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HomeMy WebLinkAbout2002-08-20 Support Documentation Town Council Evening SessionAMENDED TOWN COUNCIL EVENING MEETING TUESDAY, August 20, 2002 6:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (5 min.) 2. ITEM/TOPIC: Request to Proceed Thru the Process for Christmas Tree Lighting on Public Right-of-Way. (5 min, Rick Scalpello (see attached memo). 3. ITEM/TOPIC: Discussion of memorial park (east end of Kafsos, Spraddle Creek trailhead; streamwalk between the Mountain Haus and Ford Park. (30 min.) Diana Donovan Chuck Ogilby Merv Lapin 4. ITEM/TOPIC: Formal Motion to Approve Design & Prepare Construction Contract of the Donovan Park Pavilion. (5 min Diana Donovan 5. Greg Hall ITEM/TOPIC: Cortina Lane Street Improvements Project. (5 min.) ACTION REQUESTED OF COUNCIL: Approve and Award contract. BACKGROUND RATIONALE: Cortina Lane is scheduled to undergo an asphalt overlay, major drainage improvements, and road widening at sections less then 20' in width, during the 2002 construction season under the capitol streets maintenance budget. The need for these improvements is prompted by the deteriorating pavement, the poor drainage system currently in place, and safety hazards along the roadway. Cortina Lane currently has a varying width of asphalt anywhere from 24' to 16'. The narrow sections present a major safety hazard to all vehicle, bicycle, and pedestrian traffic. Since Cortina Lane is the only access to the popular Davos Trailhead, pedestrian, bicycle, and vehicular traffic volumes are much larger than on other typical residential streets within Vail. The narrow widths combined with poor sight distance and steep road grades present a serious hazard to the traveling public. The current drainage system poses a safety hazard as well. The 2' to 3' deep ditches located on the north side of the road are a hazard due to there close proximity to the edge of the existing asphalt. They have proven to attract many stray vehicles, especially during the winter when the roads are slick. In addition to the safety hazards, the existing drainage system does not function properly. A good portion of the runoff runs along the south side of the road and flows down many of the steep downhill driveways. The rest of the runoff either F:mcaster//Tcmeet/2002/080602 runs down the middle of the roadway or sheets into the deep ditches. The Town's goal is to resurface the existing deteriorating asphalt, improve the drainage system by recrowning the roadway, adding curb, gutter and inlets, and replacing the open ditches with storm sewer pipe. The Town also plans on eliminating the existing safety hazards by maintaining a consistent asphalt width of 20' and by eliminating the open ditches. At the time this project was being developed the Eagle River Water and Sanitation District (ERW&SD) had determined that they would need to replace the existing 6" cast iron pipe waterline with a new 10" ductile iron pipe to prevent additional leakage and waterline breaks and to increase the fire flows to acceptable levels. In order to save both agencies time and money, the Town and ERWS&D, have designed and bid the project to be completed at the same time. By completing the construction jointly, both agencies will save money on cost-shared items, the construction time will be streamlined and completed as one instead of two separate projects, and disruption to the residents will be minimized to one construction time period. ERW&SD has Bid and accepted their portion of the work and are anticipating a start date of August 26th, 2002. The Town has received four bids for the "Cortina Lane Street Improvement Project". The bids are as follows: Bids: Contractor Total Bid B&B Excavating $204,396.15 Dallarosa Construction $278,895.02 Longs Excavation $312,385.00 Ewing Construction $325,913.00 B&B Excavating's bid is within budget. By completing the project now and having acost-share agreement with ERWS&D, the Town will save approximately $25,000 off the bid in construction costs, up to $2,000 in materials testing, and approximately $7,000 in survey work. Staff recommends awarding the project to B&B Excavating. The Project is scheduled to begin soon after ERW&SD's project and be substantially complete by October 31st, 2002. RECOMMENDATION: The Public Works Department recommends awarding the project to B&B Excavating. 6. Greg Hall ITEM/TOPIC: Parking Discussion. (1 hour) Mike Rose 7. Matt Mire ITEM/TOPIC: Resolution No. 11, Series of 2002, A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF VAIL, COLORADO CONCERNING AN INCREASE IN THE TOWN'S PROPERTY TAX; AND PROVIDING OTHER DETAILS RELATING THERETO. (1.5 hrs. for Items #7, 8, 9). F:mcaster//TCmeet/2002/080602 ACTION REQUESTED OF COUNCIL: Approve or deny Resolution No. 11. BACKGROUND RATIONALE: The Council has determined that in order to finance the construction, acquisition and/or maintenance of necessary capital projects and to avoid a reduction in the level and quality of Town services a tax increase is required. Article X, Section 20 of the Constitution ("TABOR") requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits established by TABOR. TABOR also requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can betaken on such ballot issues. November 5, 2002, is one of the election dates at which ballot issues may be submitted to the Town's electors pursuant to TABOR. As such, the Council has requested a resolution be drafted to allow the Town to seek voter approval to increase taxes for the purposes provided in Resolution No. 11. STAFF RECOMMENDATION: Approve or deny Resolution No. 11. 8. Matt Mire ITEM/TOPIC: Resolution No. 14, Series of 2002, A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF VAIL, COLORADO CONCERNING THE ISSUANCE OF BONDS AND INCREASE IN TAXES TO FINANCE A CONFERENCE CENTER; AND PROVIDING OTHER DETAILS RELATING THERETO. ACTION REQUESTED OF COUNCIL: Approve, deny, amend or table Resolution No. 14. BACKGROUND RATIONALE: Council has requested consideration of a resolution which would submit a ballot issue for the November 5, 2002, coordinated election contemplating an increase in taxes and the issuance of bonds to finance the construction of a conference center in the Town of Vail. STAFF RECOMMENDATION: Approve or table Resolution No. 14. 9. Matt Mire ITEM/TOPIC: Ordinance No. 24, Series 2002, AN ORDINANCE PROVIDING FOR THE USE OF THE UNIFORM ELECTION CODE IN CONNECTION WITH CERTAIN ELECTIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min.) ACTION. REQUESTED OF COUNCIL: Approve Ordinance No. 24 on first reading. BACKGROUND RATIONALE: It is necessary to utilize the requirements and procedures of the Uniform Election Code in lieu of the Municipal Election Code when the Town of Vail elects to participate in a coordinated election with Eagle County. Section 2.1 of The Town Charter allows the Town to elect, via ordinance, to utilize said requirements and procedures of the Uniform Election Code in these instances. STAFF RECOMMENDATION: Approve Ordinance No. 24 on first reading. 