwood Springs. 6. While the Hayman fire is the largest in Colorado, to put it in perspective, the Yellowstone fire was ten times larger consuming 1.5 million acres compared to the 100-150,000 acres currently affected. Colorado Tourism Office Tourism Wildfire Key Messages Spring/Summer 2002 The following outlines the steps the Colorado Tourism Office is taking to send a positive message about Colorado's thriving tourism industry. These steps complement the CTO's existing public relations efforts, including media pitching, news release writing and distribution, solicitation of media inquiries and industry relations. 1. Goal: To be proactive and disseminate updated information about the wildfire situation and to remind travelers that Colorado is an outstanding summer vacation destination and IS OPEN FOR BUSINESS. II. Strategies A. To continue to build upon the positive messages about Colorado throughout the springlsummer season. B. To prepare the Governor's Office, state legislators and tourism industry spokespeople to respond consistently and positively to potential news media questions about the wildfires. III. Key Messages A. Immediate i. The Governor's Office and the Colorado Tourism Office are committed to ensuring the health of Colorado tourism, the state's second-largest industry. Our state is open for business. ii. It's important to remember that Colorado is a vast state and there are numerous destinations and attractions unaffected by the isolated wildfires. Tourists are encouraged to come to Colorado this summer and experience all the state has to offer. iii. Colorado is serving our customers by keeping them informed of how the isolated wildfires may affect their visit by logging on to www.colorado.com. iv. It is important for vacationers to be aware of and abide by the safety precautions and fire bans when visiting, particularly in state and national parks. For complete details, log on to www.coloradoparks.org. v. As with all western states in the U.S., wildfires are unfortunately a fact of life. Colorado has been through this before, so the state knows how to respond quickly to these isolated fires. vi. The fires should not deter tourists from coming to Colorado and having a great time. vii. Recent research shows that Colorado continues to be one of the top tourist destinations, with tourist visits up overall. We plan to do everything possible to see this trend continue. viii. Colorado is atourist-friendly state, and we are doing all we can to assure a positive experience for our local vacationers and out-of-state guests alike. ix. There are 22.6 million acres of forestland in Colorado, the isolated wildfires affect less than one percent of that, so visitors can still enjoy the state's exciting attractions and destination, and experience Colorado's great outdoors. More than 99 percent of the state is unaffected by the fires). B. Ongoing i. Colorado is a wonderful place to vacation that offers fun opportunities for everyone year-round. ii. Colorado's seven travel regions are each unique and provide a different perspective of a Colorado vacation--from desert sand to lush trees and streams, Colorado's geographic diversity is unmatched. iii. For a complete look at what Colorado has to offer and to help plan your trip, log on to www.colorado.com Updated 6/18/02 VIDEO NEWS RELEASE: B-ROLL TO BE DELIVERED TO ASSIGNMENT DESK TODAY MEDIA CONTACT: Pat Peeples, Peeples Ink PR, Ltd. 970.845.8525 UNDER BLUE SHIES, VAIL WELCOMES SUMMER TOURISTS • Open for business, Vail reminds summer travelers that the eight Colorado fires are claiming less than 1 percent of the state's 66 million acres • Eagle County residents, businesses lend a helping hand to those affected by the Coal Seam fire in Glenwood Springs VAIL, Colo. -June 12, 2002 -With temperatures hovering in the mid-70s and blue skies overhead, Vail merchants, restaurateurs and lodging properties want summer travelers to know that they're open for business despite eight major wildfires that are burning across the state. "Our hearts go out to the families who have had to evacuate their homes or have lost their homes entirely due to these fires," said Vail resident and business owner Beth Slifer. "We knew heading into the summer that because of the drought conditions, we had a serious situation on our hands. But because tourism is so critical to our livelihood here in Colorado, we're a resilient bunch. We've tackled similar challenges before and we can do it again." Slifer serves on the board of the Vail Marketing District, which markets the town's summer and shoulder seasons, and is funded through a lodging tax. The closest fire to Vail is the Coal Seam fire that has burned more than 10,000 acres in Glenwood Springs, about 50 miles away. Eagle County residents and businesses are assisting evacuees and emergency workers in Glenwood with food, books, toys and shelter. Because of the lack of rain this spring, Vail has already cancelled its July 4 fireworks celebration. In addition, Vail Resorts announced today a fire ban at all four of its Colorado resorts. Open flames of any kind -including campfires, gas stoves and grills, fireworks and other spark-producing devices, and smoking -are banned on the mountain at Vail, Beaver Creek, Breckenridge and Keystone this summer. Though the fireworks have been canceled, the traditional festivities of Vail America Days will continue as planned highlighted by afun-filled hometown parade, and a weekend of entertainment and concerts. "While we will continue to monitor the fire danger, we are confident that Vail can still offer an unparalleled summer vacation - or a weekend getaway -complete with shopping, dining, numerous outdoor activities and a concert schedule not to be believed," said Ian Anderson of the Vail Valley Chamber & Tourism Bureau. Vail Mountain will open its Eagle Bahn Gondola and Summer Adventure Ridge to guests on Friday. The gondola will operate Friday-Sunday, 10 a.m.