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Home My WebLink About1984 Vail Town Council Minutesf MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, JANUARY 3, ].984 7:30 P.M. On Tuesday, January 3, 1984, a regulax meeting of the Vail Town Council was held in the Vail Municipal Building, MEMBERS PRESENT: Rodney E, Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlieh OTHERS PRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Glerk The first item on the agenda was the second reading of Ordinance #44, Series of 1953, an ordinance amending the Amoco site .from heavy service to public accommodations and establishing Special Development District #6. Fred Haller, developer of the project, addressed the Council and requested t.~s ordinance be tabled until the January 17, 1984, meeting, as he was not ready to present his case at this time. A motion was made by Paul Johnston and seconded by Hermann Staufer to table the ordinance. A vote was taken and the motion passed unanimously. The next item on the agenda was Resolution #18, Series of 1983, relating to off-street parking in Special Development District #6. Mr. Slicer stated that due to the tact that Ordinance #44, Series of 1983, had been tabled at the request of applicant, that this resolution should also be tabbed until January 17, 1984. A motion was made by Chuck Anderson and seconded by Colleen Kline to table Resolution #18, Series of 19$3, to January 17, 1984. A vote was taken and the motion carried unanimously. The next item on the agenda was the first reading of Ordinance #1, Series at 1984, an ordinance amending Chapter 1Q.20 People Powered Vehicles by the addition of allowing pedicab and taxicab services within any public street or right-of--way within the Town of Vail . Larry. Eskwith presented the ordinance to the Council. Jan Strauch, owner of Vail Pedicab Company, addressed the council. After some discussion a motion was made by Paul Johnston and seconded by Hermann Staufer to pass ordinance #1 on first r"'ding. A vote was taken and the motion passed unanimously and the c~nance was ordered published in lull. The next item on the agenda was Ordinance #2, Series of 1984, first reading, an ordinance rezoning the Cliffside subdivision. Peter Patten presented the ordinance to the Council, advising them that the applicant had asked that this ordinance be tabled until further notice. A motion was then made by Kent Rose and seconded by Colleen Kline to table Ordinance #2, Series of 1984, until further notice. A vote was taken and the motion passed unanimously. The next item was Citizen Participation. Chuck Anderson brought to the Council's attention a letter he had received from David Gorsuch regarding the conditions of the state highway between Vail and Denver. It was agreed by the Council to write a letter to Governor Lamm expressing the Town of Vail's concern over the matter. The next item on the agenda was consideration of an agreement between the Town of Vail and Vail Pedicab Company. Larry Eskwath, Town Attorney, stated that he had some questions that were still not clear and would like to bring this back at the Jan. 17th meeting. A motion to that effect was made by Hermann Staufer and seconded by Paul Johnston. A vote was taken and the ~-on passed unanimously. _. . The next item on the agenda was a discussion of the proposed Charter Review Committee. Frank Caroselli stated his feelings that anyone that applied for the committee should be appointed to it. It was stated by Rod Slifer that this committee would be an advisory group only and that the Council would be acting as they saw fit on any recommendations brought to them. It was decided that applications would be taken through the week and the committee would be appointed at the Jan. 17th evening session. Rich Caplan was directed by the Council to prepare a set of guidelines for the Council to follow, 7 ~ { ~ Minutes Vail Town Council Meeting Tuesday, January 3, 2984 P~e 2 The next item on the agenda was a Departmental Report from the Police Department. Curt Ufkes, Chief of Police, addressed the Council. Ufkes stated that the department was down 3 police officers currently. He also stated that the crime rate in Vail was down from 1.982, specifically in drug arrests, burgularies and disorderly conduct. He stated there was a county--wide increase in attempted and successful suicides. Overtime hours were up from previous years due to special events. There was much discussion held over the 4-way stop problem. dikes was directed to meet with involved department heads regarding the 4-way stop and come up with some recommendations to give to the Council to help reduce the traffic problems at peak hours. It was also suggested by Chuck Anderson that cars be allowed to park on the Frontage Road west bound lane when the Village parking structured filled, rather than directing them to Lionshead. Under Town Manager Report, Rich Caplan stated that he had received a modified sketch of the proposed Vail Flag. After some discussion Hermann Staufer made a motion to approve the design and Chuck Anderson seconded the motion. A vote was taken and the motion passed unanimously. Caplan also stated that the purchase of the golf course property presently owned by the Pulis Ranch was scheduled foreclosing on January 11, 1.984. There was no Town Attorney Report. As there was no further business the meeting was adjourned at 9:30 p.m. Respectfully submitted, /~ ~' (~ ~:~~ Rodney E, S fer, May ATTEST Pamela A, ~Br.azidnieyer, Tow rClerk L~ =.. -, MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, JANUARY 17, ].984 7:30 F.M. A~egular meeting of the Vail Town Council was held on Tuesday, J'anuar 17 Y 1984, in the Vail P~~unicipal Building. MEr,IBERS PRESENT: Rodney E. Slifer, Mayor Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich ABSENT: OTHERS PRESENT: Paul Johnston , I~'Iayor Pro-Tem Richard Caplan, Town Is~anager Larry Eskwith, Town Attorney Fam Brandmeyex, Town Clerk The first item on the agenda was the second reading of Ordinance #44, Series of 1983, an ordinance rezoning the Amoeo site and amending Special D elopment District #.6. Also to be considered was .Resolution ;`1, Ser~.es c~1984, a resolution authorizing off-street parking in SDD#6. Dick Ryan presented the ordinance to the Council. He went through the staff memo that had been prepared relating to this project. He stated that he had met with Centennial Engineering to go over the report they (Centennial} had made on the project. Fred Hiller, developer of the project, addressed the Council, summarizing what he had done to comply with the Council's concerns over the past several weeks. He stated that Centennial Engineering felt that Vail Road was the best entrance for this project. Hiller stated that only check in guests would be using Phase 3 as .an entrance with valet service. All other ingress and egress traffic would be using Vail Road. Hi11er stated that the only remaining concerns that have not been taken care of were the concerns of the tenants involved in Phase 5. He stated that he was in negotiations with the tenants but have not came to an agreement at the present time. Councilmember Kline asked IIiller to comment on the letters the Council had received from the tenants' attorneysrelating to their Lease. Mx. Hi11er called on his attorney, Mr. Stein, to address this matter, Mr. Stein stated that he had not seen the letters from the attorneys. He stated that Hiller had talked to the owners of the Swiss Hut Dog Co. and Short Stop and he felt that they were willing to work with Hiller an the redevelopment. Mr. Stein related the confusion over the meeting times with Mr. Alplenalp, saying he was sorry that he had missed the meeting but he and lt~ Hiller were trying to work out an agreement with. the tenants. Mr. Stein reviewed the letters that had been sent to the Council. He stated that the tenants were told that they would like to get the matter resolved as soon as possible and they were willing to work with them to do so. He did not feel that there should be as much as a prob~~m had been caused by this redevelopment. Mr. Stein stated that there was a definite timing problem now and if they dad not get Town Council approval there would be difficulty in getting a construction loan for the project to begin work in May of this year. Mr. Stein stated that the applicant had asked to have the ordinance tabled two weeks ago because of these problems that had arisen and had hoped to have had them worked out by this meeting. P,7r. Stein felt that the tenants were trying to hold up the project by not cooperating with the negotiations that Hiller was trying to make with them. He suggested the Council give second approval at this time subsequent to their working out negotiations with the tenants by the time a building permit was issued, so they could go ahead a.nd get their construction loan. Councilman Anderson asked Stein if he was in fact saying that if they didn't get approval tonight, they would not be able to get a constructton loan. Anderson felt that Stein was trying to intimidate the Council and he did not appreciate it. • .1 ~ ~ -~ Vai 1 Tawn Coun ci 1 I~4eet in g Tuesday, January 17, J.984 Page ~ Councilmember Kline stated that after four weeks of postponement she was concerned that Nir. Hiller did not have answers for all of the Council's concerns at this time. Mayor Slifer brought up the issue of access through Phase 3 again, as he felt this was not made clear at the last meeting. Mr. Kit Cowperthwaite addressed the Council, stating that he had had discussions with the Town Attorney relating to that issue. He referred to a document '.that was an agreement between the owners o~ Phase 3 and Phases 4 and 5. He stated that he felt all the owners of these Phases needed to sign off on the agreement before the issue could be settled, He stated that he had met with A4r. Stein to discuss the ramp issue and that Mr. Stein would Like to propose that the use of Phase 3 be limited to controlled access, to be used only by people familiar with the ramp. Mr. Cowperthwaite stated that he and his brother, Jim, could permit this on a trial basis. He stated that Mr. Hiller and Mr. Stein were in agreement on this. ~~r.. Cowperthwaite stated that if this didn't work, then notices would have be be served an the owners of Phases 4 and 5 that this access would not be allowed an the future and that they would have to use Vaal Road. Mr. Ryan, Director of Community Development, stated his concerns over "U-turns'` if this did not work. Councilmember Kline asked Mr, Hiller to address his financing plans. Mr, Hiller showed the Council a 1 ter addressed to Mr. Roscoe dated Dec. 23, 1983, relating to a financial c~mittment. He also stated that the Planning Commission had asked Mr. Hiller to build Phase 5 as soon as possible, not waiting until 1J87 as asked for by Mr. Hiller. Mr. Roscoe seemed favorable to the idea at the time. He stated that Mr. Larese had not been easy to deal with, but felt that he had met all of the other criteria that the Council had asked of him, including the acceptance of a loan application by several financial institutions after approval on first reading of Ordinance #44, Series of 1983, He gave the names of the financial institutions where applications had been subma.tted. Hiller stated he would be the primary owner of the p~^oper.ty, w~.th_ several others having a smaller interest. Kent Rose questioned Biller on the fact that although the ordinance stated that Phase 5 would be startod and com- pleted in four years, that Hiller had no plans of starting it by that certain amount of time. Hiller stated that their plans as o~ now were to build and complete Phase 4, but that Phase 5 needed to be completed as soon as possible for financial and esthetic reasons. He stated it was his intention to tear Building 5 down in May of 1986 and completed in 8 months. Larry Eskwith questioned the legality o~ the leases with th.e two tenants in question, in relation to being able to tear down the building until their leases had run out. bor. Hiller expressed his feelings that he felt something could be worked out with these tenants and were be willing to take the risk. Council- member asked if the Town would be protected under these conditions, and with stated that once a new zone district is established, certain rights granted that didn't exist before. He felt that the conditions must be extremely precise once the zone change is accomplished and a building permit is issed. Nir. Alplanalp, attorney for the Short Stop and the Sw~:ss Hot Dog Co., addressed the Council. He stated that neigher.of t}ie tenants had been involved in the progress of Phase 5 until the Council expressed its desire to get it done quickly. He stated that where the builder had intended these tenants to move during the building process had na view from Vaal Road nor any parking for ats customers. The tenants felt that they had been barred from reviewing any of the proposed plans until the final hour and that was what they were objecting to. He stated that the tenants felt that they were be intimidated by the Council, being referred to as an "eyesore". Mr, Alplanalp went through the chain of events in trying to arrange meetings between the applicant and the tenants. He stated that a meeting was held that morning („Jan. 17, 1984) for approximately 2 hours and that most o~ the issues had been agreed upon, but not all of them. Dick Ryan stated that th.e there was already a SAD#6 that had been established and the tenants knew when it was established {1.976) that there would be some changes made. Councilmember Kline asked It~r, Alplanal~ to expound on his statement that the tenant's lease had been cancelled. }lanalp stated that the landlord had attempted to serve a notice on the sees that their lease was up after their meeting of this moaning, Mr. Alplanalp stated that Mr. Larese did owe the landlord some money (2000.00) but up until this morning had been told to take his time paying it batik. .' ~ .~ Vail Town Council Meeting Tuesday, January 17, 1984 Page 3 i Joe Staufex, landlord, stated he had talked with ~~x~ Larese to workout an agreeable solution to the interim move and had taken him to the architect~s~ office and showed him the plans. Staufex felt they had a reasonable idea of what was coming down the road. Larese then asked for a written proposal- from Staufex. Staufex said he did so, proposing that he would move him from Phase 4 into a spot of his choosing, e~;cept for the Pancake House, would live there rent free, and then move back after the completion of Phase 5 at Staufer's expense with more space at the same rent. He would be able to choose his space again. He stated that Mr. Larese then made unreasonable demands on Staufex. Staufex felt that Mr. Larese was. trying to blackmail him. He stated the note that was in question was due over 15 months ago. ll~r. Slifex stated that he and the Council did not want to get involved in the personal issues, only the question at hand. Bill Wilto addressed the Council, expressing his concern for removing the service station from the 4-way and the issues an parking. Jack Russ, representing Pdanor Vail, expressed their support of the project. Mr. Stein addressed the Council, stating that they were willing to work with the Town and the tenants in any way possible to resolve the issue. Pvir, Anderson asked Il~Zr. Staufex to speak to the issue of the Action Vail opposing the land trade to allow ansion to the Lodge at Vail for moxe hotel rooms. Mr. Staufex stated t Vail Village, Inc. owns the property in question and the Lodge is negotiating for public lands, and was not the same. Action Vail attorney, stated that they were opposed to bringLng in any public lands for additional hotel rooms. Councilmember Wahrlich addressed the issue of the size of the hotel rooms, asking Hiller what the relation to the size of the rooms were now in comparison to what was originally proposed. After much. discussion, the Council was polled on their decisions. Kent Rose stated he was not in favor of the project at this time, that there were too many unresolved issues before the. Chuck Anderson noted traffic concerns, evidence of financing and tenant negotiations as xeasons he could not vote in favor of. the project, Gail Wahrlich's majox concern was the parking issue, Colleen Kline stated her concerns with the completion of the project. Kline did compliment the architect, Gordon Pierce, for his work on the project. Rod Slifer felt there were too many unresolved issues at this time to vote in favor of the project. Hermann Staufex stated he would abstain from voting, Fred Hiller then addressed the Council and asked that the issued be tabled until the February 7, 1984 meeting. Ms. Wahrlich stated she would like to have a report from Centennial Engineering on the traffic issue befoxe the meeting an Feb. 7th. Kent Rase stated that he felt the removal of the service station was a big issue and reminded the Council and the ~licant that the Standard Station would have to go through the regular p ocess to have the additional bays and service areas approved befoxe they could go ahead with the expansion. Gail Wahrlich then made a motion to table Ordinance #44, Series of 1.983, until the February 7, 1984 meeting. Chuck Anderson seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was the reading of Resolution #1, Series of 19$4, a resolution pertaining to off street parking in SDD#6. Mr, Slicer stated that this resolution should also be tabled and reread at the Feb. 7th meeting. A motion was made by Colleen Kline and seconded by Kent Rose to table Resolution #1, Series of 1984. A vote was taken and the motion passed unanimously. The next item on the agenda was the consideration of an agreement between the Town of Vail and Vail Pedicab Company. There was some discussion relating to the operation of the pedicab company. Ms, Kline stated her objection to signing off on an agreement with so many blanks. Mr. Caplan stated that he was working with Jan Strauch, owner of the pedicab company, and would.be putting in writing all of the details to the agreement, It was suggested t t the pedicab company start with four pedicabs with an option to move six if needed. A motion was made by Colleen Kline and seconded by Hermann Stauffer to approve the agreement with a copy of the letter from Mr. Caplan to ll~r. Strauch attached to the agreement and authorizing the Town Manager to execute the agreement. A vote was taken on the motion and it passed unanimously. .' s Vail Town Council Meeting Tuesday, January 17, 1954 Page 4 next item on the agenda was the first reading of Ordinance #3, Series of 1984, an ordinance relating to rezoning a resubdivision of Lot 3 and the south 1/Z of Lot 2, Block 8, Bighorn subdivision from low density multi-family to two family residential.. Peter Patten presented the ordinance to the Council. He stated that the staff recommend appxoval of the ordinance with an amendment relating to parking spaces. After some discussion Hermann Staufer made a motion to approve Ordinance #3 on first reading with amendments and Gail Wahrlich seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was Ordinance.#~4, Series of 1984, an emergency ordinance relating to appropriation of real estate transfer tax funds. Larry Eskwith presented the ordinance to the Council, stating that this was in reference to the purchase of the Pulls Ranch property on the golf course. The amount to be appropriated was to be used for the down payment on the land. After some discussion Hermann Staufer made a motion to approve Ordinance #4, Series of 1984, as an emergency ordinance. Kent Rose seconded the motion. Frank Caroselli questioned Mr. Eskwith on being able to pass an ordinance dealing with the expenditure of money as an emergency ordinace. He was investigated by r~r. Es~~with and found to be per. A vote was taken and the motion passed unanimously. The next item on the agenda was a discussion of the cable television performance evaluation study. The d~.scussion was opened for pub3.ic input. Russ Sindt, of the Cab le. Franchising Consultants, Inc. gave a report to the Council. He stated that the addition of TV2 by Heritage was a proper addition according to the franchise agreement. There was some feeling among the public that it was a mistake to bring this station into Vaal Valley. Mr. Hermann Staufer that he felt most of the 1.oca1 business owners felt the same way. Mr. Sindt stated that in further studying the contract with Heritage it was discovered that it was written that Heritage "may" carry the additional station, not "must carry" as had been previously reported. The Council ordered Rich Caplan to contact Heritage the next day to halt any action until this matter could be put to public hearing at the next meeting. Rod Slifer asked that Mr. Caplan and Mr. Eskwith rework the agreement and report back to Council at the next meeting. The Television Advisory Board was agreed to be changed from 11 to seven members and Mr. Eskwith was directed to make this change to the ordinance. The Council commended the Board for its work during the past few months. Mr. Anderson voiced his concern over the proceedings with the public access channel. '~ next item on the agenda was Citizen Participation. Mr. Anderson expressed his interest in initiating a Junior Athletics Awards program in Vail. Kent Rose was appointed to serve on the committee. Flo Steinberg brought up the subject of several light out on Vail Valley Drive. Stan Berryman, Public Works Director, was asked to look into the matter. The next item on the agenda was a presentatian by the State Geological Dept. on the Booth Creek Rockfall hazard study. Slides were shown of the potential problems in that area. The St ate Department stated that it was an extremely hazardous area. Tt was agreed to hold a public meeting on this concern at another meeting, as there were no homeowners from that area in attendance because of the lateness of the hour. The next item on the agenda was an appeal of Vail Associates real estate sign at the Casino Building. After some discussion, it was decided to table the decision until the applicant could do some further research. Hermann Staufer made a motion to table the request and Kent Rose seconded the motion. A vote was taken and the motion passed unanimously with Rod Slifer abstaining. • • Vaal Town Council Tuesday, January 17, 198 f Page 5 T~ next item on the agenda was a request for--~he Mill Creek Gallery variance. Peter Patten presented the reque~t 'to the Council, stating that they were asking for a frame to hand a.:'~•work in with no advertisements. Mr. Patten stated that the DRB ~~7as in unanirl~ous approval of the request. After Borne discussion, Kent Rose made a mo+~ion to approve the variance request and Colleen Kline seconded at. A, vote was taken and the motion passed unanimously. The next item on the agenda was the a~~pointment of the Charter Review Committee. Frank Caroselli made sor;,e comments on tine guidelines that Mr. Caplan had compiled for the co~~-,ittee, It was decided to appoint each applicant who applied. Doris Bailey was appointed interim Chair- person until someone was appoiY;ted at its first meeting, Bill Pyka was appointed staff person to worm with the ,group. It was decided that Bill and Doris would agree on ~ time for the first rr€eeting and contact all of the members. There was no Town Manager Report. T~re was no Town Attorney Report. As there was no further business the meeting was adjourned at 12:d5 a.m. Respectfully submitted, Rodney E. ~1~fex, it~'a or' ATTEST: Pamela A. gr~.ndsneye~, Town Clerk S t • ~,:. .~" ^,, -- hIINUTES VAZL TOWN COUNCIL I1~EETING SPECIAL MEETING MONDAY, FEPRUARY 6, 1984 ~Q P_1Lf A special meeting of the Vail Town Council was held on A4anday, February 6, 1954, at 7:30 p.m. in the Council Chambers, AlEMBERS PRESENT: Rodney E. Slifer, I~Zayar Paul Johnston , I42ayor Pro--Tem Chuck Anderson Colleen Kline Kent Rose Hermann Staufer Gail Wahrlich OTHERS PRESEPdT: Richard Caplan, Town A~anager Larry Esk~vith, Town Attorney Pam Brandmeyer, Town Clerk The special meeting was called for the discussion only of Ordinance #44, Series of 1983, an ordinance rezoning the Amoco site and amending Special ~elopment District #6. 14layor Slifer opened the meeting by asking each Councalmomber to state which questions they would like addressed b the applicant . Councilmerz~ber Flaha~lich stated that because of a potential~~~~~~ by her company involving th~.s project she would be abstaining from voting. Councilmember Staufer stated that he would like to listen to the hearing but would make no comment at this time. Rod Slifer began by stating that his main concern was the access of all vehicles to the parl~ing area through Phase 3. Paul Johnston stated that he would like to have all conditions expressed on first reading addressed this evening. The timing o~ Phase ~ was also expressed as a concern. Kent Rose asked how much new acreage was being added to the special development district from ats original state. Dick Ryan stated the conditions that were addressed at the first reading, including the timing of Phase 5, a financial con~nitment to the builder, land dedication at the 4-way stop and East It~eadow Drive, a revised Environmental Impact Study, a traffic study, and an agreement with the Cowperthwaite's relating to access to parking through Phase 3. Town Attorney Eskwath stated that the reason no vote would be talaen at this meeting was due to the tact that a special meeting either a unanimous vote o a majority of 5 persons must vote in favor of the motion, and he felt it ~y fair to the applicant that a regular vote be taken at a regular meeting ch will be held on Tuesday, February 7, 1984. Fred Hiller, applicant, then addressed the Council. He called on Jerry Porter from Centennial Engineering, to give a report on the traffic study he had done on the project, ~~~r. Portex stated that JO~o of the tourists coming to town have their own automobile and that once they arrive here they rarely use their car again until they leave, He felt the project would eliminate a lot of drive- ways and that the only negative side lie could see would be the increase of congestion at the Standard Station, Haller stated he would be willing to add lent turn lanes on Vail Road and hire a traffic controller to work the congested area. filler stated he wa.s working ors an agreement with the Swiss Hot Dog Co, and felt they were close to an agreement and that he had met with AZr. ~'~oscoe o~ Shortstop, I.nc, and felt he had an agreement with him. Hiller was asked when Phases 4 and 5 were projected for completion. He stated that phase 4 should tale 14 months and ~voul.d be started in clay of 1984. He stated Please 5 would begin in the Spring of 19~v and should take no longer than 8 months. Hiller was then asked what progress he lead made on a loan commitment. He stated he had received a~placations dram several lending institutions but that no one would actually commit to tY~e loan until Hiller had received final a~proval from the Council to begin the project, ~i'~e Co 1 unc~ questioned the Cowperthwa~tes on their license agreement an relation to access o~ the rasp in. Phase 3 for parking .access. ~ttarney Eskwith asked if the Cowperthwaites didn't need owner approval befoxe permission could be granted to Hiller, Kit Cowperthwaite ~e1t this was- not necessary. • r ~. MINUTES VAIL TO~dN COUNCIL SPECIAL i~iEETING PwiONDAY , FEBRUARY Fi , 19 X34 ~ge 2 Pti~ir. Hiller reiterated that he felt the trai'fic going through Phase 3 would be minimal and he would be willing to redo the ramp if necessary. dim Cowperthwaite then asked the addressed the Council stating that the two parties were working together to resolve the ramp issue and asked that the Council not make phis issue a scapegoat. -Dick Ryan then reported to the council that in the original SDD#6 there was a 5 foot surveying error and this had complicated the issue further. Art Abplanalp, attorney for the two tenants, addressed the Council. He stated that dir. Hiller's comment that he had worked out something with the tenants was not entirely true. Abplanalp stated that there was a problem between Hiller and Shortstop, Znc., in that the parking spaces for the Food and Deli were not in agreement and the loading area was unresolved. He stated that Shortstop, Inc. could not support the project as is. He stated that there was no actual agreement with the Swiss Hot Dog Co. He stated that the developer knew of the potential problems with the ;tenants in August of 1.983, but did not choose to address them at that tune. Dan Corcoran, citizen, addressed the Council stating his concerns with the ,sect, namely the square footage and the potential congestion at the ndard station and the lack of guarantees on the financing for Phase 5. Van Ewing, tenant/owner of a.unit in Phase 3, stated his support for the project . Diana Donovan, citizen, expressed her concern over parking and in particular, employee parking, for the size of the project. Gordon Pierce, architect for the project, stated that tha.s project probably had more parking, both far guests and employees, than any other project in Vail. After much discussion, the discussion was closed and Mayor Slifer asked the Council if they wished t.o give the applicant some kind of sense of how they would be voting at the meeting of February 7th. The :Council was polled and it was decided that they would not comment at this time but would make their comments at the meeting of February 7th. As there was no further business the meeting was adjourned at 10:10 p.m. Respectfully submitted, ~~ Rodney El Sli~er,~r=iayor ATTEST: ~1. ~~~'.+~ . Pamela A._Brandmeye Town Clerk _ ~~ ~ ~~ ~• -C o~ ~ 6 a°~ o ~QO°°~°Q.~m O D _ _.~m~~ ~ o ~ ~ ~ Q ~ ~~ ~.Q ~Q~ ~ O C7 o~ ~ ~_ o ~ ~ ° m Q~a°~mo~o ~ O m o ~ ~ `~ ~ ~ ` ~ ro~3~~~Qmm ~ O O x Q fl O ~ ~?~O ~-~ ~' N ~ ~ Q Q Q ~ C (Q n 7~ Q~~ ~' n 7 O i~ O~ ~~~ 0 6 cfl m Q ~. 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Sli. fer , Pdayor Paul Johnston, P3ayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail tiVahrlich OTHERS PRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was a presentation by Chabin Communications. The Town was presented with a check from Chabin Communications in the amount of $10,000. to be put towards the development of public access programming in Vail. next item on the agenda was the second reading of Ordinance #44, Series of 19$3, an ordinance rezoning the Amoco site and amending Special Development District #6. Also to be Considered was Resolution #T, Series of x.984, a resolution authorizing off-street parking in SDp#6. I4~ayor Slifer stated that a special meeting was held the night before (Feb. 6th} for discussion on this matter and that the pupose of it being on tonight's agenda was to take action on the matter. Kit Cowperthwaite addressed the Council, reading a letter that had been given to the Council from Charles Cowperthwaite. He stated that he felt the legals questions that had been a concern of the Council had been blown out of porportion and felt that only the practical. issues needed to be addressed and that the parties involved would work out their differences between them. After much discussion with the applicant and the Council, the Council was polled to express their feelings on the matter. Kent Rose stated that he had felt that the project was too big all along, as well as expressing his concerns relating to thru traffic and delivery access. Gail Wahrlich expressed her concern with the tenant issue and the quality of the hotel it- self, as well as the reciprocal agreement With the Cowpertliwaites. Chuck Anderson stated his concerns over traffic access, presales, and the unresolved tenant issue. He felt this was the wrong project for this site, Colleen Kline stated that several citizens had approached her on the subject and she felt t at in representing them, she would have to vote against the project at this e. Hermann Staufer then stated that he had sat back and watched this p cess over the last few months without. making any comments, but felt he must say that he was very much in favor of the project and felt the applicant had worked with the Town in addressing most of the issues brought ip. He felt that the project would be a statement of Vail at the 4~waystop and thought it was a good project and would vote in favor of it. Food Slifer stated that he felt mast of the major issues had been :resolved but was concerned over' the traffic issue. Fred Hiller then stated that he was interested only in a vote at this meeting. He stated that he would buy the service station site regardless of the outcome of the vote, Gail Wahrlich stated that although she had voiced her election to absta?in from voting on this issue at th.e last meeting, she had been approached by the applicant and asked to vote one way or another tonight. As she was abstaining in fairness to the applicant, sh.e stated she had decided to vote at this evening's meeting, After some discussion, Kent Rose made a motion to deny Ordinance #44, Series of 1.983, on second reading. Chuck Anderson seconded the motion. A vote was taken anal th.e motion failed 6-1 - Hermann Staufer voting in favor. ~s a result of the vote, Resolution #1, also failed. Joe Stainer then addressed th.e Council and thanked them for all their time and consideration on this project, although he did not agree with their decision. next item on the agenda was the second reading of Ordinance #3, Series of $4, an ordinance rezoning a lot commonly known as. a resubdivision of Lot 3 and the south 1/~2 of Lot 2, Blocl~ 8, Bighorn subdivision from low density multi-family to two family resident~,al, peter fatten presented the ordinance to the Council, stating that no changes had been made to th.e ordinance from first reading. After some discussion, Hermann Staufer made a motion to approve Ordinance#3 oii second reading and Colleen Kline seconded the motion. A vote was taken and the ordinance passed unanimously and was ordered published by title only. M. MINUTES VAIL TOWN COUNCIL P,ZEETING TUESDAY, FEBRUARY 7, 1984 Page 2 The next item on the agenda was the first reading of Ordinance #d, Series of 1984, an ordinance amending Ordinance #1h, Series o~ 1.983, relating to the cable television advisory board. Larry Eskwath presented the ordinance to the Council. He stated that the main revision to th.e ordinance was changing the number of members from 11 to 7, all whom were to be residents of the Town of Vail, Councilmember Kline also pointed out a section that needed to be added to the ordinance an second reading. After some discussion Gail ~1~ahrlich made a motion to approve Ordinance #5 on first reading and Chuck Anderson seconded the motion. A vote was taken and the motion passed unanimously and was ordered published an full with .amendments. The next item on the agenda was a report by Kevin Race of Heritage Cab1e- vision. There was some discussion relating to the recent carrying of TV2 on Heritage Cabletelevision. Rich Caplan stated that a renogiation of the franchise agreement between the Town and Heritage would be forthcoming in the next 3-6 months and anyone interest in making any comments would be welcome to make comments. Dan Corcoran, citizen, stated the strong opposition he had perceived from the lodging community on having TV2 in Vail. There were several. other comments from citizens regarding the station being in Vail. The next item an the agenda was the first reading of Ordinance #6, Series of 1.984, an ordinance adding handgun ranges to the conditional uses in the public use district. Peter Patten presented the ordinance to the Council, stating that the handgun range for the Vail police department as currently in Gypsum. He stated that the police department had done a test run for sound at the proposed site out by the Town shops to see what the noise level would be. Iie stated that from across the interstate the sounds were barely heard.. He stated that the Planning Commission had approved the conditional use 5-1. After some discussion Kent Rose made a motion to approve Ordinance #6 on first reading and Hermann Staufer seconded the motion. George Knox expressed his concern over not being able to test the site during summer conditions and stated he would like to discuss this issue with the Vail Metropolitan Recreation Board before second reading. After mare discussion a vote was taken on the motion and it passed unanimously and the ordinance was ordered published in full on first reading. There was no Citizen Participation. The next item on the agenda was the discussion of the Community Action Plan a d the approval of Resolution #2, Series of 7.984. Dick Ryan presented the ~,n to the Council.. Ryan stated that the committee had worked for 18 months on the plan and he suggested a 3 month review of the plan when at was put into effect. Ryan thanked the staff for the amount of time and effort that was put into the plan, as well as Councalmembers Wahrlach and Anderson who worked on the committee. After some discussion, a motion was made by llerMann Staufer to approve Resolution #2 and seconded by Paul Johnston. A vote was taken and the motion passed unanimously. The next item on the agenda was the approval of the La.onshead construction contract. Steve Patterson, Building Official, presented the bids to the Council - $1,680,000 to RBI and $244,000 for paving. ~~r. Patterson asked to get a date ,from the Council to tell the contractors for their final approval. It was decoded that April 1, 1084, would be the date. After some discussion a motion was made .by Gail Wahrlich and seconded by Paul Johnston to approve the contracts. ,~ vote was taken and the motion passed unanimously. The next item on the agenda was the approval of a lease agreement with the Vail lt~etropolitan Recreation. District reg~.rdng the golf course. Rod Slifer stated that the Council had decided to table the matter until Chuck Anderson and Heimann Staufer met with members o~ the Rec Board to dascuss~he figures. next a.tem on the agenda was the appointment of one Pla,nnang Commission member and one Desiarn Review Board rnembex. Scott Edwards was .appointed to the PEC and Steve Caswell to the DRB, Mayor Slifer thanked all the applicants who had submitted their names fox consideration. ~,SINUTES VAIL TOWN COUNCIL MEETING TUESDAY, FEBRUARY 7, 1984 Page 3 The next item on the agenda, was a report from Paul Johnston on his trip to St. Moritz, Switzerland, and our bid fox the 1989 World Championships in Vail. Johnston stated that Vail was a very promising site for the 1989 Championships and a serious marketing effort was underway to obtain the site. Under Town Manager Report, Rod Slifer announced that Rich Caplan had been selected to servie on the Community and Economic Development Policy Committee of the National League oi' Cities which will, meet in Wash. D.C. in ~.~arch. Rich Caplan stated that the Fire Department would be holding a public. hearing on the proposed false alarm ordinance next P.~onday evening, Feb. 13th, at 7:00 pm in the Council Chambers. There was no Town Attorney Report. As there was no further business the meeting was adjourned at 1.0:10 p.m. • Respectfully submitted, .// Rod"ney E. S~iifer, '~,~ay~ r ' ATTEST: ~. ~~~~-Uwr-/ Pamela A.~.'~Brandmeyer, Town Clerk • ~- t i P~f INUTES VAIL TOWN COUNCIL MEETING TUESDAY, FEBRUARY 21, 1984 7:30 P.M. . A regular meeting of the Vail Town. Council was held on Tuesday, FPl-~ruarv' 21 . 1984 . at 7:34 'a. m. in the Council Chambers . ME1I+IBERS PRESENT : Rodney E . S1i fer , P.Iayor Paul Johnston, P.Zayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufex Gail Wahrlich OTHERS PRESENT: Richard Caplan, Town manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town C1erI: The first item on the agenda was a ten year award presentation to Bill Pyka, Assistant Town Manager/Finance Director. Rich Caplan presented the silver bolt buckle to Bill, stating how well Bill worked for the Town and siting some of his major contributions over the past few years. Bill Pyka then addressed the Council. Mayor Slifer announced that Item #~& on the agenda, the Oldenburg site discussion, had been tabled until further research had been completed by..the private committee, for any o~ those people in the audience that had come specifically for that issue. The next item on the agenda was the second reading of Ordinance #5, Series of 1984, an ordinance amending Ordinance #15, Series of 1983, relating to the Cable Television Advisory Board. Rod Slifer addressed a letter received from Bill James, Acting Town ll~anager, Avon, regarding public access televis~.on. It was decided that the Town of Vail would establish their own advisory board but would be willing to work with other communities in the establishment of their own board. After some discussion Paul Johnston made a motion to approve Ordinance #5 on second reading and Kent Rose seconded the motion. A vote was taken and the motion passed unanimously and the ordinance was ordered published by title only. The next item on the agenda was the appointment of the new Cable Tele- vision Advisory Board. Cissy Dobson, Jim Lamont, Flo Steinberg and Cal Thomas. were appoint to two year terms and Mike Cacioppo, Bill Perkins and Darwin Rader were appointed to one year terms. Mayor Slifer thanked all of those who applied for their interest. The next item on the agenda was the second reading of Ordinance #6, Series of 1984, an ordinance adding hand gun ranges to the cond~.tional uses in the public use district. Peter Patten stated that there were no changes from first reading. Pat Dodson stated the Vail rletropolitan Recreation District would Like to get more involved with the establish- ment of the range at a later date. After some discussion Gail Wahrlich made a motion to approve Ordinance #6 on second reading and Kent Rose seconded the motion. A vote was taken and the motion passed unanimously and was ordered published by title only. Under Citizen Participation, Paul Johnston brought up the issue of a House Bi11 being considered regarding Home Rule Charter and asked the staff to obtain a copy o~ the initiative. Chuck Anderson suggested that Rich Caplan invite Randy P,Iilhoan from CIVIC who has recently resigned from his position as Director, to a work session in the near future. . Flo Steinberg expressed her concern over street lights being out on Vail Valley Drive. Rich Caplan stated that the Town was aware of the problem and was working with Holy Cross Electric to establish the work necessary to fix the problem. ., ~~ r ~ i MINUTES VATL T0~'VN COUNCIL MEETING TUESDAY, FEBRUARY 21, 19f3~4 Page 2 The: next item on the agenda was an aj~peal of the Cyrano's deck enclosure. Peter Patten gave the Council the background on this issue, stating that the staff recommended approval of the project with the conditions out- lined in his memo. He stated the Planning Commission had approved the project unanimously. Jim Columbo, architect for the project and repre- senting the applicant, addressed the Council, stating that the project' met all the criteria requested o~ the Council and the staff. There was much discussion regarding the removal enclosures and how the deck would be totally open during the period of June 15 thru September 15th. Paul Johnston stated that this was the third time this project had been before the Council and a lot of conditions had not been met that the Council had requested of the applicant. Hermann Staufex stated his objection to the enclosure, feeling that the deck would in time remain totally closed. Gail Wahrlich stated her opposition to the enclosure, stating that it was inconsistent with the mountain atmosphere. After much discussion Chuck Anderson made a motion to overturn the PEC decision and deny the enclosure and Paul Johnston seconded the motion. Colleen Kline stated her feeling that there was something wrong with the process the Town goes through if the applicant gets to this point and .not clear on what is expected or required, and that the process needs to be addressed. After more discussion, a vote was taken on the motion and the motion passed unanimously. The next item an the agenda was the appeal of the Valentino's deck enclosure. Peter Patten presented this item to the Council, stating that the Planning Commission had recommended approval 5-0 with two members absent. This enclosure was fully removal during the summer months. Jim Columbo, the architect on this project, presented his project to the Council. Rod Slifer again he was in favor of outdoor dining and would vote against this enclosure. There was much discussion following. Chuck Anderson then made a motion to overturn the PEC decision and deny the enclosure. Gail Wahrlich seconded the motion. Jerry Grevin, of Valentino's, felt that there was no consistancy in the Council's decisions on these decks, stating several in town that had been given approval. He felt that restaurants were being discriminated against. Mr. Columbo asked for some direction from the Council for~'future projects. The Council stated that each request was handled on an individual basis, but that the general direction of the Council was to leave outdoor dining in Vail. After some discussion a vote was taken on the motion and the motion passed unanimously, overturning the PEC's decision to grant the enclosure. The next item on the agenda was the consideration of covenant change for Lionshead Filing #1 (Oldenburg site). As r,~ayor Slifer had stated earlier in the meeting, the issue had been tabled until further research by the citizens' committee .had been completed. The next item on the agenda was a report back on Vail Associates/Beaver Creek display box in the Casino Building. Dick Ryan presented this issue to the Council. The applicant had requested that the request be dropped so t-hey could use the space for a directory for all offices and shops in the building. Ryan stated that the staff recommended reversal of the DRB decision. A vote was then made to Hermann Staufer to overturn the DRB decision and Chuck Anderson seconded the motion. A vote was taken and the motion passed unanimously. There was no Town Manager Report. There was no Town Attorney Report. As there was na further business the meeting was adjourned at 10:10 p.m. l~"'TEST ~ f y, _ - ~d. ~~ Pame~~a.~"A :.. ~Bx~ndmeyer, own Clerk Respectfully submitted, r Rodney E . Slri~fer , Mayo .~ ~`ir MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, MARCH 6, 1984 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, March 6, 1984, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT; Rodney E. Slifer, Mayor Paul Johnston, Mayor Pra-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich OTHERS PRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the first reading of Ordinance #7, Series of 1984, an ordinance providing for an earlier submittal deadline for exterior alterations and modifications in Commercial Core II for the spring of 1984 only. Dick Ryan presented the ordinance to the Council, stating that this me ordinance had been before the Council last spring but was defeated on ~cond reading because of the failure to begin the Lionshead Improvement Project. He stated that the staff recommended approval of this ordinance. After some discussion a motion was made by Hermann Staufor and seconded by Paul Jahnston to approve Ordinance #7 on first reading. A vote was taken and the motion passed unanimously and the ordinance was ordered published in full on first reading. The next item on the agenda was the first reading of Ordinance #8, Series of ].984, an ordinance approving a special development district -- known as SDD#12 - and the development plan in accordance with Chapter 18.40 on the Vail Municipal Code. Mayor Slifer stated that the Council had toured the Sonnenalp facility that afternoon in preparation for this evening's dis- cussion. Dick Ryan presented the ordinance to the Council, stating that this would be a complete remodel of the existing Sonnenalp Lodge. He stated that all objectives of the Urban Design Guide Plan had been met, that he felt the arcade was a positive step and that no view corridors were involved. There was a concern by the staff that no parking had been provided for the addiction of the additional rooms {95 spaces). Ryan stated that the Planning Commission had voted 3-3 on the redevelopment. Jay Peterson, representing the applicant, gave a presentation on the redevelopment. Curt Ufkes, Chief of Police, stated his concerns over the parking issue as well as the bus ~ne, which was stated by the applicant as having to be narrowed and to only et one bus through at one time. There was much discussion following relating to the project, the parking issue, the bus lane, the landscaping, the place- ment of the arcade on the north side of the building, and street lighting. Councilwoman Kline expressed her concern over the Town's charging for parking spaces and felt that this whole program needed reviewing. The. remaining Councilmembers concurred that this needed to be looked into. After much discussion, Chuck Anderson made a motion to approve this ordinance on first reading with several issues to be resolved with the Planning and Environmental Commission (attached) before second reading. Councilwoman Kline seconded the motion. Sandy Mills, citizen, asked Dick Ryan if he had a feel for how many other lodges would be coming in and asking for increases in GRFA. Ryan stated that this was not possible for most lodges in the village, as they had build pretty much the maximum allowed for their sites. Dan Corcoran, citizen, expressed his support for the project, stating his concern over pricing of parking spaces. After more discussion, a vote was taken on the motion and the motion passed 6 - 1, Councilman Johnston opposing. The ordinance was ordered published in full on first reading with amendments. The next item on the agenda was Resolution #3, a resolution authorizing off- treet parking and loading requirements for SDD#].2. Dick Ryan stated that Zs resolution should be tabled until second reading of Ordinance #8, Series f 1984, as it only required one reading. Councilman Staufer made a motion to table Resolution #3 and Paul Johnston seconded it. A vote was taken and the motion passed unanimously. ,~.. ~2- The next item on the agenda was Citizen Participation. Dan Corcoran asked ~y cars were being allowed to ,dark on the Frontage Road instead of being rested to the Lionshead Parking Structure after the Vi~.lage Structure filled. Mayor Slifer stated that this had been a Council decision and it was being done on atrial basis for the convenience of Vail's guests. Mr. Corcoran stated that he felt this might be unfair to the Lionshead merchants and stated that they (L/H merchants would probably be contacting the Council. The next item on the agenda was the appeal of a DRB decision regarding Lot 26, Vail VilJ.age West, Filing #2. Peter Patten presented the appear to the Council, stating that the DRB had turned it down on the issues of not being compatible with the neighborhood structures {flat roof):, the accent of the house and the landscape plan. Will Miller, owner of the property, addressed the Council on his project along with Tim Clark, the architect. After same discussion Councilwoman Wahrlich made a motion to overturn the DRB decision and allow the project to be built as presented. Paul Johnston seconded the motion. A vote was taken and the motion failed 4-3. Councilwoman stated that she would like to see some changes made to the siding and Councilman Rose stated that he felt Miller would have a problem with a flat room and sky light combination. Miller was requested to make his changes and take his project back to the Design Review Board at that tame. ~e next item on the agenda was the consideration of a sign variance request by Vail Apothecary, Inc. Peter Patten presented the request to the Council, stating that the small wooden sign outside of the business had. been erected prior to the annexation of West Vail into the Town of Vail, but the applicant had failed to get Eagle County or Town of Vail approval to erect such a sign. Patten stated that the large yellow sign an top of the Vail De Shane roof was part of the '.'grandfather clause" and would be forced to be .removed in January of 1986. Patten stated the staff recommended denial of the variance. After some discussion, Councilman Staufer made a motion to uphold the DRB decision according to findings in the staff memo and Councilman Anderson seconded the motion. A vote was taken and the motion passed 6 - 1, Johnston opposing. The next item on the agenda was the discussion of the Lionshead financing for the Lionshead Improvement District. Bill Pyka, Assistant Town Manager and Finance Director, reviewed the information the Council had received from Boettcher and Company in their packets. Steve Clark and Linda Clark, from Boettcher and Company, gave an overview of the financing plan and.the procedure to refund the real estate transfer tax warrants. Clark and Clark were given the go ahead from the Council to begin time frame for the refunding of the R.~TT warrants and to proceed on the necessary steps f.or the bonding. Boettcher ~resentatives stated that they would be getting back to the Council in the next two weeks with their progress. A motion was made by Councilman Staufer and seconded by Councilman Anderson to authorize Mayor Slifer to enter into an agreement with Boettcher and Company for the bonding schedule. A vote was taken on the motion and passed unanimously. Under Town Manager Report, Town Manager Caplan stated that a date needed to be set for another joint meeting the the Planning and Environmental Commission. It was tentative set for Monday, Larch 26, from noon to 3:QQ p.m. Councilman Anderson stated that he would be out of town on that date. Under Town Attorney Report, Town Attorney Eskwith stated that he had received a brochure regarding a parliamentary procedures seminar that he felt would be very beneficial to the Council. He stated that he ~~~ciuld like to schedule such a seminar in Vail sometime in the near future. No firm date was set at this time. As there was no further business the meeting was adjourned at 3.x.:15 p.m. Respectfully submitted, ATTEST: ' Rodn y E, S~i er, M r rr ~A~~~ Pamela A.-;Firandmeyex, Town Clerk °~. ~:~ -- MINUTES VAIL TOWN COUNCIL MALTING . TUESDAY, MARCH 20, 1984 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, 14iarch 20, 1984, at 7:30 P.M. in the Council Chambers. ME&~BERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson (arrived after item #2) Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich OTHERS FRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the reading of Honorary Resolution #4, Series of 1984, a resolution proclaiming March 28, 1984 as Vail Rotary Day. ldayor Rodney Slifer read the honorary resolution and Paul Johnston made the motion and Hermann Staufer seconded to approve Honorary Resolution #4. A vote was taken and the motion passed unanimously. The next item on the agenda was the second reading of Ordinance #7, Series of 1984, an ordinance providing for an earlier submittal dead- line for exterior alterations and modifications in commercial Core II for the spring of 1984 only. Dick Ryan stated that there had been no changes made to this ordinance since first reading. A motion was made by Hermann Staufer and seconded by Gail Wahrlich that Ordinance #7 be approved. A vote was taken and the motion passed unanimously and the ordinance was ordered published by title only. Council member Chuck Anderson arrived at this time. The next item on the agenda was the second reading of Ordinance #8, Series of 1984, an Ordinance approving a special development dis-~ trict (known as SDD#12} and the development plan therefore in accordance with Chapter 18.40 of the Vail Municipal Code. Jay Peterson requested this motion be tabled until the Town Council meeting of April 3, 1984. A motion was made by Kent Rose and seconded by Paul Johnston to table Ordinance #8 until April 3, 1984. A vote was taken on the motion and the motion passed unanimously. Under Citizen participation Jae Morell and Suzanne Dieton Callen homeowners on Sierra Trail stated.to the council that their road is still a dirt road and snow removal through this winter has been very poor. Pete Burnett explained that there is no where to push the snow up or down with so many cars parked in the street. Also there is a trash container stored in the street that is not used. Morell and Callen stated they would try to contact homeowners and get the cars removed. Rod Slifer stated that the road was scheduled for paving until the Bitetto problem happened. When the Town receives its money from the suit in the Bitetto matter they will have the road paved as soon as possible. Slifer stated that if Morell and Callen did not feel this matter improves in the future to please get back with the council again. John Winston who is from Pedal Power presented a proposal to the Council to hold a bicycle race sponsored by the United States Cycling Federation in Vail (core area,track or elsewhere} on August 26, 1984. Vail's race would be one of a.series of races put on through the United States. After much discussion it was suggested by the Council that TrZr. Winston work closely with Pat Dodson and the Recreation Department and get back with the Council as to how this race could be put on in Vai 1. .~ -2- Under Town Manager Report, Town Manager Caplan reminded the Council. the on next Wednesday (March 2S, 1980 the Police Department and Fire Department will. hold a fate alarm public hearing. There was no Town Attorney Report. Slifer stated that the Council has a litigation matter to discuss to the Coucil will have an executive session a.mzr~ediately following this meeting. Slifer stated for the record that the Council had on this day started a process by which they would select a new Town Manager and they would be releasing a press release tomorrow. There being no further busa.ness the meeting was adjourned at 8:30 P.M. Respectfully submitted, • AT'.l'1aaS'r : -. Pamela~A: Brandmeyer(j Town Clerk /~ ~~ ~_ Rddney E . S~. er ° Mayo .,y MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, APRIL 3, 1984 7:30 P.M. A regular meeting of the Vail. Town Council was held on Tuesday, April 3, 1984, at 7:30 p. m. in the Council Chambers. ME142BERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich OTHERS PRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Ram B randmeyer, Town Clerk The first item on the agenda was Resolution #5, Series of 1984, an honorary resolution honoring the Va~.l Junior Hockey Team Bantams. Mayor Slifer presented the team with_the resolution and introduced several members of the team to the Council and the audience. The next item on th.e agenda was Resolution #6, Series of 1984, a resolution proclaiming Library Week in Vaal April. 8 - 14, 1984. Rod Slifer presented the resolution to Charlyn Canada, Librarian. Marilyn McMullen presented the Council and Rich Caplan with a photo-~ graph book of the Vail Public Library from the Friends of the Library. The next item on the agenda was the final report of the 4-way stop study. Scott Smith of Centennial Engineering Co., gave his report to the Council. He reviewed both short term and long term alternatives to the issue, the long term solutions ranging from $1 - $1.7 million.. Mr. Smith stated he felt that the eastbound on and off ramps must be removed from their present site to facilitate any kind of improvement. The Council was requested to review the study and give their comments to Mayor Slifer prior to the State Department of Highways hearing on April 18th. The next item on the agenda was the second reading of Ordinance #8, Series of 1984, an ordinance approving a special development district (SDD#12) and the development plan in accordance with Chapter 1.8.40 of the Vail Municipal Code. Mayor Slifer also read Resolution #3, Series of 1984, authorizing off-street parking and loading requirements for the SDD#12. Dick Ryan presented the ordinance to the Council, stating that all of the issues that were raised on first reading had been addressed. There was much discussion following relating to parking requirements, bus lanes, underground utilities, commercial space and street lights. Councilmember Anderson made a motion to approve Ordinance #8 on second riding with the amendments as discussed. Councilmember Kline seconded the motion, stating that the applicant should be prepared to pay for an additional 71 parking spaces. A vote was taken on the motion and the motion passed 6 - 1, Johnston opposing. A motion was made by Hermann Staufer to pass Resolution #3 and seconded by Kent Rose, with the correction of three typographical errors in the resolution. A vote was taken and the motion passed unanimously. The next item on the agenda was the first reading of Ordinance #10, Series of 1984, an ordinance authorizing an appropriation of $151,232.00 in connection with the purchase and acquisition by the Town of certain real property from Vail Associates for public purposes. Town Manager Caplan repsented the ordinance to the Council, stating that it was needed for the purchase of VA land with real. estate transfer tax funds. After some discussion Paul Johnston made a motion to approve Ordinance #10 on first reading and Kent Rose seconded it. A vote was taken and the motion passed unanimously and the ordinance was ordered published in full on first reading. Resolution #7, Series of 1984, was then presented to the Council by Rich Caplan. Mr. Caplan stated that this resolution was needed to authorize the purchase of Vail Associates land by the Town. Hermann Staufer made a motion to approve Resolution #7 and Paul Johnston seconded the motion. A vote was taken and the motion passed unanimously. MTNUTES VATL TOWN COUNCIL APRIL 3, 19$4 Page 2 The next item on the agenda was Ordinance #9, Series of 1984, an emergency ordinance adopting standards far the issuance of optional premises liquor licenses and for optional premises .for a hotel and restaurant license. Larry Eskwith presented the ordinance to the Council, stating this ordinance sets forth the standards to enable the golf course to open its season with a liquor license. After some discussion, Councilmember Kline made a motion to approve Ordinance #9 as an emergency ordinance and Councilmember Johnston seconded the motion. A vote was taken and the motion passed unanimously and the ordinance was ordered published in full. There was no Citizen Participation. The next item on the agenda was an appeal of a Design Review Board decision regarding Lot 26, Vail Village West, Filing #2. Tom Braun presented the appeal to the Council, stating that this same project had been sent back to DRB by the Council earlier this year and that the DRB had again dented the project 4-l. Al Weiss, representing a group of residents in the area, presented a petition to the Council opposing the project. The concerns with the project were the flat roof, the exterior finish and the landscaping. Aftex some discussion, Councilmember Wahrlich made a motion to overturn the DRB decision and approve the project and Councilmember Kline seconded the motion. A vote was taken and the motion passed 6 - 1, ~dayor Slifer opposing. The next item on the agenda was a review of State Highway Vail Pass road conditions sign. -Mayor Slifer stated that the Vail Town Council had no authority relating to the placement of the sign and that this was to be a discussion only. Attorney Arthur Alplanalp, representing John Tuschman, addressed the Council, requesting the Council hold a public hearing to get the opinions of Vail residents on the sign. He listed the sequence of events leading to this evening's meeting. Mr. Alplanalp stated that he had attended a Vaal I4~etropolitan REcreatian.District meeting and had received strong support from them to attempt to have the sign relocated. Alplanalp and Tuschman stated that had both gotten the idea that the Town Council was not interested in pursuing the issue and wished to get a statement from them. George Knox, representing the VMRD, stated that the Board was strongly opposed to the sign anal would be willing to ask the Sate Dept. of Highways to look into relocating it. Kent Rose stated that unless there was a workable alternative place to put the sign, he did not want to contact the Highway Department. It was agreed that the VMRD would send a letter to the Highway Department and look for alternative sites for the sign, and if any were found, they would report back to the Town Council. Rosalie Ruoff, citizen, asked that the lights at the bus barn be dimmed. The Council requested Stan Berryman, Public Works Director, to look into the matter. There was no Town Manager Report. There was no Town Attorney Report. As there was no further business the meeting was adjourned at 11:15 p.m. Respectfully submitted, _.