HomeMy WebLinkAbout2010-12-21 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA "fi TOW
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., DECEMBER 21, 2010
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 (15 min.)
PRESENTER(S): Public
2. ITEM /TOPIC: Town Manager's Report (15 min.)
3. ITEM /TOPIC: Consent Agenda:
Approval of November 2, 2010 and November 16, 2010 meeting minutes (5
min.)
4. ITEM /TOPIC: Dave Chapin Recognition of Service to the Town of Vail (5
min.)
PRESENTER(S): Sybill Navas and Bob McKown
5. ITEM /TOPIC: Ordinance No. 23, Series of 2010, an emergency ordinance
amending Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to
establish regulations for informational and directional signs for public parking
on private property and allowing the Administrator to approve said signs
subject to review, and setting forth details in regard thereto, and declaring an
emergency. (15 min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No. 23, Series of
2010.
BACKGROUND: On December 7, 2010, Staff facilitated a discussion with
the Vail Town Council regarding the Town's parking policies for public
parking on private property in response to several citizen inquiries regarding
the ability to advertise and promote their parking. Staff recommended that
the Sign and Zoning Regulations be amended to facilitate public parking on
private property. The Vail Town Council instructed Staff to draft an
emergency ordinance to allow directional signage for public parking on
private property.
STAFF RECOMMENDATION: Should the Vail Town Council wish to allow
informational and directional signage for public parking on private property,
12/21/2010
Staff recommends that the Vail Town Council approve Ordinance No. 23,
Series of 2010.
6. ITEM /TOPIC: Ordinance No. 24, an emergency ordinance amending the
Town of Vail's Health Insurance Fund budget for 2010; making supplemental
appropriations thereto; and declaring an emergency. (5 minutes)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve Ordinance 24 as presented.
BACKGROUND: On December 17, town staff became aware of significant
medical claims in excess of those previously projected by our insurance
consultant. Because these claims will occur in 2010, they must be paid from
2010 funds. Approval of the emergency ordinance is needed to maintain
compliance with state statutes regarding the budgetary process.
STAFF RECOMMENDATION: Approve Ordinance 24 as presented.
7. ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town
Code, of the Town of Vail Design Review Board's denial of a minor exterior
alteration application to allow for the installation of special event banner
poles in the street right -of -way generally located at the intersection of East
Meadow Drive and Willow Bridge Road, and setting forth details in regard
thereto. (30 minutes)
PRESENTER(S): Bill Gibson, Planner; Pete Dunning, Design Review Board
Chair; Sybil Navas, Special Events Coordinator
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, the Vail Town Council shall uphold, uphold with
modifications, or overturn the Design Review Board's October 20, 2010
decision.
BACKGROUND: On October 20, 2010 the Design Review Board denied an
application to install special event banner poles in the street right -of -way
generally located at the intersection of East Meadow Drive and Willow Bridge
Road. On November 2, 2010 the Vail Town Council called -up (i.e. appealed)
the Design Review Board's decision. In accordance with the requirements of
Section 12 -3 -3, Appeals, Vail Town Code, a hearing of this appeal was
scheduled and noticed for the Council's December 7, 2010 public hearing.
On December 7, 2010 the Vail Town Council granted a continuance of this
appeal to its December 21, 2010 public hearing.
STAFF RECOMMENDATION: The Design Review Board recommends the
Vail Town Council upholds their October 20, 2010 decision.
8.
ITEM /TOPIC: First reading of Ordinance No. 22, Series of 2010, an
ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to
allow for digital format entertainment signs and menu box signs for theaters,
and setting forth details in regard thereto. (PEC100049) (30 min)
PRESENTER(S): Bill Gibson, Planner and David Kelley, Rodney Sartain
12/21/2010
Architects
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny the first reading of Ordinance
No. 22, Series of 2010.
BACKGROUND: On November 22, 2010 the Planning and Environmental
Commission held a public hearing to discuss the proposed amendments to
the Town's sign regulations. The Commission forwarded a recommendation
of approval, with modifications, for the proposed sign regulation amendments
to the Vail Town Council.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves Ordinance No.
22, Series of 2010, on first reading.
9. ITEM /TOPIC: Resolution No. 29, Series of 2010 a Resolution Approving an
Intergovernmental Agreement between the Town of Vail and Eagle County
Regarding Animal Control and Setting Forth Details in Regard Thereto. (5
min.)
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve and authorize the Town
Manager to enter into the IGA with Eagle County.
BACKGROUND: The Town of Vail (the "Town ") and Eagle County wish
to enter into a yearly Intergovernmental Agreement (the "IGA ") which
outlines the terms and conditions of the Animal Control services that will be
provided to the Town. The Council's approval of Resolution No. 28, Series
of 2010 is required to enter into an IGA.
STAFF RECOMMENDATION: Approve and authorize the Town Manager to
enter into the IGA with Eagle County.
10.
ITEM /TOPIC: Resolution No. 28, Series of 2010, a Resolution Approving a
Lease Agreement Between the Town of Vail and the Colorado Department of
Transportation Regarding Parking Along the Non - Travel Lanes of the
Interstate 70 Frontage Roads Located within the Limits of the Town; and
Setting Forth Details in Regard Thereto. (5 min.)
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Lease Agreement and
authorize the Town Manager to sign and enter into the Lease with CDOT.
BACKGROUND: The Town of Vail (the "Town ") and the Colorado
Department of Transportation ( "CDOT ") entered into a Lease Agreement
( "Lease ") which included a permit parking program utilizing the Vail Frontage
Roads for the 2009 -2010 ski season. On September 30, 2010, the Town
Manager sent a letter to CDOT outlining the terms of a Lease to use the
Premises for the permit parking program as well as overflow skier parking for
the 2010 -2011 ski season. Vail Resorts will be contributing $20,000.00 for
the Lease payment. The Town and CDOT wish to enter into a one year
Lease.
12/21/2010
STAFF RECOMMENDATION: Approve the Lease Agreement and authorize
the Town Manager to sign and enter into the Lease with CDOT.
11. ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town
Code, of the Town of Vail Planning and Environmental Commission's
approval of a request for a conditional use permit pursuant to Section 12 -9C-
3, Conditional Uses, Vail Town Code, to allow for the construction of active
outdoor recreation areas, facilities, and uses (lightning shelter), generally
located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7,
and setting forth details in regard thereto. (5 minutes)
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, grant a continuance of this item to the Vail Town Council's
January 4, 2011 public hearing to allow the parties additional time to obtain
information.
BACKGROUND: On November 2, 2010 the Vail Town Coucil granted a
continuance this item to the Council's January 4, 2011 public hearing. Since
that hearing, the applicant (Vail Recreation District) and the
appellants (Susan P. Johnson and Vail Mortgage Trust) have been
negotiating an alternative location for the proposed golf course lightning
shelter. Both the applicant and the appellant are requesting additional time
to continue their negotiations.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council
grants a continuance of this item to the January 4, 2011 Town Council public
hearing to allow the parties additional time to obtain information.
12. ITEM /TOPIC: Adjournment (8:15 p.m.)
12/21/2010
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Citizen Participation
PRESENTER(S): Public
12/21/2010
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Town Manager's Report
12/21/2010
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Consent Agenda:
Approval of November 2, 2010 and November 16, 2010 meeting minutes
ATTACHMENTS:
November 2, 2010 Council Meeting Minutes
November 16, 2010 Council Meeting Minutes
12/21/2010
Vail Town Council Meeting Minutes
Tuesday, November 2, 2010
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kerry Donovan
Kim Newbury
Margaret Rogers
Susie Tjossem
Members Absent: Andy Daly
Kevin Foley
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Axel Wilhelmson, Vail property
owner and business owner, stated he would like the Council to review the possibility of
the Council reviewing and expanding the use of the cameras in Vail. He said someone
broke into his retail store ten days ago and he would like the security cameras to be in
use for the public's wellbeing. He said he has a petition with approximately 100
signatures on it from citizens that would like the cameras to be used for security
purposes. Cleveland stated the Council will revisit the Council's decision to not use the
cameras for anything but loading and delivery. All five council members present raised
their hands to revisit their decision at a later date.
The second item on the agenda was the Town Manager's Report. Kathleen Halloran,
Budget Manager, reviewed the revenue update with the Town Council.
Judy Camp, Finance Director, updated the Council on the Vail Reinvestment Authority
(VRA) Bonds. She said the VRA will issue $11, 940,000 million dollars in tax revenue
bonds sold at a premium for redevelopment of the Lionshead projects as previously
discussed. She said all the bonds received an A3 rating, which is an upper medium
grade and the overall interest rate is 4.2% including all costs. Camp thanked Sherman
and Howard, Piper Jaffray and U.S. Bank personnel for all their help during this
process. Rogers thanked Camp and all other entities involved for their work on the
project.
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The third item on the agenda was first reading of Ordinance No. 17, Series of 2010
regarding the 2011 Town of Vail Budget.
Kathleen Halloran reviewed the 2011 town budget with the Town Council. She said the
budget is $59.7 million for the 2011 budget year. She said $35,000 for the West Vail fire
station staffing is out of the budget and was the only change from October 19, 2010,
council meeting. Halloran said the bridge reconstruction is for new road and bridge
projects. Tjossem discussed increasing funding for the Jazz Foundation and discussed
the Commission on Special Events (CSE) funding. Tjossem recommended the Jazz
Foundation receive funding of $45,000. She stated special events are an important
economic engine for Vail and they help stimulate the economy.
Mia Vlaar, representing the Jazz Foundation, said they have a 2011 budget that
includes an additional five concerts in July. She said if the town granted the Jazz
Foundation an additional $20,000, the foundation has a donor that would match the
donation up to $20,000. The matching donation is not for the original $30,000 that the
town funded. The foundation needs $66,750.00 to extend and add the additional five
concerts in July. Bill Suarez, representing Billy's Island Grill and the Vail Chamber and
Business Association, said the Thursday evening jazz concerts boosts the Lionshead
area economy tremendously. Rob LeVine, representing the Antlers in Lionshead,
stated the jazz festival is an event that is consistent and is a good use of special event
dollars for the Lionshead area. Jim Lamont, representing the Vail Homeowner's
Association, stated the image of this endeavor brings a world class event into Vail.
Vlaar stated concerts would be added on June 30 th, and July 4th, plus 10 free concerts
in 5 weeks will be added with 2 free concerts on Labor Day weekend. Newbury said
she would like to take the $20,000 out of the Marketing Fund (collected from the
business license fees) fund balance for the CSE. Cleveland said the fund is for projects
like this. Rogers stated this is a small amount for this particular event.
Tjossem made a motion to approve on first reading, Ordinance No. 17, Series of 2010,
for the 2011 budget with an amendment to increase the funding for the Vail Jazz
Foundation by $20,000 from the Marketing Fund surplus for a Town of Vail total
contribution at $50,000. Rogers seconded the motion.
Additional discussion was held regarding adding an additional $100,000 for special
events. Newbury said the town earmarked money for the Quizno's pro - cycling event
totaling $175,000. Donovan said part of the CSE goal is to get all the special event
applications at one time and she is concerned an additional process would be created if
additional funds were earmarked separately from the CSE funds. Jen Bruno, a member
of the CSE, said if the town is going to set aside funds, then the Council should give
back more money to the CSE.
Rogers made a motion to add $100,000 to the CSE fund account. She feels the CSE
has been underfunded and is comfortable with the finance department projections.
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Adam Sutner, representing Vail Resorts (VRI), said VRI has upped their investment in
Vail for special events. Rich Ten Braak, of the VCBA, stated the more money given to
the CSE the better. There is not one event that is a silver bullet but it helps all across
the board.
Tjossem amended her motion to add $100,000 to the CSE budget, seconded by
Rogers. Donovan said she was on the CSE and she is not comfortable adding
$100,000 without knowing the impacts. Halloran said she is concerned about the
sustainability of this funding level in future years.
Zemler said he wants clarification that this is a one time infusion of funds. Donovan is
concerned that second year events may be an issue. Tjossem said there are other
conversations out there and the sponsorship atmosphere has to improve. Cleveland
said originally seed money for events was proposed and then the events would be self
sustaining. Cleveland said he will not support adding another $100,000 to the CSE
without having a discussion on how they fund events. Tjossem said the CSE has a
score card on evaluating each event. Newbury is not comfortable amending the budget
by $100,000 to fund the CSE. She said she can't support the proposal tonight and it's
premature. Cleveland said they should set aside the $75,000 separately for the bike
race.
Tjossem said she will remove the original motion and Rogers also removed her motion
seconding the original motion. Cleveland stated he would like all council members
present to vote on this. Zemler said the staff could look at the 2010 budget to
potentially fund $75,000 from surplus in the General Fund.
Tjossem made a motion to pass Ordinance No. 17, Series of 2010 on first reading,
adding $20,000 to the budget for the Jazz Foundation. The motion was seconded by
Rogers. A vote was taken and the motion passed 5 -0.
The fourth item on the agenda was Resolution No. 26, Series 2010, a resolution
approving a budget and making appropriations to pay the costs, expenses and liabilities
of the Vail Local Marketing District (VLMD), for its fiscal year January 1, 2011 through
December 31, 2011.
Kathleen Halloran stated the VLMD 2011 Operating Plan was presented to Council and
approved on September 21, 2010. She said staff recommends Council approve
Resolution No. 26, Series 2010; approving the submitted budget and appropriating
$1,999,750 for marketing related expenditures beginning on the first day of January,
2011 and ending on the 31 st day of December, 2011. She said $100,000 is included in
the budget for the Quizno's bike race.
Newbury made a motion to approve Resolution No. 26, Series of 2010. The motion was
seconded by Rogers. A vote was taken and the motion passed 5 -0.
The fifth item on the agenda was Ordinance No. 19, Series of 2010, an Emergency
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Ordinance amending Title 14, Development Standards, Chapter 10, Design
Review Standards and Guidelines, Section 5 Building Materials and Design,
establishing an administrative procedure allowing the administrator to approve an
otherwise prohibited design standard upon determination of an eminent peril to life or
property and amending the criteria for review of non - conforming roof covering materials;
setting forth details in regard thereto and declaring an emergency.
George Ruther, Community Development Director, stated on October 19, 2010, the Vail
Town Council instructed staff to prepare an emergency ordinance proposing
amendments to certain provisions of the adopted Development Standards to provide
greater flexibility and the administration of Section 5, Building Materials and Design,
Title 14, Vail Town Code and allow case -by -case review of design review applications
for structures in town with nonconforming roof covering materials.
He reviewed the ordinance and clarified changes to Council. He said there remains a
prohibition on changing roof materials on commonly connected properties. The
ordinance identifies issues that may make a hardship on property owners who can't
comply. The ordinance still requires uniform roof coverings. Rogers asked if the
administrator would be the Community Development Director or other planners. Matt
Mire said any decision by the administrator can be appealed to the Planning and
Environmental Commission (PEC) and the Town Council. Mire stated a neighbor could
have standing but the Council would have to determine who has standing. Rogers said
the problem is that if you have to appeal this, and staff says no, and it takes 3 -4 weeks
to get to PEC and then another 3 -4 weeks in front of Council, and then it isn't
extenuating circumstances.
Ruther said any decision staff makes could be appealed. Cleveland says it needs to be
an emergency and wants the language to stay same to be consistent across the code.
Rogers had another concern regarding nonconforming roof coverage materials.
Ruther said the ordinance only applies to shake roofs and wants to keep roofs looking
like they match and to limit replacement to imitation roof shake. Ruther said they are
seeing the synthetic products coming and going very quickly. Cleveland said he would
be comfortable allowing the same roof materials to be replaced and sunset this
ordinance to November 30, 2011; to revisit in a year to review consequences. Jen
Bruno, owner of the roof in question, said the neighbors and her husband have agreed
and approved an asphalt roof. She said the synthetic roof shake would be a financial
burden on the homeowners.
Rogers asked the fire chief his opinion on shake roofs. Chief Mark Miller said he
doesn't support shake roofs. Miller supports the decision the Council made to stay
away from wood shake shingles.
Ruther said staff thinks asphalt shingles will match better. Another option is to keep
working on it. It would still allow for the current owner to move forward.
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Cleveland said the ordinance needs to apply to everyone. Donovan said this issue
came up with solar panels.
Rogers made a motion to approve the emergency ordinance with modifications to
include a provision that the ordinance shall sunset six months from the date it becomes
effective. The motion was seconded by Newbury.
Ruther asked if staff should continue to pursue options. Ruther said it comes down to
the written assurance that the other half of the property will come in and change their
roof which would be done in a finite amount of time. Staff would like a binding
agreement so staff and the town can have a document to fall back on and have the
ability to add an additional layer of surety. He said both parties would sign an
agreement and this ordinance is needed for non - conforming issues. By getting the
adjacent property owners to sign an agreement, they will conform within a time frame.
Ruther said the staff recommendation was to deny this ordinance.
A vote was taken, Rogers and Tjossem vote to pass the ordinance; Cleveland, Donovan
and Newbury opposed, the motion failed, 2 -3.
A 5 minute break was taken.
The sixth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission (PEC)
approval of a request for a conditional use permit pursuant to Section 12 -9C -3,
Conditional Uses, Vail Town Code, to allow for the construction of active outdoor
recreation areas, facilities, and uses (lightning shelter), generally located at the #3
green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in
regard thereto.
Bill Gibson, Planner, stated on September 27, 2010 the PEC approved a request for a
conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code,
to allow for the construction of active outdoor recreation areas, facilities, and uses
(lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail
Village Filing 7, and setting forth details in regard thereto. On October 13, 2010 the
appellants Susan P. Johnson and Vail Mortgage Trust, represented by Sherman &
Howard LLC, filed an appeal of the PEC decision on October 25, 2010. Staff received a
phone call from the appellants' representative Jim Wear, Sherman & Howard LLC,
requesting that the Vail Town Council table this appeal to a future hearing to allow the
appellants additional time to obtain information about lightning shelters at other golf
courses. Mire explained the appellant has the last word.
Jim Wear with Sherman and Howard, representing Susan P. Johnson and Vail
Mortgage Trust, stated the shelter is too close to the Johnson home, and is within 50
feet of their backyard which diminishes the value of their house. The staff and PEC
could mitigate this issue and move the site of the shelter. The appellant suggests
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moving the shelter to the tee box of Hole Number 4 of the Vail golf course. The
appellant would be willing to pay the costs of relocating and landscaping the relocation
of the shelter.
Rogers asked if the appellant's position is to not have any shelters at all or at this
particular site. Jim Wear said if the shelters are constructed with the materials of what
is recommended now, then they should not have them at all, but the primary concern is
where this particular shelter is currently located. Gibson said the PEC did not hear or
discuss the consideration of the safety of the shelter.
Cleveland asked why the proximity was negative. Wear said the shelter is right outside
their back yard, and impedes their privacy and enjoyment of their property. He said
there isn't a lightning shelter this close to any other property in Eagle County. Ned
Gwathmey, a local architect, said he designed the Johnson house and the house next
door. He said staff has been cooperative in mitigating issues and if the shelter is
necessary, he would like it moved eight feet. He said the footprint is 16 feet by 16 feet
with no closed walls. Rogers asked if the Johnsons' had requested the walls be taken
off and if the relocation would impact other homeowners. Wear said "yes" but the
impact would not be as much as the Johnsons.
Bill Gibson stated all the criteria were in the attached PEC memorandum. David Viele,
a board member from the PEC, stated he was the dissenting vote. He said the number
four green is a separate application and separate review process from the number three
green. Tjossem asked Viele why he voted against it. He said primarily because the
homeowners bought their property with open space next to their property with the
expectation that it would stay open space. Secondly, an opportunity existed to have the
owners and the Vail Recreation District mitigate the issue and possibly moving the
shelter to another site. Rogers said the Council's role is to determine if the PEC
properly applied the code.
Viele said there is some discretion that the PEC can use. Newbury said the shelter was
a conditional use. Viele said there was an expectation that the view would stay open
space. Rogers asked Cartin if the setback violated any code requirements. Cartin said
this seemed to follow the code as prescribed. Per the town code there is no black and
white and PEC could make a decision. Jim Wear said the criteria affects surrounding
properties and didn't take into account how it affected this particular property.