- 4 p.m. through June 23. It will switch to daily operation on June 28. June 28 -Sept. 2, the gondola operates Sunday-Wednesday, 10 a.m.- 4 p.m.; and Thursday -Saturday, 10 a.m.- 9 a.m. The fun atop the Eagle Bahn Gondola at Vail's Summer Adventure Ridge includes hiking, mountain biking, lawn sports, thrill sledding and more. In 2000, Vail built a whitewater park in the heart of its pedestrian village and some of the world's best kayakers -along with beginners -began testing it out over Memorial Day Weekend. And Vail's newly renovated Gerald R. Ford Amphitheater - Vilar Pavilion will once again play host to an incredible summer line-up of events. In its 14th season, the Vail International Dance Festival returns with unique and specially produced ensembles and artists not commonly seen on the touring circuit. The Bravo! Vail Valley Music Festival also returns this summer with live chamber, orchestra, pops and mariachi music. Upcoming June events include: 15-16 King of the Mountain Volleyball Tournament What: One of Colorado's hnestbeaeh-doubles volleyball tournaments, featuring the best amateur players from the Rocky Mountain region as well as top professionals from the Colorado Pro Volleyball Association. Where: Vail Athletic Field and Ford Park When: 8 a.m. start Contact: 970-479-2280 18 Budweiser Hot Summer Nights Free Concert What: Jefferson Starship Acoustic Explorer kicks off the summer concert series with this classic rock spectacular. Where: Gerald R. Ford Amphitheater Vilar Pavilion When: 6:30 p.m. Contact: 970-949-1999 19 Davos Dash Mountain Bike Race What: Mountain bike race for all ages and abilities. Where: Davos Trail, Vail When: 5:30 p.m. start Contact: 970-479-2280 22, 23 Big Wheel `n' Chili What: Vail's famed restaurants vie for bragging rights to the people's choice award for the best chili. This annual event is highlighted by a Big Wheel race down the streets of Vail Village. Adults relive your childhood! Where: Vail Village Contact: 970-477-0111 28- Vail Mountain Lodge lOk at 10,000 feet What: Ahigh-altitude, single track l Ok running race on Vail Mountain Where: Mid-Vail to Wildwood and back. Contact: 970-479-22 80 24 Budweiser Hot Summer Nights Free Concert What: Acoustic Syndicate entertains the crowd with their unique folk-bluegrass sound Where: Gerald R. Ford Amphitheater Vilar Pavilion When: 6:30 p.m. Contact: 970-949-1999 28- July 8 28t'' Annual Vail Lacrosse Shoot-out What: Watch the nations best men's, women's, college and high school teams battle for lacrosse supremacy in this returning crowd favorite. Where: Vail and Avon Contact: 3 03-321-7997 28-30 Vail Arts Festival What: More than 100 artists participate in this three-day juried arts festival. Works include paintings, photography, woodcarvings and more. Where: LionsHead Village Contact: 970-328-1182 29 Bravo! Vail Valley Music Festival What: Opening concert j:or the 2002 season featuring the Colorado Symphony Orchestra and Colorado Symphony Chorus Where: Gerald R. Ford Amphitheater VilaY Pavilion When: 6 p.m. Contact: 970-827-5700 30 Bravo! Vail Valley Music Festival What: Colorado Symphony Orchestra pops concert featuring "An Evening of Sondheim and Bernstein." Where: Gerald R. Ford Amphitheater Vilar Pavilion When: 6 p.m. Contact: 970-827-5700 ### °., °~ _ 0 ~'~ _ ~ ` ~1L ~ESC~RTS FOR IMMEDIATE RELEASE Media Relations: Corporate: Kelly Ladyga, (970) 845-5720, kladyga cr,vailresorts.com Vail: Jen Brown, (970) 479-3001, jbrown(a~vailresorts.com Beaver Creek: Emily Jacob, (970) 845-5292, ejacob cr,vailresorts.com Breckenridge: Amanda McNally, (970) 453-3256, amcnally crvailresorts.com Keystone: Helen Hill, (970) 496-4104, hhill(awailresorts.com VAIL RESORTS INSTITUTES FIRE BAN AT ALL FOUR COLORADO SKI RESORTS VAIL, Colo. -June 12, 2002 -Due to the extremely dry conditions throughout Colorado, Vail Resorts officials today announced a fire ban at all four of its Colorado resorts. Open flames of any kind, including campfires, gas stoves and grills, fireworks and other spark-producing devices, and smoking are banned on the mountain at Vail, Beaver Creek, Breckenridge and Keystone this summer. The ban is effective immediately. "It is incumbent upon all of us to take the necessary precautionary measures to protect our forests, our resorts and our communities due to the extreme fire danger that exists throughout the state today. We're asking our employees, local residents and guests to help us take care of our mountains so we may enjoy them this summer and for years to come," said Andy Daly, president of Vail Resorts. Over the next few days, mountain operations crews at each of the four resorts will be posting signage at key access points around resort base areas, such as trailheads, service roads, operating chairlifts and gondolas, and at on-mountain restaurant facilities reminding guests of the fire ban. In addition to the ban, the four resorts are taking other precautionary measures, such as keeping snowmaking systems in operable status in the event that water is needed to reach areas quickly, having immediate access to bulldozers and other large machinery, and coordinating emergency plans with the U.S. Forest Service and local authorities. -more- t~ r },}-W~A{* `+.i i.,f 6},.,~~~#l 4/,~~~i ~i,)~ ~~',..'