10. ITEM/TOPIC: Resolutions #12 and #13, Series of 2002, regarding Russ Forrest Vail Mountain School. (5 min.) 11. ITEM/TOPIC: Ordinances #21, 22, and 23. Series of 2002, Vail Mountain School, 1ST reading. (30 min.) Russ Forrest ITEM/TOPIC Amendment to the Vail Mountain School Development Plan and associated rezoning, land use plan amendments, and hazard area amendment requests F:mcaster//Tcmeet/2002/080602 located at Lots 11 and 12, Block 2, Vail Village 12tH and Tract C, Block 1, Vail Village 12tH ACTION REQUESTED OF COUNCIL: Approve, Deny, or Table Request The specific resolutions and ordinances being considered include: 1) Resolution 12, Series of 2002: A request to amend the official Town of Vail Land Use Map for Tract C, Block 1, Vail Village 12tH Filing from Low Density Residential to Public/Semi-Public; 2) Resolution 13, Series of 2002: A request to modify the official Town of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage Road/Lot 12, Block 2, and Tract C, Block 1, Vail Village 12tH Filling; 3) Ordinance 21, Series of 2002: A request to rezone Lot 12, Block 2, Vail Village 12tH F'""9 to General Use, The northern portion of this lot is zoned Agriculture Open Space; 4) Ordinance 22, Series of 2002: A request to rezone 3010 Booth Falls Road/Lot 11, Block 2, Vail Village 12tH Filing from Two-Family Residential to General Use; 5) Ordinance 23, Series of 2002: A request to rezone Tract C, Block 1, Vail Village 12tH Filing from Two-Family Residential to General Use; BACKGROUND RATIONALE: On August 12, 2002, the Planning and Environmental Commission unanimously recommended to the Town Council that they approve the above mentioned requests. The PEC also approved of three conditional use permits (conditions are in attachment B) and a preliminary plat for a major subdivision request. STAFF RECOMMENDATION: Staff recommends approval of the applicants requests based on the criteria, findings, and conditions outlined in the Planning and Environmental Commission memorandum dated August 12, 2002. 12. Matt Mire ITEM/TOPIC: Ordinance No. 19, Series 2002, an ordinance establishing tandards and regulations regarding the protection of wildlife. 2"d reading. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or reject Ordinance No. 19. BACKGROUND RATIONALE: This issue was discussed at council work session on July 2, 2002. At that time, the council's direction was to come back with an appropriate ordinance. For additional details please see the memorandum dated June 25, 2002 from Dwight Henninger and Matt Lindvall to the Vail Town Council. STAFF RECOMMENDATION: Approve, or approve with amendments, Ordinance No. 19 on second reading. 13. Town Manager's Report. (5 minutes) 14. Adjournment (10:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, SEPTEMBER 3, 2002, BEGINNING AT 2:00 P.M. IN THE F:mcaster//Tcmeet/2002/080602 TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, SEPTEMBER 3, 2002, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, SEPTEMBER 17, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, SEPTEMBER 17, 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//Tcmeet/2002/080602 -' August 20, 2002 i1 To: TOV Council Subject: TOV Resolution Candidate--An On-going Improvement Program The TOV council is our municipal government's equivalent to a private corporation's board of directors. In the same way that many corporate boards need to be more involved in the processes of how things get done, so might you be more tuned in. Currently, you are exercising your vested responsibilities regarding financial shortfalls. You have taken an immediate action by asking that departmental operating budgets be reduced by approximately five percent, yielding about one million dollars. Many active/retired CEOs and CFOs will go:.bn~record in stating that reductions of 5-10% as an initial first step is a prudent._ action. Subsequent steps need.to be balanced and well thought_oizt: As an analogy, longer term solutions to a water shortage should involve both conservation (you know it!spossible) and additional supply (with a lot of unknowns). Currently there is a proposal to raise property taxes, but the "conservation".side is-only addressed through a stop-gap operating budget .reduction move. [That's missing? As the TOV's board of directors, you need to be privy to what goes on between the inputs (dollars & headcount) and the outputs (services, infrastructure, etc.). This go-between is the "black:•-.box" containing the 'processes of providing services, infrastructure, etc.. Processes can and should be measured. It appears,.the only measure you have of the processes~of how things get done are contained in the annual opinion survey. ..: ... Members of the public rate the council, staff and some of the boards in an overall view. Other measures rate specific areas of service/infrastructure outputs. What else should we have?..... A Proposal For An On-going Improvement Program: o An going program that provides annual report measurements, mini improvement projects and generally providing another:.: layer of substance to the town's vision, mission and values. o Examples. of iteris.to be trend measured: - Decision Options: quantity & quality of decision options presented at departmental and council/public meetings. The focus is to expand the perspectives-given to decision- makers before something moves ahead. - Project Planning: Evaluating the frequency and understanding that upfront planning ($/time) pays a huge :dividend in the execution phase. This is not a no-brainer--American industry continues to re-discover the principals and practices. We have current and poignant examples where we could have done better. - (Page two of Rondeau's letter (8/20/02) to the TOV Council) - Bottom-up Idea Vitality: Providing a measure of the vitality of ideas generated by lst/2nd line employees and members of the public being seriously considered and .adopted :.