Tjossem stated there was a lot of subjectivity and grey area. She said on the site visit
the shelter was too close to the house and was an undue burden on this homeowner.
Rogers said her concern sitting as the appellate board, is whether or not the PEC
applied the code properly. There is no citation of a violation of the code.
Mire said the appellant can appeal to district court. Tjossem said she would feel better
by asking this item be sent back to the PEC. Cleveland asked if the applicant has to
have more than one location to consider. Wear said yes. VRD is looking for the best
decision for the town.
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Rogers doesn't see any reason to not uphold the PEC decision. Joe Hanlon with the
VRD wants to be a good steward of the town's interest and wants to work with the
appellant. Mire said they could table and have the parties work on the issue and still
retain the right to make a decision. Jim Wear said his clients would be willing to work
on solutions with the VRD. Scott O'Connell, with the VRD, said the VRD would have to
go through the PEC process again if the shelter is moved to another site.
Rogers said she was in favor of tabling this item so the parties could work it out. Ruther
asked for a continuance to the December 21, 2010, meeting.
Newbury made a motion to continue this item to the December 21, 2010 meeting. The
motion was seconded by Rogers; a vote was taken and passed 5 -0.
The seventh item on the agenda was a request for permission to proceed through the
development review process to utilize Town -owned land located in the West Vail,
Stephens Park area for the purposes of a community garden project.
Megan McDonald, Vail Community Garden Committee, the Community Garden concept
gained new interest in 2010 when town staff published a request for interested parties in
the Vail Daily and received over 30 responses from citizens who support the project. Of
this group, the West Vail Community Garden Planning Committee was formed. The
Committee is requesting permission to proceed through the development review
process to obtain a conditional use permit for the garden as an active outdoor recreation
area pursuant to Section 12 -16 -1, Conditional Use Permits Purpose; Limitations, Vail
Town Code. Outdoor recreational activities are defined in Section 12 -2 -2, Definitions,
Enumerated, as activities "which involve organized or structured recreation that is
associated with recreational facilities, excluding buildings."
McDonald stated the committee wanted Council approval for the partnership to use the
land and the town would supply the water to the property. She said the community
garden members would do everything else. Donovan said concerns are $2,300 dollars
to get water which was supplied by town staff and asphalt millings and mulch are in kind
services and there was no mention made for elk or deer fencing. McDonald said they
want it to be simple and cost effective. The community garden would have perimeter
plants that deter the pests without fencing. Donovan said guidelines need to be airtight
on what's allowed, from crops to materials. She also asked if there would be funding in
place if the community garden is not supported in future years to get it back to its
original state. Newbury suggested Donovan should be part of the community garden
process.
Nick Courtens, an Intermountain resident, said he really wants to see the garden in his
neighborhood. Ann Saten, a 17 year resident, said this will be a great thing for the
community.
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Newbury made a motion to allow permission of the applicant to proceed through the
development review process; the motion was seconded by Donovan. A vote was taken
and passed 5 -0.
The eighth item on the agenda was Second Reading of Ordinance No. 16, Series of
2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, establishing
regulations for ski base area signs, and setting forth details in regard thereto.
Warren Campbell, planner, stated on October 19, 2010, the Vail Town Council
approved, with modifications, the first reading of Ordinance No. 16, Series of 2010, by a
vote of 4 -1 -0 (Foley opposed). The Community Development Department recommends
the Vail Town Council approves Ordinance No. 16, Series of 2010, upon second
reading. He said staff has done a more critical review and made changes to the
ordinance. The purpose was to clear up vagueness, provide consistent language, and
to make changes. Working with partners, including Vail Resorts, Inc. (VRI), the overall
intent was to create clear process.
Rogers made a motion to approve on second reading, Ordinance No. 16, Series of
2010; the motion was seconded by Tjossem.
Jeff Baab, from VRI, thanked Council for taking time to review this ordinance and
commended the town staff for spearheading the discussion on taking ski yard signage
to fruition. He said in the long run, this will streamline the process. He said this was
indicative of the collaborative efforts of town staff in getting this done. He thanked the
Council for their support and time.
A vote was taken, and the motion passed, 5 -0.
The ninth item on the agenda was Resolution No. 27, 2010, a resolution approving an
intergovernmental agreement between the Town of Vail and the County of
Eagle regarding recycle drop off site; and setting forth details in regard thereto.
George Ruther, Community Development Director, said the Town of Vail Community
Development Department is operating and maintaining a community recycling drop off
site in the municipal parking lot located west of the Community Development
Department building. The town is contracted with Waste Management, Inc.; to provide
material haul off, site maintenance, and public education services. Eagle County, the
operator of the regional materials recycling facility (MRF) has agreed to fund annual
haul off services. Pursuant to the Agreement, the County will reimburse the town $190
for each container hauled to the MRF. If approved, the County's financial assistance will
save the town approximately $34,000 annually through the town's participation pursuant
to the Agreement
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Ruther said staff recommends the Vail Town Council approve Resolution No. 27, Series
of 2010 as read. If approved, the Eagle County Board of County Commissioners will
consider the Agreement at their November 9, 2010, meeting.
Newbury made a motion to approve with the correction of the sixth "whereas" and
deleting the animal control item; the motion was seconded by Tjossem. A vote was
taken and passed 5 -0.
The tenth item was a Town Council "Call -Up ", pursuant to Section 12- 3 -3(C) Vail Town
Code (the "Code "), of the Planning and Environmental Commission (the "PEC ")
decision of September 27, 2010, affirming staff's interpretation regarding the ability of a
property owner to establish a development site comprised of multiple lots of record and
the process required, if any, by the Code.
Matt Mire, Town Attorney, in response to a request by a resident, on September 27,
2010 the Town's Zoning Administrator issued a letter pursuant to Section 12- 3 -3(A) of
the Code explaining what he believed to be the Town's process for combining two lots
in a residential subdivision to create one "Lot or Site" as defined by 12 -2 -2 of the Code.
Subsequently, on September 27, 2010, at the request of the Administrator, the PEC
considered the issues addressed in the Administrator's letter. At the hearing, the PEC
Commissioners expressed legitimate concerns with regard to the Administrator's
findings and determination, as well as with the lack of clear direction provided by the
Code. In addition, the PEC requested that the Town Attorney continue to research the
issues involved. Ultimately, however, and based largely upon staff's recommendation,
the PEC did vote to "affirm staff's administrative determination." After the PEC hearing,
the Administrator discovered a relevant section of the Code which was not considered
in his initial letter and which was not presented to the PEC. The Town Council called his
item up at their regular meeting on October 5, 2010.
Mire said this item was called up because of a procedural issue. He said what Mery
Lapin is proposing doesn't meet the definition of subdivision. Mire said the Council
didn't have all the information before them. He said this is a legal and administrative
issue and not a Council issue.
Rogers made a motion to overturn the PEC decision, and directed staff to make a
process that applies; the motion was seconded by Newbury. A vote was taken and the
motion passed 5 -0.
The eleventh item on the agenda was adjournment. Tjossem made a motion to
adjourn, and was the motion was seconded by Donovan. A vote was taken and the
motion passed 5 -0. The meeting adjourned at 9:25 p.m.
Vail Town Council Meeting Minutes November 2, 2010 9
12/21/2010
3 -1 -9
Respectfully submitted,
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Vail Town Council Meeting Minutes November 2, 2010 10
12/21/2010
3 -1 -10
Vail Town Council Meeting Minutes
Tuesday, November 16, 2010
7:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 7:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Kerry Donovan
Kevin Foley
Kim Newbury
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Rich ten Braak, with the Vail
Chamber and Business Association (VCBA), said he would like the Council to discuss the
possibility of consolidating the Vail Economic Advisory Council (VEAC), Vail Local
Marketing District (VLMD) and Commission on Special Events (CSE) funding next year.
He would also like to have Council collaborate with the VCBA on how to spend some of
the surplus money the town may have in 2011. Scott Bluhm, with the Vail Valley
Foundation (VVF); said the VVF is in process with the Community Development
Department to upgrade and change the sign at the Vail Roundabout with 2015
Championship information. Jim Lamont, with the Vail Homeowners Association, asked
when the Art in Public Places item will be heard this evening. Cleveland said under the
budget discussion.
The second item on the agenda was the Town Manager's Report. There was nothing
to report.
The third item on the agenda was the Consent Agenda and approval of the October 5,
2010 and October 19, 2010 meeting minutes.
Rogers made a motion to approve the October 5, 2010, and October 19, 2010, meeting
minutes; the motion was seconded by Foley. A vote was taken and passed 7 -0.
Town Council Meeting Minutes of November 16, 2010 Page 1
12/21/2010
3 -2 -1
The fourth item on the agenda was a presentation on the fiscal and economic impacts
of the proposed Ever Vail project.
Cleveland said the Ever Vail project has been postponed and rescheduled to the
December 7, 2010, Town Council meeting due to adverse weather conditions.
The fifth item on the agenda was first reading of Ordinance No. 18, Series 2010, an
Ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund and the Debt Service Fund of the
2010 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.
Kathleen Halloran, Manager of Budgets and Financial Reporting, said the ordinance will
adjust the 2010 budget per the memorandum. Daly pointed out there is a correction
that needs to be made under the police line item that is a duplication. Halloran said she
will correct prior to second reading.
Daly made a motion to approve on first reading Ordinance No. 18, Series of 2010, and
the motion was seconded by Newbury. A vote was taken and the motion passed 7 -0.
The sixth item on the agenda was Second reading of the 2011 Budget Ordinance No.
17, Series 2010.
Kathleen Halloran said the budget was adjusted by $20,000 to include the Vail Jazz
foundation additional funding. She said the totals did not include the $75,000 for the
Quizno's bike race and the $95,000 for relocation of the Moroles art sculpture. She said
the Council will have to add those funds in if they want to approve them.
Lamont with the Vail Homeowners Association (VHOA) said he has an issue with the
review process about locating a piece of art in Ford Park. Ruther said staff tries to keep
art out of the Design Review Board (DRB) process and this item will be part of the Art
in Public Places (AIPP) review process. He said there is a management plan for Ford
Park and the Town Council review should be final review. Lamont stated he sees a
conflict of interest as the town is owner of the art work and is also the review board.
He said there is a need for a public review process for neighboring properties so there
is a more participatory process for art work. He has a fiscal issue as well. He said
there are other vendors and institutions that may also qualify for Real Estate Transfer
Tax (RETT) funds as well. He said there is a proposal out there proposing certain uses
for the same site at Ford Park as the art work proposed. The VHOA is requesting a
comprehensive master plan for Ford Park as incremental items like this will change the
whole plan for Ford Park. He said an analysis of a new master plan and other changes
need to be addressed. He said other organizational relationships need to be considered
Town Council Meeting Minutes of November 16, 2010 Page 2
12/21/2010
3 -2 -2
as well, such as the Nature Center and Alpine Garden. He requested that before the
town starts making any permanent improvements, the town should revisit the master
plan. He also wants the Council to have a discussion on how AIPP manages AIPP
funds. Cleveland stopped Lamont at this point and reminded him this was a budget
discussion. Lamont said this lends itself to the budget as funding for this placement
could affect the budget and he doesn't want this hidden in the budget. Cleveland asked
if he is representing the VHOA and Lamont said yes. Cleveland asked what other
organizations Lamont represents. Lamont said he doesn't represent any other
organizations.
Newbury said the funding of $75,000 for the Pro - Challenge Cycling Race should come
from the General Fund and not the CSE funding. She said $100,000 will come out of
the VLMD funding and $75,000 should come from the general fund. Cleveland said he
supports having the $75,000 out of the CSE funding. A show of hands from the Council
showed everyone, except Cleveland, supported taking the $75,000 out of the general
fund surplus and not CSE.
Rogers said there were misconceptions about the $95,000 being requested out of the
RETT funds. She said the RETT funding requirements are very limited and this item
qualifies. She said the budgeting in Vail is very conservative and there is money in
RETT for this art piece.
Rogers made a motion to approve on second reading, Ordinance No. 17, Series of
2010, for the 2011 Budget with the addition of $75,000 for the Pro - Challenge Cycling
Race out of the surplus general fund and $95,000, taken from the RETT fund for
relocation of the Morales art piece. The motion was seconded by Newbury. Further
discussion was held. Daly has an issue with the money for the Ford Park Master Plan,
and said it is premature. Foley said the 39% rate for full -time employee benefits is not
fiscally responsible. A vote was taken, and the motion passed 5 -2, Daly and Foley
opposed.
The seventh item on the agenda was first reading of Ordinance No. 20, Series 2010,
Mill Levy Certification.
Kathleen Halloran said assessments must be certified to the County for collection
annually and this ordinance authorizes certification.
Staff requested the Council approve Ordinance No. 20, Series 2010, on first reading.
Newbury made a motion to pass first reading of Ordinance No. 20, Series of 2010, and
was seconded by Rogers. A vote was taken and the motion passed, 7 -0.
The eighth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, of an administrative action, affirmed by the Town of Vail Planning and
Environmental Commission, approving a request for a minor amendment to Special
Development District No. 6, Village Inn Plaza, pursuant to Section 12- 9A -10,
Town Council Meeting Minutes of November 16, 2010 Page 3
12/21/2010
3 -2 -3
Amendment Procedures, Vail Town Code, to allow for modifications to the approved
development plans to increase site coverage and reduce the side setback (east side) to
facilitate an expanded chimney for a new restaurant, located at 100 East Meadow
Drive, Unit 602/ Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto.
Rachel Dimond, planner, said on June 9, 2010, a minor amendment to SDD No. 6,
Village Inn Plaza, was administratively approved and upheld at the June 28, 2010, PEC
hearing. The minor amendments included expansion to site coverage and a reduction in
the side setback to accommodate a new hibachi restaurant. On September 23, 2010, a
second minor amendment was administratively approved and upheld at the October 11,
2010, PEC hearing. The amendment included further increase to site coverage and a
reduction in the side setback to allow for the addition of access ladders to the approved
chimney chases to meet building code requirements for access and maintenance of
rooftop mechanical equipment. Staff requested the Council uphold, overturn, or modify
the approval of the minor amendment to Special Development District No. 6.
Mire stated that the appellant has the burden of proof. Michael Suman, representative
of Solaris, said Solaris is in support of the new restaurant; however, they are concerned
about the smoke and smell coming from the currently proposed filtering system. Suman
stated Solaris is not supportive of the current exhaust system. He said the applicant's
system does not address smoke and smell, just grease. The size is not an issue and
they would support additional site coverage if they will use a system that addresses
smell and smoke. Solaris is concerned about these issues and wants the exhaust
system done right. He stated that when Crossroads was torn down and Solaris was
built, they did exhaust mitigation on this site and want this applicant to do the same.
Solaris representatives met with the owners of the Vail Village Inn (VVI) and
Community Development Environmental Health Officer, Bill Carlson. He said Carlson
said their concerns with smell and smoke is legitimate. He also stated Solaris let the
applicant continue to do construction through the appeal process. Suman asked the
Council to uphold the approval and not only the grease filters be installed but the
smoke and smell filtration system be installed and regular maintenance schedules be
maintained. Rogers asked if they were willing to share the cost.
Cleveland asked where the PEC erred in approving the staff approval. He said there
was nothing in the criteria that called out specifically to have the smell and smoke filters
in place. Ruther said the criteria was on site coverage and there was not a distinction
regarding restaurants versus other uses. This was not a variance or conditional use for
the basis on which this can be appealed. Ruther said the Council has to base their
decision on whether the PEC erred in the nine criteria items in approving the project.
Cleveland is concerned the Council is asked to decide on something that isn't addressed
at PEC. He said there is nothing in the criteria which the PEC approved that was not
Town Council Meeting Minutes of November 16, 2010 Page 4
12/21/2010
3 -2 -4
addressed. Mire said there are criteria the Council can use and the PEC looked at the
same criteria.
Jonathan Staufer, representing the WI, Inc., stated Solaris is addressing an issue that
hasn't even occurred yet. He said the owner, Rick Woo, has tried to address the issues
from Solaris by using filters that are nine times the cost of regular filters. He has
looked at removing the chimney and relocating, but that couldn't happen. He said this
project is in compliance with all applicable zoning and building codes. Rogers asked
about the three chimneys in use and why the kitchen vent couldn't be vented to either
the south or north chimney. Staufer said the amount of square footage needed isn't
there.
Rick Woo, owner of the restaurant, said they tried to reroute the kitchen exhaust to the
south side but they can't meet the slope requirement. He said they made an effort to
correct and change the filter with a filter that is a high efficiency solar filter and cost
nine times more than regular filters. He said each filter costs $180 each, or around
$5,000 (25 filters are needed). He said this project was approved 2 -1/2 months ago by
the PEC and Community Development. He stated there are mixed uses in many
buildings in Vail that include restaurant, retail and condominiums. Sushi Oka has three
areas of exhaust which are 112 feet to the west, 110 feet to the south, and 40 feet on
the east side away from the Solaris condominiums. He said there shouldn't be a
problem between Solaris and the east side of the restaurant as there are many trees
that make a natural barrier. He stated the alley between Solaris and VVI has the wind
to take the smoke and smell to Meadow Drive. He said Japanese kitchens burn very
clean. He said he and his wife were in front of Solaris, and they could smell cooking
scents from one of the Solaris kitchens from the street. He asked if this is the trend
where restaurant smells become an issue, everyone will go elsewhere. He said they
were asked to do more than what is required by existing codes and laws and all the
businesses should be treated equally and fair. All restaurants should be required to add
the system if they were asked to do so.
Rogers asked Mire if Council was the right forum for this issue. Mire said the bottom
line is Council is not the final deciding vote of building codes and approved plans.
Rogers asked Mire if there is a remedy if a noxious odor does occur. Mire said the town
could use the nuisance section of the code to address this issue. Suman asked if there
was a place for public comment. Stan Cope, Gemini Management, managing agent of
Solaris Condominium Association, is strongly objecting to the closeness of the exhaust
system to Solaris to the east side of the restaurant. If the variance is approved, he
requests a condition to approval that filters are inspected annually. His client wants the
restaurant to happen but wants everything to be done to the best interests of the
neighborhood. Lamont said he has many residents that have an interest and if there is
a deficiency in the code then the code should be modified.
Town Council Meeting Minutes of November 16, 2010 Page 5
12/21/2010
3 -2 -5
Mire said if the town has qualitative issues there is the nuisance code and submits the
town has the ability to retroactively address future issues. He stated in the immediate
neighborhood, there is a vendor that has an open BBQ in summer and has never heard
any complaint coming from the town's constituency about the odor. Ruther said the
Solaris site doesn't have any encroachments in the west setbacks. Newbury stated she
wanted to be clear that the Council is not ruling on a use but ruling on whether the
encroachment was utilized properly. She asked if the smoke and smell was considered
in the approval. Ruther said yes, as the Market Place on Meadow Drive uses two BBQ
grills in the summer and it was considered in the staff analysis.
Newbury made a motion to uphold the PEC decision based on the findings in the
memorandum; the motion was seconded by Foley. The appellant has not supported
the burden of proof and the Council doesn't find any clear error by the PEC. Rogers
stated that other remedies can be sought if there is a problem. A vote was taken and
the motion passed, 7 -0.
The ninth item on the agenda was Resolution No. 28, Series of 2010, a Resolution
Approving an Intergovernmental Agreement Between the Town of Vail and the
Colorado Department of Transportation Regarding Matterhorn Bridge Replacement; and
Setting Forth Details in Regard Thereto.
Greg Hall said the town has been awarded a federal grant for the replacement of the
Matterhorn Bridge which is shown in the bridge inspection reports as structurally
deficient. At a total project cost of $1,035,000, the bridge grant award total is 80% of
the project total or $828,000. The town is responsible for a 20% local match of the
total estimated project costs. This Intergovernmental Agreement (IGA) is for the design
phase of the project. Staff has requested the Council approve the IGA, and authorize
the Town Manager to sign and enter into the IGA with CDOT.