~~E3Ct1 E"~ 7 ..V d'` ~~t p..F `e~; Irv ~7 FIRE BAN 2-2-2 Vail Resorts, Inc. is the premier mountain resort operator in North America. The Company operates the Colorado mountain resorts of Vail, Beaver Creek, Breckenridge and Keystone, Heavenly Ski Resort in California and Nevada, and the Grand Teton Lodge Company in Jackson Hole, Wyo. The Company also holds a majority interest in Rockresorts, a luxury resort hotel company with 11 distinctive properties across the United States. Vail Resorts Development Company is the real estate planning, development, construction, retail leasing and management subsidiary of Vail Resorts, Inc. Vail Resorts is a publicly held company traded on the New York Stock Exchange (NYSE: MTN). The Vail Resorts website is www.vailresorts.com. ### TOWN OF PAIL Office of the Town Manager 75 South Frontage Road Yail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM June 12, 2002 To the Vail Town Council: In compliance with Ordinance 7, Series of 2002, forming the Commission on Special Events (CSE), I would like to submit Pam Brandmeyer's name as the Town of Vail staff designee for an Honorary Advisory Member. Thank you for your time. Sincerely, TOWN OF VAIL Robert McLaurin Town Manager xc: Pam Brandmeyer Rick Chastain @ rick(c~visitvailvalley.com ~~~ RECYCLED PAPER Page 1 of 1 Pam Brandmeyer -Notice of Intent From: "Rick" <rickwisitvailvalley.com> To: "Pam Brandmeyer" <pbrandmeyer(c~ci.vail.co.us> Date: 6/12/02 4:06 PM Subject: Notice of Intent Hi Pam: Pursuant to our conversation today, I would like to officially notify you. that I would like to serve as an Advisory Board member to the Town of Vail Commission on Special Events. I understand that I need to produce an official notification on WCTB letterhead, and have it signed by an officer of our organization. I will do this and have it to you by no later than tomorrow, June 13. If you have any questions,. please do not hesitate to contact me. Regards, Rick Rick Chastain Director, Event Marketing Vail Valley Chamber and Tourism Bureau 100 E. Meadow Dr. Vail, CO 81657 970-477-4004 970-331-1012 cell 970-476-6008 fax www. rick@visitvailvalley. com file://C:\Windows\TEMP\GW } OOOO 1.HTM 6/ 12/02 Stephen Connolly P.O. Box 3003 Vail, CO 81658 970/476-1346 June 12, 2002 Ms. Pam Brandmeyer Assistant Town Manager Town of Vail 75 S. Frontage Rd. Vail, CO 81657 RE: Commission on Special Events ex officio advisory council Dear Pam, FAX ~ c~~ ~~ I would like to apply for a seat on the Commission on Special Events' ex officio advisory council. While I do not represent any organization, I believe my special event and business experience would be useful to the Commission. My special event experience dates back to 1981 when I was the Race Director for the Gunnison Stage Race, amulti-day international bicycle race held in Gunnison County Colorado. Since then I have worked on four world championship events (including the two World Alpine Ski Championships held in Vail), approximately twenty World Cup Ski events, over ten skating shows and a touring gymnastics show. I also have experience with corporate functions, food festivals and music shows. Closer to Vail, I was the producer for the Vail Figure Skating Festival from 1994 until 1999. I was the Race Director for the Ski Club Vail Town Race Series in l 989 and 1990. I also rar_ the Vail Chamber & Business Association's Block Parties in 2001 and did most of the planning for 2002. In the past year, as Director of the VCBA, I have worked with the VVCTB to coordinate efforts within the business community for Big Wheel & Chili Contest (`O1 and `02) Oktoberfest (`O1 and `02) and this year's Teva Mountain Games. I have also attended CSE meeting since November of 2001. I will call you next week to see if you can accept my application and what the next step might be Thank you for your consideration. Best regards, Vail _ Chamber & ~. `~ . ~_ : r 'Business Association 241 South Frontage Road East Suite 2 Vail, Colorado 81657 Pam Brandmeyer TOV 75 N Frontage Road Vail, Co. 81657 June 12, 2002 Re: CSE Advisory Rep Dear Pam, phone: 970-477-0075 fax: 970-477-0079 email: vcbaC~vail.net Kaye Ferry will be serving as the VCBA's representative on the Commission in Special Event's Advisory Committee. ~'; Than u, f=a - ~ ~ _; Kaye President VAII.VALLEY FOUNDATION Providing leadership in athletic, educational and cultural endeavors to enhance and sustain the quality of life in the Yail Valley Boatd of Directors President Gerald R. Ford Adam Aron Judith Berkowitz Leon Black Mar?ene So!1 Bjom Etik Borgen lames Beny Craddock