-- ~~ Roney E. S~i er; ay~` ATTEST: +~ . / Pamela A. Brandmeyer, 'T~wn Clerk ..~ . , ,, MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, APRIL 17, 1984 7:30 P.M. A ~ular meeting of the Vail Town Council was held on Tuesday, April 17, 1984, at 30 p. m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich OTHERS PRESENT: Bill Pyka, Assistant Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk honorary The first item on the agenda was Resolution #8, Series of 1984, a/resolution honoring the Buddy Werner championships. Mayor Slifer presented the resolution to Richard "Chupa" Nelson, head coach for the Buddy Werner Team. Mr. Nelson thanked the Council for their public recognition. Th~ext item on the agenda was the second reading of Ordinance #10, Series of 198 an ordinance authorizing an appropriation of $151,232. in connection with the purchaso of Land from Vail Associates (.golf course property). Counca.lman Anderson stated that he felt there was some confusion in that this payment would come out of the Pulis property recently acquired by the Town, and that was not the case. Assistant Town Manager Pyka was requested to set up a meeting with the VMRD and Chuck Anderson and Hermann Staufer to discuss this. After some discussion Hermann Staufer made a motion to approve Ordinance #10 on second reading and Paul Johnston seconded it. A vote was taken and the motion passed unanimously and the ordinance was ordered published by title only on second reading. The next item on the agenda was Resolution #10, Series of 1984, a resolution authorizing official notice of bond sale far Town of Vail general obligation bands, Series 1984, dated June 1, 1984, in the aggregate principal amount of $1,600,000. Bi11 Pyka presented the resolution to the Council. Steve Clark from Boettcher and Co. addressed the Council, stating that approximately 200 notices of sale would be mailed out next week to prospective purchasers.. Councilmember Anderson asked a question. relating to optional redemption. After some discussion Paul Johnston made a motion to approve Resolution #10 and Colleen Kline seconded the motion. A vote was taken and the motion passed un~mously. The next item on the agenda was the first reading of Ordinance #12, Series of 1984, an ordinance authorizing the issuance of general obligation bonds, Series of 1984, dated June 1, 1984, in the aggregate principal amount of $1,600,000, for the purpose of paying a portion of the cost of constructing and installing improvements to the Lionshead Mall and surrounding areas. Bill Pyka presented this ordinance to the Council. Steve Clark from Boettcher and Co. again addressed the Council. He stated there were several blanks in this ordinance which would be filled in on second reading. After some discussion, Hermann Staufer made a motion to approve Ordinance #12 on first reading and Paul Johnston seconded the motion. A vote was taken and the motion passed unanimously and was ordered published in full on first reading. The next item on the agenda was the first reading of Ordinance #13, Series of 1984, an ordinance relating to the issuance of Town of Vail refunding land transfer tax anticipation warrants, Series of 1984, dated Map 15, 1984, in the principal amount of $4,135,000, for the purpose of refunding Series 1980 A and Series B of the Town's land transfer tax anticipation warrants. Bill Pyka presented this ordinance to the Council. Steve Clark from Boettcher and Co. again addressed the Council, inviting them to his office in Denver on Tuesday, Ap~ 24, to watch the process take place. He suggested that the Council meet in pecial session on Tuesday, April 24, to discuss the day's events. He stated the sale of bonds would not exceed $4,200,000 at 11.% interest. After some dis- cussion Chuck Anderson made a motion to approve Ordinance #13 on first reading and Paul Johnston seconded the motion. A vote was taken and the motion passed unanimously and the ordinance was ordered published in full on first reading. ,, VAIL TOWN COUNCIL MINUTES TUESDAY, APRIL 17, 1984 Page 2 Th~ext item on the agenda was the first reading of Ordinance #11, Series of 1984, an ordinance setting forth provisions for the protection of the covenants of the Town of Vail from geological hazards. Peter Patten presented the ordinance to the Council, stating that there was a need to amend the Municipal Code because of concerns over severe problem areas where land slides, rock falls and other geological hazards could occur. Mr. Patten stated that the staff had recommended approval of the amendment to the ordinance. George Hollenbeck, representing several property owners in the Booth Creek area, made a presentation to the Council stating their concern over what the passing of such an ordinance would do to the property values in the Booth Creek area. Charlie Crowley, property owner in the Booth Creek area, expressed his concern over the problems in getting insurance coverage should such an ordinance be passed. He felt someone with more expertise than the Community Development Department should be appointed to make such judgment on the area in question. Will Trout, citizen, offered some suggest- ions to amend the ordinance as well as some concerns he had on the passage of the ordinance. There was much discussion following. Councilmember Anderson made a motion to Ordinance #11 until such time as the Community Development had time to incorporate the concerns of the community, as this was to be adopted for the entire Vaal. Valley, not just Booth Creek. Larry Eskwith, Town Attorney, sta ed that he felt it would be .beneficial for the Council to pass this ordinance on rst reading and tabling at on second reading if need be, so that the policies cou d be Gail Wahrlich seconded Chuck Anderson's motion. Rod Slifer stated he felt the Town needed to adopt regulations concerning .t he hazards and would support the motion. A vote was taken and the motion passed unanimously. The ordinance was rescheduled for first reading May 1, 1984. The next item was Resolution #9, Series of 1984, a resolution approving the lease of certain equipment by the Town of Vail. Bill Pyka presented the resolution to the Council, stating that it was far a backhoe and the total amount was $17,000. After some discussion, Hermann Staufer made a motion to approve the resolution and Kent Rose seconded it. A vote was taken and the motion passed unanimously, The next item on the agenda was Citizen. Participation. Colleen Kline stated that she had received several calls relating to extended bus service during the off season. It was agreed to discuss this matter at .the work session on April 24th. The next item on the agenda was the consideration of an easement agreement from PrTountaan Bell. Steve Patterson presented the request to the Council, stating that at was for phone lines at the new starter shack on the golf course. Gail Wahrlich stated that she felt the legal description was too vague and that she un stood from Larry Eskwith that he had not reviewed the request prior to the Coil's receiving it this evening. Kent Rose made a motion to table the request until at had been looked at by .the Town Attorney and the legal description had been revised. Hermann Staufer seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was an appeal of the PEC decision relating to a GRFA variance on Lot 12, Block 2, Vail Village 13th filing. Peter Patten presented the appeal to the Council, stating that the Planning Commission had denied the request 6-0. He stated that the Staff also recommended denial. There was much discussion following regarding the possibility of changing the regulations of the ordinances in relation to greenhouses, solar heating, etc. Peter Patten explained that it was a delicate issue and it would affect the entire valley's GRFA allowance if the ordinance was changed in this way. The applicant made his presentation to the Council, stating this his request met all the criteria of for federal tax credits. Kent Rose asked the applicant if he would be walling to withdraw his appeal until the Planning Commission has tame to review the existing ordinances and possibly make changes that would allow his project to go through. Colleen Kline suggested that the Council waive the 2Q day tame frame and that if the Council dad not take any action within a prudent time period, he bring his appeal back to the Council. Councilmember Kline put this sustaon into the form of a motion and Kent Rose seconded the motion. A vote wa aken on the motion and passed unanimously. Chuck Anderson suggested to Peter Patten that the st aff take a look at internal GRFA variances at the same time. Mr. Patten agreed to do this. J ~ !~"! SAIL TOWN COUNCIL MYNUTES TUESDAY , APRI L 1.7 , 1.9 84 Pa~3 The next item an the agenda was an appeal of the PEC decision regarding the Lodge at Lionshead deck enclosures on certain condominiums facing the Lionshead Parking Structure. Kristan Printz, Planner, presented the appeal to the Council, stating that there were 4 balconies involved. She stated that the staff had recommended denial to the request. She stated that the Planning Commission had felt they should uphold the Town's ordinances and this case was very similar to the previous request. Scott Thornburn, representing the applicants, made a presentation to the Council, stating their reasons for asking for the variance. Several property owners and the Lodge's managers were also in attendance. Mary Jo Goode read her letter that she had previously submitted to the Council stating her reasons for asking for the variance. After much discussion, Colleen Kline made a motion to uphold the PEC decision and deny the appeal. Kent Rose seconded the motion. A vote was taken and the motion passed 6 - 1, Gail Wahrlich opposing. There was no Town Manager Report. Under Town Attorney Report, Larry Eskwith asked if the Town could purchase 1 or 2 ~e microphones for the Council. Chambers. Pam Brandmeyer, Town Clerk., stating th she was doing research on that as well as updating the entire amplification system and would be getting back with the Council when she had completed her research. As there was no further business, the meeting was adjourned at 10:15 p.m. Respectfully submitted, ~~~~~~ Ro~fi ey E. Slifer, M yob ATTEST: A Pamela A. Brandmeyer, Town Clerk - '~ „ MINUTES VATL TOWN COUNCIL MEETTNG TUESDAY, MAY 1, 1984 7:30 p. m. regular meeting of the Vail Town Council. was held on Tuesday, May 1, 1984, at 7:30 p. m. in the Council Chambers. MEMBERS PRESENT; ABSENT: OTHERS PRESENT: Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Stauffer Gail Wahrlich Rodney E. Slifer, Mayor Richard Caplan, Town Manager harry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the second reading of Ordinance #12, Series of 19$4, authorizing the issuance of general obligation bonds, Series of 981, in the aggregate principal amount of $1,600,000, for the purpose of ying a portion of the cost of constructing and installing improvements o the Lionshead mall and surrounding areas. Bi11 Pyka presented the ordinance to the Council, stating the Boettcher and Co. had come in with the Lowest bid of 9.9069 percent. There was discussion following. Councilmember Staufer then made a motion to approve Ordinance #12 on second reading and Councilmember Kline seconded the motion. A vote was taken and the motion passed unanimously and the ordinance•,~was ordered published in full on second reading. The next item on the agenda was the second reading of Ordinance #13, Series of 1984, relating to the issuance of Town of Vail refunding land transfer tax anticipation warrants in the principal amount of $3,965,000. Bill Pyka presented this ordinance to the Council. There was some discussion following. Kent Rose made a motion to approve Ordinance #13 on second reading and Gail Wahrlich seconded the motion. A vote was taken and the motion passed unanimously and the ordinance was ordered published in full on second reading. The next item on the agenda was the first reading of Ordinance #11, Series of 1984, an ordinance setting forth provisions in the Vail Municipal Code relating to the protection of the covenants of the Town of Vail from geological hazards. Larry Eskwith, Town Attorney, presented the ordinance to the Council, stating at this ordinance had been modeled after .a state ordinance affecting ological hazards. There was much discussion follo^~Ting, including comments from Charlie Crowley, property owner in the Booth Falls area, relating to insurance concerns with the passage of such. an ordinance. Ray Story, property owner in Booth Falls, also addressed his concerns for the passage of such an ordinance, feeling that the Booth Falls area was being singled out when, in fact, according to the geological hazard map, several other areas in the Vail Valley were also considered to be the the hazard zone. He felt that all property owners should~~be made aware of this and and a public hearing should be held to get public input. George Hollenbeck, property owner in Booth Fa11s, expressed his concerns with the ordinance.. lllr. John Rold from the State of Colorado Geology Department was also in attendance and addressed the Council and the public as to what the State felt was appropriate for the Town to do, as well as other cases around the country had done. After much discussion, Councilmember Anderson made a motion to table Ordinance #11 until such time as the affected people in Vail Valley had a change to be heard. Councilmember Staufer secohded the motion. Town Attorney Eskwith suggested that the Council needed to take some kind of action this evening with the building permit season beginning and people that would be requesting permits would want to be building in the affected area. Attorney Eskwith suggested that an emergency ordinance be passed on May 15th putting a 60 day moratorium any building in the hazard areas. A motion was then made by Councilmember ~hrlich and seconded by Councilmember Staufer to have the staff present such an emergency ordinance at the play 15th Council meeting. Councilmember Staufer seconded the motion. A vote was taken and the motion passed unanimously. Mr. Rold stated to the Council and to the public that he did have several books on geological hazards for sale with him if anyone was interested. .~ _ -~ . MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, MAY 1, 1984 GE 2 The next item on the agenda was the first reading of Ordinance #14, Series of 1984, relating to false alarms and fee schedules. Mayor Pro-tem Johnston stated that the Council had reviewed this ordinance during work session that afternoon and since there were already numerous changes to the ordinance before it was to be heard on first reading, it had been sent back to staff to make the necessary changes and to be presented for first read~.ng on May 15th. Charlie Crowley, owner of West Vail Liquor Mart, stated that he felt it should not be the store owner's responsibility to pay for fire alarm systems. Don Klinger, local merchant, asked the Council and the Fare Department representatives if the new system being proposed would be adaptable to his alarm system, and if not, who would be responsible for paying the costs involved to make it compatible. There was much discussion following. Councilmember Staufer then made a motion to table Ordinance #14, first reading, to May 15th. Councilman Anderson seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was Ordinances #15 and #16, Series of 1984, first reading, two ordinances relating to amendments to the plan document f the Town of Vaal employee pension plan and police and firemen's pension an. Charlie Wick presented the ordinances to the Council, stating that he purpose of these two ordinances was to amend definitions contained in the plans. After some discussion Kent Rose made a motion to approve Ordinances #15 and #16 on first reading and Gail Wahrlich seconded the motion. A vote was taken and the motion passed unanimously and the ordinances were ordered published in full. on first reading. The next item on the agenda was Resolution #11, Series of 1984, a resolution requesting funds from the Colorado State Highway Commission in the amount of $300,000. to complete the recommendation of traffic signals at the 4-way stop at the main Vail entrance. Stan Berryman presented the resolution to the Council stating that he had received a letter from Vail Associates supporting the recommendation and that a letter from the Eagle County Commissioners was forthcoming. Mr. Berryman stated that the next meeting of the Highway Commission was set 'f or May 17 and the one following that would be June 21st. The Council should decide which date they would like to make their presentation to the Commission. Comments were made from citizens regarding the need for traffic lights at the 4-way stop. It was stated, by the Council that this resolution was merely to prepare to request funds from the State and that it was not a definite go-ahead for the lights, and that further research would be done. Councilmember Wahrlich then made a otion to approve Resolution #11 and Councilmember Staufer seconded it. A ~te was then taken and the motion passed unanimously. The next item on the agenda was Citizen Participation. Pepi Gramshammer addressed the Council on an incident of a police car speeding through the Village in response to a call. There was same discussion between Gramshammer and the Council. Curt Ufkes, Chief of Police, was called on to give any information he had on the incident. It was decided that Ufkes would get back with his staff and inform the Council of his findings. Diana Donovan addressed the Council on the issue of the.' community raising funds for sod for the softball field at Ford Park. She stated that she did not feel it was the community's responsibility to raise the money and hoped that the Council would be able to come up with the funds needed. Donovan also announced on behalf. of Mirka Maser that the Vail Clean-Up Day had been scheduled for Saturday, D2ay 19th and hoped that everyone would turn out for this community event. Under Town Manager Report, Rich Caplan announced that Peter Patten has. been appointed Acting Director of Community Development effective May 14, 1984. ~aplan also reported on the Highland Meadows public hearing that was held on Thursday, April 26th. Stan Berryman, Public Works Director, stated that they had good public input, although a questionnaire was passed out and just a few responses had been returned at this time. MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, MAY 1, 1.9$4 GE # There was no Town Attorney Report. As there was no further business the meeting was adjourned at 10:45 p.m. Respectfully submitted, .f ~~ ~ /. ` Paul ~7ohn~t~n , Mayor Pro-Tem ATTEST ; - ~ ~,~~~~ ~ Pamela A.~~3xandmeyer( Town Clerk • • ~, ~- MINUTES VA1L TOWN COUNCIL MEETING TUESDAY, MAY 15, 1984 7:30 p.m. egular meeting of the Vail Town Council was held on Tuesday, May 15, 1984 a 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul .Johnston, Mayor Pro-Tem Chuck Anderson Colleen Kline Kent Rose Gail Wa.hrlich ABSENT: Hermann Staufer OTHERS PRESENT: Richard Caplan, Town~:'Manager Pam Brandmeyer, Town Clerk The first item on the agenda was the reading of Ordinance #1.7, Series of ].984, an emergency ordinance setting forth provisions for the protection of the inhabitants of the Town of Vail from geologic hazards. Mayor Slifer introducedaithe ordinance. Town Manager Caplan stated that at the request o the Town Council two weeks ago, the Town Attorney had drafted a revised ~inance relating to technical studies that need to be done far building perma.ts issued in certain areas of the city designated on the map adopted by the Town Counca.l a.n 1977, The purpose of the emegency oacdinanee was to allow that any building permit applications which come in between now and the time a permanent ordinance is in effect would be able to have the appropriate conditions and requirements placed on them so that the properties would be constructed in a safe manner. Some members of the Council :and the staff had talked about a variety of alternatives to deal with the issue and were handed out to the Council this afternoon. Mr. Caplan stated that the staff and Council. realized there was some sensitivity to the emergency nature of the ordinance and painted out that according to the town zoning code. the Town zoning administrator does have the authority at this time to require certain technical studies outlined an the ordinance if he feels conditions warrant the same. With proper direction by the Town Council to the staff, many of the concerns addressed in the ordinance can be dealt with in that way. That would leave the opportunity for an individual who doesn't agree with the staff concerns to appeal that decision to the Planning Com- mission and the Council,. Mr. Caplan stated that the staff would like to open up the option of a couple of alternatives for the Council to consider including the adoption of an emergency ordinance as drafted with the intention of bringing back a permanent ordinance on June 15th, or the adoption of the finance in a first reading form with some direction to the staff which could ve in the interim until the ordinance takes effect and accomplish the same aspect, or the adoption of this in resolution farm or some lessor form. Because of the seriousness of the issue, Mr. Caplan stated he felt the Council should address it as formally as possible. Peter Patten was then called on to outline the changes made to the ordinance to its emergency farm. PATTEN: Yes, before Larry Eskwath left and the day .after the last meeting, he dropped off to me the draft of the emergency ordinance. The composition of the emergency ordinance is, there are two basic things you should know. No. 1 is that the language changes that were discussed at the last meeting and basically agreed to by everybody were incorporated into the emergency ordinance and those are, I don't think we need to go through those, but we can if you'd lake and to point those out again. Secondly, Larry did leave out two sections of the original ordinance in the emergency ordinance and those two sections are on page 2, if you've got your old ordinance it's the only way you're going to be able to find it. On page 2, the bottom of page 2 in Section 1, the Section speaking to small interior modification or small additions that someone may wish to do in terms of: making the Community Development Department make a determination whether or not a study would be required on a case by case basis according to the impact of that , that whole paragraph has been left out of the emergency ordinance as well as on page 6 of the old ordinance, the section dealing with not conforming legal existing on conforming structures in terms of their expansion enlargement, the placement and abandonment of those two sections have been left out and I don't really know why. I did not have time to discuss that with Larry before he VAIL TOWN COUNCIL MEETING MAY 15, 19$4 Page 2 ].eft, he just left the ordinance and was out of town, so I really haven't figured out what his reasoning was in leaving the two sections out, but that is the form in which the emergency ordinance comes to you tonight. SLIFER: I think that with so many people here tonight, if you do want to make some camnnents, please come up to the microphone and state your name and then your remarks. Anyone from the Council like to say anything? KL,3I~iE : Well , I' d like to know if the fact that the two sections were left out, are we making any assumptions about that or what are we going to do about that, or do we work from the old ordinance or do we work from this, does anybody know what that means? Is it significant or not? PATTEN: In that the emergency ordinance calls for a ~0 day moritorium, unless the with this ordinance is an place, he may have simply felt that thaw smaller issues in terms of existing non- conforming structures that nothing would happen with those or thay we may not run into those problems. T just really don't know what the answer to that is, CAPLAN: In essence, I think the emergency ordinance is slightly weaker so it depends on what approach you want to take. The ordinance two weeks ago was mare comprehensive. PATTEN: Yes, and following up on that, if the Council washes to add those in, it certainly can adopt ordinance #17 as an emergency ordinance adding those two sections in. KLINE: Well, we didn't discuss deleting them and so I just wanted to make sure that whatever we were doing, we were doing delibertly and not accidently. ANDERSON: Mr. Mayor, I'd like to suggest, I think there are two issues tona.ght and since I know there are alot of things people would like to dis- cuss, T would suggest that since our meeting that we directed Rich to prepare this emergency ordinance we have found that. administratively we can handle the problem by giving the staff the direction to re- + quest they essentially follow these guidelines in approving projects i in those designated zones, that we solve the first issue of the emergency ordinance by giving the staff direction to do that, there- fore not requiring an emergency ordinance, then we can get into discussion of Ordinance #17 as a normal ordinance this evening and the potential of passing that on first reading. SLIFER: So, Chuck., what you're saying as you would propose that in the discussion the ordinance ..could be adopted as a regular ordinance requiring two hearings. ANDERSON: Yes, and we would have a month. in between. then because at would come up on the June 19th.meetang and. think that the emergency factor then is resolved because then Peter ~,n the normal course of business can protect the town from a~ts liabilities which we have to be concerned about. SLIFER: We may have a quorum on the 5th so it could be June 5th, KLINE: Does that mean then that we're suggesting that it be changed from an emergency ordinance that Section 5 on page 6 be deleted? Which is the one that makes it a 60 day ordinance? Or not? ANDERSON: Yes, Colleen, I that I was saying is that of the two ~.ssues tonight T thank that perhaps a.t's easy to deal with whether we necessarily da this emergency ordinance and an my opinion is that it isn't since we can handle it at staff level, then we can get into discussion as a regular ordinance. KLINE: OK. VAIL TOWN COUNCIL MEETING MAY 15, 1984 Page 3 ~IFER: OK, any other questions? JOHNSTON: The other alternative that we Haight consider is treating it by resolution rather than by ordinance at all. An idea that I have as far as title of a resolution would be a resolution setting forth the provisions for the protection of the .inhabitants of the Town of Vail from natural. pheno~aena which might prove to be hazardous to the health, safety and welfare, by directing the Community Development staff to require site specific studies and providing details in relation thereto. CAPLAN: I think that if it's a zoning related matter that the Town Attorney would say it has to be done by ordinance rather than by resolution. JOHNSTON: But if the zoning ordinances are in place, why is a resolution directing the staff not adequate? Why do we need another ordinance saying the same thing? CAPLAN: Well, it would make it part of code which would insure that the prospective developers would have better access to the information and make it easier to defend in court in case the regulations or . conditions be challenged. But, other than that, I don't know. PATTEN: I would supplemen-~ that by saying that the process by which we can require these studies simply within our application farms where you come to the bottom line and it says "other information the zoning administrator may require along with this application". That type of form and requirements really spells out specifically in any certain ordinance that we could really lean back on, in other words, we are given through a number of ordinances we are given the power to design our forms, design our requirements and that's going to be an administrative type of decision that we follow. So maybe in ordinance form may put more strength behind that . CAPLAN: You could have the second reading on June 19th and give the Town Attorney plenty of time to review it appropriately and also the other issues that might come up as long as simultaneously with first reading the staff is directed to follow these proceedings. SLIFER: Any other comments? Okay, if not, why don't we just open it up for discussion. ~tERSON: My name is Jay Peterson, I represent LionTs Ridge Associates, Lt d. and with me tonight is Jahn Slevin, one of the partners of Lions Ridge Associates and also Ron Todd, who was the land planner for the parcel here which is Lionxs Ridge Filing #3. Part of the problem that we have with the ordinance, and I will let Ron go through. what we went through about five years ago now, and probably you would realize why I'm having Ron do the presentation tonight, that ho went through a procedure that this map. This map was adopted in 1977, showing this area to be a hazard area. It is marked R-1 or R-2. T am not sure what it means, but, 1 don't know the difference of the two designations. We were well aware of that problem at the time, and went through not only further studies, went through mitigation and to by the Engineer. That happened, the last report was in 1981. And yet when we went through that because there was no official map, because there was no official hazzard ordinance dealing with that there was no way to take it off the map. So the map stands the way it is. And tonight you were thinking of passing an ordinance which actually adopts every single map, every single study that the Town has and all those maps show potential areas that have been mitigated specific site studies have been done and and are still on the map. Now this Ordinance does state. that you can come before the Town Council. and have those things removed from the map. But unless we do that tonight and then you give the direction to the staff all of a sudden we are in a hazzard ordinance on the official map adopted by official ordinance and that seems to be a little unfair to us. VAIL TOWN COUNCIL MEETING MAY I.5 , 19 84 Page 4 Yet we have already done all those things and we should not be on that map now. We shouldn't have been on that map now for three years.. And yet you are adopting that map as the official map. Along with every other study. I will let Ron go through exactly what we did and all these documents are on file with the Town, you can have copies of anything. I guess that is one of the problems I have with the ordinance. That is why Paul's suggestion and I think you can do that by direction with the Town's staff. I know it is on you application form Peter, as far as you can require any other thing. I thank at is also in an ordinance. That is where it comes from on the application that you can require further documen- tation of which you feel is needed and during this interim period I think that is sufficient. Everybody is concerned and the Town Council has really bent over backwards I feel giving the people understanding their problems with the stigma of being in a hazard area it does do something to peoples property value. As long as we have these procedures during the next 30 t0 60 days when peaple generally came in for building permits. I think that is the,rroute we should probably go. Rather than making official all of these things that are really not official at this time. That map is now seven years old. A lot of things have happened since then. Our is only three years old. So I think everybody is protected during this interim period. It will give the staff time to at ].east update those maps and all their studies with the studies that have been done since on specific pieces of property. I believe that is a fair way to go about it. I turn it over to Ron to let him briefly go through what we did so you. RON TODD: Far the record my name is Ron Todd. I was involved in the land planning design of the lionsridge Filing 3. I thought it might be appropriate since this is my first tame back in six months since my retirement a filibuster might be appropriate. (everybody laughs). Actually I will give a very brief history of the property because I thank it is important to understand the process of the developers of that property which they d~.d go through. The land originally was in the Eagle County unincorporated portion of our valley. And it had originally had soils tests done by Chen and Associates an 1972. Which at that time basically gave a clear picture that the slopes appeared to be quite stable against the building and for the most part felt that there was no problem in that area. Later in 197'7 the property dad change hands and at that time there was an additional study done again by Chen and S Associates where they made mention of the fact that they felt conditions favorable to rockfall was present but did not elaborate on how extreme a condition they considered it to be. This raised sort of a red flag with the County though because it was even mentioned and so there were follow up studies done again. Two more studies by Chen and Associates in March of 1977 and September of 1977 where in one study they described the probability of rock- fa11 in Parcel C as moderate and one of the problems I have with the map here is that I've always heard of hazards described in terms it seems like most geologiests use terms of low, moderate or high and that sort of an accepting arm that people relate to and I too have difficulty, Pet ex, in understanding from the Miers report exactly what he means when he designates R1, R2. Is one of those equivalent to high,.one equivalent to moderate? T couldn't tell by. looking at the map. Well, we went through this process and at that time Art Miers, who I believe assisted the town in the compulation of this hazard map, was doing work for the Town and so because he was in the area and was already studying the area, was asked to do a recommendation of rockfall mitigation on Lionsradge Filing 3, that was actually resubdivasion of Filing 2. Miers did a study and made some recommendations on that property. He described the problems there as ranging from moderate to high and made some recommendations for mitigation. One concern that I would have with the map at this time is that this occurred in exactly the same month that this map was being prepared. And the pattern hazard that he indicated is different from the pattern path he indicated on my specific site study for Lionsridge Filing 2 an relationship to location of high and moderate areas. At the tame time we became VAIL TOWN COUNCIL MEETING MAY 15, 1984 Page ~ aware of Willard Owens Associates and .other geologists who had done a study on basically the same portion of Lionsridge but further to the east and that`s the property that is directly behind the Valli Hi. apartments and Parcel B which is a portion of our property and when Willard Owens did their first study, which was aga~.n in 1972, at the same time as the initial Chen's report, they said there was little likelihood that any large rocks would break off in the and basically said that in that report that the rocks that were down there had been there for for a long history of time and that in our opinion the is sufficiently solid, the large blocl~s are unlikely to break off in the near geologic future. And the geologists talked about Miers geologic future, they not only talked about thousands of years, because they think in terms of millions of years being long distance in the future, but we had a followup study they we located that they did on the same property where again they described the hazard up there as moderate. That is a brief history of how we came to the to the rockfall hazard. We have had seven different studies on the same area, we had engineers, all geologists who had described that particular problem in degrees from none to high. And all in various extent throughout the property. So at that time because of the concern we had about the variation in the reports that we had, I hired another geologiett, this was Woodward Clyde Consultants, and specifically it was Jim Irish who has worked with the Town some of the studies that have occurred up in Highland Meadows area, and I considered him to be one of the most competent geologists in the State of Colorado, and we hired Woodward Clyde Consultants to go up and do a specific home site walk of the Lionsridge property and their findings were in a specific quote; "If we could rank the risk of periodic rockfalls as no worse than moderate across most of the slope. At several small localities where large blocks appear to be loosely perched immediately upslope from existing homes, we judged the .risk to be high." And this is in the area where Judge Hart's house is and Patty house. There are specific blocky up there which he felt .warranted high hazard. He went on~ in his recommendation letter and this was in May of 1979 to suggest how we might mitigate that rockfall. And the suggestions involved selective removal going in with prybars in some cases blasting to remove all the racks that were suspect and from that point in time he felt that that would reduce the hazards that we .h ad experienced in that area. We included that in our environmental impact statement which came to the Town of Vail. Tn fact, it was included in here with a suggestion right out of the Woodward Clyde Report as to how we intended to handle that rockfall mitigation and that was in fact part of the agreement that occurred at the time that Lionsridge Filing #3 annexed to the Town of Vail. It was an agreement that that was entered into. That portion of property was annexed from the County into the Town and then we went through the zoning process and as part of our condition for the granting of the zoning we were required to undertake and complete that rockfall mitigation. During November o~ 1979 when to direct that work feeling that a.t was very important that they stay directly involved with it, we went through mitigation in November and December of 1979, whereby the Woodward Clyde engineers were actually on the site with a can of spray paint and he walked all of those rockout spraying specific rocks and specific formulations which he felt were suspect and should be removed. A local demolition contractor and excavator who was licensed in demolition in the State of Colorado did that work and then we had a followup letter on December 18, 1979, whereby he says, "In our judgment the rockfall risk prior. to scaling range from low to moderate, that is to say that risk is typical for mountain slopes underlaying by layed rocks that pop out of steep cliffs. In actuality, the risk appears to be somewhat less than typical because the rocks dip into the slope rather than outgoing. Thus blocks of that rock had a lesser tendency to slide from the cla.ff. Then he goes on to VAIL TOWN COUNCIL DIEETING T~IAY 15, x.984 Page 6 dd " a , Now; in our judgement, the rockfall xisk across tha.s section of the crack has been reduced significantly by reducing blocks of slabs. They were allowed to tumble .down the slope until they reached a position of repose on a. slighter section of the slope where they are unlikely to be reactivated by natural process in the foreseeable future." One of the things that Jim painted out at that time we went ahead and did same additional work, he had another followup letter that basically said the same thing, but one of the things he pointed out is that this is a process that warrants monitoring. And so, during the early summer of 1981, this process was repeated. Again with an engineer in the field, and specifically marking areas of concern. And I have a letter here, July 28, 1981, from Jim Irish of Woodward Clyde consultants that says, "In our judgment the rockfall risk prior to scale and ranking low to moderate going back to his initial report, and says that we also believe that removal of the loosened rock masses is as preferable to the xock from the standpoint of removal is in one sense a final solution because the rockfall risk of these blocks that removed obviously cancelled. And this is the most important sentence in the whole letter, it says, "Our e~aminatian of the slopes indicate that your contractor has completed the removal. of those designated blocks which in our judgement appear to be potentially unstable." For that reason we feel that the developers out there have certainly done their share of work i.n mitigating their rockfall and that we should not be included , Lionsridge Filing 3 should not be included as part of the hazard map that you're considering adopting tonight. Thank you. SLIFER: Ron, could you point at that map and specifically designate those areas? TODD: This area here, up by Chuck Rosenquist's house and then there's Lots 1, 2 and 3 which are basically on this map indicated as Parcel D, Parcel C and Parcel B in this area and then this is the adjacent property which is Valli Hi. Lionsridge Filing 3 encompasses these areas as well as the G lots. SLIFER: Is the area that was mitigated that entire darkened area? TODD: This entire area along the ridge above the portions of property that we were addressing which wexe again Parcel C, D and B of Lionsridge Filing 3. This continues quite a ways aver into Lionshead. I can't address what was done over there. SLIFER: Can you draw a line upwards north? I would assume that would be verified in your EIS. Is that correct? TODD: Yes, I can make all this l.nformation, it should be in the files because it was part of our initial application. Parcel E comes all the way over to here, but we're mainly addressing the rock fall in this particular axea. SLIFER: Is that all, Jay? PETERSON: That is a11. Once again, we ask that you do not pass the ordinance as an emergency ordinance or that if you do pass it, then it is passed with our parcel deleted out of the map, actually pursuant to the terms of this emergency ordinance. Just one final comment, an first reading, is that I think Larry took quite a bit out of the original ordinance to cut it down to this emergency ordinance and you can adopt it on first reading. On second reading if there axe substantial changes I think you have to pass it again on first reading. So it may not do you any good to pass it an first reading tonight. SLIFER: OK, thank you. Any other comments? MAIL TOWN COUNCIL MEETING MAY 15, 1984 Page 7 ~PIRO: I am Ken Shapiro, representing Shapiro Construction. Company. We're the developers of the Vail Golf Course Townhomes which are also designated in a hazard area on those maps and without giving you the details as it applies to their property, I just wanted to relay to the Council and make it aware that our site and I would presume other developments in other sites like the site that Ron Todd was involved an have been developed subsequent to the preparation of these maps. Our project was developed in 1978 and a subsequent portion of the project was developed in early 1981 anal specifically the property located on that map had a site specific study done by a specialist in the field and that site specific study resulted in the proposed buildings on the site to be subsegv,ently approved and the sumation of my point is that like the situation with Lionsridge property, our parcel is in an area that has already been identified as having circumstances being mitigated to hazard and should not be included by reference to the general study done in prior years that did not take in the site specific details. And I would just like to suggest that in addition to my points concerning my own property, that the Council consider the fact that there axe many studies of record concerning other property as well,-whereby people have already incurred the expense, time and inconvenience of having site specific studies done and it might be more appropriate to have the ordinance either exempt or~incorporate all those site specific studies at the time of this adoption rather than overriding the site spec~.fic studies with a blanket adoption of a map which really was done in very general terms.. I think you'll hear from; leaving the issue of our specific site and speaking in general as property owner in another place yin the valley and also hearing some neighbor's concerns this map doesn't identify any of the impacts of existing buildings that have in fact been built on sites where the site specific drainage adjustments of those improvements on the sites may have altered the flows and the location of these hazards. As soon as anybody goes on a site and changes a drain, or erects a structure it's conceivable that that has an effect on all the contiguous property and again this general map doesn't address all those existing improvements. SLIFER: Thank you, Ken., Peter, do you want to comment? PETER: Yes I do. I thank you may have a misunderstanding here, And before we go through evexy development that had a sate specific study done, the whole idea of this is that the ordinance reads that the elements of control or identification are this map,.whach as everybody can see, is quite old and is obviously outdated for the last 7 years. The whole idea was that we were of course aware that site specifics have been done in Lionsridge, the Vail Golf Course Townhomes and numerous avalanche studies, floodplaan studies and soil studies for the majority almost of major developments in this valley in the last 7 or 8 years. The point is that any conflicting information which is what Jay and Ken are talking about, we have conflicting information between this which is of course a general hazard map done of the entire valley conflicting with site specific that has been done for that project, obviously the site specific takes precedence and the map will be amended and of course the intention is that if we proceed to an ordinance stage here and possibly between first and second reading this map would then be addressed and we would eonglomorate those studies, have the map changed and updated so that we would have an existing uptodate map. And we have the same situatio with our floodplain and avalanche maps as we have with this map, so I want to make that clear that 'any conf3:acting information, the most recent specific information would of course take precedence. ANDERSON: Peter, administratively I think. Ken's Let us say that in projects such as h done on it and it's approved and it's the road ten years and somebody wants How are the realtors involved and the has been taken care of and how are we example as a very good one. is which has had site specific in fine condition. Go down to sell one of the units. buyers going to know that that going to administer it? See VAIL TOWN C0~7NCIL MEETING MAY 15, 1984 Page 8 i what I ' m saying? PATTEN: The map would be changed to reflect that that would not be in a hazard zone because it had been mitigated. ANDERSON: But are we going to do that in every single property that has been mitigated out? PATTEN; I think it's like the zoning map in that you periodically update your maps .. . ANDERSON: There are ,just some practa.cal things sa that when a, realtor as listing a piece of property they would have to come over to the Town for their own liability and see that that particular piece of property had been exempted from the hazard area an's in. PATTEN: I would think so, yes. I would hope so. PETERSON: Chuck, the ordinance dies address that, and I agree with what Peter is saying but I think I disagree with him on the two week tame span here and I think all that should be done before the first reading. What you've drone is basically, say somebody's in the hazard area which kind of designates that and puts a stigma on it, even though they're not today. Today you're putting a stigma on it. From now until June 5th you're going to say, well then we can look at all these site specific studies and amend the map to reflect that. That should be done before you adopt these maps an first reading. Let's go back and take a look at those sate specific studies, amend the boundaries that you can, now that you're sure of it, then adopt the ordinance on first reading. That would allow in the future to happen is that people do in the future as to mitigate their site do their studies, they can once again call for the Town Council. to formally change the boundaries of the map. ANDERSON: I realize that. My concern was the administration of a down line. When somebody's reselling a piece of property, how is this going to be handled? Tlow ar.e they going to know? SLIFER: Any other comments? dAMAR: My comment in regards to Chuck's comment, you probably aught to take a look at administratively following the same procedure fox all the hazard areas, because when a guy comes an and builds. an avalanche wall behind his house and in effect takes himself out of the avalanche hazard area, he's still shown on the Town of Vail map as being in the avalanche hazard. When the houses out by you in the 11th filing to level their lot and taken out of the 100 year floodplain, the Town of Vail floodplain map shows that he's still in the 5.00 year floodplain and I guess that kind of points out one thing, as that everybody seems to be taking this hazard and setting it off apart from how we treat avalanche hazard and flood- plain hazard and they're assuming that a big stigma gets put on these lots as being in a hazard area. They are in a hazard area and I don't think you need or should ignore it. The fact is that the Town is regulating avalanche hazard areas right now, they're regulating floodplain hazard areas and there are hazard areas and everybody seems to have a problem with this word hazard. I think Jay and Ran brought up a good point in that clot of these hazard areas can be mitigated and successfully they have been. So I don't think that everybody should get so excited all of a sudden to find out that they're in a hazard area.' That would be the purpose of the regulation is to alert people to the fact that they are indeed in this area and sometimes they can mitigate it and sometimes they can't. I think that you need to go ahead and adopt an ordinance with the updated map. But T think it's important to realize back in 1977 when the avalanche hazard map was adopted and controls were adapted and the floodplain controls were adopted, the rackfall studies and geologic studies were not as technically advanced at that time and now that that field of study has advanced a little bit more these areas need to be addressed and again, as Jay pointed out, they can be addressed in certain cases so I would urge you at some point to adopt some ~.ega~slation. VAIL TOWN COUNCIL MEETING MAY 1.5 , 1984 Page 9 FER: Thank you, Peter. Any other comments? HALLENBECK: My name is George Hallenbeck. I'd lake to make a few comments. One of them in regard ordinance in genera]. and a couple of specific comments. I've yet talked to anybody outside of Town officials that have been in favor of this ordinance or in favor of the hazard ordinance being considered on June 19th. An opinion that that I have perceived from the people I've talked to along with my own opinion is that a plan mare along the lines suggested by Ray Story at the last meeting has a lot more chance for addressing the problem an a positive rather than in a negative way. I'm concerned with the notion of having any legislation, I would argue, I have a feeling that most of the people sitting in this room would happy to come up and tell you that for one reason or another why they're opposed to the hazard ordinance and I think that given that kind of opposition and given the fact that people deal with this problem in the short term with a simple resolution asking the Town to protect property and personal life makes no sense to me, why you would want to treat this as a first reading. I would recommend that you instead, which would make a lot more sense, for the Town officials that they remain committed to this course to take the steps that are required to get the map correct so that you don't change everything between the first and second readings, and to get the ordinance correct, this is a good ordinance, or at 3.east as good of an ordinance as we have with the basic flaws of philosophy as I see them. And so I would strongly recommend to you that you resand the resolution at this meeting and in a very vigorous way at the Council meeting on June 19th. Secondly, in regard to this ordinance specifically, if you pass this ordinance tonight, any damages that occurs to any homes say damage from the mud flow that happened down in West Vail, my feeling is that wi~.th this ordinance you couldn't a building permit in order to correct the damage, with- out a site specific study. Sa I believe that if you pass this ordinance, technically, people that are in the mudslide area can't repair their homes. And, anybody in a mudslide area anyway can't move a wall in their kitchen because you need to get a site specific geological survey in order to do that in order to make any modifica- tions whatsoever. And so by removing the clause that addressed the issue of by removing the clause that addressed how you rebuilt something that was damaged, you have a piece of legislation here. If you pass it an first reading, I would suggest and then wait until the middle of June and take it second reading, number one, you're going to have make sa many changes to it that the first reading isn't a fair first reading and number two, by the time you do finally get it passed and enacted, you're going to be very close to the final decision on a permits.. So far~.both of those reasons I strongly recommend that you decline to pass this ordinance and that instead that you make a resolution now that would be binding until such time as you're able to act on . SLIFER: Thank you, George. Any other comments? SNOWDEN: My name is Craig Snowden, local xesident. I just have some very general questions. They may be very minor and they may have already been brought up in the previous meetings. This is~the first one I've attended so I don`t know of they have been brought up before. But there were several things, very minor as they may appear to you, but to me seems to a and that is, some of the warding tries to be all encompassing and you sometimes cannot be all encompassing where it describes what geologic hazard is .and talks about expansive soils. You can ga on to a piece of property and take ten soils tests and none of them showing expansive soils, but that may be in a pocket where a portion of the house as, will the Town then go in and enforce that portion of the property because it has expansive soils? There are several things, one question I had was were the designated areas done by qualified geologists and maybe they have been. Another question is an several portions of the code you state that they wi11 be approved by the Town Engineer, Building Official or authorized representative. If you're going to have the Town Engineer or Building Official approve something you better make sure they're qualified to approve it. Or I would think VAIL TOWN COUNCIL MEETING I41AY 15 , 1.984 Page 10 your bookwork would get all messed up constantly having to ca11 in a qualified representative to oversee every little proposal that comes through the Town. The other thing that just concerns me and these things I just question whether it was put together so fast that it wasn't thorough enough and then there were half a dozen or so grammarical errors and I don't know if thoso get carried through in the ordinance or.af that's automatically corrected, so that's all my comments. SLIFER: OK, thank you Craig. Any other comments? EDWARDS: My name is Scott Edwards. I am a resident of East Vail and a member of the Vail Board of Realtors and am speaking for myself. One point on the Section that was discussed that was left out about the minor modifications. The way I read this ordinance it only covers development plans and building permits for new structures. So minor modifications is an issue in this emergency ordinance. I may sound like I'm fox this - I'm not sure. The biggest problem that I have with this ordinance as the map and under Section 4 {a) at says'"any areas identified in the geologic hazard area by either a master plan or map of the Town of Vail". I don't see that this specifically .says that this is the official map anywhere in this ordinance, I.don`t that it suggests that it is the official map: That map going the other way from what Jay went, I think when I look at it, the Ba.tetto lot in West Vail where the land slide occurred is not identified as a hazard area on that map. I just feel that the map is not the right map to start the ordinance fronr and I think that when you do have a map to start working from the ordinance should specifically point out which map it is pertaining to. The way this is written I don't see that it identif aes that . SLIFER: Thank you, Socttie. The map does have a definition at the bottom. PEROG: Members of the Council, my name is Rick Perog and I discovered for the first time this past week that I am in a hazard area and i haven't done anything to mitigate it yet. So it comes as a, I'm speaking to you personally today because obviously this thing might, many of the people in town, it affects them personally. And I guess t.here's two issues that I just want to raise and one has to do with, i think that perhaps we could address the emergency nature in and the somewhat nature of that type of mechanism in dealing with it. Hopefully that issue is going to be handled in a more low key and administrative way. I think the other thing that's important that I don't think this ordinance addresses is that I think that there is a responsibility in dealing with this issue not only to protect the people that are going to be building but also to consider the values of the people that are already here in the hazard areas. And certainly with a seven year old map.i refer to a section here on page 6 that talks about in order to remove yourself from the designated aroa an individual is required to submit a reliable technical geologic evidence to be removed and I certainly think that there's an equal responsibility for the town to demonstrate reliable technical and geologic evidence before you put people in a hazard area.' And I think a 7 year old map that's referred to an generalities by a map without the ability to look at specific support data that may or may not be outdated in 1.977 certainly, we ought to have the opportunity to review that data and be sure that it's fine. I sort of felt like the ordinance implied a sense of guilt and I was obligated to prove my innocence at my expense and we start multiplying what's the cast for each site specific survey - $2000 -- $10,000. Maybe some of that legwork needs to be done going in rather than just blanket the area and say OK, you're responsible for getting yourself out of this zone. I would like to just call i what I think is a serious shortcoming is the specifc reference to manor construction details. i don't know if Larry was in a rush VAIL TOWN COUNCIL MEETING MAY 15, 1984 Page 11 and the ordinance get the attention it needed, but I do think that this ordinance seems to imply that if you want to convert a closet into a bathroom or expand a deck, that you've got to have a site specific survey done and I think that's probably excessive. Thank you for your time. SLIFER: Thank you, Rick. Yes Peter. PATTEN: I think that T've found the missing link here. On page 2 under (a) Larry stuck an a word on the fourth line at the end, "No building permit for anew structure". The words "for a new structure" were not in previous ordinances. I think that's the whale key. What he's saying here in this emergency ordinance is this is only for new structures for 60 days and we're forgetting about the minor ones which are, what he's saying as it shouldn't be a prablein of interior modifications as well as not addressing the conforming stuff. I thank that could be the key in drafting this emergency ordinance. SLIFER: OK. Any other comments? ~RY: Members of the Council, my name is Ray Story. I very much support 'the thongs that have been said by the people tonight. I don't wish to rephrase them with the exception of again trying to caution you to sign any kind of ordinance ar legislation to date it is not appropriate and I mentioned last meeting,, none of the hazard in terms of real hazard, hard hazard, addresses manmade hazards. Paul ~Tohnston last meeting pointed out that does imply and it does on page 1., at. the end of Section 2, it says "or any manmade modifications to slope". And there's a misprint here,"may be caused significant hazard to life or property". Well, there's some manmade things other than just modification slope. And you continue to do this because you're addressing just a geologic hazard that got starred up because of rockf all. And this doesn't cover it and we're trying to tie it to maps that are not appropriate and I've been at this now for two weeks and I find out there's another map I still haven't gotten yet. And there's an implication in here that there's, if I may quote the ordinance again, "or any reliable study done by a geologist or engineer." Which one? When does the new one come up? How da T know what it is that this means? According to that map my property isn't in a hazard zone. That's erroneous, because there's a study somewhere that exists that says it is. But then when does the study occur that somebody d1d that isn't here tonight. It suddenly get incorporated and included and falls into this thing without ever on. I submit to you that the Town has at its disposalthe proper means to continue monitoring this during this interim period unta.l we can find a better way to do this. The means are av~..lable. They may lead to an agrument now and then. but that agrument still has a process to come back to the zoning division, back to the Town Council to get resolution of the dispute. And all those avenues are in place right now. And I would hope that you would allow that to happen and not get this started until we .can find a better way to do it. Thank you. SLIFER: Thank you, Ray. lick Baldwin had a comment. BALDWiN: I'm Rick Baldwin, I live in the 11th tiling. I guess I'm not in a hazard zone but I do walk in it occasionally and I'm wondering whether the Town's going to protect me from that experience too. I appreciate being protected from a geologic condition but I'm concerned how it's going to affect not only me as a may move from place to place within the Town but as I deal with the cost of me to operate and that sort of thing. I think it has a • far reaching impact on all of us that goes way beyond protecting ourselves from natuxal phenomeon and I really want to stress my concerns to the Town that they work through the method, both that Chuck and Paul eluded to and that is working through the existing facilities that we have adopt a resolution saying that we have this concern and the concern must be addressed in any building permit that goes on. But not- place inflamatory names and titles on those issues on the concern. Rather address it in a realistic and concerned fashion. Somebody asked, by the way, whether there VAIL TOWN COUNCIL MEETING MAY 15, 198 Page 12 were, if this ordinance was adopted, would it be adopted in current form and I don't think there's an answer to those questions of concerns and the rules of procedures that we follow with the Council, but far instance, on page 2 in paragraph D, at the bottom of that paragraph the last sentence says ''when any geotechnical study disturbs the suarface of the area studied, constxuction on said area is not to be instituted within three months of said study then the owner will revegetate the area and return it to the same condition that he originally had it in before the disturbance. I assume the word "and" is supposed to be after the word "study" but it would change the whole meaning of the that stipulation if it weren't there. So if you're going to pass an ordinance, is it passed in this form or is passed in the present form and when do we get in to see it when it's all written and everything? SLIFER: Before any ordinance or resolution is passed we try to correct all those and I presume that will come .up later in the discussion. BALDWIN: So then, we would be made aware of all the changes and whether those clauses that were left out were left out intentionally or not. FER: Absolutely. BALDWIN: Great, Thank you. SLIFER: Any other comments? If not, any questions or comments from the Council? ANDERSON: First of all, I'd