~.i.Such measurements should also pickup the environment for potential whistle-blowers--being hea~~ '~ and fairly evaluated/appraised=for their willingness to come forward. o The typical setting for starting an improvement program is a departmental meeting which..is facilitated by a 3rd party and all members ".leave their stripes at the door." It is amazing how forthright and creative these sessions become. The end result is an honest assessment on a pre- determined rating scale and candidates for mini-projects to drive improvement. o The TOV may well be a five on a scale of one to ten (10 being the ultimate). -This would be great and it would create a substantial road for improvement, none-the-less. o Improvement programs have:varid.us names. For example, General Electric (one of the top 2-3 best managed companies) calls its 5-6 year old improvement program the Six Sigma measurement. It is addressed in. the.introductory paragraphs of their annual report. Summary I encourage the council to consider the notions presented izere in parallel with any notions~of raising the mil levy on property taxes. In fact, I believe two resolutions shouid..be joined together--both a supply proposal (any tax increase) and a conservation proposal„(opening the "black box"). Thanks for your consideration in this important matter. Sincerely, ~~9 Paul J. Rondeau G~~ Page 1 of 1 Mary Caster -VAIL MOUNTAIN SCHOOL RESOLUTIONS From: Mary Caster To: Russ Forrest Date: 8/14/02 9:09 AM Subject: VAIL MOUNTAIN SCHOOL RESOLUTION Your resolution numbers will be 12 and 13- sorry for the confusion! Please acknowledge that you received this- thanks! RESOLUTION NO. 11 Series of 2002 A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF VAIL, COLORADO CONCERNING AN INCREASE IN THE TOWN'S PROPERTY TAX; AND PROVIDING OTHER DETAILS RELATING THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council hereby finds and determines that in order to finance the construction, acquisition and/or maintenance of necessary capital projects and to avoid a reduction in the level and quality of Town services a tax increase is required; and WHEREAS, Article X, Section 20 of the Constitution ("TABOR") requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2002, is one of the election dates at which ballot issues may be submitted to the Town's electors pursuant to TABOR; and WHEREAS, the County Clerk of Eagle County (the "County Clerk") is conducting a coordinated election on November 5, 2002, pursuant to Section 1-7-116, C.R.S. WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes for the purposes provided in this resolution; and Vv`HERE.^ 1. 3. 4. Resolution No. 11, Series of 2002 ,S. it is the intent ul'lhi~ r~solutiot~ to address: ]mpi~u~~nlellts to Lic~i~sh~ad ~"illabo Improvementsto VailVillage improvements toLoading and Delivery Infrastn>cture The }~iringof additional firefighters 1 __..._-- ~For the benefit of residents and guests alike. ~ _~ ____ + - ~ Y WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW THREOFRE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, C.R.S., and TABOR. Section 2. Pursuant to the applicable laws of the State of Colorado, the Council hereby determines that an election shall be held on November 5, 2002, at which there shall be submitted to the registered electors of the Town the questions set forth in Section 3 hereof. The Town shall participate in the coordinated election being conducted by the County Clerk on November 5, 2002. The officers of the Town are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116 of the Uniform Election Code. Any such intergovernmental agreements heretofore entered into in connection with the Election are hereby ratified, approved and confirmed. Section 3. The Council hereby authorizes and directs the designated election official to certify to the County Clerk, on or before September 11, 2002, the ballot issue in substantially the form of the following question: SHALL TOWN OF VAIL TAXES BE INCREASED $2,300,000 ANNUALLY 1N 2003 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER FROM THE LEVY OF AN ADDITIONAL PROPERTY TAX OF NOT TO EXCEED FOUR MILLS FOR THE PURPOSES OF INCREASING FIRE_ PROTECTION AND SUPPRESSION; RESOURCES AND FOR :CONSTRUCTION, ACQUISITION, OR MAINTENANCE OF CAPITAL PROJECTS; AND SHALL THE PROCEEDS OF SUCH TAXES AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF Resolution No. 11, Series of 2002 2 THE COLORADO CONSTITUTION OR ANY OTHER LAW? Section 4. The Council hereby appoints-the Town Clerk as the designated election official for purposes of performing acts required or permitted by law in connection with the election. Pursuant to Section 1-1-111(2) C.R.S., all powers and authority granted to the Council may be exercised by the designated election official, including but not limited to the power to appoint election judges. Section 5. If a majority of the votes cast on the question to authorize the levy of taxes submitted at the election shall be in favor of the levy of taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action of the levy of taxes in accordance with such question. Any authority to levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 6. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 8. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Section 9. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of August, 2002. Ludwig Kurz, Mayor Resolution No. 11, Series of 2002 ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 11, Series of 2002 3VHS Eagle ~ Valley Alliance For ~ SustainabGity 1 PO Box 4923 Vail, CO 81658 www.eaglevalleyalliance.org Ph: (970)979-2440 F: (970)4'79-2452 August 20, 2002 Town of Vail 75 S. Frontage Road Vail, CO 81657 Vail Town Council: I'm writing this letter in support of the proposed Middle Creek employee housing development for the following reasons: meeting the need for housing for locals near the pedestrian village, meeting that need in a clustered, low-impact environmentally responsible manner, and offering an automobile-free lifestyle for those able to live and work in Vail. An estimated 500 vehicles a day consume parking spaces daily in Vail for commuting workers alone, using up valuable finite parking that otherwise should be available to guests. According to the Sonoran Institute report on Population, Employment, and Personal Income Trends for Eagle Coun ,gross income outflows outpaced inflows by around $57 million in 1999 alone, an indication of employees living outside Eagle County and commuting in daily to work. This disparity has steadily increased over the past 12 years. Not only are dollars being taken out of the local economy, but employees are being sentenced to long daily commutes just to have a place to call home. The environmental impact of commuting alone can be assessed in the following manner: The average daily commute in Eagle County is 18 miles. Ninety-one percent of commuters travel via single-occupancy vehicles. Given an average gas mileage of 20 mpg, providing local housing versus commuting workers in for 256 employees each year would save roughly 93,075 man hours, 83,768 gallons of gasoline, eliminate 838 tons of C02 emissions, or the equivalent of planting 349 acres of trees. Of course this doesn't include cost of roads, vehicles themselves, impacts to wildlife, sedimentation from road sanding, insurance, vehicular accidents, etc. In addition, plans for the development are to meet or exceed