Newbury made a motion to approve Resolution No. 28, Series of 2010; the motion was
seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0.
The tenth item on the agenda was adjournment. Foley made a motion to adjourn, the
motion was seconded by Tjossem; passed unanimously, 7 -0. The meeting adjourned at
7:35 p.m.
Respectfully submitted,
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Town Council Meeting Minutes of November 16, 2010 Page 6
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ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Dave Chapin Recognition of Service to the Town of Vail
PRESENTER(S): Sybill Navas and Bob McKown
12/21/2010
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Ordinance No. 23, Series of 2010, an emergency ordinance amending Chapter
11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational
and directional signs for public parking on private property and allowing the Administrator to
approve said signs subject to review, and setting forth details in regard thereto, and declaring
an emergency.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 23, Series of 2010.
BACKGROUND: On December 7, 2010, Staff facilitated a discussion with the Vail Town
Council regarding the Town's parking policies for public parking on private property in
response to several citizen inquiries regarding the ability to advertise and promote their
parking. Staff recommended that the Sign and Zoning Regulations be amended to facilitate
public parking on private property. The Vail Town Council instructed Staff to draft an
emergency ordinance to allow directional signage for public parking on private property.
STAFF RECOMMENDATION: Should the Vail Town Council wish to allow informational and
directional signage for public parking on private property, Staff recommends that the Vail Town
Council approve Ordinance No. 23, Series of 2010.
ATTACHMENTS:
Ordinance No. 23, Series of 2010
12/21/2010
ORDINANCE NO. 23
SERIES OF 2010
AN EMERGENCY ORDINANCE AMENDING CHAPTER 11 -7, OTHER SIGNS, SIGN
REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND
DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE
ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, AND SETTING FORTH
DETAILS IN REGARD THERETO, AND DECLARING AN EMERGENCY.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home
rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter
(the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected
and qualified;
WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973,
establishing sign regulations in the Town of Vail;
WHEREAS, the general purpose of the established sign regulations is to promote the health,
safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious
design and placement of the signs in a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of the highest quality;
WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs
erected in the Town of Vail to be subject to design review by the Administrator and /or Design Review
Board;
WHEREAS, the Council has received input from private property owners expressing concern that
the adopted Sign Regulations prevent certain types of informational and directional signs for public parking
on private property from being erected within the Town;
WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public
parking and the adopted regulations outlined within the Municipal Code of the Town of Vail;
WHEREAS, in response to said input the Council has instructed Town Staff to prepare an
emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to
allow the Administrator to approve an informational and directional sign for public parking on private
property;
WHEREAS, it is not the intent of this emergency action to circumvent or otherwise alterthe desired
policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general
and specific purposes of the Regulations;
WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an
emergency measure for the preservation of the public property, health, welfare, peace or safety, upon
unanimous vote of all members of the Council present or a vote of five members of the Council, whichever
is less, and
Ordinance No. 23, Series of 2010
12/21/2010
5 -I -I
WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of
the Vail Town Code, the Town Council finds that it should take an emergency action and adopt the
amended regulations and procedures as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows:
Section 1. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended to add the following
section (Additions to text shown in bold):
11 -7 -16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON
PRIVATE PROPERTY:
A. Description: An informational and directional sign shall be described as a
portable sign with the intended use of directing the public to private property
locations where vehicle parking is available for daily use by the public and
advertising the daily rate.
B. Applicability: An informational and directional sign shall only be allowed for
property having obtained approval from the Town for daily use of parking spaces
by the public.
C. Number and Location: Subject to review and approval of the Administrator.
D. Size and Design: All informational and directional signs shall comply with the
standards prescribed in Exhibit A:
Exhibit A: Informational and directional sign for public parking on private
PARKING
48„ $(Price)
(Directions)
Ordinance No. 23, Series of 2010
12/21/2010
5 -I -2
E. Special Provisions:
1. An informational and directional sign shall only be displayed when the daily
use of parking spaces are available to the public.
2. The daily rate shall be displayed and remain current at all times.
3. The penalty for violating any provision of this regulation shall be the
revocation of the approval and the immediate removal of the sign upon
written notice from the Administrator. Any action of the Administrator may
be appealed to the Design Review Board, pursuant to this Title.
Section 2 . Due to the immediate need by the Town to provide safe, convenient and
adequate public parking for its residents, guests and visitors, an emergency exists which
requires the immediate passage of this ordinance as an emergency measure, and it is
hereby declared that the approval of this ordinance as an emergency measure is
necessary for the preservation of the public property, health, welfare, peace or safety.
Section 3 . Pursuant to Section 4.11 of the Charter, this ordinance shall be finally
passed on the date hereof and shall be effective on the date hereof and shall remain in
effective until February 15, 2011, unless otherwise repealed. This ordinance, as adopted
by the Council, shall be numbered and recorded by the Town clerk of the Town in the
official records of the Town. The ordinance shall be authenticated by signatures of the
Mayor and Town Clerk of the Town, and shall be published within ten days of the date
hereof as required by the Charter.
Section 4 . 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 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. 23, Series of 2010
12/21/2010
5 -1 -3
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 AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED
PUBLISHED ONCE IN FULL this 21st day of December, 2010.
Richard Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 23, Series of 2010
12/21/2010
5 -1 -4
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Ordinance No. 24, an emergency ordinance amending the Town of Vail's
Health Insurance Fund budget for 2010; making supplemental appropriations thereto; and
declaring an emergency.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve Ordinance 24 as presented.
BACKGROUND: On December 17, town staff became aware of significant medical claims in
excess of those previously projected by our insurance consultant. Because these claims will
occur in 2010, they must be paid from 2010 funds. Approval of the emergency ordinance is
needed to maintain compliance with state statutes regarding the budgetary process.
STAFF RECOMMENDATION: Approve Ordinance 24 as presented.
ATTACHMENTS:
Supp # 5
Fund Statement
Ordinance
12/21/2010
MEMORANDUM
To: Town Council
From: Stan Zemler
Judy Camp
Kathleen Halloran
Date: December 20, 2010
Subject: 2010 Budget Amendment — Ordinance No. 24, Series 2010
On Tuesday evening, you will be asked to approve the fifth supplemental appropriation
of 2010 as an emergency ordinance.
Town staff became aware on December 17 of significant medical claims. Due to the
magnitude of these claims, the Health Insurance Fund expenditure budget would be
exceeded for 2010, in conflict with state statutes. These claims are well beyond the scope
of our healthcare consultant's predictions, and were not known at the time of the budget
adjustments completed just earlier this month.
The Health Insurance Fund has adequate reserves to accommodate the expenditure in
2010, although the town will be reimbursed for some of these claims as reflected in
revenue. We are not aware of the full potential of reimbursement, but the $200,000
included in revenue is an estimate. Claims over $75,000 per person are covered by an
indemnity "stop loss" insurance product. This coverage protects the Health Insurance
Fund reserves from substantial health claims.
Staff requests Council's approval of this emergency ordinance in order to maintain
integrity with state statutes regarding the budgetary process.
12/21/2010
6 -1 -1
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEALTH INSURANCE FUND
2010
2009 2010 2010 5th Proposed
Actual Budget Amended Supplemental Amended Comments
Revenue
Town of Vail Interagency Charge - Premiums $ 2,512,230 $ 2,510,000 $ 2,522,000 $ 2,522,000
Employee Contributions 263,196 305,000 336,000 336,000
Insurer Proceeds 365,165 100,000 485,000 200,000 685,000 Reimbursement for individual claims
over $75,000
Earnings on Investments 10,465 5,000 5,000 5,000
Total Revenue 3,151,056 2,920,000 3,348,000 200,000 3,548,000
Expenditures
Health Inusrance Premiums 321,081 365,000 365,000 365,000
Claims Paid 2,903,459 2,650,000 3,075,000 320,000 3,395,000 Conservative estimate of activity
Short-term Disability Pay 24,811 35,000 35,000 35,000
Professional Fees 20,000 20,000 20,000 20,000
Total Expenditures 3,269,351 3,070,000 3,495,000 320,000 3,815,000
Revenue Over (Under) Expenditures (118,295) (150,000) (147,000) (120,000) (267,000)
Beginning Fund Balance 1,339,459 1,144,099 1,339,460 1,339,460
Ending Fund Balance $ 1,221,164 $ 994,099 $ 1,192,460 $ (120.000) $ 1,072,460
1 212 1 2010
6 -2 -1
ORDINANCE NO. 24
Series of 2010
AN EMERGENCY ORDINANCE AMENDING THE TOWN OF VAIL'S HEALTH
INSURANCE FUND BUDGET FOR 2010; MAKING SUPPLEMENTAL
APPROPRIATIONS THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could
not have been reasonably foreseen or anticipated by the Town Council at the time it
enacted Ordinance No. 19, Series of 2009, adopting the 2010 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, Section 4.11 of the Charter provides that an ordinance may be
passed as an emergency measure for the preservation of the public property, health,
welfare, peace or safety, upon unanimous vote of all members of the Council present or
a vote of five members of the Council, whichever is less, and
WHEREAS, in order to properly reflect the expenditure as a 2010 transaction and
promptly pay costs, 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:
1. 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 2010 Budget and Financial Plan for the Town of Vail, Colorado, and
authorizes the expenditure of said appropriations as follows:
Health Insurance Fund $320,000
2. Due to the immediate need by the Town to pay medical claims in the proper
fiscal year, an emergency exists which requires the immediate passage of this ordinance
as an emergency measure, and it is hereby declared that the approval of this ordinance
Oidinancc No. 24, Scrics 2010
12/21/2010
6 -3 -1
as an emergency measure is necessary for the preservation of the public property,
health, welfare, peace or safety.
3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on
the date hereof and shall be effective on the date hereof. This ordinance, as adopted by
the Council, shall be numbered and recorded by the Town Clerk of the Town in the
official records of the Town. The ordinance shall be authenticated by signatures of the
Mayor and Town Clerk of the Town, and shall be published within ten days of the date
hereof as required by the Charter.
4. 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.
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.
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 AND FINALLY PASSED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED ONCE IN FULL this 21st day of December, 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
12/21/2010
6 -3 -2
*YiK
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December 21, 2010
ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town
of Vail Design Review Board's denial of a minor exterior alteration application to allow for the
installation of special event banner poles in the street right -of -way generally located at the
intersection of East Meadow Drive and Willow Bridge Road, and setting forth details in regard
thereto.
PRESENTER(S): Bill Gibson, Planner; Pete Dunning, Design Review Board Chair; Sybil
Navas, Special Events Coordinator
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals, Vail Town Code,
the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review
Board's October 20, 2010 decision.
BACKGROUND: On October 20, 2010 the Design Review Board denied an application to
install special event banner poles in the street right -of -way generally located at the intersection
of East Meadow Drive and Willow Bridge Road. On November 2, 2010 the Vail Town Council
called -up (i.e. appealed) the Design Review Board's decision. In accordance with the
requirements of Section 12 -3 -3, Appeals, Vail Town Code, a hearing of this appeal was
scheduled and noticed for the Council's December 7, 2010 public hearing. On December 7,
2010 the Vail Town Council granted a continuance of this appeal to its December 21, 2010
public hearing.
STAFF RECOMMENDATION: The Design Review Board recommends the Vail Town Council
upholds their October 20, 2010 decision.
ATTACHMENTS:
Town Council memo
Attachment A vicinity map
Attachment B DRB site plan
Attachment B DRB pole samples
Attachment B DRB mock -up
Attachment B DRB correspondence
Attachment B DRB newspaper article
Attachment C horizontal banner east
Attachment C horizontal banner west
Attachment C vertical banner east
Attachment C vertical banner west
12/21/2010
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: December 21, 2010
SUBJECT: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of
Vail Design Review Board's denial of a minor exterior alteration application to
allow for the installation of special event banner poles in the street right -of -way
generally located at the intersection of East Meadow Drive and Willow Bridge
Road, and setting forth details in regard thereto. (DRB100506)
Appellant: Vail Town Council
Planner: Bill Gibson
I. SUBJECT OF THE APPEAL
A Town Council call up of the October 20, 2010 Design Review Board denial of a minor
exterior alteration application to allow for the installation of special event banner poles in
the street right -of -way generally located at the intersection of East Meadow Drive and
Willow Bridge Road.
A vicinity map (Attachment A) and the applicant's design review application (Attachment
B) have been attached for review.
II. SUBJECT PROPERTY
The subject property is the street right -of -way generally located at the intersection of
East Meadow Drive and Willow Bridge Road.
III. STANDING OF APPELLANT
Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council has
standing to call up (i.e. appeal) the Design Review Board's October 20, 2010 decision.
IV. REQUIRED ACTION
Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council shall
uphold, uphold with modifications, or overturn the Design Review Board's October
20, 2010 decision.
V. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council makes
the following findings of fact:
• The subject property is the street right -of -way generally located at the
intersection of East Meadow Drive and Willow Bridge Road.
1
12/21/2010
7 -1 -I
• On October 6, 2010 the Design Review Board conceptually reviewed the
proposed banner pole application and tabled this item to its October 20, 2010
hearing for further deliberation.
• On October 20, 2010 the Design Review Board, held a public hearing on the
applicant's request for the installation of special event banner poles in the
street right -of -way generally located at the intersection of East Meadow Drive
and Willow Bridge Road.
• At its October 20, 2010 hearing, the majority of the Design Review Board
members noted their support for the applicant's request if a condition of
approval was applied that one pole be installed and the banners be attached
vertically, similar to the event banners installed vertically on poles in the
round -a- bouts. The majority of the Design Review Board did not support
allowing banners to horizontally span across East Meadow Drive, similar to
the existing banners above Bridge Street and the Lionshead pedestrian mall.
The applicant did not agree to this suggested condition of approval. The
applicant testified that not allowing the same horizontal banners from the
Bridge Street and Lionshead locations to be installed on the proposed East
Meadow Drive poles would complicate the special events administration
process and would add financial costs to event promoters.
• On October 20, 2010 the Design Review Board denied the applicant's
request for the installation of special event banner poles in the street right -of-
way generally located at the intersection of East Meadow Drive and Willow
Bridge Road when a motion for approval failed by a vote of 2 -3 -0 (Dunning,
Gillette, and Plante opposed).
• The Design Review Board's October 20, 2010 denial was based upon
concerns about the appropriateness and aesthetics of installing poles and
horizontal special event banners at the intersection of East Meadow Drive
and Willow Bridge Road. The majority of the Board found that the proposed
poles and associated horizontal banners do not conform to the following
adopted design guideline:
14 -10 -2: GENERAL COMPATIBILITY. A. Structures shall be compatible
with existing structures, their surroundings, and with Vail's environment.
• On November 2, 2010 the Vail Town Council called -up (i.e. appealed) the
Design Review Board's October 20 decision. In accordance with the
requirements of Section 12 -3 -3, Appeals, Vail Town Code, a hearing of this
appeal was scheduled and noticed for the Council's December 7, 2010 public
hearing.
• Notice of the Vail Town Council's hearing of this appeal has been completed
in accordance with provisions of Section 12 -3 -3, Appeals, Vail Town Code.
• On December 7, 2010 the Vail Town Council granted a continuance of this
appeal to the December 21S Town Council public hearing.
2
12/21/2010
7 -1 -2
• The Design Review Board recommends the Vail Town Council upholds its
October 20, 2010 decision.
To aid the Vail Town Council in understanding the Design Review Board's October 20,
2010 deliberations, Town Staff has created digital mock -ups illustrating both horizontal
and vertical special event banners at the intersection of East Meadow Drive and Willow
Bridge Road (Attachment C).
Should the Vail Town Council choose to uphold the Design Review Board's October 20,
2010 decision, the Community Development Department recommends the Vail Town
Council makes the following conclusion:
"Based upon a review of the evidence and testimony presented, and the finding
of facts, the Vail Town Council concludes:
The Town of Vail Design Review Board's denial of a minor exterior alteration
application to allow for the installation of special event banner poles in the street
right -of -way generally located at the intersection of East Meadow Drive and
Willow Bridge Road, and setting forth details in regard thereto, meets the
standards and conditions imposed by the requirements of the Vail Town Code."
Should the Vail Town Council choose to uphold the Design Review Board's October 20,
2010 decision, the Community Development Department recommends the Vail Town
Council makes the following motion:
"Based upon a review of the evidence and testimony presented, and the finding
of facts, the Vail Town Council upholds the Town of Vail Design Review Board's
denial of a minor exterior alteration application to allow for the installation of
special event banner poles in the street right -of -way generally located at the
intersection of East Meadow Drive and Willow Bridge Road, and setting forth
details in regard thereto, based upon the conclusion that the Board's
determination meets the standards and conditions imposed by the requirements
of the Vail Town Code."
V. ATTACHMENTS
A. Vicinity Map
B. Applicant's design review application
C. Digital mock -up of horizontal and vertical event banners
3
12/21/2010
7 -1 -3
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Bill Gibson
From: Richard tenBraak <richardt @vailchamber.org>
Sent: Friday, October 15, 2010 12:42 PM
To: Special Events
Subject: Meadow Drice Banner
Sybill -
I would like to let you know that the VCBA supports the idea of a banner location on Meadow Drive.
A banner at this strategic location will help inform our guests of the happenings in Vail. And that is a great
thing!
As I'm sure you are aware, directional and information sharing with our guests is an opportunity we need to
over come.
It looks to be a great double sided location, as opposed to a single / on a building site.
As you know, the VCBA does events in both Lionshead and Vail Village and this site on Meadow Drive will
help bring the two villages closer together.
If possible, I would like to make sure we get this new proposed location for our banners once it becomes
available.
Rich
Richard tenBraak
Executive Director
Vail Chamber & Business Association
Office: (970) 477 -0075
Mobile: (970) 376 -5303
E -mail: richardtkvailchamber.org
t
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12/21/2010
7 -6 -1
t
12/21/2010
7 -6 -2
Bill Gibson
From: J S < jstaufer @live.com>
Sent: Friday, October 15, 2010 8:04 AM
To: Bob McNichols; Meadow Drive Business Partnership; Johannes Faessler; f
hibberdf @cs.com; Peter Knobel; Liz Meyer; Joe Staufer; Adam Greenier; samten2l
@yahoo.com; bbank @vailinfo.org; bill @claggettrey.com; Bonnie; Jon Boord;
t
bob @obosent.com; brunolucal @aol.com; Jenn Bruno; Nick Calello;
patrick @vailgallery.com; manricovail @manrico.com; craig @solarisvail.com;
db @eyepiecesofvail.com; karats2 @juno.com; Eva @pismoglass.com; Court Fable;
pippousa @hotmail.com; daniel .goldstein @efirstbank.com; Mark Gordon;
steveh @mountainhaus.com; blitz @vail.net; Pazzos @vail.net;
karenjacobson @mmode.com; jess @bellissimavail.com; info @sonnenalp.com;
joniwt @aol.com; dustinkel @aim.com; Kendra Valbruna; Larry,
(warren @austriahausclub.com; Marc Levarn; Kelly Liken; Lourdes Ferzacca;
charlies @vail.net; jtmtntop @hotmail.com; vail @valbrunaitaly.com; Marty Stewart; Nancy
Kosloff, hanaosaki @qwest.net; LRackoff @plumtv.com; rapson @vail.net; Masters Gallery;
Robby Robinson; verbatimbooksellers @hotmail.com; marco @valbrunaitaly.com;
kidsport@vail.net; javick @ctive.com; Stephen Virion; cziegler @vailmountainlodge.com
Cc: Sybill Navas
Subject: RE: Proposed Banner Between Solaris and One Willow Bridge Road
I will be writing in support as well.