like to thank people far ebing here tonight. I think some excellent input has been made and my earlier thought of perhaps passing this ordinance on first reading tonight has changed. I think we do realize, and.tho Council has never questioned the seriousness of this ordinance and I think we do realize that we have a dual responsibility here. We have one responsibility to the health and safety of the people and I think we have the other responsibility of not destroying the quiet enjoyment of some of this property unless we absolutely have to do that. Some certain things have come up tonight that I find very concerning and I think that the poa.nts that Ron Todd made about the enact designation of low, moderate and high areas, the conflicts within the map that I just checked, Ray, and you're right, you are not in the hazard zone on this map, the reliability of the data has thus come into question. And that's been a concern I've had from day one on this issue. Furthermore, i do believe we had asked Larry Rider {Eskwith) prior to going on vacation to provide us with a brief of the actual legal liability and position of the Town and do not have that, which is one of major reasons for us to pass this legisation. Therefore, T would suggest from my own thinking at this point in time, we still obviously have to deal with this and I think we've a long way to go before we're ready to pass the ordinance, this is the kind of ordinance that even if we pass it once and if even the first reading it suggests that somebody is in one of these areas and until we're lOQ percent sure, I think that's a grave error. Inasmuch as we have come up at least tonight with a temporary administrative way to handle this I would suggest that we direct staff to do that and that we continue to try to refine this ordinance both in the way the ordinance is written and in the reliability of the data before we bring it into a first reading. SLIFER: Any other comments? VAIL TOWN CO~JNCIL MEETING MAY 15, 1984 Page 13 ~RLICH: Well, I concur. I think whether it be resolution or whatever, obviously the map has got to be updated. I think the point is a good one. We11, basically I think in my opinion we are beyond the ordinance stage and we are working a resolution of some sort to allow some sort of process for the Town of Vail until such time as we pass on first reading an actual ordinance. There would be a couple of concerns in what the guidelines are for the process and I think the emergency ordinance basically sets out everything except we obviously have to address the two sections that Larry had omitted. But I think that when we're talking in Section 4 No. A, even though this map is obviously outdated, I think it is helpful at least to identify the gentleman that was saying what map, there could be many different maps that we should at this point talk about this map. In otherwords, if you get a project that you have to approve, you're trying to address how that references on this map and then any current information you would have that would override this map.' But T think we need a reference point for everyone on what map we're talking about. Secondly, the insertion of the word "and" when T read that I also ... Well, I'll just go through mine and maybe we can catch some of them. On page 3, section C, I think the geologist from the State Department talked about mitigate danger as opposed to eliminating danger. OK, I think that's all that I had. SLIFER; I':11 disagree with what Chuck and Gail. I think, I was on the Council merely as a member, when this hazard map was adopted and this map is not a haphazard document that was created by someone who just had three pieces of paper. There's a great deal of study that came along with the map and it documents each of those areas that are identified as hazard areas. And those studies are available in the planning commission and if anyone would like to look at them. A hazard map, when it talks about rockfall and landslide and so on, doesn't get outdated unless mi.tigatian occurs. And if you look at the area in West Vail. where we had the mudslide today wha.ch appeared, I didn't ,get very close to it, but it appeared to me very very serious, is exactly as was located on this map. And Z think it appears pretty accuxate. ~ also think that our problems are just starting. I think that the runa~f i.s gust starting, I think we're going to have the next SO - 60 days problems we haventt seen before. We're going to have water in places we haven't seen before, we're going to have racks falling in places we haven't seen before. And I personally think that an emergency exists. This ordinance only would be in place far 60 days. X don't think there would be any hardships on anyone for a 60 day pex•iod~ T don't think there are a lot of building permits out there where people want to build new buildings in hazard areas in th.e next 60 days, oar if there are I don't know about at. I don°t want it on my cansc~.ous that someone is injured ar hurt badly or worse because this Counca.l didn't act in a prudent manner. I think it is a serious problem and 1 think the study, although, done in 1977, and as someone said eari~-ex, geologists feel that thousands al years and from 1977 to 19$4 a:n geologist's minds is a tick. I think the ordinance should be adopted. CAPLAN: Far th.e record, maybe Z should ask Petex Patten to x•esearch what applications are appliod for building permits that have not/$3~~n issued, It might be o~ some interest to the Council to know that• PATTEN:i In terms of building permit applications which have not been processed at this point in time we have absolutely nothing in terms of new construction in any h.azax'd zones . Tt' s very early . SLIFER: Any other comments? VAIL TOWN COUNCIL hIEETING MAY 15, 1984 Page 14 ~ERSON SLIFER: ROSE KLINE: SLIFER: KLINE: SLIFER: Rod, T would just like to say I certainly consider the issue serious. I wouldn't disagree with you on that. I am concerned about, my only concern is that with the seriousness of the issue, I just think we have to be absolutely 100% positive that the map is as accurate as possible. Any other comments? Well, I think this ordinance is serious too, but and I also agree with most of the comments that Chuck made. I am really hesitant to approve anything this evening for a number of reasons. One is we don't have any legal advise tonight and I really think ire should have, I don't think we're totally prepared wa.th the ordinance that's written and I don't think we're totally prepared with the base information that we have in the way of maps and although I think it needs to be resolved in a manner that is presented there are certainly a lot of problems that I think just have not been addressed yet and we probably ought to go back to square one no matter haw long it takes. As far as I'm concerned you can probably ca11 for a motion and hopefully it wi11 die due to a lack of because I'm not going to make a motion to approve anything, i would make a motion. T would move that we postpone of this ordinance either in emergency ar in any other we've done a little more homework. Do you want to then table the motion, Colleen? Xes, I want to table the ordinance. Indefinitely or until a spec~.fied period of time? any consideration status until KLINE: I would suggest we table it indefinitely. My feeling is it ought to come back as soon as we're ready. WAHRLICH: Colleen, in relation to that, would you have any proposals regarding a process in the interim until we"ve actually passed an ordinance? KLINE: I don't have any objections to some and tive did discuss some directions to staff' and if anybody wanted to add an amendment to my motion, I'd be happy to consider that. ~iTSTON: I presume we've .have to wait until Counsel's back or obtain outside counsel. WAHRLICH: Well, I guess I'd get back to your initial proposal, and that was using a resolution using the emergency ordinance as the guideline. SLIFER: KLINE : SLIFER: ANDERSON Do we have a second to the motion? Well, we're discussing an amendment to that motion. Oh, OK. But we don't have a second to the motion I don't think. Peter, if we were to direct you tonight to simply use the guidelines generally as outlined in this suggested tabled motion, that would give you the guidelines you need wouldn't it? If a project comes through in a hazard area in one of those designated areas right now, that you should generally request this information from that property. We don't, that gives you what to do and how to do it, doesn't it? I mean, how would you like to see this? PEN: Well, T'd Like to see it passed, but yes, T think if the Council would make a resolution saying we're not going to pass anything but staff do it anyway, I guess that gives me clear direction. You're saying that the emergency ordinance would be my guideline .for the next days. VAIL TOWN COUNCIL MEETING MAY 15, 1984 Page 15 ~RLICH: Coupled with, I think, the fact that in the instruction that we need an update of this map. PATTEN: OK. Yes, that's goad direction to me in terms of what you directin me to da until something gets passed or addressed. I feel comforta I would at least request that direction in some type of official motion or resolution so that you are giving me clear direction so I can give the people that come in to see our staff in terms of development plans very clear direction as well. That's the importa thing, that it comes from the Council directly to us. KLINE: Well, Peter, it's my understanding that that's precisely what your doing now in a more casual way, but I will add the amendment to my motion that the staff be directed to do precisely that. SLIFER: OK, the motion is to table the ordinance indefinitely and to direct g ble, nt e the staff to give building permit applications far new structures to proceed fallowing the guidelines outlined in this ordinance. WAHRI~ICH: May I just make two real minor corrections. One was where we talk about the Community Development Department, this is on page 2, Section . 4 (a). Ok, well I think it's more the process or the procedure, that he has to work with, where we're talking about the Community Develop- ment Department, then shall have the discretion to send any report or study to the Colorado Geologic Survey for their review and recom- mendation. I think we had talked about the cast to have the Colorado Geologic Survey be analyzed be~borne by the property owner. PATTEN: Yes, I've got that. WAHRLICH: OK, I'm sorry. And the only other area and again the procedure that using this as a guideline for-the procedure that Peter's staff would be using is on page 4, Chuck this was a concern of yours when we were addressing the.~ordinance the last time. It starts actually on page 3, paragraph 1 of Section c at the very bottom. Town approval of all reports, designs and actual as built construction plans shall be required, all reports shall indicate that, and then item (d) on page 4, .design and construction will reduce danger to the public health and safety or property due to geologic hazard. I think you were concerned about the Town making that determination. ANDERSON: We11, I think if he's just using this as a processing guideline, Gail, then we're OK an that for now. WAHRLICH: OK. CAPLAN: I think if we have any problems from week to week, we will come back to the Council for clarification. ANDERSON: But I do agree, Gail, in the final ordinance, yes that is a concern. One of the things as we ga through the process on this, Peter, would it be possible to take same typical property in each kind of hazard area and have what, what are we talking about mitigation? I mean, I think, we were all up today at the West Vail mudslide and what is the cost of mitigating and how would they mitigate? I'm not sure what you do in Mill Creek Circle or if it's just improved-fo.uridat.i.ans or I guess I'd lake to have a feel for the cost of ramifications of mitigation within the various kinds of hazard zones. SLIFER: I think that's what each site specific study is for. To determine what kind. of mitigation has to be created to solve the problems and the cost related thereto. i VAIL TOWN COUNCIL MEETING PLAY 15 , 1984 Page 1.6 ~DERSON: Oh, I understand that, what T think, Rod, is what I'm saying is I would like to know that if you are going to have to mitigate a lot in Mi11 Creek Circle, this is approximately what's going to be involved in it and I thank the people then could have some idea of what we're talking about. Let me, that's just something I'd like to know. SLIFER; But that's the reason the ordinance was proposed in my opinion. ANDERSON: Oh, I know, I'm just saying it's a typical type of thing. CAPLAN: In Highland Meadows, for example, one lot we know cost almost $300,040 to mitigate and the lot next door was significantly less and the lot on the other side totally different again. So it just depends on the immediate needs. PATTEN: Tt really does vary greatly and an avalanche wall, for instance, it could, the variations are tremendous because how high it's going to be, what it's made out of , ~ERSON: OK, for example, how do you mitigate, what is the mitigatian against a mudflow? I don't know. Or debris flow? SLIFER: Well, in some cases you may not be able to mitigate it, but that's why you do the site specific study, is to determine ii there is mitigation and ii so, what it is. And I think it's impossible to put a dollar figure on it. Same with rockfal.l. PATTEN: I would agree with that. SLIFER: I thank that dawn in West Vail, I've lived here for 20 -~ years. I don't even remember water running down there. It absolutely blew me away, It's on the map, but I didn't think there was a problem and I don't know what you do to stop that I guess a lot of drainage. We have a motion, Are there any comments from the floor in regards to the motion? MAITLAND: Rod, my name is Tom Maitland. There yeas a s-~.atement made that there is, there has been no building permits issued in a hazard area and I know specifically there ~TFER: No, there are none pending right now. No one's applied for one. MAITLAND: OK. SLIFER: Any other comments? OK, if nod, we have a motion to table the ordinance indefinitely and for the staff to generally follow these guidelines in reviewing any building permits that might :apply. Any other discussion from the Council? If not, all in favor of the motion vote by saying "Aye". {Johnston, Anderson, Kline, Rose, Wahrlich responding "Aye". Opposed -- Slifer "Aye". OK, the motion carries 5 to 1.. HALLENBECK: When will you be discussing this again? CAPLAN: I think it will depend on the Tawn Attorney's ability to review it as .well as our staff's ability to update the map. JOHNSTON: The earliest would be June 5th. SLIFER: I doubt if it will be the 5th, if we have a meeting on the 5th we wall have only 4 people here because of some vacation schedules so T think that in a situation like this it will probably be the 19th. We might pass some information out before then. CROWLEY: My name's Charlie Crawley, and you've heard from me before on this. I would to think that Larry left those two sections out because he saw the error in the waves, but I'm just wandering, what are you going to be considering on June 5th or 1.9th? Wi11 you consider the original ordinance? VAIL TOWN COUNCIL i~AY 15 , 1984 Page 17 ~FER: I don't know, Chaxlie, i.t will be up to the Council to direct the staff and our attorney to draw something that the Council feels it could approve. And T don't know what that is. CROWLEY: Well, I'd just Like to urge you to consider the ramifications of those two sections that Larry left out. I think they're very - well in the replacement value. We went round and round about if your home is damaged more than 50% you're really going to have a problem. SLIFER: Thank you. I think the logical dialogue on this issue is through the Board of Realtors. I think that most people here, or a lot of you, are associated with that and we'll also stay in touch with George: and others that have been very involved and it wi11 be in the news- paper. HALLENBEC~~'f Rod, may I suggest one more time that you maybe ask for considera- tion of Ray Story's alternative to look at that between now and June 19th. SLIFER: OK. 2f there are no other comments, we will go on to the next item. next item on the agenda was the second readings of Ordinances #15 and #16, ~, ries of x984, relating to the amendments to the plan documents of the Town of Vaxl employee pension plan and the Town's Police and Fare Pension Plan. Mr. Caplan stated that there had been no change to either ordinance from first reading. Councilmember Anderson made a motion to approvo Ordinances #15 and #16 on second reading and Gouncilmember Johnston second the motion. A vote was taken and the motion passed unanimously and the ordinances were ordered published by title only. Under Citizen Participation, Ray Story asked if the Council would not consider approaching the hazard zoning issue from a different point of view. Mr. Caplan stated that the Town Attorney needed to be present to discuss any issues of hazard zoning any further and if the Attorney could figure out another approach to the issue that covered the Town's liability it would be a possibility. There was some concern discussed regarding the West Vail mudslide of this date and who would be liable for that . Story questioned whether the ordinance as written would cover the Town in case of lawsuits. Wahrlic stated that although the map as presented is not perfect, it is all the Council has t.o work with at this point in time Slifer stated that numerous documents outlining hazard areas were not exact at this time, but they are the best we have. After much discussion, Rod ended the discussion until a future meeting when the Town ~torney was present. Stan Berryman, Public Works Director, stated that a contract had been reached between the Town of Vail and Smeizer and Associates of Glenwood Springs to do advisement to the Town of site specific rockfall studies. The fee for their services is to be $6900. Vail Associates has agreed to help fund this project. The next item on the agenda was a report back on expanded taxi services in the Vail area. The Council agreed to direct Mr.. Caplan to write a letter to the PUC in support of extended transportation services in Vail. Stan Berryman reported to the Council on the mudslide of that afternoon in West Vail. Howard Rapson was reappointed to his term on the Planning and Environmental Commission. Under Town Manager's Report, Rich Caplan reported on the sod fundraising for Ford Park. Moses Gonzales, project coordinator, also reported that $13,000 had been raised from donations and another $6,000, was needed to complete the pro- ject. Gonzales was directed to cantinas the fundraising efforts and report ~ck to the Council on his progress next week. Moses was congratulated by e Council on his efforts to raise the funds. The Town Council was urged to attend the Town Clean Up Day, Saturday, May 19th.. As there was no further business the meeting was adjourned at 9;45 p.m. to Vail Village to review the street light situation. . °r' . VAIL TOWN MAY 15, 1984 Page 18 COUNCIL MEETING ATTEST; ~~:~~ Pame3:a A. Bxatid~neyer,~Town Clerk Respec~~ull.y subma.t~ed, ~~ ~ Rodney E. Slifer, ~ayor • r 4^ -/"-0 MINUTES VAIL TOWN COUNCIL SPECIAL MEETING TUESDAY, JUNE 12, 1984 2:00 p. m. A special meeting of the Vail Town Council was held on Tuesday, June 12, 1984, at 2:00 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Piiayor Paul Johnston, P1layor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Gail Wahrlich ABSENT: Hermann Staufex OTHERS PRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first issue on the agenda was the call up by the Town Council of the Vail Mountain School expansion. Kristin Pritz, Town Planner, presented ~e proposal to the Council and gave the history of the project. Gordon fierce, architect for the project, gave his presentation on the project, stating that the Mountain School was in a low risk area as far as rockfall hazards were concerned, and he felt that the plan that had been proposed would mitigate any potential rockfall hazard potention. Mayor Slifer asked if Pierce felt the school would be in any danger in case of a debris flow and was told by Pierce that the school was not in a direct flow path and that was not a concern at this time. There was much discussion following. Larry Eskwith, Town Attorney, stated that he felt the report from the engineer was very vague. Mayor Slifer reiterated to the applicant that the reason the Council was calling up the project was due to all the recent concern in that area due to the problems and activity in that area in recent months and that the Council just wanted to make sure it was the safest design for that axe a. Kent Rose stated he felt this project was in line with what Smeezer & Company would be recommending to the Council in future meetings regarding mitigation in rockf all hazard zones. Larry Eskwith requested the applicant to submit a follow-up letter to the Council clarifying concerns he outlined. Paul Johnston then made a motion to ratify the Planning and Environmental Commission's approval of the project. Chuck Anderson seconded the motion. A vote was taken and the motion passed unanimously. '" e next item on tho agenda was the first reading of Ordinance #18, Series of ~$4, an ordinance approving Special Development District #13. Larry Eskwith advised the Council that to pass an ordinance at a special meeting the vote had to either be unanimous or a total of 5, whichever was less. Peter Patten presented the ordinance to the Council, outlining the lots that were involved in the West Vail area. He stated that the code would allow for 6 units on the site with 2 employee housing units, but that the applicant was only re- questing 4 units with no employee housing units. Patten stated that he had been working with the applicant for approximately 5 months and that all other criteria had been met with the exception of the employee housing issue. Patten also stated that there was some concern over water pressure in that area and that by second reading the fire department should have a study done to determine the pressure. Patten stated that the Planning Commission did approve the project 5-0. Jahn representing the applicant, addressed the Council, stating that the applicant felt the project would be better developed without the employee housing units because it was a small project and not near the bus route. After some discussion, Councilmember Kline made a motion to approve Ordinance #18 on first reading and Kent Rose seconded th.e motion. A vote was taken and the motion passed unanimously and the ordinance was ordered published in fu11 on first reading. The second reading of the ordinance will be held on Tuesday, July 3, 1984. r~ LJ -* VAIL TOWN COUNCIL SPECIAL MEETING TUESDAY, JUNE 12, 1954 Page 2 ~1e I~@Xt item on the agenda was the f~.rst reading of Ordinance #19, Series of 1984, an ordinance rezoning Lot 3, Vail Vi.1.~.age West Fila.ng #2 from greenbelt and natural open space to two family primary/secondary. Tom Braun, Town planner, presented the ordinance to the Council. Braun stated that although the lot was presently zoned greenbelt and natural open space it does have a duplex on it at the present time and that the zoning was obviously inappropriate. He stated that this change would allow the owner to upgrade the property from its present condition. The Planning Commission had voted 5-0 in favor of the rezoning and that the Town staff had recommended approval. Mark representing the applicant, stated that it was also the desire of the owner to clean up the property and that it had plans of making it into a unit-for his use only. Mayor Slifer reflected on the history of the zoning of the lot. After some discussion Counca.lmember Anderson made a motion to approve Ordinance #19 on 'first reading and Paul Johnston seconded the motian, with the addition that the lot was to be cleared of all litter and debris prior to second reading on July 3, 1984. A vote was taken and the motion passed unanimously and the ordinance was ordered published in fu11 on first reading. Town Manager Caplan announced that Mary Caster, Secretary to .the Town Manager, own Attorney and Town Council would be resigning June 15, 1984. As there was no further business the meeting was adourned at 3:30 p.m. Respectfully submitted, Rodney R"T. Slifer, a~ror ATTEST: ,~v ~,~ ~~~'-n~rt~,ca~,~/ Pamela A.' -Fyrandmeyer, Town Clerk • ~_ L ~~ .~ MINUTES VAIL TOWN COUNCIL MEETTIdG TUESDAY, JUNE 19, 1984 7:30 P. M. A regular meeting of the Vail Town Council was held on Tuesday, June 19 , ].984 at 7 : 30 p. m. in the Council Chambers . P.iEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich OTHERS PRESENT: Richard Caplan, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk • The first issue on the agenda was a resolution accepting dedication Vail Associates, Inc. to the Town motion to approve Resolution #12, and 2 and to re-number remaining Chuck Anderson. A vote was taken passed. Resolution #12, Series of 1984, of certain parcels of land by of Vail. Paul Johnston made a as amended to exclude parcels 1 parcels, which was seconded by and the motion unanimously The next item on the agenda was the appeal of the PEC decision regarding the Concert Hall Plaza Expansion. Mayor Slifer read a letter received earlier in the day from Mr. Selby, the appelant, withdrawing his appeal. The third item was the ~r~i.st reading of Ordinance #11, Series of ].984, an ordinance setting forth provisions far the protection of the inhabitants of the Town of Vail from geological hazards. Feter Patten reviewed the language of the ordinance. There were some questions as to what was an acceptable level of safety. Larry Eskwith .indicated that "reasonable" might be used to replace "acceptable". Peter Patten informed Council that Arthur Meers has been authorized to update the hazard map. The work has begun, but it is, of course, not completed. Mr. Jay Peterson, attorney representing Lionsridge Filing 3 owners, said that the current hazard map is very much out of date. The people he represents have mitigated the danger but are still on the map as a hazard area. How will these property owners be treated under this ordinance? Will they again have to go through the whole process as defined in the ordinance, as they have already done all the studies? Ron Todd, also representing the Lionsridge Filing 3 owners, mentioned that the 1977 maps have not been adjusted to reflect mitigation and the current legislation should be based on current data. Arthur Meers, who has been hired to update the maps, has said that the 1977 maps were very preliminary, based on aerial photos. Since then, a lot of new things have been learned. Rick Pirog, a member of the Vail Board of Realtors and owner of a Bald Mountain Towf~ho.me,. said that the people affected by the ordinance should be involved. The Vail Board of Realtors has solicited the services of a zoning attorney and is very willing to work with the Council and staff on this matter. George Hallenbeck said that there seemed to be a high level of hostility toward the ordinance; no-one has come out in favor of it. We need some more input from outside sources. Diane Donovan said that the lack of people in the room was evidence that the ordinance should be passed. There is also an obligation to let non-resident owners know that hazards do exist in the area. After much general discussion, Kent-Rose made a motion to table Ordinance #11 until approximately September, when we receive updated map and that the Town Attorney be solicited to get mare input. Gail Wahrlich seconded the motion. A vote was taken and the motion passed 5-2, Mayor Slifer and Paul Johnston apposing. ' ~ . } Minutes Vail Town Council Meeting Tuesday, June 19, 1984 Page 2 Chuck Anderson made a motion to direct the Community Development Department to continue to use the guidelines of the emergency ordinance concerning hazard areas until further notice, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously. The next item on the agenda was the first reading of Ordinance #20, Series of 1984, an ordinance amending Special Development District #4 {Cascade Village). Peter Patten reviewed .t he history of Special Development District #4 and in particular the Cascade Village portion of same. The developer has had.a major study done in the past year regarding the needs of the project, which includes mare commercial space than origina~.ly approved. The Planning Commission was comfortable with the commercial space. The Planning Commission, however, did want the developer to pursue getting a left turn lane on the South Frontage Road and denied the request for 18 additional fireplaces. The developer said that the fireplaces were an extremely important selling point for a destination resort, but that woad-burning fireplaces could be replaced by gas-fired fireplaces. Some discussion started regarding the need far employee housing, which is currently provided off-site. There were some questions regarda.n.g whether or not there was sufficient parking in the project for future development, and the developer explained that the second. phase of the parking structure would start very soon. Upon completion, this will give a total of 435 covered parking spaces. The developer also outlined the con- struction which will be done during the next 2-3 years. Colleen Kline made a motion to approve Ordinance #20 on first reading and Chuck Anderson seconded the motion. A vote was taken and the motion passed unanimously and the ordinance was ordered published in fu11 on first reading. The second reading of the ordinance will be held on Tuesday, July 3, 1984. The next item on the agenda was the appeal of PEC decision an Potato Wagon. Peter Patten presented tkze appeak, saying that the Zoning Code allows for appeal of a Cummunity Development Department inter- pretation of the Zoning Code. The issue is whether ar not the proposed is outside vending. Vail Associates would lease Potato Wagons from Buck Lataurneau's company to .sell potatoes. The staff had made the determination this was an outside vend~.ng facility. After much discussion regarding the location of the wagons and haw they would be used, it seemed that there was possibly a misunder-~ standing by staff on the request. It now became clear that the wagons were only to be used at VA's currently existing food facilities such as the barbeques at Golden Peak and for this no permission was needed. Chuck Anderson made a motion to overturn the PEC decision, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously. The next item on the agenda was the appointment of a Liquor License Authority member. The term of Lew Meskimen is expiring and he has decided not to run again. The only applicant, Colleen McCarthy, was interviewed during the council's afternoon work session. Paul Johnston moved to appoing Colleen McCarthy to the Liquor License Authority, which was seconded by Colleen Kline. A vote was taken and the motion passed unanimously. The next item on the agenda was the Town Manager's report. Mayor Slifer mentioned that this was Rich Caplan's last public meeting as Town Manager. Mayor Slifer stated how much we had all appreciated Rich Caplan's efiorts over the last five years and how he was leaving behind a very qualified and dedicated staff. Rich Caplan then spoke about the goals he had when he started the Town Manager job. The first was to leave the Town with an organization s ~,~ ,~+ ~ r Minutes Vaa.1 Tawn Council Meeting Tuesday, June 19, 1984 Page 3 in better shape and the second was to leave it in better f3.nancial condition. Hard work helped accomplish bath of these goals. The Tawn Attorney had no report. As there was no furthex business the meeting was adjourned at 10:45 p. m. Respectfully submitted, Rooney E. ~.ife ~ayor ATTEST: • ~, ~ .~+J Pamela A. Brandmeyer, Town Clerk .-. ~ ~ MINUTES VAIL TOWN COUNCIL, MEETING TUESDAY, JULY 17, 1984 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 17, 1984 at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal ABSENT: Chuck Anderson OTHERS PRESENT: Bill Pyka, Assistant Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the first reading of Ord~.nance No. 14, Series of 1984, the alarm ordinance. Curt Ufkes explained that this Ordinance has been worked on for about one year and three public meetings have bee held. Much input has been received from alarm companies and merchants. One of the changes from tlae last edition is that now an audible alarm is allowed, This shoed deter break-ins or alarm neighbors. Mike McGee explained that to come up with the monthly charge of $17.75, the equipment has been amortized over a 3-year period. Gail. questioned whether the $500.00 annual cost would cover the cost of billing. It was agreed that this would. Mike then went an to explain how the system would wank. Hermann - Staufer mentioned that instead of billing on a monthly basis, it would be more cost-effective to do it quarterly. All agreed. There was a1s a question from the Council regarding the Council being the hearing board. After some discussion it was derided that the Board of Appeals should be the hearing board. Kent Rose had a question about the licensing part of the ordinance.. Should alI empl.ayees be licensed or can they work under a licensed supervisor, who does not always have to be present on ,job? This provision will be checked with the electrical licensing and similar language will be used. NIr Dave Bittner, of SCI, then spoke. He was in favor of most of the Ordinance, however, he had a lot of questions as to whether the Town had corrently estimated the cost. His thoughts were that the Town figures were very low, and that the Town would not be able to handle all the work involved. His company has presented a proposal to do monitoring to the Town of Vail and copies of this will be distributed to Council before the next xegulax meeting. Rod Fox, the consultant for the Town,, said that the SCT gentleman expressed very valid concerns, but the Town is already in the business of monitoring alarms -- approximately 200 -- free of charge. If private companies can compete with the Town doing it free of charge, they will have no problems once the Town starts charging a fee. Hermann Staufer made a motion .to adapt Ordinance No. 14, Series of 1984, with the noted changes. Paul Jahnston seconded the motion. A vote was taken and the oration passed unanimously and the Ordinance was ordered published in full on first reading with the noted changes. The second reading of the Ordinance will be held on Tuesday, August 7, 1.384. The second item on the agenda was Ordinance No. 21., Series of ]..984, a resubdivision of lots 2 and 3, Cliffside Subdivision, first reading. Peter Patten explained that five public hearings had been held in the past regarding the rezoning of lots 4 and 5 of the subdivision. Lots 2 and 3 are presently zoned residential cluster, It was never the intent to zone them multi-family. Lot Z is already built on -- single family residence. The rezoning of fats 2 and 3 would permit the owner of lot 3 to build a single family residence, without all the restrictions currently on the lot because of the residential cluster zoning. Paul Johnston made a motion to adopt Ordinance ~~ Minutes Vail Town Council Meeting Tuesday, July 17, 1984 Page 2 No. 21, Series of x.984, on first reading and Colleen Kline seconded the motion. A vote was taken and the motion passed unanimously. The Ordinance was ordered published in full on first reading. The second readong of the ordinance will be held on Tuesday, August 7, 1984. The next item on the agenda was Citizen Participation. The first speaker was Al Weiss who wanted to air his concerns regarding the Oldenburg sculpture. He feels that the indecision on the sculpture has cost the tax payers quite a bit of money. He wants a special election to decide the fate of the sculpture. The people of Vail should determine whether or not they want-the fishing pole. He also wants a full disclosure to date on costs, and would like to know who are members of the private interest group funding the sculpture. Also wanted to know whether the Council was unanimous in the decision to circumvent or look for legal loopholes of having someone else decide (Lionshead property owners). . Bob Irwin, owner of lot I., block 1, Li:onshead next speaker He had very strong feelings a art" in the Town of Vail, especi.al.ly since he his bedroom. He seconded the feelings of Mr. special election. Mr. Gunther Hoffler, a neighbor of hZr. Irwin, against the sculpture. 6th, filing, was the gout not wanting "pop has to look at it from Weiss regarding the is also very much Rodney Slifer told Mr. Weiss that the cost to date will be made available; the members of private group will be made know. Larry Eskwith said that a decision on an election is up to Council. Rodney Slifer said that the Council is going along with a majority of the property owners in the filing. Dan Corcoran asked whether art is subject to DRB approval. Larry Eskwith answered by saying that approximately one year ago it was discussed whether DRB covered art. It was then decided that it does not, but -art does have to meet building codes. Hermann Staufer said that the Council has to make a decision, one way or another., somewhere along the line. The next person in citizen partica.pation was Rosie Wilt of the • Eagle Valley Arts Council, who made a presentation for Childress Art in Public Places. A large file mural, to be placed on the wall of the bus shelter on the Town side of the Vail parking structure, representing drawings on the history of the Vail. Valley made by local children, was presented. It is being funded by grants received. Gail Wahrlich-Lowenthal questioned art like this in the bus shelter. Representatives from Eagle Valley Arts Council will hang the drawing on the wall of the bus shelter and take a picture of it to show Council what it will look like when in place. However, Council decision not dependent on that. Paul Johnston made a motion to accept the art work as presented. Seconded by Kent Rose. A vote was taken and the art was accepted 5--1. Gail Wahrlich.-Lowenthal apposing. The seat agenda item was the use of Council Chambers and Conference Roams far elections on September 11 and November 6, 1984. Pam Brandmeyer made the request on behalf of the Eagle County Clerk and Recorder. Some discussion following, including the problem of parking if all four precincts will be voting in one location. It was agreed that town employees could park in the parking structure on election day, leaving the parking lots free for voters. Also, the Town Council meetings could start at 8:00 p.m, to leave time . to clear the council chambers. r y ~r Minutes Vail Town Council Meeting Tuesday , ~Tuly 17 , 1984 Page 8 The next item on the agenda was an updated informational report on Highland Meadows by Stan Bexryman. The Town had a public meeting and mailed out questionnaires to get feed--back from owners, It's now up to the owners to get study done. The Town Manager had no report. The Town Attorney had no report. As there was no further business the meeting was adjourned at 9;20 p.m Respectfully submitted, ~~~ ~ • R ey E. ~`1~fer a~~6r~ ATTEST: ( U P~me a A.~Brandmeye Town Clerk • !: MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, AUGUST 7, 1984 . 7:30 P.M. A regular meeting of the Vail Town Council was .held on Tuesday, August 7, 1984 at 7:30 p.m. in the Council Chambers. ME&IBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal OTHERS PRESENT: Bill Pyka, Assistant Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the second reading of Ordinance #14, the Alarm Ordinance. Dick Duran said that all the requested changes • hd been made. Gail Wahrlich noted that the effective date of the ordinance should be 5 days from the date of publication. Dave Bittner of SCI then spoke at length regarding the changes he would like t0 See in the ordinance, He presented a rrxarked up copy of the ordinance. _It was obvious that he had spent a lot of time reviewing the ordinance. Hermann Staufer recommended that passing on second reading be delayed to consider these changes. He also recommended that Dick Duran contact Mr. Bittner to discuss the recommended changes. .Larry Eskwith wanted to know if we wanted stoff rebuttal before making any changes. Hermann Staufer made a motion that the ordinance be tabled. Colleen Kline seconded the motion. A vote was taken and the motion passed unanimously. The second reading of the ordinance will be held on Tuesday, August 21, 19 84 . The second item on the agenda was the second reading of Ordinance #21, Series of 1984, regarding the rezoning of lots 2 and 3 of the Cliffside Subdivision. Peter Patten explained that this was a second reading without any changes from the first reading. The Planning Commission has recommended approval. Rod Slifer made a motion to adopt Ordinance #21, Series of 1984, on second reading, which was seconded by Paul Johnston. A vote was taken and the motion • passed unanimously and the ordinance was ordered published in full on second reading. The next item was Resolution #14, Series of 1984, a resolution designating the Town of Vail Fire Department as the emergency responsor fr hazardous substance incidents within the Town of Vail. Mike McGee explained that each town in the State of Colorado must now have an authority responsible for hazardous substance incidents. In our case, the Interstate Highway would remain the responsibility of the State Patrol. Paul Johnston wanted to know whether there will be any special training required. Mike I14cGee explained that this is an on-going program. Hermann Staufer made a motion to approve Resolution #14, Series of 1984. Gail Wahrlich-Lowenthal seconded the motion. A vote was taken and the motion passed unanimously. The next item was the first reading of Ordinance #22, Series of 1984, correcting a clerical error in Ordinance No. 20, Series of 1984. Peter Patten explained that this ordinance was correcting a typographical error in Ordinance #20. There were no questions, and Gail Wahrlich--Lowenthal moved that the Ordinance be adopted, . which was seconded by Redney Slifer. A vote was taken and the motion passed unanimously. The second reading of the ordinance wi11 be held on Tuesday, August 21, 1984. k Minutes Vail Town Council Meeting Tuesday, August 7, 1984 • Page 2 The next item was Resolution 1.5, a resolution approving a contract modification order dated July 18, 1984, which modifies a contract between B&B Excavating and the State Highway Department and increasing the cost of the project by $52,666.45. Bill Pyka explained the negotiation regarding the widening of the main Vail interchange. The original contract was open-ended. The State has managed to firm up the bid at $52,666,45. Bill Andrews explained that this is for the additional cost of widening the underpass. Also, there were somo items for widening some of the turns. The $52,666.45 is a maximum number. Paul Johnston asked about the timetable. Bill Andrews said that they are to start at the end of this week and the work will last about 3 weeks. Roger Tilkemeier, a citizen, asked about a tube for other utilities in case there is development on the north side of the underpass. Paul Johnston said that the State Highway Department has proposed this repair. Any other addition would take an engineering study and might cancel all the improvements this year. Hermann Staufer made a motion to approve :Resolution #15, • Series of 1984, which was seconded by Gail Wahrlich~-Lowenthal. A vote was taken and the Resolution was unanimously approved. The next item was Citizen Farti.cipation. Kim Morten, a 12-year old, and Whitney Bartlett, an 11-year old, presented their petition with 250 signatures, to get the bus service hours extended, as it is very difficult for young people and people without cars, to get around early and late in the day. They found that most people would be willing to pay some charge for this extra service. Rod Slifer exaplined that this will be looked at by Public Works and the Transportation Dept.. Gail Wah~rlich-Lowenthal said that if nothing can be done, it is not because the council doesn't want to do anything, but because it may be impossible. The next Citizen Participation speaker was Roger Tilkemeier, who wanted some response to his letters of JuJ,y 23 and 24, regarding the sleigh rides and the stables. Gail Wahrlich-Lowenthal said that the slighrides are a very good experience. Kent Rose said there are a lot of concerns to be addressed. Paul Johnston mentioned that we would also have to address covenants and restrictions. r.~Iaybe have the Recreation Department come up with a proposal. Mr. Tilkemeier said that these facilities should be owned by the Town of Vail , not by an individual, ,just like the tonnis courts, sports fields, etc. Chuck Anderson would like to keep the sleighrides on the golf course. Hermann Staufer would like to keep the stables going even if there is development up there, but we have no way to do that since we don't own the ].and. Colleen Kline said that both the stables and the slea.gh- rides should exist, and a decision on where they are to be located should be made. Roger Tilkemeier asked when would be a good time for the council to visit the stables site. Tt should be done before September 1. Next, Rodney Slifer talked about a letter from Stanford Schewel, the attorney for Claus Oldenburg, which officially terminates the project. Bill Pyka is to find out whether the grant can be continued or whether we will now lose it. Some action has to be taken on the letter, Hermann Staufer made a motion to accept the cancellation by Mx. Schewel. Colleen Kline seconded the motion. Gail Wahrlich- Lowenthal moved that we go ahead and respond to Mr. Schewel's letter accepting the proposal that the contract is being terminated, with also noting that his mention of there being no way to change the status of the land is incorrect. Chuck Anderson seconded this motion, saying that it is very impart ant to mention this because of the publicity it might receive. A vote was taken and the motion passed 4-3, with Colleen Kline, Hermann Staufer and Gail. Wahrlich-Lowenthal opposed. ,~ Minutes Vail Town Council. Meeting Tuesday, August 7, ].9 $4 Page 3 Colleen Kline asked why the steps at the Town of Vail parking structure are in such bad shape or blocked off at this time of year. Bill Pyka will respond back. The next item on the agenda was the consideration of two easement requests from Holy Cross Electric. Larry Eskwith explained that one of the easements was discussed by council about one month aga, with less precise legal description and is now being submitted with better legal description. Bill Andrews explained that the second easement is for the main transmission line through Bighorn. There was some discrepancy between the legal description end the map on this second one and Bill Andrews will make sure we ha~re the correct legals. Rod Slifer made a motion to approve the easements, with the Town Attorney reviewing the legal descriptions. The motion was seconded by Gail tiVahrlich-Lowenthal. A vote was taken and the easements were unanimously approved. Next was the Town Manager report. F3i11 Pyka then presented his 6-month financial repast: A number of expenses incurred because of the mud slides may be covered by Federal funds. The economic activity of the Town seems very solid. Real Estate Transfer Tax is doing well. Regarding expenditures, many departments are on target, however, the b.iggestproblem is with Public Works. They could be $104,000 over budget through end of year. The problems are slides and snow removal. Also, the utilities for the fountain by the Mountain Haus are increasing to approximately X50,000. Bill Pyka will contact all departments to let them know how they can be cutting their expenses. The Town Attorney had no report. As there was na further business the meeting was adjourned at 10:00 p. m. ATTk~-~T --~ -- ~~ Pame1~_A. Brandmeyer, ~Cown Clerk Respectfully submitted, .- f Rodney Er/Slifer, ~a or U P.4INUTES VAIL TOWN COUNCIL MEETING TUESDAY, AUGUST 21, 198 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 21, 1984 at 7:30 p.m. an the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul ~'ohnston, Mayor Pro~Tem Chuck Anderson Kent Rose Colleen Kline Hermann St auf er ABSENT: Gail Wahrlich-Lowenthal OTHERS PRESENT: Bi11 Pyka, Assistant Town r,~ianager Larry Eskwith, Town Attorney Pam Bxandmeyer, Town Clerk The first item on the agenda was a request to amend Ordinance 30, • Series of 1977, to increase the number of units allowed to be con- structed at 770 Potato Patch from 30 units plus one employee unit to 36 units plus one employee unit. Kristen Pritz made a presentation, explaining the request. zt was originally zoned allowa.ng 117 units. In 1977 the property was reviewed and the number of units designated at 30. She explained the approved and proposed site plans. The GRFA for revised proposal is below th.e approved proposal. The new proposal has two additional surface parking areas and a partially covered area, as opposed to fully covered parking in the original plan. The approval of the proposal is really a policy issue in as far as density increases are concerned. The Staff position is that decisions should reflect Town Council policy. The Council could ask for certain trade-offs to increase the number of units or look at things on a case~to-case basis. The staff feels that the proposal should not be approved. Kristen then reviewed the PEC meeting where it was approved 4-1 on the improved site plan. Peter Jamar of Berridge & Assoc, landscape architects, was there representing th.e owner. Also present representing the owner were Buff Arnold and Mire Lauterbach), Peter showed and explained the model, showing what is currently built and what is proposed. He explained that the reason they are present is that they are trying to find a solution to the problem that the project is half completed, which does not make sense, either economically or physically. In 1977, it was zoned for 117 units, which. is not reasonable. A number of 30 was arrived at. The MDMF zoned the number of dwelling units that could be built to 06, and we are not asking for rezoning or upzoning. Peter mentioned some of the things that wore said in 1977 regarding the rezoning. At that time it was said to be an ongoing process. This request would increase the number of people in the Town by four. Peter then reviewed the sate plan. The site coverage of the buildings has been reduced, opening up substantial area of usable amenities space. The view from the valley will be the same because of peripheral lan d scaping. The area along Potato Patch. Drive will also be landscaped. The approved GRFA will be reduced by approximately 1,700 sf. The new access is endorsed by Public tiVorks and the FireDepartment. The parking solution of having some spaces in an earth-covered structure, has been successfully used before. The possible negative impacts are how sax additional units will require 12 parking spaces. That has been solved. The other one is the two additional bedrooms which means 4 more people. Peter felt that the positive benefits of the plan far outweigh the negative. Buff Arnold, the architect on the project, reviewed the project. He was hired by the developer to develop the second phase with units that would be salable and marketable. Rodney Slifer said that we had received several letters, both opposing and in favor of • the project.Colleen questioned whether the total number of units was 36 units plus employee unit. Peter Patten said that the total number is 37. The zoning, when the property was purchased, was 30 plus one. "M Paul Johnston wanted to know how many similar situations Peter knew of where upzoning or rezoning similar to this might be requested. Peter handed out a list of projects, with the number of units. Rodney Slifer then opened the subject to public discussion. George Boger, owner of Lots 5 and 6, Block 1, Potato Patch, was the first speaker. He said that the proposal far Phase II has some attractive aspects; the property wall. be improved, less square footage, only 2 additional units, etc. He did not believe that the smaller units would be easier .to sell because of th.e current inventory. Ii the project is allowed to go ahead, there must be some assurances that project will be completed. Diane Donovan said that the project was good fox the neighborhood and the criteria in the motion do not make it precedent-setting. Paul Johnston made a motion to deny Ordinance 24, which was seconded by Colleen Kline. A vote was taken and the motion passed 5~0, with Chuck Anderson abstaining.. The next item on the agenda eras the second reading of Ordinance No, 14, Series of 1984, the Alarm Ordinance, Ken Hughey explained that the Police and Fire Departments encourage adoption of this ordinance. At work session, some changes were recommended, which have now been made. Dave Bittner of SCI thinks the Town should get out of the alarm monitoring business.and would like comments from the Town Council. Kent Rose said that SCI is doing abetter job than anyone has ever done before, but most people still want the Town to stay in the business. Dave Bi.ttner then mentioned that the numbers put together by the Town don't look. right. Rodney. said that if the numbers are not right, we w,l1 be back. here soon, lUlke Cacioppo wanted to know if the Town had received a lot of complaints about local monitoring companies. Dick Duran sand that he had received a few complaints but the Police Department does not necessarily investigate the Validity of the complaints, Mike Cacioppo then said that he had received tremendous service from local company and that the government should not get competitive-with private enterprise. Paul Johnston moved to adopt Ordinance No. 14, Series of 1984 on second reading, which was seconded by Kent Rose. A vote-was taken and the motion passed unanimously and-the ordinance was ordered published in full on second reading. The next item on the agenda was the presentation of the Booth Falls rockfall study. 147r. Nicholas Lampix~is of Schmueser & Co. made a presentation regarding the mitigation of xockfall, His, recommendation is a trench. The cost will be approximately $3,000$5,000 the first two or three years, and $1,000.-$3,.000 after that. He is very confident that this sytem will work when it is in palce. It will cost about $845,000 to construct the entire trench and a financial solution is to be worked out with the owners. George Hallenbeck would like to sit down with council to discuss all possibilities of how to do this project. Chuck Anderson wanted to know if it is possible to get 100% insurance coverage with this mitigation, Mr, Lampiris said it w.as. Rodney Slifer said that the Council will try to come up with possible alternatives to financing, A special improvement district might be the way to go. The proposed berm will be 120' from top to top. The next item on the agenda was second reading of Ordinance No,.22, Series of 1984, correcting a clera:cal error in Ordinance #20 .. There was no discussion and Hermann Staufer moved to approve Ordinance No. 22 on second reading, which. was seconded by Paul Johnston. A vote was taken and the motion passed unanimously and th.e ordinance was ordered published by title only an second reading. The next item was the first reading of Ordinance No. 23, Series of 1984. Larry Eskwith explained that the purpose of the ordinance is to relieve the Town of the obligation to sue in case of non-payment of real estate transfer taxes. These taxes would be certified to the County Trasurer and be collected in~the same manner as delinquent general taxes on property. Paul Johnston moved to approve Ordinance No. 23, Series of 1984, on fa,rst reading, which was seconded by Hermann Staufer. A vote was taken-and the motion passed unanimously and the ordinance was ordered published in full on first reading. The second reading of the ordinance will be held an Tuesday, September 4, 1984. The next item was Resolution #16, which asks for designation of Eagle County and the towns therein as a major disaster area. Larry Eskwith explained that the reason for the ordinance is that the Federal government failed to declare the county a disaster area. This resolution will show that we do have serious damage and serious problems and might make us eligible for federal disaster aid. For private residences; there is SBA aid available.. Chuck Anderson moved to approve Resolution #16, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously. The next item on the agenda was the first reading of Ordinance #25, the Lionshead Mall bond issue. Paul Johnston moved that this ordinance be tabled, which. was seconded by Chuck Anderson, A vote was taken and the motion passed unanimously. The next item on the agenda was a request by Vail Associates, Tnc. for town participation in weather modification. program for Vail Mountain. Joe Macy of Vail Associates made a~presentata~on regarding the weather modification program. The cost will be $25,586, of which 'the Town is requested to pay one half. The Town and Vail Associates have been working together on this program since 1976/77. This year, if we~stop the work., we get a 40% reduction. We are looking for a 15% increase in snowfall. The program is for three months only, November, December and January. Last year we spent about $22,000 even though we suspended December 15. Paul Johnston • motioned to participate in the weather modification program, which was seconded by Colleen Kline. The motion was voted on and passed unanimously. The next item was Citizen participat.i.on, where Roger Tilkemeier once again presented his concerns regarding continuing the sleigh rides in the Town of Vail. This request goes back to 'February 1984. There was some discussion regarding the location of the rides and the necessary food service facilities, and Rodney Slifer then told Mr. Tilkemeier that this should really be h andled by the Recreation Department and for him to contact them. The following item was consideration of an easement, request from Vail Associates, Ync. far the Westin Ho Trail. Joe Macy made a presentation regarding the Westin Ho Trail. They will need an easement across a piece of Town of Vail land above the Chevron station. Andy Norris said that this has been reviewed a year ago with planning and Council.. Kent Rose motioned that the easement be granted, which was seconded by-Hermann Staufer. A vote was taken and the motion passed unanimously, with the condition that the legal description be verified by Bill Andrews. • The next item was the appointment of a PEC member. A vote was taken and Jere Walters was elected on second ballot. The final thing was .the report by Bill Pyka, Assistant Town Manager, on the National Endowment o~ the Arts money. We will have to go through the process with anew proposal. Rodney Slifer said that we are still interested in th.e grant and should get some advise on how to handle the next project better than the last one. The Town Attorney had no report, As there was no further business, th.e meeting was adjourned at 11:00 p.m. Respectfully submitted, ~ .. o ~ ~ _ Ro~d~ey E. /lifer, ~ay-or ATTEST ~.. ~ ~• ~~J Pamela A. Brandmeyer, Town Clerk .~ MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, SEPTEMBER 4, 1954 7:30 P.bI. A regular meeting of the Vail Town Council was held on Tuesday, September 4, 1984 at 7:30 p.m. in the Council Chambers. 114E11~BERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Stauffer Gail Wahrlich-Lowenthal OTIiERS PRESENT: Bill Pyka, Assistant Town Manager Larry Eskwith, Town Attorney Pant Brandmeyer, Town Clerk The first item on the agenda was the second reading of Ordinance No. 23, an ordinance amending Chapter 3.48.130, Paragraph C, of the Municipal Code of the Town of Vail to provide for certification of delinquent land transfer taxes to th.e County Treasurer and for the extension of such delinquencies upon the real property tax ro11s of the county and the collection of such delinquent fees in the same manner as delinquent general taxes levied upon such property. Larry Eskwith went over the ordinance again and explained that this will make the collection of Real Estate Transfer Taxes easier for the Town. Gail Wahrlich-I.,owenthal made a motion to adopt Ordinance No. 23, Series of 1984, on second reading, which was seconded. by Hermann Staufer. A vote was taken and the motion passed unanimously. The ordinance was ordered published by title only on second reading. The second Item on the agenda was a resolution honoring Glen Ellison for his work on the Ford Park softball fields. Rodney Slifer read the resolution and Glen thanked the town. Chuck Anderson moved to approve the resolution, which was unanimously approved. The next item on the agenda was the first reading of Ordinance No. 25, Series of 1984, an ordinance authorizing the issuance of Town of Vail, Colorado, Lionshead Improvement District Special Assessment Bonds, dated October 1, 1984, in the aggregate principal amount of $955,fl00, for the purpose of defraying the cost of constructing and installing improvements to the Lionshead Mall and surrounding areas; prescribing the form of the bonds; providing for the payment of the bonds and interest thereon; and making provision for other matters relating thereto. Bill Pyka explained the purpose of the bonds to finite part of the Lionshead Mall project. Linda Clark of Boettcher & Co, was present to answer any questions. She also mentioned three changes in the ordinance, which were noted. The bonds will be marketed sometime next week and we will have interest rates at second reading. The rate should be approximately X1,2%. Linda Clark then went on to explain the bond process. Hermann Staufer made a motion to adopt Ordinance No. 25 on first reading, which was seconded by Paul Johnston, with the changes as noted. A vote was taken and the motion passed unanimously and the ordinance was- ordered published in full, The next item was the first reading of Ordinance No. 27, Series of 1.954, an Ordinance repealing and ?reenacting Ordinance No. 26, Series of 1981, which created Special Development District ].1 (,Highland Park.) to enable the special development district to be split into two different areas, each of which contains its own development plan. Peter Patten explained that the request is to redesign SDD#11 (Highland Park Sub- division) which was created in 1981. After annexation, a plan was approved for one lot consisting of 1.7 duplex structures. A building permit was given in early 1982 for 12 townhomes (6 structures}, There is now anew proposal for the remainder of the property, which was to be developed in the same manner. The applicant wishes to ga back to 11 duplex sites. There are two parts to the request: an amendment to the Special Development Distract plan and for creating 11 lots where only one existed. The staff feels that at meets all the criteria for Tuesday, September 4, 1984 page 2 LJ a major subdivision. One of the problems on the site is underground water. Drainage is therefore very important. The circulation system has been redesigned and should prove adequate. The proposal is for 5,000 square feet per duplex envelope. There are designated building envelopes due to the drainage problem, The staff feels comfortable with the proposed GRFA. Same conditions of approval are that upon approval of the final plat, the subdivision plat be signed off and be ready to record; that environmental impact report be adopted as development plan and msut be complied with; it is the developer's responsibility that purchasers of Tots are aware of environmental impact report and the compliance; and that completion of all drains, etc. shall be required before any building permits can be issued. Also, adequate fire flow should be available and compliance with the letter of recommendation from Upper Eagle Valley Water and Sanitation District regarding individual lot hook-ups for sewer and water. Kathy Warren, representing the applicant as the architect, spoke next. She explained the SDD#11 history and the process for developing this new plan. Hermann Staufer wanted the fact that the building envelopes are requires be added to the ordinance. Paul Johnston moved to approved the ordinance on first reading with the changes proposed by Hermann Staufer on page 4, specifically mentioning the building envelopes and in the third Whereas, the Ward "positive" should be changed to "zmproved". The motion was seconded by Heimann Staufer and a vote was- taken and the motion passed 6-l, with Dent Rose opposing. The next item on the agenda was a request for exterior alteration to remodel the A&D Building, Rodney Slifer explained that this has been approved at Flanning Commission and the council had some questions and reservations on this approval, The Council can make any of the following decision: it can let the Planning Commission decision stand, change it in any way, or deny the plan. Peter Patten explained the request. 