Jack Crosby Andrew Daly William Esrey Hatry Frampton Gerald Gallegos John Gamsey - George Gillett Pepi Gramshammer Steve Haber William Hybl Martha Head Elaine Kelton Jack Kemp Peter May Patricia Peeples Fitzhugh Scott, Emeritus George Shaeffer Michael Shannon Stanley Shuman Rodney Slifer Oscar Tang James Weaz Cecilia Folz President 2001 Mountain Bike World Championships 1999 World Alpine Ski Championships 1994 Mountain Bike World Championships 1989 World Alpine Sla' Championships AEI World Forum American Ski Classic Citizen of the Year Awards Education Initiatives F!S Alpine World Cup Friends of Vail Gerald R. Ford Amphitheater Vilar Pavilion Jerry & Betty Ford Artisans GalfClassic UCI Mountain Bike World Cup Vail Valley Foundation Scholarship Program Vail International Dance Festival P.O. Box 309 Vail, Colorado 81658 970-949.1999 Fax 970.949-9265 e-mail vvfops@vail.net June 4, 2002 Ms. Pam Brandmeyer Town ofVail 75 South Frontage Road - Vaii; Colorado 81657 Dear Pam: ~4}t :~.~ Ct~.~-tc~r~,c,a o~ ~~ The Vail Valley Foundation would like to thank the Town of Vail for inviting us to be an Advisory Member for the Commission on Special Events. We are extremely excited to continue our partnership with the Town through this opportunity, as it is good for the community and the evolution of the Vail Valley. As we discussed last week on the phone, the Vail Valley Foundation has nominated two member candidates. Our designees are: Kurt Krieg Vice President of Operations Chris Emmer Facilities Manager /Amphitheater Manager One of us will always be available, and the majority of the time we will both~be available, but with travel and new events on the horizon, we have named two designees. We look forward to the next meeting, please contact me with the date, time and location once confirmed. Thank you again for your consideration of the Vail Valley Foundation for this commission. Sincerely, r /~ Kurt Krieg A Colorado 501 (c) (3) Nonprofit Corporation June 18, 2002 Piet Pieters left a message on Pam Brandmeyer's voicemail that he would be the VRD Representative on the Special Events Commission. RESOLUTION N0.4 Series of 2002 A RESOLUTION AUTHORIZING THE PURCHASE OF LAND IN THE TOWN OF VAIL COMMONLY KNOWN AS PARCEL N0.2103 114 IS 018 BY THE EAGLE COUNTY ASSESSOR'S OFFICE, AND LEGALLY DESCRIBED AS PARCEL B, RESUBDIVISION OF TRACT D VAIL DAS SCHONE SUBDIVISION WHEREAS, the Vail Town Council considers it in the interest of the public health, safety and welfare to purchase the property commonly known as Parcel No. 2103 114 15 018. by the Eagle County Assessor's Office, and legally described as Parcel B, Resubdivision of Tract D Vail Das Schone Subdivision ("the Property"). NOW THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is hereby authorized to enter into a contract to buy and sell the Property. 2. .The Town Manager and the town staff are authorized to take whatever steps are necessary to complete the purchase of the Property by the_ Town of Vail from Vail Commons Management Partnership, an Illinois general partnership. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this, day of June, /~r't=c. 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk J ORDINA CE NO. 17 SERIES OF 2002 AN EMERGENCY ORDINANCE TO PROHIBIT THE POSSESSION, SALE OR USE OF FIREWORKS IN THE TOWN OF VAIL, SETTING PENALTIES FOR THE VIOLATION THEROF, DECLARING AN EMERGENCY, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town Council has determined that drought conditions within the Town of Vail and adjoining areas pose an extreme fire danger: and WHEREAS, The Town Council has further determined that prohibiting the possession, sale and use of fireworks within the Town of Vail is in the best interest of the citizens of Vail and the State of Colorado to preserve the safety, health and welfare of the community; and WHEREAS, Section 4.11 of the Town Charter authorizes the Town Council to enact emergency ordinances for the preservation of public property, health, welfare, peace, or safety. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. It shall be unlawful for any person within the Town of Vail to possess, sell, offer for sale, or to use or discharge any fireworks or pyrotechnic special effects material. Section 2. For purposes of this ordinance, "fireworks" shall mean any article, device, or substance, with the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration, or detonation which meets the description of fireworks as set forth in the United States Department of Transportation Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 173.88 and 73.100. addition, "fireworks" shall include all items listed in C.R.S. Sectio 12-28-10(8), efined as "permissible fireworks." "Fireworks" shall not include toy caps which do not contain more than twenty-five hundredths of a grain of explosive compound per cap; or highway flares, railway fuses, ship distress signals, smoke candles, and other emergency signal devices when possessed or used for emergency signaling. Further, "fireworks" shall not Ordinance No. 17, Series of 2002 include. devices used by any law enforcement or fire prevention agency in the performance of their duties. Section 3. Any person violating any provision of this ordinance may be punished by a fine, imprisonment, or both fine and imprisonment, as set forth in Section 1-4-1 of the Vail Town Code. Section 4. An emergency exists in that the use of fireworks within the Town limits would severely increase the risk of fire danger, and put the residents of the Town of Vail and surrounding communities at risk. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 8. This ordinance shall become effective immediately upon passage and shall terminate on October 31, 2002. Section 9. The Town Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10) days following passage. Ordinance No. 17, Series of 2002 INTRODUCED, READ, APPROVED AS AN EMERGENCY ORDINANCE this 18t" day of June, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effect immediately. ORDERED PUBLISHED IN FULL this 18t" day of June, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series of 2002 Memorandum To: Vail Town Council From: Matt Mire, Town Attorney Date: June 17, 2002 Re: Guidelines on Bans on Open Fires and Fireworks Bans Ordered What did Governor Owens ban by executive order in connection with the declaration of statewide disaster emergency due to wildfires? Statewide ban on "open burning", defined as any outdoor fire, including but not limited to campfires, warming fires, charcoal grill fires, and the use of any fireworks. "Open burning" does not include: Gas or charcoal grills located at private residences Fireplaces within buildings Professional commercial fireworks displays Prescribed burning of ditches for irrigated pastures and croplands Additions! exemptions as the governor may declare Statewide ban on the sale and use of fireworks Open Burn Ban What is the penalty if someone violates the open burn ban on public property? A violation of the ban on public property constitutes a class 3 misdemeanor, punishable by up to six months in jail and/or maximum fine of $750. (§ 18-9-117, C.R.S 2001). A separate statute alternately provides that violation of a fire ban on state lands under the control of the Colorado Division of Wildlife is punishable by a fine of $100 (§ 33-15- 106, C.R.S. 2001). What is the penalty if someone violates the open burn ban on private property? There is no similar automatic state criminal sanction. However, it is possible that a person could be charged with reckless endangerment, which is a class 3 misdemeanor punishable by up to six months in jail and/or maximum fine of $750 (§ 18-3-208, C.R.S. 2001). Reckless endangerment occurs when a person recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person. The injury need not occur, just that the conduct creates the risk of injury. The risk could be to a private citizen or to an emergency responder, including fire personnel. In light of the fact that there is a statewide ban and persons know or should know about the ban, and given the tinderbox conditions, an argument can be made that reckless endangerment exists when a person sets or causes a fire on private property in violation of the ban. Can counties impose their own ban on open fires? A county has authority to ban open fires to a degree and in a manner that the board of county commissioners deems necessary to reduce the danger of wildfires within the unincorporated areas of the county (§ 30-15-401(1), C.R.S. 2001). Can municipalities impose their own ban on open fires? A municipality has specific authority to ban bonfires within its boundaries and to ban other open fires under its general police/public nuisance authority (§ 31-15- 701, § 31-15-401, C.R.S. 2001). Sale of Fireworks What is the penalty for violation of the ban on sale of fireworks? In order to commercially sell fireworks in Colorado, one must be licensed by the state (§ 12-28-110, C.R.S. 2001). Sue Mencer, Executive Director of the Department of Public Safety, is advising all retail licensed fireworks dealers that pursuant to the governor's ban, those licenses are temporarily suspended and therefore they cannot sell fireworks. Unlawfully commercially selling fireworks is a class three misdemeanor pu nishable by up to six months in jail and/or maximum fine of $750 (§ 12-28-110, C.R.S. 2001). Offenders can also have their fireworks seized at their expense (§ 12-28-109., C.R.S. 2001). What if there is no commercial sale, but rather just a private transf er or sale between friends or family? Colorado law does not appear to specifically address this scenario, nor does the governor's ban. However, again, in light of the public warnings and fire danger situation, it is theoretically possible that in such a situation, a charge of reckless endangerment could apply. Use of Fireworks What is the penalty for violation of the ban on use of fireworks? It is already against Colorado law to unlawfully possess or discharge most fireworks (§ 12-28-102, C.R.S 2001). This includes most anything that explodes or leaves the ground (public or professional displays excepted), (§ 18-28-101, C.R.S. 2001). Permissible fireworks under this statute include sparklers, stationery cones and torches, ground spinners, sparklers, "snakes"). The governor's ban in effect temporarily prohibits the use of all fireworks, including those that up until the ban were permissible under Colorado law. The governor's ban, however, does not apply to possession of