Best,
Jonathan Staufer
100 E. Meadow Dr., #32
Vail, Colorado 81657
970.343.0363
• From: rmm @daedalusllc.com
• To: vailmeadowdrive @yahoo.com; jfaessler @sonnenalp.com; hibberdf @cs.com; peter @solarisvail.com;
lizmeyer @vail.net; joestaufer @earthlink.net; gravityj @compuserve.com; samten2l @yahoo.com; bbank @vailinfo.org;
bill @claggettrey.com; bonnie @valbrunaitaly.com; jon @solarisvail.com; bob @obosent.com; brunolucal @aol.com;
jenn @lucabruno.com; ncalello @vailplazahotel.com; patrick @vailgallery.com; manricovail @manrico.com;
craig @solarisvail.com; db @eyepiecesofvail.com; karats2 @juno.com; eva @pismoglass.com;
court@marketplaceonmeadowdrive.com; pippousa @hotmail.com; daniel .goldstein @efirstbank.com;
mgordon @vailgov.com; steveh @mountainhaus.com; blitz @vail.net; pazzos @vail.net; karenjacobson @mmode.com;
jess @bellissimavail.com; info @sonnenalp.com; joniwt @aol.com; dustinkel @aim.com; kendra@valbrunaitaly.com;
larrynis @hotmail.com; (warren @austriahausclub.com; marc @vailgallery.com; kelly @kellyliken.com;
lourdesferzacca @yahoo.com; charlies @vail.net; jtmtntop @hotmail.com; vail @valbrunaitaly.com;
sunlandsilvergallery@msn.com; nancymdvail @yahoo.com; hanaosaki @qwest.net; Irackoff @plumtv.com; rapson @vail.net;'
mastersgalleryvail @yahoo.com; robby @robinsonmitchell.com; verbatimbooksellers @ hotmail.com; jstaufer @live.com;
marco @valbrunaitaly.com; kidsport@vail.net; javick @ctive.com; labottegavail @aol.com; cziegler @vailmountainlodge.com
• CC: snavas @vailgov.com; craig @solarisvail.com
• Subject: Re: Proposed Banner Between Solaris and One Willow Bridge Road
• Date: Thu, 14 Oct 2010 14:57:12 -0700
> FYI,
1
12/21/2010
7 -6 -3 ;
> I support the proposal and will be sending an email message to the town planner to indicate as such.
> Bob
> Sent from my Verizon Wireless Phone
> - - - -- Reply message - - - --
> From: "Meadow Drive Business Partnership" <vailmeadowdrive @yahoo.com>
> Date: Thu, Oct 14, 2010 1:15 pm
> Subject: Proposed Banner Between Solaris and One Willow Bridge Road
> To: "Johannes Faessler" <jfaessler @sonnenalp.com >, "Fred Hibberd" <hibberdf @cs.com >, "Peter Knobel"
<peter @solarisvail.com >, "Bob McNichol" <rmm @daedalusllc.com >, "Liz Meyer" <LizMeyer @vail.net >, "Joe Staufer"
<joestaufer @earthlink.net >, "Adam Greenier" <gravityj @compuserve.com >, "Sam Ten Aungae"
<samten2l @yahoo.com >, "Bobby Banks" <bbank @vailinfo.org >, "Bill Rey" <bill @claggettrey.com >, "Bonnie"
<Bonnie @valbrunaitaly.com >, "Jon Boord" <jon @solarisvail.com >, "Bob Boselli" <bob @obosent.com >, "Luca Bruno"
<brunolucal @aol.com >, "Jenn Bruno" <jenn @lucabruno.com >, "Nick Calello" <ncalello @vailplazahotel.com >, "Patrick
Cassidy" <patrick @vailgallery.com >, "Christina" <manricovail @manrico.com >, "Craig Cohen" <craig @solarisvail.com >,
"Dan Barry" <db @eyepiecesofvail.com >, "Dan Telleen" <karats2 @juno.com >, "Eva" <Eva @pismoglass.com >, "Court
Fable" < court@marketplaceonmeadowdrive.com >, "Giusseppi" <pippousa @hotmail.com>, "Daniel Goldstein"
<daniel.goldstein @efirstbank.com >, "Mark Gordon" <mgordon @vailgov.com >, "Steve Hawkins"
<steveh @mountainhaus.com >, "Alexandra Henderson" <blitz @vail.net >, "Hutch" <Pazzos @vail.net >, "Karen Jacobson"
<karenjacobson @mmode.com >, "Jess" <jess@ bell issimava il.com >, "Joni Taylor" <info @sonnenalp.com >, "Joni Taylor"
<joniwt @aol.com >, "Dustin Kelly" <dustinkel @aim.com >, "Kendra" < Kendra @valbrunaitaly.com >, "Larry"
<larrynis @hotmail.com >, "Laura Warren" <Iwarren @austriahausclub.com >, "Marc LeVarn" <marc @vailgallery.com >,
"Kelly Liken" <kelly @kellyliken.com >, "Lourdes Ferzacca" <lourdesferzacca @ yahoo.com>, "Manager"
<charlies @vail.net>, "Manager" <jtmtntop @hotmail.com >, "Manager" <vail @valbrunaitaly.com>, "Marty Stewart"
<sunlandsilvergallery@msn.com >, "Nancy" <nancymdvail @yahoo.com >, "Osaki & #39;s" <hanaosaki @gwest.net >, "Liz
Rackoff' <LRackoff @plumtv.com >, "Susan Rapson" <rpson @vail.net >, "Rayla Kundolf"
<mastersgalleryvail @ yahoo.com>, "Robby" <robby @robinsonmitchell.com >, "Robert"
< verbatimbooksellers @hotmail.com >, "Jonathan Staufer" <jstaufer @live.com >, "Marco Tonazzi"
<marco @valbrunaitaly.com>, "Paul Treacy" <kidsport@vail.net >, "John Vickers" <javick @ctive.com >, "Steve Viron"
<labottegavail @aol.com >, "C Ziegler" < cziegler @vailmountainlodge.com>
> Cc: "Snavas @vailgov.com" <Snavas @vailgov.com >, "Craig Cohen" <craig @solarisvail.com>
> Hello All -
> I have been contacted by the Town of Vail to ask for our organization's support of a proposal to install a banner
spanning Meadow Drive between the corner of One Willow Bridge Road and Solaris. Currently there are two banner
locations in the TOV; one at the entrance to Lionshead beneath their arch and the other on Bridge Street. TOV receives
many requests from different organizations holding events within the town to advertise their events on the existing
banners, so much so that they are in need of a new location for another banner. I have attached a photo showing the
area of the street where the proposed banner would hang. Any comments pro or con can will be welcome.
> If the general consensus is that this would be a good thing to have on our street and most members, including
landlords and businesses adjacent to the banner, are in favor I will then tell the TOV that Meadow Drive Partnership
supports the proposal. TOV has asked for our response by the end of this coming weekend. Thanks for your attention.
> Sincerely,
> Marc LeVarnPresident, Meadow Drive Partnership
2
12/21/2010
7 -6 -4
Bill Gibson
From: Marco Tonazzi <marco @valbrunaitaly.com>
Sent: Friday, October 15, 2010 8:33 AM
To: Meadow Drive Business Partnership
Cc: Sybill Navas; craig @solarisvail.com
Subject: Re: Proposed Banner Between Solaris and One Willow Bridge Road
Hello,
Valbruna supports the proposal.
Best Regards,
Marco Tonazzi
M.T. Imports Inc.- Valbruna
ph +1- 970 - 827 -9091
fax +1- 970 - 827 -9096
http:/Jwww.valbrunaitaly.com
)
- -- vailmeadowdrive @yahoo.com wrote:
From: Meadow Drive Business Partnership <vaiimeadowd rive @yahoo.com>
Cc: Snavas @vailgov.com, Craig Cohen <craig @solarisvail.com>
Subject: Proposed Banner Between Solaris and One Willow Bridge Road
Date: Thu, 14 Oct 201013:15:22 -0700 (PDT)
Hello All -
I have been contacted by the Town of Vail to ask for our organization's support of a proposal to install a banner spanning!
Meadow Drive between the corner of One Willow Bridge Road and Solaris. Currently there are two banner locations in
the TOV; one at the entrance to Lionshead beneath their arch and the other on Bridge Street. TOV receives many
requests from different organizations holding events within the town to advertise their events on the existing banners,
so much so that they are in need of a new location for another banner. I have attached a photo showing the area of the
street where the proposed banner would hang. Any comments pro or con can will be welcome.
If the general consensus is that this would be a good thing to have on our street and most members, including landlords
and businesses adjacent to the banner, are in favor I will then tell the TOV that Meadow Drive Partnership supports the
proposal. TOV has asked for our response by the end of this coming weekend. Thanks for your attention.
f
Sincerely,
Marc LeVarnPresident, Meadow Drive Partnership r
f
1
12/21/2010
7-6-5
Bill Gibson
From: chadd ziegler <chaddziegler @gmail.com>
Sent: Thursday, October 14, 2010 11:29 PM
To: Bob McNichols
Cc: vailmeadowdrive @ yahoo.com; jfaessler @sonnenalp.com; hibberdf @cs.com;
peter @solarisvail.com; lizmeyer @vail.net; joestaufer @earthlink.net;
gravityj @compuserve.com; samten2l @yahoo.com; bbank @vailinfo.org;
bill @claggettrey.com; bonnie @vaIbrunaitaly.com;jon @solarisvail.com;
bob @obosent.com; brunolucal @aol.com; jenn @lucabruno.com;
ncalello @vailplazahotel.com; patrick @vailgallery.com; manricovail @manrico.com;
craig @solarisvail.com; db @eyepiecesofvail.com; karats2 @juno.com;
eva @pismoglass.com; court @marketplaceonmeadowdrive.com;
pippousa @hotmail.com; daniel.goldstein @efirstbank.com; mgordon @vailgov.com;
steveh @mountainhaus.com; blitz @vail.net; pazzos @vail.net;
karenjacobson @mmode.com; jess @bellissimavail.com; info @sonnenalp.com;
joniwt @aol.com; dustinkel @aim.com; kendra @valbrunaitaly.com; larrynis @hotmail.com;
(warren @austriahausclub.com; marc @vailgallery.com; kelly @kellyliken.com;
lourdesferzacca @yahoo.com; charlies @vail.net; jtmtntop @hotmail.com;
vail @valbrunaitaly.com; sunlandsilvergallery@msn.com; nancymdvail @yahoo.com;
hanaosaki @gwest.net; Irackoff @plumtv.com; rapson @vail.net;
mastersgalleryvail @yahoo.com; robby @robinsonmitchell.com;
verbatimbooksellers @ hotmail.com; jstaufer @live.com; marco @valbrunaitaly.com;
kidsport@vail.net;javick @ctive.com; labottegavail @aol.com;
cziegler @vailmountainlodge.com; Sybill Navas
Subject: Re: Proposed Banner Between Solaris and One Willow Bridge Road
Let me know where to sign, I am certainly in support of this Bob!
Kindest regards,
Chadd Ziegler
Broker
Ascent Sotheby's International Realty
292 E. Meadow Drive, Suite 101
Vail, CO 81657
970 - 470 -6208 direct
970 - 445 -0122 Cell
970 - 470 -6220 Fax
Chadd(aD,ascentsothebysrealty.com
www. zieg ierrealestate.com
�
• ! u
r
A scent
On Oct 14, 2010, at 3:57 PM, Bob McNichols wrote:
i
12/21/2010
7 -6 -6
FYI,
I support the proposal and will be sending an email message to the town planner to indicate as such.
Bob
Sent from my Verizon Wireless Phone
- - - -- Reply message - - - --
From: "Meadow Drive Business Partnership" < vailmeadowdrivegyahoo.com >
Date: Thu, Oct 14, 2010 1:15 pm
Subject: Proposed Banner Between Solaris and One Willow Bridge Road
To: "Johannes Faessler" < jfaesslerksonnenalp.com >, "Fred Hibberd" < hibberdf(d�cs.com >, "Peter Knobel"
< peter solarisvail.com >, "Bob McNichol" < rmmgdaedalusllc.com >, "Liz Meyer" < LizMeyerg,vail.net >,
"Joe Staufer" < joestaufernearthlink.net >, "Adam Greenier" < gravityjna,compuserve.com >, "Sam Ten Aungae"
< samten21 k yahoo.com >, "Bobby Banks" < bbank(a,vailinfo.org >, "Bill Rey" < bi�claggettre�.com >,
"Bonnie" < Bonnie(2valbrunai1aly.com >, "Jon Boord" < jongsolarisvail.com >, "Bob Boselli"
< bobna e ,obosent.com >, "Luca Bruno" < brunolucal gaol.com >, "Jenn Bruno" < iennglucabruno.com >, "Nick
Calello" < ncalellogvailplazahotel.com >, "Patrick Cassidy" < patrick ,vailgallery.com >, "Christina"
< manricovailkmanrico.com >, "Craig Cohen" < craig_(cr�,solarisvail.com >, "Dan Barry"
< db(a,eyepiecesofvail.com >, "Dan Telleen" < karats2 iuno.com >, "Eva" < Eva @ pismoglass.com >, "Court
Fable" < courtgmarketplaceonmeadowdrive.com >, "Giusseppi" < p_ippousakhotmail.com >, "Daniel Goldstein"
< daniel .goldsteingefirstbank.com >, "Mark Gordon" < m og rdonna,vailgov.com >, "Steve Hawkins"
< steveh c( mountainhaus.com >, "Alexandra Henderson" < blitzn&vail.net >, "Hutch" < Pazzos@,vail.net >, "Karen
Jacobson" < karenjacobson cgmmode.com >, "Jess" < iesskbellissimavail.com >, "Joni Taylor"
< infonsonnenalp.com >, "Joni Taylor" < joniwtgaol.com >, "Dustin Kelly" < dustinkel@aim.com >, "Kendra"
< Kendraka valbrunaital o >, "Larry" < lan nis(a�h otmail.com >, "Laura Warren"
< lwarrengaustriahausclub.com >, "Marc LeVarn" < marcgvailgallery com >, "Kelly Liken"
< kelly_kkellyliken.com >, "Lourdes Ferzacca" < lourdesferzacca(a,yahoo.com >, "Manager" < charlies e vail.net >,
"Manager" < jtmtntopghotmail.com >, "Manager" < vailgvalbrunaitaly.com >, "Marty Stewart"
< sunlandsilver ag llerygmsn.com >, "Nancy" < nancymdvailkyahoo.com >, "Osaki & #39;s"
< hanaosaki2gwest.net >, "Liz Rackoff' < LRackoffkplumtv.com >, "Susan Rapson" < rapsongvail.net >,
"Rayla Kundolf' < masters ag lleryvailkyahoo.com >, "Robby" < robbygrobinsonmitchell.com >, "Robert"
< verbatimbooksellerska,hotmail .com >, "Jonathan Staufer" < jstaufer@live.com >, "Marco Tonazzi"
< marconvalbrunaitaly.com >, "Paul Treacy" < kidsport o ,vail.net >, "John Vickers" < javick@ctive.com >, "Steve
Viron" < labotte avail ,aol.com >, "C Ziegler" < cziegler(a,vailmountainlod eg com
Cc: " Snavaskvail off < Snavas@vailgov.com >, "Craig Cohen" < craiggsolarisvail.com >
Hello All -
I have been contacted by the Town of Vail to ask for our organization's support of a proposal to install a banner
spanning Meadow Drive between the corner of One Willow Bridge Road and Solaris. Currently there are two
banner locations in the TOV; one at the entrance to Lionshead beneath their arch and the other on Bridge
Street. TOV receives many requests from different organizations holding events within the town to advertise
their events on the existing banners, so much so that they are in need of a new location for another banner. I
have attached a photo showing the area of the street where the proposed banner would hang. Any comments pro
or con can will be welcome.
If the general consensus is that this would be a good thing to have on our street and most members, including
landlords and businesses adjacent to the banner, are in favor I will then tell the TOV that Meadow Drive
2
12/21/2010
7 -6 -7
Partnership supports the proposal. TOV has asked for our response by the end of this coming weekend. Thanks
for your attention.
Sincerely,
Marc LeVarnPresident, Meadow Drive Partnership
t:
3
12/21/2010
7 -6 -8
Bill Gibson
From: Michael Suman < michael @sumanarchitects.com>
Sent: Wednesday, October 13, 2010 9:33 AM
To: Sybill Navas; 'Craig'
Cc: Charlie Turnbull; Todd Oppenheimer; 'Michael Suman'
Subject: RE: Special Event Banner Proposal for Meadow Drive
Hi Sybill,
Given the info you provided below, Solaris has no issue with the proposed pole locations.
Thanks for keeping us in the loop. `
Mike
From: Sybill Navas [mailto:SNavas @vailgov.com]
Sent: Wednesday, October 13, 2010 9:23 AM
To: 'Craig'; 'michael @sumanarchitects.com'
Cc: Charlie Turnbull; Todd Oppenheimer
Subject: RE: Special Event Banner Proposal for Meadow Drive
Hi Craig and Mike -
Thanks for the response. The banner poles will be 20 feet high. Most likely there would be no banner up during the 4 of
July parade because of the possibility of hanging up a float. The height at the bottom of the banner will be about 15 feet -
dictated by the Fire Dept and the clearance required for the ladder truck. I don't think there will be a view blocking issue
from your property because of the distance from the building. The banner specs are 18' wide by 4' high- which sounds
large, but once up they really don't appear very big. Currently we do not have any banners on display, but Charlie has
volunteered to hang one up on the Bridge Street site tomorrow so we could go over and take a look at it. The set up
there is identical to what is proposed for Meadow Drive. I would be happy to come over and walk the site with you and
answer any questions and am available most anytime tomorrow.
Sybill
S� i.11 T(avoo
Special Events Coordinator
Town of Vail
75 S. Frontage Rd., Vail, CO 81657
Phone: 970 477 -3551 Cell: 970 376 -2394 Fax: 970 479 -2157 t
specialeventsCcilvailgov.com
i
From: Craig [mailto:craig @solarisvail.com]
Sent: Wednesday, October 13, 2010 9:03 AM
To: Sybill Navas; michael @sumanarchitects.com
Subject: RE: Special Event Banner Proposal for Meadow Drive
Sybill, I have reviewed these photos with Mike Suman, how tall are the posts ( what will the height if the banners
be ?) Our main question is: will this impact our owners and guests ability to view events like the 4` of July parade?
1
12/21/2010
7 -6 -9
Thanks
Craig
Craig Cohn
S{}LAR|S REAL ESTATE
0r�CtO[ Of SQ|es N/�OrkehDg fL Leasing
2211 N Frontage Rd Ste A
Vail, C{}8l657
970/79.6000 {}
970.479.6666F
970.389.1606C
From: SvbiU Navas [mai|to:SNavas@vai|gov.conn]
Sent: Tuesday, October 13,3O1O2:46PM
To: 'cnaig@so|arisvai|.com'
Subject: Special Event Banner Proposal for Meadow Drive
Hi Craig-
Sorry forthede|ay'hadabitofconnputerdifOcu|tythisafternoon.AttachedarethephotographsTodd0ppenheinner
prepared with proposed banner poles drawn in. The set up will be identical to what is on Bridge Street, just south of the
Covered Bridge. Please let me know ifSo|arisis"[)K" with this design. Don't hesitate to give noea call if you have any
questions.
�� 11
��»/v`
/
Special Events Coordinator
Town ofVail
75S. Frontage Rd.. Vail, CO81057
Phone: 97O477-3551 Cell: S7D37G-2384 Fax: S7D47B-2157
Z
|2/2|/20l0
1
Bill Gibson
From: Masters Gallery <mastersgalleryvail @yahoo.com>
Sent: Friday, October 15, 2010 9:21 AM
To: Bob McNichols; Meadow Drive Business Partnership; Johannes Faessler;
hibberdf @cs.com; Peter Knobel; Liz Meyer; Joe Staufer; Adam Greenier; samten2l
@yahoo.com; bbank @vailinfo.org; bill @claggettrey.com; Bonnie; Jon Boord;
bob @obosent.com; brunolucal @aol.com; Jenn Bruno; Nick Calello;`
patrick @vailgallery.com; manricovail @manrico.com; craig @solarisvail.com;
db @eyepiecesofvail.com; karats2 @juno.com; Eva @pismoglass.com; Court Fable;
pippousa @hotmail.com; daniel.goldstein @efirstbank.com; Mark Gordon;
steveh @mountainhaus.com; blitz @vail.net; Pazzos @vail.net;`
i
karenjacobson @mmode.com; jess @bellissimavail.com; info @sonnenalp.com;
joniwt @aol.com; dustinkel @aim.com; Kendra Valbruna; Larry;
(warren @austriahausclub.com; Marc Levarn; Kelly Liken; Lourdes Ferzacca;
charlies @vail.net; jtmtntop @hotmail.com; vail @valbrunaitaly.com; Marty Stewart; Nancy
Kosloff, hanaosaki @qwest.net; LRackoff @plumtv.com; rapson @vail.net; Robby
Robinson; verbatimbooksellers @hotmail.com; marco @valbrunaitaly.com;
kidsport @vail.net; javick @ctive.com; Stephen Virion; cziegler @vailmountainlodge.com; J
S
Cc: Sybill Navas
Subject: RE: Proposed Banner Between Solaris and One Willow Bridge Road
I am in favor of this...