1. A request far exterior alteration to remodel the A$iD Building, and 2. to remove the existing two condominiums on the second floor of the building. The remodel is on all four sides of the building. There would be a dining deck for the deli on the Mill Creek side of the~~building,and new commercial space. On Gore Creek Drive, there would be a reduction of the real estate office frontage, moxe of a retail type environment. Upstairs would be a restaurant, a new real estate office and an existing real estate office. On the third floor, there would be approximately 2,160 square feet of condo space. Peter then discussed the Urban Design Guidelines. The staff feels that the proosal does not comply with the purpose of the Commercial Core section for the following reasons: pedestrianization, vehicle penetration, streetscape framework (patio at Deli}, street enclosure (how high is building in relation to the street}, and street edge. The existing building is not the perfect frontage :for Bridge Street, but we do have to stock to the criteria. The staff therefore recommends denial. Buf Arnold made a presentation on behalf of the applicant. He presented a model of the project and surrounding buildings and explained the project and the process they have gone through to get to this point. The building ownd.d by Otto Stork was not avallable to be included in the proposal. Buff feels that the project is a quality one and the developers are very committed to improving Vail. About 42% of the Deli patio will remain but will not be patio. Kent Rase was concerned about the placing of the trash if the compactor group solution did not work out. Fred Butler, representing Otta Stork spoke next regarding the legal problems involved in the plan. Steven Tinkler, the attorney representing A&D Enterprises, answered some of Mr. Butler's comments, saying that Otto Stork has none of the rights mentioned. He also questioned the petition, containing about 100 signatures, which was presented to Council, which has signatures of people who do not want to lose the patio, The next person to speak was Fitzhugh Scott, who said that he was involved in the project about 20 years ago. He regrets the Loss of the open space. He believes the patio is being well used. He would like to suggest that some steps be taken to move Mill Creek to the east, which would allow much greater freedom to the developer. Pepi Gramshammer said that the patios are all very important. Rodney Slifer than reiterated all the choices: denial, approval or changes. Chuck Anderson asked Buff if it would help if Tuesday, September d, 1984 Page 3 i P~Iill Creek were moved. The Council members then have their opinions. They were all very much. in favor of the remodel but felt that the patio should stay. Council then recessed for approximately 10 minutes. Ted Vandersood, the project manager for A&D, spoke next. He thought that tabling the project seems like a good idea now. .They do intend to keep a deli and thought that increasing the patio space at the creek area was the goad way to go. Buff Arnold t~aestioned the process if the project should be tabled. Peter Patten said~.'~:that we need an updated set of plan for review. Kent Rose moved to table and send back to Planning Commission, which was seconded by Paul Johnston. A vote was taken and the motion passed unanimously. The next item on the agenda was Citizen Participation. brad Quayle, a resident of Bellflower Road spoke about the problem of speeding cars down that street and the residents' wish. to have speed dips installed. Rodney Slifer asked Stan Berryman and the Police Dept. to investigate the problem and report back to Council. There were no Town i~Ianager and Town Attorney reports. i As there was no further business, the meeting was adjourned at 11:00 p.m. Respectfully submitted, ,~ Rodney E. Sliifer, M ~ror ATTES~r Pamela _.A~,. Bx~andmeyer ,~ Town Clerk i •r;. MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, SEPTEMBER 18, 19$4 7:30 P . PSI . A regular meeting of the Vail Town Council was held on Tuesday, Setember 18, 1984 at 7:30 p.m. in the Council. Chambers. NIEI1+fBERS PP~ESENT: Rodney E. Slifer, 14~layor Paul Johnston, Mayor Pro-Tem C1~.uck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal • OTHERS PRESENT: Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk The first item on the agenda was the presentation of a silver belt buckle to Han~Lovato fox h.is ten year's serva.ce with the Town of Vail. Ron Phillips made a speech honoring Hank; Stan Berryman thanked Hank for all h.as years work; and Pete Burnett said it was an honor having Hank in the Public Works Department. The next item was the second reading of Ordinance No. 25, Series of 1.984, anordinance authorizing the issuance of Town of Vail, Colorado, Lionshead Improvement District Special Assessment bonds, dated October 1, 1984, in the aggregate principal amount of $955,000. Ball Pyka explained the bond a.ssuance. Linda Clark from Boettcher passed out a sheet with proposed interest rates. SID bonds are all due in 10 years. Approximately 1/10 wall become due each year. The rate starts out at 8% in 1985-and goes up to 11% in 1994. The bonds, almost without exception, go to ai.ndivduals. There were no questions- and Paul Johnston m.~.de a motion to adopt Ordinance No. 25 on second reada:ng, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously. The third item an the agenda was the second reading of Ordinance No. 27, Series of 1984, an ordinance repealing and reenacting Ordinance No. 26, Series of 1981, which created SDD11 (.highland Park) to enable the SDD to be split into two different areas, each of which contains its own development plan. Peter Patten explained how the ordinance would spla.t the SDD into two different areas; one with the existing 12 townhomes and the other for 11 duplex sites. Peter Patten sand that both Staff and Planning Commission recommend approval. Tf passed, it will still have to go back. to Planning Commission for final plat approval. There. were no further questions. Chuck Anderson made a motion to adopt Ordinance No. 26, Series of 198q, an second reading. Paul Johnston seconded the motion and a vote was taken. The motion passed 6-1, with Kent Rose opposing. The next item on the agenda was the first reading of Ordinance No. 26, Series of 1984, an ordinance amending Section 8.24.060 of the Vail Municipal Code providing a simplified procedure for the issuance of an amplified sound permit in situations where the amplified sound shall not be played during a pera.od wh..ch a.s an excess of four consecutive days. Bi11 Pyka explained that the purpose of this ordinance is to simplify the procedure for getting an amplified sound permit. At present, many persons or organizations do not apply for a permit early enough to allow a public hearing. This ordinance would do away with the public hearing in cases where the sound would be less than 4 days, and allow the Town I4lanager to ~.ssue a permit without a hearing. Rod Slifer explained that we were just simplif ing the procedure. Since there were no further questions, Hermann ~taufer made a motion to adopt Ordinance No. 26, Series of 1984, on first reading, which was seconded by Colleen Kline. A vote was taken and the motion passed unanimously. Second reading will be pctober 2. The next item on the agenda was the report by the Vail Parking Structures Advisory Committee. Stan Berryman went over the report and some of the background of the committee and their purpose. The report made the following recommendations: 1. The elimination of September l8, 1984 Page 2 LJ parka.ng along the Frontage Road when only the Village structure is full; 2. Better signage; 3. I--70 signage to divert traffic .away from 4-way; 4. Vail's Traveler's Information radio messages change; 5. Continue to use commercial radio; 6, Change policy on season parking passes and coupons; 7. Change policy on charter bus and RV day parking; 8. Change loading zones at Village parking structure; and 9. Change current parking rates. The committee wants-better utilization of the parking structures by diverting traffic .into the Lionshead structure. They are trying to do this by increasing pass cost in the Village structure. The proposal is to increase the cost of season passes to $350 valid far both structures and $1.50 for a pass for Lionshead only. Parking coupons would be valid only in Lionshead. Chuck Anderson then spoke to clarify some comments previously made and reported anthe local media. He said these comments were nat correct. Dan Mulrooney, the owner of Bart & Yeti's spoke on behalf of the Lionshead retail owners. He said that the retail people and restaurant owners had been meeting and talking for the last week. They feel. this is just another way of saying put the tourist uptown and the local, without any money to spend, in Lionshead. It is putting the conomic burden an the Lionshead merchants. They agree with recommendations 1 through 5. Recommendation 6 they clearly disagree with; no. 7 they disagree with also. Charter busses bring more people. Mike Rose explained that the buses can drop off anywhere but have to park in the Village. Kent Rose explained that he was on the committee and on the 50-~ days that the Village structure filled and there were cars on the Frontage Road, the Lionshead parking structure had somewhere between 400-450 spaces not utilized. Chuck Anderson wanted to know how they felt about recommendation no. 9. Dan said that they wexe not concerned about the increases. We should be able to distribute the local. and the tourist more evenly. Paul Johnston said there are many second home owners who will also use coupons and passes. Hermann Staufer said that they look at the Village anti Lionshead. as one unit and they are trying to resolve the problem. There have been many complaints in the Village about the expensive parking. Lisa Sauer of Montaneros said that some of the recommendations are detrimental to both areas. If town employees have to depend on the bus service, there have to be some changes, Montaneros has a problem with bus drop--offs -- it takes only 2-3 minutes for the polac~ come to warn. a bus dropping people off. She wanted to know why buses could not also park a.n Lionshead. Travor Bradway said that nobody is in favor of recom- mendation no. 6. The Lianshead folks don't want the workers and the Village employees don't want to ride the bus back and. forth. Why should the tourist always be more important then the employee. Rick Richards from Cyrano's has concerns about .safety. Some employees do not get off until aftex 3:00 a.m. .They cannot take the bus to Lionshead and wall have to hike, which is a safety problem. Also, it is financially discriminatory and penalizes people in a lower income bracket. Chuck Anderson wanted to know whether most people use passes or coupons. Rack said that most use coupons. Bill Walto agreed with most of the recommendations made and da.sagrees with recommendation 6. This is discriminatory against employees in the Town. Al Knoblock, who is a resident of Wall Street, was worried about living in the Village and having to park an Lionshead. Residents of condominiums without parking in the Village need a place to park. He would like no. 6 reconsidered. If the rates are to be changed, make it $350 in both places. Frank Caroselli wanted to know if there was a minority report considered. Stan Berryman said that Bruce Timson disagreed with no. 6. Mr. Caroselli went on to say that no thought has been given to the fact that Vail is also a business community. The workers are our ambassadors. If there as discrimination against the workers, they may feel like doing .something to the visitors. Gaggi Hofman, the owner of the General Store in Lionshead and the Rucksack in the Village feels that Village people should not be forced to park in Lionshead. She does not want to see the coupon book in the village go away. Kevin Clair, the owner of Sweet B.aNal, said that pexhaps we should lower the price o~ parking in Lionshead, Also, the signage is the key to the whale problem. He does not know of any other ski resort that charges for parking. ~.. September 18, 1984 Page 3 Mary Sagger said that she has boen in Vail for 10 years. She remembers when we needed a sign to show people where Lionshead was and now we need a sign for Lionshead parking. Bruce Timson of VRA said that he did oppose item 0. Vail has been trying to be a friendly and fun place for tourists. Asking the employees to park in the Lionshead structure could cause same potentially severe problems. Feels that we should keep coupons the way they axe. We should also encourage employees at busy times to alternate parking spaces. We should have signage when main parking structure is full. There should be someone directing or suggesting that there is parking at Lionshead and it is nat allowed on the Frontage Road. Buses should also be allowed to park at Lionshead. Tf we don't have guests walking away with a positive experience, they will not come back. Picky Walker of the Lifthouse Lodge said that at was clearly discriminatory. He would like to see the Town buy some land down-valley and bus the locals in. Mike Cacaoppo opposes any discrimination in pricing. He s}aid the Town should only be charging for maintenance on the structures. There should be a tax far paying off the parking structures. Chuck Anderson wanted to know i.f the problem of people getting out of work at 3:00 a.m. was every addressed. Stan Berryman said no. Rod Slifer then said that it appears that recommendations 1 through 5 and 8 can be adopted without much cont.roversy,, but that 6, 7 and 9 are stall controvearsial. He wanted to know whether they should try to make a decision tonight or think it over. Stan said that the only problem with buses in Lionshead would be the electrical hook-ups, which would cost approximately $50,000. Gail Lowenthal said she'd like some time to digest the input. Rodney Slifer said that we would probably have to go back to the drawing board with some of these problems. Paul Johnston said that'we should make a decision now on pas prices and coupons. Kent Rase suggested raising the price of coupons to a more realistic figure. Rod Slifer thought that we would need to analyse some of the impact. Paul Johnston wants to know haw mahy people we~.~are talking about .going home at 3:00 a.m.. It was .decided that the problem will be discussed again at work session next Tuesday. Citizen Participata.on was the next item. George Rosenberg, a candidate for County Commissioner talked about his ideas and goals. Bill Wilto was next and said that the Town made the decision~~.to encourage mass transporation, and for that reas+.on we should put electrical outlets in at the Lionshead parking structure. • The next item was the Town Manager report. Ron Phillips said that he would like to use this time to mention some positive things that have taken place.. He mentioned that last year about 70% of winter bus drivers returned; this year it wall be about 85%. John Curry Skating Company is back in Vaal. until October 13. They practice from 9-3, Monday through Friday, and the public is welcome. The library has won an architectural award from the Western Mountain Region of the A.I.A. There was no Town Attorney report. As there was no further business, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Rodney E. ~li~'er, ayor ,' ~. ~,~ R:a,raela- A. - ~randmeyer, Town Clerk ~.'r ~ [' r ~f a k VAIL PARKING STRUCTURES ADVISORY COhi~STTTEE Final Report and Recommendations Members: Bob McTlveen, Vail Associates Bruce Timson, Vail Resort Association Kent Rose, Vail Town Council Stan Berryman, Town of Vail Mike Rose, Town of Vail Skip Gordon, Town of Vail ~. August 1984 . ~ r~ :1,, , .• 1 ., V (own of nail 75 south trontage road department of public works~transportatian nail, calorada 81657 -- {303)476-7000 The Vail~Parking Structures Advisory Committee was farmed during the summer of 1984 in order to make recommendations to the Vail Town Council regarding the following: 1. Develop procedures relating to the operation of the Town of Vail parking structures which relieves traffic congestion and improves the flaw of vehicles and pedestrians in town. A. At present, extreme traffic and pedestrian congestion occurs during the busy ski days during the season. 2. Create better utilization of existing parking facilities. A. At present, the Lionshead Parking Structure is underutilized.•~.A survey conducted in March 1984 indicated that currently, there is adequate parking £or most events. However, there is an allocation problem related to parking. The Village Parking Structure filled 53 times during the '83-'84 season. The Lionshead Structure filled once. 3. Maximize parking structure revenues. A. The parkang structures are increasing in age which necessitates increased maintenance costs. (Village built in 1974, Lionshead in 1981}. Forking fees have not been increased since 1980, The Committee was composed of representatives from the Vail Town Council, Vail Associates, Vail Resort Association, and the Town of Vail staff. The Committee met .Tuly 26, and August 23, 1984. ~ , • r ,. } RECOMMENDATIONS 1. Eliminate the current policy of parking cars on the .Frontage Road when only the Village structure fills. A. The current policy creates..,an extreme safety hazard to pedestrians and vehicles, especially when snow and ice conditions exist. B. The policy is inconsistent and confusing to guests and residents. C. 'Skiers coming to Vail on I-70 perceive cars parking on the Frontage Road and fearing crowded conditions divert to Beaver Creek or to Copper Mountain. D. The policy reduces parking revenue to the Town of Vail. From January through April, the Town lost approximately $20,000 of anticipated revenue. 2. Create more visible signage at the 4-way and Parking Structures to direct visitors to vacant parking. ~. Continue i-70 signage pxogram which diverts traffic away from the 4-way. Motorists are encouraged to exit at the East and West Vail ramps eliminating congestion at the 4-way. 4. Change the messages an Vai1's Traveler's Information Radio to be mare effective in the control of traffic. 5. Continue to utilize commercial radio stations (KVA4T, KRVV) to air traffic control information. 6. Change the current policy on season parking passes . and coupons. -z- r . ~ i .. ~ a ~ } 6. (Continued) Current policy: Season passes cast $250 plus $ZS deposit anal are valid in bath parking structures.. Parking coupons cost $40 for packets of 30 and are valid at bath parking Structures. Recommended policy: Season passes cost $350 plus $25 deposit and are valid in both parking structures. Season passes cost $1'50 p~.us. $?5 deposit anrt ase ;valid~'dnly: 3xi I.,a:onshead paski~zg structure. Parking eoupons cast_.~0 ~Por packets of 30 and are valid in the Lionshead Parking structure only ~~ The recommended policy will have the effect of diverting local traffic to the Lionshead Parking Structure. The Lionshead Structure is presently underutilized. The policy will also free-up spaces in the Village Parking Structure for guests. NgTE: The representative on the Committee from the Vail Resort Association objected to this recommendation. 7. Change the current policy on Charter bus and RV day parking. Current policy: Chartex buses and R.V.'s park at either the Village ar I~ionshead charter lots. Recommended policy: Charter buses park only at the Village charter lot - R.V.'s park only at the Lionshead charter lot. The recommended policy will be clearer to visitors and easier to enforce. $. Close off current passenger loading zone on the West side of the Village Parking Structure during the ski season. Create a laxgex passenger loading zone utilizing the summer entrance on the East side of the Village Parking Structure. Sign appropriately. -3- ~ . +~ I~ ~ 'F ~ ~,1 ~ . T • 8. (Continued} A. The current loading zone becomes extremely congested during busy ski days creating a serious safety hazard to pedestrians, autos, and buses. The recommended loading°zone is larger, separates buses from autos, and will be easier to enforce. n U 9. Change current parking rates. Current rates: 0-2Z hours 2z-b hours 6-12 hours 1Z-24 hours: Night Rate Recommended rates: 0-2 hours 2-6 hours 6-12 hours 12-24 hours Night Rate FREE $2.5D $3.50 $4.SD $1.5D- FREE $3.00 $4.00 $5.00 $2.00 The recammended rate changes wi11 generate a projected $150,000 of additional revenue. L~ _4- .# MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, OCTOBER 2, 1984 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 2, 1984, at 7:30 p.m. an the Council Chambers. MEMBERS PRESENT; Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal OTHERS PRESENT; Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk The first item on the agenda was a resolution honoring Paula Palmateer for her work on the Vail Symposium. Rodney Slifer read the resolution: Paul Johnston made a motion to approve the resolution, which .was . seconded by Chuck Anderson and unanimously approved. Gail Wahrlich- Lowenthal said .t hat the quality of this year's Symposium was due to Paula Paulmateer. The second item on the agenda was the first reading of Ordinance 28, Series of 1984, an ordinance authorizing and directing the issuance of up to $20,000,000 aggregate principal amount of the Town's sports facility revenue bonds, execution and delivery of a sports facilities financing agreement with Vail Associates, Inc., a bond purchase ag;ree- naent, trust indenture and related documents; authorizing and directing the execution and delivery of such bonds; providing for the principal amount, numbers, provisions for redemption and maturities of, and rates of interest on, the bonds, and authorizing certain terms to be determined by subsequent resolution; determining revenues to be paid for such project; requesting the trustee to authenticate the bonds; authorizing investments; approving counsel; authorizing incidental action; and repealing inconsistent actions. Bill Pyka explained the purpose of the ordinance. It was brought before Council at work session several weeps ago, where Vail Associates explained that the money was needed for mountain improvements. These are industrial. development bonds being used for mountain improvements, including redevelopment of Golden Peak. The use of this type of band will. be curtailed on January 1, 1985. A public hearing on this issue will be held together with second reading on October 2, 1984. Chuck Madison, Vice President of Finance for Vail Associates, said that the actual amount of the bonds will be provided by November 8. A trustee will be selected before second reading of this ordinance. A motion was made by Gaal Wahrlich-Lowenthal to approve this ordinance on first reading, which was seconded by Hermann Staufer. A vote was taken and the, motion passed unanimously. Second reading of the ordinance will be October 16, 1984. The next item on the agenda was second reading of Ordinance 26, Series of 1984, an ordinance amending section 8.24.060 of the Vail Municipal Code providing a simplified procedure for the issuance of an amplified sound permit in situations where the amplified sound shall not be played during a period which is in excess of four consecutive days. Ron Phillips explained that the purpose of this ordinance was to simplify and expedite the procedure for short-term events needing sound permits. Hermann Staufer made a motion to approve Ordinance 26 on second reading, which was seconded by Paul Johnston, and unanimously approved. The next item on the agenda was the adoption of pola.cy amendments for Vail parking structures. Ron Phillips explained the history of the parking commission. He also explained that the original recammendataons were in tact, except for the parking fees and the bus and R.V. parking, The new parking pass wall be $300 for both parking structures and the coupons will be $60 for packets of 30. Hermann Staufer said that season passes should only be raised $25 to $275. Gail Wahrlich-Lowenthal Vail Town Council Meeting Tuesday, October 2, 1984 Page 2 thought that a price differential between the Town of Vail and Lionshead parking structures should be made. John Donovan questioned the purpose of the policy amendments. Ron Dhiila.ps explained the reasons. Frank Caraselli spoke, expressing his concerns about the parking problem. He felt that the Town should not charge at all for parking. Pepi Gramshammer asked if the Town made money on parking. He believes the 20% increase from the past year is too much. John Donovan thought that the idea of not allowing parking along the Frontage Road until both parking structures are full is a ridiculous idea. Kent Rose answered by saying that one of the questions is safety and the other is that people drive on to oth.ex places when they see parking along the Frontage Road because they think 'Vail is full, Frank Caroselli also thought the 2~ hour free parl~i.ng cut to 2 hours was not fair. Bill Hanlon said that it was a problem with parking in commercial core 1 where business owners are getting xa:d of parking spaces to add mare commercial space for' monetary gain. Hermann Staufer said that parking along the Frontage Road is very important. Safety does not seem to be a problem. Chuck Anderson • said that he still agrees to allow parking along the Frontage Road. George Knox said that telling people to go to Lionshead Parking Structure rakes people feel that they are being nickled and di.med. David Gorsuch said we are catering to the tourist. We rr~ust let people parking where they want to. Hermann Staufer made a motion that season passes for both structures be $275, coupons $50, that you can parking on Frontage Road whey Village parking structure is full, and the nightly rate starts at 5 instead of 6, Gail Wahrlich- Lowenthal seconded the motion, however, she did think safety was an issue. We should get the guest who does not care where he parks to Lionshead. Hermann Staufer amended his motion to delete the nightly rate start at 5. Paul Johnston said he will not be able to support the motion because of the parking along the Frontage Road. A vote was taken and the motion passed 4--3., Kent Rose, ~'aul Johnston and Colleen Kline opposed. The next item on the agenda was the Youth Recognition Awards, Chuck Anderson explained the b ackgxound of the awards. Vail has many out- standing programs but we should help the youth of the community to support positive efforts. The Council appointed a commission to study how the awards should be given and to whom. The awards are given to individuals or teams who had distinguished themselves outside the Tawn of Vail. Forms were sent to all major organizations in the community to select individuals or teams. Rodney Slifer then handed out the awards to the following individuals: Amy Livran, Jeff Gorsuch and Kirsten Rogers and to the 1983-$4 Vail Jr. Hockey Bantam Team with the following members: Chris Abraham, Tim Benway, Roy Burki, Bo Corbin , Matt Dietz, Erik Dorf, Eric Erickson, Jo Hanlon, Todd Hennessey, Chris 14~arner, David McCxarry; Nicholas Meyer, Mike Turnbull, Lance Carlson, Todd Henry, Benno Scheidegger, and John Donovan. The next item on the agenda was the discussion of a proposed speed dip in Bellflower Road. Stan Berryman explained the Public Works stand against speed dips and the reasons: not totally effective in reducing accidents; increases liability to the Town; causes damage to snowplows; cause drainage problems; additional cast (.Town cost is about $850-$1,000}. The best place. to put one on Bellflower Road is up on top of the road. Brad Quayle, the person requesting the speed dip, said that he gat same moire signatures on ha:s peta.tion. He now has 31. Chuck Anderson made a motion to build the dip an Bell- flower Road, which was seconded by Hermann Staufer, and unanimously voted on. In Citizen Participation, Kent Rose said that Pat Dodson had asked him to mention that all the names of the Youth Award winners will be put on a plaque to be located in a place not yet decided. Vail Town Council Meeting Tuesday, October 2, 1,84 Page 3 • The next thing on the agenda was the Town Manager report. Ron Phillips had the following to say: (1) Two Police Department officers graduated from CLETA, and George Codding finished second highest student overall in the class; (2} Commercial Development Department survey of effectiveness results are '77% excellent, 20% good, and 3% fair and no poor; {3) Employe of the Month for September a.s Leroy Valencia; (4} One of the third grade classes of Red Sandstone School visited the nature center last week and sent letters to Tawn Council. Ron read one of them. The Town Attorney. had no report. As there was na further business, the meeting was adjourned at 9:25 p.m. Respectfully submitted, • ~~ odney ~ Sli'f"er a~or ATTEST: ,~~ ~" ,+Y ela ~A. Brandme~ erf Town Clerk F ark . , . _ Y , MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, OCTOBER 16, 1984 7:30 p.m. A regular meeting of the Vail Town Council was held on Tuesday, October 15, 1984, at 7:30 p.m, in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Chuck Anderson Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal OTHERS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the A&D Building remodel. Peter Patten made the presentation, saying that the project had come back to the Planning Commission on October 8 in a revised format. There are two major revisions: an outdoor dining patio along Sridge Street, as well as elimination of one~.of the • stairways along Bridge Street. The new plan has been approved by the Planning Commission. Chuck Anderson mentioned the desirability of some assurances by the developer of his financial stability, but he does not now think it is a realistic limitation. The concern is based on the problem in the past with the Casino Building. Pepi Gramshammer voiced his concern about having another restaurant in an area where there are already 11 restaurants. Larry Eskwith answered that this was not one of the issues tonight. A motion to remove the table of September 4 was made by Colleen Kline and seconded by Paul Johnston, and the motion passed unanimously. A motion was then made to uphold the Planning and Environmental Commission decision approving the project by Gail Lowenthal, but she requested that the October 12 letter from Fred Butler regarding the encroachment and party wall agreement be taken into consideration. Larry Eskwith said that the party wall agreement was reviewed and everything looked all right and the easement question is moot. Gail Lowenthal agreed to withdraw that inclusion. Paul-Johnston. seconded the motion. A vote was taken and the motion passed unanimously. Rodney Slifer then thanked the applicant for his cooperation. The next item on the. agenda was the appeal of a decision by the DRB regarding Charlie's Gondola Ski Shop awning in the Lianshead Centre Building. Kristan Pritz made a presentation, saying that the awning was denied by DRB for the reasons that it was not compatible with the Lionshead project and the awning will stick too far out onto the mall, making snow removal very difficult. There was also a color change which was never approved by the Town. Charlie Langmaid, the owner of the shop, made his presentation, saying that the awning has been there at least 10 years, and that the Town never came to him regarding snow removal problems with the awning. He was told by the Tawn that he could put the awning back up after the mall construction was finished. He then spent $3,500 getting the awning fixed up before it was put back up. He does not feel snow removal will be a prblem and is willing to remove any snow not moved by the Town himself. Steve Patterson said that he did say that the awning could be put back up, however, he did not know that the color would be changed and that there were no approvals by the Town on the original awning nor that it was on Town property. Kent Rose agreed that it stood out like a sore thumb and it should probably be cut back to either the framework or to the name sign. Kent Rose made a motion that the decision of the DRB be overturned and allow the awning to remain i.n the shortened version, probably not to extend past the length of the first set of legs and be allowed to remain one year and to be reconsidered at that time. The motion was seconded by Colleen Kline. A vote was taken and the motion passed unanimously. Stan Berryman thinks they can live with this solution, but there are some concerns about Lianshe.ad snow removal in general. The next item on the agenda was the second reading of Ordinance No. 28, Series of 1984, the Vail Associates Sports Facilities Revenue Bands in the amount of up to $20,000,000. Ron Phillips explained that a presentation was made by Vail Associates at the last meeting regarding the construction of sports facilities in Vail. It was adopted on first reading on October 2. If passed on second reading, a final resolution will came to council defining final terms of the bonds at a later date. Larry Lichtliter of Vail Assocaates and Jack Gardner of Ballard Spahr were present to answer any questions. The bonds are scheduled to close on November 20, 1984. Vail Town Council Meeting Tuesday, October 16, 1984 Page 2 Chuck Anderson wanted to know- if a trustee had been selected. Larry Lichtliter answered "no". We said the selection would only be .a problem if it is someone unknown in Colorado. The pu61ic meeting has been scheduled for November 13, 1984. A motion was made by Chuck Anderson to accept prdi-Hance No. 28, Series of 1984, on second reading, which was seconded by Hermann Staufer, A vote was then taken and the motion passed unanimously. The next item on the agenda was the presentation by the Charter Review Committee. Doris Bailey made the presentation on behalf of the Committee. She explained the purpose of the Committee was to review the Town Charter:. The Council had asked the Committee to review seven sections of the Charter and any other items of the Charter which the Committee felt required review. She said the met a lot, the meetings usually lasted about three hours and they argued a lot. She then went over ail the recommended changes (copy of report attached hereto). She asked that the minory report be discussed at some time in the future. Rodney Slifer thanked the Committee for the time and effort put into the review of the Charter. He would like to set up a meeting or meetings to go into detail on the report and get as much public input as possible. The Council can then conclude . which issues should be voted on. The election cannot be held within 90 days of the general election. Gail Wahrlich-Lowenthal-said that since there is so much voter apathy, would there be intelligent and interested voting in this case. The next item was Resolution No. 19, Series of 1984, a resolution requesting funds from the Colorado Highway Commission through Eagle County to implement recommendations of the I-7fl/Nail Feasibility Si;udy. Stan Berryman made a presentation regarding the request in the resolution for highway improvement funds. Rodney Slifer wanted to know whether or not the long-term funds can be amended or not. Stan said that it was possible. Kent Rase made a motion to approve Resolution No. 19, which was seconded by Paul Johnston. Gail Wahrlich- Lowentha1 had some concerns regarding the construction of the east-bound ramp. She does not think all issues have been explored thoroughly enough. A vote was taken on the motion, which passed unanimously. The next item was Resolution No. 20, Series of 1984, a resolution proclaiming the week of October 13-20, 1984, Higher Education Week. Rodney Slifer read the resolution, whereafter Colleen Kline made a motion to approve Resolution No. 2O, which was seconded by Hermann Staufer, A vote was taken and the motion passed unanimously. __ The next item on the agenda, there being no citizen participation, was the Town ~ Manager Report. Ron Phillips announced that Steve Patterson had been appointed to the State Electrical Board; the Fire Department had held a number of demon- strations in schools, etc. as part of Fire Prevention Month; Peter Patten had been appointed Director of Community Development; and Susan Scanlon had been hired as the new Environmental Health Officer. There being no further business, the meeting adjourned at 9:45 p.m. Respectfully submitted, Rodney E. 8'lifer, Ma r' AT'~EST :~ ~:~ _. - Pamela, A: Hrandmeyer, Toni Clerk I A ' I 4 ~~ y . i ~.S 1 1f1 I,I `J T0: ~ VAIN TOWN COUNCIL FROM: THEiCHARTER REVIEW COMMITTEE DATE: 13SEPd4 RE: REC°MMENDATIONS TO COUNCIL ON ADDITIONAL ISSUES COM OSITION OF GENERAL REPORT .,},~ The Charter Review Committee wishes to express concern about the following two areas:. 1+: Section 12.4, Granting of Franchises. Tnis issue should be studied from a legal perspective. The committee is unable to propose an amendment a~ this time; however, the committee feels it is imperative to make current appropriate changes. ,.. Z`:' The committee strongly recommends this Charter should''be reviewed oar a regular basis, i.e., every five years. F• ~'~ In your cot~'sideration of the various votes taken and propositions presented, this Commlttee Wishes to address the presentation of this material. ,~ The fi rs~t igroupi ng of material i s by numer~ cal Charter .sect? on number, unanimous votes only. ., ~j;. The second~~rouping of material is by numerical Charter section number, ~~' a diversity,;-of votes noted with majority and minority opinions expressed. :r '~~ r • S U I. Charter Section/Topic: CHARTER REVIEW COMMITTEE JULY I9, 1984 MANDATORY COMPETITIVE $I~"DING II. Background: LVhen ~Gr.e wse o~ pub-Zi.c money .c,b .i.nva.~ved, .c~ ~us .the camm.i~,tee'h ~ee.P_.i,ng ~a~ a campe~,iti.ve, rcathe~..than nega~%ated, btid .is appnapx.t.a~e. - A.P~.augh .thence cou.P.d be gnea teh expena e ~a the compe.~,i.ng $.vcm~ ; and a.2.thaug h compe~,itive bidding .%~ .in na . way ~oo.~p~.oo~, the :irr~ervt a~ Caunc.i~ .cs -c.mpanta.~ and ~shau-P.d be demon3~ca~ed by apen.ing the b~.ddi.n.g pnace~s~5. . III. Majority Opinion: MUTTON PRSSED AS FOLLO~IS -FOR ALL BONA ISSUES IN THE AMOCENT • Off' ONE MILLION COLLARS OR MORE, T~UO (21 COUNCTLMEMBERS MAy REQCIIRE A COMPETITIVE ~$r~. ,, L .: . ' ~ UNANIMOUS, u.~.th va.~`,ing by Votes Cas t ~ by the Following : S~e.inb ehg; ~Cati'a3 ems, 'L'ap~in, =Roden, Bai,~.ey, `~dravan, • Ru.a s ~, S.~ev.in, Thamcu, tVe.vsd . ([~h.ite ab a errs ~ IV. Minority Opinion: ~~,-::- i ~ Votes Cast by the Following: NONE CHARTER REVIEW CQMMITTEE J13LY 19, 1984 I. Charter Section/Topic: SECTION 3.4 -MAYOR PRO TEMP The mayan pna hem aha.2C be e,~.ected by a mafarr,%ty vole a~ the caunc.%~. a~ the ~.c~r~.t ongaru.zati.ana.~. meeting .to be he.P.d w.~.th-in .aeven (7} days ~nam the e,2ec~.an and ~sha.~ aelc.ve at the p.~ea~sun.e a~ the caunc.{.~ gars a Ewa-years ~eh.m. II. Background: The conceh.n exc:.s~ -ct wau~.d be mane egcu~a.b.2e San ~h-i~s pa.a.i,~tia~. ~a be an "an-~he- fab" ~lca,i.ni.ng pa~s.c,I;i.a~. - ~hehe~an.e, a-~.~ ~tix caunc.%~nembPJr~s ~hau,2d have the oppantunity ~a devep.ap .in ~ht~5 n.a.Ze an an equa.~. bcLS.us . III. Majority Opinion: MOTION PASSED TO ALLOGI THE LENGTH OF TERM OF OFFICE FOR Tf1E . MAYOR PRO TEM~TO REMAIN AT TG10 YEARS. Nab a.P.2 memben~s have ~h.e dime an ~.nc.P,i.na~,t.an ~a ~e~rve .in ~htis no.~e; ~hene~ane, ~h.e na.~.e .ahau.~.d nod be mandcttany, ., ti ~ - . Passed Unaviimau,a.Ly, w.cth va~eh by Thama4, S.~ev~.n, Votes Cast-by the Following: Lap,i.n, Rudelr., Rua~y~, S~ec:nbe~.g, tVh.%~e, [cfei~s~s, &c-i,~.ey, Canabe.2.P,i. (wha ob1ec~ed ~a the pnacedcatz.e ab ~h.e vole}, {Danavan ab~serr~} T. IV. Minority Opinion: .;: . .,,,: . :: ~: Votes Cast by the Following: NONE CHARTER REVIEW COMMITTEE JULY i9, 1984 I. Charter Section/Topic: SECTION ~.8 -ACTION 8Y ORDINANCE RE21~IRED: In add.iti.on ~a Much acts ag .Lhe caunci.~. as are rcegcaviced by o~herc pnav.istian~ a5 ~hi~ Chanteh. ~a be by and,%nanee, eve~cy act mafti,ng an appnapn,%a.~%an, etceati.ng an .indeb~edneb~s, cuitharu,z.cng 6arvcawting a~ money, .~evy.i,ng a ~ctx, ea~a.b.?.i,ah.ing any ncc.e.e on negu.2ati.an fah ate v.ia.~cc~,ian a~ wh.~ch a pena.~,ty .mss .cmpa~ed, an p2ac.%ng any . btvcden upon on .Y.fm.c.~{.ng the use a~ pn-GVa~e pnape~y, ~ha.P,Q be by axd~.nanee. (}nd.~nance3 maFri.ng apprcopni.ati.on~ ~ha,Y.2 be can~.ined ~a the ~5ubfee~ a~ the ap ra~c. a prrt.ctt,%.a n , II. BacEcground: Conee>cn ex.i~~6 abau~ any pnopejcty ~icaws~en ah ba.Le; the add.cti.an a~ ~h.us ph~e w.c,?.~ 4Jtlceng~hen the pnaeedune xequ.itced. . III. Majority Opinion: MOTION ~ASSE17, w,cth the adcli,~i;an o~ the unde~.P,i.ned plvca~e ~,n . • .~e~,tenee are - "In add.itian ~ ~a such ae~s a~ the caunci,~. gas are nequuc.ed by o~hex. phav.c~s.ion~s a~ Charc~en ~a be by and~.nanee, eve>c.y act .rnafzi,ng~ an apprcaprri,a~i.an, en.ea~.ng an .ind~b~edne.~3, accthan.i.z-i,ng ba~aw~.ng a~ maney, ~evy~.ng a ~a.x, the ~a.~e a anu n.ea:~ ~rca~e~rtc~, e~s~ab.2i~sh~:ng any rui.2.e an negu.eatian Marc the v-La~.c~#,i.an o~ wh,~.eh a pena,P~y Ji,a .cmpab ed, arc p.P_ac i.ng any burden upan an .?,~az.i~c:ng the cus e a ~ prci.vate pnapercty, rsha,.P~2. be by andi.nanee." ;~ .; uNANIMOCiS Votes Cast by the Following: Thama~, S.~ev.Ln, Lap.c:n, Rudefc., Rua~~, tVh.ite, ~JP,t~S~S, 8a.i.,~ey, S~e.Lnbehg. , ;. . . IV, Minority Opinion: i ~ Votes Cast by the Fallowing: i CHARTER REVIEW COMMITTEE JULY 19, 1984 I. Charter Section/Topic: SECTION 5.1 -GENERAL ALlTHURITy: {a} In.itt:.at,%ve. The e.~ectarus as .the dawn ~ha.P~. have the. pawe~c. ~a p~capo~e any orcd~.nance ~a the caunci,C, .Ln accandance with the pnov.cs.iarvs a~ antt.cee as ~l~.e Chahtelc, except budge, captta,~ pnagnam, a}~pxaprrt.a~.i.an as any rtevenueb, an kevy a6 .ta.x.e/,, on ~a.Fa>t.i.e3 05 dawn as~~cena an emp.~ayee~s. In the everr~ counc,i,~ s~ ~a adopt .~a~.d prcapa~sed atccLt.nance w,c,#h.oc,~ any change ~.n ~sub3~a.nce, the aac:d pnopa3ed ordinance bha.P.~. be ~5ubm.ctted ~a the neg~~ex.ed e~ecta~ a~ a .dawn eeecti.an sar ~he.vc accep~a,nce arc rej ec ti,an. II. Background: gy de~e~,cng .the excep~,iaws, our Cha~eh. w.t,~ have the braade3~ b~atemevct pa~5d~.b.Ce and w~. brc,%ng u~ ~,n~a conccuucence w.c~h .the ~s~e can~s~u~ti,an. ~. III. Majority Opinion: MUTTON PASSED AS FULLUGIS: F,fr~.s~ ~serr~ence ~sha.P2 be changed ~a head a~ Sa.P.Cawa - "The e.~ee~arus as the ~rrwn ~ha.2~ the paw2h ~a prapa~se any ard.inance ~a ~G~.e caunc,i,e, .cn accardance w,cth the pnav,v5~.ac~ as the Sate Corus~,i.- ~uti.an a~ Ca.~ah.ada, Atc~.r_2e 5, Sec~%.a~. T .'" ~ L ~ ~ . Votes Cast'by the Following: iINANIMUUS, with va~.%ng by Gle.usa, Cana~se.~P.%, Lap~.n, Rums, Thama~, Ba,i,~ey, S.te~.nbehg, Wh,%te. {Vanavan, S.Eev~.n, Ruder ab~eczt} w IV. Minority Opinion: i_ .. ~}-.. ~: i ~ Yates Cast by the Following: NUN€ CHARTER REVIEW COMMITTEE DULY 19, 1984 I. Charter Section/Tapic• S~CT70N ~.1 - G~N~R~4L ACITHCR7Ty: (b~ Re~e~cendum. The ~e~eetafra o~ the dawn ~sha.P.~ have the powen .ta nequine neearv5-i.detcc~,ti.on. by ~lr.e caun.c_i,~. ab any ancLi,nance and, -i.~ the coun~i.Q ~at.~ ~o nepeu.2 an ond.inance ~o necar~.cdelced, ~a appnove'an ne~eet .ct at a dawn e.Cee~:on, .i.n accandance with ~Ia.e pnov.vs~.arvs og .th-~a a~ti..cP.e a~ ~h.us Cha~e~r-; pnav,ided ~'ha~ ~sueh powetc..aha,Y.2 nab extend ~a the .bevy a~ ~a.xe~s, ea~2.P.ing a ~5pee.i.ae e,2ec~i.on, on au~han.%z~,ng .the ,i~s~uctnce a~ .~aca,2. gavehnmev~t d.is~ri.ct bandy payab.2e pn.imani,~.y nom .apeci.a,~ a~~ea~men,~, ~evy.Lng ~p2cia~. aa~se~s~merrts, an and.bnance ~a meet .the coc~Ji.actua.P. ab.~,iga~ti.ar~ a~ the dawn, II. Background: . 8y de,~eti.ng the excep~i,o,vs, aurc Chatrten wi,~ have the bnaadea~ b.tatemerrt pab~s.ib.2e and w.c.Q,2. bn.i.~g ua .i.nta canecvvicence w,cth the ~.tate ~ca~~itu~%.on. III. Majority Opinion: M~T70N ~ASS1=11 AS ~'OLL0~1S: F.Uc~s~ ~er~,tence ~ha.~2 be. changed ~a Head a~ ~o.~2owb - "The e.~ecta~c~s a~ the dawn ~ha.eQ. have ~r.e pawe~r. ~a negcc,in.e necar~,i.denati.an by the counct,~ a~ any ond~,nance and, .b~ ~la.e caunc.%~. ~~ ~a nepea.2 an ond-cvca.nee Asa neca~ra-idetc.ed, ~o ap}~c.ave. an net eet .ct at ~a ~aw~. e,2.ee~ian :~in ~.candanee w.cth the pn.av.i~s~.a~ a~ ~Gr.e Sate Carvs~itr.~.on a~ Ca.2anada, Atctie.~.e 5, S ecti.o n 1. " ~. ~ ; Votes Cast by the Foi cowing: uNAN7M0US, with va~.ng by [~e~~s, Calr.a~se.P,P.t., Lap~.n, Rua~~, Thamws, 8a.%~ey, S~e~.nben.g, Glh.r"te. (Donovan, Rudeh, S.Cev.~n ab~ent~ IV. Minority Opinion: .~;- -. ,. ~~ Votes Cast by the Following: ~~~~ CHARTER REVIEW COMMITTEE JULY 19, 1984 I. Charter Section/Topic: SECTION 7.2 -JUDICIARY COMPENSATIUN -- Spec,i,6tieaQ,~y, Page 20, Sec~.an 7.2, patca.gnaph (c] Camperv5ati,an. Kev.c.be the wording ~o Head as ~a.?.Caw~ - "The murri.c.ipa.~ fudge aha.?r2 neee.i.ve a ~~.xed .~a.ecvcy on campen~sati.an set by .the Caunci,~., wh.ieh ~shak~ nab be deene_c~sed dcv~.i.ng lu,a ~te~cm a ~ o ~ 5.ice. " II. Bac~Cgro~and: III, Majority Opinion: MOTTUN PASSED • ~y b~c.t.fu.ng the wand ".bnc~e.eabed;" the ab,c~,%ty fan rca.%aea dwiting h.i~s ~enune .i.~ .in~utr.ed. ~. , . , ~fa~,~.an pa~.aed unan.imaua.Cy, with va~e~s by Votes Cast by the Following: S~e~.nbelc.g, Rudeh., Ruo~~, Lapin, Ulf-use, Thamcvs, S.2ev.i.n, Ule.~s~, Sauey, Cana~se.2?.,i. (who ab,~ected ~a the pnacedcr~.e o~y fie vale} • (Donavan d.b~e~) IV. Minority Opinion: ;:.: ,.: Votes Cast by the Following: Nc7NF CHARTER REVIEW COMMITTEE JULY I9, I984 I. Charter Section/Topic: ~ S~C7TON &.3 -PLANNING CL?~fMTSSTON: The~c.e'~Sha.P,2. •be e~~cr.b.P.,i~hed a ~euen ~7J membelr, p.Y.a.nrung comm.us~5~.an appotinted by the counc.%e. MembeJus a~ the p.2an~u.ng camm.cs~~.on ~sha,P2. be ne~.tden~s a~ the Tawn a~ Va,i,~ and eeecton6. The ~enm~ a~ appa.cntraz2n~ ~a the p.~ann,t.ng cammtib~5tian aha~ be fan faun (4 ~ yecvt~5 an an avenP_app.ing ba~,c~s . II. 8aclcground: III . Majority Opinion : MOTTCN PASSED AS POLLC~IS : Spec-i~.ica.~.Y.y, the. Rehm as appa.in~mevit aha.P_,2 be changed ~a nead "qua {2) yea~u an an ove~r.Capp~.ng ba3.c,b." fiaun yeatc~s .i,n an appa,i.~e.d po~Jct{.an .c~5 ~.%mp~.y ~aa .fang . • ~' . . - Uotes Cast ~b the Followin Ma~,%.an pws~sed unan•unau~.~y, with va~e~s by Y 9 ~ S~e.~.vcbetcg, Rude~c, Rua~~; Laptin, G1h.%te, Thamcv5, S~.ev.~n, Ulv_,v,~, 8a.i..eey, Ccuca~e.~-~,i. {wha_ ab j ec,~ed ~a ~'he p~.acedune a~ the. vo~e1. ~~~~ona~ n 6a.er~,~.1 IV. M7nor~~y ~lplnion: ,; . :: ;: , .. :_ i Votes Cast by the Following: NONE Because o~ outdated uefr.b,cage .in ~seeti,an, La~i.ng Hcvchne3~s wins neque~s~ed .ta nev.use the ~seetion. The ma~i.an as ptce~se,~,ted below ~.vs !~ necammendution. III. Majority Opinion: MOTION PASSEp AS ~'OLLO~IS: Section 9.4 - Capital. Program: CI~ARTER REVIEW COMMITTEE JULY I9, I984 I. Charter Section/Topic: See~t%an 9.4 - CAPITAL 'PROGRAM AND A'D'DITIONAL CENT SALES TAX •• The Manageh, ~ha.Y~ pnepcUr.e a .Pang-tcange cap.c,#.a.~ pnognam and ~,ubm.t,t same .to the counc,i2 Ewa ~2] weeh,a Anion .to ~'he .aubm.~~~,on a~ the budget. Such pnogaam dha.P,P. ~,ne.Pude a a~atemewt o5 the Apeei.a.~ revenue fund addi~.ana.2 cevrt ~ac,~es ~a.x cUS a.P.2ac.cLted undeh. Ond.inanee No. 3 a6 I R71. Expenditwce a~ ~h,us revenue ~a~. a.then khan eap.ita,C .unpnavemen~ and/or open ~spaee acqu.i~s.ct%an on .cmpnavemen~s ~sha~ negcwr.e na~t 2e~sa khan ~.ive (~} a~~.ihma~i.ve va~e~s a~ the eaunc.c,P.. II, Background: :'The manager shall prepare a long-range capital program and submit same to the council two (2) weeks prior to the submission of the budget. Such program shall include a statement as to the application of..-the.~sales tax revenues allocated by ordinance to the special revenue fund. Expenditure of these revenues other '`than for capital improvements and/or open space acquisition or improvements or for the payment of debt service on any obligations of the Town issued to finance the same shall require not less than five (`5~ affirmative votes of the council. - .r~!~~-~,.,,... ,.. BILL PY~KA T~ CLEAR L~TTN flARKNESS THE CHANGE FKOM 5 Ax1=IRMATTVE VOTES T(? 6. Votes Cast ~by the Following: UNANIMOUS, wJith va~,%ng by S~e,%nbetcg, Cana~SeP.P.i., Lapin, Ruder, BaJi,2ey, 1Janavan, Rua~~y, S.~ev.in, ThamcUs, ~leisd. (Glhite ab~se~. ] :. IV. Minority Opinion: ;: .:.. ,.,, Votes Cast by the Following: NONE CHARTGR R~VI~W CCMMITTL~ JULY 19, 1984 I. Charter Section/Topic: Sec..ti-on J 4. G -Revenue 8onda . The dawn, pcur~uant ~ta andinanee and ~wc~y (30 ] day3 pub.e.%c na~,t,ee and w.%thou~t an e.Q.ec-ti.an, may bo~vc.aw money, .c.~~5ue bow, an a.thetcw,ve extend .ct~ cn.ed.it San pwceha~ting, aequthi,ng, ex.~end~.ng on ,cmpnov~ing a wa~tea:, e2ec~ici.c, gcus an ~eweh ~y~5~em, an ashen pub.~,i.e uti,~ity an tincame-pnaduc.cng pna~ ect, pnav.ided ~ha~ ~h.e bands an o~hen ab.~%ga~%alv5 .aha.2~ 6e made, payab.Ge Snom .the net nevenue~s deh,%ved Snam the ape~ca~~,on a~ duch dyh~em, u~y, an pna,~eet, an ~nam the pn.aceed.d os any nevenue .tax a.thez .tlurn genetcae ad va2anem fax ,cmpa~sed by the Town o~ Va,i.~, an the S.ta~e as Ca.~anada an agency Jtheneos. Any ane an more, as ouch ~sy3~em.s, u~i,2,iti.e~ and pna,~ec~s may';~~:;'camb,ined, apenated and ma.Lr~a,t.ned ab ~o~rr~ muni.,c,ipa2 dy~s~temb, c.u;%,~,i~ti.e~s, an pnajec~, .cn wh.Lch case such bands an o~hefc~ ob.~%ga~,%an~s hha.~2 be made. payab.~e vu~ as ~h.e net'nevenue den-iued nom Elie apenat,%an ~o$ such ,~o.cn~ ~sya~ema, c~,%~,it{eb an pnafec~s. Revenue bands .vs~sued purc.~uant ~a ~h,e Au~h.antty gnarited hen.e~.n may be beeuned by ge.nvca.G ryr.ape~y faxes an ice gu.P~ •Sa.ith and eJced.r',t os .the dawn, .in wh.ieh evevct an e,~ec~.an ass pnav.ided .in Sec~.i.an 70.4 ~ha2-Q be nec~u~ied. Such bond, ~hct,P~ nab be. eor~s.~deh.ed a debt oh genena2 ob.P.,i-ga~:i.on as the Mown, and- ~sha~ nab be .sn.a,2uded ass pw~.t os the ~.ndeb~edne~sa a~s the dawn San any pcvcpa~se. III. Majority Opinion: :;;; LJN PASSED AS J;OLLO(~S, f~ITN R~CCMM~NDATION SUPPLT~'D SY • LJ::I;~, fI.'.:.;,;,~SS .'.!!^ B. '.L PYKA TU CNECK TU SEE {~NET}fER THE SECTION TTTLE CAN lid C~'r.~J~G~ iv :~4J4~fl..y ~bO;~CS 'AND UlARRANTS: Section 10.6 -Revenue Bonds: "A~ ,~. Revenue bonds issued for the purpose of acquiring, constructing, improving or extending any municipal utility system or~:other income-producing.:project may be made payable solely from the net revenues derived from the operation of such system or project, _~-,~1r~y_~two:,o~_moreryo~_such,:_systems or_projects may..be. ~ombned;~ operated ~t~d:-.~ta.nta.ined jont~y,,_~.in which -.case: such. .r~ve~r~e~bonds . sha~.I:~_be_-fade: p~y:~ble~out;Apf the-_net.-,revenues S~2r1Ye€1-,:~rom~ the_~_oper~t,ion:-.of--tbe:. jo~.nt_ enterprise. _.-Neither a ;fa~l~re: pf-the t4wz~ hStpx'i~ally._.to_.have maintained. a special fund ,-:~or-.azty_ such_e~ist~:ng_ ntu~:~cipal:,utility_sytem. or_ other .,;~.. - ;;,:;~" ~.r~COme-prQduc~.ng::project~~;~or=a~~p~evous eommingl.i.ng: of revenues ~:= deri.~'ed: from__t.l~e _c~peratio~ t~iereof ~wth,the, general.- fund of ~, the ,,:,,.. ;.t~ ~, Town shall. px'event ~ piedge;.of,_such=.revenues for the payment of revenue bonds issued pursuant to this Section or the issuance of Votes Gast ~b the Followin UNANI~ft?C[S ~Cnva~di.nn ba S~e.inben Ccv~.a~seX,~.i. La ,~n Y g~ ~ 9 y g, ~ p~ , Rudelr., 8a;i.~.e.y, aonavan, Ruo~~y, S2ev,i.n, Thoma~5, ~Ue~a. fG1h.%te ab~5ent) IV. Minority Opinion: ;; -•r'. ., ; Votes Cast by the ~o7Towing: NE7NE such bonds without an election, provided that such a speca.al fund is created prior to or contemporaneously with the issuance of such ,, revenue bonds and thereafter maintained separate and apart from the general fund. `~"~"~ Revenue bonds issued for any public purpose of the town may be made payable solely from all or a portion of the proceeds of any tax, other than a general property tax, imposed by or payable to the town. Neither a failure of the town historically to have ' maintained special funds into which the proceeds of such existing taxes are deposited nor a previous commingling of such tax proceeds with the general fund of the town shall prevent a pledge of such revenues for the payment of revenue bonds issued pursuant ~' to this Section or the issuance of such bonds without an electian, ~~ provided that such special funds are created prior to or ' centemporaneously with the issuance of such revenue bonds and ~' thereafter maintained separate and apart from the general fund. ~~ Nothing herein sha11 be construed so as to prevent the isuance of revenue bands pursuant to this Section for any of the purposes specified in the first paragraph of this Section which are payable from both system or project revenues and the proceeds of the taxes herein specified. Revenue bonds isued pursuant to this Section may also be secured by a pledge of the full faith and credit of the town or of general property taxes; however, except for such bonds issued for the purpose of acquiring, constructing, extending or improving any municipal utility system, no such bands shalt be issued until 'the question of their issuance shall have ,- been approved pit. an election as required by Seation 10. ~ of this Charter. Revenue bonds issued pursuant to this Section may also be secured by a pledge of governmental grants received or to be received from the United States of America or any agency thereof or from the State of Colorado or any agency thereof or by a pledge . of grant receipts together with any other revenues or taxes as herein provided. • M CHARTER REVIEW COMMITTEE JULY t9, 1984 I. Charter Section/Topic: SECTION 10.8 -SPECIAL OR LOCAL IMPROVEMENT DTS7'RTCT 80NDS: . • Spee,i.s.iea.?..e.y, Page 24, ~panagn.a.pn 5, ab ~a~awb: where a.~.e au~s~iznd,Lng bandb o~ a bpee,i,ae on .eaea.e .%mpnavemen~ d-irs~iU{.et have been patid and any manieb nema~.n ~a ,the c~c,edit as the d.us.tn,t.ct, .they bha.2.e be ~icanase~vr.ed ~a a bpeci.ae bunp~.ub and deb-ici.ency sued and urheneven .there .us a des~.c.i.ency .in any bpee.i.a~. oh .eoca.e .tmpnovement d~is,ttrie t sued ~a 'meet ~.e paymentis as au.ts.tandi.ng bandb and ~.nteheb~ due ~Gcenean, ~h.e de~.ic,iency bha.2.e be pa.c;d out as ba,%d 6tvcp.P.ws and des-i.ei.ency sued. II. .Background: w,{,th ~,Q sotrmati.an as the Lt,or~shead Spee,i.ai'. Tmpnoveme~,t D,c~s~lri.ct, ~'lte~r.e .may be home mani:e~ nema.Lnting ~.n Elie ~i.ghahn Spee~iae Imphavement D,c~s~u.ct, ~~ =~ wh.ieh money, ahau.ed became avcx,~,P.ab.Ce san Sw~tGi.elr..impnavemer~5 .E.n the di~s~iri.c~t where' ~he~ aru.g~.na,Q. abb e~5bmen~ welce made. Cu~vc.en~ey, ~hi~s b entenee .in the Chante2 ner~u.ih.e~s any .ees~ave~. sundb ~o be heed and pobb-Lb.ee be abed ~o maFZe up san des.i.c,%ta .i.n a~4ien •spec.i.a,Q. d.us~iri.c~.s. Once .irnpnavemen~s have been eamp.eeted, any bu~.p.ecc,a maru,ea bhou.ed be made ava.tea.b.ee san scvcthen. ,cmrycovemen~s w~ith,in the ahi.~.ina.P. di..s~h~.e t on neimbutvs ement ~o ~habe ~'a.xed. III. Majority Opinion: ,~ _ ~{OTION PASSED ~o de2e~e .th~i,a aentenee. ~loweven, the camm.it_tee nec~ueb~s a .2ega-P. ap.inian ab ~a add-i~.i.ana.2 i~oxd i.ng ~ha~ wau2d gnacvLe the a36 ebb ed mant.eb be.Lng cased an.ey by .the arc-ig~.nae di~s~iri.ct. **PLEASE NOTE LEGAL OPINION BY LORTNG ffARNESS, OE BALLARD, SPAf1R. ANDREGIS 8 • TNGERSOLL-COPIED ON BACK. 7fiTS OPINION U1AS iJNANTMOUSLy APPROVED By TNE_ .: . . COMMITTEE. Votes Cast•~y the Following: ~1eUSb, CatcabeP.?.1., Lap.Ln, Ruass, Thamab, Ba.%eey, S.tei.nbe./rg, ~16tite. {Donavan, Ruder., S.eev.in abbent.) . s IV. Minority Opinion: - ~ . •. ~,. i ;~ • ~ Votes Cast by the Following: NONE L~ ~r ~~ ~ Section 10.8 - Special or Local Improvement District Bonds: The town shall have the power to create local improvement districts and to assess the casts of and relating to the construction or installation of special or Local improvements of every character against benefited property within designated districts in the town by: (a) Order of council, subject, however, to protest by the owners of a majority of all property benefited and constituting the basis of assessment as the council may determine. ~(b} On a petition by more than fifty (50) per cent of the landowners in the area of the proposed district. In either event, a public hearing shall. be held at which all interested parties may appear and be heard. Right to protest and notice of public hearing shall be given as provided by council by ordinance. Such improvements shall confer special benefits to the real or personal property within said district and general benefits to the town at large. The council shall have the power by ordinance without an election to prescribe the method of making such improvements, of assessing the cost thereof, and of issuing bonds for cost of constructing or installing such improvements including the costs incidental thereto. Where all outstanding bonds of a special or local improvement district have been paid and any monies remain to the credit of the district, they may be transferred to a special surplus and deficiency fund, and whenever there is a deficiency in any special or local improvement district fund to meet the payments of outstanding bonds and interest due thereon, the deficiency may be paid out of said surplus and deficiency fund. However, subject to the regui~rements of any convenants contained in any ordinance authorizing the issuance of special or local improvement district bonds, the town shall not be obligated to make such transfers or payments or maintain the special surplus and deficiency fund. Whenever a special or local, improvement district has paid and cancelled three-fourths of its bonds issued, and for any reason the remaining assessments are not paid in time to take up the remaining bonds of the district and the interest due thereon and there are not sufficient monies in the special surplus and deficiency fund, then the town shall pay said bonds when due and the interest due thereon, and reimburse itself by collecting the _ unpaid assessments due said district. In consideration of general benefits conferred upon the town at large from the construction and installation,..of improvements in improvement districts, the council may levy annual taxes without an election on alI taxable property within the town at a rate to be determined by the council for the purpose of advancing monies. to maintain current payments of interest and equal annual payments to the principal amount of bonds issued for any improvement district hereafter created. The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the ~_ purposes specified herein, provided that in lieu of such tax levies, the council may annually transfer to such special fund any available monies of the town. i CHARTER REVIEW COMMITTEE JULY I,9, I984 I. Charter Section/'Topic: SECTIO,V 13.3 -SALE (?R LEASE DE PROPERTY: Caunc;i•Q. may d e,?.~., exchange an d.i~5 pay e a ~ pub.~ic u,~i,~iti.e~ , an penmane~ pub-P.ic bu.%Q.di.ng~ an nea.~ on pen3ona.C pnapercty w,Uth. an w.c,~r.au~ ~.i~c~s~ o6~ai.n•cng the appnava.~ o~ a ma,~an.ity as the neg,cs.Le~r.ed e.2ectans va.ti.ng ~he~.eon as ~ha.P_.~ be de,Lenm~.ned by .the counc,i.~.. The caune r'.Q. may .~ea~se, fan huch ~etrm as caunci,2 ~sha.P.C dete~un.ine, any nea.P. an pe~usana.~ pnapenty ~a on ~nam any pecan, ~,ucm, an eanpona~,i.on, pub.P.%e an p1rivate, g av enr~me~a.~ an o~'henw~ e. II. Background: A .?.i~.t o~ aac~r.odanet pub•~.c .2and~ w.c.~2 be pnepcviced, a .~i~s~ whi_ch can be added ~a but nab de.Ceted ~nam. ThvS ~~ .c~ ~a added ~a the Cha~elc. A ~seeand ~~ as .?_a.nd~ w,c,?.C be pneparced .Ln negcvr.d ~o ~sma.P~en, .Ces~s .cmpvn~ac~ ~ira.v~ae~i.a-vs and ho.2cCi.ng~. A ~hitr.d .?,r~~ w,%.~ be eampa~ed pn.%man.i,~y a~ easeme~, vaeati,ajvs, and o.then howseheep~.ng mat~e~c~. L.is~s Ewa and ~hnee may be hand.2ed ~.vc and~.nanc2 ~ortm. n III. majority Opinion: MOTION pASSEa TO REATl AS EOLLO~JS - "Caunc,t.P., by ond.inance, d ha.~Q. pcvcchcvs e, ~ e,~, exehang e on d,i~s pays e a ~ pub.P,i.e u~:~,~i.es , an pehmaner~ pub.Q,i.c bu.%2dingb on neap. an pensona,Q pnape~y w.~h an ~w.ithau~ ~.vr~s~ ab~a,~.n~.ng ~1i.e appnava,e. •o.~ ~a mafvn.%~y a~ the neg.rs~~ed eQeeta}c_a va~ing ~honean, w.i~h the exeep~i.avi ~'a~ the ~a.~,Eaw.ing 2.vs~ed pnapetc~,c.e~s: RClt~ER'S SACROSANCT LIST. The Caun.c,i,~, by~~andinance, ma.y ~.ea~,e, ion such ~enm ass Caunc.%e ~sha,22 de~enrn~,ne, any neaC an pe~eaancr,~. pnapeir~y; ~o an ~nam any pecan, ~.ihm an eanpanc~,i.an, pub.P.%c • an pn.%va~e, gavennmen~a.2 on o~lcenw.c~se. The dawn .v5 awnen o~ ~5ome pub•2%e .2and~s Asa pn~.ce.Cea.a ~ha~ the caunci,~ 3hau.2.d neve~c have the au~han,i~y ~o ~ e~2 an d.vs poi e a ~ . ~l~.em w,i, thaw a pub.e,ce vale. ~, Ya3ded urran.tmau.S.~y, with va~e~5 by S~e~.nbe~r.g, Rudelc, Votes Cast'by the Following:Rua~~, Lapin, ~1h,ite, Thama3, S.2ev.in, Ll1e,%dd, 8a•i,~.ey, CanO.~ e2.P,i.. (Danovan ab~s ems) :~ iV. minority Opinion: ,, .. :•; ..,. ~• . Votes Cast by the Following: NONE ~:-s. ~~ ~ Take n from TOV Fil es 3-3Q-84 (Revised 5--8-84} sect ion A: Deeds and~or Dedicated Parcels from V.A. to TdV: ~c el Description A,K,A, Acreage Date 1. Potato Patch, part of Tract C Narthside pedestrian .98 197? bridge 2. Part of Lot 1, Block 1, Vail 5outhside of pedestrian .265 19?8 Lionshead Thir d Filing bridge 3. Tract A, B&C, Vail Village Open space and stream 34.10 1.978 12th Filing & 13th Filing tract in Booth Creek 93.354 • area 4. Tract F, Vail Village 7th Ptarmagian Road, south-- 1.587 1978 side avalanche chute 5. , Part of Tract C&B, Vai1 Village Covered Bridge area .36fl5 1.970 First Filing 6. Tract D, Vail. Lionshead Third Unplatted area south of 5.1.63 1978 , Filing cxeek; na. of sewex plant 7~ Tract C, Vail Village 2nd Filing Old Tawn Shop .5173 1978 $. Part of Tract C, Vail Lionshead Lionshead i4'iall 3.978 First Filing •~ 9. Tract E, Vail Lionshead First Lionshead Entrance Site 1980 Filing 10. Lot 1, Vail Lionshead First Lionshead Parking 1980 Filing Structure 11. Vail Village Third Filing Switchback b/w Rockledge .1.387 1978 Tract A - Road and Forest Road 12. Tract F, Lionshead First 'East Lionshead bus stop .027 1978 Filing 13. Tract C, Vail Lionshead Middle Creek stream tract .559 1.978 . Second Filing north of Dobson Arena to State Frontage Raad _. - 14. Tract I, Vail Village First Village Stream tract from 2.727 1978 Filing Vail Road easterly to ' _ . Village Center Bldg. 15. Tracts A, E & F Lionshead Farcel east of Antlers .328 197$ ~Third;Filing ;and Studio turnarounds 16. Part of Tract B&C, Vail .. Village Parking Struc- 5.5223 1974 Village first filing tune 17. North of I-70 ~ Mountain Bell Site , .25.1.77 1976 18. Tract A, Vail Valley 4th Golf Course Park Site 28.144 1976 ~~1 - Filing - (Katsos} East of ~ " Sunburst Drive •~ 19. Lots 9, 10.& 11..Vai1 Village Avalanche chutes off 2.16 1975 10th Filing Fairway Drive . <ir'; 20. Tract B, Vail Village First ~ Vorlaufer Park .2351 . 1.970 . Filing ~ • 2~Tract H, Vail Village First Wi11ow Circle landscaped 3.83 1971. Filing area 22. A Part of Tract J, Block 7, A portion of land south .2948 1971 Vail Village First Filing and west of Chapel Site 23. Tract G, Vail Village Fifth A portion of Mill Creek 197]. Filing stream tract behind Red Lion from Gore Creek Dr • ~ `~~ to Hanson Ranch Road • ~ . ~ ~:~~ l~ !'j Farcel Description 24. Part~~of Tract B, Vail Village 1st Filing 25. A portion of Tract B, Va~.l I,ionshead 1st Filing Section B: Other Town of Vail Lands 26. Bighorn 3rd Filing 27. 2g. 29. 30. 31,. Buffer Creek Lot 40 A.K,A. Acreage Date A part of stream tract 19~ adjacent to Athletic Club Never-ever Ski School .8602 1.971 (Oldenburg site) Eaton Land-E. Vail Open 18 lots -~ 1982 Space no. of Interstate 5.73 •~ Vail Golf Course- 56.736 1984 Pulis Ranch Vail Golf Course - V.A. 1984 Intermountain parksite (Stephens property) Bighorn Park (King Arthur's Court} Buffer Creek parksite pending 2.7 1980 approx. 1 1.980 approx. 1.98 .819 32. Matterhorn Village Donavan. Park 54 33. Ford Park 34. ~ Katsos Property 35. Vail Interfaith Chapel 3g, Dobson Arena Site g?. ~ Athletic (soccer} field 4.98? gg, Founder's Plaza (Gondola I) 39. Unplatted Municipal Building Site 40. Unplatted Post Office Site 41. Bighorn Subdavi~ion Lot 12 East Vaal Fare Station 42. Vail Village 2nd Fiing, Lots H & I Village Firestation 43. North of I-70 at Go1f~Course Bus Barn Site ~ 1?.3 44. Vail Village 2nd. Filing ...~ Ski Museum Site 1.23 45. Red Sandstone School Sit e 5.3 46. Bighorn Subdivision, Tract C & D 1..02 47. BLM -- Unplatted - - A part of Intermountain park site • ,•f • I. Charter Section/Topic: CHARTER REVIEW COMMITTEE JULY 19, 1984 DISTRTCTTNG II. Background: Cwvr.eYrt eoncenWS ane ad ~o-P_.2aw~s : 1 ~ "Na ane" 3peci~.ica.