LEED or BuiltGreen Colorado environmental design standards, acting as a model for energy and water efficiency, sustainable site design, indoor air quality, and renewable material use. In 2000 when SKI magazine rated Vail as the #4 resort in the country, two weak points of the survey responses reflected Vail as being (a) too "old", and (b) too expensive. Adding an element youth and affordability near the village would add vibrancy and a piece to the community that otherwise seems to be lacking. The proposed Middle Creek development is beneficial with regards to the three criteria of sustainability: good for the local economy, good for the environment, and benefits community in the form of improved quality of life and retention of local employees. As a representative for the Eagle Valley Alliance for Sustainability, we endorse the proposed development. Sincer , Adam Palmer Executive Director, EVAS ~iugust 2~, 20c~2 Vail Town Council 75 S.oLth Frontage Road Vail, CO 81657 Dear Council Members, T am concerned that the proposed Middle Creek rental development is. in. danger of being scrapped. If we continue to concern ourselves solely with the aesthetic needs of the ultra rich, we will soon find the hole in our infrastructure beyond repair. A town needs to have people to run it. If we can't provide affordable living conditions within that town, who wi II be there to answer the 911 cn) ls, or care for the sick, or tench our children? It is time we put some serious effort into making living here affordable for the people who keep this town going, and not just in keeping those with deep pockets fr®m living Too near anyone who might offend their sensibilities. Si ncereiy, r ~~~ ~. wren Zndkovic Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vail.co.us (970) 479-1860 phone (970) 479-2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for-sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advaritages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. ~~ ~~jt~'1 x/76- 7.~7~ Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vail.co.us (970) 479-1860 phone (970) 479-2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for-sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. ~~~ G~ cr/cJ~? r- ~ ~ ,, 1, ~~c;~t,~'~ /~ ~~12~~ ~~~~ ;~ . ~1~~ ~ iv~ Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vail.co.us (970) 479-1860 phone (970) 479-2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for-sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particu-ar has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. . ~,u~''~ !~~i°~.~~ ~ ~ v~l v ~ ~vMM/~ 3 ~O ~ ~l~ ~ ~ ~I L iU°~~7 ~N ~ ~ 7 ~ ~ ~ti~ SG~~ ,d~`~ Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vail.co.us (970) 479-1860 phone (970) 479-2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for-sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. ~tti,~ J Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vail.co.us (970) 479-1860 phone (970) 479-2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for-sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has-the advantages of_being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. . ~?dd-IJWI~ ~CC5~ 1-eac:~~~r i Fiber Optic Tree Lights at Village Center Fact Sheet Background Council approved $28K in the 2002 Public Works budget to install a fiber optic light system on the large tree at Checkpoint Charlie.. (Fiber optic lights would allow the color of the tree lights to be changed by switching colored filters (e.g. the tree could be red for~St. Valentine's Day; green for St. Patrick's Day; or red/white/blue for the Fourth of July), making it a year- round attraction.) Unfortunately, the bid that was received to install the lights was approximately 50% higher than budget, so an alternative was proposed by Public Works: install the lights on a smaller tree with Public Works personnel assisting in the installation. This approach would allow Public Works to evaluate whether they could do the installation on the larger tree themselves and perhaps bring the project back within budget. It would also permit a better estimate of the number of lights needed to get the desired visual effect. Several locations were considered for the pilot~tree, but all were eventually rejected for various reasons. Proposal At a meeting with Fred Hibbard, owner of the Village Center commercial properties, and most of the Village Center business owners, the topic of removing four large trees in front of Pismo/Pazzos/La Tour was discussed. These once-small trees have become overgrown and now block several storefronts. I proposed moving the trees to another location in Town, if possible, or otherwise just removing them and installing one smaller tree in their place on which the fiber optic lights would be installed. Some of the vacated space could be used as a stage or seating for street performances. Everyone agreed this was desirable and supported the proposal. Since the trees are located on Town of Vail property (Fred Hibbard assures me that this is the case), staff advised that Council would have to give its permission for this proposal to be reviewed by the DRB before it could start through the process. Request Permission is being requested from Council to allow the proposed project to be reviewed by the DRB. Granting this permission does not mean that Council is approving the request to install the new tree and fiber optic lights. The project would still have to be reviewed and approved by the DRB, and Council will still have its normal right to review their decision. ~' ~ti RESOLUTION NO. 11 Series of 2002 A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF VAIL, COLORADO CONCERNING AN INCREASE IN THE TOWN'S PROPERTY TAX; AND PROVIDING OTHER DETAILS RELATING THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council hereby finds and determines that in order to finance the construction, acquisition and/or maintenance of necessary capital projects and to avoid a reduction in the level and quality of Town services a tax increase is required; and WHEREAS, Article X, Section 20 of the Constitution ("TABOR") requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the Town'to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2002, is one of the election dates at which ballot issues may be submitted to the Town's electors pursuant to TABOR; and WHEREAS, the County Clerk of Eagle County (the "County Clerk") is conducting a coordinated election on November 5, 2002, pursuant to Section 1-7-116, C.R.S. WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes for the purposes provided in this resolution; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW THREOFRE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Resolution No. 1, Series of 2002 Section 1. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, C.R.S., and TABOR. Section 2. Pursuant to the applicable laws of the State of Colorado, the Council hereby determines that an election shall be held on November 5, 2002, at which there shall be submitted to the registered electors of the Town the questions set forth in Section 3 hereof. The Town shall participate in the coordinated election being conducted by the County Clerk on November 5, 2002. The officers of the Town are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116 of the Uniform Election Code. Any such intergovernmental agreements heretofore entered into in connection with the Election are hereby ratified, approved and confirmed. Section 3. The Cowlcil hereby authorizes and directs the designated election official to certify to the County Clerk, on or before September 11, 2002, the ballot issue in substantially the form of the following question: SHALL TOWN OF VAIL TAXES BE INCREASED $2,300,000 ANNUALLY IN 2003 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER FROM THE LEVY OF AN ADDITIONAL PROPERTY TAX OF NOT TO EXCEED FOUR MILLS FOR THE PURPOSES OF CONSTRUCTION, ACQUISITION, OR MAINTENANCE OF CAPITAL PROJECTS; AND SHALL THE PROCEEDS OF SUCH TAXES AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Section 4. The Council hereby appoints the Town Clerk as the designated election official for purposes of performing acts required or permitted by law in connection with the election. Pursuant to Section 1-1-111(2) C.R.S., all powers and authority granted to the Council may be exercised by the designated election official, including but not limited to the power to appoint Resolution No. 1, Series of 2002 2 election judges. Section 5. If a majority of the votes cast on the question to authorize the levy of taxes submitted at the election shall be in favor of the levy of taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action of the levy of taxes in accordance with such question. Any authority to levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 6. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 7. if any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 8. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Section 9. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20`I' day of August, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 1, Series of 2002 RESOLUTION NO. 14 Series of 2002 A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF VAIL, COLORADO CONCERNING THE ISSUANCE OF BONDS AND INCREASE IN TAXES TO FINANCE A CONFERENCE CENTER; AND PROVIDING OTHER DETAILS RELATING THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council hereby finds and determines that it is in the public interest to finance the construction of a conference center in Town and that it is necessary to increase taxes and issue bonds for such purpose; and WHEREAS, Article X, Section 20 of the Constitution ("TABOR") requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2002, is one of the election dates at which ballot issues may be submitted to the Town's electors pursuant to TABOR; and WHEREAS, the County Clerk of Eagle County (the "County Clerk") is conducting a coordinated election on November 5, 2002, pursuant to Section 1-7-116, C.R.S. WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes for the purposes provided in this resolution; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. Resolution No. 14, Series of 2002 NOW, THERFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, C.R.S., and TABOR. Section 2. Pursuant to the applicable laws of the State of Colorado, the Council hereby determines that an election shall be held on November 5, 2002, at which there shall be submitted to the registered electors of the Town the questions set forth in Section 3. hereof. The Town shall participate in the coordinated election being conducted by the County Clerk on November 5, 2002. The officers of the Town are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116 of the Uniform Election Code. Any such intergovernmental agreements heretofore entered into in connection with the Election are hereby ratified, approved and confirmed. Section 3. The Council hereby authorizes and directs the designated election official to certify to the County Clerk, on or before September 11, 2002, the ballot issue in substantially the form of the following question: SHALL THE TOWN OF VAIL DEBT BE INCREASED $50,060,000 WITH A REPAYMENT COST OF $95,610,000 AND SHALL TOWN TAXES BE INCREASED $3,830,000 ANNUALLY FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND OPERATION OF A CONFERENCE CENTER SUBJECT TO THE FOLLOWING LIMITS: • THE TAX INCREASE SHALL BE ACCOMPLISHED BY THE LEVY OF A TOWN LODGING TAX AT THE RATE OF 1.50% AND AN INCREASE IN THE TOWN SALES TAX RATE FROM 4.00% TO 4.50%; • THE LODGING TAX SHALL BE LEVIED ON THE PRICE PAID FOR THE RENTING OR LEASING OF LODGING FOR LESS THAN THIRTY CONSECUTIVE DAYS; Resolution No. 14, Series of 2002 2 • THE INCREASED SALES TAX SHALL APPLY TO ALL TRANSACTIONS THAT THE TOWN'S EXISTING SALES TAX APPLIES TO EXCEPT FOR THE SALES OF FOOD FOR HOME CONSUMPTION; • THE INCREASE IN THE SALES TAX SHALL TERMINATE WHEN THE DEBT IS PAID IN FULL BUT THE LODGING TAX SHALL CONTINUE TO BE COLLECTED AFTER SUCH PAYMENT IN FULL FOR THE PURPOSE OF OPERATING THE CONFERENCE CENTER; • SUCH DEBT SHALL BE EVIDENCED BY THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE TAXES AUTHORIZED BY THIS. QUESTION AND OTHER TOWN REVENUES AS THE COUNCIL MAY DETERMINE; SUCH BONDS TO BE SOLD IN ONE OR MORE SERIES ON TERMS AND CONDITIONS AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN COUNCIL MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REV ENUE CHANGE UNDER ARTICLE X, SECTION 20 OF T_HE COLORADO CONSTITUTION? Section 4. The Council hereby appoints the Town Clerk as the designated election official for purposes of performing acts required or permitted by' law in connection with the election. Pursuant to Section 1-1-111(2) C.R.S., all powers and authority granted to the Council may be exercised by the designated election official, including but not limited to the power to appoint election judges. Section 5. If a majority of the votes cast on the question to authorize the bonds and the levy of taxes submitted at the election shall be in favor of issuance of the bonds and the levy of taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action to issue the bonds and the levy of taxes in accordance with such question. Any authority to issue the bonds and levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue the bonds and levy the taxes Resolution No. 14, Series of 2002 -, so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred Section 6. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 8. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. INTRODUCED, READ, APPROVED AND ADOPTED this 20`i' day of August, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Town of Vail, Colorado Resolution No. 14, Series of 2002 4 ORDINANCE NO. 24 Series of 2002 AN ORDINANCE PROVIDING FOR THE USE OF THE ,UNIFORM ELECTION CODE IN CONNECTION WITH CERTAIN ELECTIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Section 2.1 of the Charter provides that Town elections are to be governed by the Colorado Municipal Election Laws except as otherwise provided by the Charter or an ordinance; and WHEREAS, pursuant to Section 1-1-102, C.R.S., the Town may provide by ordinance that it will utilize the requirements and procedures of the Uniform Election Code of 1992 (the "Code") in lieu of the Colorado Municipal Election Code of 1965 with respect to any election; and WHEREAS, the Code provides that the County Clerk of Eagle County may conduct coordinated elections in November of each year; and WHEREAS, it is necessary to permit the use of the Code when the Town is participating in a coordinated election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town shall utilize the requirements and procedures ofthe Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S., as amended from time to time, in lieu of the Colorado Municipal Election Code of 1965, Article 10 of Title 31, C.R.S., as amended from time to time, with respect to any coordinated election (as defined in the Code) in which the Council has decided the Town should participate. Section 2. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104 C.R.S., and TABOR Ordinance 24, Series of 2002 1 Section 3. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section 4. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. Section 5. This Ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 6. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of August, 2002 and a public hearing shall be held on this Ordinance on the 3rd day of September, 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 this 3rd day of September, 2002 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 24, Series of 2002 2 ORDINANCE NO. 19 SERIES 2002 AN ORDINANCE ESTABLISHING REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail, and the wildlife indigenous to this valley, would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, maintaining a sustainable wildlife and bear population in the Vail Valley depends upon minimizing human conflicts with bears and other forms of wildlife; and WHEREAS, The Council finds that the feeding of wildlife within the Town of Vail constitutes a menace to property and to the health, welfare, peace and safety of the citizens of Vail; and WHEREAS, human refuse provides an abundant yet unhealthy supply of food for wildlife, which supports artificially high populations and places an additional strain on the supply of naturally occurring foods; and WHEREAS, reported human-bear conflicts have dramatically increased over the past twelve (12) months; and WHEREAS, adopting regulations for proper storage of food or refuse edible by bears and other forms of wildlife has been proven to reduce conflicts between humans and wildlife. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: Title 5 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 9, "Wildlife Protection," to read as follows: Section 1. Purpose The purpose of this Chapter 9 is to protect and maintain wildlife in the Town of Vail and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. Section 2. Definitions A. Wildlife -Any undomesticated animal, including but not limited to elk, deer, sheep, lynx, skunks, gels, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. B. Resident -Any person, firm, corporation or organization within the Town of Vail or on Town controlled land. Section 3. Residential Refuse Disposal A. All residential refuse containers that receive garbage and/or refuse edible by wildlife must be secured in a manner that does not create an attraction for wildlife. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way er~ly at or after 6:00 a.m. on the morning of pickup. After pickup, the \\Vail\data\mmire\Ordinace19withstrikeouts.doc containers must be re-secured ~ ~ in an appropriate manner by 7:00 p.m. Section 4. Special Event.Refuse Disposal Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate containers or enclosures or be removed to an appropriate disposal site. Section 5. Construction Site Refuse Disposal All construction sites must have a designated container that receives refuse edible by wildlife. ~h+s ~ag. The refuse in this container shall be emptied at the end of each workday and deposited into appropriate containers or enclosures or be removed to an appropriate disposal site. Section 6. Feeding of Wildlife Prohibited A. No person shall intentionally or unintentionally feed or provide food in any manner for wildlife on public or private property within the Town of Vail. A person will be considered to be in violation of this ordinance if they leave or store any garbage, refuse or food product in a manner that would create an attraction for wildlife. B. No person shall leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure, attraction or enticement for wildlife. C. Bird feeders are allowed. However between the dates of April 15th and November 15th, all bird feeders must be suspended on a cable or other device so that they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. D. Exceptions: This regulation shall not apply to: 1) Any individual, company or corporation that is duly licensed by the State of Colorado or otherwise entitled under law posses a wildlife species; 2) Any action that is officially sanctioned by the State of Colorado that would require feeding, baiting, or luring of wildlife. (An example of one such action would be scientific projects dealing with capturing and tagging wildlife); 3) the feeding of wild birds, unless the bird feed begins to attract other forms of wildlife. Section 7. Enforcement Town of Vail Police and Code Enforcement officers shall have the power to issue a warning notice or a summons and complaint to any person in violation of this Chapter 9. Section 8. Penalty Assessment Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be handled in the following manner: A. First Violation: The first violation of this Chapter will result in a Notice of Violation to an alleged offender. The alleged offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers, and use of bear \\Vail\data\mmire\Ordinace19withstrikeouts.doc resistant refuse containers. Said notice shall include a reasonable time schedule for compliance. An alleged offender who timely complies with the first Notice of Violation will not be subject to the penalty provisions of this Chapter. B. Second Violation: The second violation of this Chapter