Rayla Kundolf
Masters Gallery Vail
100 East Meadow Drive, #27
Vail, Colorado 81657 g!
tel 970 -477 -0600 fax 970 -477 -0601
Monday - Saturday
10:00am - 9:00pm
Sunday
10:00am - 5:00pm
www.masters2allervvaii.com
- -- On Fri, 10/15/10, J S <jstaufer@live.com> wrote:
From: J S <jstaufer @live.com>
Subject: RE: Proposed Banner Between Solaris and One Willow Bridge Road
To: "Bob McNichols" <rmm @daedalusllc.com >, "Meadow Drive Business Partnership"
<vailmeadowdrive @ yahoo.com>, "Johannes Faessler" <jfaessler @sonnenalp.com >, hibberdf @cs.com, "Peter
Knobel" < peter @solarisvail.com >, "Liz Meyer" <lizmeyer @vail.net>, "Joe Staufer"
<joestaufer @earthlink.net>, "Adam Greenier" <gravityj @compuserve.com >, samten2l @yahoo.com,
"bbank @vailinfo.org" <bbank @vailinfo.org >, "bill @claggettrey.com" <bill @claggettrey.com >, 'Bonnie"
<bonnie @valbrunaitaly.com >, "Jon Boord" <jon @solarisvail.com >, "bob @obosent.com"
<bob @obosent.com >, "brunolucal @aol.com" <brunolucal @aol.com >, "Jenn Bruno" <jenn @lucabruno.com >,
"Nick Calello" <ncalello @vailplazahotel.com >, "patrick @vailgallery.com" < patrick @vailgallery.com >,
12/21/2010
7-6- 11 i
"manricovail @manrico.com" <manricovail @manrico.com >, "craig @solarisvail.com"
< craig @solarisvail.com >, "db @eyepiecesofvail.com" <db @eyepiecesofvail.com >, "karats2 @juno.com"
<karats2 @juno.com >, "Eva @pismoglass.com" <eva @pismoglass.com >, "Court Fable"
< court@marketplaceonmeadowdrive.com >, "pippousa @hotmail.com" <pippousa @hotmail.com >,
"daniel.goldstein @efirstbank.com" <daniel.goldstein @efirstbank.com >, "Mark Gordon"
<mgordon @vailgov.com >, "steveh @mountainhaus.com" < steveh @mountainhaus.com >, "blitz @vail.net"
<blitz @vail.net>, "Pazzos @vail.net" <pazzos @vail.net>, "karenjacobson @mmode.com"
<karenjacobson @mmode.com >, "jess @bellissimavail.com" <jess @bellissimavail.com >,
"info @sonnenalp.com" <info @sonnenalp.com >, "joniwt @aol.com" <joniwt @aol.com >, "dustinkel @aim.com"
<dustinkel @aim.com >, "Kendra Valbruna" < kendra @valbrunaitaly.com >, "Larry" <larrynis @hotmail.com >,
"lwarren @austriahausclub.com" <lwarren @austriahausclub.com >, "Marc Levarn" <marc @vailgallery.com >,
"Kelly Liken" <kelly @kellyliken.com >, "Lourdes Ferzacca" < lourdesferzacca@yahoo.com>,
"charlies @vail.net" <charlies @vail.net>, "jtmtntop @hotmail.com" <jtmtntop @hotmail.com >,
"vail @valbrunaitaly.com" <vail @valbrunaitaly.com >, "Marty Stewart" <sunlandsilvergallery @ msn.com>,
"Nancy Kosloff' <nancymdvail @yahoo.com >, "hanaosaki @qwest.net" <hanaosaki @gwest.net>,
"LRackoff @plumtv.com" <lrackoff @plumtv.com >, "rapson @vail.net" <rapson @vail.net>, "Masters Gallery"
<mastersgalleryvail @ yahoo.com>, "Robby Robinson" <robby @robinsonmitchell.com >,
verbatimbooksellers @hotmail.com, marco @valbrunaitaly.com, "kidsport @vail.net" <kidsport@vail.net >,
"javick @ctive.com" <javick @ctive.com >, "Stephen Virion" <labottegavail @aol.com >,
" cziegler @vailmountainlodge.com" < cziegler @vailmountainlodge.com>
Cc: snavas @vailgov.com
Date: Friday, October 15, 2010, 8:03 AM
I will be writing in support as well.
Best,
Jonathan Staufer
100 E. Meadow Dr., #32
Vail, Colorado 81657
970.343.0363
> From: rmm @daedalusllc.com
> To: vailmeadowdrive @yahoo.com; jfaessler @sonnenalp.com; hibberdf @cs.com; peter @solarisvail.com;
lizmeyer @vail.net; joestaufer @earthlink.net; gravityj @compuserve.com; samten2l @yahoo.com;
bbank @vailinfo.org; bill @claggettrey.com; bonnie @valbrunaitaly.com; jon @solarisvail.com;
bob @obosent.com; brunolucal @aol.com; jenn @lucabruno.com; ncalello @vailplazahotel.com;
patrick @vailgallery.com; manricovail @manrico.com; craig @solarisvail.com; db @eyepiecesofvail.com;
karats2 @juno.com; eva @pismoglass.com; court@marketplaceonmeadowdrive.com; pippousa @hotmail.com;
daniel.goldstein @efirstbank.com; mgordon @vailgov.com; steveh @mountainhaus.com; blitz @vail.net;
pazzos @vail.net; karenjacobson @mmode.com; jess @bellissimavail.com; info @sonnenalp.com;
joniwt @aol.com; dustinkel @aim.com; kendra @valbrunaitaly.com; larrynis @hotmail.com;
lwarren @austriahausclub.com; marc @vailgallery.com; kelly @kellyliken.com; lourdesferzacca @yahoo.com;
charlies @vail.net; jtmtntop @hotmail.com; wail @valbrunaitaly.com; sunlandsilvergallery @msn.com;
nancymdvail @yahoo.com; hanaosaki @qwest.net; lrackoff @plumtv.com; rapson @vail.net;
mastersgalleryvail @yahoo.com; robby @robinsonmitchell.com; verbatimbooksellers @hotmail.com;
jstaufer @live.com; marco @valbrunaitaly.com; kidsport@vail.net; javick @ctive.com; labottegavail @aol.com;
cziegler@vailmountainlodge.com
> CC: snavas @vailgov.com; craig @solarisvail.com
2
12/21/2010
7 -6- 12
• Subject: Re: Proposed Banner Between Solaris and One Willow Bridge Road
• Date: Thu, 14 Oct 2010 14:57:12 -0700
>
• FYI,
• I support the proposal and will be sending an email message to the town planner to indicate as such.
• Bob
> i
> Sent from my Verizon Wireless Phone
>;
>
• - - - -- Reply message - - - --
> From: "Meadow Drive Business Partnership" <vailmeadowdrive @yahoo.com>
• Date: Thu, Oct 14, 2010 1:15 pm t
• Subject: Proposed Banner Between Solaris and One Willow Bridge Road
• To: "Johannes Faessler" <jfaessler @sonnenalp.com >, "Fred Hibberd" <hibberdf @cs.com >, "Peter Knobel"
< peter @solarisvail.com >, "Bob McNichol" <rmm @daedalusllc.com >, "Liz Meyer" <LizMeyer @vail.net>,
"Joe Staufer" <joestaufer @earthlink.net>, "Adam Greenier" <gravityj @compuserve.com >, "Sam Ten Aungae"`
<samten2l @yahoo.com >, "Bobby Banks" <bbank @vailinfo.org >, "Bill Rey" <bill @claggettrey.com >,
"Bonnie" < Bonnie @valbrunaitaly.com >, "Jon Boord" <jon @solarisvail.com >, "Bob Boselli"
<bob @obosent.com >, "Luca Bruno" <brunolucal @aol.com >, "Jenn Bruno" <jenn @lucabruno.com >, "Nick
Calello" <ncalello @vailplazahotel.com >, "Patrick Cassidy" <patrick @vailgallery.com >, "Christina"
<manricovail @manrico.com >, "Craig Cohen" <craig @solarisvail.com >, "Dan Barry"
<db @eyepiecesofvail.com >, "Dan Telleen" <karats2 @juno.com >, "Eva" <Eva @pismoglass.com >, "Court
Fable" < court@marketplaceonmeadowdrive.com >, "Giusseppi" <pippousa @hotmail.com >, "Daniel Goldstein"
<daniel.goldstein @efirstbank.com >, "Mark Gordon" <mgordon @vailgov.com >, "Steve Hawkins"
<steveh @mountainhaus.com >, "Alexandra Henderson" <blitz @vail.net>, "Hutch" <Pazzos @vail.net>, "Karen
Jacobson" <karenjacobson @mmode.com >, "Jess" <jess @bellissimavail.com >, "Joni Taylor"
<info @sonnenalp.com >, "Joni Taylor" <joniwt @aol.com >, "Dustin Kelly" <dustinkel @aim.com >, "Kendra"
< Kendra @valbrunaitaly.com >, "Larry" <larrynis @hotmail.com >, "Laura Warren"
<lwarren @austriahausclub.com >, "Marc LeVarn" <marc @vailgallery.com >, "Kelly Liken"
<kelly @kellyliken.com >, "Lourdes Ferzacca" <lourdesferzacca @ yahoo.com>, "Manager" <charlies @vail.net>, «!
"Manager" <jtmtntop @hotmail.com >, "Manager" <vail @valbrunaitaly.com >, "Marty Stewart"
<sunlandsilvergallery @msn.com >, "Nancy" <nancymdvail @ yahoo.com>, "Osaki & #39;s"
<hanaosaki @gwest.net>, "Liz Rackoff' <LRackoff @plumtv.com >, "Susan Rapson" <rapson @vail.net>,
"Rayla Kundolf' <mastersgalleryvail @ yahoo.com>, "Robby" <robby @robinsonmitchell.com >, "Robert"
<verbatimbooksellers @hotmail.com >, "Jonathan Staufer" <jstaufer @live.com >, "Marco Tonazzi"
<marco @valbrunaitaly.com >, "Paul Treacy" <kidsport@vail.net>, "John Vickers" <javick @ctive.com >, "Steve
Viron" <labottegavail @aol.com >, "C Ziegler" <cziegler @vailmountainlodge.com>
1
> Cc: "Snavas @vailgov.com" <Snavas @vailgov.com >, "Craig Cohen" <craig @solarisvail.com>
• Hello All -
• I have been contacted by the Town of Vail to ask for our organization's support of a proposal to install a
banner spanning Meadow Drive between the corner of One Willow Bridge Road and Solaris. Currently there
are two banner locations in the TOV; one at the entrance to Lionshead beneath their arch and the other on
Bridge Street. TOV receives many requests from different organizations holding events within the town to
advertise their events on the existing banners, so much so that they are in need of a new location for another
banner. I have attached a photo showing the area of the street where the proposed banner would hang. Any
comments pro or con can will be welcome.
> If the general consensus is that this would be a good thing to have on our street and most members, including
3
12/21/2010
1
7 -6- 13
landlords and businesses adjacent to the banner, are in favor I will then tell the TOV that Meadow Drive
Partnership supports the proposal. TOV has asked for our response by the end of this coming weekend. Thanks
for your attention.
> Sincerely,
> Marc LeVarnPresident, Meadow Drive Partnership
4
12/21/2010
7-6-14
[
Bill Gibson
From: Sybill Navas
Sent: Tuesday, October 19, 2010 5:29 PM
To: Bill Gibson
Subject: FW: Proposed Banner Between Solaris and One Willow Bridge Road
Hi Bill-
Below is another vote in favor of the Meadow Drive banner site proposal. Please share it with the DRB. Thanks!
S�bitt Nayas
Special Events Coordinator
Town of Vail
75 S. Frontage Rd., Vail, CO 81657
Phone: 970 477 -3551 Cell: 970 376 -2394 Fax: 970 479 -2157
specialevents(a)-vailgov.com
From: labottegavail @aol.com [mailto:labottegavail @aol.com]
Sent: Tuesday, October 19, 2010 2:34 PM
To: vailmeadowdrive @yahoo.com; jfaessler @sonnenalp.com; peter @solarisvail.com; rmm @daedalusllc.com;
LizMeyer @vail.net; joestaufer @earthlink.net; gravityj @compuserve.com; samten2l @yahoo.com; bbank @vailinfo.org;
bill @claggettrey.com; Bonnie @valbrunaitaly.com; jon @solarisvail.com; bob @obosent.com; brunolucal @aol.com; ¢;
jenn @lucabruno.com; ncalello @vailplazahotel.com; patrick @vailgallery.com; manricovail @manrico.com;
craig @solarisvail.com; db @eyepiecesofvail.com; karats2 @juno.com; Eva @pismoglass.com;
court@marketplaceonmeadowdrive.com; pippousa @hotmail.com; daniel .goldstein @efirstbank.com;
mgordon @vailgov.com; steveh @mountainhaus.com; blitz @vail.net; Pazzos @vail.net; karenjacobson @mmode.com;
jess @bellissimavail.com; info @sonnenalp.com; joniwt @aol.com; dustinkel @aim.com; Kendra @valbrunaitaly.com;
larrynis @hotmail.com; (warren @austriahausclub.com; marc @vailgallery.com; kelly @kellyliken.com;
t
lourdesferzacca @yahoo.com; charlies @vail.net; jtmtntop @hotmail.com; vail @valbrunaitaly.com;
sunlandsilvergallery@msn.com; nancymdvail @yahoo.com; hanaosaki @qwest.net; LRackoff @plumtv.com;
rapson @vail.net; mastersgalleryvail @yahoo.com; robby @robinsonmitchell.com; verbatimbooksellers @ hotmail.com;
jstaufer @live.com; marco @valbrunaitaly.com; kidsport@vail.net; javick @ctive.com; cziegler @vailmountainlodge.com
Cc: Sybill Navas
Subject: Re: Proposed Banner Between Solaris and One Willow Bridge Road
I would be in agreement as long as it was not utilized to advertise or promote individual entities and promoted ski events,
Bravo, Dance Festival, etc.
Steve
r
-- Original Message---- -
From: Meadow Drive Business Partnership <vailmeadowdrive @yahoo.com>
To: Johannes Faessler <jaessler @sonnenalp.com >; Fred Hibberd <hibberdf @cs.com >; Peter Knobel
<peter @solarisvail.com >; Bob McNichol <rmm @daedalusllc.com >; Liz Meyer <LizMeyer @vail.net >; Joe Staufer
<joestaufer @earthlink.net >; Adam Greenier <gravityj @compuserve.com >; Sam Ten Aungae <samten21 @yahoo.com >;
Bobby Banks <bbank @vailinfo.org >; Bill Rey <bill @claggettrey.com >; Bonnie <Bonnie @valbrunaitaly.com >; Jon Boord`
12/21/4)10
7-e- 15
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: First reading of Ordinance No. 22, Series of 2010, an ordinance amending Title
11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations
Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box
signs for theaters, and setting forth details in regard thereto. (PEC100049)
PRESENTER(S): Bill Gibson, Planner and David Kelley, Rodney Sartain Architects
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny the first reading of Ordinance No. 22, Series of 2010.
BACKGROUND: On November 22, 2010 the Planning and Environmental Commission held a
public hearing to discuss the proposed amendments to the Town's sign regulations. The
Commission forwarded a recommendation of approval, with modifications, for the proposed
sign regulation amendments to the Vail Town Council.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves Ordinance No. 22, Series of 2010, on first reading.
ATTACHMENTS:
Town Council memo
Ordinance No. 22
PEC memo
PEC memo attachment A
PEC memo attachment B
PEC results
12/21/2010
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: December 21, 2010
SUBJECT: Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign
Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed
Regulations Amendment, Vail Town Code, to allow entertainment signs for
theaters and menu boxes for eating and drinking establishments in theaters to be
electronic signs, and setting forth details in regard thereto. (PEC100049)
Applicant: CineBistro, represented by Rodney L. Sartain Architects
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, CineBistro, represented by Rodney L. Sartain Architects, is requesting a
first reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign
Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations
Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes
for eating and drinking establishments in theaters to be electronic signs, and setting forth
details in regard thereto.
The proposed Ordinance No. 22, Series of 2010, (Attachment A), November 22, 2010
Staff memorandum to the Planning and Environmental Commission (Attachment B), and
the November 22, 2010 Planning and Environmental Commission hearing results
(Attachment C), have been attached for review.
II. BACKGROUND
On November 22, 2010 the Planning and Environmental Commission held a public
hearing on the proposed Sign Regulations amendments. At that hearing, the Planning
and Environmental Commission voted 4 -2 -0 (Pierce and Rediker opposed) to forward a
recommendation to the Vail Town Council that entertainment signs for theaters and
menu boxes for eating and drinking establishments in theaters should be allowed to be
electronic signs.
The Planning and Environmental Commission also forwarded a recommendation that
the Vail Town Council, the Planning and Environmental Commission, and the Design
Review Board should hold a joint work session to discuss general policies and additional
regulations for all electronic signs. However, the Planning and Environmental
Commission did not want these broader electronic sign policy discussions to delay the
adoption of the applicant's request.
Commissioners Pierce and Rediker were not opposed to the electronic signs installed at
Cinebistro; however, both commissioners voted against the motion to forward a
recommendation of approval for the proposed amendments. Both commissioners
1
12/21/2010
8 -1 -1
expressed their concern that the applicant's proposed amendments did not address
electronic sign brightness, electronic sign hours of operation, entertainment sign size,
and signs emitting audio advertisement.
III. RECOMMENDATION
The Planning and Environmental Commission forwarded a recommendation of
approval to the Town Council for the first reading of Ordinance No. 22, Series of 2010,
to allow entertainment signs for theaters and menu boxes for eating and drinking
establishments in theaters to be electronic signs.
Based upon the concerns expressed by the Planning and Environmental Commission at
their November 22, 2010 hearing; Staff recommends the Vail Town Council consider
adopting modifications to Ordinance No. 22, Series of 2010, to address electronic sign
brightness, electronic sign hours of operation, entertainment sign size, and signs
emitting audio advertisement.
Communities typically regulate the brightness of electronic signs by either establishing a
prescriptive standards such as a maximum nit level (nit is the unit of measurement for
luminance: total light emitted by a sign divided by the sign surface area) or by
establishing design guidelines such as signs being allowed to be "no brighter than is
necessary for clear and adequate visibility." At this time, Staff recommends the Town of
Vail adopt a general design guideline rather than a prescriptive standard to control the
brightness of electronic entertainment signs and electronic menu boxes.
The Planning and Environmental Commission identified hours of operation for electronic
signs as an issue that could affect adjacent property owners if left unregulated.
Electronic signs could become a public nuisance if allowed to emit light or produce glare
onto adjacent streets and private properties during nighttime hours. Additionally, the use
of electronic signs during nighttime hours could be counter to the Town's dark sky
policies and goals of reducing light pollution. To address these concerns, Staff
recommends limiting the hours of operation for electronic entertainment signs and menu
boxes. As a point of reference, the Town's adopted nuisance regulations more strictly
limit the levels of noise and amplified sound in town during nighttime hours. Those
nighttime hours are identified by the Vail Town Code as 11:00pm to 7:00am the following
morning. Staff recommends not allowing the operation of electronic entertainment signs
and electronic menu boxes during these hours.