~.2y nepnes ends me. 2 a R ~a.in nepneden~atian dons nab ccuvr.ewt2y ex is~ an ~dce dawn counc,i,C. 3) D.i~~r.~.cting wau.2d .inc~ceade the .ivrtenel.t .in municipa.~ uee~iarcd. 41 T~'~5 undemoena~ic na.t ~o cLi~s~ci.c-t. III. Majority Opinion: MUTTON 1?~F~AT~D TC TNSTTTUT~ DTSTRTCTTNG, . Tn ~ma~2, ne,Ca~ive.~y hamageuaud anea~s, d.i~s~.ie~i.ng .cis nab neeed~scu~.y. T~ a,22aw~ ~aa much concern ~o be va,iced ion the "netighbanhaod," na~hen khan cyan the "dawn" and ~Gr.e "cammun.i.~ty." D,us~1ric,~t.ng wau~.d caude~ a Su~Uthen. dev,us,ivene~~. The ane man, ane vale cancep~ a~?iceady ~ah.e~s cane a~ the need fan d.~.s~.%e~%ycg. U1e cau.~.d pa~ewtic~P_2y cut acvuse.2ve~s a~~ nom good ca.nd.~.da~e3 by the 2,im.~,tctti,an.d a~ di~s~1r~%e~,ng. ~'ufc~hen, beeaud e a~ the even-chang,cng bed eaun~, ~.n~.in.%te boundary pa~s~,i,b-iX.~~.i.ea ex.vs~ and ~h.is wau.2.d nequ.ine ean/~~a.nt manitan.ing. w Votes Cast ~by the Following: (~6~,ite, Lapin, Kua~~, Auden, S~e.inbehg, S.~ev,in, • 8ai,Q.ey. 1lanavan ab~s errt. . IV. Minority Opinion: A.P.thaugh ~hene ways much duscu~sb,ian negand.ing the que~3~,%.an o~ dusk-t.e~.i.ng the Tawn a~ Va.t,2,. a nev.ie~,u a~ the necand dhaw~s ~ha~ ~Gi.e debate wa~5 an hane~s~ exchange a~ .c.dead and op.iri.%.ayvs, natheh. khan ,~udgmen~s an canc~us-iafvs based an the ana,2y~5,us a~ dada.. Tn fact, .the d.uscu~s~s.ian nai~sed mane ques~;i,o~~s khan .t~ pnav.c.ded av~we~s. T~ .c.d the nequeh~ o~ ~Fz.e minan.~ty ~h.a~ a rare-b~i.d~s`ed.gnaup be nonmed ~a ~s~u.dy ~h.e que~s~,ion o~ di~s~Jr-~.e~,t.ng ~a pna.v~ide ~.e caunc.i.C and the pub,2,ic the ~ac~ and va,Zid a.P,tenna~ived. Same que~s~,%ort~s wh.%ch ~shau.?..d be addne~sd~ed .in the ~s~udy .ine.Cude~ {1~ T~s ~hene a papc~a~,ian .levee when di~s~r.%ctc:ng ghat .~ needed fan mane e~~ee,~ive g a v ennm Brit - ~ha.n ~ an e,Q.ec ti.ng the wha.~e counc,i~ a~ 2cucg e? { 2 ~ Tb d.c.v e~.ity ~,n papu.eatian, econam.ie~s, .aac,irce aet%v.ct-i.2~s, etc., an .impan~a.rr~ cavvs,idena~,%an Son dv5~c,(.eti.n.g? {31 Daed mun.ieipa.e gavenrune~ .tmpnave w.cth d.vs~ci.eti.ng becacvse ,ind~,vtidua.e caune,i.e membered ane .cdev~,i.~.ied by the pub.~%.e .in a d-t,~~c-i.et as "my eaunueman" wha .cis nedpaws,ib.ee .to me? (4) 17oe/s d,~s~c.%ett.ng .inelceavse the pub.2i.c ' .invo~.vem2nt .in dawn a~~a.uc~s, ad demar~sed by gnea~en va~en ~un.n-auk an attendance a~ eaunue meet,%ng~s? (51 wau.ed d.is~tricting .tmpnave necghbanhaad~s, and ~.n ~ctfc.n .the who~ee down, and encac~rage .the ~anma.~,%,an o~~ nughbanhaod gnaup~5 having cease .f/t,a,i~5an w.tth caunue ac~,ian? (&) (~ha~ Fund a~ d,us-t~ci.c~,i.~.g wau.~.d eva.eve .in Ua.ie .i~ ~hv.Jc.e were ~lvicee, gacvc., an mane dvs~ic,%c~5? (7 ~ Should d.%a~,ic~ • Vo~es~Ca~y ~e ~'o~alowa`ng ~a ha.2d pub.P.{.e mee~,i.ngd w.%tFun ~he.in dus~u.cts? {cavitinued an bachl Thamad, G1e,V5h, Cana~se.e~. {wha ab,~eeted ~a the procedure a~ .the vale} at~s~iricti.ng, canti.nued: (8~] flow cau.~d the eaunci,Q be eampabed? Shau2d ,it nema~.n w.~.tk. seven membe~r.~, an ~hau.~d .c.~~~be .incneabed? I~ Aso, haw many? (9] Shau~.d a.~. memben.a a~ the eounci..~, under d-us~c-i.e~ti.ng, be e,~.ected a~ .Pa~cge, an ~shau.~.d d~~u,e.~ nepne~ewta~,c:.vea be e,~ected ah.2y by ,that di.b.tlri.et? (}h, 3hau.~d .thence be a mtix as dv,~iri.e~ and a~--2~cvcge caunc.%2 membe~u,? (10} Shau.~d the mayan be eF.ected at .Q.ange and by the pub.~.ic, an wou,2d .the mayan be a d,vs~'ici.ct nepne3en~ative and e,2eeted ~a the pa~~, ad raw, by .the caunci,~? (11 } why d.id when ~awv~s and c.i.tia.~s adapt cLi~s~1ci,c~ti.ng? Sepa~cctte nom the Cangne~s~ be~.ng eompa~sed o~ d-vs~1c..iat hepneaenc.Ve.~, many bate gaveh.irmenta2 badi.eb are by dils.~i.et. Many ~awws and c-iti.ea e,~ec~ ,th.ein caunci.(. by d,i~s~r.%c~; .the cauv~y camm.vs~s~.an .c.6 by d.c%~uct; ass .u5 .the dchoa.~ baand. ° the nequ.inemen~ ~ha~ ~G~.e~se bad.ie~ are campa~sed a~ d.vs~.ict nepneaentat%ve~s .{.rc~d i:.cate~ ~Gta~ d.vs~iu.c~.i.ng can a.nd do ens wonfz e~ ~ 2c~.v e2y, and ghat the ~! eade~c~ a~ aun bate have a ~s.#'Icang atti fade ~ha~ d.US~.i-e~:c,ng .r~s a demaeh-a~i.c ptu.neip-fie ~ha~ ~shau.2d b2 app.P,i.ed ~o gave'cnmervta.~ bad.~e~ athen khan ,fu~~ the use .~eg.c~s- tU.~.th such an ab1ecti.v2 ~s.tudy, au,~2%wt~ng ~h.e vajri,aua fZ,c.nd3 a~ dr~s~Ju.c~,i.ng and the pna~s and ears, ~h.en .it .cl~ pa~~s.ib.2e ~a d-i~cwsa the -i~s~sue with the pub.L'i.e and pub the queb.ti.an an ~,e ba.P~.a~ fan neaa.~u~`,~an. CHARTER REVIEW COMMITTEE JULY 19, 1984 I, Charter Section/Topic: SECTION 2.3 -MUNICIPAL FLECTIUNS: .,. A negc,~X.ah. mun.i.ei.pa~. e,2ee~ian ~ha~2 be held an the ~hitr.d Tuesday a~.ien the ~h.ind Monday .in Navembe~. o~ 1973, and b.i.enri.iaP,ey ~h.enea~~en. Any ~S~ee.iaQ. mun-ic i-~a.~ 2Q.ecti,an may be eaP.~.ed by ne~so.2u~,i.on an arcd.inance a~ ~Gce caunei.2 a~ .2eab~ .t4r,~ty (301 days .in advance a~ ouch e,2eeti.an. The ne~a.eut%an ah andinance ea.~?,%ng a ~~eria.~ muvu.ei~aa2 e,2ec~.an ~sha.?.,1' ~se~ ~a~rth the ~unpa~se an pc.ur.y~a~ea a~ .duch ekecti.on. ~ Pa.?.Y.i.ng p.P.a.ce3 San a.P~. mur~,%cipa.i e.~ec.~.i.arLs bha.P~ be open ~rcam 7 a. m. ~a 7 p.m. an e,2.ec~,i.an day. II. Background: There .r',b. gjca.ve eancen.n abau~ aun eammu-~,ity'h va~en, apathy, and ~enha~~ ~hhvugh eomb.in~.ng aura muc~,i.c.ipa.~ v.,~eetian dale w.rth_.~he geneha.~ e.~.ec-tiara dale, cue can draw gnea~en. numberus o~ va~eJUS ~a the ~a.2,P~s . III. Majority Opinion: CHANGE Tf1E REGL[LAR MUNICIPAL ELECTION GATE TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, ON EVEN-NUM~EREa yIrARS, TO COINCIDE G1ITH THE GENERAL ELECTION. Apryc.ava.~. ;4~~en ~~udyting the van,%au3 v.,P.eet,%an da~e3 cased ~lvcoughaut the ~s~ate o~ Co.2anada by o~hen home ncc.~e munic,iy~a.?.tti.e~5, and a~~eh ~~.c.dyting the uru.que b~.ue~cvr.e a~ ~1~.,vs ne~sont cammun.ity, ,it wvcL~.d ay~~eax bene~-i.c-ia2 ~a Patin ~once3 cvi~Gt the genen.a.~ eeeeti.an ~.n cvi.g.ing va~en.~s ~a the ~a~s . . ~. Votes Cast ~by the Following: Thama~s, S.~ev,i,n, G1e~~, Rudett., Lap.Ln, (~h.ite, Rua~~, . Ba,t.P,ey, Cana~Se.P~.i. Canavan ab~se~. . IV, Additional Considerations Offered by the Following.Members: -• -.... O~ ~ en ed b y we,i~sh, Caho.~ e,P.1'-t., Thomas . - a?,thoug h .th,~s m-inanity agnee3 with e mad any • ~ ~ • .in negated ~o ehang~.ng the e2ec~.i.an date, ~a.ZP.aw.%ng cvice Grua augg e~s~,i Drab . 11 Thai ~h.is ~~5ec~.c•an. be made, .irrta aura ~crtcagna~hs., w.%th the ~.Ucs~t panaglr.aph addne~s~s.i~.g negc~an municipa.~ e.1'eet,%.a~vs, and a becand ~anagnay~h addne~s~~.ng a~aec.ic~ e,~eeti.an~s. Th~i.a wou~Yd oX~x-i.~y the aura d.i~~e~r.e,2t fz,ind~s a~ e~ee~,iana. 2J The .2a~s~ ~anagna~h .~~'.at%ng the ~o.~2ing p.~aee~s be a~en. ~nvm 7:00 A. M. ~a 7:00 P. M. be de,2eted. Th,i~s m.ivumum nequ.itcement -cis ~5~cc-te ~,n the S~t¢, F.Cee~,i.on Law, ~. and being a ~~ a~ ~he~ Cha~rtetr. pn.ah.~.b,it-s ~Gr.e Tawn a~ ilai,~ ~nam expanding the ~,ime o~ e,1'eeti.ows, ~.~ .ct de,~.v~.ed, tin the ~wtun.e w.rthou~ a vale o~ ~h.e e.~ecta~ . ~ A.a an examP.2e, .i~ the Tawn w,i~shed to extend the va~,ing ~,i.me fan mu~ieipa2 e2eeti.an-s ~a 4 : 0 0 P. M, , .ct cau.2d nab w.ithac+t a .,Chalrtex change, even .i~ ~ha~ ehang e wou.2d b e bene~~.eta-~. and de~s.ih.ed by the dawn. • Votes Cast by the Following: S~einbeng, 4 1 CHARTER REVIEW GQMMITTEE . JU~.Y I9, x984 I. Charter Section/Topic: S~C7TON 3.9 - T}{E COUNCIL: II. Background: III. Majority Opinion: MOTION DEF'EATE1? AS FOLLO~lS: Amend a~ velr,b.e.rz.ye .in the Chanter ~nam counc,i,?men ~o eaunc.i,~membe~. • The mad an-ity ~ ee,P~s a.P.thaugh .in e~~s ence ~lz,ia ~ a ~fii.me~y and needed ehang e, the 2xpenbe .~ ~nah,ib.itany, .i,e., bated an .the pub.Zi,ahi.ng and va~,t.ng eo~~s. Funthetc, the de5~,~,cti.ans dee~,ian ~,n the Charter dae~ address the .c~s~sue. ~. . ; Votes Cast by the Following: S~e~i.nbeng, Ruder, uu,as5, Lay~.in, G)h.%te, Thamad, S2ev.in, W2~s~, Sa.%~ey. (Donavan ab~senta ~. IV. Minority Opinion: r1_ ... ~~.~3 Votes Cast by the Following: Cwco~se,~P~i,, who vbjeeted ~a the ~noeedune. a~ the va~~ y CHARTER REVIEW CQMMITTEE JULY 19, 1984 I. Charter Section/Topic: SECTION 3.3 - MAYOR: The mayor dha.P.~ be e~.ee~ed ~nam the du.Cy e.~eeted caunc,{,~ b y a mafon.tty vole a.t .t,ts - ~.c~ui~ anga~,i,zattiana.2 meetc.ng ~a be he~2d w.fth~.n eleven {y) days ~nam ,the e.2ec.#.i.on, and dha.P.e. denve ctt the p~2eadune as the eaune.c,2 ion a .two-yecvc Rehm. II. Background: Canevhn ex.%a~s ghat a mayor ea.n dehve ad ~.n~~.n~um, stud neveh. a.2Qaw,ing ashen caune,%~ - inembe~ ~a again expehi.ence and expent,~d e. Ewcthen, then-e -id ~aa much earr~,~.nuing ne~sparr~~.b.i,Y.i~y fan one .ind.iv.cdua~. ~a be aP..~awed .%n Gus pad~ct%an fan e,%ght yeatcd. III . Majority Opinion : MOTION PASSEa TO ALLOty THE LENGTfI c7P TERM Off' OFETCE FOR . r~E MAYOR TO REMAIN A7 TwO YEARS. - ~ 7~ wau.2d appears ~h.a~ a rives yon wha ~c,d e~.ec feel ~a d everc.a.2 ea ws ecr.Lti_ve ~esemd b y b~i~s • - pe.elLs -i.nd~:f.~P~s con-ti.nccity and nein~ance~ ~he-cha~.ce a~ ~lZ.ade caunc~r,2membe~c~s. A;P~so, dtince ~lte can-tevtt a~ the caune.%Q. ehange~5 every ~xua yecuvs, -L~ the dame .ind.iv~.dua,2 .us e.Cected ~a mayor, thus dhou.P,d be naffed ad a ma~an vale a~ can~.i.dence. ,. Votes Cast ~by the Following: 7homad, S.2ev,crr., Lap.Ln, Rudeh., Ruo~~, S~e~inbetcg, . [Uei.Sd, Ba.%2ey, whr",te. {aanavan abde~t} iV. Minority Opinion: :~ The e.~.ec~%avc a~ ~h.e Mayan dha.~2. be an e,2eertian ~nom~ cand.ida~e~s fan Mayan nunv~,i.ng ., at .ealcge ~.n a.Z~. e,2ecti.an, wands a$ the dawn. 7"he.Mayan dha.2.C 'be e,~ee~ted fan a ~e/c.m a$. a~~.bce a~ ~oc~: {4) yeaxd. {See the "Teni~c~,ve Charc~en." dubm,ctted by Cascade~2.~i., Paged R-17, ion ~wrthen pawerr~ and du,~,%e~s.a~ the Mayan.) • ~ Votes Cast by the Following: Canade,2~,%, who abfected ~a the procedure o~ the va.te. CHARTER R~V1EW COMMITTEE JELLY 19, 1984 I. Charter Section/Topic: SEC7Tt?N 3.R - COUNCIL VACANCIES: Q caune.i;?man bha.P.~ eov~tlnue .to ha.e.d h.i~ o~d.ice ant-i.L hip 3ucceb~san .c~ du~2y qua,P.~.gtied. A caunci,2. ~aeat ~ha~ became vaca-zt wheneveJc. any counc,%('man .c.e neca.P_.2ed, d.ie.b, became~s ,c+aea~sae,%ta.ted, ~r.ea.cg nd , cea~ ens ~ta b e a ne~s,tdev~.t a ~ the dawn ax..td canv.ic fed a ~ a ~e2any. E~lit'h,i,n .th,ilrty (301 daye a~,telr. a vacancy accun~, ~.2 nema~,n.ing eaun~i.?xnen dha2.~ chao~se by ma~'a~c,ity vale a du.2y quct~i,~,ied ~e~on ~a S.c,P,C such vacancy. Ne ~sha.P.~ delcve the unex~.cn.ed .tefun ~o vaeavrt un~.%2 the vtext negu.LCvr. muw%ci.Eac~. e.~ee~.i..an. I ~ ~hnee on mane vaeanci.e~1 ex,%a~ ~s.imuY,taneaud~.y, .the nema.in.i.ng eaunci,Qmen ~ha~, at ~h,e •.nex~ n.egu.~wc mee,~i.ng a~ the caune.%L', ca..ZQ. a •s~ec,iaQ. e.~ee~%an .ta x.%22. such uctcanci.~s, }~c.avtided ~h.en.e w.c,~2. vto~ be a n.egu.~.cvc mun.iccpa.~. e.~ecti.an w.itlu.n ninety (90a days avid prcav.c_ded ~fia~ ~G~.ei1c. ~,ucce~~arUs have nab pnev~iacu.,.~y been e,~ec,ted. II. Background: IIT. Majority Opinion: MCr70N YASSED A5 Fc?LLOEvS - Spec,%~.ica.P_.ey, hewtevzee 3 ~a Head ws ~a~?,~.aw~s - "I~ .the vacancy acecvis w.cth 365 an mane days ~.emu,%vu.ng .~-~ the ~enm,• a manda~any e,~ec.~,t.an ~haP~ be ca.Q~ed. I~ a vacancy accuns with 3G4 days an .2e3~s nema~.vri.ng..in the ~eltm, the Caunc %E may choo~ e ~a ca.2.~. an e,2erftian an appa.int ~h.e ~a~s~tt.on. ~: C-c~i.zens da nab w.csh ~a give up ~he.in. }tight a~ be,Qeetc.an~ ~atr. an .cnd.iv~c.dua.~ ~.n a eaune.%~ pabtit,%an. ,.; Votes Cast•by the ~'oltowing: Thamaa, S~.ev~vt-, S~e,inbeng, ~u.deJr., i~uo~s, Lapin, wlrwte, 8a,i-fey, Ccr~.a~s e,2.2.t. (wha ab~ ected ~o ~h2 Eanaaedune a~ the. va~el . ~aanavan ab~s ent] IV. inarity Opinion: ~~_` :. },.. Votes Cast by the Following: we,~,s~, . CHARTER REVIEW COMMITTEE JULY I9, 1984 I. Charter Section/Topic: SECT70N 6.3 -- P(7~l~RS ANi? DClTTES {TDG1N MANAGER} The manager .aha.P~ be he~paws.ib.~e ~a the counc,%P. fan ~h.e p~.aper adm.inus~ir.a~,i,an a ~ a.2C a~ ~avusb 5 the dawn p.P.aced .in his charge, and .ta ~ha~ end he ~ ha.P.Q have the power and du~;i.ea and be nequ.itc.ed .ta: {u1Se neapan~.ib~e ~vn the en~oreement o~ .the .eaw~ and ondi,nance~s a~ the down; (b1 8'-itc.e, ~suapend, ~.an~s~en and remove dawn ., emp~ayee~; {c} Mahe appa.in.#men~ on ~h.e 6a~5~cs a~ execuYive and admtin.i~s~tr.a~,t,ve ab.r,~ity and a5 ~h.e ~'na.i.n.ing avid exper.i.ence a~ 3ueh appai,ntee-s ~.n the wonlz wh.ieh .they one ~a pen~anm; (d}~ Caine a pnopaded budget .ta be prepan.ed anr7ua:~2y and ~subm,tt .ta ~'h.e eaunez:e and be he~spaws.ib.~e far the adm~iru~~r.a~i.an a~ the budged a~~en ~ adap- ~.%an; (e} Prepalce and ~ubm.rt ~a the eaune.~.~ a~ o~ ~h.e end a~ .the ~.csca.~ yeatc a camp.~ete report on ~.inance~5 and adm,cni~s~,•ca~,%ve activ,cti,e~5 a~ the dawn far the pn.e- cedi.ng yeah and, upon reque~s~ a~ the caunc.i,~, ma~Ze wnsi~ten an verba.~ repar~s at ' ~ any .time eaneen:n.ing the a~ ~a.Vr~S o~ the dawn under. h~vs huperv.c;~5.ian; (~ } Keep the caunc.%C advJvSed a~ the ~.inane,i~ eand,%,ti.an and ~crtun.e needy a~ .the dawn and maize such necammenda~,c:.an~5 ~a .the caunct.~ far adapti,an ct~3 he may deem neceb~sary an expedient; ('g} Fxere.{.ae ~supettv~.ian and carLtfia.2 av2r a.Q.~ exeeutive and adm~,n.vs~.at%ve depan~nerrt,3, and recommend ~a the caunc..%~ any prapa~5a,2 he ~hinfz-s adv,c~sab-2e ~a e~s~a.b~,ish, caws~o.~.ida~e ar abo.~,i~,h adm.c.vw,~rce~,i,ve depcvr~nev~; {hl ~e re~pav~.ib2.e ion the en~areement a~ aP~2 .telrm~5 and cand.itian.b ,impa~sed ,in gavan a~ the dawn .t.n any ean~c.ac t on pub.P,i,a. cc,~.?.i.~y ~xanch.us e, and upon hnow2edge a~ any v.ia~a~,c.an ~he~ea~, report .the .name ~a caune,%e far such ac~,ian and praceedting~s a~5 may be neee~s~ary ~a en~are.~he dame; [~.'}~ Attend caunc.i.P. meeY,i.ng.~ and pantie.%pa~e tin d~cua~~.an~ w.~ith .th.e caunci.~ ~.n an adv.iaany capae,ity; l.~1. ~3-tab.2ish a .~ya~em a~ accaun~i,ng and aud.iti:rcg far .the dawn which bha.2~. ne~.2eet, Jin accordance w.tth. g enena,P,2y accepted accaun~i.ng pjc,i.ncip~.vs, the ~.c.na.nc_i,a.2 cand~,tian and ~.inanct:a,2 apera~,%an o~ the dawn; (fz1 Pnav.cde fan eng~.v~een.%ng, arehiteeturca.2, ma~enance, and cocia~c.ue~,i.an ~ehv.iee3 nequ.r'h.ed by ~Fr.e dawn; (.2} Serve .in an ex--a~~.ieia eapac,%ty on a.22 pne~ent and ~ututce ..baand~5, eamm.ittees, and .camm.cb~.c:an~s a~ ~h.e :awn; (m} Per~anm o~hen. such dcctie3 ass may be pre~scfri.bed by plus Chen, an 'b y and~.nance an by ashen. app.P,{.ca.b.2e .taw, an nequ,iwr.ed o~ h.im b y caunci,C, which wc.e nab .incan~s.v~~ent with ~hi~s Chan ten. II. Majority Opinion: LEAVE THIS SECTION AS 7T f~AS ADOPTEg IN 1972. The mafanity See,?.s the va~ens give ~,.e Caunc_i,~ the power .to hvice ~vc.ee peopke an,~y (.i.. e. , dawn marrag elr.; dawn cUttarney, dawn c,~en1Z 1. The manager ~hau.2d have ,the power ~a adm~i,ni~s~cate, -~.. e., h.%tce and ~,ttc.e, the read a~ the dawn ~.ta.~~. They agree w.rth the ~~-ic.eng~h and power given ~a .the :awn manager. t .. . Votes Cast ~by the Following: S~ei.nberg, Lapin, Ruder, 8cu..~ey, aanavan, iZua~~, S~ev,i.n. {Ulhyite ab~ entl I'I~I. Minority Opinion: 7~ J%d ~h.e m.inanity ap.inian ~ha~ ~lxe ne3par~uS~b.i,P,ity~ a~ .the adm.in~~.a~i.an a~ .the dawn gavennrnent icc~Jt~S w.cth the .fawn caune.r',2. To.ueltiieve the pnapetc. adm,cnv,~.a~,i.an .the eouncik .i~ authan.ized and required ~a appo.c.n t a dawn manag er. ~a wham the eaunc,i~ mu!5~ de.2ega~e such au~han-ity and du~i.ed a~5 deem'ed ..neces~sany ~a adm.in.is~er the down a~~a-i~vs. However, .the m.cnaruty be.~i,eve~s ~f~.a;~'. the pawe~ra and du~,ie~s a~ ~h.e dawn manager. be nab granted by .the Chanter bud by the caunc.i,2; and ~hetc.egane, ~.i~ hecti.an ~shou.~.d 6e mad-i~Jied accand.ing.2y. The m,%nanity reque~s~ chart eans.idUia~.ian be g.iv en ~ ~a. mad-t.~ y the .2anguag e a~ ~h.i~ b eetia n ~a read: (Chang ens unde,;i.~ined } .The manager ~ha.Q.~ be re~spav~s.ib.Ze .ta the eaunci.2 far the prape~c. adm.in.i.6~a~,i.an a~ a.P.2. a~sa~ o~ the dawn p.eaee,d Ji.n h.i,a charge bra the dawn caunc,i2. The caunc.i.~ ha!~ the 6a.P~.aw.ing entcmen.ated pawelr.~ and du~i.eh which can be de~.ega~ed .ta the 'dawn manager a~ .rt~~see3 ~.ct and necea~sary: {p.icFz up w-tth Section {a} } . {Nape: Secti.an 6.1-Yawn Manageh: ~hau2d be ehang-ec~ ~a be ,~n agreement w.cth the pnapa~sed cl2angea .in Serti.an 6.3, as ~a.?~.awa: The second ~entenee ~ShauP.d read - "A~ ~ueh, he may pa~s~ea~s, and may exelccise a~ the executive powetUS and adm.in- .ia.#hati.ve pawera ve~~ed .in the dawn caunci,~,.1 (eavzti..nued an bacf2l Votes Cast by the Following: Thama3, G1P,i/5~5, Cara~e,~i., Pawvr~s and Occ~.ea a$ ~G,.e Tawn Managetc, con~ti.n.ved: UJ•cth the change .in language tin Sec~i.an b.3, the he4paws,cb.i,P,ity a~ the admti~,i- .us.~cation .<.s ,th.a~ ab .the e,2ected a~~.i,ccu~.?~ ag the .fawn eaunc,%2, a~ ,it .~hau.?.d be ~.n a nepre~sewtat;%ve ~atcm a~ gavetcvtmevit. A.t pn.eaeYrt, the Chan~en by--pad~eh the apeci~.tc xe~spart~.ib-i,t,itie~ o~ adm~.n~.a.tlca~ian bud dae~s nod pnav.ide the cifi~.zen any necac,ve~e ~a the adm.in-is~.atan exeep~ ~inct.i~r.ecrt.~y ~hnaugh the .down caune,i~.. Ass do exanp~.e, -tile dawn manager.: "(a~ Be neapaws.~b2e for the en~arcement a~ .the .eaw~s and and~..nanceb a~ the fawn; (b~ fi-c1~.e, ~u~,pend, xicana ~ en and remove town emp.~a yee3; " The. e .twa duti,eb ~.n the Cha~en a•?~2.aw the .fawn manag en to ~se~.ect and h~tc.e the pa.P.i.ce chc:.e~ and ~,ws~uet .the eht.e~ haw -he w.c.~ en~aree the .2aau, and the fawn manager dae~ th.v, w.cthau~t d,ineetian and canbu,P~at%an be,%ng nequ.ilced w.cth the fawn eaune~. (r1 e. dan' ~ ~G~,%nft ~h-us -vs the undetwtccnd.ing ar de~,vr.e a~ the vatet~s; the va.te~s petccetve trice eeected nepne?senta~%ve~s a~ beting nesparvtib~.e fan ~.aw enhancement .in every respect. By chang~.ng the .P.a,nguage ab prapa~sed, the caunci,2 wau~d have tli.e pawetc to w.ithdnaw the duty o~ .~.aw en~arcement .i~ .the eaunc,i,~ $e.P.t that .the fawn manag etc ways rat da~ as .ct baw ~.ct and prapetc. Thus .c,s the pnab.~em weed ~.n Avan w.r.;th the mu•2tt- m.c.~?.i,an •da.2,~atr::P~cw~cut, where the fawn manag etc .c~5 cP.aim.i.ng the fawn caune~,~. d.G.d •nat have the authan,%ty to ,ir~5~'tc.uet htrr- to demate the chief as pa.?~i.ce. A.ethaugh•the cauncc,~ acted .in gaad ~a.ith by .tehm.ina~.i,ng the fawn manag en. fan rat . ~o.Z~.aw.ing the .ins.t'tcuc~iarvs o~ the council, .ct .vs raw ~cn .the caun.~s, and eethetc way .ct ~ expena~.ve ~;a the Tawn o~ Avon. The argument that the fawn manag en calvsu.P,ta w,%th the town caunc-i,2 an ma~te~c~s o~ - ap~pa~.in~mec~t .us rat, deru.ed, bt.tt ghat ,v~ an apena~i.ng pnaeedutce which may an may rat be ~a.22awe:d' by th.e next fawn manag en, because .it ~ rat a nequ.vicement. The Charrte~r. gnan~ the fawn manag en th,i~s auth.ar.ity w.ctGi.aut apprava~ a ~ the caunc,i.~. 7"he argument that the fawn caunct,~ can tenm,inate a manag etc at any dune .us weafz, 6ecau~se• th.i,a .us what happened .in Avan and the authan~ity a~ .the cauner,~ .c,b be.ing cha.I:eenged ~.n expen~s.ive .2,~,c`.ga~tian., Seeand,~y, a fawn manag etc. may be da,c:ng an exce.~,~e,nt jab .in .eve>zy athen ne~pec t, except are, cu ~.n ~h,~s examp.~e, whetce he war~,ta - '~~• neta.i.n the ehie~ b~ pa.P.ice and h~vs~ method o~ Law enhancement. And to tetcmJi,nate the fawn manag etc may rat be .in the avena.~X. best .intenetst a~ the fawn, but t1a.e caunc~%e wau.ed have no athen chaice. except termtina~,%an. The prapa~5e.d .?_anguage wau:~d penm,ct the eaunei.~ .ta deny atc w.%thdnaw •the fawn ~manageh.'~s authanity and retspaYVS,%b,%4~ity .in 4pec,%~.ic adm.in.ts~'tca~,i.ve and executt.ve cucews, Th.i~ ~~exib,t,~ity wau<~.d a~.ow the caunei,Q to meet t~ ne3pav~s.ib.i.2.rtiea ~a tGr.e eR.ec~arus w.ithaut drab~%c ehange3. CHARTER REVIEW COMMITTEE JULY 19, 1984 ~. Charter Section/Topic: SECTION 10.5 -- LIMITATIONS: rhene bha.P,2. be no .~.i.in%tatian cva .to the amount a~ band~~ and ~ecu~it,%ea, except .i,n dacumen~b pnav.iding ~ fan ~h.e .ca~uance a~ bame, which may be .c~,~ued by the dawn aub j ect an-e.y ~o the e~ec~,i.an psr.ov.c,d,%ont, a~ Sertian 10.4. Ate. bondb .usdued puh,SUant ~o the pnov.us.ia.n~ o~ Cha~.ten .aha,P_.2 be do.Cd at pub.~.i.c an prc.i.vate ~sa.~e ~a she ' beh~t advan-tug2 0~ .th2 dawn a~ above an~ be,~ow pan. Banda may ca~,ta-i.n pxov.i.S,i.oN3 Marc ca.~,i.vig game a~ de~s.igna~ed pe~r.%od~ prrt.an ~o the ~.ivra.2: due dale, wJith on w~,~~.aut ~h.e pa~nent o~ a pni,.an nedemp~,%an proem-ium. II. Background: ~ eb.t ~ hau.ed, nod b e ub ed ab a ~ aunce a ~ bund~ . U1 e ~ hau,P_d nab ~ ~ d ebb gnea ~e~c. khan what- we one ~.inanci~rg. we need a na~,iona~ ~P.im-t~cction ~ta a~~~e~ the .~a.ch, a~ .2i.m.itation and the ema~iana.P.ism. Plrov.c~~.ar~s ~hau,Qd~ b2 made fan amon~,%- zcLti.an, hep.Y.acement, and maintenance. III. Majority Opinion: MOTION PASSED AS FOLLO~US: 8a~c.aw.ing dha?.~ nab exceed ca~.t • an the appnai~ ed va.P.u.e ob the a3~ et ~.in.a.nced. y ~ ~' ~ ~ ~ ' Votes Cast-by the Following: ~~,~~ Canaae,~2,i, Lapin, Rua~~, rhama~. (aanavan, Ruden, S.Cev:in ab~5en~,J . a IV. Minority Opinion: Votes Cast by the Following: S~e.inbeng, ~1h,<.te, Bai..P.ey. ~~ CHARTER REVIEW COMMITTEE JULY 19, 1984 I. Charter Section/Topic: SECTION 10.E -- LTMTTATTONS= Thene .aha,P.~ be na .2i~rti,tat-%an cos ~a ~h.e amount a~ bancLS and ~eeun.i~,%eb, exeep~ tin dacument~s pnov.~di~rg fan .the .vs~5uance a~ ~5ame, w{u.ch may be .t~t~ued by the dawn dubJec~ an.~.y .to the e.2eet<.an pnav,t~.i.an6 0~ Sec~i.an 10.4. A.2,2 bonds ,c,d~sued pw`r~5uant ~a ~h.e pnav,ustiaYVs a~ Charcten ~sha,~.~. be ~a.Pd a~ pub.P_,t.c an pn.i,vate ~sa,~e .ta .the be~s~t advantage a~ the .fawn a~ above an be,P.vw pan. Svnd3 may eanta~cn pnvv.c~s~,vns fan ea~,2i.ng ~5ame a~ de~5.cgna~ed pe~r.~ads pfc,{_an .ta the ~tina.~. due dale, with an w,ithau~t the payment ob a pni,.an nedemp~,%on pnemcum. II. Background: A good bu~s~.ned~s nequ.vr.e~s ~ha~ every ~irrre you buy equ,<.pment, you pnav.i,de amvh-~.za-- ~,i.vn, vb~o.~e~cen~se, and nep~2cc.cement. The dawn ~shau.~.d have a ~.un,i.,~an pnvv~~.vn ~vn any pna~errt, ~.n ghat .ct can pnvv.ide cyan amvn~,i.za~,%an, nep.ea.cement and ma.in~enance. III. Majority Opinion: M(}TTl~N PASSEa QS FCLLOGIS: Na balvc.awting ~ha.~ exceed ~,n • .~eng~h 80$ o~ the ude~yu2..P.i.~e o5 ~h.e ws~et Asa ~~.nanced, ,. .; Votes Cast ~by the Following: we.~s.a, Canvde~.~,i., Lapc:.n, Ruv~~, Thomas, ~Danavan, Rude>c, .S~.ev.Ln absent] IV, Minority Opinion: Votes Cast by the Following: S~e~.nbehg, white, Bai.-Q.ey. CHARTER REVIEW COMMITTEE JULY 19, 1984 I. Charter Section/Topic: S~CT70N 10.5 - LT~~TTATTONS: Thene bha.F.P. be ~na ~i,rnitati.an cvs to .the amount o{~ band~s~ and ~seccuri~,i.e~5, except .in dacument..s pnav,id.in.g ion ~.e .cs~uance a~ game, wh.cch may be .idbued by the town aub,~ect one.y to the e~.ect~.an pnov.<,a,torv~ a~ Secti.an 10.4. A.~.2. bondh ,csaued pu~uant to the pnov.v5~.on6 os th,i~s Chanter. ~sha,P.~ be bold at pub.P~i,c an pntivate ~a.~.e to .the best advan~uge o~ ,the .town at above an bv.,~.aw pan. 8ondd may contcun pnav.c,b~.ans fan ca.EP.~.ng same at de~s.Lgnated pen.i,ad~s Anion to the ~.incr~ due date, w.cth an w,i.,thaut the payme~,t as a pntion nedempti.on pnem-ium. II. Background: A tic.ad.iti.ona~ appnaach .us to .2irn~it debt ~ta a cetrta~n pelr.centage a~ a3~essed va,Cccd~,i:an. A ~utc then appnaach ~,n ne.~atian to GO bands .i„~ the ~aet they mwst be voted, which .c~ a de~~ivwte neattc,t.c~.%.an. The que~ti.an hays been ad~h.ed .i~ .indebtedned~s cau,~dn't be btlc.uctuned with ~shanten tenm~5? III. Majority Opinion: MOTION PQ.SS~T1 AS 1"OLLO(~S: No add,iti.ona~ banlrauzing may 6e . ~.ncunned ass .Gang ass the not-t.a a~ tata.2 debt be~cv~,ce to tata.~.. nevenu.e3 exceed 200. Cu~r~r.errt.~y, aun $21, 000, 000.00 banded .indebte.dne~~, whtich ave~..the .P,i~e~irne o~ that debt w.c,~,2 ac~uu.P.2.y be paid 'out at $3~, 000, 000.00 - ,i15 taa high. In a dtatcr~any ~.i~u.a~,ian, 10 o a~ the a~s~5 e~5~5 ed ' va,Cua~;i.an .cs the debt 2.im.i.tctti.an. A3 an examp.P.e, .i~ we gay Vai,~. hcvs an cLs~Se~sd ed va~ccati..an o~ $134, 000, 000.00, . ~.~ we. we~r.e ~5tatutony, the town wau.~d be ab.2e tb ,t~s~sue $13,400,000.00 a~ debt. -- -- :. ~. ~ ~., i Votes Cast-by the Following: w~~, C~,a~Q,~,~,{,, Lapin, Rua~y~j, Thvmc~s, l3ai.Cey. {aanovart, Rudeh, S~ev.in absent) :.. IV. Minority Opinion: ;_ ._.. ~...-:.. .,,: ,. .,... . Votes Cast by the Following: S,te-i,nbeng, Ulhite. . CHARTER REVIEW COMMITTEE JULY 19, 1984 I. Charter Section/Topic: SECTION 10.5 •- LIMITATTONS~ There .bhu.?,e be na .Cun.itatt.on ass .to the amauv~,t ag band3 and Qeccvi.itie~, except .in documents ~nav.id-ing San .the .tsbuance os dame, wh.ieh may be .i.baued by the dawn bub1ect an.2y .to the e,~ec~i.an pnov.i,s.c,a~vs as Secti.an 10.x. A.~, bands .vsaued pur~,suav~.t #o the ~nav.cs.iows og ~th,i~s Charrtetc .aha,P~ be .aa.Pd a~ ~ub.Y%e an ~1ri.va~e ~sa~e ~o .the best advartta.ge og the dawn a~ above an be~.aw far. Bands may ea~ztain pnav.us~.avvs Son ea.e.P.i.ng ~5ame a~ deaJi.gnated ~en.iads p~ci.on ~a the S.ina,C due date, with on w.%thaut ~h.e ~aymerrt os a ryc,%on nede.mpt.i.an pnem~.um. II. Background: • Th-~.s camm.cttee a~pnec,%a tes ghat the Caunc t,2 hays .the ~r t.ght ~a be ~a.~it•,ica~ and ~rne~ent~ .vs~5ue~5 a~ the mo~s,t advaritageau~s ~tme. However, great concern ex,i~s.t~s avert. ~h.e eurnec~,t pa.P.,t.cy as a.P~.aw~.ng the "gear" ~a dee-ide maY.tehs ag ~~sueh great .im~a~r-tanee. Through vatu.ous d.%scud~s.ians, .tt ways unan•imaus.~y agreed .ta encaurur-ge the ~schedu.P_.ing ag e,Cectran3 when the ma~artity ag va~e~ are ava,i,~ab,2e ~o decide the .cs~sue. TO STGNTF~ THE EXTREME CONCERN REGAR~TNG THIS MATTER, THE FOLLO~ITNG MOTIONS WERE INTROIJLICE~ ANiI VOTED C1PON: ~ _ III . Nis jori ty Opinion : ..-: ~ • ~ ...MOTION # 1-.° _ - . No e,~eeti,an gar debt ~.s ~ va.P,id un.~e~s~s 336 og the neg,~s~ered e,Cec~an.~s vole an the debt. .~ TN FAVOR--~INANTMOUS, w,cth va~ing by [~leusa, Cara~se.~.P.i., La~.in, Ruagg, Thamaa, Bai,~ey .. S.te,inbeng, W~ute. {'Donovavt, Ruder, S2ev.%n absent) . MOTION #2: The Chaxten ~shau.P.d ~spee,isy ~ha~t the Tawn Counci,2 can ha.ed e2ecti.ayr~s an S.inanc,ia..2 ma.~tert~s ovt,Cy when the ma,~a~rity aS the ePec~onJs are .in dawn an a~ the ~i.me as another e.2ee~i,an. IN FAVOR-Canab22P.i., Ruder, Bai,~.ey, Donavan, Ruagg, S:Cev.c.n, Thama3, We-i.<sd. {Glhite ab~sev~l OPPOSEa --La~.in, S~e~.nberg. MOTION #3 - Caunc,i.P., ass a master og pa.~i.cy, ~sha,~.e. hat'.d an e,Lecti.an negand.ing the .issuance as debt a~ .such a -~,ime. when the ma,~ani~y ag the neg.i~s~ered e,~eeta~ w.%P,~ be ava.i.2.ab.22 .ta vale. TN FAVOR-Lapin. OPPOSED -S~e,inbelc.g,,Caro~Se.Q.F,i., Ruder, Ba.i~ey, Donovan, Ruagg, S~.ev.in, Thama~s, Gle~us~5. {White ab~s ent) •. The ~a.irrt a g a,~.~ a s ~he~s e ma.ti.ayvs .its ~a ex~ane~s~s the eamm.%ttee' ~s grave cance~.n and •~ •, ..inab,~,P,%ty ~a •came up with a ma~,i.on ~sati~sgactany ~a a:?:~.. BILL PyKA DILL BE CONTACTING CML TO ASCERTAIN THE LEGALITIES OF THE 336 2uESTT~N.. MOTION #4 ~-:•Tlyi~ .cis ~h.e -g~ina,C ma~%an "ay~~naved unarrimacvS.Cy by a.P.e memben3 except • Wl~,ite,• who wa3 ab~e~.t. Th~ma~,%an ~s~a.nc[h a.s the Cha?t.ter Camm.i~,tee's~ necammen- - da~,i.a~.r~a Caunci;P.: The Chcuttex. w.ushes ~a empha~s.iz.e .that e~ec~,iavus on debt .shou.~d be p,2a.nned ~.n such a manner a~5. ~o max..im-ize;:~~.~he vale an ~ha~ .i~s~ue. . ', .. :.~. :~ .-; CHARTER REVIEW COMMITTEE JULY 19, 19$4 I. Charter Section/Topic: SECTION 11.1 - ACITNORTTy TV LEUy TAXES: The coune,i,~ may ,levy and cad?.~ec.t ~a.xe~s w.i.tGr.aut .~irn~itatr.an a~, .to amauvrt far mun~i.c.%pa~ punpo~5 ~ wGuch may ~.nc,2ude bud ~ ha.~.L nod b e .P.im.i~ed ~a : g enen.a-~ ad va.~onem pno~etc-ty ~'u.xe~, .aa.~e3 fax, ~ e fax, bed ~a.x, accupa~i,on ~a.x, exc~i~s e ~a.x. No .aa.2e~s ~u.x an bed ~:ax ~sha~ be .~evded a6~ter the adap~i,on a~ ~h,~s Charc~eh, un~.t,2 auch ~a.x ,sha,P.2 have been approved by a majatr.<,ty a~ the ne~~~ered qua.P.i.~~.ed e.2eetajr~s vo~`.ing a~ a re.qu~a~. ar ~5pee,i.a.~ e,P.ec,ti.on. II. Bac~Cground: Taxa~i.an w.cthoc~ .?,im.(~atlon and ,i.n an uncarrtrc.o.P~ed mannelr- -us nab pa.La~a.b.~e .~a outc v o~etus . Lim,cta~i.o ~vs need ~a b e ~s et. r III. Majority Opinion: The .t~~5ue a~ ~a,x .P,i,m~.tati.on wa~5 d.i~scu~aed a~ grew .Ceng~h 6y the e.omm.ittee -~~ ~, .:.:°r,T-,. --..:.:: - - ... ...~.., ~~._, .. ,;:~ po.~X. o~ the comm.fttee ~.ncLt.ca~ed a :5~c.ong deh.ctce an the. p~ .off the camm.cttee ~o .~im~,t the eounc,i.~' 3 #a.x.cng •ab-i.Ci~y ab. nepa~ed ~n the May 2~~h m.~nute~5: "The ma~a~y bee•P.i.ng -us ~ta~ any ~a.x ~hau•2d be va~e.d on by the peap.Ze,."`~:~I~n fzeep.~.rcg w.c~h ~5~atement, -the m.~nor.ity propo~e~s the ~o.?.~.aw.ing ~.nguage doh ~hi~s ~see~i.an: The caunci,~ may .levy and ca.~2ect ~a.xeb far mun.i.cipa.C purpa~se3, wlri.ch may ~inc.Pude, 6u~ aha.2,2. v~o~ be ~2.im-r',~ed ~a: gen2lr.a.~ ad va,Carem p~.ope~y ~a.x~s, ba~ea ~a.x, use . ~a.x, bed ~a.x, o ecupa~.a n fax, and exci~s e fax.. - . No new .tax a~ any {corm on de~selr-i.p~:i-an ~Sha.P.e be .2ev;i-ed or no ex-i,6~•t.ng fax rake . .~ha.~ be ~.~tcn.ea~sed w.cthau~ the appr.ava.L o5 a majar.%ty o~ the reg.~.s~e~r.ed .qua.P~i.~~.ed . v.,P.ector~ vo~,i.ng ~ at a regu.2an on ~5nec,ia,~ e.2ec~.on. - .' Counci,2 .us graded the authonitg ~a .i.nctcea~5 e the ad va~.orem tax each yewc according - ~u the use .2im.cta,ti.an nu.ee a~ 7 pen-cent, Th.~s .~un.ct may be exceeded w.i,,th the appnava.~ as .the majarJity a~ the reg.i~~ered qua.~i.~tie-d e.2eefta~u va~,i.ng a~ a negu.Q.an or apee,i.a.~ eeeeti.an. . ti Votes Cast~by the Following: CanadeQ,P.i., Lap.cn, Ruder, 13ai,eey, aanavan, :'.uo~$, S~.ev~:n, Thomab, V;l,:,i~~. (:1:~,c:;~e abb2nt1 :~ IV. Minor~tY Ouininn• -. • ~ Uotes Cast by the Following: S~ei.nbeng. CHARTER REVIEW COMMITTEE Jl1LY 19, 1984 I. Charter Section/Topic: SECTION 13.2 - LIABILITY G1= TffE TOf~N: Na. action fah necoveny a~ cam~ensa~.%an fan pe~rsana~ ~.njwcy, death, on ~rr.opel~ty damage aga;%ns~ the dawn an account a~ ,its neg.~,t.gence ox a.then ~a~ct ~ha~2. be ma.%rita,Lned u~t.~.ess wn,itten no~,%ce o~ ,the a.~.2eged ~;ime, ~.P_.a.ce and cause o~ ,in~uny, dea..th an pnopenty damage ~ g.iven .ta the .fawn. e,2en~Z by the pen~5an .in~cviced, h.i~ ages.on a~,tanney w.c,th.in ninety (40) days o~ the aceu~vr.ence cau~5.ing the .~n~w~y, death, an tano~vhty damage. II. BacKground: [ly~an rceeommenda~%on o~ Swan G~ci.~~~itlvs, genena,~ courvse,~ fan. Ca.Canada Munticiy~a_2 League, ~a being the dawn ec,vcn.eN,t.. III. Majority Opinion: MCTIUN PASSEII, w,%tk ~irne shame beeom~i.n.g 1k0 days o~ ~h~ ocewr~.ence. . d ~ Votes Cast•by the Following: Thomas, S.Lev,in, Lapin, Ruden, i~uo~~, f~h.%te, G1e,%as, iUei~s, 8a,%P.ey, S~einbe~rg. (Donovan abse~.t~ IV. Minority Opinion: -. .. The ~,%me ,P.i.m,it o~ no~i.ce a~ death ah .in,~utcy 2ead.ing~ ~~ ~di~sab,i,Zity sha,P.~ be ant yeah. The Tawn C.2enfi sha.P~. nod ne,~ ect the no.ti..~.iea~,i.on ion any xe•adan,- but aha.P,~ du,~y neeond the na~,i~.ica~,ion•and subm~..%t ~o the Tawn A~tahney. .,.. • ,~ . ~ Votes Cast by the Following: Canoae,PX,i,. CHARTER REVIEW COMMITTEE JULY 19, 1984 i. Charter Section/Topic: SECTT~N 13.5 -EMERGENCY PCwERS= Tn cap e. a ~ n.i.a~, .irk utv:. eeti.an, an exfilr.aand.%nany emeng ency, the dawn manag 21r. ~ ha.P.e ab~sume the au thon,ity .ta exeeu~e any ac~,i.an nece~sbany fan the ra~ta~ec~.i.on a ~ ki,~e and ~r.a~en~y. Such au~harc.%ty may .iytc.eude bud na.t be .~im~ited ~o e~s~ab.~,i~slzi,ng negu.?_a~%anb gave~r,n%ng canduc~ and ac~,i.v.iti,e~s ne.Qa~ed ~o .the cawse a~ ~lr.e emen.gency, and ~.~ the em ehg ene y d,irtua,~t.an cant%nue~5 , the dawn manag eh. ~ ha.2,~ eo nv ene .the counci.e wha may ~cc.Fze such act,%an cus .ct deems nece~~cvcy. Tn the event ,ct beeame~s nece3aany, the .?,%ne o~ ~succes~,ian ~nav~,ded ~,n Sectc.an 73.6 ~ha.Y,~ be ~v.22awed. II. Background: III. Majority Opinion: MOTT(lN DEEE~4TED TO AMEND Tf~TS SECTTUN, • F'nom a ~nac~i.ea.2 ~a~.nt o~ v,iew, ~.e down managersr. and/an b~a.~~ ahe ph.abab.~y the b.c~r~,~ ~a nP,spand ~a an emercgency ~s.i~ti,a~.. The .2a.hguage .i.n .this .bee~%on ,us b.tccndcvcd. :~ ; Votes Cast ~by the Following: Glh.%te, La~.in, Rua~y~, Ruden, S~e~.nbeng, S.~ev.c.n, Ba~i,e.ey. Donavan ab~5erit. ` IV. Minority Opinion: The mtinanirty be~%eve~s ~hi~ :~see~.c`.an .cs ~aa vague ,i,vc•-~he .language ne,2.cc~.i.ng ~a "ex,~ca.andtintucy. emenge.ncy" and .us ~'cia bnaad and amb.iguaub tin de~~.n%ng the ~awelr~s and authan.cty a~ .the dawn managers. Lei ws .2aaiz .a~ the meavu.ng a~ "eac,~caandtncvi.y emengeney:" Ex~ca.ondtincvr.y .cis de~,%ned ass: beyav~~ cuha~ ,us u~ua~ an and.Lnany, and exce~~,%ana~ .Ln chanactefc, amaunt, and a.x~ent. E+nengency .cis de~.Lned ass: a sudden, tvcgent, wsua~y un~one~een aeeunence an acca~s.~an heguilc.ing .cmmed.%ate actt.an. Tlzi_b phna!se, "e.~icaand,i.nany emehgency" nequ,ih.e~ ,{udgment a~td eva.P.cca~.on a~ ~Gr,e a.ctua~ian on e.vrcumh~cc.nce a~5 ~o haw exce~~.i.ana~2, ~a whin degnee and ~a what extent, and ~h.en ~a ~a.he aetian aceand,Lng,2y. The ,~udgmen~ a.Zsa nequ.ih.e6 a de~enm.i.ru~,tian .i~ unu~5ua.~ b,itua.~ian Jigs ~a cavLti.nue ~.n dime an ex~und ~.n space an geagna~hy an ~.ne~cea3e .in ~.ntens.cty. Th,%s de~enm~,na~ian wau.2.d a.P~so ,in~.2uenee the a~ti,an ~a.hen. Nawevelc, .th.us deet,%an pnov,cde~ no gu,%de~.ine~s ,in detejun,in~.ng the berri,aerbne~s~s a~ ~h.e . ~.ctua~i.an and the ca~t~s~and,~ng ae~,%an wh.i,eh wau~.d ~be ay~~na~n.t.ate. fie can agnee ghat .thene arse di~~ehent .~eve.Zs and fzi.nd~ o~ emercgene,i.e~a, nang~.ng ~nam an .%nconverrienee an an awtamab.i.~e accident ab~5~c.ucting, a naad an .i.nteJuseeti.on, and ghat .tlzi~s .6.i~uati.an can became mane dangehacus w-%th the }~a~5~.i.b.i,~,ity a~ ~.cn.e. A gneaten dangeh may be a mud-~.~,i.de which endangeJc.B .?,%~ye and m.iglzt nequ.vt.e evaeua- ~,i.on a~ ~eap.~e. And ~h.ene ~u5 a widen-~~nead~and gnea~eh dangers .ta .P.i~e and napelrty tin a ~c.%a~ an .t`vswvicectt,.an. {can~%nued an Bach} 1~otes Cast by the Following: Thama~5, Glec~5~s, Canaa e,2P.i. {who ab1 ec ted ~a ~h.e pnacedune a~ ~h.e va~el M.F,nan~ity c?p~.n.~an, can.~%nued: The a.cLtomab.c,P.e acci.de-tit, even with .the ~hnea~t o~ ~Jvr.e, ~ .eim.cted .in drape a~ ~.n~tend.cty,. geagnaphy, and .time. The d.ctcca~i.an .cs na.t uncamman and .rd hand.2ed ~.n a Sa.i~y nau~.ne ~adh.i.an, na.t nequ,cni.ng dpeci.a,Q. evaQu.a~.c:an an ,judgment a~ .the .s-r.',tu~att.a n. The mud-a.P,Lde d-%tua~,c.on ~ vane delUi.ac.~s because ~ dae~s nequ,ur.e ,~udgmewt and eva.2uati,an beyond .the abv~.au~ ae~;i.an o~ ned~iri.cti.ng the naadd ~.n the .immed~.a.te area, pnav,c:d..i-ng a,~.d ~o ~ha~se -immedc:a~e,~.y a~6ee~ed by .the b.ifiuati.a~., ~foweven., the eva.?~ectr#,i,an a~ the d.itu~r;~,i.an nab an.~y needs dame exped~t~e .cn mud-d2,i.ded ~a detenmtne ~h.e podd.ib~2e scope an ~.r~terr~,cty, bud, dame ,~udgmertt ,ta ~a.fze aeti.an ~a pna~ect the ,Q,ivea and pnapenfiy o~ nab anZy shade pne.~en~2y ~.nva.~ved, bud .thad e who 6'eeame .i.nva.~ved. Tbii~s dec,i.b.ian .c,6 ar.iti.ca.~, beeaud e .r.~ muds be bu~~tic,iewt .to meet~~he needs w.cthou~ .cmpad.ing undue n.ed~di.efii.an an a~thefUs who arse rat, and w.i~ no.t, became .inva.~ved. [tJ¢. arse nese~ing ~a the need ~a evacua.t2 peap~.e, an hea~rie-t peap~e'd ae~,%vc~y. The abode a~ such a~,c;and cau.~d become unreadanab2e .ta .the ".i.nnacent" un,i:nva.~ved. In ~enmd a~ ni.a~ and ~.n:~unree~i.an, aga.~n the a~#,i,an ~aFien even unduh hush severe and dtcad~,i,e cand~iti.and muds an.Q.y meet the needs a~ .the d-c~tua~,ian and .nab .c,mpade hahah and undue hea~di.~and ~a shade nab .inva.Zved an endange~.ed. Ad an exam~.~e. a h.c:.a.t ,c.n lVea~~ Oai,P, may nequ-ide ne~5.tit.i,e.~,i.ng pea}~~2e..~ynam the area,,, an even a -- - -cur~ew o~ hed;C,den~iS ~.n .the area, bud ~hen.e wau.~d be na need ~a ~.nva~Ze ~~ueh he~s,t~Ui,Gt~i.a~ ~dn .the wha.~e Town a~ Va.i.~; box even under exttr.eme eand.cf,%aivs, ,ct canna b.e .the nebpanJs.iby an authorzity a~ the dawn manage~e ~a 2_im.ct the n~.gh~ a~ a~demb.~y, an suspend the n.igh~ a~ p~vacy, an search w.i,~fhaut a wa~vr.ant, an add:ea~ w-i.~hau~ a change, ad m.igh~ be Jcmpaded under mad~,ia.~..eaw. The examp~.ed, gay appears dnamatri.c an ex~ir.eme, bud ~ha~ .v~ exac~t.y the pa~.nt a~ concern: ~h.e dawn manag eh adm~.wi~,~en.i.ng dim-iced an udua2 acti.and .in an emed.g envy Jc~s one cavrdit%an; brrt :the ex~end.ian a~ such au~han.ity ~a a2.~ emergencli.e,~ v.ia.2.a~ed 'the vent' essence a~ demacrcatic gavennme-~.t .i.vc which .the e~.ected nepneden~afived have the au~hun.ity. The rn.inUn.%ty ~ceque~.t,~ ~ha~ ~dce .language a~ ~hi~ dee~i;an be changed .ta ~im.c,t the acti.an a~ the dawn managed. ~a adm.tvci~~'tcd.~,i,ve acfi,an ~.n eme~.genc.ied, and ghat he mud,t na~i.$ y the Caun~i.e, who mud.t ~Gten meek ~a de~enm~:ne the ex terms a~ the em~c.g envy and ~a.1ze such ac~c:an a~5 deemed neceadary. A~ pne.aent, the ~La.nguage.d~teb: ".the dawn manager dha.Q.2 assume the authanity .to execute any acti.an .neeeaaary fah the p~ca~eetrian a~ .Q.c:~e and phapenty.." Th'i,h g~.ve~s the dawn managers abda.2u~e au~h.ah,i.:ty aved. any d.i ~ua~,i.an, which an.2y the dawn manager, eva~.cutted and. de~ehm.i.neb.. Thad p.P~zeed pawed, and nebpaws,i.b.c.~.ity ~.n .the .fawn manager wh~.ch..c,a nab -even p~rmi,~ted our h.ighea~ e.~.ected .a~~~,c_ia,~., the ~Pned,c.dent a5 the united S~ateb. ' . M • CHARTER REVIEW COMMITTEE JULY I9, I984 I. Charter Section/Topic: SECTION J3.6 - CONT'INClTTy OF GOVERNMENT: The eou~.ciE' ~ShaZ~. have the pawe~. ~o p>c.av.ide ion cavr,~i,~iwity a~ gavelcv~ment .in the Tawn ob Va-i,E ~.n ,the everc~ as natuna.~ on enemy cawed d,i~sa~~en. Such power, ~sha-~ be emp.2ayed .in a manner wh.ieh w.E.P.2 pn.e~sercve nepneaev~a~%ve govetc-v~men~ ~.~. ~1ie Tacun a~ Va.i,P, and which w.i,~.~. pn.av.ide an ande~c~y .~.%ne a~ ~ucce~~s.ian a~ o~~.icelc~s, no~w.%t6i-- b-tund.ing the-pnav.v~~.an~5 a~..~lii.d Charc~en. Such ~suece~~s.ian ~ha.~. commence w.itGc .the dawn manageJc, ,the maya~. and ,the mayor pna hem and ~sha.P~ then neveht .to the caunc.iZ- men. by order a~ ~evuahity, ~Gien ~hnaugh an ande~c~.y .?,ire a~ ~suece~s~s.i.on o~ the adm.ivrv,~cati,ve de~a~ment heads. II. Background: III. Majority Opinion: MOTION DEEEATE'D TO AMEND SECTION. Again, nom a ptc.a.~ti.ca,2 ~s~:a.ndpa.cnt, the ~vwn manageh./3~a.~~ wocc.Qd pnabab.~y be ~h.e $~~ ~o ne~spand. In au~Y,ining the ~succe~s~s~.an o~ pvwen, the 5~~ cammuvrica~t:an gae~s ~nam dawn manager. ~a maya~i, and ,tlz{~ appears tcea,?.,i~s~,ie. IV. Votes Cast-by the Following: Wh.i~e, Lapin, Rua~~, Rudetc, S~e~inbetcg, S2ev.in, 8ai,~.ey. Donovan ab~s evzt. Minority Opinion: The m,inatr,%ty ,cs concerned abau~-:the ~sueee~s~s.ian a~ gavv.~cvunen~ .in "~he~ . ev en t a ~ ,2a~r.~ra.e a~. enemy caua ed cLis a~5.teii, -" This ~ ee~i,o n pha v.ide~s ~ha~ the dawn manager ~a.he3 ehaxge even w.rth the e.x,%s~ence a~ the e.~erted memberc+ a~ ~h:e Caunei.P.. TGtc~s earzt~r,adicts the ~.n~ent a~ ~-1~c,~s ,~ ec~ian, which ~s~:ate~s the Coune,~.P. dha~ have ~h.e power ~a "p~.e~selcve nepne~e.~tative gavernmevLt .in the Tawn a~ Vai,~, avid which w~ pnav.c.de an onde~y .P.i.ne o~~ ~succe~s~s.ian a~ o~~.icera." Ta ~a.P.~aw the die~ate "pne~serve nepn.e3entatfve gaveh.nmev~,t," the .Eag.ica~. .aucce~sa~ian wau.Ed be ~ha~ e.~.ee~ed nepnesevLtative~s ahou.2d ~.vus~ a~5sume cavitra.~ and he3pavLS.ibti2,%ty, ~s~cvr~,%ng w,i~h the mayor., mayor pna ~exn, and then xevent ~o the caunc,c~men by ande~. as ~eviiah.ity, a~~er which, the aucce3~s.ian neventa ~o .the down mavrager and then the appa.i.vrted membetr~s a~ the adm.ivi.i~s.fir.a~.an, The m.inax.~ty .augg.e~s.ts .that ~u~s .~a.nguage be changed ~o p.eaee ~h2 dawn manage~r..in ~th.e order o~ bucee3h.ian a~.ter the e.2ee~ed o~~.ieia,P~s, Asa .the -intent o~ pne~senv.ing nepne3ev~ta~i.ve gavehnment ,us ~a.2.P.awed. Votes Cast by the Following: ~~~~ Thama~s, Cara~se.?.~i (wha ab~ected .ta the pnaeedune a~ the vo~el ~ ~ Tc}: Va.i,e Tawn Caunc.%~ ' fRUM: A.~ Gleus~s, Ca.2 Thomas, and ~nanh Canoes e~P?.c. ~AT~: 16AUG84 RB: Add.i~i.ana,2. CvwS.c.de>cat,~.an.S fan the Cha~en The m.%nan.rty ne~5peeti.ve~.y aafza the caunc,~ .~o addnes~ the ~a.P_.eaw.i.ng .c.5~sue~s wGu.eh may be ne~so.2ved by and.~.na.nee na~hen ~Gian amend.~.ng the Chan~en: Budg et and ~~.nanee: A,2~. andcnance~s ne~etvu,ng ~a budget appnava~E, appnapn~ta~iaws, ~ran~~er a~ ~undb, and and~.nance~5 negarcd.i.ng ~~.nanc_ing nequ,tre ~~.ve va~e3 a~ caune.%2 fan appnava,Q. nathv.Jr. khan j u~s~ a ~5-tmp.~e ma j any. Budq e~ Me~~saq e: Seetc,an 4.3 d~e3 ~~ the dawn manager .~hae.P. "prepare and ~subm.{,~ ~a ~G+.e caunc.%~ a budg e~ and accompan yi.ng m es~s ag e. " 1~ .%b b ugg e3 fed ghat the dawn manager' ~ me~s~sage ,~a the 'cauncie nab be ~dr.e pub.P,cc me~s~sage negalr.dting the {~.~nancia,2 eand~i,#,%.vyt and p.2an ag the dawn. The m~.non-i,~y duppan~ the po~s~t:an ~ha~ the mayan be negc~,in.ed by and.~nance ~a p~.eaerr~ a ".bye a~ ~h:e dawn" me~sdage ~a the pub.P,i,c. Th.%a me~sbage wau.~d ,cnc.~.c.de the ~awn'~ ~.inanc.i.a,~ pa~s.c~,ian, an exp.~.ana,~,i,an a~ the p~.apa~sed budged fan the upcvm~.ng ~.usea~2 yeah, ,~nc,~crd.ing the eaunc,i,~`~s pa.~%cy on p.2a.nned expenditcur.e~s and nevenue~s, aelu,evement~s and .punned pnaject~s and ae~tiv~,ti.e~5. Such a me~s~sage ~shau.~d came ~nam the e.Cec~ed nepne~s en~a~.ve~s, wha make pa.~%cy ancf deci.b~.an~s, nab the dawn manager wha .cs • changed w,cth the adm.~n.i~s~ira.~,ian a~ the pa.P.,teie~s . Sums e.~ Ru.Q.e: A.?,~ ohdtinanceb have a ~ehm.i.na,#,%an dale, Th-i~s wou.~d nequ.i~r.e the caunc.~2 ~a ~,ev~.ew and necan~.ucm .2eg,i,b.~a~~,ian .in an anden,Q,y ~a~luan. The ~sarne hype a~ nc~e dhaued app.2y ~a aPX boand~s, eamm.is~s,c.aws, and eammc~ee~s appa.inted by the caunci,~. Such badi.eb ~shau2d either have a ~exm.inattan dale as a paw a~ the enab.eing andi.nane e, on have ~a j u~s~.i~ y .c,~.3 e.25 ev en y year an Ewa . Re~speet~u.?,Qy .bubm.c,tted, A.e LVe~vs.a Ca.~ Thamws - `. ~nanh Canab e.?,?,~. _.~ i 1 ~ r :~ .~ . , ,: } ~. • T0: VAIl.' TOWN COUNCIL FROM: FRANK CAROSELLI DATE: iSAli;G84 RE: CHARTER MINORITY REPORT ~~ The accompanying tentative version of the full Charter is presented side-by- side with the current Charter. It has been in prepara•~ion-over~-many dears, but~its~ present'version~is=an •updated ver,sion`of the one prepared in comprehensive view of the many discussions . ~ and debated .(some. very heated] among the members of the Charter Review Committee of interested citizens, the nucleus of wham were Michael Caccioppo, Frank Caroselli ("presiding), Arthur Kittay, Cal Thomas, Don Klinger, and Al Weiss. But more so, the present version gains comprehension and viability from the discuss.ions.~and debates of the Council's Charter Review Committee of Doris Bailey. (presiding), Bob Ruder, Gerry White, Rosalie Ruoff, Frank Caroselli, John Donovan, Tom Steinberg, Merv Lapin, Cal Thomas, A7 Weiss, and dim Slevin. F-. At no time ~',id either committee vote on either version of the tentative Charter. Sections of~~;:the Charter were presented as part of the discussions and debates on various issues, but only as one expression of the issue, The vote on'.,each issue presented in majority and minority report to the Council in noway +~as clouded by the tentative Charter. The vote was truly a vote on ~.the~:is'sue in. question, and my position on the vote is also truly on the issue . as it was stated. In this sense the majority and minority reports stand -wholly as i~ndepe~ndent from this report on the tentative Charter, even though some of th~e,.ssues; as expressed, are little different from their expression in the tentati,~~e Charter. In essence, then, we can take the majority report; the minority report, and the tentative Charter report as comprehensive of the work of the Council's Charter Committee. The tentative Charter was prepared to reflect the following principles: 1} A Charter is a constitution of municipal government by which a people delegate powers of•"government to elected., officials, by which the officials abide, and by .. which the people abide as the officials make law in accordance with the Charter. 2) All power to govern is vested in the elected copncil with the mayor as chief executive. z 3) A town manager must be appointed, and he derives administrative and executive power as it is delegated by the council. 4) The people's right to rule is preserved not only by the context of the Charter, but primarily by the initiative and recall, and secondarily, by the provision of the Constitutional referendum where proper, i.e., taxes, bonds, etc. 5} Districting as an essential principle of democracy is outlined. i~ e ~ ~ ~ . 1 yy~ ~~ H .{ ¢s 1 .. Charter Minority Report/Frank Garoselli August 1.6, ,,I984 Page Two t Vii. 6~ Public'~eetings are provided, of two kinds. Qne, a bona fide public meeting to discuss atters of deep concern to the people; the other, the public partic- ipation at all council meetings at which the council votes. 7} Fiscal~~~Responsibility - the context of the Charter outlines a government of fiscal res,ponsi bi 1 i ty. The tentative Gharter is written as a people's document, modeled on the Constitution of the United States and al] of the principles of democracy we have inherited irom some 4aC year`s experience in such principles of self government an awesome experiment, which this Charter should do all it can to preserve in order that'our democracy will endure in a quite hostile world. i... L ~ A,. F' Respectfu]]~:submitted, Frank Garos~''i 1 i ti; :'. f' .; ..~' t, :~ .~.at ''.i F' ~,,~' i, ,~ ' !~ i ,~ `Charter, 1972 ~, > PARTICLE I GENERA!. PROVISIONS Section 1.1 Name and Boundaries The municipal corporation heretofore existing in Eagl' County, tf~e State of . Colorado, and kn~wn as the Town of Vail, shall remain and -continue as a body politic and corporate under this Charter with the same name and bq~undaries until changed in a manner authorized by law, f i ;;: iti„ r, •~v ..~~ ~~~~ , Section 1.2 Municipal powers The Town shall have all the powers of 1 ocal sel f government and hone rule and allpawer passible under the-Constitution, and the laws of the State~of Colorado, The Town shall and may exercise all muni-' cipal powers, functions,'rights and pri- ._ vileges of every nature whatsoever, The enumeration of particular powers in this Charter s~hal1 not be deemed to be exclu- sive of others. Tentative Name and Boundaries The land area in Eagle County of the State of Colorado, known as the "Town of Vail," sha7~ remeain known,~under this Charter, as the "Town of Uail," The bound- aries shall remain in same., the boundaries of the said land area; and the people resi- dent within the. boundaries shall remain, in body politic,~~-the "municipa"l Corporation of the Town of Vai`[," Note:. Nail is now a City because it has a population of mare than 2000.} jThis means that the Town Attorney shall inform the Secretary of State of this change of status, The Secretary then verifies this population status, and if found correct informs the Governor who is required~to . issue a proclamation that Vail is a City. Then, if Vail does not plan to change the number of its members in Council to admini- ster the larger population, the only change to City Government is a matter of changing the "seal" and the office stationary. In Fact Vail can still go an calling itself the Town of Vail even through "officially" it is a city,) Delete this Section. Reasons: The people are the sovereign authority of their power to govern them- selves, No one or no document grants them this power, Instead, by this Charter, the people grant certain of their powers to their organized government, and they retain a71 others; The Charter is the organic law by which those wha serve in government must abide as they exercise the power granted to them; and in their turn, the people abide to this exercise of power they have granted,} I f j ~Y ,~h~ rter, 197 ,~ Section 1.3 ~Ri~~ghts and Liabilities By the name of the Town of Vail, the municipal corporation shall have perpetual succession; shah own, possess and hold all property, real acid personal, heretofore owned, possessed and held by said Town of Vail and shall a~sume and manage and dis~ pose of ail trus sin anyway connected;. shalt succeed to~all the rights and lia- bilities and shall acquire all benefits and shall assume and pay all bonds, obli- gations and indebtedness of the Town of Van s by the name of the Town of Vail, may sue and defend, p1e~d and be impleaded, in all courts and place, and in all maters and proceedings; may;~have and use a common seal and a7 ter same at p1 easure, i;.. Section 1,4 Farm of Government The municipa7`government provided by this Charter shal;~ be known as Council- NEanager Governmeri€t, , Pursuant to the Charter provis7on~s and subject only to limitations imposed by the State Consti- tution and by this Charter, all powers shall be vested sn an elective council which shad l enact ~1 ocal l egi sl ati on, adopt budgets, de;~,ermine policies and appoint the town~inanager who shall execute the laws°:~nd administer the town government. ~,~'~All powers of the town shall be exercised in the manner prescribed by this Charter, or if the manner be not so prescribed, then in such manner as may be prescribed by ordinance or resolution or as provided by othe app] icabl a law, ARTICLE II ELECTIONS Section 2.1 Colorado Municipal Election Laws Adopted Tentative llelete this Section. (Reasons: This Charter provides that these powers of government be placed elsewhere in this Charter.} Form of Government In simplified description, this Chart provides the fallowing form of government "An elected Council which appoints a Town Manager," Delete remainder of this Section, Reasons: See reasons under Sections 1,2 and 1,3, In this Charter, the people delegate their authority to govern them- selves in local (municipal} matters, The State remains the government on all matters that are of statewide concern, Although the dividing 'fine may be quite fine in same matters, this Charter cannot evade the line but moreover makes the line clear wherever it can.} Colorado Municipal Election Laws Adopted Town elections shall be governed by the Except as otherwise provided by this 3 Charter, 1972 Tentative Colorado Municipal Election laws as now Charter, .a11 municipal elections shall be existing or hereafter amended or modified, governed by the "Colorado Municipal Election except as otherwise provided by this ~ Cade of 1965" as it now exists, and as it • Charter, or by ordinance hereafter enacted, may hereafter be changed. i Section 2.2 Non-partisan Elections A11 special and regular elections shall be non-partisan. No candidate far any municipal office shall run under any party label. Section 2.3 Municipal Elections A regular municipal election shall be ~eld on the third Tuesday after the third Monday in November of 1973, and biennially thereafter. Any special municipal election may be called by resolution ar ordinance of the council at least thirty X30 days in Among other things, the Code provides: ~a} the powers and duties of the "Municipal Clerk" as Chief Executive Officer of the Election Commission; fib} the qualifications and the registration of electors; {c} the nomination of candidates to municipal office; ~d) Judges and Clerks of Elections; (e) notice of elections; ~f} conduct of election; (g) absentee ballots; (h) challenge of voters; (i} canvas of votes, direct and absentee; contest of election; ~k} election of offenses; and ~l) statement of candidates' expenses. At least thirty .~30) days before any muni- c i pal election, the Municipal C7 erk s hal l obtain at least one copy of the municipal election laws for each set of judges, and shall obtain at least one copy of the simpli- fied manual of Election Procedures for each judge from the Office of the Secretary of State, The Judges and Clerks of Election shall receive compensation of no more than two do l1ars per hour for the time served on the day of election. Delete this Section, Reason: This provision is an abridgement of the freedom of speech.) Election Day A regular municipal election shall be held on the first Tuesday of November of every even numbered year to coincide with the general elections held nationally, No special election may be held within 4 Charter, 1972 advance of such election, The resolution or ordinance calling a special municipal election shall set forth the purpose ar purposes of such election. Polling places for ail municipal elections shall be open from 7 a.m. to 7 p.m. on election day, Tentative sixty..(6Q} days prior to any other munic' al election held wi thi n the Town; nor steal y special election be held sooner than six y X60} days after any other municipal election is held within the Town unless the special election is held in conjunction with and an the same day and at the same polling places of the said other election, The day of any special election shall be a designated Tues- day, A special e7 action steal l be called by the majority resolution of the Council who shall use as the "base date" far the election the date an which the Municipal Clerk deems and holds the Initiative petition as sufficient. A71 special elections steal l be held pur- suant to the following procedure: '~. No sooner then thirty (3Q) days, nor later than forty-five days after the "base date"' there shall be held a public mesti~ called by the governing authority;.at when the Mayor or Deputy Mayor shall preside, and at which all issues and full disclosure of the purposes of the special election will be discussed in properly moderated discussion. The Council shall not convene itself into meeting at and during the public meeting. 2, Notice of-the public meeting and its purposes shall appear at least twice in a newspaper of general circulation in the Town prior to the pub1 is meeting, 3. The special election shall be held no sooner than thirty ~3Q) days nor later than forty-five (45) days after the date of the public meeting. 4, Notice of the election date and its purpose shall be published at least twice in a newspaper of general circulation in th Town prior to the date of the election. 5 n n Charter, '1972 Section 2.4 Election Precincts The town shall constitute one voting precinct, provided that the council may, for the convenience of voters, establish additional, precincts forty-five (45} days or more prior to any election, by ordinance, The precincts sa established by ordinance shall remain for subsequent elections until otherwise provided by ordinance. Section 2.5 Election Commission An Election Commission is hereby created, consisting of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or can-~ didates or nominees for elective town office. These two members shall be appoint- ed by the counci'I~in the first December fol i awi ng a regu7 ar toxin el ecti on,"for a term of two (2} years and shall serve with- out compensation. The town clerk shall be chairman. The Election Commission shall have charge of a71 activities and duties required of it Tentative Election Precincts and Wards The Town sha11 be divided into at least servn* and into no more than nine* precincts of approximately equal population to provide for proportional representation on the Council based on the principle "one-man: one-vote." No precinct shall differ in population by more than 5l from the popula- tion of any other precinct. '. The precincts shall be combined into four election Wards; broadly comprising, but not necessarily, the districts: East Vail, Vail, West Vail, and Intermountain. Each Ward shall have its own polling place; and the electors resident in each Ward shall vote in no other Ward, and may vote only for those candidates who will represent their Ward in Council; and for those candidates who are "running at large." The Town shall be re-apportioned into precincts of proportionate representation in Council each ten years after the taking of the national census, and in time far the next succeeding regular municipal election. (*These numbers should be reviewed and cha Election CDmmi55iDn nged~ By this Charter, the 1='lection Commission shall remain in office. The Municipal Clerk shall be the Chief Executive Officer of Elections, and of the Commission. The two Commissioners, appointed by the Town Council, shall serve their full terms. The Town Council shall extent the term of one of the appointed Commissioners an additional year;.and thereafter appoint one Commissioner, each December, to serve for two years. Neither of the appointed Commissioners shall serve in any other capacity in the Town government while yet serving as ,i ~~ ~i. ~t ;~Ch~arter, 1972 <; by statute andtthis Charter relating to the conduct of e7dctions in the town. In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to~be followed: The. Commission s~~all provide procedures to establish praof~~f residency qualification where residency 's in question, Upon a showing for good cause, the Election Gommis~ ~sion may requiri~ proof of residency by any person registered to vote or,attempting to register to vote in the Town of Vail, Said person .shall not be qualified to vote in any municipal election until the Election Commission is sa';tisfied that he has presented sufficient proof; of residency as required by law or ordinance adopted pursuant to this Charter. ~~, The Election Commission shall provide for ballots and sample ballots or voting , machines, for determination of the winner in the event of ~~,tie vote, for canvas of returns and for ~,he issuance of appropriate certificates, ,ti, "~ E. Section 2,6 Recall ,~,. ~; Any elected officer. of the town may be recalled at a,ny time after six j6) months in office,"by the electors entitled to vote fora successor of such incumbent as provided for in Article XXI of the State of Colorado Constitution, Consistent with the Constitution and this Charter,`the Council may provide by ordinance for further recall procedures, ~~ Tentative Commissioner, The appointed Commissioners sha17'~serve without compensation as Com~ sioners; except that on any election day they shall be compensated as are Judges of the election, The Election Commission shall have all the powers and jurisdiction provided in the "Colorado Municipal Election Code of 7965'r as the powers, the jurisdiction, and the duties of the Council, the Election Judges, and the Election Clerks respecting all Town Elections, except that the Commission does not have the power to call any municipal election, The E1 ecti on Commission shall : ~1 } appoint Judges and Clerks of Election for each polling place at least fifteen (15} days prior to any election; ~2} provide sample ballots, ballots andJor voting machines; (3) issue certificates of elec- tion; and {4} in the event of a tie vote shall determine the winner by lot in the presence of the tied candidates, Recall ,The following Tentative Charter contains provisions of Article XXI:} Any elected officer of the Town may be recalled in accordance with the following provisions: ~a} Na recall petition shall be cir- culated or filed until the officer sought to be recalled shall have served at least si>, [6} months of the officer's term of office, fib) The petition far the special reca election shall be signed by electors anti ed to vote fora successor of the officer sought to be recalled, and the number of signers shall be at least twenty five ~25~} percent Charter, 1972 Tentative of the entire vote cast for all candidates for the office occupied by the aracumbent sought to be recalled. ic) The petition shall demand that the recall election be al so an e1 ection for a successor to the officer named_ ~d) The petition shall contain a general statement of not more than two hundred (ZDO) words of the grounds on which the recall is sought. It shall not be necessary to state official misconduct, Rather, it is sufficient to state:. "Dissatisfaction," without stating its reason. i fie} The official ballot shall provide: [7) The recall question: "Shall 'name' be recalled from the office of `title of office'?" .~2} This question shall be followed by the words "-Yes" and "No" on separate lines with a blank space to the right of each word in which the voter's choice may be clearly marked;. ~3) Below the question, the names of the candidates nominated to succeed to the office shall be listed in accordance with the "Colorado Election Code of 19Ci3 Sections 7 -6117 D, -114, -111, and -117;" (~} The statement (d} above of the grounds for the recall; ~5} 1f the officer named in "1" above desires it, a statement justifying the officer's course in office; and (6) A warn- ing that a voter that omits voting on the question at "2" above makes void the ballot as a vote for any successor candidate. The officer sought to be recalled cannot be a candidate on the ballot. Any person having authority to exercise or exercising any public or government duty, power or function, but does not hold elective office may be recalled in accordance with the fallowing provisions: ~a) The petition for the special reca7I election shall be signed by the electors of the Town, and the number of signers shall be at 7eas~t five ~5%) percent of the total registered electors of the Town, $ ,. Charter, 1972 ARTICLE III COUNCIL Tentative jb} The petition sha7'l meet the con- dition ~d) above, i (c} The officia`1 ba`]7ot shall meet the provisions "'1,,~ °2," "4," and "5" of (e) above, In the event the.recal'1 election is voted in the negative, the officer sought to be recalled sha`11 remain in office, and the Town sha11 reimburse the officer for any reasonable expenses incurred in the e7 ecti on , If during the recall procedures., the officer sought to be recalled resigns from office, the recall procedures shall be aborted if the office is non-elective; and shall proceed as scheduled if the office is elective, Section 3.1 The Council The legislative affairs of the town shall be vested in a council consisting of seven (7) councilmen all of whom ' shall be nominated and elected at 'large from the town, Section 3,2 Terms of Office The terms of office for councilmen shall be four (4) years provided, however, that no council man shall serve for more than' (8} consecutive years. In the regular municipal election to be held in 197.3, the three ~3) candidates receiving the highest number of votes shah be elected for four year terms and the four ~~) candidates receiving the fourth, fifth, sixth, and seventh highest number of votes shall serve for two-year terms, In the muni.~ ci pal election to be held ~ n 1975 and The Council The Town Council shall consist of one ~1} representative from each of the election precincts of the Tvwn, at least three (3) members elected at large; and a Mayor also elected at large. Terms of Office If a Ward has but one representative in Count il, the term of office of that representative shall be four years. ~f a Ward has more than one representa- tive in Council, 2nd the current electio must provide far two ar more representat~ s to fill vacancies for that Ward, the candi- date scoring the greatest number of votes shall serve four (~) years, and all other successful candidates shall serve two years. i ~ ,, ~ j f :r Charter, 7 972 ,{ thereafter, tf~~e three (3} candidates receiv~ ing the highest number of votes sha11 be • elected for four-year terms and the candidate receiving the fourth highest number of votes shall be elected for a two-year term, 'If a vacancy exists,~those candidates receiving the fifth, sixth, and seventh highest number of vatesk depending upon the number of vacancies to~be filled sha17 be elected for two-year to ms. '' t I ~, s~ Section 3.3 Mayor ~. The mayor sh~~l be elected from the • duly elected cou~'cil by a ma~jarity vote at its first org~nizatianal meeting to be held within seven (7) days from the election, and shall serve at the pleasure of the council for a two-year term, The ~.,. mayor shall preside at meetings of the council and sha11,: exercise such powers ~~ ~ and perform such 5iduti es as are or may be conferred upon him by this Charter or by ordinance or other app'! i cabl e 1 aw. He sha11 have all fE~e~ powers, rights, and privileges of a council member including the right to vote; however, his vote shall be registered after all other votes are cast. He sha17 be recognized as the . head of the town government for all cere- monial and legal purposes and he sha11 execute and.authenticate legal instru , '"ments requiring his signature as such official. In the event of a vacancy in the office of mayor, the council shall • choose his successor, 9 Tentative If the apportionment of the Town into precincts of proportionate representation in Council results in a Ward that is now represented in Council by more than its newt yallotted number of representatives, none of the incumbent representatives sha11 be removed from office, and all shall serve the full of their elected term. I~, on the other hand, the apportionment resu7 is in a Ward that ~i s now deficient of its allotted number of representatives, the Counci`I sha11 call a special election to correct the deficiency, but the public meet- ing pursuant to such election, Section 2.3, may be omitted, and the "base date" for such election sha11 be the date of passage of the ordinance of apportionment, Mayo r The election of the Mayor shall be an election -From candidates for Mayor running at large in all election Wards of the Town. Powers and guties of the Mayor 1. The Mayor shall: serve as the head of the people of the Town in all ceremonial functions. 