what would be ordinarily permissible fireworks. Violation of the ban on use of fireworks is a class 3 misdemeanor (§12-28-110, C.R.S 2001). The penalty under the ban on use of all fireworks, including for the time being previously permissible fireworks, is therefore the same as that which already exists for use of previously illegal fireworks-- up to six months in jail and/or maximum fine of $750. Can municipalities impose their own ban on the sale or use of otherwise permissible fireworks? Municipalities may regulate and prohibit the sale, use, and possession of fireworks, including permissible fireworks, within their boundaries (§ 12-28-107, and § 31-15-701, C.R.S. 2001). Can counties impose their own ban on sales or use of otherwise permissible fireworks? A county or fire protection district cannot prohibit the sale of permissible fireworks within its jurisdiction, but a county has the authority to ban the use of fireworks (§ 30-15- 401(n.5), § 30-15-401.5(10), C.R.S. 2001). ' However, because the governor's ban is effectively a state law banning sales, this prohibition against counties imposing their own bans on the sale of permissible fireworks does not come into play. The statewide ban applies. Penalties for the Setting of Fires or Reckless Conduct Resulting in. Fires Criminal Liability 1. Fourth degree arson, § 18-4-105, C.R.S. (2001). A person who knowingly, or recklessly starts or maintains a fire and by doing so places others in danger or any building or occupied structure in danger commits: a class 4 felony if a person is endangered, punishable by 2-6 years imprisonment a class 2 misdemeanor if only property is endangered and the value of the property is $100 or more, punishable by 3-12 months imprisonment and/or $250- 1000 fine 2. Firing woods or prairie, § 18-13-109, C.R.S. (2001). Any person who, knowingly and without lawful authority, or with criminal negligence sets on fire any woods, prairie, or grounds of any description, other than the person's own property, or permits a fire to pass from the person's own grounds to the injury of any other commits a class 2 misdemeanor, punishable by 3-12 months imprisonment and/or $250-1000 fine. 3. Unlawful conduct on public property, § 18-9-117, C.R.S. (2001). Any person who enters or remains on public property or conducts himself in or on the same in violation of any order, rule or regulation concerning the use of the public property, including camping, picnicking and control and limitation of fires and designation of places where fires are permitted, commits a class 3 misdemeanor, punishable by a possible 6 months imprisonment and/or $50-750 fine. 4. Fires on Division of Wildlife land, § 33-15-106, C.R.S. (2001). It is unlawful for any person on state lands under the control of the Division of Wildlife to: leave a fire unattended or fail to thoroughly extinguish a fire before leaving it, punishable by a fine of $50. start, build, tend, or maintain a fire in violation of fire ban or restriction during periods of extreme fire hazard, punishable by a fine of $100 dollars. 4 start, build, tend or maintain a fire in a careless or reckless manner that indicates either a lack of due regard for the fire hazard present or a wanton and willful disregard for the safety of persons and property is guilty of a misdemeanor, punishable by a fine of $1,000 dollars. 5. Colorado state forests, § 36-7-201, C.R.S. (2001). Any person or corporation who by negligence is responsible for any fires on state forest lands shall be punished by a fine up to $300, or by imprisonment in the county jail of not more than three months, or both. 6. Extinguishing campfires, § 30-15-201, C.R.S. (2001). Any person who leaves a campfire unattended or fails to thoroughly extinguish a fire before leaving it commits a class 2 petty offense, punishable by a fine of $50. D 015 02 EXECUTIVE ORDER Declaring a Statewide Ban on Open Burning and the S ale and Use of Fireworks Pursuant to the authority vested in the Office of the Governor of the State of Colorado, and in particular Article IV, Section 5 of the Colorado Constitution and Sections 23-30-308; 24-20-20-108, and 24-32-2100 et seq. of the Colorado Revised Statutes, I, Bill Owens, Governor of the State of Colorado. Background and Need. On June 4th, 2002, I issued Executive Order D 012 02 banning open burning on state lands. Since that time, approximately 200,000 acres have burned in the State of Colorado. Today, I issued Executive Order D 014 02, declaring a statewide disaster emergency due to the occurrence of and imminent threat of wildfires. Additional measures are warranted to respond to this extreme risk and occurrence of wildfires caused by human activities. After thorough investigation and evaluation of the fire risk, I conclude that I must take action to minimise the serious danger to public health presented by open burning and the use of fireworks. In response, this Executive Order bans open burning throughout the State of Colorado and bans the sale and use of all fireworks. Mission and Scope. I hereby order the following: A. A statewide ban on open burning. i) For purposes of this order, "open burning" is defined as any outdoor fire, including but not limited to campfires, warming fires, charcoal grill