The Planning and Environmental Commission noted concern that the Town's adopted
sign regulations do not limit the size of entertainment signs with a quantified
measurement, but only with the phrase "poster image ". Industry standard paper movie
posters measure both 27x40 inches and 27x41 inches in size (7.7 square feet in area).
Staff recommends limiting the size of each entertainment sign to a maximum size of 8
square feet, subject to design review approval.
The Town's adopted sign regulations currently prohibit signs that "emit any sound which
is intended to attract attention ". Due to the vagueness of the phrase "which is intended
to attract attention," Staff recommends simply prohibiting signs that "emit any sound."
The Town's adopted sign regulations include a list of prohibited signs. Staff
recommends clarifying at the beginning of this list that some signs typically prohibited
2
12/21/2010
8 -1 -2
may be allowed by other provisions of the sign regulations. For example, the adopted
sign regulations have been interpreted to allow "government signs" installed by the Town
of Vail for traffic control and other regulatory purposes to be exempted from the
prohibited signs standards of the Town Code.
While the Town's adopted sign regulations have specific signage allowances for theaters
and movie /media rental businesses, neither the Town's adopted sign regulations nor the
adopted zoning regulations define these land uses. Staff recommends defining theaters
and movie /media rental businesses as part of this ordinance.
Should the Vail Town Council choose to adopt Ordinance No. 22, Series of 2010, on first
reading, Staff recommends the Council adopt the following modifications (text to be
deleted is in stF ig] , text that is to be added is bold, and sections of text that are
not amended have been omitted):
SECTION 1 . Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in s t F ik e th Fe g l , text that is to be added is
bold, and sections of text that are not amended have been omitted):
Theater: An establishment for the rehearsal and presentation of
performing arts and /or the showing of movies or motion pictures.
SECTION 2 . Section 11 -2, Definitions, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in s t F ik e thr9 gh text that is to be added is
bold, and sections of text that are not amended have been omitted):
Movie /media rental business: A retail establishment engaged in the
sale or lease of recorded movies, video games, or other forms of
electronic media.
Theater: An establishment for the rehearsal and presentation of
performing arts and /or the showing of movies or motion pictures.
SECTION 3 . Section 11- 6 -3 -C, Menu Box (SD1 and SD2), Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stF igl , text that
is to be added is bold, and sections of text that are not amended have been
omitted):
1. Number: Each business shall be allowed up to two (2) menu boxes per
business frontage, per subsection C5 of this section.
2. Area: Businesses shall be allowed up to six (6) square feet of menu
box area per business frontage. No single menu box shall exceed six (6)
square feet, and no business frontage shall display more than six (6)
square feet of menu box area.
3. Height: The height of the highest part of the menu box shall not extend
more than six feet (6) from existing grade.
4. Location: Menu boxes shall be displayed on the business frontage.
5. Special Provisions: Menu boxes are allowed only at eating and drinking
establishments for the exclusive display of menus.
3
12/21/2010
8 -1 -3
Menu boxes for eating and drinking establishments in theaters may
be electronic signs. When used as a menu box, the illumination
levels of an electronic sign must be adjusted to the ambient light
conditions and be no brighter than is necessary for clear and
adequate visibility. When used as a menu box, electronic signs
shall not emit light between the hours of eleven o'clock (11:00) PM
and seven o'clock (7:00) AM the following day.
SECTION 4 . Section 11 -7 -8, Entertainment Signs, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikethr„ n" , text that is to be
added is bold, and sections of text that are not amended have been omitted):
Theaters and movie /media rental business will be allowed three (3) poster
images in the front window at any one time. The allowable area of each
entertainment sign may be up to eight (8) square feet, subject to
design review approval.
Entertainment signs for theaters may be electronic signs. When
used as an entertainment signs, the illumination levels of an
electronic sign must be adjusted to the ambient light conditions and
be no brighter than is necessary for clear and adequate visibility.
When used as an entertainment sign, electronic signs shall not emit
light between the hours of eleven o'clock (11:00) PM and seven
o'clock (7:00) AM the following day.
SECTION 5 . Section 11 -9 -2, Prohibited Signs, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikethr„ n" , text that is to be
added is bold, and sections of text that are not amended have been omitted):
11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the
following signs are prohibited within the Town of Vail:
SECTION 6 . Sub - section 11- 9 -2 -D, Prohibited Signs, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethr„ g l , text that
is to be added is bold, and sections of text that are not amended have been
omitted):
D. Signs that incorporate projected images, emit any sound `"'ham
i RtE?R dE? d to attraGt att E?Rt ran or involve the use of live animals.
Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, the
Community Development Department recommends the Town Council pass the following
motion:
"The Town Council approves, on first reading, Ordinance No. 22, Series of 2010,
an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow
entertainment signs for theaters and menu boxes for eating and drinking
establishments in theaters to be electronic signs, and setting forth details in
regard thereto. "
4
12/21/2010
8 -1 -4
Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, on
first reading, the Community Development Department recommends the Town Council
makes the following findings:
"Based upon the review of the criteria outlined in Section V of Staff's November
22, 2010 memorandum and the evidence and testimony presented, the Vail
Town Council finds:
1. That the amendments are 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 amendments further the general and specific purposes of the sign
regulations; and
3. That the amendments promote the health, safety, morals, and general welfare
of the town and promote 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. "
IV. ATTACHMENTS
Attachment A: Ordinance No. 22, Series of 2010
Attachment B: November 22, 2010 Staff memorandum to the PEC
Attachment C: November 22, 2010 PEC hearing results
5
12/21/2010
5 -1 -5
ORDINANCE NO. 22
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW
ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING
ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, technology has evolved and the use of electronic signs has become the industry
standard for movie theaters; and,
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth
the procedures for amending the Town's Sign Regulations; and,
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on November 22, 2010 on the application to amend the Town's Sign Regulations, in
accordance with the provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council of the request to amend
the Town's Sign Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations 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,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1 . Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in striketh e g , text that is to be added is bold, and sections of
text that are not amended have been omitted):
Theater: An establishment for the rehearsal and presentation of performing
arts and /or the showing of movies or motion pictures.
SECTION 2 . Section 11 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in striketh e g , text that is to be added is bold, and sections of
text that are not amended have been omitted):
Movie /media rental business: A retail establishment engaged in the sale or
lease of recorded movies, video games, or other forms of electronic media.
Ordinance No. 22, Series of 2010, first reading 1
12/21/2010
8 -2 -1
Theater: An establishment for the rehearsal and presentation of performing
arts and /or the showing of movies or motion pictures.
SECTION 3 . Section 11- 6 -3 -C, Menu Box (SD1 and SD2), Vail Town Code, is hereby
amended in part as follows (text to be deleted is in str ethre ql , text that is to be added is
bold, and sections of text that are not amended have been omitted):
1. Number: Each business shall be allowed up to two (2) menu boxes per
business frontage, per subsection C5 of this section.
2. Area: Businesses shall be allowed up to six (6) square feet of menu box area
per business frontage. No single menu box shall exceed six (6) square feet, and
no business frontage shall display more than six (6) square feet of menu box
area.
3. Height: The height of the highest part of the menu box shall not extend more
than six feet (6) from existing grade.
4. Location: Menu boxes shall be displayed on the business frontage.
5. Special Provisions: Menu boxes are allowed only at eating and drinking
establishments for the exclusive display of menus.
Menu boxes for eating and drinking establishments in theaters may be
electronic signs. When used as a menu box, the illumination levels of an
electronic sign must be adjusted to the ambient light conditions and be no
brighter than is necessary for clear and adequate visibility. When used as a
menu box, electronic signs shall not emit light between the hours of eleven
o'clock (11:00) PM and seven o'clock (7:00) AM the following day.
SECTION 4 . Section 11 -7 -8, Entertainment Signs, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in str ethre gl , text that is to be added is bold, and
sections of text that are not amended have been omitted):
Theaters and movie /media rental business will be allowed three (3) poster images in
the front window at any one time. The allowable area of each entertainment sign
may be up to eight (8) square feet, subject to design review approval.
Entertainment signs for theaters may be electronic signs. When used as an
entertainment signs, the illumination levels of an electronic sign must be
adjusted to the ambient light conditions and be no brighter than is necessary
for clear and adequate visibility. When used as an entertainment sign,
electronic signs shall not emit light between the hours of eleven o'clock
(11:00) PM and seven o'clock (7:00) AM the following day.
SECTION 5 . Section 11 -9 -2, Prohibited Signs, Vail Town Code, is hereby amended in part
as follows (text to be deleted is in str ethre gl , text that is to be added is bold, and sections
of text that are not amended have been omitted):
11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the following
signs are prohibited within the Town of Vail:
SECTION 6 . Sub - section 11- 9 -2 -D, Prohibited Signs, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in strikethr%914, text that is to be added is bold, and
sections of text that are not amended have been omitted):
Ordinance No. 22, Series of 2010, first reading 12/21/20
8 -2 -2
D. Signs that incorporate projected images, emit any sound `"'hinh
ft FaG t atteRtinn or involve the use of live animals.
SECTION 7. 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 Vail 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 8. The Vail 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 Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 9. The amendment of any provision of the Town Code 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 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 10. 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 21S day of December, 2010 and a
public hearing for second reading of this Ordinance set for the 4 day of January, 2011 at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 22, Series of 2010, first reading 12/21/20
8 -2 -3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 22, 2010
SUBJECT: A request for a recommendation to the Vail Town Council on prescribed
regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow
for digital format entertainment signs and menu box signs for theaters, and
setting forth details in regard thereto. (PEC100049)
Applicant: CineBistro, represented by Rodney L. Sartain Architects
Planner: Bill Gibson
I. SUMMARY
The applicant CineBistro, represented by Rodney L. Sartain Architects, is requesting a
recommendation to the Vail Town Council for prescribed regulations amendments to
Title 11, Sign Regulations, Vail Town Code, to allow for digital format entertainment
signs for movie theaters and digital format menu box signs for movie theater restaurants.
As this is a policy decision on whether to permit electronic signs.
Staff recommends the Planning and Environmental Commission and the Town Council
make the following policy decisions in reviewing this application:
• Are signs with digital messaging compatible and complimentary to the "Vail"
brand and the desired character of Vail's neighborhoods?
• Do signs with digital messaging achieve the Town's development objectives of
being a resort and residential community of the highest quality?
• Are signs with digital messaging appropriate for use as movie theater
entertainment signs (i.e. coming attraction /now showing posters)?
• Are signs with digital messaging appropriate for use as restaurant menu boxes?
• Are there restrictions or limitation that must be applied to signs with digital
messaging to achieve the Town's development objectives?
II. DESCRIPTION OF REQUEST
CineBistro is a movie theater and restaurant located in the Solaris building at 141 East
Meadow Drive. While CineBistro is the catalyst for this application, the proposed sign
regulation amendments will affect all existing and future movie theaters and movie
theater restaurants. The applicant is proposing to amend the Town's sign regulations to
address the following:
• Allow digital messaging on movie theater posters (i.e. "entertainment signs ")
• Allow digital messaging on movie theater restaurant menu boxes
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The applicant contends that "CindBistro is unique within the rest of Vail. the Movie
Theater is different from a typical restaurant or retail space, in that it is an attraction and
community amenity which would be atypical of most development projects. CindBistro is
clearly a public amenity of Vail. "
The applicant states "...there is no additional allowance for the new digital poster
technology that is essential to the customer experiencing the complete digital cinema
experience." Additionally, "This amendment allows for movie theaters to have the latest
high definition movie posters and provides the Town of Vail with a state of the art
entertainment venue. "
The applicant identifies that CineBistro includes a full service restaurant which is allowed
a menu box sign pursuant to the Town's existing sign regulations. The applicant is
proposing that theater restaurant menu boxes also be digital since "the digital menu box
allows all the exterior CindBistro signage to have the same look for a unified design and
presentation. " A copy of the applicant's request has been attached for review
(Attachment A).
The applicant's proposed regulation amendments are as follows (text to be deleted is in
s t F il % th Fe gh , text that is to be added is bold, and sections of text that are not amended
have been omitted):
11 -7 -8: ENTERTAINMENT SIGNS:
Theater —ap Movie /media rental business will be allowed three (3) poster
images in the front window at any one time. Theatre business will be allowed
three (3) poster images in the front window at anyone time. Theater poster
images in digital format with embedded movie trailers and matching digital
menu box are allowed for theaters only. The allowable area of a business
sign for a theater shall be fifteen (15) square feet and the design shall be
subject to design review.
III. BACKGROUND
The Town of Vail's sign regulations were adopted for the following purpose:
"These regulations are enacted for the purpose of promoting the health, safety,
morals, and general welfare of the town of Vail and to promote the coordinated
and harmonious design and placement of signs in the town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality. "
The Town of Vail's current policies prohibit digital messaging on signs through the
following provisions of the adopted sign regulations:
11 -9 -2: Prohibited Signs, Vail Town Code (in part)
`A. Animated signs that incorporate the use of movement (aside from natural
wind induced movement) through revolving, rotating, or otherwise moving parts;
B. Signs with the illusion of movement;
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C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate,
blink, flicker, or vary in intensity and /or color;
D. Signs that incorporate projected images, emit any sound which is intended to
attract attention, or involve the use of live animals. "
There are four exceptions to these prohibitions: government signs, public parking on
private property signs, ski base area signs, and advertisement located further than three
feet inside a store front window.
The Town of Vail utilizes digital messaging on signs signs at the interstate highway exit
ramps, along the frontage road, at the public parking structures, etc. for traffic control
and other governmental purposes.
On May 18, 2010 the Town of Vail adopted Ordinance No. 10, Series of 2010, to allow
signage for public parking on private property uses. This ordinance formalized the
allowance of digital messaging on signs at the Front Door loading dock, Arrabelle
loading dock, and Solaris public parking structures.
When adopting this ordinance, the Town of Vail determined that bowling alleys and
movie theaters are unique land uses that should be allowed different signage than other
businesses. This ordinance allows bowling alleys and movie theaters to install business
identification signs up to 15 sq.ft. in area, rather than the standard 6 sq.ft maximum.
On November 2, 2010 the Town of Vail adopted Ordinance No. 16, Series of 2010,
amended the sign regulations to allow digital messaging on signs in the Golden Peak,
Vail Village, Lionshead, and Cascade Village ski base areas, subject to approval of a
seasonal sign program. Ordinance No. 16 defines any sign using a digital message or
format as an "electronic sign" as follows:
Sign, Electronic: A sign utilizing video screens, variable message, digital display and
similar features. Illumination sources may include, but are not limited to LCD, LED,
incandescent, and other similar light sources. Messages may roll, scroll, dissolve,
and alternate periodically.
The Town's sign regulations define a window sign as `a sign installed upon or within
three feet (3) of a window...", so signs installed more than three feet inside a storefront
window are not regulated by the Town Code. There are examples in Vail Village,
Lionshead, and West Vail of businesses displaying advertisement with unregulated signs
installed more than three feet inside their storefront windows.
IV. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 11: SIGN REGULATIONS (in part)
11 -1 -2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
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coordinated and harmonious design and placement of signs in the town in a manner that
will conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town of
Vail.
2. To encourage the establishment of well designed, creative signs that enhance the
unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11 -2: DEFINITIONS: (in part)
MENU BOX: A freestanding or wall sign that is enclosed in glass or a similar clear
material on at least one side for the express purpose of displaying menus; allowed at
eating and drinking establishments only.
DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear
material on at least one side, for the express purpose of displaying real estate listings
and current movie listing; allowed at real estate businesses and movie theaters only.
SIGN, ELECTRONIC: A sign utilizing video screens, variable message, digital display
and similar features. Illumination sources may include, but are not limited to LCD, LED,
incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and
alternate periodically.
SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media
format, including, but not limited to, movies, television shows and audio CDs or records.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the sign regulations; and
The Town's sign regulations currently allow unique signage opportunities for unique land
uses. For example, bowling alleys and movie theaters are allowed larger business
identification signs than other land uses. In addition to a standard business identification
signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs ".
Similarly, real estate offices and movie theaters are allowed to erect "display box signs ".
Movie theaters and movie /media rental businesses are also allowed to erect
"entertainment signs ". And recently, "electronic signs" and "portable signs" have been
allowed to be installed in the Golden Peak, Vail Village, Lionshead, and Cascade ski
base areas.
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Staff believes the applicant's proposal to allow movies theaters to utilize digital format
entertainment signs is consistent with the following purposes of the Town's Sign
Regulations:
2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided
by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community. "
In 2003 the Town of Vail amended the sign regulations in an effort to streamline the
development review process and to create equity between businesses. Staff believes
allowing a restaurant in a movie theater to utilize digital messaging on menu box sign,
while prohibiting such menu box signs for restaurants in other locations, would be
inconsistent with the following purpose of the sign code:
"1. To describe and enable the fair and consistent enforcement of signs in the
Town of Vail."
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; and
Every sign installed within the Town of Vail is subject to design review. The Town's sign
design guidelines "exist to provide direction for signs within the Town of Vail that
enhance local streetscapes and provide aesthetic consistency with both the built and
natural environment. "
Pursuant to Section 11 -5 -2, Design Guidelines, Vail Town Code, any signs erected in
Vail should `be consistent with the scale and architecture already present in town" and
"be aesthetically harmonious with the mountain setting and the alpine village
atmosphere of the town." Additionally, signs should also be "compatible with the
placement of surrounding signs." In reviewing this proposed regulation amendment, the
Planning and Environmental Commission and the Town Council should consider if
allowing digital messaging on signs at movie theaters is harmonious with the town's
character and furthers the Town's development objective of being a resort and
residential community of the highest quality.
The Town's sign design guidelines recommend the use of natural materials (wood,
stone, metal, etc.) instead of plastics or synthetic materials and the use of natural colors;
the guidelines also recommend the use of creative graphics and lettering. In reviewing
this proposed regulation amendment, the Planning and Environmental Commission and
the Town Council should consider if allowing digital messaging on signs at movie
theaters is consistent with the intent of these guidelines.
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The Town's sign design guidelines recommend the use of inconspicuous sign lighting.
Pursuant to Section 11 -5 -2, Design Guidelines, Vail Town Code, "Lighting should be
integrated into the overall design of the sign, both in color and placement, and should be
of no greater illumination than is necessary to make the sign visible at night. Recessed
and indirect light sources are encouraged." In reviewing this proposed regulation
amendment, the Planning and Environmental Commission and the Town Council should
consider if allowing digital messaging on signs at movie theaters is consistent with the
intent of these guidelines.
While the provisions of Section 14 -10 -7, Outdoor Lighting, Vail Town Code, do not apply
to signs; these provisions do apply to all other outdoor lighting in the community. The
purpose of these outdoor lighting regulations is as follows:
"This section establishes standards and guidelines for minimizing the unintended
and undesirable side effects of outdoor lighting while encouraging the intended
and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose
of these standards and guidelines to allow the minimum amount of lighting
needed for the property on which the light sources are located, while protecting
the legitimate privacy of neighboring properties. The standards and guidelines
established in this section are also intended to promote the use of
environmentally sensitive and energy efficient lighting technologies, and to
promote `dark sky' lighting fixtures and installation techniques to reduce light
pollution. "
While Section 14 -10 -7, Outdoor Lighting, Vail Town Code, does not apply to signs; this
code section does articulate the Town's development objectives of ensuring safe and
functional outdoor lighting while also ensuring that outdoor lighting is aesthetically
pleasing and at minimum levels for the purpose of protecting neighbor privacy and
reducing light pollution. In reviewing this proposed regulation amendment, the Planning
and Environmental Commission and the Town Council should consider if allowing digital
messaging on signs at movie theaters is consistent with the Town's general
development objectives related to lighting.
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; and
The use of digital format signs is not only the trend in the movie theater industry, but in
the sign industry as a whole.