2. 'The Mayor shall: preside at all meetings of the Council. 3, The Mayor sha11: provide that all ordinances are enforced as laws of the Town in a manner that liberally construes the intent of each ordinance as expressed in the ordinance, The Mayor shall delegate the administrative authority of this power to the Town Manager if directed to da so by the Council by a two-third resolution with the Mayor abstaining from the resolu- tion proceedings 4. The Mayor shall: be the Police Commissioner and Chief Fire Marshall. The Mayor shall delegate the administrative la Charter, 7 972 Tentative authority of these offices to the Town Manager if directed to do so by a unani-~ mows "advise and consent" resolution of the Council with the Mayor taking fu11 part in the proceedings, 5, The Mayor shall: provide and main- tain current a71 Zegal documentation of a17 property real and persona, owned, possessed, and held 'by the "Municipal Corporation of the Town of Vai't," The Mayor sha7`t del egate the administrative authority of this duty to the Town Manager, at the Mayor's own cognizance, 6, The Mayor shalt: (a) maintain executive control of all departments; appoint all department heads with the "advise and consent resolution" of the Council; fib) appoint, suspend, transfer, and remove any employee reporting to any department head, subject to the personnel regulations adopted by resolution of the Council, The Mayor has discretionary authority to direct that department heads exercise this authority in executive control of their awn departments. ~c) Remove any department head on the grounds "unsatis- factory," The Council may grant the dismissed officer severance pay by resolution pursuant to existing ordinance; but the Council has no power to countermand the dismissal. The Mayor shall delegate the administrative authority of any ar all of these powers if directed to do so by a resolution of the Council with the Mayor abstaining from the resolution proceedings. 7. The Mayor shall: issue purchase agreements and contracts, and otherwise disburse Town funds in accordance with the • ~ _. budget ordinance and with bidding procedures " authorized by ordinance The Mayor shall delegate this authority to the Town ManagP~ if directed to do so by a two-thirds reso~ tion of the Council with the Mayor taking part in the resolution proceedings, 8, The Mayor shall: recommend changes i~II S~ y1 1, 'V :~ ~harter, 7972 ~, s ;~ I • .,I i i;`~ . ,. F' ~:~ ~` ~~~ i', r i~ ~,.. ~:. Section 3,4' Mayor Pro Tem ..;;`: . ~. The mayor pro~,.em shat l be elected by a majority vote o 'the. council at the first organization meeting to be held within seven ~7) days from the election and shall serve at the pleasure of the council far a two--year term. In the absence or disability of the mayor, the mayor pro tem shall perform all duties •and have all powers of the mayor. In the event of a vacancy in the office of mayor pro tem, the council shall choose his successor. l1 Tentative in the organization of the government., but may not implement any change without the consent of the Council- in majority resolution of its members. 9~ The Mayor sha~17:. enforce all terms and conditions imposed in favor of the Town and its people in any contract and public franchise,'and upon knowledge of any viola- tion thereof, seek in Council far such action and proceedings necessary to terminate the violation and reimburse the Town andlor the people of any loss suffered because of the violation, 70, The, Mayor shal]: exercise such other powers and duties prescribed elsewhere in this Charter. The Mayor shall be elected fora term of office of four ~4) years, In the event of a vacancy in the office of Mayor, the Council by majority vote shall call a special mayoral election, The public meeting pursuant to such election, Section 2.3~may be omitted, and the "base date of election" shall be the date of vacancy. Deputy Mayor The Deputy Mayor shall be elected by the Council from its at large members at the next meeting of the Council whenever there is a vacancy in the office, The Deputy Mayor shall serve a term of office still remaining as an elected member of the Council , When the Mayor is away from Town,, the Deputy Mayor shall exercise the full power and duties of Mayor; except the powers and duties delegated to the Town Manager by the Council. ~, ;i 't~ `< Charter, 1972 s I i i;. ~,. I~ Section 3,5 Powers of the Council ~h The Council shall be the legislative and governing body of the town and sha11 exercise ,,except as otherwise provided in this Charter, all powers conferred upon or possessed by the town and shall adopt such laws, or orc~.jnances, and resolutions as it shall deem ~=,proper, ,,~~f.. 12 Tentative If the disability is or may be prolonged, the Council with the Deputy Mayor 6arre from its proceedings may dec1a re the of e of Mayor vacant and call a special Mayoral election, Section 3.3 above. The Deputy Mayor shall retain all author- ity as a member of the Council when acting as Mayor; except that in any plenary pro- ceedings of the Council in which the conduct of the office of Mayor is under discussion, the Deputy Mayor shall be barred from such proceedings, and the Council appoint one of its remaining members or the Municipal Judge to preside. In all such plenary proceedings, the actions in Council sha11 be by unanimous resolution of the remaining members of the Council. Rt such plenary proceedings, the Council may bar attendance of the public, Powers and Duties of the Council 1'. The Council sha1T: be the Tegisla- tive body of the government of the Town. 2, The Council sha11: in the name of the "Yawn of Vail," dispose, assume and manage, all trusts in any way connected with the Tawn of Vail by resolution of its members. '3, The Council sha17:. pursuant to the perpetuation of Itself as a body prescribed in this Charter, succeed to ail rights and 1 i abii i ti es, acquire al l benefits, and assume and pay all bonds, obligations and indebtedness of the Town in the name of the "Town of Vail." 4. The Council shatl: at its discretion, sue and defend, plead and be imp1eaded, a]1 courts and places, and in all matters and proceedings in the name of the "Town of Vail." 5, The Council shall: at its discretion, 13 Charter, 1912 Tentative adopt a common seal, and after the seal by resolution of its members, 6. The Council sha11: have the sole appointive power (to appoint and to remove) all members of all Boards and Commissions, to prescribe by ordinance the duties and terms of office of such members; and the qualifications such members must have to hold members hip. 7. The Council shall: exercise such other powers and duties prescribed else- where in this Charter. Powers Denied to the Council 1, The privilege of the writ of habeas corpus shall not be suspended by the Council, 2. No bill of attainder or ex post facto law shall be passed by the Council, 3. The Council shall not levy any tax on articles exported from the Town. 4. By Article XI of the Constitution of the State of Colorado: Section 1. The Council shall not lend or pledge the credit or faith of the Town, directly or indirectly, in any manner to, or in aid of, any person, company or corporation, public or private, for any amount, or for any purpose whatever; ar become responsib'~e for any debt, contract ar liability of any person, company or cor- poration, public or private, nor out of the state, Section 2, The Council shall not make any donation or grant to, or in aid of, or become a subscriber to, or shareholder ~~~ to any corporation or company or a joint _, owner with .any person, company, or corpora- tion, public.or private, in or out of the state, except as to such ownership as may accrue to the Town by escheat, or by forfeit- ure, by operation or provision of law; and except as to such ownership as may accrue to the Tawn jointly with the state, the 14 Charter, 1972 Section 3,S Qualifications Each councilman when nominated and elected shall be a citizen of the United States; a qualified elector of the Town of Vail; and shall have resided in the town or any territory thereafter annexed for two ~2} years immediately preceding Tentative county, the school district, any person company, or corporation, by forfeiture sale of real estate for non-payment of taxes., or by donation or devise for public use, ar by purchase by or on behalf of either of them, ,jointly with either of them, under execution in cases of fines, panalties, or forfeiture of recognizance, breach of condition of offical band, or of bond to secure public monies, or the performance of any contract in which they ar either of them may be jointly or separ- ately interested. .S. The Council may not pass any law denying the equal protection of laws to all citizens under the Fourteenth Amend- ment to the United States Constitution, 6. The Council shall not pass any law abridging the freedom of speech and peace- fu~t assembly, arrest without probable cause, interfere with the right of the people to bear arms, conduct search and seizure without 1ega1 warrant, deny due process of law, demand excESSive bail, impose excessive fines, inflict cruel or unusual punishment, and withhold from the people any rights enumerated in the amend- ments of the Canstitution_of the 'United States, 7, The Council shall not pass any law on matters of statewide concern which law is in clear opposition to general State law,' The Council shall not pass any law that places penalties or restrictions on any of its citizens that are penalties and restrictions in excess of those provided. .Qualificiatians of Elected Office The Mayor and members of the Council sha11 be citizens of the United States, twenty-five years or older., qualified electors of the Town, and shall have been a resident at 'least two years prior ~I .{ ' •, ~ ` ~ ,h ,~ ~~ Charter, 1912 ~Y such e]ection~ The council shall be the • judge of election and qualifications of Its members. ~, l r ~;~ . Section 3.7 Financial Interest Prohibited Ufa member of `the Counci 1, during h3 s • term of office, ;shall be a salaried employee of the ,town, nor shall he have any direct or indirect financial inter- est in any contract with the town. A . ~ "contract" shall,for the prupos.es of .•• this section include any arrangement or agreement ..pursuant to which any land, material, servic'~ or other thing of= value is to be furnished to the town .. fora valuable consideration to be paid by the town ar sold or transferred by the town. Ownership by a member of the council or member of his family of securities of a corporation or of any beneficial interest in a partnership or firm with which a contract is made shall not be deemed to create a financial interest in such contract unless the aggregate amount of such securities in a corpora- tion or interest in such partnership or firm so owned by such council member and the members of his family shall amount to ten (70%) percent of any class of the securities of such corporation or ten (10%) percent ownership in such 15 Tentative to taking office in the Town of Vail as inclusive of any land annexed to the Town during the said residency period, Also, the members of the Council shall have been resident in the Ward of their constituency for at least one year before taking office, and continue in residency in the said Ward for the whole of the member's term of office, Tf a member of the Council moves out of the said Ward, the member shall resign from office unless the member`s remaining term of office is four months or `less. The Council shall be dodge of the Elections, Returns, and Qualifications of its members. Conflict of Interest Any person having authority to exercise or exercising any public or government duty, power or function and who may benefit or be presumed to benefit financially from any contract with the Town involving the person's duty, power or function shall disclose that interest to the Council. The Council, at its discretion, by resolution or by ordin- ance may dispose of the matter; taking the least course as requiring the person to file with the Municipal Clerk an oath of affirma- tion that the public interest will be exclu-~:. slue in the person's conduct respecting the contract. Failure to disclose this inter- est shall make the person liable to punish- ment in accordance with State Statutes or with Town ordinances on conflict of interest, Any violation of this section may make the contract voidable by either the Mayor or the Council, It shall be the duty of any citizen-having knowledge of such violation 'to bring forth that evidence to the Municipal Clerk who shall take affi- davit of that evidence and immediately inform the Mayor., the Deputy Mayor, or any other member of the Council of the existence of the affidavit. It shall be ~I 1' ~: 16 '~ Charter, 1972 ,3 ,. partnership a~ farm. This prohibition shall not extend to, nor include, minor incidental transactions as approved by ~he council. Any violatio~i of this section by persons contracting witf~ the town sha11 render the contract voidab a by the town manager or the council or any citizen. ,+.i; Tentative the duty'af the Mayor andlor the Council to proceed in serious consideration of the evidence. Section 3.8 Compensation The members- cif the counci] sha71 receive such compensation and the mayor such addi- tional compensation as the council shall prescribe by ordinance; provided, however, that they shall;peither increase nor" decrease the compensation of any member during;hjs term~:of office. The mayor and councilmen may, .Upon order of the council, be paid their ac~.ual and necessary expenses incurred 'in the ~'erformance of their duties of office. Fti~, 'i ,, !` .; `~~ . . `j :" ' ,~~ ~ . Section 3.9 Vacancies A councilman shall continue to hold his office until a successor is duly qualified. A council seat shall become vacant whenever any councilman is recalled, dies, bdcomcs incapacitated, resigns, ceases to be a resident of the town or is convicted of a felony. Within thirty (30~ days after a vacancy occurs, the reamin~ ing councilmen shall choose by majority vote a duly qualified person to fill such vacancy. Fie shall serve the unexpired term so vacant until the next regular Compensation The Mayor and the members of the Council sha11 receive such compensation as pre- scribed by ordinance; provided that these elected officers sha11 not have their compen- sation increased or decreased during their respective terms of office. Any person having authority to exercise or exercising any public or government duty, power or function who incurs "out-of-pocket" expe.~ s proper to that exercise of authority for the Town, sha11 be reimbursed an presenting to the fina,~ce officer a properly signed voucher detailing the expenses. The compensation given to the "elected officers" of the Town shall not be construed as classifying the officers as "salaried employees" of the Town. Vacancies All elected officers shall continue to hold office until a successor is duly qualified and installed. An elective office shall become vacant by reason of recall, death, prolonged disability, resignation,-becoming non-resident, or convicted a felony. The Council or Mayo~~ shall call a special election to fi11 a vacancy using as the "base date" for such an election, the date of the vacancy. The pub"fic meeting, Section 2,3, may be omitted. If there remains, of the vacated Council 17 Charter, 1972 municipal election. If three or more vacan- ties exist simultaneously, the remaining councilmen shall, at the next regular meet- ing of the .council, call a special electian to fill such vacancies, provided there will not be a regular municipal election within . ninety (9O} days and provided that their successors have not previously been elected. Section 3,10 Oath of Office Before entering upon the duties of his _ office, every councilman shall take, sub- scribe before, and file with the town ,clerk an oath or affirmation that he will support the Const~i~ution of the United States,~~and Constitution of the State of Colorado, this Charter and the ordinances of this town and will faithfully perform the duties of the office. ARTICLE IV COEJNCII~ PROCEgURE Section 4.1 Regular Meetings The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of the council. The council shall determine the rules of procedure governing meetings. The first meeting following each regular municipal election shall be the organiza- tional meeting of .the council as provided for in Section 3.3 of this Gharter~ Tentative seat,_a term of office of one (i} year and one (l) day or more, the vacancy shall be filled by the electors voting at a special election. If the term is mare than one (1) year, there shat l be an el ec4- tion; if not more than one (l) year, the Council ray appoint someone to fill the vacancy, No such special electian may be held if it is to occur ninety (90} days before a regular municipal election, in which event the vacancy sha11 be filled at the regular e1 ecti on, Oath of Office On taking office, every elected officer ~~ of the Town shall take, subscribe before, and file with the Municipal Cleric an oath of affirmation to support and uphold the Constitution of the United States, the Constitution of the State of Colorado, this Charter as the Municipal Constitution of the Town of Vail, and to faithfully perform the duties of the office. Regular Meetings The Council shall meet regularly at least twice each month at a day and hour fixed by its rules of procedure, At the first meeting folliwng each regular municipal election, the Council shall review, amend at tis discretion, and adopt the rules of procedure to govern its-meetings by majority resolution, l$ ' Charter, 1972 Tentative Section 4.2 Special Meetings Special meetings shall be called by the town clerk on the written request of the mayor or of any (2) members of the council, or the town manager, on at least 48-hours written notice to each member of the council, served personally or left at his usual place of residence and such notice shall be pasted in two ~2). public places; a special meeting, however, may be held on shorter notice if a quorum of the council consents. Section 4.3 Business at Special Meetings Special Meetings A special meeting of the Council shall be called by the Municipal Clerk on the written request of the Mayor or of two members of the Council with at least fourty-eight hours advance notice to all members of the Council, The native shall be served personally or shall be left at places designated as convenient by each member; and the notice shall be posted at two publ i c places . The special meeting may be held in shorter notice if a quorum of the Council consents, In the event of an extraordinary emer- gency, presenting a clear and present danger to the safety and health of the people, and able members of the Council shall meet forthwith in special session, and remain in special session until` a decision is made on what measures are needed to meet the emergency, Pur ose of a Special Meeting No business shall be transacted at any special meeting of the~~council unless it has been stated in the notice of such meet- ing. Any ordinance which may be considered at such meeting must meet the requirements of Section 4.11. Section 4.4 Quorum Rdjournment of Meetings A majority of the members of the council sha17. be a quQ.rum for the transaction of business at all council'ineetings, but in the absence of a quorum, a lesser number may ~~ adjourn any meeting to a later time or date, and in the absence of all members, the town clerk may adjourn any meeting for not longer than one week. The notice of the special meeting shall state Its purpose, and no other business shall be transacted during the special meeting. An Emergency Ordinance may be considered, other ordinances may not. Quorum A majority of the membership of the ' Council sha71 be a quorum necessary for the transaction of business at any meet- ing of the. Council. 19 Charter, 1972 Section 4.5 Meetings to the Public All regular and special meetings of the council shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the council may prescribe., i Tentative Meetings ripen to the Public A11 meetings of the Council, except as otherwise provided in this Charter, sha11 be open to the public. At the start of the meeting, the Council shall announce the rules and regulations for the public`s participation; except that no rule of procedure may bar a reasonable presentation by principal speakers on the pro, the con, and rebuttal on the matter under discussion; and that na rule may bar a person from speaking who had not given notice to speak prior to the opening of the meeting. Nothing in this section shall be con- strued as prejudicing the power of the Council under this Charter to enact legis- 1 ati on svl el y i n accordance with the dictates of the conscience of each member of the Council. Executive Sessions of the Council Section 4,6 Council Acts The council sha11 act only by ordinance, resolution, or motion. All legislative • enactments shay! be in the form of ordin- ance; all other actions, except as herein provided, may be in the farm of resolu- tions ar motions, A true copy of every resolution as hereafter adopted shall be numbered and recorded in the official records of the town, The Council may hold such executive sessions as it may determine; and provid-~ ing that no formal and legally binding action i5 taken at the session; and provid- ing that the subject of the session is confined to the status of personnel, to the status of Town property, and to the status of legal actions, the Council may exclude the public from the session. Council Acts A11 legislative acts of the Council that are to have force of law sha11 6e enacted as ordinances, A11 statements of policy, of intent pursuant to stated rules of procedure, of commendation, of censure ar reprimand; and of recommendations respecting the observance of special days and of public events shall be enacted by the Council as resolutions, A resolution Y 20 Charter, 1972 Tentati ve made substitute for an ordinance shall be null~and void as "unconstitutional" respected the Charter as the Municipal Constitution of the Town," All Council procedure in meetings pursuant to its rules of orderly conduct of its meetings shall be by motion, A motion shall not be made substitute fora resolution or an ordin~ once, If the former, the quasi-resolution shall be ruled "out-af-order" by the presiding officer, Any person attending the meeting may "rise to this point of order" and request a ruling from the presiding officer. If tha latter, the quasi-ordinance may be ruled "out-of-order," but if it is passed, it shall be null and void as "unconstitutional" under this Charter. A true copy of each resolution shall be numbered and recorded in the offical records of the Town. .~ Section ~,7 Voting The vote by "yes" and "no" shall be taken upon the passage of all ordinances and resolutions, and entered upon the minutes of the council proceedings. every ordinance sha11 require the affirma- tive vote of the majority of. the entire council for final passage, except as provided in Section 4.11. Resolutions and motions shall require the affirma- . five vote of a majority of the member. present, h!o member of the council shall vote on any question in which he has a substan~tia1 personal or financial interest, other than the common public interest, or on any question concerning his own conduct, and in 'said instances the member sha11 disclose this interest to the council. On all other questions,. each member who is present sha11 vote when his name is called. Any member refusing to vote when'nat so required by this paragraph, sha11 be deemed delinquent in his duties and an affirmative vote shall be cast and recorded in his name. Voting in Council Meeting. Voting in Council shall be by open, voice vote of "yes" ar "no." If by reason of conflict-of-interest, vacancy, absence, and abstention the vote is no greater than three (3), the tally of votes sha11 be suspended; and the measure tabled, until later date if necessary, until absent members are compelled to appear (if able, abstaining eaters are enjoined to vote or have their vote cast as affir- mative, and the Council accepts the oath, Section 3,7, taken by a member in "conflict- of-interest," as sufficient to allow the member to vote, All members of the Council sha11 serve in equal privelege and distinction as members representing their particular constituen s. The Mayor sha11 vote last on any measure. In the event that the Mayor`s vote effects a tie; a motion from the "floor" of the council to sustain the vote of the Mayor; if carried, decides the motion in favor of the Mayor's vote} if the sustaining motion is defeated, the matian is decided in the reverse of the Mayor`s vote, i, ~i. ~ ~. ~~ Charter, 1972 ~i, ., ~~ .; Section ~.8 Action by Ordinance Required ~: I.n addition to such acts of the council as are required by other pro- visions..of•thisCharter to be by ordin- ance, every act .ma king an appropriation, creating an indebtedness, authorizing borrowing of tnon,ey, levying a tax, estab- lishing any rul~.or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting • the use of private property, shall be by ordinance. O.;dinances making appro- priations shall ~e confined to the subject of appropriation: ~•`' Section 4.9 Forr~s of Ordinance ~~ Every ordinan~~ shall be introducted in written or pr.if;'nted form, The enacting clause of all or~'if~ances shall be. BE IT ORDAINED.. BY THE 1`OWN COI~NCIL OF TFIE TOWN OF VAIL, COLORADO. Except as otherwise provided in this article, all ordinances shall take effect five (5} days after publication following final passage. Every ordinance introduced shall be deemed to contain a severability clause, whether stated therein or not, Section 4.l O Procedure Except for emergency ordinances, ordin- ances making general codification of existr ing ordinances, and ordinances adopting standard codes with or without amendment, the fallowing procedure for enactment of 21 Tentative A majority affirmative vote of a71 members present shall be sufficient for passage of a measure unless otherwise provided in this Charter. The public, taking part in "public participation" in open meetings of the Council, shall have no~~.vote in such meet- ings, Delete this Section (Reason: These powers of the Council are included elsewhere in this Charter.) However, this Section may be included as added emphasis. The Ordinance, its Parts, and How it is made Law• An ordinance (other than an emergency ordinance) becomes law only if it contains all of the following essential parts, and only if it is adopted in accordance with the following essential procedures: 1, An essential part of any ordinance is its PREAMBLE: a statement of the intent of the ordinance at the time of its framing; and a statement which, as those persons having authority to issue and do issue from timewto.-time regulations pursuant. to the enforcement of the provisions of the ordin- ance, shall be construed as monitor of such regulations and as authority of the Council to direct that a regulation be modified or rescinded. 2. An essential part of any ordinance is the statement of the NEED for the i~II f~ { ;~ Charter, 1972 ordinances sha~11 be followed: (a} The ordinance shall be introduced at any regular Meeting of the council by any member thereof. (b) The ordnance sha11 be.read in full or, .in cases wh're copies of the ordinance -are available t~'the public, said ordinance may be read by title only. (c) After tie first reading of the ordinance, the same shall be approved with or without amendment or rejected by a vote Qi' the counci 1 : , . 4 (d) .If the prdinance is approved on first reading, it shall be published once in full unless otherwise,.provided herein. The council sha11 set a day;. hour, and place at which cauncil sha11 hcild a public hearing on the prdinance anal notice of said day., hour, ar~d d ace sha17 be included in the first pub- lication. ~: ~,. 1r~' (d) The ord>>nance shall be introduced at council a second time, at a meeting not earlier than seven (IJ days after first pub , lication, for final approval, refection, or other action. as may be taken by vote of the council. 'S; {: *„ (f) Except as~ otherwise provided herein, an ordinance, iff~armended subsequent to its last publication; shall be published irk full after final passage; but if not ai;~~~nd~~d, it shall be published either by title or in full as the council may determine. (g)~ Whenever an. ordinance shall be pub- 1 fished by reference or 'by title, the publ~i - ca~tion shall contain a summary o~ the sub- ~ect matter of said ordinance and sha11~ contain a notice to the public that copies of the proposed ordinance are available at the office of the town clerk. The pub - lication of any ordinance by reference or by title as provided herein must set forth in full any penalty clause contained in said ordinance. 22 Tentative ordinance, Each reason stated as NEED sha71~ be supported with a statement of full disclosure of the probable benefits and costs to the Town of implementing the NEED by the provisions of the ordin- ance, The NEED to provide for the safety, to safeguard the health, and to promote the general welfare of the people are insufficient reasons unless each is supported by a statement showing how such NEFD is fulfilled by the provisions of the ordinance, 3, All provisions of any ordinance that are to have force of haw sha11 be introduced in the ordinance by the following enabling phrase: BE IT ORDAINED $Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. 4, An essential part of any ordinance that establishes a rule or regulation for the violation of which a penalty is imposed is its PENALTY CLAUSE. 5, An ordinance may be introduced by the Mayor, by any member of the Council, or by a petition signed by five (5) quali- fied electors of the Town in printed form or in written form. fi, The Council, at a regular or a special meeting, may place the ordinance on its Calendar for "First reading considera- tion" in regular meeting; or the Council ,may, place i t on its Calendar for cons i dera- tion and what disposition. it may find advis- able, '7. At "first-reading consideration" the ordinance shall be introduced, preferably by its sponsor, read in full, or in summary of its essential parts: its INTENT in Preamble, its NEED and the provisions to meet the need, ,inclusive of the probable benefits and cost of implementing the prr~ visions,~and the full of the VIOLATIONS and PENALTY Clause, if any, Any person present may request, during the discussion, that parts of the ordinance be re-read in full in order to clarify a point in the discussion. The public participation sha d be conducted as provided in Section 4,5. 8, If, in "first-reading consideration," • ~~ ' 4 1 } ,~ :`~ Charter, 1972 ~s. ~, ~: ~,.. ,,. ~: ~,~; ~`' ~~ :~ '~ ~~ . f k~, Y fir', h•j. ~: ~~,~ ~. r 23 Tentative the ordinance is approved by the Council, it shall be published at least once in fu73, inclusive of amendments, if any, and the publication shall include a public notice of a public meeting to be head at a date, hour, and place designated by the Gouncil. The business of the meeting shall be announced as part of the public notice and may include matters besides that of the ordinance if feasible, Notice of the time, place, and the pur- pose of the public meeting shall be pub- lished at least once, and at least seven ~7} days prior to the meeting. In the event that the meeting becomes prolonged, it shall be continued without adjournment to a later date; and the Gouncil may not convene in consideration of the matters under discussion at the meeting during the hiatus of the public meeting 9, The Mayor, Deputy Mayor, or any member of the Council designated by the Council shalt preside at the public meeting, The meeting shall be conducted in the manner provided in Section ~.5 for the "public participation;" except that the rules of procedure, announced by the presiding officer, may be amended "from-the-floor," with such limitations on the rules as provided in Section A~.5. The Gouncil shall not convene itself into meeting at and during the public meeting. The public meeting cannot arrogate to itself the legislative power conferred to the Gouncil by this Charter, It can, if it sees fit, end its meeting with a statement of consensus, which the Council shall make due note in its deliberations. 10. The Gouncil, at a regular meeting following the adjournment of the public meeting, may place the ordinance an its Calendar for. "second-reading consideration, 11~ At "second-reading consideration" the ordinance shall be introduced, read, and considered in the manner provided by para- graph 7; abavet I2. If, in "second-reading consideration," 24 Charter, 7972 Section 4,11 Emergency Ordinance Emergency ordinances for the preserva- tion of public property, health, welfare, peace, or safety, shall be approved only by the unanimous vote of councilmen present or a vote of five _t5~ councilmen whichever is less. The facts showing such urgency and need shall be specifically stated in the measure itself, No ordinance making a grant of any special privilege, levy- ing taxes, or fixing rates charged by any fawn-owned utility sham be passed as an emergency measure. An emergency ordinance shall require passage at one ~1) meeting of council . ~ However, neither a public hearing nor a first publication as provided in Section 4.10 shall be required, An emergency ordinance shall take effect upon final passage. One publication shall be required within ten X14) days after pass age, or as soon thereafter as possible, Tentative the ordinance is approved by the Council the ordinance shall be considered as pas as law. Emergency Ordinance In the event that the Council must act in emergency because of a clear and present danger to property, to health, and to safety of the people, the Council may pass an Emergency Ordinance in public proclama- tion of the danger and the measures deemed necessary by the Council to meet the danger. The Emergency Ordinance shall become law only by the unanimous approval of the members of the Council assembled in emergency session or in direct communication with each other, The Mayor or some other elected officer of the Town may be given authority to coordi e and direct the public on the actions necery to meet the danger. No event respecting the collection of revenue by the Town, nor procedure pursuant to a desired intent 6y the Council that is not an intent meeting a clear and present danger shall be deemed an emergency. Section 4.12 Codification The council shall cause the ordinances to be codified and thereafter maintained in current form, Revisions to the codes may be accomplished by reference as pro- vided in Section x,13. ' Section 4,73 Codes Standard codes, promulgated by the ' Federal Government, the State of Co1o~ rado, or by any agency of either of them, or by any municipality within the State of Colorado, or by recognized trade or pro fessional organizations, or amendments or revisions thereof, may be adopted with or without amendment by reference; provided Codes of taw '~"..The mayor shall have all ordinances organized into codes of law; each code, a specific subject of general municipal law, having its own statements of INTENT, of NEED, and of PENALTY CLAUSE, if any. ordinances Adopting Ready Made Codes, In accition to the simplification and efficiency that the coordination of ordinances into comprehensive wholes will bring about to the administration of the Town, the Mayor can use the coding as providing the informa- tion on whether new ordinances are needed, whether existing ordinances have outlived i~44 i~ , 1' 7 f Charter, 1972 the publication of the ordinance adopting any said code sha11 advise that copies and amendments are available for inspection at the office of the town cleric, and provided that any penal t~r clause i n any code may be adopted only ifl,set in full and published in the adopting;ordinance, ~i .. f ~;: 's= f'. F. „~'`: ,; Section 4,'14 Disposition of Ordinances A true copy of every ordinance, as adopted by council, shall be numbered and recorded in the official records of the town. Its adoption and publication shall be authenticated by the signature of the mayor, or the mayor pro tem, and Tentative their IdE£D and their I{VT1:3VT; whether exist- ing ordinances overlap, conflict, or are but superficial, and whether the penalty clauses are inconsistent or unreasonable. In discharge of this duty, the Mayor or the Town Manager may introduce to Council ordinances repealing or amending existing ordinances, or new ordinances mad Bled from standard codes promulgated by the Federal Government, by the State of Colorado, by Federal or State agencies, by any municipality within the State of Co1o- rado, or by any trade or professional argan- ization, Such adopting ordinance sha17 be written in full as an ordinance of the Town of Vail, and no part of it shall obtain authorization from its model "by reference" to the standard code used as model--the PREAMBLE to the adopting ordinance may name the standard code from which it is ~:a modeled , If any new ordinance is an ordinance amending ar repealing an existing ordinance, the new ordinance shall amend or repeal, as the case may be, the section of the Town's Code of Law in which the affected existing ordinance is incorporated in Code. The adoption in this Charter, Section 2.1 of the "Colorado Municipal Election of 1965" is exempted from the provisions of this section. The Mayor may incorporate this State Code into the Town's Cade for convenience' to the Election Commission and other officials. The administrative responsibilities of these powers over the Code shall be delete gated to the Town Manager in a majority resolution of the Council. Official Records of all Ordinances A copy, authenticated as adopted in full and as published in that same fullness in accordance with the provisions of this Charter by the Municipal Clerk of the Town, sha11 be numbered and recorded in the 27 Charter, 1912 (b} Referendum. The electors of the town shall have the power to require recon-~ sideration by the council of any ordinance and, if the council fails to repeal an ordin~ a~nce so reconsidered, to approve or reject it at a town election, in accordance with the provisions of this article of this Charter; . provided that such power shall not extend to the budget, capital program, appropria- Lion of any revenues, levy of taxes, call- ing a special election, or authorizing the issuance of local government district bonds payable primarily from special assessments, levying special assessments, or ordinance . to meet the contractual obligations of the otnw. Tentative ordinance still under consideration by the Eouncil, or on an ordinance duly enacted by the Council, the Council may abort further consideration of the ordin- ance not yet passed or the Council by resolution may suspend the enforcement of the ordinance duly enacted pending the outcome of the initiative, Referendum The Council, during its deliberations on any measure may terminate further considera- tion ar may defer the date on which the measure is to become effective; and instead refer the.measure to a vote by the people, In such event, the Council by resolution shall call a special referendum election in which the measure is to be submitted to the vote of all qualified electors. Section 5.2 Commencement of Proceedings; . Petitioners' Committee; Affi davi t Any five (5} electors may commence initiative or referendum proceedings by filing with the town clerk an~affidavit stating they will constitute the peti- tioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, the setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate peti- . tion blanks to the petitioners' committee, Section 5.3 Peti ti ons {a) Number of signatures, Initiative petitions must be signed by electors of the town in number to at 7 east fifteen .{7 5)~ percent of the total number of electors Delete this Section. {Reasons. The initiative procedure, belong- ing solely to the people is confused with the referendum process belonging solely to the Council. The section implies that government officials may conduct the petition process. The petition is solely a power reserved to the people.) Sufficiency of a Petition Any petition that appears to be signed by the requisite number of signers.,~in ink or indelible pencil, with each signature dated, and bearing the address of the zs Charter, 1972 registered to vote at the last regular municipal election. Referendum petitions must be signed by electors of the town equal in number to at least (10) percent of the total number of electors registered to vote at the last regular municipal election. (b) Farm and Content. A11 pages of a petition shall be uniform in size and style and 'shall be assembled as one instru- ment for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout. their circulation the full text of the ordin- ance proposed or sought to be~reconsidered. ~~ {c) Affidavit of Circulator, Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he perso n ally circulated the petition, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that.. each signer had an oppar~ tunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. Tentative person signing shall be deemed and held to be sufficient; and the signers shall deemed and held to be qualified elector s provided: 1, Among the qualifying petitioners none has signed at a date more than one hundred and eighty days prior to the date of filing the petition with the Municipal C1 erk. 2, Each sheet of signatures does bear upon it nr does have attached thereto a full and accurate copy of the title and text of the petition, and an affidavit of the circulator, being the circulator, attests to the number of signers on the sheet,`~attest to the fact that the signa-~~~. tares were affixed as genuine in the cir- culators presence, and attests to the fact that each signer had an opportunity before signing to read the full text of the peti- tion. 3, Promptly on filing, the Municipal C1 erk shall determine that the roster of petitioners does include the requisite number qualified as provided above, shall deem and hold the petition as sufficient, and shall promptly inform the Mayor or the Council of the date of sufficiency as provided~in Section 2,3, (d) Time for Filing Referendum Petition. Referendum petitions must be filed within thirty (30) days after adoption by the GQUnCiI of the ordinance sought to be reconsidered, Section 5,4 Procedure after Filing (a) Certificate of Clerk. Amendment. Within ten (10) days after the petition is filed, the town clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certi- ficate to the petitioners' committee by registered mail, A petition certified insufficient far lack of the required number of valid signatures may be amended Once filed, the signers become the sufficiency roster of the petition, and the Municipal Clerk shall not cause remova] of any name from the roster; even if a signer requests the removal or any person protests the qualifications of a signer. Insufficiencie of a Petition In the event that protests raise the question of sufficiency of the requisite number of qualified petitioners, but da not allege perjury in any circulator's affidavit, the petition shall remain sufficient pending the action of the person or persons named in the petition as representing the roster of signers in presenting evidence to .the Municipal Clerk, or presenting enough additional signers to meet sufficiency; providing the additional 29 Charter, 1972 once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copy of his certi- ficate and files a supplementary peti- tion upon additional farms within ten (10)'days after receiving the copy of such certificate, Such supplementary petition shall comply with the require- ments of subsections (b} and (c) of Section 5.3', and within five (5} days after it is filed the clerk shall complete a certificate as to the .. ...sufficiency of.the petition as amended and promptly send a copy of such certi~ ficate to the petitioners' committee by registered mail as iii the case of the original petition. Tf a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the peti- tioners' committee does not elect to amend or request council review under subsection (b} of the section within the time required, the clerk shall promptly present his certificate to the council, and the certificate shall be a final determination as to the sufficiency of the petition. ~.~.: ;~ (b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may within two (2} days after receiv, ing the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at the next meeting follow-~ ing the filing of such request an d_ app•rove~ or disapprove' i t, and the council's determination shall then be a final determination as to the i5ufficiency of the petition. Tentative names are presented no later than ten (10) days preceeding the date of the petition election. If the protests allege perjury, the Muncicipal Clerk without delay shall hold a summary hearing, shall inform the repre- sentatives of the petitioners that the hearing Will be held and provide them with a copy of the protest, and shall require sworn testimony at the hearing, In the event that the hearing cannot be completed prior to ten (~ 0) days pre- ceeding the date of the petition election, the hearing shall be aborted, If the hear- ing is completed in time., and the findings are that perjury seems evident, a71 evi- dence shall be presented to the Town Attorney, and the roster may be purged of all names affected by the findings. If on the date ten (10} days proceed- ing the date of the petition election, the petitioners' representatives have not yet acted to remove the question of an insuffi- cient number of signers, the Municipal Clerk may either cancel or permit the election to proceed as scheduled, If cancelled, the findings as to insufficiency may be reviewed by the Municipal Court upon application of the person or of a majority of the persons named in the petition as representing the signers, New Petition A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose, (c) Court Review, New Petition. A final determination as to the insuffi~ ciency of a petition shall be subject to court review. A final determination of insufficiency, even if it is sustained upon court review, shall not prejudice ,i y I ~~ ~` Charter, 1972 the filing of;~a new petition for the same purpose, ,, i Section 5,5 Referendum petitions; Su$pension of Effect of Ot^ Tnance. When a referendum petition is filed with the town ~'~erk, the ordinance sought to be reiconsidered shall be suspended from taking effect, Such suspension shad terminate when: . 1 . There i sp~ a final determi nati an of insufficiency of the petition, ar 2. The petitioners' committee with- draws the peti tj;on, or 3., The council repeals the ordinance, ar ~':' 4. Gerti fi ca~~i on of a favorab7 e vote of the town on the ordinance. 5. Emergenc~r`. ordinances shall con- tinue in effect unless the majority of . the council votes to suspend the ordinance pending. the election. r_.f; ~.y. ', ~~~~ , ~~ Tentative Petitioners' Representatives The person ar persons named in the petition as representatives of the signers shall be accepted by the governing authori- ties as: 1. Having the authority to bring forth any signer or to be surrogate for any signer and provide evidence of the date of signing, the address of the signer, and the qualifications of the signer as a qualified elector of the Town. 2. Providing additional signers if the roster has been purged below the requisite number of signers. 3. Giving consent to the text of the ballot question that is to appear on the official. ballot; and to provide names of persons willing to serve as Election Judges. 4, As representing the petitioners in any court review of insuffficiency. Also, if the purpose of the initiative demands repeal of an existing ordinance, or modification of a proposed ordinance; and if the text of the purpose makes clear that, in the event the Council does repeal the existing ordinance, or does pass the proposed ordinance in substantially the text requested in the petition; then the petitioners' representatives may by majority vote withdraw the initiative no later than ten .~70} days prior to the scheduled date of the election, and thereby remove the Initiative question from the ballot. Such a provision in the petition sha11 be strictly .construed, The petition, itself, shall be liberally construed so that the election may proceed without interruption to its conclusion. 31 Charter, 1972 Section 5.6 Action on Petitions (a} .Action by Council. When an initiative ar referendum petition has been finally determined sufficient the council shall promptly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by • voting its repeal; provided, however, that the council shall have power to change the detailed language of any proposed initiative ordinance and to affix the title thereto, so long as the general character of the measure will not be substantially altered;. and provided further, that repeal of any referred ordinance may 6e effected only by a three-fourths majority vote of the entire council, Tentative initiative Respecting An Emergency Ordinance In the event that an ordinance is continued i the danger that had to b and the Council has not the ordinance by passing Ordinance of Repeal, the initiate such a repeal ©elete Section 5.6 emergency n effect after e met has passed; acted to repeal an Emergency people may (Reasons: The reasons for deleting Section 5.2 apply equally here.) (b} Submission to Voters. The vote of the town on a proposed or referred ordinance shall beheld not less than thirty (30) days and not later than ninety (90) days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide far a special election ;otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion pro- vide fora special election at an ea r1ier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available to the public within a reasonable time before the election Charter, 1972 and a7 so at the polls at the time of the election. (c) Withdrawal of Petitions, An initiative of referendum petition may be withdrawn at any time prior to the thirtieth (30th) day preceding the day scheduled far a vote of the town by filing with the town clerk a request for withdrawal signed by a majority of the petitioners' committee. With the consent of the majority of the council and upon the filing of such request, the petition shall have no further force yr effect and a17 proceedings thereon shall be terminated. Section 5,7 Submission by Counci] The council on its own motion shall have the power to submit at a regular or special e7ectian any proposed ordinance or any question to a vote of the registered electors, i 32 Tentative (The substance of this Section appears on page ), • ii I pfd i i, C'~arter, 1972 r Section 5,8 Results of Election (a} Initiative. If a majority of the registered lectors voting on a proposed initiai~ive ordinance vote in its favor, tt shall be considered adapted upon certification of the election results, If conflicting ordinances are,;.#approved at the same election, the qne receiving the greatest number" of affirmative votes shall prevail Ito the extent of such conflict. (b} Referendum. If a majority of the registered electors voting on a referred ordinance vote against it, •it.shall be considered repealed upon certification df the election results (c} An ordinance adopted by the • electorate may dot be amended or repealed fora 'eriod of six (fi} months after th date of the elec~ ti on at which it was adopted,'and an ordinance repealed by the elec- . torate may not ,be re-enacted for a period of six ~6) months after the date of the election at which it was repealed; pr~avided, however,' that any ordinance may be adopted or repealed at~~ny time by appro- pri ate referend~u~nr or i ni ti ati ve procedure in accordance with the foregoing provisions of this Article, or, if submitted to the electorate by the counci 1 on ~ is own motion. ARTICb~ VI TOWN ADMINISTRATION 6.1 Town Manager The town manager sha11 be the chief executive and administrative officer of the town. As such he shall possess, have, and exercise all the executive powers and administrative powers vested 33 Tentative Results of the Initiative or Referendum Election The results of any election by the peopl e have force of 1 aw, If measures having conflicting pro- visions are approved at the same election, the measure approved by the greater number of votes shall prevail to the extent of such conflict. A measure adopted by the electorate may not be amended or repealed by action of the Council; except that the measure may be submitted by the Council for reconsider- ation by the electorate at a referendum election to be held no sooner than two (2) years after the adoption. A measure rejected by the electorate may not be adapted by action of the Council; except that the measure may be resubmitted for consideration of the. electorate at a referendum election no sooner than one (1) year after the rejection. Town Manager The Council by a majority vote, shall appoint a Town Manager within six (fi} months whenever a vacancy exists in such position. Such appointment sha11 be without definite term and shall be at a 34 Charter, 1972 in the town. The council by a majority vote, shall appoint a town manager with- in six (6) months whenever a vacancy exists in such,.position. Such appoint- ment shall be without definite term and shall be at a salary to be fixed from time to time by -the council. The manager shall be appointed without regard to any consideration other than his fitness, competency, training an d. experience in professional urban administration. At the time of his appointment, he need not be a resident of the town or state, No member of the council shall be appointed a manager:`~during the term for which he shall have bce.n elected, nor within two (2) , years after the expiration of his term of office. The council, at a regular or special meeting, may, upon the vote of a majority of the entire council, remove the town manager from office. Upon such term- ination, the council may in its dis- cretion provide termination pay, If removed at any time after six (6) months service, the town manager may demand charges and a public hearing before the council and these shall be granted to him prier to his final removal, Pending such hearing, the council may suspend him from office. ' Tentative salary to be fixed from time to time by the Council, The Manager shall be appai ~d without regard to any consideration othe~ than fitness, competency., training and experience in professional urban admini- stration, At the time of appointment, the Manager need not be a resident of the Town or State, ~!o member of the Council shall be appointed Manager during the term for which he shall have been elected, nor within two ~2} years after the expiration of that term of office. The Council, at a regular or special meeting, may, upon the vote of a majority of the entire Council, remove the Town Manager from office, Upon such term- ination, the Council may in its dis- cretion provide termination pay, If removed at any time after six (6) months service, the Town Manager may demand charges and a public hearing before the Council and these shall be granted prior to final removal, Pending such hearing, the Council may suspend the manager from office. Section 6.2 Acting Town Manager To perform his duties during his tempo- rary absence ar disability, the town manager shall designate by letter filed with the town clerk,'a qualified admini- strative town employee who shall'.serve as acting manager. In the event of the failure of. the manager to make such a designation, the council may appoint a qualified town employee to perform the duties of the manager. Such acting town manager shall, while he is in such office, have a17 responsibilities, duties, functions, and authority of the town manager, ~!o member of the council shall be appointed acting town manager during the term for which he shall have been elected, nor within two ~2} years there after. Acting Town Manager The Council may appoint an acting Town Manager to perform the duties of Manager in the event of a vacancy, absence ar .inability of the Manager to perform the duties of Manager. Such acting Town Manager sha1~,. while he is in Such office, have all responsibilities, duties, functions, and authority of the Town Manager. No member of the Council shall be appainted acting Town Manager during the term for which he shall have been elected, nor within two ~2) years thereafter, ~j I ! ~ .~ :1 ;y Charter, 7 972 • Section 6,3 Powers and Duties The manager hal 1 be responsible to the council for .,,the proper administra- ' tion of all affairs of the town placed i.n his charge, ~ nd to that end he shall have the power ~nd duties and be required to: (a} Be responsible far the enforce- ment of the laws and ordinances of the town; {b) Nire,'ksuspend, transfer and remove town employees; (c) hake appoint- ments on the basis of executive and administrative ability and of the train- ing and experience of such appointees in the work they ar!e to perform} {d} Cause a proposed budget to be prepared annually and submit to the council and be respon- sible for the administration of the budget after its adoption; {e) Prepare and sub- mit to the counc;~l as of the end of the fiscal year a co#nplete report on finances and administrative activities of the fawn for the pre~~ding year and, upon request of the council, make written or verbal reports at any time concern- ing the affairs of the town under his supervision; {f}' :Keep the council advised of the financial condition and future needs`r~bf the town and make such recommendations to the council far adoption as Fig may deem necessary or expedient; {g~j''~ Exercise supervision and control over:a~l executive and administrative departments, and recommend to the council any proposal he thinks advisable to establish,- consolidate or abolish administrative departments; {h) Be.responsible for the enforcement of all terms and condi- tions imposed in favor of the town in any contract or public utility franchise, and upon knowledge of any violation thereof, report the same to council for such action and proceedings as may be necessary to enforce the same;. {i) Attend council meetings and parti- cipate in discussions with the council in an advisory capacity; {j} Establish a system of accounting and auditing for the town which shall reflect, in accordance with generally accepted accounting principles, the financial condition and financial operation of Tentative Delete Section 6.3 Reasons: The Manager shall be respon- sible to the Mayor and the Council for the proper administration of the powers and duties delegated by the Council as elsewhere provided in this Charter.) ,~ ' ~, ;1. r !. `~ ?~ Charter, 1972 the town; (k)~Provide for engineering, architectural.; maintenance, and con- struction services required by the town; (1) Serve in ex;officio capacity on all present and future boards, committees, and commissions~of the town; (m) Perform other such duti~s as may be prescribed by the Charter;}or by ordinance or by other applicably law, or required of him by council, whi h are not inconsistent with this Chart~r. ~; Section 6.4 Relationship of Council to Administrative Service Neither the council, its members, the mayor, nor any council committee shall dictate the appointment of any person to office by the town manager except as _ otherwise provided in this Charter or in any way interfere with the town manager or other town officer to prevent him from exercising his ,judgment in the appointment or employment of;" off? cars and employees in the administrative service. Except for the purpose .of inquiry, the council and its members,' the mayor, and any cQUnci1 committee s.ha11 deal with'the administrative s,ervice~solely through the town manager~`and neither the' co~nc.i1, its members, the'; mayor, nor any council committee thereof shall give orders to ~~ any of the subor¢i~nates of the town manager. Section 6.5 Town Clerk The town manager shall appoint a town clerk, who shall be the custodian of the town seal and who shall keep a journal of council proceedings and record in full all ordinances, motions and resolutions, He shall have the power to administer oaths and take 36 Tentative Relationship of Council to Administrative Service Neither the Council, nor any Council Committee shall dictate the apointment of any person to office by the Town Manager except as otherwise provided in this Charter or in any way interfere with the Town Manager or other Town offs r to prevent him from exercising his judg~ ment in the appointment or employment of officers and employees in the administra- tive service, Fxcept far the purpose of inquiry, the Council and its members, the Mayor, and any Council Committee shall deal with the administrative service solely through the Town Manager and neither the Council, its members, the Mayor, no r any Council Committee thereof shall give orders to any of the subordinates of the Town Manager. The Council, by resolution, shall require the Town Manager to conduct the administra- tion of the government in accordance with such policy as the Council may determine, Such policy shall be made public as part of the budget message and at any other time or times the Council sees fit, ~~- Municipal Clerk The Council has the power to appoint a Municipal Clerk to serve an indefinite term of office, and at such compensation as the Council may determine at the beginning of each fiscal year, The Council has the power to remove the Municipal Clerk from office. 37 Charter, 1972 acknowledgements under seal of the town, antl shall perform such other • duties as required by this Charter, the council, or the manager. • Section 6,6 Departments Created Tentative The power and duties of the Municipal Clerk shall be: 1, As Clerk of the Council, attend all Council meetings, keep permanent journal of such meetings;'and be prepared to read from such journal the minutes of any preceding meeting. 2, Rs custodian of the Tawn Seal, sign and then affix the Seal as attesting that a1i resolutions, ail ordinances, all other documents and instruments requiring the seal are true copies or are the originals as signed by the proper ga.verning officials. 3., As custodian of all papers, dace- men a and records pertaining to the Town, to pravide far the maintenance of all such files; to maintain a journal of the location of such files, and to pravide for the public scrutiny of all such files. '4, As liaison officer attesting to the perpetual succession of the Municipal Cor- poration of tl3e Town of Vaii, to administer oaths of office;"and other oaths as speci- fied in this Charter. 5.. As Municipal Clerk,` to have other powers as prescribed in this and to perform such other duties as by the Council and 'by this Charter, such Charter, prescribed Departments of Government The administrative functions of the town shall be performed by the depart--. ments existing at the time this Charter is adapted and such other departments. .~ .as may be hereafter established by ordin-. ante,' The council may by ordinance; .. consolidate or merge any of the said departments, whether set forth by this • Charter or~created by ordinance. The directing officers of all Boards, Commissions,~and Departments of government necessary to the administration of Town affairs sha11 be designated as Department Heads or Assistant Department Heads unless otherwise provided in this Charter. Depen d ent on the Mayor's organizational procedures, there shall be the following functional departments of government, The Mayor shall delegate the administra- tive powers of these duties to the Town Manager if directed to do so by a majority resolution of the Council. 7, Department of Streets .their repair 38 Charter, 1972 Tentative and cleansing of all impediments to their proper use), Public Buildings (their mai~ tenance and use ).,'Transportation, and Ger~ eras Maintenance (of all equipment needed by this department and all other depart- ments of the Town). 