fires, and the use of any fireworks. ii) For purposes of this order, "open burning" does not include: a) gas or charcoal grills located at private residences; b) fireplaces within buildings; c) professional commercial fireworks displays; d) prescribed burning ditches for irrigate pastures and croplands. B. A statewide ban on the sale and use of fireworks. Duration. This Executive Order shall remain in force until modified or terminated by ftuther executive order of the Governor. GIVEN under my hand and the Executive Seal of the State of Colorado, this lOr" Day of June, 2002. Bill Owens Governor r s i F ORDINANCE N0.13 SERIES OF 2002 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 7, SERIES OF 2002 (COMMISSION ON SPECIAL EVENTS), PROVIDING FOR CORRECTIONS AND AMENDMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, a typographical error occurred in Ordinance No. 7, Series of 2002. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance No. 7, Series of 2002, is hereby amended as follows: (Text that is to be deleted is ~~3'2GY~, text that is to be added is underlined). Section 3. Members -Appointments -Terms The CSE shall consist of five (5) voting members appointed by the Town Council to be designated as follows: 1 Retail; 1 Restaurant; 1 Lodging; 1 (from any of 3 categories previously stated); 1 at large. All five voting members shall be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. No current event promoters, producers or board members of organizations requesting funding, or their empleye~s employees, may serve as voting members. The initial terms of two members of the CSE shall be for one year, and the initial term of three members shall be for two years, to be appointed in 2002. Thereafter, the council shall annually appoint CSE members to two year terms every January. In addition to the five voting members of the CSE, up to ten (10) honorary advisory member groups may be included by Council invitation. In order to act as an honorary advisory member of the CSE, each member group shall nominate one representative within that group to be ratified by Council. Honorary advisory member groups shall be approved by council and may include: Vail Resorts, Inc. (VRI) Vail Valley Foundation (VVF) Vail Valley Chamber and Tourism Bureau (VVCTB) Vail Chamber and Business Association (VCBA) Vail Recreation District (VRD) Town Council Town of Vail staff VLMDAC Ratified, honorary advisory members shall assist the CSE by providing information, coordination and consultation and shall not have the power to vote on issues that come Ordinance No. 13, Series of 2002 f '_, before the CSE. The number and terms of such advisory members shall be at the discretion of the Town Council. Advisory members of the CSE should be individuals who have a demonstrated expertise in special event production, establishment of criteria by which to gauge event success, or knowledge of and/or a strong interest in special events. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _-day of , 2002 and a public hearing shall Ordinance No. 13, Series of 2002 ~. be held on this Ordinance on the day of 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this day of 2002 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 13, Series of 2002 Proposed Supplemental Appropriations and Budget Adjustments #1 of 2002 Revenue Expenditure Amount Amount Description Increase Increase Reason Capital Projects Fund Revenue Adjustments Sales Tax Revenue 500,000 Revise Estimate Transfer from HEF 650,000 To pay for Shop Improvements Sale of Assets 675,000 Sale of Old Town Shops Federal Grant Revenue (300,000) Change Amount to Actual Projects Rolled from 2001 Loading & Delivery Study Facility Capital Street Light Imp. Program Dobson Ice Arena Bus Shelter Replacement Parking Structure Maintenance Drainage Improvements Lionshead Improvements Way Finding Improvements Radio Tower Equipment Mountain Bell Housing West Meadow Dr. Vail Valley Dr. Project Budgets Amended 2002 Town Shops Village Streetscape Design Ruins Project Land Acquisition Donovan Park Pavilion Subtotal Capital Projects Fund 8,396 Ongoing Project 18,999 Replace Community Development Boiler 10,000 Street Lights at Lodge at Vail 15,000 Ongoing Project 20,000 Plexiglas Replacement 67,347 Additional Entry and Exit Equipment for LH Parking Structure 52,696 Lodge at Vail Drainage 150,000 Ongoing Project 160,000 Ongoing Project 74,052 Ongoing Project 20,000 Ongoing Project 79,000 Ongoing Project 85,000 Ongoing Project 775,000 Increase Project to $1.5 million 200,000 Begin Design of Project Cost Shared with RETT Fund (2,100,000) Removed 2,600,000 In West Vail 150,000 To bring the Pavilion Budget to $2.8 million 1,525,000 2,385,490 Supp Aprop 1 of 2002 1 6/13/02 10:13 AM Proposed Supplemental Appropriations and Budget Adjustments #I of 2002 Revenue Expenditure Amount Amount Description Increase Increase Reason Real Estate Transfer Tax Projects Rolled from 2001 Black Gore Cr. Sand Mitigation 5,978 Ongoing Project Pedestrian Bridge Design 18,151 Ongoing Project Ford Park Play Ground Safety Improvements 18,307 Ongoing Project Project Mgt. 14,412 Summer Intem Nature Center Bridge 35,995 Ongoing Project Recreation Path Maintenance 77,144 Ongoing Project Pine Beetle Control 92,620 