will result in another Notice of Violation, as well as a Summons and Complaint. Two Notices of Violation within a twelve (12) month period will subject the violator to the penalty provisions of this Chapter. Failure to comply with the first Notice of Violation within the designated time frame may be deemed a second violation. The second Notice of Violation shall include a compliance schedule when applicable. C. Subsequent Violation(s): Offenders who have violated this Chapter more than two times within a twelve (12) month period or continue to fail in achieving timely compliance with a previous notice will be subject to a graduated fine schedule as set forth herein. Section 9. Penalties A. The graduated fine schedule for the penalty assessment procedure is as follows: Warning for the first violation. $100 to $250 fine for the second violation within twelve (12) months of the first violation, or failure to comply with the designated compliance schedule associated with the first violation. $250 to $999 fine for each successive violation within twelve (12) months of the previous violation, or failure to comply with the designated compliance schedule associated with the second or subsequent violation. B. Any Town of Vail Police or Code Enforcement Officer shall have the authority to issue Notices of Violation, summonses and complaints for violation of any provision of this Chapter. C. In addition to the criminal enforcement set forth above, The Town of Vail may seek injunction, mandamus, or other appropriate civil relief to enforce the provisions of this Chapter. Section 10. Violator's Responsibilities In addition to the penalties outlined herein, violator's will be required to perform all necessary actions to remove or abate attractants of wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife resistant containers and/or wildlife proof containers. Section 11. Notice of Violation A resident shall be deemed to have been issued an appropriate Notice of Violation if it is personally served upon the resident, posted on the resident's premise, or placed in the U.S. Mail, postage prepaid and addressed to the resident according to the last known address given by the resident to any Town of Vail or Eagle County government department. If the identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. \\Vail\data\mmire\Ordinacel9withstrikeouts.doc Section 12. 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 13. 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 14. 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. Section 15. 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 6th day of August, 2002 and a public hearing shall be held on this Ordinance on the 20th day of August, 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 \\Vail\data\mmire\Ordinace19withstrikeouts.doc 4 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of August, 2002 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk \\Vail\data\mmire\Ordinace19withstrikeouts.doc MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin,~ Town Manager RE: Town Manager's Report DATE: August 20, 2002 SUMMER COMMUNITY PICNIC The third and final community picnic, which will be hosted by the town's admin. staff, is scheduled from noon to 1:30 P.M. this coming Thursday, August 22, at Stephens Park in Intermountain. Council attendance is highly recommended. Please let Mary or Suzanne know if you're planning to join us. WHITEWATER PARK IMPROVEMENTS. Several weeks ago we discussed the possibility of making improvements to the third hole in the Vail Whitewater Park. As you may recall, this third hole is immediately beneath the pedestrian bridge on the Gore Creek promenade. At that time, the Council directed that we move forward with the improvements to the Whitewater Park, but leave the pedestrian bridge in place. Subsequent discussions with our designers and engineers have made me aware that it is impractical to make the improvements to the Whitewater Park without the removal of the pedestrian bridge. As indicated, this is due to the location of the hole immediately beneath the bridge. If you wanted to proceed with this project (bridge and Whitewater improvements) the following is a cost summary of the project: Pedestrian bridge structure Bridge design inc snowmelt Artist designed railing Bridge project management Contingency 10% Subtotal Pedestrian bridge $74,000 $33,000 $35,000 $7,000 $14,900 $163,900 Water park construction $40,000 estimate Design estimate $10,000 Contingency 10% $5,000 Subtotal water park $55,000 Total project cost estimate $218,900 If you wish to proceed with the complete project as discussed, we could have this project completed by May 15 of 2003. Please advise as how you wish us to proceed. UPCOMING ITEMS: Work Session, September 3, 2002 Interview RFP Respondents for Information Centers Overview of Municipal Facilities Masterplan. Evening Meeting, September 3, 2002 Selection of Contractor for Information Centers Open Space Initiative Presentation 2"d reading of Vail Mountain School ordinances 08/14/2002 22:09 516-287-1710 ITTLESON PAGE 01 Poco Sabo Plantation Dear: 1Vlayor and Town Council August 11,2002 Planning and Environmental Commission Design ReviewlBoard I as a property owner, believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world•class scenic image of Vail's main entrance. We urge the Town of Vail to signifcantly reduce the size of the housing project or move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve ar~d protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable ernptoyee housing should not be attempted where it is neither appropriate nor affordable. ~ Thank you fox your attention to my thoughts. Sincerely, .~~ /~C~tlRy /~ - ~/Elo ~ i 1185 Poco Sabo Lane • Qreen Fond, SC • 29446 • Tel:'(843) 8442500 • Fax; (843) 8448024 • email• itt®Iowoouncry.oam ~~~ ~- ~ , -v-~ ~~, ~~ ~- ~ .~~ ~ ~- ~ ~ ~ ~?e-~. ~ $. ~.~~- CL~eayia a~ 5e~a,Gd Stempler~ ~ ~ ,~~'~,e ~,~~ ,~..._. . ~~~ ,~~u,~',u~ ;~ eA..b ,~ri-u ~~ ~~~~ 4 .. it s ,~ ~~ x~" }, ~~ i 't ~ / O f N. d ', f ~ i p ~\~ , ~ _ 1 < .; . , ~revze~-~~ ~ r, ~ freedom. ~ncfi ~ , .~.. a ~ , ~~ _ ~ r.:, ~. - `~, - , _ In ~ ~~ - ~ - - .manor Qf ~ ~ s n _ •~ ou:r m~ortaut ,~ ~ _ _ _ .; ~ ~ ,~ _ 1 contri~u-tors f ~ , _ o ~ - ^ ~ ~ ~ ~ 1 ' ~1Tedn '1 ! ~~ j ~ ~ 3 h ' ~ V ~ ~( J s. ~ ~ ~ r. ~ - ~:.. "' s li j ' t ~ ~ t < ~~... +f + 970/94 9-i D ( ~~ _ '_ ~a:~ , ~~~ .}'ree~c~m. Ranch ~ i , 2'"a ~. -. 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Y ~° '' - - ,,,,~ Aug•13. 