2,. Department of Public Safety, 3~ Comptroller and Treasurer (responsi- ble far the preparation of the fiscal budget, the manner of certifying all Town Income, the depositing of said Income in a place having the consent of the Council, and the disbursement of Town funds in accordance with vouchers duly crediting the proper budget account, and having the authority to refuse any disbursement not provided by the adapted budget or by an ordinance of special appro- priation passed by the Council). 4. Department of Data processing (respon- sible for coordinating and providing all computer services essential to the admini stration of the affairs of the Town, and inclusive of the service of supplying copies of Town records at the request of the Muni- cipal Clerk in behalf of any citizen request- ing such records), 5. Finance responsible for the funding . of projects that can be retired within the immediate budget year, or that can be retired at accelerated rate over a period of years; and that can be financed by the issuance of bands; of anticipation warrants, of short term notes; and of other securities attest- ing to the Town`s obligation of repayment; and responsibl e to report., in full disclosure, on the Town`s debt structure as part of the budget process and whenever it is proposed that the debt be increased or refinanced). 6, Department of Community Development. .(responsible far the Zoning-and Building Planning, the Health and >=nvironmental re - ulations that implement the Master Plan of Community Development, and responsible for the Library, the recreational, and the Youth Service facilities). 7~ Judicial (The Municipal Court Judges, the Town Attorney acrd Prosecutor). 1 ~ S ' ,i ?i .~Clarter, 1972 r fti k ~i ,~ +.~ Section 6,1 Bond-ing of Employees c,' All town offici a1 s and emp7 oyees dealing directly;:with municipal funds shall past bond ii.n an amount and under . such conditions ~s required by council, and at the expen~e of the town. •~ i f~ .~ ~:. ;;_ E ,~: .. ~c AR~"'rI~IE VII LEGAL ANO JUDICIARY Section 7.1 Town Attorney The council shall appoint a town attorney to serve at the pleasure of the counci1•, He shall be an attor~ley-~.. at-law admitted to practice in Colorado, The town attorney shat] be the 'legal epresentative of the town and he shall ~dvise the council and town officials in matters relating to their offici a1 powers and duties and perform such other duties as the council may pre- scribe by ordinance or resolution, The council may provide the town attorney such assistants as the council may deem necessary, and may upon its awn motion or upon request of the town attorney in 39 Tentative $~ Board of Adjustment and Appea35 responsible to hear and determine appeals and grievances respecting the Zoning and Building Punning, the Health, and the Environmental regulations as they are applied in actual cases; and to initiate ' changes in the Master Plan of Community Development and .changes in the implement- ing regulations that reflect the Board`s and the public`s constructive criticism). Any determination by the Board may be appealed to the Council, and any determination by the Council may be subjected to judicial review,} 9, liquor Board. Fidelity Bonds Before any officer or employee of the Tnwn, whose duty will include the handling of 'own funds, may be permitted to actually handle such funds the officer or employer sha'l1 obtain and file with the Municipal Clerk a fidelity bond from a bonding company, authorized to do business in the State of Colorado, in an amount fixed by the Council by ordinance, The cost of obtaining such bond shall be borne by the Town. Town Attorney The Council, by resolution: ta) shall appoint an attorney admitted to practice in Colorado to serve as Town Attorney for such term as the Council deems fit; (b} may provide the Tawn Attorney such assistants as the Council deems fit; and ,{c} in special cases may employ special counsel to serve with the Towh Attorney, whether requested by the Town Attorney or not. The Council, by ordinance; Sa} shall fix the compensa- tion of the Town Attorney and staff at the beginning of each fiscal year; and fib) shall fix the compensation of special counsel. The services that may be required of the ;~ i ~. ~C}'arter, 1972 special cases ~mplay special counsel to serve under the direction of the town attorney. Cai~ncil shall establish compensation for, the town attorney, his assistants and ~pecial counsel. ,, ~~ ,r,~ ~' i ~, ~,; ~~:F ,~ { ~~ ti .. !' _ h Section 7,2 Judi`~ciary r, y.y. ~,, ta} Presidia?Municipal Judge.. There Shall be a~~.~ynicipa`l court vested with exclusive original juris- diction of all cases arising under the ordinances of the town and as may be conferred by law. The muni- cipal court shall be presided aver and its functions exerci.~ed by a judge, appointed by the council far a speci~Fied term of two ~2) yearn. . The council may,`when his appoint- ment for term of office expires, re--appoint the municipal judge. Any vacancy in the office of muni- cipal judge shall be fir ed by appointment of the council for the remainder of the unexpired term. _(b} Deputy Judges Council may appoint one or more deputy judges as it deems necessary, the deputy municipal judges shall all 40 Tentative Town Attorney are. 7. To be legal advisor to, and to b~ attorney and counsel for any person or persons who, in connection with their duties to the Tawn, have need of such services; and who are granted such services by resolution of the Council. '2, To review a`l7 ordinances, contracts, bonds, and other written instruments which the Council ar the Mayor may submit, and to promptly provide a legal opinion as to the consequences thereof, 3, To serve as Tawn Prosecutor in the Municipal Court with respect to cases of ordinance violations, 4, Ta conduct, for the Town, cases before other legally constituted tribunals. 5, To inform the Council on all mat t of changes of law affecting the Town. 6, To file with the Municipal Clerk copies of all documents and retards of the office of Town Attorney. Judiciary (a} Municipal Court. - „ .l , . Jurisdiction and Appeal . Sy authority of this Charter, the Council shall establish a Municipal Court which shall have jurisdiction to hear and to determine all cases arising under this Charter and under the ordinances of the Tawn; subject to appeal in the manner provided by Federal and 6y Colorado State law for appea']s from Muni- cipal Court to the appropriate higher court; 2~. •Process Jurisdiction, The Gout may serve a' summons,-~camplaint,'citation,~ warrant; or any other notice of process on any pe~rsan in the Town of Vail ; 3,, The Court may render judgment on any forfeited bond or recognizance return- able to the Court subject to appeal as in any other case; 4. The Court may punish contempt of Court by fine not exceeding fifty dollars, or imprisonment not exceeding three days, ar 41 Charter, 1972 have the powers of the municipal judge when called upon to act by the munici- pal judge ar council, In the event that more than one municipal judge is appointed, the council shall designate a presiding municipal judge, who shall serve in this capacity during the term for which he was appointed. The deputy municipal judges shall serve at the pleasure of the council, (c) Compensation, The municipal judge shall receive a fixed salary or compensa- . Lion set by the council, which shall not be increased or decreased during his term of office. The deputy municipal. judges may receive such compensation for services rendered as council may determine. (d) Removal. Rny municipal judge may be removed during his term of office only far cause. R judge may be removed by a majority vote of the council for cause if. 1, He is found guilty of a felony or any other crime involving moral turpitude;. or 2, He has wilfully or persistently failed to perform his duties; or . 3. He has a disability which inter- feres with the performance of his duties which is, or is likely to become, of per manent character. • Tentative both fine. and imprisonment; 5, When a Municipal ~~~ge is nat'~ available for purposes of adm-Iss7~n to jail of any person arrested and br~rught to the= Municipal Court or jail on charges of vio~ 1 a ti ng a municipal 1 aw, such pea son may b,e admitted to jail by any official des''ignated by the Municipal Judge to serve in s~itch~ capacity. In the event no SUCK offi-cia1'is available within three hours of the arrest, the accused shall be released upon personal recognizance; ' 6, The Court may set bail., `:at the election of the accused., in the farm of.~a cash security, real property, tangible or intangible personal property, accepirabld corporate surety bond or acceptabie.~priVate sureties. In cases when permitted under the rules promulgated by the Court, bail may be upon personal recognizance without security or surety - ' 7, The Court may enforce its' orders and judgments in a manner alilEe to what a Court of Record may do, (b) Judges, The Council shall appoint a Municipal Judge, and may appoint one or more Deputy Judges. Each appointment shall be far far a term of not more than four .years.; and each appointee shall be eligible .for' re-appoint ment . Rn appointee shall be a goal i f''i ed electpr of the State of Colorado ~. and at least 25 years of age, The Council, by ~, ordinance.,~sha17: (I) fix the compensation of the Municipal Judge at the beginning of each term of office and may not decrease the compensation during that erm; and (II) shall fix the compensation of each Deputy Judge,. In the event all Judges are absent, disqualified, or unable to act in any matter before the Court; the Mayor may call any eligible persan~to serve temporarily as actT ing Judge, The Municipal Judge shall appoint, with the. advice and consent of the Council by reso7ut-ion,'a Municipal Court Clerk and, if the Municipa'J Judge deems it necessary, a Deputy Municipal Court Clerk, The forms of the Complaint, procedures and proceed ings, and all other rules of the Court shall ~ be fixed by the Municipal Judge, The costs and fees in the Court shall be fixed by the Municipal Judge with the approval of the Council by ordinance. (c) Removal from office, By a majority ~2 Charter, 1972 Tentative vote of the Council, a Judge may be removed from office and be ineligible f re-appointment if the Judge is found guy of a felony or any other crime of moral turpitudes, if deemed as failing to perform the duties ofi a Judge; if deemed as c~nduct- ing an intemperate Court besmirching the concept of Justice; or if involved in giving 7ega1 service to anyone appearing far trial before the municipal Court. ~d) Voter Approval. Quring the fourth year of any Judge`s term, the Judge's name shall be submitted for voter approval at a regular municipal election occurring during that fourth year providing the Judge seeks re-appointment. If a majority of the e1 igi b1 a voters approve, the Judge `s term is extended for another four years. If not approved, the Judge is ineligible for re- appointment, The Council sha11 have the authority fi11 any vacancy in a judge's office as provided in Paragraph fib) above, je) Violations Bureau, By authority of this Charter, the Council shall establish with- in the Court a Violations Bureau for handling violations of Municipal law as prescribed by the Municipal Judge and as approved by the Council by ordinance, Any person who has received a notice to appear in answer to a charge of violation of said prescribed law, gay within the time specified in the notice answer at the Vio']ation Bureau to the charge set forth in said notice by paying a fine, p7 ea ding guilty in writing, waiving a Court hear.ing,'and giving power of attorney to the Bureau to make such a plea and pay such a fine in Court. Acceptance by the Bureau of such prescribed fine and the power of attorney shall be deemed to he complete satisfaction for the violation ;'and the violator shall be given a receipt which states that sat' faction. This procedure of adjudicatio n a violation shall not be construed as d~priv- ing the accused of a full and impartial hear- ing in Court or of trail by jury, should the accused so choose, 43 Charter, 7 972 ARTICLE VIII BOARDS AND COMMISSIONS Section 8.1 Existing Boards and Cammi 55i.onS Tentative Existing Boards and Commissions A11 existing boards and commissions shall continue as established by ardin- once, except as otherwise provided in ' this Charter, Section 8.2 Composition of boards and Commissions The composition of all existing boards ., and commissions and those hereafter ~~. established shall be such that no town employee shall be allowed to serve; neither the mayor,nor,any council man shall serve on any board or commission. Terms and conditions of appointment to such boards and commission shall be determined by ordinance. Section 8.,3 Punning Commission There shall be established a seven ~~7) member planning commission appointed by the Council. Members of the commission shall be residents of the Town of Vail and electors, The terms of appointment to the planning commission sha11 be far four ~4) years on an overlapping basis, Rll existing boards and commissions sha11 remain as established unless other- wise provided in this Charter. Membership and Purpose Neither the Mayor, nor any other member of the Council, nor any Town employee shall serve as a member of any Board and any Commission, No one may serve as ex-officio member of any Board and any Commission. The Council shall-have the authority to establish by ordinance the purpose, powers and duties, the terms of office that permit overlapping terms and qualifications for membership inclusive of residency in. the Town. The Council shal'1 appoint all members, fill all vacancies,'and remove any member from office on any board and any commission it establishes by ordinance, The Council shall free each board and commission to elect its own presiding officers and adopt its own rules of procedure. The Council may by ordinance abolish any board or commission provided the board or commission was originally estab'iished 6y Council ordin- ance and not by this Charter or by any State statute. Planning Commission ~No change from the provisions at left, except that the term of office shall be The department of community development responsible for the Zoning and Building Planning, the Health and the Environmental regulations that implement the master plan of community development is the Planning Commission.) (See Item 6, page ) 44 Charter, 1912 Section 8,4 Environmental Commission Tentative two years, The Council shall establish and appoint a Planning Commission of seven members, The members shall be electors of the Town of Vail and shall serve for two years during overlapping terms, There shall be established an environ, mental commission appointed by the council, Its functions shall be defined by ordinance and include but not be limited to aesthetic., architectural, en vironmenta1 and ecological coordination and planning relating to the enchancement and the preservation of the quality of 1 i fe. Section 8,5 Vacancies Whenever a vacancy occurs on any board or commission, the council shall cause public notice of such vacancy to b.e. made and encourage ..goal i fi ed volunteers to seek appointment to such board or commission, ':The__Goun~cil sha11 then make appointments to fill such vacancies, Section 8,.6 Right to Establish In addition to those boards and commissions heretofore created by ordin- ance, council steal] have the power and authority to create boards and commissions, including advisory and appeals boards,, Ail permanent boards and commissions, including advisory and appeals boards, shall be created by ordinance, which shall set forth the number and quali- fications of members including resi-~ dency requirements, if any, and the powers and duties delegated to such boards and commissions. Initial appointments by the council to any board or commission shall specify the term of office of its members in order to achieve overlapping tenure, ~De1ete,. The functions of the environ- mental commission are part of the Functions of the Planning Commission.) Vacanies on Boards and Commissions Whenever a vacancy occurs on any board or commission, the Council shall cause public notice be made, to encourage qualified volunteers to seek Council appointment to fill such vacancies.. (Delete. Subject covered elesewhere, See Section 8,2) I I ' • r ! ~ r :~fCharter, 1972 ,i All members; however, shall be subject to removal by;the council. Each board and commission sha13 elect its own chair- man and vice-chairman from among its members. Each beard and commission shall operate in accordance with its own rules of procedure and'its meetings shall be open to the pub~l~ic. Any board or commission created under t,t~is article which is not required by statute or this Charter may be abo7 fished by th ~ council . i ARTICLE IX i TOWN FI~fANCES Section 9.1 Fiscal Year The fiscal year of the town shall commence on the<<first day of January or on such date each year as shall be • fixed by the council. k,'` ~F~ ' ~I Section 9.2 Provision far Tax System The council ma,~ by ordinance pro- vi de a system for,•,: the assessment, 1 evy and collection oir`all town taxes, not inconsistent wii~~;,'-this Charter.. .f' ~,.~~ ~ . Section 9.3 Budget The town manager shall annually prepare and submit to the council a budget and accompanying message. The. budget shall provide a complete finan- cial plan of all town funds and activities for the ensuing fiscal year and, except as required by law and this Charter, shall be in such farm as the manager deems desirable ar the council may require. In organizing the budget, 45 Tentative Fiscal Year ~No change.) Tax System The Mayor shall provide an accounting system for the assessment, the levying, and the collection of all taxes and revenue, and submit the system to the Council far its enactment~as law. The Mayor shall delegate the full respon- sibility of this duty to be exercised by the Town Manager at the direction of a " majority resolution of the Council with the Mayor abstaining from the resolution pro- ceedings, ," ~ Budget Soon after the beginning of the current fiscal year,-the Mayor shall begin the preparation of the budget for the next fiscal year to be ready for submission to the Council within four months from the begin- ning of the current fiscal year. The budget shall be accompanied by a message on the state of the Town, of its streets, of its public boil dings., of its equipment, of its parks, the whale of its debt structure; ~~ ~. / ~ t ;`~Cl~~arter, 1972 the manager shill utilize the most feasible combination of expenditure classification by fund, organization :~ unit, program, purpose or activity and object. It~shall begin with a clear, general sfummary of its contents and shall be so 1`arranged as to show comparative figures far income and expenditures of +the preceding fiscal year. ~~ i 4' , r• }_ , ~:~. 1 ~r; f, ~, ~~ ;~;, '~. Section 9.4 Capital Program ~,,~'" The manager shall prepare along- range capital program and submit same to the council two (2} weeks prior to the submission of the budget. Such program shall include a statement of the special revenue fund additional cent sales tax as all owed under Ordi n~ ante Igo. 3 of 7971. Expenditure of this revenue for other than capital improve- ments andJor open space acquisition or improvements shall require not less than five (5) affirmative votes of the Council Section 9.5 Budget Hearing A pubic hearing on the proposed budget and proposed capital program shall be held by the council no later than thirty X30} days prior to the close of the fiscal year. liotice of 4b Tentative and the state of the master plan far community development inclusive of the long-range capital program, The messag shall. also i ncl ude the Council 's policy respecting each item of the message. The budget shall provide a complete financial plan for the ensuing year and reflect the organizational structure of the government and the cost of each part of the structure, The budget shall show the actual expen- ditures and income of the previous year, the estimated expenditures and income of the current year,`in comparison with pro- posed expenditures and estimated income of the next year. Also, the buget shall show the budget records of actual expenditures and income during the last ten years, By a majority resolution of the Caun~, with the Mayor abstaining from the resoIia- tion proceedings, the Council may direct the Mayor to delegate the responsibilities of phis duty to be exercised by the Town Manager, Delete. The capital program is covered elsewhere. The inclusion of the ordinance in this Charter raises the question that the ordinance can be changed only by amending the Charter; and yet in liberal interpre- tation a 5 vote Council majority can change the Ordinance by simple resolution.} • Enactment of the Budget into Law The Council shall adopt the Budget by ordinance, and may make any changes in its proposals as it sees fit, The public meeting, required by the 47 Charter, 1972 the time and place of such hearing sha~I7 be published one (7) time at least seven (7) days prior to the hearing. Section 9.6 Council Amendments After the public hearing, the council may adopt the budget with or without amend- ment. In amending the budget, it may add or increase programs or amounts and may delete ar decrease any programs or amounts, except expenditures required by law ar for. debt services or for estimated cash deficit, Section 9,7 Counci] Adoption _ The council•sha17 adopt the budget by ordinance on or before the final day of the fiscal year. If it fails to adopt the budget by this date, the amounts appropriated for the current operation for the current fiscal year shall he deemed adapted for the ensuing fiscal year on a month-to-month basis,' with all items in it pro-rated accordingly, until such time as the council adopts for the ensuring fiscal year. Section 9,8 Property Tax Levy Adoption of the budget by council shall can-s titute appropriations of the amounts specified therein as expenditures from the funds indicated Council shalt cause the property tax to be certified to the county for collection as required by Taw, Tentative ordinance procedure shall be held no sooner than seven ~7} days after public notice of the meeting is made, and shall be held no sooner than two weeks after passage of the budget by the Council in "first reading consideration,'r The notice shall contain an adequate summary of the budget proposals and their changes, if any, and the meeting shah be exclusively public meeting an the budget. The Council shah] adopt the budget in "Second reading consideration: on or before the final day of the fiscal year. In the event that the Council fails in this, the budget of the year just ending shall be deemed in full force on a monthly pro--rata basis respecting all items of the budget until such time that the Council adopts a budget for the current fiscal year. In addition to the provisions respecting ~~ the proposed expenditures and estimated i ncome,~ there shall be included i n the Budget Ordinance provisions for the audited appropriation of Town funds, and privisions for such tax measures necessary to imple- ment the budget without deficits being incurred. The Mayor shall have the responsibility and authority, with the advice and consent of the Council, to establish a system of accounting for the collection and disbursal of Town funds in the implementation of the budget. The Mayor shall delegate this authority to the Town Manager as "the advice and consent" of a two thirds majority res~lu- tion of the Council,'with the Mayor abstain- ing~in the resolution proceedings, in t77e event that the tax measures provide fora tax decrease, the tax measures shall become law with the approval of the Budget Ordiriance.~ If the tax measures seek an increase ire taxes, the Budget Ordinance shall call, on its approval in Council, for a special referendum election to seek approval by the electorate of_the~tax increase, except that if the tax measures provide for a mill levy property tax assessment of no more than 75% increase of the Town of Vail mill Levy imposed to implement the Budget, such an increase shall not require a refer- endum, and shad become law with passage of the Budget Ordinance. ~$ Charter, 7972 Section 9,9 Public Records Tentative Copies of the budget and the capital program as adopted shall be public records and shall 6e made available to the public in the municipal building. Section 9,10 Amendments after Adoption ~a) Supplemental Appropriations. ,. If., during the fiscal year,' the manager certifies that there are available for appropriation revenues in excess of those estirated in the budget,~the council by ordinance may maEce supp1 emental appro- priations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of Section 4.77., To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by emergency ordinance authorize the issues once of emergency notes which may be renewed from time to time, but the emergency notes and renewals of any fiscal year. will be paid no later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. .~c) Reduction fo Appropriation,, •If, at any time during the fiscal year,' it appears probable to the manager that the revenues available will be insuffi- cient to meet the amount appropriated,-'he shall report to the council without delay,, indicating the estimated amount of deficit, any remedial action taken by him and his recommendation as to any other steps to be taken. The council shall then take such further,actiun~as it deems necessary to prevent or minimize any deficit, and for that purpose it may by ordinance reduce one or more appropriations., Delete, Provided elsewhere in this Tentative Charter,) Supplemental Budget If by conservative budgeting, made clear ~in the budget message,-'certain projects have been curtailed from meeting full or best need, and the Mayor can certify to the Council that revenues are in fact in excess of estimated; then, the Mayor shall recommend a supplemental budget to reflect the increased revenues for Council adoption. The Council shall adopt the supplemental budget with such changes it sees fit even to allocating all the excess revenue to debt servicing, Emergency Appropriation zn the event of an emergency, Sectian 4,77,'-that the Council can meet in whole or in 'part by the expenditure of funds, the Council may pass an emergency ordinance in accordance with Sectian 4,77 (Tentative} to appropriate the funds needed to meet the emergency. If the uncommitted funds in the Town`s treasury are insufficient to meet the emergency,~the Council shall have the authority to pass the emergency ordinance to provide for the issuance of short-term notes to be financed (or refinanced if necessary) over a period no 'longer than two years from the date of the emergency ordinance, -,' ~~ Reduced Budget If during the budget year it becomes apparent that revenues are falling chart of expected, the Mayor shall defer where possible from funding projects as budgeted, and shall immediately inform the Council of the probable extent of the short fall, The Council shall, then, reduce the budget, by ordinance, to meet the reduced expected income, On a [~a jari ty resolution of the i ~ 1 ~ ~. J~1+ V :~ Charter, 1972 ~. s ;. (d) Transfer of Appropriations, Any time during the fiscal year, the . manager may transfer part or all of any unencumbered appropriation balance among programs u~ithin a department office or agency; and upon written request of the .tanager, the council may by resolution f ansfer part or all of ,any unencumbered appropriation balance from one department, office, agency., or object to another. rf (e) Limitation-Effective gate. No appropriation for debt service may be reduced or transferred; and no appro- priation may be `:reduced below the amount required by law~to be appropriated or by more than the amount of the unencumbered Gal once thereof . ~. The suppl mental and emergency appropriations and the reduction or transfer of appropriations authorized by this section 'may be made effective • immediately on aaoption~ ~.~~ ~'' i, Section 9.11 Independent Audit An independerl~t audit shall be made of all town accounts at least annually and mere :frequen.tly '~~ deemed necessary by -. tl~e~ council . Such audit shall be made by certified publ'~c accountants selected by the council wri'~ shall complete the audit within fou~i^, `(4) months time of the close of the fiscal year. Copies of such audit shall be made available far public inspection at the municipal building, • 49 Tentative Council with the Mayor abstaining from the resolution proceedings, this authority may be delegated to the Town Manager. Transfer of Funds. At the request of the Mayor, the Council by resolution may make transfers of any unencumbered fund balance of any department, office, or agency from one program to another within that department, office, or agency. Also, at the request of the Mayor, the Council by ordinance may make transfers of any unencumbered fund balance from one department, office., or agency to another. Financial Audit An audit of all finances of the Town shall be made by independent certified: public accountants selected by resolution by the Council, The accountants shall be engaged in t3 me to allow them to complete the audit at least three (3) weeks prior to the introduction of the budget for the next fiscal year. The audit shall correlate al] expenditures, all income with all funds general and special established by Town Law such as taxes, debt servicing, the budget, borrow- ing, etc. The Council shall accept the audit by ordinance ,i y. ~, ~f ,.,~ ~ ~~ Charter, 1972 ~1 ARTICLE X MUNICIPAL BORROWING Section 10,1 Forms of Borrowing The town may.~borrow money and issue the following s'~curities to evidence such borrowing; (a} Short-term Notes; (b} Anticip'~tion Warrants;: (c} General' Obl i gation Bands and like securities; (d} Revenue~Bonds and other like securities; .{e) Local Improvement Bonds and other like securities. f,:~ ~. Section 10.2 Short-term Notes ~;~ Borrowing The Council shall have the authority to provide for the borrowing of money, the de~at servicing of such borrowing, and the issuance of the Following securities to the lenders: (a) Short-term motes; (b) Anticipation Warrantsx (c) General Obligation Bands and like securities; (d} Revenue Bonds and other like securities; fie} Local Improvement Bonds and other like securities, Short term Notes The municipal~.'government., upon affirmaw five vote of the'~,majority of the entire council, may borrow money without an election in anticipation of the collection of taxes or other revenues and, to .issue short-term notes to evidence the amount so borrowed, An~:such short-term notes shall mature wi tt~a n twelve (12) months ., ~' ~. F i!~~ f Section 10.3 Anticipation Warrants Anticipation warrants may mature within such period as shall be deter mined by the council. . ~o Tentative By majo rity vote of its membership, the Council by ordinance., may issue short term notes in anticipation of the collection of taxes and other revenues; and shall retire the notes within the tax year with the anticipated funds as they are col'fected, Anticipation Warrants By a two.-thirds ma jari ty vote of its membership,~the Council may issue antici- pation warrants, by ordinance; and shall re-purchase the warrants with the stated anticipated funds as they become avail- able, • Section 10,4 General Obligation Bonds Na bonds or other evidence of indebted Hess payable in whole or in part from the proceeds of general property taxes, or to which the full faith and credit of the town are pledged, shall be issued, except in pursuance of an ordinance, nor until the question of their issuance shall at General Obligation Bonds Any bond or other evidence of indebted- ness redeemable in whole or in part from the proceeds of general prnperty taxes, or to which the "full faith and credit of the Town" is to be pledged, shall first be passed by a majority vote of the Council in "first reading consideration" as an ~ I "! CP~arter, l 972 .{ at a special o~'r regular e1 ecti on, be submitted to a vote of the reg istered electors and approved by a majority of . those voting thereon; provided however, that such securities issued for improv- ing or extending any municipal utility ~. system, includi~kg water and sewer systems, may be~so issued without an election. '~ s. Section 14.5 Limitations ~;. There shall tie no limitation as to the amount of bonds ;and securities;'except in documents providing for the issuance of same, which may be issued by the town subject only to the election provisions of Section 10,4,. All bonds issued pur- suant to the provisions of this Charter shall be sold at~~' public or private sale • to the ;best advantage of the town at above or below p~;r. 8onds may contain provisions for calling same at designated periods prior ta.'~,the final due date, with or without payme~,t of a prior redemption premium. "~~) Section Ifl,6 Revenue Bonds The town, pursuant to ordinance and thirty (30) days public notice and without an election; may borrow money, issue bonds,'or otherwise extend its 5l Tentative ordinance, The public meeting to follow shall- have the exclusive subject: "the total debt of the Town and the proposed ordinance i:o Increase that debt," Before proceeding further in the ordinance process, the Council shall submit the question of debt increase to the action of the electorate in referendum. If approved by the electorate, the Council may approve the ordinance to increase the debt in "second reading consideration." If the electorate disapprove, the action of the electorate becomes law,'and further consideration of the debt increase ordinance shall cease. Debt Limitation ~ihen .the yearly debt service applicable to the retirement of the whole of the indebtedness of the Town is applicable to the property in Tawn becomes 25% of the total yearly revenues of the Tawn from all sources of revenue,'the Mayor shall declare and the Council shall acquiesce in resolu- tion a moritorium on all borrowing except as provided in Section 9.9 tentative) for emergency appropriations. The moritorium may be ended by resolu- tion of the Council when the yearly debt service becomes 22% of the total yearly revenues, There shall be provided in each yearly budget a debt service escrow fund. The fund shall be increased at reasonable rates each year until it accumulates to a 7 evel at least equal to 50% of the yearly debt service Any excess above this level shall be used for debt retirement. Revenue Bonds If the Council finds need to acquire, construct; extend, operate, andJor improve a water, electric, gas,`or sewer system as a self-sustaining income producing public ~z ., Charter, 1972 credit for purchasing, equipping, and constructing, condeming, otherwise acquring, extending or improving a water, electric, gas or sewer system, or other, public utility ar incame- producing project, provided that the bonds or other obligations shall be made payable from the net revenues derived from the operation of such system, utility, or project, ar from the proceeds of any revenue tax other than general ad valorem tax imposed by the Town of Vail, or the State~of Colorado or agency thereof, Any one or more of such systems, utilities and projects may be combined, operated and maintained as joint muni- cipal systems, utilities or projects, in which case such bonds or other obligations sha11 be made payable out of the net revenue derived from the opera- tlan Of SUCK joint Systems utilities or projects, Revenue bonds issued pursuant to the authority granted herein may be secured by general property taxes or the full faith and credit of the town, in which event an election as provided in Section 10.4 shall be required, Such bands shall not be considered a debt or general obli-. gation of the town,'and shall not be included as part of the indebtedness of , the town for any purpose.. Tentative project;~fuily capable of paying its bonded indebtedness, the Council may issue by ordinance revenue bands to fund such projects in anticipation of the expected revenue, To the extent that the revenue from such projects fa71s short in sustaining the debt, the Council shall deem any bonds it issues to fund the project,""General Ob]igation Bonds" subject to the provisions of Section 10.4 (tentative}. r~ Section "10.7 Refunding Bonds The council may authorize, by ordinance, without`an election, the issuance of refund ing bonds 'or other like se-curl ties for the purpbse~~of refunding any of the bonded indebtedness of the Town of Vail,~~whether due or not, or which has or may become payable at the option of the taws, ar by the consent of the bondholders or by any lawful means, whether such banded indebtedness be now existing or may here after be created, The proceeds derived from the issuance of any refunding bonds under the provisions of this section shall either be immediately applied to the Refinancing If the object of refinancing of the debt i.s to spread payments over a longer period of time without increase of the debt except for interest load, the Council may do so by ordinance, if the refinancing adds to the princil to provide monies far immediate use, the refinancing bands shall be deemed "Genera] Obligation Bands" subject to the provisions of Section 10,4 (tentative}. ii 4 ` II , !+ ~ ~5 sCharter, 1972 •Y payment, or re~lumption, and retire- ment of the bonds to be refunded, and • the casts and expenses incident thereto., or shall immediately be placed in escrow to be applied tq the payment of said bonds upon theirs presentation thereof, and the costs acid expenses incident thereto, as may,~be provided by the town council. Any f nds of the town legally available there ore may be placed in any escrow account and established under the provisions ,~f this section.,^`any may be used for the purposes specified in the escrow agreement, if such procedure is deemed by the town council to be in the best interests Of the town. t Section 10.8 Special or Local Improve- , menu District Bonds The town sha1;l have the power to create local improvement districts and to assess i the cost of and;',relating to the construe- ti on ar i nsta17 a~~ti on of speci a7 ar 1 oval improvements of every character against benefited property within the designated districts i n thy` town by (a) Order of,~~:counci1, subject, however;" to protest by the owners of a majority of all property beri~fited and constituting the basis of assessment as the council may determine, "'~~ fib) On a petition by more than fifty X50) per cent of the 7andowner.~ i.n the area of the pro posed. district, In either event,' a public hearing sha7-1 be held at.'which all interested pa-roes ., may appear and be heard,. Right to protest and notice of public hearing as provided by council by ordinance, Such improvements sha11 confer special benefits to the real or personal property within said district and general benfits to the town at large. The council shah have the power by ordinance without an election to prescribe the method of making such improvements, of assessing the cost thereof, and of issuing bonds for cost on constructing or installing such 53 Tentative Special or Local Improvement Districts and their Financing The Council sha11 have the authority by ordinance to declare any given district of the Town a "Special ar Local Improvement District" This it can do on its own cognizance or at the request of more than 50% of the property owners of the district. At the public meeting, following passage of the "first reading consideration" of the ordinance shall be wholly on the pro's and con,rs of the planned improvements., their benefits to the whole Town, and their costs both in tame and money. Then, if the Council finds that the improvements are~preponder- ately of benefit to the property owners, and a two thirds majority of the property owners still want the improvements, in "second reading consideration" the Council shall make provision to assess the property owners to bear the greater burden of the cast as determined by the Council. If, on the other brand,' the improvements will be of general benefit to the whale Tawn,'in "second reading consideration" the .Council may increase the `ad valorem property tax to provide revenue of the improvements, pro- vided such increase is not prohibited by Section 9,7 tentative). If the improve- ments cannot be funded in this way, the Council shall issue "General Obligation Bonds" subject to the provisions of Section 10,E .(tentative), ~1. ,~ ~; ~~ ,y (°yi~~~rter, 1972 Tentative improvements including the casts - incidental thereto, ' Where a71 outstanding bonds of a special or local improvement district and any monies jremain to the credit of the district, they shall be transferred to a special s.~;rplus and deficiency fund and whenever there is a deficiency in any special or local improvement district fund .to meet the payments of outstanding bor{ds and interest due thereon, the deficiency shall be paid out of such surplus and deficiency fund. Whenever a special or local improvement district has paid and cancelled three- fourths of its ;bonds issued, and for any reason the remaining assessments are not paid in: time to take up the remaining bands of the district and the interest due thereon and there is not sufficient monies in the special surplus and deficiency fund, then the town shall pay said bonds when due and '~ the interest du~~ thereon, and reimburse itself by colleting the unpaid assess- ments due said district. In consideration of general benefits conferred upon~the town at large from construction and installation of improvements in'-improvement districts, the council may;~evy annual taxes wi~thr out an election' ~n a77 taxabl e property within the town~~'~t, a rate to be deter' mined by the council, for the purpose of advancing the monies to maintain current payment of interest and equal annual payments to the principal amount of bonds issued for any improvement district hereafter .created. 1"he pro- ceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purpose specified herein, provided that in Lieu of such tax levies, the council may annuaI7y transfer to such special fund any available monies of the town. 54 55 Charter, 1972 ARTICLE XI TAXATION Section 11.1 Authority to Levy Taxes The Council may levy and collect taxes, without 1 imi tati on as to amount far municipal purposes which may include but shall be limited to: general ad valorem property taxes, sales tax, use tax, bed tax, occupation tax, excise tax, No sales tax or bed tax shall be levied after the adoption of this Charter unti3 such tax shall have been approved by a majority of the registered qualified electors voting at a regular ar special election. Tentative Authority to Levy and to Collect Taxes. The Council shall levy and collect taxes to raise revenue to fund the opera- tions of the Municipal Government estab- lished by this Charter. An increase in any tax, or the levy of any, new tax, or the passage of any measure, however named or described, as a measure for raising revenue shall be passed by the ordinance process of "first reading con- sideration" followed in due course by a public meeting devoted exclusive to the tax ordinance, Then to pursue the matter further,'the Counci'1 shall call a special or regular el ecti on in referendum of the tax ordinance to the people, ARTICLE XII PUBLIC UTILITIES ANQ FRANCHISES Section 12.1 General Powers The town shall have and exercise with regard to all utilities and franchises all municipal powers Including, without limitation,'all powers now existing and which may be hereafter provided by the Con- stitution and statutes. The right of the town to construct, purchase or condemn any public utility, work or way, is expressly reserved. If the electorate approves the measure, the Council may then enact the measure as law in 'second reading consideration" of the tax ordinance as approved by the people, If the electorate disapproves, the peop7 es ` act is law;. and the measure may not be introduced except in two years after its rejection, and then only by the ordin- ance referendum process. Franchise Powers A71 powers concerning the construction, purchase; or condemning (with due compen- sation) any public utility,`work or way; and concerning the granting, amending, revoking, or otherwise dealing in franchises, reserved to the people by the Constitution and statutes of Colorado; shall be exercised by the Council only as expressly authorized by the electorate in the ordinance-referendum process provided elsewhere in this Charter jtentative), III r ~ ! ~. .,~ 3 :~ Charter, 1972 Except as oth~rwise provided by the Constitution br this Charter, all powers concerning the granting, amending, revoking or otherwise dealing in franchises shall be exercised by th~ Council. ~~ `I Section 12.2 Water Rights The town sh~;~l have the power to buy, exchange, lease, own, and conr trol water rigY~ts, 4 Section 12.3 Utility Rates and Service Areas {. i, . The Council ~_hall by ordinance _ establ isb-,.rates :for services provided by municipa7ity~~owned utilities. All newly-annexed td,rritory sha11 be served by municipal uti{Pities within a reasan- ~ able period of time after annexation, If the council desires to extend the municipal uti7it'ies beyond the town boundaries, it .hall do so by ordinance. ' f !4r ~` ' A;. y ~F. x~. ~. Section 12.4 8ra'ritring of Franchises No franchise shall be granted that exceeds twenty {20} years. 56 Tentative Water Rights Water rights sha11 be deemed a public utility subject to the provisions of Section 12.1 (tentative), Utility Rates and Service Areas The Council shall by ordinance establish rates for services provided by municipality-owned util-i ties, Al i newly-annexed territory shall be served 6y municipal utilities within a reason- able period of time after annexation, If the Council desires to extend the municipal utilities beyond the Town boundaries, it shall do so by ordinance, It shall do so by the ordinance referendum, process, Life of a Franchise No franchise life shall be granted that exceeds five i5} years, nor shall any franchise guarantee it as exclusive. The franchise shall be made subject for review by the ordinance-referendum process of this Charter {tentative}.at periods no longer than five {5) years. Section 12,6 Franchise Records The council shall cause to be kept in the office of the town clerk an indexed franchise record in which shall be transcribed copies of a77 franchises Franchise Records {No substantial change,} 57 Charter, 1972 heretofore and hereafter granted. The index shall give the name of the grantee . and any assignees. The record, a complete history of all such franchises, shall include a comprehensive and convenient reference to all actions of law affecting the same, and copies of all annual reports and such other matters of information and public interest as the council from time to time may require. Tentative Section 12.7 Existing Franchises All franchise ordinances of the town in effect at the time this Charter is adopted shall remain in full force and effect according to their provisions and terms until the expiration date provided in such ordinance or until modified by another franchise, ARTICLE XIII i~ISCELLANEOUS PRpViSI0N5 Section 73.7 Reservation of Power T.he power to supersede any law of this state now or hereafter in force, insofar as it applies to local and municipal affairs, shall be reserved to the fawn, acting by ordinance, subject only to the restrictions of Article XX of the State Constitution and subsequent amendments to the Charter and by ordinance. Section 13,2 Liability of the Town No action of recovery of compensa~ tion for personal injury, death, or property damage against the town on account of its negligence or other tort shall be maintained unless written notice of the alleged time,' place and cause of injury, death, or property damage is given to the town clerk by the person injured, [by any Existing Franchises All franchise ordinances in effect at the time this Charter is adopted shall be reviewed for modification as soon as prac- tical by the ordinance-referendum process applicable to all franchises, Delete this Section, its substance is included elsewhere,) .- Liability of the Town (Tentative changes. The time limit of notice of death or of injury leading to disability shall be one year. The Town Clerk shall not reject the notification for any reason; but sha11 duly record the notification and submit it to the Town Attorney,} (Other changes are superimposed and enclosed in ~~.} 58 ~ ' Charter, 1972 agent of the persons his agent, or attorney within ninety (9d) days of the occurrence causing the injury, death, or property damage, The notice given under the provisions of this Section shall be deemed invalid or insufficient solely by reason of an inaccuracy in stating the time, place, or cause of the injury, if it is shown that there was no attempt to mislead and the town in fact was not misled thereby. This provision shall not be construed as a waiver of any governmental immunity the town may have now or in the future, Tentative Section 13,3 Sale or Lease of Property Council may sell, exchange ar dispose of public utilities, or permanent buildings or real or. personal property with or without first obtaining approval of a majority of the registered electors voting thereon, as shall be determined by the council. The council may lease,' for such term as the council shall dete r mine, any real or perso.na7 to or from any. person, firm or corporation, publ i c or~private, governmental or otherwise,• Section 13,4 Bequests, Gifts, and Donations Council, on behalf of the town, may receive or refuse bequests, gifts,, and donations of all kinds of property in fee simple or in leaseho1d,'ar in trust for public, charitable, or other purposes, and do all things and acts Sale, Purchase, or Lease of Property. The Council by ordinance, or by ardinance- referendum, may sell, lease, purchase, exchange, or dispose of public utilities~r publ is buildings or real or personal property; except that the Council shall not remove from the •Town property roles any property designated essential to the historical image and quality of the Town. This 'list of essential property shall be prepared by a citizens committee of at least ten ~1Q) persons knowledgeable of such matters appointed by the Council, The list shall be made a provision of the Gharter. The Council, having the power of Zoning, shall not refrain from selling property not on the essential property list in order to prevent its development;. because the sale of such property will benefit the town by the removal of the property from its non~tax status. Bequests, Gifts, and Donations (Na change, ~~ i ?i ! :~ ;~ Charter, 1912 ,s necessary to harry out the purchase of such gifts, bequests, and donations with power to manage, se11,'lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust. ?i ,,~ 3 5 '~ enc Fowe s Section 1 Cmerg y r In case af1~iat, insurrection; ar extraordinary emergency, the town manager shall assume t'he authority to execute any action necessary far the proection of life and prdperty. Such authority may include but,nat be limited to estab- lishing regulations governing conduct and activities relating to the cause of . the emergency, ;.and if the emergency situation continues, the town manager shall convene tie council who may take such action as 'it deems necessary. Tn the event it becomes necessary, the line of succession p~;ovided in Section 13.6 sha11 be fall owed. Section 13.6 Continuity of Government I' ; The council ~sha17 have the power to provide far continuity of government of the Town of Vai.7;~;in the event of natural or enemy caused 'disaster. Such power shall be employ~'d in a manner which will preserve representative government in the Town of Vail'and which will provide an orderly line of succession of officers, notwithstanding the provisions of this Charter. Such succession shall commence with the town manager, the mayor, and the mayor era tem and shall then revert to the councilmen by order of seniority, then through an orderly line of succession of the administrative department heads 59 Tentative (Delete both Sections 13.5 and 13.6 because the provisions appear elsewhere.} i ~II S' ! 3 ~ ~~ jCharter, 1972 Section 13.7,Severability of Charter Provisions If any provision, section, article or clause of this Charter or the appli~ cation thereof~;to any person or circum- stances sha11 b' found to be invalid by a court, such invalidity shall not affect any remaining portTOn or application of the Charter wFtch can be giving effect without the inu~alid portion or applica- tion provided ~uch remaining portions or applications are not determined by the court inoperable, and to this end this Charter is decliared to be severable. 1 Section 13.8 Charter Amendments 4.'.. This Charteri~~may be amended at any time in the manner provided by the Canstitutian. ~lothing herein contained shall be construed as preventing the submission to tf~'e people of more than one Charter amendment at any one election, If provisions of two or more Charter amendments adopted or approved at the same election conflict, the amendment receiving the hi.,ghest affirmative votes shall become effective. „~, ~, .t~~ ~ b0 Tent~ati ve {Delete, A well written Charter need not have this crutch to be valid.) Amendment by Referendum To amend the Charter by Council act, the Council shall by ordinance call for an election on proposed amendments, Within thirty {30) days of the date of adoption of the ordinance, the Council shall publish notice of an election con- taining the full text of the amendment {or amendments}, The election shall 6e held not less than thirty {30} days nor more than one hundred twenty {l 20} days after publication of such notice, Amendment by Initiative Ta amend the Charter by Initiative of the Peopl e To amend the Charter by initiative of the peoplea at least five {,} qualified electors shall constitute themselves a petitioners committee and file with the Municipal Glerk an intent to circulate a petition. The petition shal7.be circulated a period not to exceed ninety X90} days and shall'~e filed with the Clerk befor the close of business on the ninetieth day or on the next business day when the ninetieth day is a Saturday, Sunday, or legal holiday, If the amendment{s) is sought to be submitted at a special election, the petition shall be signed by qualified 61 Charter, 1972 Tentative equal to .at least ten (1OI) percent of the registered electors an the date of filing the statement of intent, the peti- tion sha71 be filed at least sixty {60) days prior to the approximate date of the special election, and in any event it shall be held within the period not less than thirty X30) days nor more than one hundred twenty (120} days after publication of the notice of election. If the amendments) is sought to be submitted at a regular election, the petition shall be signed by qualified e~ectars equal to at least five ~5~} percent of the registered electors on the date of filing the statement of intent, and the petition shall be filed at least sixty X60) days before the date of the election. General ftevi Sion of the Charter ~a} If the Council deems that the Charter should be replaced,~reviewed in ~wha7e with the purpose of changing the form of the Town Government,'the Council may call a referendum election to establish a Charter Commission of twenty-one t21) members ,cif ]fail has a population over 2:,:00.0} or of nine ~9) members cif the ~papulation is Z,-000 or less} to review the Charter as proposed 'by the Council . .fib} In lieu of this Council act, the Charter Commission may be established by initiative of i;he people as provided by a petition which is signed by at least fifteen (75~) percent of the registered electors; which requests a special ar . regular election for the formation of the Commission; and which is filed with the • ~ Clerk at least ninety .(90} days prior to the date of the regular election or the approximate date stated in the petition for the special eaection~ 62 Charter, 1972 Section 13,9 Interpretations except as otherwise specifically provided or indicated by the contents hereof, all words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and include the time of the happening of any event or requirement for ~rhich pro vision is made herein. The singular number shall i ncl ode the p1 oral , the plural shall include the singular and the masculine gender shall extend to and include the feminine gender and neuter, and the word "person" may extend and be applied to bodies politic and corporate and to partner- ships as well as to individuals. Tentative Delete these two Sections as obviated by the text of the Charter.) ~y . + t r ~1 ~ ±I ~~ :;Charter, 1972 F Section 13,10 T~efinitions {a) Appropriation, The authorized amount of monies'~set aside for expendi-~ tares during a s~ecified time far a specific purpose{{, If {b) Town. T wn of Vail, Colorado, a municipal corp~raton, {c} Council: The Town Council of . the Town of Vai1~, including the Mayor, unless provided otherwise. {d) Manager~,~ The Town Manager of . the Town of Vail appointed pursuant to Section 6 ,1 . {e) Employee; A person employed by the Town of Vail , ~_.. {f} Regular Municipal Election. A municipal election held every two {2} years at which candidates far elective offices of the town are voted upon in accordance with his Charter, {g) Public Utility. Any person, firm, or corporation operating heat, power ar light systems,"communications systems, water, sewer or scheduled transportation systems; and ser.ri~ng or supplying the public under a franchise granted by the town, ~ ~~~ ?'; ~ {h) 4ff.icer..~ Any person elected to office or appointed by council., including appointees to boards and commissions,, {i) Constitution.. The Constitution of the State of Colorado. { j ) Statutes, The applicable laws of the State of Colorado as they now exist or as they may be amended, changed, repealed, -' ~r otherwise modified by legislative proce- dure, {k} Elector. A person otherwise qualified to vote in the municipal elections, under applicable law whether registered or not, Tentative 63 {1) Registered Elector. A person who is ~ , 64 ~ ~ ~ . y? ~ -;~~` Charter, ]972 Tentative r qualified to yyote under applicable law - and who is al.$o registered to so vote in municipal elections, gym) permanent Soard of Commission,, A board or commis~ian intended by council to be a part of the permanent governmental structure of 'the lawn of Vail as established by ordinance, °~ .;,.~ C MINUTES VAIL TOWN C0~lNCIL SPECIAL MEETING TUESDAY, NOVEMBER 6, 1984 2:00 p.m. A special meeting of the Vail Town Council was held on Tuesday, November 6, 1984, at 2:00 p.m. in the Community Room of the Vail Public Library. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul. Johnston, Mayor Pro-Tem Kent Rose Colleen Kline Hermann Staufer MEMBERS ASSENT: OTHERS PRESENT: Chuck Anderson Gail Wahrlich Lowenthal Ron Phillips, Town Manager Larry Eskwith, Town Attorney The meeting convened at 2:10 p.m. as a Special Meeting. The first item on the agenda was a presentation by Jahn Horan-Kates on the 1989 FIS World Championship.. Mr. Horan-Kates handed out a schedule showing the break- down of fund requests from the governmental entities. A questions was asked whether the $25,000 for brochures was included in the fatal amount requested, and Mr. Horan-Kates answered that it was not. The next item on the agenda was the Kittay Design Review Board Appeal. A presentation was made by Tam Braun, indicating the staff recommendation opposing the installation of the satellite antenna dish, and the DRB decision which denied the installation on the basis of two provisions of the zoning ordinance: 18.54.050 C.7 Roaf top heating and air conditioning equipment, large large vent stacks, elevator penthouses and similar features should be avoided, however, if necessary, shall be designted to be compatible with the overall design of the structure or screened from view. Roof top antennea shall not be permitted unless as allowed under a conditional use review as specified within the zoning code. 18.54.050 F.3 Satellite dish antennas and similar structures shall not be permitted unless substantially screened from view by fences, berms or landscaping. A presentation was then made by Terry Quinn, representing the appellants. There were also same comments from the audience. A motion was made by Colleen Kline and seconded by Hermann Staufer to table the matter until November 13 at the regular public meeting in order to give the members of the Council a chance to view the site. A vote was taken and the motion passed 4-i, with Rodney Slifer opposed. The next items on the agenda were the Police Department, Fire Department and Personnel Department budget presentations. Two items on the agenda, the Capital Improvements Program and the Frontage Road Signing review, were postponed until the Work Session on November 13. At this point in the meeting, Paul Johnston left. The next item was Resolution No. 21, a Resolution Confirming the Date and Ratifying Notice of a Public Hearing to be Held December 4, 1984, Concerning the Levying of Special Assessments Against Properties Within the Town of Vail, Colorado, Lionshead Improvement District. A motion was made by Hermann Staufer to approve the Resolution, which was seconded_by Kent Rose. A vote was then taken the the motion passed unanimously. There being no further business, the meeting adjourned at 5:30 p.m. Respectfully submitted, Rodn y E. Sll fifer, Mayor ' Vail Town Council Meeting Tuesday, November 6, 1984 page 2 • ATTEST; ~l1`~G~iV,~• ~~~,u,~c~c., _ .Par~ela A..Brandmeyer, Tod Clerk • ,. ~, Uail Valley Foundation ~, LJ z3oard of Directors President Gerald R. Ford Robert E. Barrett Jack Crosby H. Benjamin Duke, Jr. Harry H. Frampton Il[ ]ohn Horan-ICatcs William J. Hybl Charles D. Lewis Robert W. Parker Jay Fritzker James D. Robinson III Fitzhugh Scott Thomas J. Watson ]r. WORLD CHAMPxONSHIi~S SUGGESTED PUBLIC FUNDING SPLIT I. Goal 15~ of $8,081,000 = $1,212,000 AI1Tlua1 = ~ $ 303 , 000 ~xx. split A. Town of Vail 40~ B. Eagle County 100 • C. Town of Avnn 10~ D. Beaver Creek Resort Company 20~ E. State of Colorado 20~ 3.00 ~ s Annual $121,200 30,300 30,300 60,600 60,600 Total $4s4,aao 121,200 121,200 242,400 242,400 $303,000 1,212,000 A Colorado Non-Profit Corporation Organizing athletic, educational and cultural programs in the Vail Valley. Post Office Box 309 • Vail, Colorado 8I658 . (303) 9491I922 MINUTES VATL TOWN COUNCIL MEETING NOVEMBER 20, 1984 7:30 p.m. r~ L A regular meeting of the Vail Town Council was held on Tuesday, November 20, 1954, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Kent Rose Chuck Anderson Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal OTHERS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the selection of a member of the Planning and Environmental Commission. A vote was taken and Gordon Pierce was elected to a 4-year term. • The next item on the agenda was a discussion of the proposed Forest Service land exchange. The Council received the Environmental Assessment study last week. Ron Phillips said that the Town is under somewhat of a short time schedule in that the Environmental Assessment has to be reviewed over a period of about one month and the comments and recommendations from the Forest Supervisor will be sent to the Regional Forester on or about December 12, 1984. If the Town wishes to comment, it should do so prior to December 12. Ron Phillips said that he and the Community Development Department had reviewed the Assessment and have a number of comments and recommendations pertaining to it. Ron Phillips then read the Review of the Forest Service Environmental Assessment for the Proposed Land Exchange memorandum dated November 19, 1984 (copy attached). Mr. Phillips also said that the particular interest of the Forest Service is not the same as the public nterest. Dave Stark, District Ranger, was also present, but did not have any comments. Bill Wilto wanted to voice his opinion to the proposal. The Town Council has always opposed Forest Service land exchanges and to allow it now would be a precedent setting move. He requested that the Council do everything within its power to see that this transfer does not take place. The next person to give his comments was Eric Affeldt. He complimented the Manager and the staff far the questions and issues raised. He wanted to know if the Town Manager has had any response from the Forest Service regarding assumptions on develoment of the land. Ron Phillips said that the Forest Service has not had a chance to respond to our comments. He also wanted to know how the zoning question had been addressed by Council and the Forest Service. Ron Phillips said that the question had not been addressed. Peter Patten said that there was a draft agreement presented to Council regarding densities on the Spraddle Creek and Lodge parcels earlier this summer. Mr. Affeldt wanted to know whether the parking issue at the Lodge had been addressed. Peter Patten said according to current zoning, parking is not allowed but that a variance could be requested. He then questioned whether or not the Town had received any documentation relating to comparable value of the parcels involved. Ron Phillips said that the Town had not. Roger Tilkemeier, representing Spraddle Creek Ranch, Inc., said that according to the Environmental Assessment, the Spraddle Greek Ranch is not even there. The Ranch people have also never been consulted in respect to the impact it would have on the operation. The ranch serves approximately 5,000 people in the summer. Mr. Tilkemeier does not think additional residential sites are needed in the Valley. He feels very strongly that something needs to be done with the expansion of the Lodge. The Lodge is the only property that can effectively compete with the planned hazel at Beaver Creek. Rodney Slifer said what we need to do this evening is take a position so that there can be dialogue between now and the December date. He said that about one month ago, he and Rori Phillips met with the Regional Forester at an CAST meeting and expressed their concerns about the land exchange process: (1) lack of sensitivity to local governments; (2) there is no public process for involvement in making decision; and (3) the method of arriving at appraised values. They also make presumptions in regard to zoning. For these reasons, Rodney Slifer opposes the exchange. He is personally in favor of the Lodge expansion. He also endorses all the comments of the Town Manager and Staff. Paul Johnston said that if additional units were created in the area of the Lodge, it would greatly increase the traffic problems. Gail Wahrlich- Vail Town Council Meeting Tuesday, November 20, 19$4 Page 2 Lowenthal thinks we should respect reality in that the Eagle's Nest land is very important to the Forest Service. She does not agree with the staff recommendation that we support Alternative B. She cannot support any Spraddle Creek decisions until a joint plan for both parcels is made. Chuck Anderson cannot endorse Alternative B. He thinks we should hold off taking a position until December 4.meeting. Hermann Staufer would support Alternative B as it is in the public interest. He recommends that council go ahead and endorse the Staff proposal. He also encourages the Lodge to go ahead and develop. Kent Rose said he supports pursuing Alternative B. He also wanted to know if this land is on the disposal list. Dave Stark said it is in the interest of the people of the United States to get the most benefit out of this land. Mr. Stark said that if the Town asked that the parcel be removed from the list, it would take a master plan on land proposals. Ran Phillips said that the need for such a policy has been discussed. In the budget for Community Development, there is an item for a Land Use Master Plan, which includes s study of all adjacent land and the Town's policy regarding those. John Donovan wanted to know how many pieces of private property are in the Eagle's Nest Wilderness Area. Dave Stark said there are a number of them. Rodney Slifer said that he would support Alternative B. He believes the appraisal should evaluate the current zoning. • A response needs to'be at the Forest Service by December 12, 1984. Ron Phillips wanted to know if the appraised value of the parcels is ever made public. Dave Stark said that the complete appraisal package had not yet been received. Rodney Slifer said, after some discussion, that it seems the consensus is that taking a formal stand will be done at the December 4 meeting. The next item on the agenda was the Hazard Ordinance. Ron Phillips said that the Planning Commission and Council reviewed the Hazard Ordinance last spring. It was then tabled to allow time for the mapping project to be finished. We now anticipate that the maps will be available by the end of November and recommend that the original Hazard Ordinance be removed from the table and be sent back to the Planning Commission for reconsideration. When that is done, the PEC will be able to review those maps and the Ordinance on December 1D; and if they recommend adoption, the Council can then consider for first reading on December 18. A motion was made by Paul Johnston to untable the tabling, which was seconded by Chuck Anderson. A vote was taken and the motion passed unanimously. The next item on the agenda was the first reading of Ordinance No. 33, Series of 1984, an Ordinance Accepting Certain rmprovements_Constructed and Installed in and for Lionshead Improvement District, Determining the Total Cost thereof, Receiving and Accepting the Assessment Roll Apportioning the Cost thereof to be Paid by Special Assessments as among Affected Properties within the District, Assessing said Cost as Apportioned therein against each Assessable Lot or Tract of Land within the District Specially Benefited by Said Improvements, Prescribing the Method of Paying and Collecting said Assessments, Describing the Lien Securing Payment Thereof, Making Necessary Findings with Respect to the Satisfaction of all Conditions and requirements relating to the Foregoing, and Limited Actions Challenging the Proceedings. Bill Pyka explained this Ordinance is the final step in establishing assessments for the Lionshead Mall. $955,000 of bonds were issued. The Ordinance is set for public hearing on December 4, We want to establish the assessment date as close as possible to the beginning of 1985. Coil Wahrlich-Lowenthal wanted to know if we know how much we are coming in under budget. Bi11 Pyka said he did not know exactly. We will first need to know the timing on the ordinance in order to calculate interest. He thinks we are currently $50,000-$100,000 under budget. We can add to the project with those funds or we can pay down the debt. Ron Phillips said we are again looking at the situation at the West end of the Mall and there could be an expenditure of funds on that. Chuck Anderson wanted to know if we could put the money into an escrow contingency account. Bi11 Pyka said the money has to be spent within 3 years. A motion was made by Chuck Anderson to approve Ordinance No. 33 on first reading, which was seconded by Paul Johnston. A vote was taken and the motion passed unanimously. • In Citizen Participation, John Donovan wanted to thank the Tawn for cleaning the Interstate Highway rights-of-way. In his Town Manager Report, Ron Phillips said that the Town has had their seasonal employee orientations, which have gone very well; the mountain is opening tomorrow; and there have been meetings with all departments on the proposed compensation Vail Town Goncil Meeting Tuesday, November 20, 19$4 Page 3 plan. These meetings have gone very well. There being no further business, the meeting adjourned at 9:05 p.m. Respectfully submitted, Rodney E. Slifer, May r ATTPST: J`I a /~~J ~~ _ ~d. ~~r~~~1,-. - Pa~ela A. Brandmeyer, Td4an Clerk • ~_. U T0: Town Council FROM: Ron Phillips DATE: November 19, 1984 SUBJECT: Review of the Forest Service Environmental Assessment for the proposed land exchange The Town of Vail staff has reviewed the Environmental Assessment received last week for the land exchange proposal. The Environmental Assessment addressed three alternatives for action regarding the proposal. Alternative A is proceeding with the trade as proposed. As you know, the proposal is to trade the 40 acre -Spraddle Creek parcel along with only 2.5 acres of the 16 acre bodge parcel for two parcels surrounded by Eagle's Nest Wilderness area totalling 385 acres. The Forest Service puts a high priority on obtaining these wilderness inholdings for their management purposes. Alternative B represents the Town of Vail proposal to obtain the Spraddle Creek parcel, a portion of the Golf .Course maintenance parcel, and the 40 acre Parcel H {Bighorn). The Town of Vail has, of course, applied for acquisition of these parcels under the Federal Government Town Site Act and we have proposed open space and passive recreation .uses for these parcels. Alternative C represents the no~action alternative which .is required to be evaluated as part of the environmental assessment process. It is impor- tant to note that the Environmental Assessment .is not a decision document. The Assessment sets forth that it is a document disclosing the environmental consequences of implementing the proposed action and alternatives to that action. The eventual decision will come in the form of a decision notice signed by the responsible official (in this case probably the Secretary of the Interior}. Somewhat frustrating to the staff is the fact that the appraisal values on the basis for the appraisals on the involved parcels are not addressed in any form within the Environmental Assessment. We object to the assumptions upon which these appraisals have been made and find it disconcerting that it seems these objections cannot be raised within the comment process on the Environmental Assessment. The staff feels strongly that Iand appraisals should respect the existing zoning on that land unless there has clearly been alternative agreements reached with the Iocal municipality. . Our comments on the Environmental Assessment itself are as follows: 1. The EA, on page 2 and in other sections, refers to promotion of the public interest as it pertains to land exchanges. Furthermore, in a number of places the word "clearly" is used in relationship to the public interest. We feel that the Environmental Assessment slants itself toward a very broad interpretation of the public Forest Service EA -2- 11/19/84 interest and ignores the public interest of retaining the Federal lands as open space as a valuable community asset. 2. The EA states in a number of instances that one of the reasons for granting land exchanges would be to permit "needed" urban expansion. The document, however, fal]s short of addressing the community need for the proposed developments an the two Federal lands involved. 3. The first parag that the Forest nor encouraging that are within Vail." We feel have been using Inc. raph addressing the three alternative scenarios claims Service "is neither endorsing any development plan any particular application of 7and.use controls the jurisdiction of Eagle County or the Town of this is untrue in that appraisals for the properties development scenarios proposed by the Lodge Properties, q~. Although municipalities do not receive any preference position in Forest Service land exchanges/disposals as the document states, we strongly disagree with this Forest Service position. The staff believes that municipalities requesting acquisition of Forest Service properties through the Town Site Act should receive an intergovernmental cooperative priority when proposals of this magnitude are considered. indeed, we feel that this would be "clearly in the public interest," 5. We find the document's continuous reference to environmental, social and economic impact and consequences from the proposed developments to be "controlled by local ordinances" disturbing. In continually making this statement, the EA dismisses specific documentation of what the proponent has proposed in the way of development on the parcels involved. 6. Although the document does evaluate some of the impact from the Lodge at Vail expansion proposal, it addresses the Spraddle Creek development proposal as "undetermined at this time, but could range from open space to high density residential and is subject to control by local ordinances." The land exchange proponent is proposing low density duplex or single family residential development on the Spraddle Creek parcel and the EA totally ignores this fact in the evaluation of the environmental, social and economic impacts on the community with this statement. Moreover, reviewing the EA's description of the natural environment and the constraints contained on the site, it is not valid to assume a high density residential scenario on this parcel. Furthermore, the EA should evaluate the impact of all development possibilities. ~. In describing the Spraddle Creek parcel on page 5, the EA makes two inaccurate and misleading statements. It states that the Spraddle Creek parcel is bounded on the south by commercially developed private land and in fact, for all intents and purposes the parcel is bordered on the south by Interstate 70 and the frontage roads. Rio commercially developed land is present. It also states in the same paragraph that Vail Associates is presently processing development plans with the Town of Vail on the adjacent parcel to the east. This is misleading in that the property is not even annexed to the Town of Uail and the subdivision proposal is still in the discussion stages. Forest Service FA -3- 11/19/84 8. On page 6 the document should more clearly point out that the only reason the Lvdge parcel was identified for disposa] by the District Ranger was because the Evdge Pro ern es, Inc. approached the Forest Service with this propasa~ and also that disposal of this property as proposed is clearly in conflict with the proposed White River National Forest E.and and Resource Management Plan. 9., The EA declined the evaluation of specific environmental consequences of development for the Spraddle Creek site because no agreement has been reached at this time with the Town on the zoning densities. an page 8. Must an agreement be reached with the Tawn of Uail regarding densities proposed for these two parcels before the EA committs itself to evaluate the impact of the development scenarios that have been openly disclosed. to the public? We feel that this is the purpose of the EA and that the document approached the evaluation of the impacts from proposed development on the k~vdge parcel,, while totally ignoring the Spraddle Creek parcel.- ~ ,;; ~'.~ 10• In Too king at the benefits of acquiring the Piney River and Meadow Creek parcels, the EA is quick to point out that this-would eliminate potential of "damaging adverse use of or access to the property" and that it would "eliminate the possibility that roads might be built through this portion of Eagles Nest Wilderness." The questions of whether or not these roads have been proposed and if there are other ways to acheive these ends besides outright acquisition are not addressed. The EA assumes the only solution to these potential negative impacts upon the wilderness is to acquire these parcels and ignores solutions such as agreements with existing property owners to accomplish Forest Service objectives, Another reason stated in the EA for acquisition of the parcels in the Eagles Nest Wilderness is to protect the habitat of the Colorado River cutthrout trout (a State listed endangered species}. Is there a problem existing with protection of this fish, and how will it be protected under public ownership? ll. We find the EA seriously sidestepping its intended value in this land exchange process with the following statement regarding potential environmental impacts from development on the Spraddle Creek parcel: "Impacts on air quality, water quality and availability, traffic congestion and parking may or may not be signficant, depending on the degree and type of development and would be further addressed by the Town if development approval is requested." 12. The EA refers to the Spraddle Creek ranch/livery stables permit as "terminable" with a termination date of December 31, 1991. Does this mean that the permittee is guaranteed the right to continue the permit until that date, or what? The EA also does not state that the current permittee wishes to continue that permit in its present location until that date, if not longer.. Forest Service EA -~- T1/T9/84 13. Again, in assessing the inpact of development on the Lodge parcel, the EA basically puts the burden of mitigating the negative an the existing Town ordinances. The EA is ignoring the question of what will be the economic, social and environmental impacts of the proposal by continually referring to the Town ordinances having the ability to mitigate aTl of the negative impacts. After stating that development on the Lodge parcel would have impact upon traffic congestion, air quality, water quality, water availability and parking, the EA concludes that: "A review of the issues indicates that development of the parcel would not create significant environmental ar other problems that existing Town ordinances are not capable of mitigating." 14. The last paragraph on Aage 9 states that: "The Lodge reports a trend of guests arriving in public transportation and away from individual vehicles." A summer guest survey conducted in the Town of Vail in 1984 reveals that aver 90% of our summer guests and over 75% of winter guests arrive in private vehicles. 15. In evaluating water quality and availability for development on the Lodge parcel the EA states that the Upper Eagle Valley Sanitation District has thetreatment capacity and that the Vail Valley Consolidated Water District has the water right and treatment capacity to support demand in excess of ail potential building in Vail including the proposed Lodge expansion. We have received conflicting reports from the Vail Fire Department regarding water pressure availability for fire fighting and we have recently learned of Upper Eagle Valley Sanitation pistrict's interest in increasing water availability in the Vail Village area. 16. The EA avoids assessing the impacts of development on the Lodge parcel on the ski area operations by referring to a Sno Engineering report done early in 1984 and saying that it is on file at the Forest Service offices in Minturn and Glenwood Springs. We were under the impression that it was the responsibility of this environmental assessment to do such evaluations and not simply refer to other argan~zatians' efforts. 17. The EA states that the height of structures proposed for the Ledge parce] would be limited due to Town ordinances which address views from public locations. This area is not in a designated view corridor as per our ordinance, and this does not apply in this location. 18. On page 10, the EA makes a paint of stating that the most significant positive benefit of exchanging the Lodge parcel is the economic impact on the Town of Vaii. It then follows with a number of very general statements which taken by themselves are true, but does net in any way relate this to the specific proposal it is to be evaluating. The EA continues in addressing the Lodge parcel by stating that it is contiguous to the Town of Vail. It is the Town's L~ Forest Service EA -5- 11/79/84 well-documented position (via a January l2, 1984 letter from Mayor Rodney Slifer to Richard E. Woodrow, Forest Service Supervisor) that this parcel is in the Town of Vail currently and our official zoning maps also indicate the same thing. 19. On page ll the EA assumes the proponent developing both the Spraddle Greek and Lodge parcels and points to the stimulation of the focal economy through employment of construction workers for those develop- ment projects. This contradicts with other areas of the EA which refer to only the possibilities of these parcels being developed and the local control over these decisions. It is from these types of statements that the EA seems to be particularly pointed toward the endorsement of the land exchange proposal. 20.. In describing Alternative B on page 71, the EA is quick to point out that Town of Vail ownership of these parcels would compromise Forest Service management benefits and that money from the sale of the property would go to the Federal Treasury and not benefit the local economy or the White River ~ationai Forest. The assessment, by making these statements, again is ignoring the possible benefit to the community of keeping these lands as open space as it relates to a number of various community objectives as outlined in our application • for acquisition of these sites. Furthermore, bath our winter and summer guest surveys over the past several years have very specifically painted to the guest perception of Vail as currently being over- built and on the brink of destroying the beautiful character of the Vail environment in r~iationship to the natural environment. 21.. The EA makes a particularly disturbing accusation on page 12 when it refers to the possibility that the Town could sell or develop a portion of the Spraddle Creek parcel for residential development. Our letter of application under the Town Site Rct to the Forest Service specifically states our intentions of keeping the parcel .as open space with the possibility of some minor passive recreational facilites as a possibility. 22. On page 12 the EA states that a potential special guest housing development by the Town on the Bighorn parcel (parcel B} would disturb adjacent land owners and compromise access to nearby trail heads and conflict with the use of the adjacent Core Creek Campground. There is no back-up for these statements and we would assure that any development an the parcel would respect those existing uses. 23. Appendix E attempts to answer some of the pertinent questions being asked by people interested in the land exchange proposal. We offer ' the following comments regarding these answers pertaining to some of those questions: Forest Service ~A -6- ll/19/84 a. In answering question 1b, the EA states that "land under a term special ,use permit cannot~be eschar:hed or otherwise ~e deleted from the permit without the prior consent of the permittee unless the government is prepared to compensate the permittee for the loss suffered." This should be more specifically answered with relationship to the existing livery stable. b. In answering question lc, the EA ignores that selling the parcels we have requested under the Town Site Act to the Town of Vail is disposal ~ and thus meeting the Forest Service Management objectives for these parcels. c. In answering question 2a, the EA indicates that the existing special use permits on these lands do not qualify the properties as open space any longer, We seriously disagree with this statement and feel that the uses on these properties are indeed consistent with our Agricultura] and Open Space zoning for the Spraddle Creek parcel and the Green Belt and Natural Open Space zoning on the Eodge parcel for the uses existing on the properties which fall under the jurisdiction of the Town of Vail. d. Also, in answering question 2a, the EA refers to past decisions to increase density when Tawn objectives were being met by such a decision. It should be clearly stated that this increased • density was for parcels that were currently zoned for development and not for land zoned Open Space to be brought in for development. Staff Recommendation and Final Comment Overall, the staff feels the EA is quite inadequate in reviewing the specific environmental impact of the development scenarios proposed by the proponent of the land exchange. Furthermore, the placement of the burden of mitigation of any negative impacts upon existing Town ordinances is negating the entire purpose behind an environmental assessment for the land exchange proposal. We also find the EA slanted toward the Forest Service position in attempting to evaluate the various alternatives and disregarding the past requests and correspondence by the Town of Vail regarding this land exchange proposal. Furthermore, the EA should assess how to accomplish some of its "problems" with the private land in-holdings in the Eagles Nest Wilderness area other than going through with the land exchange and placing large development pressures on the lawn of Vail which are_not in the public interest, in our opinion. Also, the EA falls short of explaining how the exchange proposal meets the criteria of needed urban expansion for development on the parcels as well as any indication of why the land exchange would clearly be in the public interest. In conclusion, the staff recommends that Alternative B be chosen in that this would represent the community's interest in the most positive manner for the long term growth and management of that growth for Forest Service FA -7- 11/19/84 the community. We find that Alternative C at this time would also be an acceptable choice, but not be most preferred. We appreciate the opportunity to review the EA and hope that further work can be done maEcing it a more acceptable document to the Town of Vail. r1 U MINUTES VAIL TOWN COUNCIL SAECIAL MEETING NOV£MB£R 13, 1984 ,~ 7:30 p. m. A special meeting of the Vail Town Council was held on Tuesday, November 13, 19$4, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Kent Rase Colleen Kline Hermann Staufer Gail Wahrlic}i-Lowenthal ABSENT: Chuck Anderson OTHERS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the approval of the Minutes of the meetings of October 16 and November 6, 1984. There were several corrections on the h9inutes of the October 16 meeting: (.1) On page 2, paragraph 3, line 2, the word funds • was misspelled; (2} The first item on the agenda, the A&D Building, a motion was made by Colleen Kline and seconded by Paul Johnston. A motion was made by Hermann Staufer to accept the Minutes of October 16 and November 6 as corrected, which was seconded by Paul Johnston. Upon a vote, the motion passed unanimously The next item on the agenda was the budget presen.tati:on by Bi17 Pyka. He said that the Council has met four times in the. past few weeks to review the 1985 budget. The 1985 budget has service levels similar to those provided in 1984. The increase over 1984 is 3%. The. funds come. primarily from sales tax (_45%). The construction revenue is b.udgete.d up because of some large anticipated projects. Bill went on to explain some of the specific points of the budget. Debt service will be 28% of the budget. Chuck Anderson arrived at 7:50 p.m, Bi17 Pyka went on to say that the Town i.s i.n a very healthy financial position. Rod Slifer said that the Council has had hearings with each individual department head and has reviewed the budget in great detail. Hermann Staufer wanted to know whether the mill levy would be. set tonight. He had an objection to raising the mill levy. Bi17 said that the levy would be set at this meeting. Pa u1 Johnston made a motion to approve Ordinance No. 32, Series of 1984, Annual ;~.,. Appropriation Ordinance; Adopting a Budget and Financial Plan and Making Appro- priations to Pay the Costs, Expenses, and i.iabi7i.ties of the Town of Vail, Colorado, for its Fiscal Year January 1, 1985, through December 31, 1985, and Providing for the Levy, Assessment, and Collection of Town Ad Valorem Property Taxes Due for the 1984 Tax Year and Payable in the 1985 Fiscal Year; and Federal Revenue Sharing Programs, on first reading. Th.e motion was seconded by Colleen Kline. A vote was taken and the motion passed 5 to 1, with. Hermann Staufer opposed. Rod Slifer congratulated staff for presenting a better budget this year than in the past. Second reading will be December 4, 1984. The next item on the agenda was the first reading of Ordinance No. 29, Series of 1984, an Ordinance Amending the Town's Police and Fire Pension Plan Document Subject to Approval by Sixty~Five Percent (.65%) of the Town's Police and Firemen and Setting forth Details in Relation Thereto and Ordinance No. 30, Series of 1984, an Ordinance Amending the Plan Document of the Town. of Vail Employee Pension Plan and Setting Forth Details in Relation Thereto. Charlie Wick made a presentation regarding the amendments to the plans and explained the hi.starY of the plans. These two amendments are on the recommendation of the IRS. Gail Wahr7ich-Lowenthal made a motion to approve Ordinance 29 on first reading, which was seconded by Paul Johnston and unanimously approved. Hermann Staufer made a motion to approve Ordinance No. 30 on first reading, which was seconded by Paul Johnston and unimously approved. Second reading will be December 4. The next item on the agenda was the first reading of Ordinance No. 31, Series of 1984, an Ordinance Rezoning a Parcel of Property described As Tracts E and F, Vail Village Second Filing, from Medium Density Multi-Family (MDMF} to Public Use (PUD) District (The Hospital Property). Tom Braun made the presentation on behalf of the Staff. He said that there f~as been an inconsistency with respect Vail Town Council Meeting Tuesday, November 13, 1984 Page 2 to the zoning and the uses on the site. The site is presently zoned MDMF. Staff feels that the rezoning would provide amore workable process for the review of any future expansion of the Medical Center. A motion was made by Kent Rose to approve Ordinance No, 31, Series of 1984, on first reading, which was seconded by Colleen Kline. A vote was taken and the motion passed unanimously. Second reading will be December 4, 1984. The next item on the agenda was Resolution No. 23, a supplemental resolution regarding the issuance of the Town'•s Sports Faci:liti.es Revenue Bonds (Vail Associates Project). Ron Phillips explained that this Resolution determines the principal amount, bond numbers, provisions for redemption and maturities of and rates of interests on the $17,000,000 Sports Facilities Revenue Bonds. Chuck Madison of Vail Associates said that the issue amount ~s $17,000,000, to be used to finance Vail Mountain improvements. The bonds will be marketed by Continental Illinois and the trustee wi:17 be Colorado National Bank. They will be floating rate bonds, with only one purchaser, Nuveen Tax Exempt Money Market, inc. Jack Gardner said that there is one open item on page 6, which is the initial Interest Rate Multiple.. This figure should be 53%, Colleen K1i.ne wanted • to know whether the Town Council would 6e receiving regular updates of expenditures. This was confirmed by Jack Gardner. Th.e money must be spent within three years. Paul Johnston wanted to know if Vai:1 Associates had ever considered moving the shop yards along the Frontage Road. LarryLichliter said that they would be happy to move, but they had no place to go. The Town Council members had been given a list of items on which the $17,000,000 would 6e spend, Hermann Staufer wanted to know whether the snow cats and heavy equipment could be paid out of the $17,000,000. Jack Gardner answered that anything on the list could 6e financed from the bonds issue. Paul Johnston wanted to know i.f the Town could protest any of the expenditures, and the answer was no. Kent Rase wanted to know if there is a list with priorities of projects. Larry Lichliter said they are currently in their master planning phase, which includes setting priorities. Rod Slifer wanted to know if there would be a problem removing the snow cats from the list, Harry Frampton answered by saying that he could not change that unless the issue size was changed. Larry Eskwith said that something could 6e substi.tuted for the snow cats. Kent Rose questioned whether the Town could have any input on the priority list. Harry Frampton answered that they would welcome any Input, He also said that the $17,000,000 figure was obtained by looking at how much debt Vail Assoc. could handle. A motion was made by Kent Rose to approve Resolution No, 23, Series of 1984, which was seconded by Gail WahrlichTLowenthal. A vote was taken and the motion passed unanimously. The next item on the agenda was Resolution No. 24, Series.oi+ 1984, a Resolution Supporting the Concept of. Hosting the World Championships and Providing Financial Support. Paul Johnston read the Resolution and explained that the Vail Foundation is soliciting about 15% of their funds from public entities. This Resolution will encourage public support. Hermann Staufer made a motion to approve Resolution No. 24, Series of 1984, which- was seconded by Paul Johnston. A vote was then taken and the moti:vn passed. unanimously. The next item on the agenda was•Resoluti.on No, 22, Series of 1984, a Resolution Authorizing the Town Manager to enter into a Contract with the State pepartment of Highways for the construction of Forest Road Bridge, Ron Phillips explained that this project has a total cost of $250,000, of which. 80% would come from Federal aid funds. $50,000 is part of the Capital Improvement Budget which is part of the 1985 budget. There is a possibility that this bridge will be built in 1985. Gail Wahrlich~Lawenthal made a motion to approve Resolution No. 22, which was seconded by Kent Rose. A vote was then taken and the motion passed unanimously. The next item on the agenda was an appeal of a DRB decision denying the Meadow Creek Condominiums lighting plan. Kristan Fritz made the presentation on behalf of Staff. On October 17, the DRB denied the Meadow Creek Condominiums lighting . plan based an the proposal's non-compliance with Section 18.54.050 11C which states: "Exterior lighting shall be designed and located in a manner to minimize impact of lighting upon living areas within a proposed project and upon adjacent structures and properties." This proposal created undue glare on adjacent properties. The proposal is to place 18 lights on the project located on Lupine Street. The light is on a pole about 8' high. Tom Whitehead, representing ~; Vai] Tawn Council Meeting Tuesday, November 13, 1984 Page 3 • Meadow Creek Condominium Association spoke next. He said that the proposed lights are similar to lights at many other projects in the area. They have been trying to upgrade the project for the past 5-6 years. As part of this upgrading they are trying to install the street lights. Last June they had a Board meeting and decided to get a lighting plan for the project. There are no lights anywhere in the area. They feel that the safety and security of the residents would be helped and the driveways also need some lighting. They have spent $18,000 in the last 18 months in upgrading the project. The Town of Vail Public Works Department was consulted when the ownership question of the berm came up. At that time a decision was made that they should go through DRB. During the DRB meeting, comments were made that they had done a great job. A concern was brought. up, however, that there might be a glare to motorists. The original fixture had to be replaced to reduce the glare. The extra cast involved in this made them decide to go with the original proposal. The glare exists less than 2' from the center of the lightbulb. They feel the reason they were denied is not that they do not comply, since there are too .many other projects with the same lights. Tom Whitehead feels that this kind of decision should be made at a much lower level. Kristan. Fritz said that it went to DRB because some of the lights were on Town property-. Chuck Anderson • said that he thought the Condo Association was trying to do a good job and apologized for the problems they had encountered. Gail Wahrlich-Lowenthal made a motion to reverse the DRB decision, allowing the ligY~ti:ng proposal. Kent Rose seconded the motion. A vote was then taken and the motion passed unanimously. The next item on the agenda was an appeal of the DRB deci:si:on to deny an application far a satellite antenna dish at 5089 Gore Circle, Vail. Last Tuesday, at the Town Council meeting, presentations from applicant and staff were heard regarding the project. The matter had been tabled to give Council members the opportunity to visit the site. Tom Braun made the presentation, stating the criteria of the DRB guidelines. Terry Quinn, the attorney representing the applicant, wanted to know if anyone had not visited the site. Chuck Anderson said he had not. Larry Eskwith said that the only thing we are dealing with here is the DR6 guidelines -- is the satellite dish screened from view. f{ermann Staufer wanted to know whether there is the possibility of a smaller dish. Richard Trwin of Universal TVR said that to receive efficiently, the smallest antenna would be an 8' antenna. it has also been said the the owner is willing to color the dish similar to his residence. The dish comes in white, but can be colored. However, this would cause a problem in the winter when the surroundings are white. Mr. Kittay, the applicant, said that he spoke to the neighbors within view of his house. Kent Rose said that. he spoke to one of the neighbors and he said he was not aware that a dish was being installed. Kent Rose wanted to know if Mr. Kittay had contacted the f~endersons or the Husseys.. Mr. Kittay replied that he had not. John Donovan, a member of the audience, said the Council is addressing the wrong problem. They should not be put anywhere in the Town. Larry Eskwith said that we cannot prohibit them in the Town, but they must be substantially screened from view. Whether or not we can prohibit them completely is not the question here. Richard Matthews, a member of the DRB, said that the rules say that it has to be adequately screened, and an 82' dish on a 19' pole cannot be screened. Rod Slifer said there are a lot of trees and it is totally screened from the south. The concern is that you can. see it from certain directions. Kent Rose said that due~to the h.eiaht a-f-the pol_~ and the installation, the rules should apply. He also wanted to know if it could be something other than solid. Mr. Kittay said that a mesh dish holds snow and freezes. The solid aluminum version is maintenance-free. Paul Johnston asked Terry Quinn if he had said at the last meeting that all~the neighbors had been contacted by Mr. Kittay. Mr. Kittay then 1o5t his temper .and said, among other things, that this was really none of anybody's business. Colleen Kline then made a motion to reverse the DRB decision on grounds that on this particular site applicant has substantially screened the dish from general view. Hermann Staufer seconded this motion. Chuck Anderson said that he would abstain because he had not made a site visit. A vote was then taken and the motion passed 4-2, with Rodney Slifer and Paul Johnston opposing and Chuck Anderson abstaining. . The next item on the agenda was Citizen Participation. John Donavan wanted to know what the Tvwn is going to da about satellite dishes. Rodney Slifer said that perhaps we need a new ordinance to be more specific about the kind of screening needed. Larry Eskwith said that Phoenix has an ordinance saying that the dish has to be screened from view, cannot be an a side or front yard. He said he'd dv more research on that. Rodney Slifer said that the ordinance ignores di.shes~ that are built as part of a structure. Diana Donavan said that it was never Vail Town Council Meeting Tuesday, November 13, 1984 Page 4 I, LJ envisioned that a dish would be on a pole. The next item on the agenda was the Town Manager report. -Ron Phillips said that the Ice Arena Roof is now 99% completed. Also, there will be a meeting on Saturday with representatives of the Federal Emergency Management Agency on the second appeal to have eagle County declared a disaster area. We are providing additional information to them this week and hope to have an answer within a 2-week period. The third item was that the Town has hired three additional police officers, bringing us up to full staff on patrol. The last item of the Town Manager's report was that starting today, meetings will be held with all Town of Vail employees explaining the new compensation plan. These meetings will be held during the next 6=8 days. There being no further business,.the meeting adjourned at 9;40 p.m. Respectfully submitted, i .~ / ,° ~4~ney E. ~ fifer, M ors ATTEST: Pamela"~'. 8randmeyer, ~ow~ Clerk ~~ n a ~~ a. ct~ x _.;^ `. i ~' v, u M ~ {r m n O o a o ~ C~ Q Q N 0 3 0 N J Q ~ ~~ ~ { 1t~a I cD Q ~ Q o Q I L, c Q 7 Q 0 I n ~ o ~ ~ O O -~-F' O V~ ~ ~' j ~ c N O {~ O ~ ~ ~ Q~ p ~7 -•n Q'O ~ S c 00~0~=-~ - ~ ~ ~ n ~ m N ~ a c Q ~. O ~ /D ^ ~ ~ ° ~ ~ Q ~~ ~- ~ p ~ ~ room~~o~° ~ ~ ~ Q~~cO ~ ~ ~ o ~ ~ ~ ~ -^ < a Q cQ.~~coa~o 6 a ~ o `` ~J Q m ~ a m ~ ~m~cQm `° ~~~omcc°-~ ~ o. m ~ ~ ~ . n ~ i7 ~- ~- J 3 m ~. o ~ ^~a a ° c ~ fl o~ 3Q~ ~ ~~~z7 omao{~acQ ~ ~ ~ ~ ~ ~ QQ ~ ~ 3N~ Q Q O ~ . 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L~? 3 -r F~ r m~Nb a~~ ~ ~O<Q O D Z O T O n0 ~ O m o ~ O ~ ~ T r D Z e ~i ~~ l MINUTES VAIL TOWN COUNCIL MEETING DECEMBER 4, 1984 7:30 p.m. A regular meeting of the Vail Town Council was held on Tuesday, December 4, 1984, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E. Slifer, Mayor Paul Johnston, Mayor Pro-Tem Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal OTHERS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Rodney Slifer opened the meeting by saying how very sorry we all are about Chuck Anderson`s sudden death, but the best we can do is not dwell on it and to move ahead. He then read a resolution naming the Youth Recognition Awards the Chuck Anderson Youth Recognition Awards. A motion was made by Paul Johnston to accept the Resolution as read, which was seconded by Hermann Staufer. A vote Was then taken and the motion passed unanimously. Rodney Slifer then went on to say that at Executive Session at this afternoon's meeting, a decision was made to fill Chuck Anderson's position immediately. From the five applicants for Rod Slifer's position, Dan Corcoran was selected to replace Chuck. Dan Corcoran then took the oath of office for councilperson given by Pam Brandmeyer. The remaining four applicants will be eligible for the seat being vacated by Rodney Slifer. Rodney Slifer went on to explain that a new type of council agenda is being used for the first time tonight and had Ron Phillips go on to explain further. Ron Phillips said that we are for the first time tonight using a consent agenda. We have taken items which we believe will be non-controversial and not subject to discussion and placed them on the agenda to be acted upon in one motion by the Council. If this is an item which either a member of the Council or audience desires to discuss, it can be requested that that item be removed from the Consent Agenda. The purpose of the Consent Agenda is to allow far expediting the meeting, if possible, and to allow non-controversial things to be acted upon at one time. Rod Slifer said that this was a fairly common practice in other councils and leaves more time for stems needing more discussion. Ron Phillips then read the items in the Consent Agenda, as follows: a. Approval of Minutes of Meetings of November 13 and November 20, 1984; b. Ordinance No. 29, Series of 1984, Second Reading, an ordinance amending the Town's Police and Fire Pension Plan Document subject to approval by sixty-five percent (650) of the Town's Police and Fire- men and setting forth details in relation thereto. c. Ordinance No. 30, Series of 1984, Second Reading, an ordinance amending the plan document of the Town of Vail Employee Pension Plan and setting forth details in relation thereto. d. Ordinance No. 31, Series of 1984, Second Reading, an ordinance rezoning a parcel of property described as tracts E and F, Vail Village Second Filing, from Medium Density Multi-Family (MDMF) to Public Use District {PUD) {the Hospital Property). e. Resolution No. 25, Series of 1984, a Resolution Proclaiming the Week of December 9-15, 1984 as Drunk Driving Awareness Week. Vail Town Council Meeting Tuesday, December 4, 1984 Page 2 Rod Slifer asked if any member of the Council wanted to address any of these items individually. Kent Rose said item a, the minutes Hermann Staufer then made a motion to accept items b, c, d, and e, which was seconded by Kent Rose. A vote was taken and the motion passed unanimously. Kent Rase then made the following comments regarding the November 13 minutes. On page 3, three-quarters down the second paragraph, where it says: "Kent Rase said that it is not a roof installation and therefore these regulations do not apply," it should read: "The applicant said it is not a roof installaf~ion and therefore should rules did not apply. Kent Rose said that due to the height of the pole and the installation, the rules should apply." A motion was made by Kent Rose to approve the minutes with the noted changes, which was seconded by Paul Johnston. A vote was then taken and the motion passed 6-p, with Dan Corcoran abstaining because he was not a member of the Council at the time of the meeting. The next item on the agenda was the first reading of Ordinance No. 34, Series of 1984, an ordinance making supplemental appropriations from the Town of Vail General Fund, Open Space and Capital Improvements Fund, Vail Transportation Center Operating Fund, Dobson Ice Arena Construction Fund, Federal Revenue Sharing Fund, Recreation Amenities Fee Fund, Heavy Equipment Fund, and Debt Service Fund of the 1984 Budget and financial plan far the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Bill Pyka said that at Work Session earlier in the day, he explained to the Council in some detail the supplemental appropriation ordinance and what the amounts were for, During the course of the year, a number of things have arisen, as usually do, that require some additions to be made to the appropriations ordinance. Items included in these additions were additional snow removal cost, mud slides, Ice Arena roof, Snowberry Drive, purchase of Pulis and VA parcels. Since there was no further discussion, a motion was made by Paul Johnston to adopt Ordinance No. 34 on first reading, which was seconded by Gail Wahrlich-Lowenthal. A vote was taken and the motion passed unanimously. Second reading of the ordinance will be on December 18, 1984. The next item on the agenda was the Second Reading of Ordinance No. 32, Series of 1984, Annual Appropriations Ordinance; adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1985 through December 31, 1985 and providing for the levy, assessment, and collection of Town ad valorem property taxes due for the 1984 tax year and payable in the 1985 fiscal year; and federal revenue sharing programs. Bill Pyka said that at the last regular meeting, a presentation was made on the budget and he would be happy to answer any questions at this time. There being no questions from either the Council or the audience, Dan Corcoran made a motion to approve Ordinance No. 32 on second reading, which was seconded by Colleen Kline. Hermann Staufer said he would vote against the ordinance because the mill levy did nat need to be raised. A vote was taken and the motion passed 6 for and 1 against, The one vote against being Hermann Staufer. The next item was Ordinance No. 33, Series of 1984, Second Reading, an ordinance accepting certain improvements constructed and installed in and for Lionshead Improvement District, determining the total cost thereof, receiving and accepting the assessment roll, apportioning the cost thereof to be paid by special assessments as among affected properties within the District, assessing said cost as apportioned therein against each assessable lot or tract of land within the District specially benefited by said improvements, prescribing the method of paying and collecting said assessments, describing the lien securing payment thereof, making necessary findings with respect to the satisfaction of all conditions and requirements relating to the foregoing, and limiting actions challenging the proceedings. Vail Town Council Meeting Tuesday, December 4, 1984 Page 3 i Larry Eskwith said that this is the second reading of the ordinance and also the public hearing. He has several witnesses. Anyone can protest if they have filed the necessary protest in a timely manner. There is one protestor, Mr. Will Miller of Montaneros. A second protest was filed, however, it was filed too late. The first witness called was Steve Patterson, the Town of Vail Building Official. He was sworn in by the Town Clerk. Larry Eskwith questioned Steve Patterson regarding his position with the Town and his involvement in the Lionshead Mall project. Mr. Patterson answered that his role was the owner's representative and the improvements on the mall were general surface improvements. The unique features of the mall are the fountain area and three flagpole display areas. The final cost of the improvements is estimated to be about $2,566,000. The next witness was Bill Pyka, Finance Director of the Town of Vail. He has been employed by the Town for 10 years and 10 months. He was involved in setting the formula of the assessment. The assessment formula was reviewed with various representatives of Larry Smith & Co. This company does have experience in this sort of thing. They also worked on the Boulder Mall. The formula is based on three factors: Square footage, distance from the Mall, and the type of use -- commercial or residential. The assessment ro11 Was prepared by representatives of Larry Smith & Co. by going down to the County Assessment records and obtaining current owners names and square footages. John Schwartz was the next witness. Mr. Schwartz confirmed that he was an MAI appraiser. He does primarily commercial properties. Has done at lest 50 residential and commercial appraisals in the Town of Vail. He is familiar with the Lionshead Improvement District and in his opinion the improvements greatly enhance the property values. The appearance and environment are more uniform and are mare conducive to exposure, which will enhance retail sales on commercial units and have a positive effect on the condominium units. The fair market values will be increased. The one protestor, Will Miller, representing the Board of Directors and individual owners at Montaneras, spoke next. He said that they have no complaint of the quality of the improvements. They have a problem with the assessments as opposed to the surrounding properties. A Montaneros unit of 1,300 sf is being assessed approximately $2,000, while an adjacent building unit which is 27~ smaller is being assessed only $790. This is a difference of 60~. Gail Wahrlich-Lowenthal questioned the nature of the square foot measurements. Bill Pyka said they were taken from the closest point to the Mall to the center of the building. Larry Eskwith asked Bi11 Pyka to make general comments on the difference in assessments. Bill sand that the distance from the Mall was taken into account. More heavily weighted features being those properties right an the Mall. After some more general discussion, a motion was made by Hermann Staufer to approve Ordinance No. 33 on Second Reading, which was seconded by Dan Corcoran. A vote was taken and the motion was approved unanimously. The next item on the agenda was a sign variance request for the Chevron Station at 934 South Frontage Road West. Tom Braun made the presentation on behalf of Staff. The signing has been out of compliance with the Sign Cade for as long as the Town has had a Sign Code. The main sign is oversized and too high. Tn conversations with Chevron, their first question was what was allowable. After discussions, they proposed two things -- a variance and a modification. They would take dawn the pole-mounted sign and move the gasoline price sign. They have requested a variance to leave the decals on the pumps. DRB has recommended approval of the variance request. It was confirmed by a representative of Chevron that the pumps have to be branded by law. Rodney Slifer recommended that we approve the recommendations of the DRB and staff. Colleen Kline made a motion to approve the variance request, which was seconded by Hermann Stauffer. A vote was taken and the motion passed unanimously. The next item on the agenda was the discussion of the Environmental Assessment Report. Ron Phillips said that at the Regular Meeting held on November 20, 1984, the Environmental Assessment was reviewed by the Council. The Staff recommendation was read and comments were taken from the floor regarding the Environmental Assessment, relating to proposal of Western Land Exchange Co. an the land exchange. Vail Town Council Meeting Tuesday, December 4, 1984 Paqe 4 At that meeting it was decided that the decision would be postponed until this evening in order to give members of the Council the opportunity to review the Environmental Assessment in more depth. Also, numerous letters from property owners and residents of the Town of Vail protesting the land exchange were received. Staff has taken comments and put them in the form of a letter to Forest Service Supervisor, Richard Woodrow. That letter is now being considered for approval and adoption. We need to respond as quickly as possible to the Forest Service. Radney Slifer went on to clarify the three alternatives in the Environmental Assessment. Ron Phillips said that the 2i-acre parcel near the Lodge was annexed to the Town sometime ago, but the Forest Services does not believe it to be a part of the Town of Vail. We seem to have a disagreement with the Forest Service not only on this point, but many others also. The zoning for the Lodge parcel is currently green belt/natural open space, and the Spraddle Creek parcel is a~ricultureJopen space. Rodney Slifer read the last page of the Letter we are sending to Mr. Woodrow {copy attached). Gail Wahrlich-Lowenthal had some questions for the Forest Service, but there was no representative present this evening. Rad Slifer asked for a show of hands regarding the alternatives and there were many votes for Alternative B. Bill Hanlon said that Spraddle Creek Would be a good place for a cemetery. Jay Peterson said that the Town would acquire the parcels at the same price as any individual. Rodney Slifer said that this exchange is strictly a Forest Service decision and there is no public input required. They can make any decision they wish. Ran Phillips said that th~.s is one of the reasons the Town will be developing a master plan. Eric Affeldt, representing Action Vail, wants the Council to let it be known that the Town is opposed to any land exchange. Kent Rose then made the following motion: x. By separate and specific document oppose the land exchange in its present form. 2. Forward Environmental Assessment comments, along with minutes and all public input to Forest Service. 3. Send policy statement to Forest Service, stating that we have na desire to have any additional parcels placed on the disposal lsit far private development. 4. We pursue the acquisition of all lands in Alternative B. The motion was seconded by Hermann Staufer. Rod Slifer said that part of the problem is that the Reagan adminis- tration had said that we should get rid of the public lands. Gail Wahrlich-Lowenthal said that she cannot support the motion. She does not believe that all Forest Service exchanges are bad and thinks the Lodge parcel does make sense. The Lodge would have to take a long road before there could be any improvements. In talking to people at the American Ski Classic, there is a lack of parking availability at the Lodge. We need to be more competitive with Beaver Creek. We need to address the fact that the Lodge at Vail is the only large facility that can effectively compete with some of our down-valley competitors. The Town of Vail does not have a good master plan for Spraddle Creek. We have to master plan the Vail Associates parcel and this parcel together. For all these reasons, she cannot support Alternative B. A vote was taken to approve the motion,--which was approved by six members of the~Council, with Gail Wahrlich-Lowenthal opposed. The next item on the agenda was the Heritage Cablevision rate increase. Larry Eskwith said that Heritage has notified its subscribers that they will be increasing their rate by 50. They have not obtained approval of the Town of Vail, The increase is based. on a i~ew Federal bill which was recently enacted into law -- the Cable Franchise Policy Communications Act of 1,984. This Act_reduces the power. of munici- palities to control cable TV companies. There is some question as Vail Town Council Meeting Tuesday, December 4, 198 Page 5 C to whether Heritage can increase their rate by 5~ without permission from the Town of Vail. According to the new Act, cable companies can increase their rates by 5% every year for two years. We do have an ordinance that sets forth a specl.fic rate, in which case the Town does have the power to approve or disapprove the rate increase. Counsel for Heritage disagrees withour opinion that we do have thea bility to approve the increase. Larry Eskwith went on to explain the franchise renewal process. Gene Larson, the General Manager of Heritage Cablevision, said that there is a lot of room for interpretation under the new Act. He believes that they can increase their basic subscription rates by 5% per year over the next two years. The current rate increase goes into effect on January 1, 1985. Colleen Kline said that when Heritage took over the franchise, there were many commitments made. There is some voice from the community that not all of these commitments were fulfilled. Bill Hanlon thought that the cable company would have to justify any increase to Council. He also wanted to know whether or not there was a fair rate of return on monies Heritage has invested in Vai1..Dave Gorscuh wanted to know haw our rates compare to those. in Frisco, etc. Mr. Larson said they are a bit higher. Frank Caroselli said that the franchise was never put to the vote of the people. Hermann Staufer wanted to know why Heritage did not go through channels to get a price ~,ncrease per the Consumer Price Tndex. Rodney Slifer wanted to know if Council wanted to accept the increase or go against it. Gail Wahrlich-Lowenthal said she would like a public hearing on Heritage's effectiveness. Dan Corcoran said that Heritage owes the Town of Vail a public hearing because the Town has ~nintentional7y helped ~ler~tage set ~up .a monopoly. A vote was taken and it was unanimously decided to hold a public hearing at the evening meeting on December 18, 1984, The next item of discussion was the cemetery site. Peter Patten said that he did some research into the files. There was some work done about six years ago by the Community Development staff regarding the location of a cemetery. We received a proposal in 1978 to locate a cemetery within the Town. Staff at that time evaluated six different sites. The proposal was eventually dropped because of the problems encountered in the Town's actual running of the proposed cemetery. Council. would now like staff to pursue this and identify an appropriate site for it. The Spraddle Creek site has already been suggested. The next item of discussion was the proposed annexation agreement for the Vail Associates Spraddle Creek property. Ron Phillips said that this agreement has been in discussion for a number of months. It now simply addresses the fact that Vail Associates would like to annex this property to the Town of Vail. and has in fact filed a petition for annexation. Ron Phillips then reviewed the agreement and said that this is the first step in annexing this property. Hermann Staufer made a motion to execute the agreement, which was seconded by Paul Johnston. A vote was taken and the motion passed unanimously. Rodney Slifer mentioned that this was the first meeting since the death of John Dobson and that he will be missed by everyone in Vail. The next item on the agenda was the Town Manager Report. Ran Phillips had the following items to report; 1. Employees of the month for this month were two firemen, Caoter Overcash and Jim Spell. ~„ 2. The Town had a very successful Thanksgiving weekend. Business was up considerably. Vail Town Council Meeting Tuesday, December 4, 1984 Page 6 • f • 3. Scott Hamilton will be in Town for several ice shows on December 22, 1984 at the Tce Arena. There being no further business, the meeting adjourned at 10:45 p.m. ATTEST `. ~. Pamela.-A. Brandmeye Town~Clerk Respectfully submitted, Ro ey E. ~.Yf~, Mayor ~~ MINfJTES VAIL TOWN CO~iNCIL MEETING DECEMBER 18, 1984 7:30 p. m. A regular meeting of the Vail Town Council was held on Tuesday, December 18, 1984, at 7:30 p.m. in the Council Chambers. MEMBERS PRESENT: Rodney E, Slifer, Mayor Paul Johnston, Mayor Pro--Tem Kent Rose Colleen Kline Hermann Staufer Gail Wahrlich-Lowenthal Dan Corcoran T46dN OFFICIALS PRESENT: Ron Phillips,, Tawn Manager Larry Eskwith, Town Attorney Pam Brand~meyer, Town Clerk The first item on the agenda was the Minutes of the December 4 meeting, Ron ~,_ Phillips read the following corrections: on page 2, second paragraph, last line, Dan Corcoran was not a member of the Council at the time of the minutes' approval. On page 4, the Spraddle Creek parcel is agriculture/open space zoning. page 5, third line from bottom of first paragraph, Dan Cgrcoran said that the Town has unintentionally helped set up a monopoly. There being no further corrections, Kent Rose made a motion to approve the Minutes of the December 4 meeting with the above=noted changes, which was seconded by Dan Corcoran. A vote was taken and the motion passed unanimously. The next item on the agenda was the Heritage Cablevision public hearing. Ron Phillips explained that at the last meeting of the Council i.t was decided to hold a public meeting on the proposed rate increase. Ron Phillips wanted to know if Gene Larson, the Heritage representative, had any financial information available. Mr. Larson said that an the advice of counsel, he was not prepared to justify the rate increase. He read part of a letter from Annette Howe,the Heritage attorney, Larry Eskwith said that neither Heritage nor the Council wish to waive any of their rights. Larry Eskwith said that he could not at this time say whether Heritage is in violation of the new Communications Act. Hermann Staufer made a motion to disapprove the Heritage rate increase but wait with any legal action. The motion was seconded by Paul Johnston. A vote was taken and the motion passed unanimously. The third item on the agenda was the first read i.ng of Ordinance No, 35, Series of 1984, an ordinance annexing to the Town of Vail a parcel of property commonly known as the Spraddle Creek parcel. Peter Patten made a presentation regarding Vail Associates' request on annexation of the parcel. Staff is in favor of the annexation and the zoning would have to go through the regular channels. An annexation agreement was previously entered into with Vail Associates. Hermann Staufer made a motion to approve Ordinance Na, 35, Series of 1984, an first reading, which was seconded by Pau] Johnston. A vote was taken and the motion passed unanimously. Second reading will be January 15, 19.85. The next item on the agenda was the second reading of Ordinance No. 34, Series of 1984, an ordinance making supplemental appropriations from the Town of Vail General Fund, etc. Bill Pyka made the presentation, saying that during the year various costs were incurred causing the budget to be in excess of the original appropriations, i. e,, snow removal, mudslides, Vail Symposium, hazard study, etc. There being no questions and no further discussion, Dan Corcardn made a motion to approve Ordinance Na. 34, Series of 1984, on second reading, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously. The next item was a request to amend a public accommadatign zone district. Kristan Pritz made a presentation on behalf of staff, Saying that the applicant is Bradway __ Enterprises, who is requesting to make it possible to allow retail space in the Mountain Haus even though the Mountain Haus is not a lodge by definition. Only lodges are allowed 10% accessary uses. The structure does act as a lodge, as it is currently mostly short-term rental. Art Ablanalp represented the applicant. He said that the zoning code fails to recognize that there are properties within the Town that are operated as temporary housing which dq not comply with the definition of the term "Lodge," Some of these structures were built before the v r -w Vail Town Council Meeting December 18, 1984 Page 2 zoning ordinance. There seems to be a need for commercial space in lodging structures. Kristan Pritz went on to say that this is a request for a zone change and the PEC recommended denial. The Council's options are denial, approval, or modify it somewhere in between. Dan Corcoran moved to deny the request based on the staff memorandum. The motion was seconded by Colleen Kline. A vote was taken and the motion passed unanimously. The next item on the Agenda was the Town Manager Report. The first thing was a short program of Christmas songs by the Dickens Carolers. Paul Johnston then thanked Rod Slifer far his wonderful contributions to the Town and presented him with an engraved gavel. Rodney Slifer, whose last meeting this was, said that it has been an honor to serve. He is sure this Council will carry on as others have in the past. There being no further questions, the meeting adjourned at 9:30 p.m. ATTEST _. Fame-1 a - E: --Birandmeyer, Town 1 erk Minutes taken by Joyce Ha1ee. Respectfully submitted, Rodney~E. Slifer, Mayor 8Y: Kent Rose ~-