Many communities are currently deliberating how to appropriately regulate digital
technology as it relates to signs. In addition to traditional signage standards such as
size, number, and location; communities are now evaluating how to appropriately
regulate the operational modes of digital signs (e.g. brightness and glare; hours of
operation; sizes and colors of text /graphics; static versus changing messages; rates of
message change; display effects such as scrolling, flashing, spinning, zooming,
dissolving, fading, etc.; display of animation and video; sound; etc.). The Planning and
Environmental Commission and the Town Council should consider if specific restrictions
or limitations are necessary to ensure that signs with digital messaging are installed in a
manner that achieves the Town's development objectives.
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Should the Planning and Environmental Commission and Town Council choose to
approve the applicant's proposed amendments, Staff recommends the Commission and
Council consider applying limitations to the brightness of digital messaging and the rate
of message change displayed by those signs.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives, and
Every sign within the Town of Vail is subject to design review by the Community
Development Department and the Design Review Board. A primary purpose of this
review is to ensure signs are in keeping with the Town's development objectives through
the application of the sign design guidelines and the sign design standards prescribed by
the Town Code.
Many communities are currently deliberating how to appropriately regulate digital
technology as it relates to signs. To ensure the appropriateness of digital signs, other
communities have established prescriptive standards not only limiting sign size; but also
restricting the location and orientation of signs to certain zone districts, distances to
certain land uses such as schools and residences, relationship to street intersections or
scenic corridors, etc. Many communities also consider the impacts to neighboring uses
when regulating the operational modes of digital signs.
While every sign in Vail is subject to design review, the Planning and Environmental
Commission and Town Council may choose to amend the Town's sign design guidelines
and /or standards to more specifically regulate the use of electronic signs within the town.
For example, the Commission and Council may choose to impose limitations on the
operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes
and colors of text /graphics; static versus changing messages; rates of message change;
display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.;
display of animation and video; sound; etc.).
5. Such other factors and criteria the Commission and /or Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, of this request to the Vail Town
Council; the Community Development Department recommends the Commission pass
the following motion:
" "The Planning and Environmental Commission forwards a recommendation of
approval, with modifications, to the Vail Town Council on prescribed regulation
amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section
11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital
format entertainment signs and menu box signs for theaters, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, to the Vail Town Council for the
7
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proposed text amendment, the Community Development Department recommends the
Commission recommends the following modifications (text to be deleted is in
strike +hr,,, gh , text that is to be added is bold, and sections of text that are not amended
have been omitted):
1. Section 11 -7 -8, Entertainment Signs, Vail Town Code, should be amended as
follows:
11 -7 -8: ENTERTAINMENT SIGNS:
Theaters and movie /media rental business will be allowed three (3) poster
images in the front window at any one time. Entertainment signs may
be electronic signs. When used as entertainment signs, electronic
signs shall only display a static image. When used as entertainment
signs, the illumination levels of an electronic sign must adjust to the
ambient light conditions and be no brighter than is necessary for
clear and adequate visibility.
2. Section 11 -9 -2, Prohibited Signs, Vail Town Code, (in part) should be
amended as follows:
11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the
following signs are prohibited within the Town of Vail:"
Staff does not believe there is a distinction between a restaurant in a movie theater and
a restaurant in any other location within Vail. Since there is no distinction between
restaurants, Staff does not recommend amending the Town Code to allow digital format
menu box signs for movie theater restaurants. Staff believes doing so would be
inconsistent with the purpose of the sign code "To describe and enable the fair and
consistent enforcement of signs in the Town of Vail. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, to the Vail Town Council for the
proposed text amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section V of Staff's November
22, 2010 memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
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 sign
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 environment and its
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established character as a resort and residential community of the highest
quality. "
VII. ATTACHMENTS
A. Applicant's Request
B. Electronic Sign Example
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C ine " Bi str o
Solaris
Vail, Colorado
o7 -822
Submittal to the Town of Vail
for a Sign Regulations Text Amendment
Rodney L. Sartain, Architect
1909 CouMiey Drive
Bingham, AL 35209
Office: (205) 879 -5458 Fax. (205) 879 -WO
12/21/2010
8 -4 -1
Cobb Cindbistro Solaris
Vail, Colorado
Page 2 of o
I. Introduction to the Sign Code Amendment
In 2003, the Town of Vail undertook a major re -write of Chapter 11: Sign Regulations. This re-
write was highly successful and generally greatly simplified the regulations pertaining to signage.
However, as is typical with any new or modified regulations, there is a need to revisit some issues
that were either not considered at the time of adoption, or conditions have changed which would
make additional tweaking necessary. Based on input from the Town Staff, the Srolaris project,
represented by Rodney L. Sartain, Architects, is submitting a text amendment to the Chapter 11:
Sign Regulations, to meet the unique needs of CineBistro. These amendments can be characterized
by the unique needs of a movie theatre.
A. Movie Theater
In general, commercial uses are treated equally in the Sign Regulations. However, there are certain
uses that due to their unique characteristics, are deserving of special consideration for signage.
CineBistro is unique within the rest of Vail: the Movie Theater is different from a typical restaurant
or retail space, in that it is an attraction and community amenity which would be atypical of most
development projects. CineBistro is clearly identified as public amenity of Vail.
Currently, the Sign Regulations provides a definition for "Entertainment Signs" as follows:
SIGN, ENTERTAINMENT ° A sign that serves to advertise a visual or audio media format,
including, but not limited to, movies, television shows and audio CDs or records.
Then Section 11 -7-8: Entertainment Signs, provides additional allowable signage for movie
posters, stating the following with regard to signage for movie theaters:
11 -7 -8: ENTERTAINMENT SIGNS:
Theaters and movielmedia rental business will be allowed three (3) poster images in the
front window at any one time. The allowable area of a business sign for a theater shalt be
fifteen (15) square feet and the design shalt be subject to design review.
However, there is no additional allowance for the new digital poster technology that is essential to
the customer experiencing the complete digital cinema experience.
Section 11 -7 -8 is proposed to be amended as follows (text to be added is show in bald italic):
11 -7 -5: ENTERTAINMENT SIGNS:
Media rental business will be allowed three (3) poster images in the front window at any
one time. Theatre business will be allowed three (3) poster images in the front window at
any one time. Theater poster images in digital format with embedded movie trailers and
matching digital menu box are allowedfor theaters only. The allowable area ofa business
sign for a theater shall be fifteen (15) square feet and the design shall be subject to design
review.
This amendment allows for movie theaters to have the latest high definition digital movie posters
and provides the Town of Vail with a state of the art entertainment venue, The fact that the
Cine'Bistro is also a full service restaurant necessitates a menu box as allowed by Section 11 -6 -3:
2
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Cobb Cindbistro Solaris
Vaal, Colorado
Page 3 of 6
BUSINESS SIGNS; the digital menu box allows all the exterior Cine'Bistro signage to have the
same look for a unified design and presentation.
II. Review Criteria for Text Amendment
The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the
sign code. For the purposes of this application, each criterion will be addressed below:
1. The extent to which the test amendment furthers the general and specific purposes of
the zoning regulations; and
Our Analysis:
The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general
purpose of the regulations as follows:
12'1 -2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town, and to promote the
coordinated and harmonious development of the town in a manner that will
conserve and enhance its natural environment and its established character as
a resort and residential community ofhigh quality.
Section 12 -1 -2 also provides the specific purposes of the regulations as follows:
1. To provide for adequate light, air, sanitation, drainage, andpublic facilities.
2. To secure safety from fire, panic, loog avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreating opportunities, and other amenities
and facilities conducive to desired living quarters.
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Cobb Cinebistro Solaris
Vail, Colorado
Page 4 of b
11. To otherwise provide for the growth oJ'an orderly and viable community.
The text amendment to the Sign Regulations furthers the purposes of the zoning regulations
by furthering the qualities important to the community, such as protecting economic values,
enhancing the appearance of Vail, and providing for the growth of an orderly and viable
community. Specifically, this text amendment will enhance the Town's established
character of a resort and residential community of high quality.
In addition to the purpose statements of the Zoning Regulations, Title 11 -1 -2, Sign
Regulations, also provides the purpose statements of the Sign Regulations.
11 -1 -2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promotion
the health, safety, morals, and general welfare of the town of frail and to
promote the coordinated and harmonious design and placement of signs in the
town in a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of the highest
quality.
B. Specific Purpose: These regulations are intended to achieve the following
specific purposes:
1. To describe and enable the fair and consistent enforcement of signs in the
town of Vail.
2 To encourage the establishment of well designed creative signs that
enhance the unique character of f'ail's village atmosphere.
3. To preserve a successful and high quality business environment that is
aided by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
The proposed text amendment also furthers the purpose statements of the Vail Sign
Regulations. Each of the purpose statements is clearly enhanced by the proposed statement.
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; and
Our Analysis_
There are no adopted goals, objectives, or policies that directly relate to signage. However,
the following goals from the Vail Village Master Plan are applicable:
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Cobb Cin6blstro Solarls
Vail, Colorado
Page 5 of 6
GOAL #I ENCOURAGE HIGH QUALITY, REDEVELOPMEW WHILE
PRESERYING UNIQUE ARCHITECTURAL SCALE OF THE ViLLAGEIN
ORDER TO SUSTAIN ITS SENSE OF COMWWTY AND IDENTITY:.
I
Objective 1.2. Encourage the upgrading and redevelopment of residential and
commercial facilities.
Objective 1.3: Enhance new development and redevelopment through public
improvements done by private developers working in cooperation with the
town.
Policy 1.3.1: Public improvements shall be developed with the
participation of the private sector working within the Town.
Objective 1.4: Recognize the "historic" importance of the architecture,
structures, landmarks, plazas and features in preserving the character of mail
Village.
Poly 1.4.2: The Town may grant flexibility in the interpretation and
implementation ofits regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR -
AROUND ECONOMC HEALTH AND VIABILITY FOR THE VILLAGE AND
FOR THE COAR IUNTIT ASA WHOLE.
Objective 21: Recognize the variety of land uses found in the 11 sub - areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Objective 2.2: Recognize the importance of Vail Village as a mixed use center
of activities for our guests, visitors, and residents.
Objective 2.4: Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with established
horizontal zoning regulations shall be encourage to provide activity
generators, accessible greenspaces, public plazas, and streetscape
improvements to the pedestrian network throughout the Village.
Policy 2.4.2. Activity that provides night life and evening entertainment for
both the guest and the community shall be encouraged.
Objective 2.5: Encourage the continued upgrading, renovation, and
maintenance of existing lodging and commercial facilities to better serve the
needs of our guests.
Policy 25.1: Recreating amenities, common areas, meeting facilities and
other amenities shall be preserved and enhanced as a part ofany
redevelopment of lodging properties.
Objective 2.7: Encourage the development of multi -use special events venues
and infrastructure (ie, publicly restrooms, power and utilites, etc.) within Vail
Village in cooperation with the private sector.
5
12/21/2010
8 -4 -5
Cobb Cin6bistro Solaris
Vail, Colorado
Page 6of6
Policy 2.7. 1: The development ofnew special event venues and
improvements to existing venues shall be strongly encouraged to reinforce
the important role that special events play in the promoting a year -round
economy in Vail Village.
As the above goals, objectives, and policies indicate, the Town recognizes the importance
of successful commercial uses in Vail Village and has structures its policies and regulations
to reflect this. One policy from the list above which is particularly noteworthy is Policy
2.4.2, which states:
Activity that provides night life and evening entertainment for bath the guest and
community shall be encouraged
The movie theater clearly falls under this policy, and due to the fact that it is both an
attraction and a community amenity, indicates that special sign allowances should be
considered for these uses.
3. The extent to which the teat 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; and
Our Analysis:
Due to the unique and evolving nature of digital movie theaters, digital movie posters with
embedded movie trailers and menu box are necessary to present current movie products in
the most entertaining medium. This digital presentation is part of the complete Cine'13istro
experience, Cobb Theatres' extraordinary premium movie and dinning experience captured
in one unique entertainment venue.
6
12/21/2010
8 -4 -6
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PLANNING AND ENVIRONMENTAL COMMISSION
November 22, 2010
r: 1:OOpm
�11WNQF�'t�''
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin Henry Pratt
Micheal Kurz
Bill Pierce
John Rediker
Tyler Schneidman
David Viele
Site Visits:
1. CineBistro — 141 East Meadow Drive
45 minutes
1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed
Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and
menu box signs for theaters, and setting forth details in regard thereto. (PEC100049)
Applicant: CineBistro, represented by David Kelley, Rodney L. Sartain Architects
Planner: Bill Gibson
ACTION: Recommendation of approval with condition(s)
MOTION: Kurz SECOND: Viele VOTE: 4 -2 -0 ( Rediker and Pierce opposed)
Bill Gibson made a presentation per the staff memorandum. Bill gave an overview of the staff
recommendation.
David Kelley, of Rodney L. Sartain Architects, representing CineBistro, stated that he works with
movie theaters on signage around the country and in most communities there are unique types
of signs allowed for movie theaters. He felt there was a way to permit movie theaters the ability
to have digital signs without opening a "box of worms ".
Peter Knobel, spoke about other businesses in Vail installing video screens three feet inside their
store windows so they won't be regulated as signs by the Town of Vail. He expressed that a
better policy would be to allow for electronic signs than to continue avoiding the issue.
Commissioner Pierce identified several aspects for discussion about electronic signs.
George Ruther reminded the Commission of their advisory role to the Town Council and that
Staff wanted to accurately forward their recommendation, so he asked the Commissioners to
also answer the five policy questions outlined in the Staff memorandum.
Commissioner Kurz stated that he felt that the electronic signs installed at Cinebistro were
appropriate, and Commission's conversation should focus on size requirements and the
brightness of signs. He disagreed with Staff recommendation to in preventing motion on the
signs. He felt motion and changing message was the primary reason for using electronic signs.
He generally felt that electronic signs were appropriate throughout the Town, so long as size is
regulated.
Pa
gq 1
12/2 I
5 -6 -1
Commissioner Rediker noted his initial concerns about allowing electronic signs, but seeing the
sign installed at Cinebistro changed his thoughts about allowing electronic movie theater signs.
He generally felt that the proposed amendments were too broad and that electronic signs in
general were not appropriate in Vail and did not believe that allowing electronic signs supported
criterion #1 identified in the staff memorandum. He noted concern about providing a competitive
advantage to a singular business type by allowing a theater restaurant to have a digital menu
board.
Commissioner Schneidman felt that the electronic entertainment signs were appropriate, but
needed to have further regulations.
Commissioner Cartin felt the installed movie theater signs were done very well and tastefully.
He was concerned about a digital menu board. He felt that a variance may be more appropriate.
He felt that the Commission and Design Review Board need to dive into the issue as the sign
would not be a static sign. Things like brightness and sound need to be addressed. He learns
more towards a variance for this proposal. He was not opposed to allowing digital signage, but
wants to make sure the code is amended appropriately the first time.
Commissioner Viele stated that he agreed with Commissioners Cartin and Rediker. He inquired
as to the ability to apply and grant a variance for this type of signage.
George Ruther and Bill Gibson explained that what was being requested would not be eligible for
a variance as this type of signage was prohibited.
Commissioner Pierce inquired as to Staff's research on other ski communities and how they
address these types of signs.
Bill Gibson went through the research he has done and how there were differences it how
jurisdictions address these things.
Commissioner Kurz stated that while there were several Commissioners who had concerns
about electronic signs, there were no concerns with the signs at Cinebistro. He saw no need to
hold up the applicant to have a joint meeting with the DRB and Town Council to discuss this
change in policy.
George Ruther explained that Staff focused on soley on movie theater in response to the
submitted application. Staff did not review this proposal for allowing other types of electronic
signs throughout the community.
Commissioner Rediker inquired as to how to prevent other businesses from doing less tasteful
signs.
Kurz made a motion to forward a recommendation to the Town Council to allow electronic movie
theater entertainment signs and menu box signs. As part of the motion, he recommended the
Commission, Town Council and the Design Review Board hold a joint meeting to discuss the
broader policy issues about electronic signs such as brightness, motion, etc.
Rediker and Pierce opposed the motion as they felt the specific recommendations should be
made to Town Council regarding size, brightness, hours of operation, audio and motion.
5 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Page 2
12/212010
8 -6 -2
Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to January 10, 2011
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
3. Approval of November 8, 2010 minutes
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
4. Information Update
Commissioner Rediker informed the Commission about the State of the Watershed report that
will be presented at the Town Council's next hearing.
Commissioner Viele provided additional information about the report from his perspective as a
water board member.
5. Adjournment
MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479 -2138 for additional
information.
Sign language interpretation is available upon request with 24 -hour notification. Please call (970)
479 -2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published November 19, 2010, in the Vail Daily.
Pa e 3
12 /2i olo
s -6 -3
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Resolution No. 29, Series of 2010 a Resolution Approving an
Intergovernmental Agreement between the Town of Vail and Eagle County Regarding Animal
Control and Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve and authorize the Town Manager to enter
into the IGA with Eagle County.
BACKGROUND: The Town of Vail (the "Town ") and Eagle County wish to enter into a
yearly Intergovernmental Agreement (the "IGA ") which outlines the terms and conditions of the
Animal Control services that will be provided to the Town. The Council's
approval of Resolution No. 28, Series of 2010 is required to enter into an IGA.
STAFF RECOMMENDATION: Approve and authorize the Town Manager to enter into the
IGA with Eagle County.
ATTACHMENTS:
Resolution No. 29, Series of 2010
Animal Control IGA
12/21/2010
RESOLUTION NO. 29
Series of 2010
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL AND THE COUNTY OF EAGLE FOR ANIMAL CONTROL SERVICES; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the 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 Town and the County of Eagle (the "County ") wish to enter into an
Intergovernmental Agreement (the "IGA ") authorizing the County to provide animal services within
the Town limits; and
WHEREAS, the Council considers it in the interest of the public health, safety and welfare
to provide animal control services; and
WHEREAS, the Council's approval of Resolution No. 28, Series 2010, is required to enter
into an IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA with the County for animal control services, in substantially the same form as
attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 21 t day of December, 2010.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 29, Series 2010
12/21/2010
9 -1 -1
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF VAIL
This Agreement made this day of _ __, 2010, by and between the
County of Eagle, State of Colorado, a body corporate and politic (the "County ") and the Town of Vail, a
municipal corporation (the "Town ").
WITN ESSETH
WHEREAS, the Town desires to contract with the County for the performance of the hereinafter
described Animal Services on the terms and conditions hereinafter set forth; and
WHEREAS, the County is agreeable to rendering such Animal Services on the terms and
conditions hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Sections 29 -1 -201 and
30 -11 -101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
contained herein, the parties hereto agree as follows:
SECTION 1. TERRITORY COVERED
The territory covered by this Agreement is all of that certain property legally described as the Town of
Vail.
SECTION 2. DEFINITIONS.
Emergency On -Call Service is defined as any emergency call received by the County for which
Animal Service assistance is required and no Animal Service Officer is on duty to respond.
Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle,
Colorado, and any other shelter facility operated or designated by County.
Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed
animal is confined in Shelter on behalf of the Town.
SECTION 3. SCOPE OF SERVICES
The County agrees to provide General Animal and Emergency On -Call Services within the Town of Vail as
follows:
12/21/2010
9 -2 -1
A. General Animal Services shall include:
i. A minimum of 60 hours of patrol per month, consisting of inspection tours
looking for violations or responding to complaints.
ii. Administration and enforcement of the current Title 6, Animals of the Municipal
Code of the Town of Vail presently in effect, and as may be subsequently
amended.
iii. The County shall provide the Town with monthly reports and an annual report
of services provided pursuant to this Agreement. Such reports shall include, by
way of example only, the number of calls for service, number of animals
sheltered, number of Unclaimed Days, and number of citations issued, as they
apply to the Town of Vail.
iv. Animal sheltering services for animals attributable to the Town, of the nature
and quality customarily provided at the Shelter. Animals attributable to the
town are animals impounded within the Town of Vail and animals owned by
persons dwelling, permanently or temporarily, in the Town of Vail.