Ongoing Project Donovan Park Lower Bench 813,155 Ongoing Project Redsandstone Soccer Field 146,052 Ongoing Project Imgation Control 75,951 Ongoing Project Trailhead Signs 99,911 Ongoing Project Project Budgets Amended 2002 White Water Park 50,000 To Cover Legal Fees Playground Safety Improvements 8,000 Various Project Sites Village Streetscape Design 300,000 Begin Design of Project Cost Shared with Capital Project Fund Sand Mitigation Project 50,000 Contribution to Eagle River Watershed Council Subtotal RETT Fund 0 1,882,676 Supp Aprop 1 of 2002 2 6/13/02 10:13 AM Proposed Supplemental Appropriations and Budget Adjustments #1 of 2002 Revenue Expenditure Amount Amount Description Increase Increase Reason General Fund Reimbursed Costs Misc. Revenue Professional Fees Professional Fees Salaries Professional Fees Assessment Professional Fees Miscellaneous Professional Fees Operating Supplies Equipment Purchases Equipment Purchases Employee Bonuses Subtotal General Fund Heavy Equipment Fund Transfer to the Capital Projects Fund Dispatch Services Fund Equipment Total All Funds 20,000 1,799 Newsracks Sold, & Charter Revenue 9,500 Cable Television Technical Assessment 4,400 Architect Fees for Temporary Gynastics Site 17,000 Temporary Secretarial Support in Community Dev. 20,000 Revise the Town Sign Code 6,474 Common Area Assessment for Bright Horizons Space 7,055 Planning & Estimating Gymnastics Facility Requirements 850 Purchase Newspaper Boxes 7,715 Lobbyist Fee for Bus Grants 3,500 Small Equipment for Fire Dept. 900 Newsracks Resold 3,520 Copy Machine for Finance and Court 899 Pass Through of Tip for Bus Drivers 21,799 81,813 650,000 To fund the Town Shop Improvements 4,245 Complete purchase from 2001 1,546,799 5,004,224 Supp Aprop 1 of 2002 3 6/13/02 10:13 AM ORDINANCE NO. 12 SERIES OF 2002 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 7, CHAPTER 3, AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING, STORAGE AND/OR SALE OF ABANDONED VEHICLES; AMENDING SECTION 7-3A-3 TO ALLOW FOR CORRECTIONS TO STATUTORY REFERENCE; AND SETTING FORTH DETAIL IN REGARD THERETO. WHEREAS, Title 7, Chapter 3, of the Vail Town Code provides procedures for removal, storage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, the Town expends an inordinate amount of time and resources complying with procedures regarding removal, storage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, it is the desire of the Town Council to authorize the Town to contract for removal, storage and disposal of abandoned vehicles within the Town of Vail in accordance with C.R.S. § 42-4-1814, as amended; and WHEREAS, Section 7-3A-3 of The Vail Town Code provides an erroneous citation to the Colorado Revised Statutes; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety and welfare to adopt these amendments to the Town Code. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: (Text that is to be deleted is Win, text that is to be added is underlined . Section 1. Section 7-3A-3 of the Vail Town Code is amended as follows: 7-3A-3: IMPOUNDMENT AUTHORIZED: Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or upon any place within this Municipality in such a manner as to constitute a violation of any section of this Article, or left unattended for a period of twenty four (24) hours or more and presumed to be abandoned under the conditions prescribed by Colorado Revised Statutes section ~~ ~ 1 nL 42-4-1802, as amended, the officer shall require the vehicle to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this Municipality, and the charges Ordinance No. 12, Series of 2002 for towing and storage of such vehicle shall be charged to the owner of the vehicle in addition to a ten dollar ($10.00) impounding charge. Section 2. Section 14 is added to Title 7, Chapter 3, of the Vail Town Code to read as follows: 7-3A-14: RIGHT TO CONTRACT: Notwithstanding the procedures set out in Sections 7-3A-3 through 7-3A-8 of this Chapter 3, the Town, at its discretion, may forego said procedures and execute a contract or contracts for the removal, storage and/or disposal of abandoned motor vehicles in accordance with C.R.S. § 42-4-1814, as amended. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 12, Series of 2002 l Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw; order, resolution, or ordinance, or part thereof,. theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2002 and a public hearing shall be held on this Ordinance on the 18th day of June, 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this day of , 2002 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 12, Series of 2002 Vail Marketing Budget Per Steve Thompson 6/17/02 Year Lodging Tax Business License Total Expenses Variance Car Over 2000 $ .333 mil + $ .333 Actual 2001 $1.537 mil $ 60,000 $1.600 mil $1.860 mil + $ 73,000 Bud et 2002 $1.175 mil _ $300,000 $1.475 mil $1.521 mil + $ 27,000 Pro'ection 6/17/02* 2002 $1.400 mil $300,000 $1.700 mil $1.521 mil f $252,000 Pro'ection 6/17/02 2003 $1.550 mil <$300,000> <$1.850 mil> * TOV Anticipated 2002 $1.175 mil from Tax .3 mil from Business License $1.475 mil *Revise results for 2002 $1.400 mil from Tax .300 mil from Business License $1.700 mil *Collections off so far only 1 % instead of 24% TOV anticipated