2002 1:44AM ATLANTIS No.1023 P. 2 August 13, 2002 Town of Vail Sign Cade- Revised Chamber of Commerce Talking Points SIMPLIFIED SIGN ZONE DISTRICTS: A The Vllage Zone 1 The majority of the Town of Vail 2 Pedestrian Scale B Heavy Commercial: ~ Includes and is generally limited to intense commercial zones of West Vail and service station zone areas along Interstate (CC3 and ABD Planning Zones) 2 Larger sign area allowances appropriate to vehicular traffic 2 SIGN AREA CALCULATIONS: A Sign Area Allowance Matrix makes understanding allowed sign areas easier 1 Ties sign area allowances to linear feet of storefront B Diagram illustrations make calculations easy to understand C Sign area ca~ulation methods provide the opportunity far very simple sign area calculations as well as more complex but more efficient professionally done calculations by sign companies or design professionals. 3 SIGN TYPES AND CLASSIFICATIONS A Clearly divided into purpose and forms of signs B Carefully reviewed to eliminate classifications not used. C Revisions to sign types include simplified, easily understood descriptions D New classifications including Outdoor Displays and Window Display Signs 1 Eliminates ambiguities of current ordinances. 4 ENFORCEABLE A t)esign guidelines are clearly written, with diagrams and illustrations making enforcement of sign requirements easier. 8 Administration of sign code is clear, simple and immediate. C Careful attention paid to making enforcement issues fair, understandable ~ . Faz 970.92b.T1b9 Page 1 of 1 Mary Caster - Fw: Countywide Open Space Tax From: "DIANA DONOVAN" <dianamdonovan@msn.com> To: "Pam Brandmeyer" <pbrandmeyer@ci.vail.co.us>, "Town Council" <towncouncil@ci.vail.co.us> Date: 8/13/02 6:07 PM Subject: Fw: Countywide Open Space Tax ----- Original Message ----- From: "Patsy Batchelder" <patz@vail.net> To: <dianamdonovan@msn.com> Sent: Tuesday, August 13, 2002 1:21 PM Subject: Countywide Open Space Tax > Dear Vail Town Council Members, > You will be receiving a similar letter from Citizens for Open Space > coordinator Diana Cecala, but as citizens of Vail, we wanted to > provide the following current information on the countywide open > space tax proposal. > The ballot language and ordinance should be drafted by the county > next week and we will get it to you ASAP, but basically, the proposal > is for a countywide 1.5 mil levy property tax increase which would > generate 2.8 million dollars annually, dedicated to open space land > or conservation easement purchases. > It is our feeling that if we cannot get voter approval of the > initiative this year, key parcels needing to be protected along the > I.70 corridor will no longer be available for open space protection. > We are requesting that before the Vail Town Council considers and > takes any position on this countywide initiative that members of our > committee meet with staff and town council members to discuss options > to gain the council's support and that a formal meeting be noticed > and held to solicit public comment on this critical issue. > Sincerely, > Patsy Batchelder > Andy Wiessner > Tom Steinberg > Rick Rogers > Vail Members of the Citizens for Open Space Committee xC. CG~,u.«,~ PO Box 2107 Edwards, Colorado 81632 Citizens F or O pen Spa ce Memo To: Diana Donovan From: Diana Cecala, Coordinator, Citizens For Open Space CC: Date: August 12, 2002 Re: Open Space Initiative Andy Weisner told me he had talked to you and that you would be interested in having us send you a memo updating you on where we are with the Open Space Initiative. I wanted to try to provide you with as much information as we have. Currently the Citizens For Open Space group is working with the County Attorney's Office to draft ballot language and language for the ordinance. As you know, this process has been complicated by the fact that the County Attorney, Tom Moorhead, is leaving office tomorrow before he moves to his new position as judge. Diana Morielli is taking over and drafting the language for us. We have submitted draft language for the ballot question as well as recommendations for the ordinance. The County Attorney's Offfice is taking our recommendations, along with those of the Commissioners, and crafting the final language for the ballot and the ordinance. My understanding is that the final language will be ready by next week. What we proposed in the ballot language is a simple 1.5 mil levy to be applied by Eagle County to be used for the acquisition of open space to preserve wildlife habitat, protect working farms and ranches, conserve scenic landscapes and vistas, protect wetlands and floodplains, and provide public access points to rivers and streams. At this level, each homeowner would pay $13.73 per year for a home with a market value of $100,000. The initiative would raise approximately $2.8 million per year at the current assessed values. In the ordinance, we proposed the organization of a 9 member Citizens Advisory Board to make recommendations to the County Commissioners regarding expenditures. There would be one representative from Vail to be nominated by The Town of Vail. Andy mentioned that you had discussed the possibility of getting some money back for the Town of Vail. I am not at all sure that this is possible, but if such an arrangement were possible legally, my understanding is that the money retrieved would have to be spent in accordance with the county guidelines for the tax -that is, the money would have to be spent to acquire passive, open space as described above. As a citizens' group with a number of Vail residents, The Citizens For Open Space understands that the Town of Vail, and indeed all the governing entities in the valley, suffer severe funding constraints at this time and have many competing tax priorities. We have faith in our survey that indicated a 66% voter support level for our initiative across the county. We urge all municipalities to consider this broad base of support, and put aside their own specific priorities in favor of an initiative which clearly benefits the county as a whole. Although the Town of Vail may have little open space left to acquire inside the town limits, it is undoubtedly true that the tourists who come to Vail want to see a beautiful face on our county, one that reflects our western heritage rather than the dense development and generic national chain stores that mar so many locations across the country. For these reasons, we would hope that the Town of Vail would adopt a positive or at least neutral stance towards our initiative. Before your Town Council adopts any position on the open space ballot question, The Citizens for Open Space requests the opportunity to come before you to discuss the initiative and seek your endorsement. We also request that the Council allow formal public comment on this issue before adopting any stance. We thank you for your consideration in this matter. • Page 2 ,~' ' n1. Cana and 5~r~aGd StempCer~ ~~G ~~a,~ ~ ,~e~~ ~.~r~ ~b~ ~ ~~ ~~~~~~ ~a~~f~ ~ ~ ~ /~ ~ .,~L ~ ~~~ ~~~ ~~~~ C17eana and 5~r~aGcd Stempler~ .~,,.~ ~~~"~ ~~~ ~~~ ~~ ~~ -~