B. Twenty -four (24) hours per day Emergency On -Call Service (via County answering
service when the Shelter not open).
i. Emergency On -Call Service will be provided during the period when an Eagle
County Animal Service Officer is not on duty. In the event that an Eagle County
Animal Service Officer is not immediately available to respond to an incident or
emergency, the Town of Vail will provide available personnel to secure the
scene and administer control of the situation until the Eagle County Animal
Service Officer arrives to resolve said incident.
SECTION 4. OFFICIAL STATUS
For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle
County Animal Services shall enforce, as the Town's agent, the Municipal Ordinances relating to animals
now in effect and as amended from time to time.
SECTION 5. EQUIPMENT
The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment,
motor vehicles, office space, and operating and office supplies necessary to provide the services to be
rendered hereunder.
SECTION 6. COMPENSATION
The Town of Vail agrees to pay the County, monthly, the sum of $3,575.00 for General Animal Services.
On -Call Emergency Service shall be billed at: $50.00 per hour.
12/21/2010
9 -2 -2
The Town of Vail agrees to pay the County, on or before the fifteenth day of each month, for General
Animal and On -Call Emergency Services rendered the previous month.
All fees and expenses recovered at or for the Shelter will remain with the County.
All court fines and costs will remain with the court of venue.
The County shall administer the County's Dog License Program for the Town. Monies collected from
residents of the Town shall belong to the County.
SECTION 7. PERSONNEL
The Eagle County Animal Services Officer shall have full cooperation from the Town of Vail, its public
works, its police officers and /or their respective officers, agents, and employees, so as to facilitate the
performance of this Agreement.
The rendition of Animal Services provided for herein, the standards of performance, the discipline of
officers, and other matters incident to the performance of such services and the control of personnel so
employed, shall remain in the County.
All persons employed in the performance of such Animal Services for the Town of Vail, pursuant to this
agreement, shall be County employees, except for Town personnel used to secure the scene as
described in Section 3.
SECTION 8. LIABILITY AND INSURANCE
A. The County, its officers and employees, shall not be deemed to assume any liability for
intentional or negligent acts, errors, or omissions of the Town or of any officer or
employee thereof. Likewise, the Town, its officers and employees, shall not be deemed
to assume any liability for intentional or negligent acts, errors or omissions of the
County or by any officer or employee thereof.
B. The County agrees to indemnify, defend and hold harmless to the extent allowed by
law, the Town, its respective agents, officers, servants and employees of and from any
and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of
action whatsoever, arising out of or related to the County's intentional or negligent acts,
errors or omissions or that of its agents, officers, servants, and employees, whether
contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold
harmless to the extent allowed by law, the County, its respective agents, officers,
servants and employees of and from any and all loss, costs, damage, injury, liability,
claims, liens, demands, action and causes of action whatsoever arising out of or related
to the Town's intentional or negligent acts errors or omissions or that of its agents
officers, servants and employees, whether contractual or otherwise.
C. The County and the Town shall respectively provide its own public liability, property
damage, and errors and omissions insurance coverage as each party may deem
adequate and necessary for any potential liability arising from this Agreement. Further,
12/21/2010
9 -2 -3
the County and the Town, respectively, shall name, subject to the approval of each
respective party's insurance carriers, the other respective party as a co- insured under
such insurance policies to the extent of any potential liability arising under this
Agreement and, upon reasonable written request, shall furnish evidence of the same to
the other respective party.
SECTION 9. TERM AND TERMINATION
This Agreement is effective January 1, 2011 and shall end on the 31st day of December, 2011. Either
party shall have the right to terminate this agreement with or without cause at any time by giving the
other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be
entitled to compensation for services performed prior to such termination (calculated by prorating the
monthly rate for the number of days the County performed General Animal Services and adding all
charges for any additional services, including Emergency On Call Services, performed by the County
during that time), and both parties shall thereafter be relieved of any and all duties and obligations
under this Agreement.
Obligations of the Town of Vail and the County, respectively, after the current fiscal year, are contingent
upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise
made available.
SECTION 10. GENERAL PROVISIONS
A. Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town of Vail and the County, under this Agreement, shall be in
writing and shall be deemed to have given or served, if delivered or if mailed by certified
mail, postage prepaid or hand delivered to the parties as follows:
Town of Vail:
Town Attorney
Town of Vail
75 S. Frontage Road
Vail, CO 81657
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
12/21/2010
9 -2 -4
Either party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of
change of address given in the manner set forth in this paragraph A.
B. This agreement does not and shall not be deemed to confer upon or grant to any third
party any right to claim damages or to bring any lawsuit, action or other proceedings
against either the Town or the County because of any breach hereof or because of any
terms, covenants, agreements or conditions contained herein.
C. No modification or waiver of this Agreement or of any covenant, condition, or provision
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith.
D. This written Agreement embodies the whole agreement between the parties hereto and
there are no inducements, promises, terms, conditions, or obligations made or entered
into either by the County or the Town other than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their successors or
assigns and may not be assigned by anyone without the prior written consent of the
other respective party hereto.
F. All agreements and covenants herein are severable, and in the event that any of them
shall be held invalid by a court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid Agreement or covenant were not contained herein.
G. The Town has represented to the County and, likewise, the County has represented to
the Town, that it possesses the legal ability to enter into this Agreement. In the event
that a court of competent jurisdiction determines that either of the parties hereto did
not possess the legal ability to enter into this Agreement, this Agreement shall be
considered null and void as of the date of such Court determination.
12/21/2010
9 -2 -5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: _ By:
Clerk to the Board of Sara J. Fisher, Chairman
County Commissioners
ATTEST: TOWN OF VAIL
By: _By:
Town Clerk Manager
12/21/2010
9 -2 -6
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: Resolution No. 28, Series of 2010, a Resolution Approving a Lease Agreement
Between the Town of Vail and the Colorado Department of Transportation Regarding Parking
Along the Non - Travel Lanes of the Interstate 70 Frontage Roads Located within the Limits of
the Town; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Lease Agreement and authorize the
Town Manager to sign and enter into the Lease with CDOT.
BACKGROUND: The Town of Vail (the "Town ") and the Colorado Department of
Transportation ( "CDOT ") entered into a Lease Agreement ( "Lease ") which included a permit
parking program utilizing the Vail Frontage Roads for the 2009 -2010 ski season. On
September 30, 2010, the Town Manager sent a letter to CDOT outlining the terms of a Lease
to use the Premises for the permit parking program as well as overflow skier parking for the
2010 -2011 ski season. Vail Resorts will be contributing $20,000.00 for the Lease
payment. The Town and CDOT wish to enter into a one year Lease.
STAFF RECOMMENDATION: Approve the Lease Agreement and authorize the Town
Manager to sign and enter into the Lease with CDOT.
ATTACHMENTS:
Resolution No. 28, Series of 2010
Frontage Road CDOT Lease Agreement
12/21/2010
RESOLUTION NO. 28
Series of 2010
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND
THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING PARKING ALONG
THE NON - TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED WITHIN
THE LIMITS OF THE TOWN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the 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 Town and the Colorado Department of Transportation ( "CDOT ") entered
into a Lease Agreement (the "Lease ") which included a permit parking program utilizing the Vail
Frontage Roads (the "Premises ") for the 2009 -2010 ski season; and
WHEREAS, On September 30, 2010, the Town Manager sent a letter to CDOT outlining
the terms of a Lease to use the Premises for the permit parking program as well as overflow skier
parking for the 2010 -2011 ski season; and
WHEREAS, the Town and CDOT now wish to enter into the Lease to lease the Premises
for the 2010 -2011 ski season.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in
a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 21 st day of December, 2010.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 28, Series 2010
12/21/2010
l0- I - 1
PROPERTY MGMT.NO.
NO: PROJECT 170-2(7) 183
LOCATION: 1 -70 frontage roads within the
limits of the Town of Vail.
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this day of by and
between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT,
hereinafter referred to as "Lessor ", and THE TOWN OF VAIL, COLORADO thereinafter referred to as
"Lessee ".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located along the non - travel lanes of the Interstate 70 (1 -70) frontage roads located
within the limits of the Town of Vail in Eagle County, Colorado The leased Premises are shown on the
maps attached hereto, made a part hereof and marked "Exhibit A ", consisting of three (3) map sheets.
2. TERM The term of this lease shall begin on the date first above written and end on May 1, 2011
subject to the cancellation and termination provisions herein.
3. RENT. Lessee shall pay $20.000.00 for the entire term of this Lease. Payment shall be made
payable to the Colorado Department of Transportation at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
4201 East Arkansas Ave., Rm. 212
Denver, CO 80222
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder on or before December 30, 2010, a
late charge of five percent (5 %) of the total installment will be assessed to Lessee. In the event the entire
rental fee plus any late fees are not paid to Lessor by Lessee on or before January 30, 2011, Lessee
shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate
the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public
permit parking program and for general peak period public overflow parking at times Lessee's off - street
parking facilities are anticipated or have reached full capacity. Any other use of the Premises shall
constitute a material breach of this Lease and may, at Lessor's option, cause this Lease to immediately
terminate.
5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be
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borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and the
Federal Highway Administration (FHWA) for any and all liabilities, costs, damage or loss to persons or
property, including death, resulting from this Lease Agreement.
7. OWNERSHIP. The State of Colorado is the owner of the Premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor, except
as is hereby authorized pursuant to Sections 23(b) and 23(c) below.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the lease without liability by giving Lessee
30_ day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on
the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30-day
written notice of its intent to do so.
11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
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14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo. Dept. of Transportation Town of Vail
Property Management Manager 75 South Frontage Road
15285 S. Golden Rd., Bldg. 47 Vail, CO
Golden, Colorado 80401 Attn: Town Manager
Phone: 970 - 479 -2106
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16. HOLDING OVER. Lessee shall not occupy or use the Premises, nor allow any other party to
occupy or use the Premises, after the expiration or sooner termination of this Lease. Lessee shall not
become a Holdover Lessee or month -to -month tenant upon expiration or earlier termination of this Lease.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the
presence, disposal, release or clean -up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors, officials or sub - lessees have caused to be located,
disposed, or released on the Premises. Lessee shall also be responsible for all damages, claims and
liability to the soil, water, vegetation, buildings or personal property located thereon as well as any
personal injury or property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by Lessee without the express
written prior permission of Lessor. Any such structure or improvement erected or moved upon the
Premises without the express written consent of Lessor may be immediately removed by Lessor at the
expense of Lessee. Further, any structures, improvements or items of any kind remaining on the
Premises at the termination of the Lease will be considered abandoned by Lessee and may be
immediately removed by Lessor at Lessee's expense.
20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
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21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re -enter the Premises and remove therefrom all persons and property and again repossess and enjoy the
Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or
of such termination.
(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the Premises beyond its present condition.
(d) Upon Lessee's failure to remove its personal property from the Premises after the expiration
of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee,
remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all
claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
(b) Workers' Compensation Insurance as required by State statute, and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence;
f 2. $2,000,000 general aggregate;
3. $50,000 any one fire.
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i
If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an
extended reporting period of at least two year following finalization of the Lease.
(e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f) CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self- insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non - renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
Q) In order for this lease to be executed, the Lessee, or as applicable, its Contractor, shall
provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or
Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or
Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance
with the provisions of this section. Insurance coverage must be in effect or this lease is in default.
(k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the
meaning of the Colorado Governmental Immunity Act CRS 24 -10 -101, et seq ., as amended ( "Act'), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
(1) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
their Commercial General Liability, and Umbrella or Excess Liability policies.
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23. ADDITIONAL PROVISIONS.
(a) Lessor and Lessee agree to form a working group to develop, analyze and recommend
alternatives, milestones, schedules, tasks and resources required for either: (1) CDOT
relinquishing portions of the South Frontage Road to the Town of Vail, or (2) CDOT retaining
ownership of the South Frontage Road with the conditions that either (a) parking within the
South Frontage Road will forever cease, or (b) all or portions of the South Frontage Road will
be improved to standards acceptable to both CDOT and FHWA to accommodate safe
operations for parking and pedestrian crossings, or (3) combinations of 1 and 2 above. The
working group shall meet no less than once per month and shall complete and submit its
recommendations to CDOT management, Town of Vail management and FHWA no later
than August 31, 2011.
Items of understanding to be addressed by the working group shall include but are not
limited by the items outlined in the Town of Vail's September 30, 2010 letter to Mr. Dave Eller
attached for reference as Exhibit B.
(b) Lessee may issue a maximum of three - hundred (300) permits to parking patrons to allow
parking during the term of this Lease. Vail may charge fees for said permits subject to the
terms and conditions stated in Section 23(c) below; provided, however, that the issuance of
such permits shall be made without any type of discrimination prohibited by the laws of the
United States of America and /or the State of Colorado. Permit holders are not to be
considered as sub- lessees under this Lease Agreement; no condition or restriction imposed
or created by Lessee with respect to the issuance of such permits shall serve to lessen, sever
or assign the duties, obligations, covenants, pledges and promises of Lessee as contained in
this Lease. In the event this Lease is terminated prior to its expiration and Lessor retakes
possession of the Premises, Lessor shall have no duty, obligation or liability with respect to
the holder of any permit whose priviledges to utilize the parking permits are fundamentally
revoked as a result of such Lease termination; all such liabilities shall remain with Lessee.
(c) Lessee shall keep an accurate accounting of the actual fees it has collected for permits
issued pursuant to Section 23(b) above. Lessee pledges to give Lessor a certified copy of
such accounting within ten (10) days following the expiration or earlier termination of this
Lease. In the event the sums collected by Lessee exceed $20,000, Lessee shall pay all such
sums in excess of $20,000 to Lessor; said sums shall be due and payable by Lessee within
thirty (30) days following the expiration or earlier termination of this Lease.
(d) Lessee shall promptly notify CDOT each time Lessee's off - street parking facilities have
exceeded capacity, thus causing overflow parking into the South Frontage Road right -of -way.
Said notices shall include the date that overflow parking occurred.
(e) Lessee shall not use the Premises nor allow any other party to use the Premises for any
purpose not specifically authorized by this Lease nor for any purpose prohibited by the State
of Colorado and /or the FHWA.
(f) Lessee shall not allow, nor cause to be allowed, parking within any clear zone area for 1 -70.
Lessee shall, at no cost or expense to Lessor, cause any vehicle parked within any clear
zone area to be immediately towed.
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(g) Lessee shall provide and maintain conspicuous delineation, including directional control by
Lessee's employees and agents, of permit parking areas, overflow parking areas and areas
where parking is strictly prohibited.
(h) Lessee shall ensure that parking upon the Premises shall not interfere with any portion of the
adjoining 1 -70 and with the 1 -70 frontage road travel lanes. Lessee shall further ensure that
parking upon the Premises shall not interfere with Lessor's or Lessor's approved installation,
operation, maintenance and repair of any utilities or drainage facilities located on, above,
over, under, through, across or adjacent to the Premises.
(i) This Lease shall not be deemed valid unless it has been approved by the FHWA.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSEE:
Town of Vail
By
(Name)
Title
Federal Tax Identification Number
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this _ day of
by as of the Town of Vail.
Witness my hand and official seal.
My commission expires
Notary Public
Address:
LESSOR:
ATTEST: COLORADO DEPARTMENT OF
TRANSPORTATION
Bernhardt K. Rasmussen, PAMELA HUTTON, P.E.
Chief Clerk Chief Engineer
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WI
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Exhibit B
OVK�'
TOWN
Town Manager
September 30, 2010
Mr. Dave Eller
CDOT Region Director, Region 3
222 South Sixth Street
Grand Junction, CO 81501
via email david.eller(d- dot.state.co.
I --
Re: Vail Parking Plan per Lease Agreement Dated December 21, 2009
Dear Mr. Eller:
The Vail Town Council (the "Council ") at their September 21, 2010, meeting endorsed a
strategic parking plan which includes the continued use of the Vail Frontage Roads for
the foreseeable future. A part of this plan also includes the development of up to 200
newly created parking spaces. In order to ensure the long term viability of the parking
plan, the Council directed me to initiate discussions with CDOT and FHWA on acquiring
a portion of the 11.24 miles of Frontage Road in Vail. Specifically, the following were
discussed as important to the Town of Vail (the "TOV ") in order for this exchange to be
successful:
The TOV is interested in taking over ownership and responsibility of a portion of the
Frontage Roads in Vail. This area of road roughly consists of the section of road from
the entrance of the Public Works facility to the south. West Vail round -about on the South
Frontage Road. If the TOV agrees to do this, CDOT will:
1.) Commit to a repaving of the entire 11.24 miles of the Frontage
Road, within the next three years; and
2.) CDOT will make payment to the TOV to help defray the costs
of on -going maintenance; and
3.) Any proceeds from future realignments and resulting property
sales will be the TOV's; and
4,) The TOV sees the current barrier line as an appropriate split of
the 1 -70 right -of -way. This would provide the TOV a 95 foot
7 75 South Frontage Road Vail, Colorado 81657 970-479-2106 / FAX 970-479-2157 • www. vadgot� com
1 • RErYGLM PAPER
12/21/2010
10 -2 -13
ROW in most instances for the Frontage Roads. A typical
arterial roadway has a 100' ROW. The TOV needs to have
space behind its planned improvements as outlined in the
town's master transportation plan for signs, lights,
construction, etc. The TOV will need to be able to use
temporary soil nails into the 1 -70 ROW.
In agreeing to move forward with some Frontage Road ownership, CDOT agrees that:
I.) Over the next two years, the TOV will be allowed to
provide parking on the South Frontage Road for overflow
parking.
2.) 'That on an on -going basis, CDOT will allow parking on the
North Frontage Road from Arosa Drive to the north Main
Vail Roundabout in areas that do not impede the flow of
trat2ic.
3.) CDOT and FHWA will evaluate the future property line
location. This may need to be accomplished on a 3
dimensional basis verses plan view basis. A detailed survey
may need to be preformed to complete this work. CDOT
and FHWA would fiend any such analysis. The work would
be completed in a timely mariner.
The TOV will need to have the Ever Vail project's proposed barrier line as contemplated
for approval by CDOT and FHWA become the new 1 -70 right -of -way line in this area.
This will allow the town to move the road if desired and approve the development
without further approvals from CDOT and FHWA, other than the temporary construction
facilities and needs as currently planned. The TOV will be the owner of this new right-of-
way from the relocation of the Frontage Road as long as adequate replacement
transportation facilities are built.
4.) Simba Run underpass and other projects identified in the
1 -70 DRPEIS would still be eligible projects to be funded
out of any available funding for 1 -70 projects.
5.) The TOV wiI I be able to have the proposed variable
message signs reviewed by CDOT and FHWA and
installed by the TOV in a prompt manner prior to any road
exchange.
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G.) All prior right -of -way due to the TOV from previous road
exchanges will be resolved and the TOV will receive title
to these roadways.
It is clear this may take time to investigate and respond to the many issues involved in
these negotiations. The TOV looks forward to discussing the issues at your earliest
convenience. With the winter season approaching, providing a. memorandum of
understanding outlining the necessary steps regained to move the process forward may be
the most appropriate method of agreement at this time.
If you have any questions don't hesitate to contact me at szemler�2availgov.com or 979-
479 -2105.
Sincerely
TOWN OF VAIL
- �t Y�-
Stan 7..emler
VAIL TOWN MANAGER
xc:
Vail Town Council
Greg Hall, Director of Public Works
Matt Mire, Town Attorney
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ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: December21, 2010
ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town
of Vail Planning and Environmental Commission's approval of a request for a conditional use
permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the
construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally
located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth
details in regard thereto.
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals, Vail Town
Code, grant a continuance of this item to the Vail Town Council's January 4, 2011 public
hearing to allow the parties additional time to obtain information.
BACKGROUND: On November 2, 2010 the Vail Town Coucil granted a continuance this item
to the Council's January 4, 2011 public hearing. Since that hearing, the applicant (Vail
Recreation District) and the appellants (Susan P. Johnson and Vail Mortgage Trust) have
been negotiating an alternative location for the proposed golf course lightning shelter. Both
the applicant and the appellant are requesting additional time to continue their negotiations.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council grants a
continuance of this item to the January 4, 2011 Town Council public hearing to allow the
parties additional time to obtain information.
12/21/2010